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Augmentation of Donatives.

Act 1 Geo. to the augof Dona

1. ch. 10. as

mentation

tives.

(Sec. 14

By the before mentioned Act of Parliament of the 1 Geo. I. chap 10 (sec 14 and 15) it is enacted as follows: "And be it further enacted, by the authority aforesaid, that all such Donatives which are now exempt 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."

consent be

mentation.

In case the Patron of a Donative is desirous to obtain Patron of Donativeto 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

and diocese of , do by this writing under my hand 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

F

consent.

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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 lots shall have been previously drawn in its favour, and tive will be set aside for want of the Patron's consent, the Go

After con

sent Dona

augment

other Liv

ing, and

become

subject to

other

able as any vernors may restore such lots, and if the number of inhabitants within the said Donative or Cure amounts to 500 or upwards, it will be entitled, like any 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.

episcopal

General

Remarks

tives.

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, 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.

it

Augmentation of Cures, as affecting the Curates thereof, and the Incumbents of the Mother Churches to which they appertain.

By the before-mentioned Act, passed in the 1st year of the reign of King George the First, chap. 10 (sec. 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 himself, 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

Act 1 Geo.
recital.
(Sec. 4 & 5.)

I. ch. 10.

Augment

become

Perpetual
Cures (but

ch. 134, as

chapels).

ters thereof

to become

bodies politic, &c.

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 maintenance of the poor Clergy, shall be, and are see sec. 16. hereby declared and established to be, from the time 59 Geo. 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 be esteemed in law, bodies politic and corporate, and 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 their suc- 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

Enabled to

in perpe

tuity to them and

cessors.

trons, and

Rectors

and Vicars

churches

not to take

any profit by augmentation of Cures.

of Mother heirs, and the Rectors or Vicars of the Mother Churches whereto any such augmented Curacy or Chapel doth 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 ministers 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

low to the

mented

&c. such

annual

&c. as due

to such Mi

Rectors or
Vicars of

otherwise, of right and not of bounty, ought to be by of augthem respectively paid and allowed, and which they churches, might, by due course of law before the making of this 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 upon 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 Vicar of such Mother Church, or any other ecclesiastical person or persons having cure of souls within the parish or place where such augmented church or chapel shall be situate, or his or their successor or 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."

Mother not divest

Churches

ed of cure

of souls of churches.

augmented

Transfer of Patronage to Benefactors in certain

Cases.

Act 1 Geo.

By the said Act passed in the first year of the reign 1. chap. 1. of King George the First, chap. 10 (sec. 8), it is (Sec. 8.) enacted, "That all agreements with such Benefactor

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