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Augmentation of Donatives.
By the before mentioned Act of Parliament of the Act 1 Geo. i Geo. I. chap 10 (sec 14 and 15) it is enacted as to the sugfollows: “ And be it further enacted, by the authority of Dona. aforesaid, that all such Donatives which are now ex
(Sec. 14 empt from all ecclesiastical jurisdiction, and shall be and 15 ) augmented by virtue of the powers given by this Act, shall be subject to the visitation and jurisdiction of the Bishop of the diocese wherein such donative is, to all intents and purposes of law whatsoever; provided always that no Donative shall be augmented without the consent of the Patron or Patrons in writing under his or their hands and seals first had and obtained."
In case the Patron of a Donative is desirous to obtain Patron of augmentation for it from the Governors of Queen signify his Anne's Bounty, by which it will consequently become fore augunder episcopal jurisdiction, it is necessary for him to forward to the Secretary of the Governors a consent under his hand and seal, in or to the effect of the following form:
I, A—B, of —, in the county of --, Esq. patron Form of of the Donative or Curacy of
in the county of consen:. and diocese of —, do by this writing under my band and seal signify my consent to the augmentation of the said Donative or Curacy by the Governors of the Bounty of Queen Anne for the augmentation of
the maintenance of the poor Clergy, dated this
Whereupon the said Donative or Cure will become augmentable as any other Cure of the same value, and
will become subject to episcopal authority ; and if any After conlots shall have been previously drawn in its favour, and tive will be set aside for want of the Patron's consent, the Goable as any vernors may restore such lots, and if the number of ing, and
inhabitants within the said Donative or Cure amounts subject to to 500 or upwards, it will be entitled, like any other episcopal authority. Cure, containing the same population, and of equal
value, to be augmented by the Governors out of the Parliamentary grants on account of population.
Many Donatives have by the operation of Queen as to Dona- Anne's Bounty been augmented and brought under
episcopal jurisdiction ; and as the Act of the 57 Geo. III. chap. 99, includes Donatives, and brings them under ecclesiastical jurisdiction, as to the residence of the Incumbents, and the maintenance and regulation of the Curates thereof, and as the Bishops may regulate the performance of morning and evening service on Sundays in Donative Churches, and as the Patron of a Donative does not by consenting to the augmentation of it, forfeit or surrender his right to nominate a new Incumbent whenever a vacancy may occur,
it appears probable that Donatives will, for the most part, by the consent of the Patrons thereof, be rendered augmentable, and be brought entirely under episcopal jurisdiction.
Augmentation of Cures, as affecting the Curates
thereof, and the Incumbents of the Mother Churches to which they appertain.
I. ch. 10.
By the before-mentioned Act, passed in the 1st year Act. Geo. of the reign of King George the First, chap. 10 (sec. recital.
(Sec.4 & 5.) 4 and 5), after reciting that her said late Majesty's Royal Bounty to the poor Clergy was intended to extend, not only to Parsons and Vicars who come in by presentation or collation, institution and induction, but likewise to such Ministers who come in by donation, or are only stipendiary Preachers or Curates officiating in any church or chapel, where the Liturgy and rites of the Church of England, as now by law established, are and shall be used and observed, most of which are not Corporations, nor have a legal succession ; and therefore are incapable of taking a grant or conveyance of such perpetual augmentation as is agreeable to her said late Majesty's gracious intentions; and in many places it would be in the power of the Impropriator, Donor, Parson, or Vicar, to withdraw the allowance now or heretofore paid to the Curate or Minister serving the cure, or in case of a chapelry, the Incumbent of the Mother Church might refuse to employ a Curate, or permit a Minister duly nominated or licenced to officiate in such augmented chapel, and might officiate there bimself, and take the benefit of the augmentation, though his living be above the value of those which are intended to be first augmented, and the maintenance of the Curate or Minister would thus be sunk instead of
tuiry to them and their successors.
being augmented; It is enacted, " That all such Churches, Curacies or Chapels, which shall at any time
hereafter be augmenced by the Governors of the ed Cures to Bounty of Queen Anne for the augmentation of the Perpetual maintenance of the poor Clergy, shall be, and are see sec. 16. hereby declared and established to be, from the time 59.G. III of such augmentations, Perpetual Cures and Benefices, to certain and the Ministers duly nominated and licenced thereThe Minis- unto, and their successors respectively, shall be, and to become be esteemed in law, bodies politic and corporate, and lic, &c. shall have perpetual succession by such name and
names as in the grant of such augmentation shall be
mentioned, and shall have a legal capacity, and are take lands hereby enabled to take in perpetuity to them and
their successors, all such lands, tenements, tithes and hereditaments, as shall be granted unto or purchased for them respectively by the said Governors of the Bounty of Queen Anne for the augmentation of the maintenance of the poor Clergy, or other persons
contributing with the said Governors as benefactors, Impropria. any law or statute to the contrary notwithstanding; tors or Pa- and that the Impropriators or Patrons of any augmented
Churches or Donatives for the time being, and their of Mother heirs, and the Rectors or Vicars of the Mother Churches not to take whereto any such augmented Curacy or Chapel dotlı
appertain, and their successors, shall be and are hereby utterly excluded from having or receiving, directly or indirectly, any profit or benefit by such augmentation, and shall from time to time, and at all times from and after such augmentation, pay and allow to the mi.
nisters officiating in any such augmented Church and But to al- Chapel respectively, such annual and other pensions, Ministers salaries, and allowances, which by ancient custom, or
trons, and Kectors and Vicars
any profit by augmentation of Cures.
otherwise, of right and not of bounty, ought to be by of aug. them respectively paid and allowed, and which they churches
, might, by due course of law before the making of this dienoweb Act, have been compelled to pay or allow to the pensions, respective Ministers officiating there, and such other from them yearly sum or allowance, as shall be agreed upon (if nisters. any shall be) between the said Governors and such Patron or Impropriator opon making the augmentation, and the same are and shall be hereby perfectly vested in the ministers officiating in such augmented Church or Chapel respectively, and their respective successors. Provided always, that no such Rector or
Rectors or Vicar of such Mother Church, or any other ecclesias- Mother person or persons having cure of souls within the not divest
ed of cure parish or place where such augmented church or of souls of chapel shall be situate, or his or their successor or churches. successors, shall hereby be divested or discharged from the same, but the cure of souls, with all other parochial rights and duties (such augmentation and allowances to the augmented church or chapel as aforesaid only excepted) shall hereafter be and remain in the same state, plight, and manner as before the making of this Act, and as if this Act had not been made.”
Transfer of Patronage to Benefactors in certain
By the said Act passed in the first year of the reign Aceh Geo: of King George the First, chap. 10 (sec. 8), it is (Sec. 8.) enacted, “ That all agreements with such Benefactor