agree ments for transfer of Confirming and Benefactors (as therein before mentioned), with the consent and approbation of the said Governors, touchpatronage ing the patronage or right of presentation or nominąof Cures to tion to any such augmented Cure, made or to be made in certain for the benefit of such Benefactor and Benefactors, his, benefactors cases. Instruc her, or their heirs or successors, by the King's most excellent Majesty, his heirs and successors, under his and their sign manual, or by any bodies politic or corporate, or by any person or persons being of the full age of twenty-one years, having an estate of inheritance either in fee simple or fee tail, in their own right, or in the right of their churches, or wives, or jointly with their wives, made before coverture, or after, or having an estate for life, or for years, determinable upon his or their own life and lives, with remainder in fee simple or fee tail to any issue of his or their own bodies, in such patronage, or right of presentation, or nomination in possession, reversion, or remainder, shall be respectively good and effectual in the law against his Majesty, his heirs and successors, or against all and every such bodies politic and corporate, or against the persons so agreeing, their wives, heirs and successors respectively, and every of them, and against all and every their issue, and against every other person and persons claiming in remainder and reversion after such estate tail, as aforesaid, according to the form of such agreement." And (by sec. 10) it is provided, "that in case of any such agreement as aforesaid by any Parson or Vicar, the same shall be with the consent and approbation of the Patron and Ordinary." In case of an agreement to transfer the patronage of tions as to a Cure to a Benefactor with the consent of the Patron the trans tronage of a Cure to a benefactor. and Ordinary, according to the above-mentioned clause, fer of paall the particulars relating thereto must be laid before the Governors, and if they consent to the measure, they will give directions to their Solicitor to prepare the necessary deeds (at the cost of the parties) to carry the agreement into effect, to which deeds the Patron of the Mother Church and the Ordinary are necessary parties. Separation of a Curacy or Chapel from the Mother tation. Act 1 Geo. (Sec. 16.) I. chap. 10. As to treat ing with Patrons of tors, &c. augmenta Cures. By the Act passed in the first year of the reign of his Majesty King George the First, chap. 10, (sec. 16) it is provided, "That where it shall fall to the lot of any Donative, Curacy, or Chapelry to receive an aug- Donatives, mentation from the said Bounty according to the Impropriarules already established, or hereafter to be established, before the it shall and may be lawful to and for the Governors of tion of the Bounty of Queen Anne for the augmentation of the maintenance of the poor Clergy, and they are hereby empowered, before they make the same augmentation, to treat and agree with the Patron of any Donative, Impropriator of any Rectory impropriated without endowment of any vicarage, or Parson or Vicar of any Mother Church (as the case shall happen to be) for a perpetual yearly or other payment or allowance to the Minister or Curate of such augmented Donative, Curacy, or Chapelry, and his successors, to be made in all succeeding times by such Patron For a year ly payment or allow ance. To be charged on impropriate rectory church. Impropriator, Parson or Vicar, and his and their heirs and successors, and for charging and subjecting the imor mother propriate Rectory, or the Mother Church, or Vicarage therewith, and thereunto, in such manner, and with such remedies as shall be thought fit; and such agreements, made with the King's most excellent Majesty, his heirs and successors, under his or their signs manual, or with any bodies politic or corporate, or any other person or persons having any estate or interest in, possession, reversion, or remainder, in any such Impropriate Rectory, in his or their own right, or in the right of his or their churches or wives, or with the guardian or guardians of any person or persons having such estate or interest, or with any Parson or Vicar of any Mother Church, shall be as effectual to all intents and purposes with respect to such charges, as agreements made with his Majesty, his heirs and successors, or with the same person or persons, bodies politic and corporate respectively, touching the patronage or right of presentation or nomination to the same Cures, touching which such agreements shall be respectively made and in case such Impropriator, other than the King's Majesty, his heirs and successors, and such Parson or Vicar, will not or shall not make such agreement with the said Governors of the Bounty of Queen Anne for the augmentation of the maintenance of the poor Clergy, it shall and may be lawful to and for the said Governors to refuse such augmentation, and to apply the money arising from the late Queen's said Bounty, which ought to have been employed therein, for augmenting some other Cure, according to the rules then in force.” The practice of the : The practice of the Governors when a Curacy or in separat. from Mo Churches. Chapel of Ease appertaining to a Mother Church is to Governors be augmented, either in consequence of a lot falling to ing Cures it, or on account of population, or where a benefaction ther is offered, is to issue the queries used previous to all augmentations (provided the yearly value thereof has been previously certified to them, which must first be done either by a supplemental return, or by answers to a special commission), and on receipt of the answers to such queries, they consider whether the Incumbent is liable to provide for the duty of the said Curacy or Chapel, and they look to the revenues of the Mother Church, and of the Curacy or Chapel, and to the population of each; and if the liability of the Incumbent of the Mother Church to provide for the duty is proved, or it turns out that the annual value of the Mother Church is considerable, the Governors, if they approve of the separation, require the consents in writing of the Incumbent and Patron of the Mother Church to the augmentation of the Curacy or Chapel, and to the separation of it from the Mother Church, and stipulate that part of the revenues of the Mother Church shall be legally fixed and secured by the Incumbent thereof, for the benefit of the Curacy or Chapel, before they proceed to augment it; and, if this be agreed to, the papers are referred to the Governors' Solicitor to prepare, at their expence, the necessary deed to be executed by the Incumbent of the Mother Church. The Governors do not approve of such a separation where the Mother Church has a small population and considerable revenue, and the Curacy or Chapelry a large population. In fact the Governors examine very narrowly all the circumstances connected with this subject, and decide upon every case of the kind which arises, according to its own peculiar character and merits, so that it is impossible to give more than a mere outline of general proceedings, which however may be accompanied with a remark, that a strong case must be made out to induce the Governors to give their consent to separate a Chapel of Ease from the Mother Church. I Geo. I. ch. 10. (Sec. 4.) es aug mented to Avoidance of Benefices by the Incumbents thereof, in consequence of their acceptance of Churches, Curacies, or Chapels, augmented by the Governors of Queen Anne's Bounty. By the before-mentioned Act of Parliament, passed in the first year of the reign of King George the First, All church- chap. 10 (sec. 4,) it is enacted, "That all such Churches, Curacies, or Chapels, which shall at any time hereafter be augmented by the Governors of the Cures and Bounty of Queen Anne, for the augmentation of the maintenance of the poor Clergy, shall be and are hereby declared and established to be from the time of such augmentation Perpetual Cures and Benefices." become Perpetual Benefices. Act 36 Geo. III. ch. 83. (Sec.3&4.) And by an Act passed in the 36th year of the reign of his late Majesty King George the Third, chap. 83, intituled, "An Act for the further support and maintenance of Curates within the Church of England, and for making certain regulations respecting the appointment of such Curates, and the admission of persons to cures augmented by Queen Anne's Bounty, with respect to the avoidance of other Benefices" (sec. 3,) |