What Im propriators, Rectors, &c. are exclud ed from the Benefit of such Aug mentation. 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 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; any law or statute to the contrary notwithstanding: And that the Impropriators or Patrons of any augmented Churches or Donatives, for the time being, and their heirs, and the Rectors and 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 or Chapel respectively, such annual and other pensions, salaries, and allowances, which by ancient custom, or otherwise, of right and not of Bounty, ought to be by them respectively paid and allowed, and which they might, by due course of law, before the making of this Act, have been compelled to pay or allow to the respective Ministers officiating Allowances there, and such other yearly sum or allowance as shall be agreed upon (if 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 to Ministers officiating. What Rectors, &c. not to be discharged from Cure of Souls. Lapse of augmented Cures. successors. V. 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 were such augmented Church or Chapel shall be situate, or his or their 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. VI. And for continuing the succession in such augmented Cures, hereby made Perpetual Cures and Benefices, and that the same be duly and constantly served;' Be it enacted by the authority aforesaid, that in case such augmented Cures be suffered to remain void by the space of six months, without any nomination within that time of a fit person to serve the same (by the person or persons having the right of nomination thereunto) to the Bishop or other Ordi nary, within that time, to be licensed for that purpose, the same shall lapse to the Bishop or other Ordinary, and from him to the Metropolitan, and from the Metropolitan to the Crown, according to the course of Law used in cases of presentative Livings and Benefices, and the right of nomination to such augmented Cure may be granted or recovered, and the Incumbency thereof may and shall cease and be determined, in like manner, and by the like methods, as the presentation to, or Incumbency in any Vicarage presentative may be now respectively granted, recovered or determined. tion before advantage VII. Provided always, that in case the person or persons entitled Nomina to nominate in such augmented Cure shall suffer lapse to incur, but shall nominate before any advantage taken thereof by the Ordinary, taken. Metropolitan, or Crown, respectively, that such nomination shall be as effectual as if made within six months, although so much time be before elapsed, as that the title of lapse be vested in the Crown.. • VIII. And in as much as by the said rules established by her said late Majesty, under her Great Seal, for the management of the aforesaid royal Bounty, her said late Majesty was pleased to manifest her gracious intentions to invite private contributions towards augmenting the maintenance of the poor Clergy, by ordering, amongst other things, that to encourage benefactions from others, and thereby the sooner to complete the good that was intended by her said late Majesty's Bounty, the said Governors may give the sum of two hundred pounds (which is the stated sum allowed to each Cure which shall be augmented) to Cures not exceeding thirty five pounds per annum, where any person or persons will give the same or greater sum or value in lands or tithes : And inasmuch as the right of presentation, or nomination to small Livings, is of inconsiderable value, and yet it may be a great inducement to such Benefactions if the Benefactors may have some right of presentation or nomination to the Cure which himself contributes to augment;' Be it therefore further enacted, That all agreements with such Benefactor and Benefactors, with the consent and approbation What of the said Governors, touching the patronage or right of presen- Agreetation or nomination to any such augmented Cure, made or to be made for the benefit of such Benefactor and Benefactors, his, 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 and their own life and lives, with remainder in ments with Benefac tors shall be good in Law. 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 politick 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 and advow- such agreement; and the advowson, patronage, and right of presentation and nomination to such augmented Churches and Chapels, shall be vested in such Benefactors, their heirs and successors, as against his Majesty, his heirs and successors, or the said bodies politick and corporate, and their successors, or the said respective persons, as aforesaid, as fully, and in like manner and form, as if the same had been granted by his said Majesty, his heirs or successors, under his and their Great Seal, and as if such bodies politick or corporate had been free from any restraint, and as if such other persons so agreeing had been sole seized in his and their own right of such advowson, patronage, right of presentation and nomination, in fee-simple, and had granted the same to such Benefactors, their heirs and successors respectively, according to such agree son shall be vested in such Benefactors. Agreements of Guardians. Agreement by a Parson. Wife a party. Vacant Exchange. ments. IX. And be it further enacted, That the agreements of guardians, for and on behalf of infants or idiots under their guardianship, shall be as good and effectual to all intents and purposes, as if the said infants or idiots had been of full age, and of sound mind, and had themselves entered into such agreements. X. Provided always, That in case of any such agreement, as aforesaid, by any Parson or Vicar, the same shall be with the consent and approbation of his Patron and Ordinary. XI. Provided also, That in case of any such agreement, as aforesaid, made by any person seized in right of his wife, the wife shall be a party to the agreement, and shall seal and execute the same. XII. And inasmuch as such Benefactors are to be considered, in some degree, as Founders and Patrons of churches; be it further enacted, that such agreements so made, as aforesaid, shall be as effectual for the supplying Cures vacant at the time of such augmentation made or proposed, as for the advowson or nomination to future vacancies. XIII. And be it further enacted by the authority aforesaid, That it shall and may be lawful, with the concurrence of the said Governors of the Bounty of Queen Anne for the Augmentation of the Maintenance of the poor Clergy, and the Incumbent, Patron and Ordinary of any augmented Living or Cure, to exchange all, or any part of the estate settled for the augmentation thereof, for any other estate in lands or tithes, of equal or greater value, to be conveyed to the same uses. Visitation Donatives. XIV. And be it further enacted by the authority aforesaid, That of augall such Donatives which are now exempt from all ecclesiastical mented jurisdiction, and shall be 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. XV. Provided always, that no Donative shall be augmented without the consent of the Patron or Patrons in writing, under his No augmentation of Donative with out con sent. between and Patron native for allowance &c. of Do to Minister. or their hands and seals first had and obtained. XVI. Provided also, That where it shall fall to the lot of any Agreement Donative, Curacy, or Chapelry, to receive an augmentation from the Governors said Bounty, according to the rules already established, or hereafter to be established, it shall and may be lawful to and for the Governors 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, Impropriator, Parson, or Vicar, and his and their heirs and successors, and for charging and subjecting the Impropriate Rectory, or the Mother Church, or Vicarage therewith, and thereuunto, 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 Sign 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 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 or 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 In what Impropriator, other than the King's Majesty, his heirs and succes Such agreements shall beeffectual. case Go vernors may refuse sors, and such Parson or Vicar, will not or shall not make such augmentaagreement with the said Governors of the Bounty of Queen Anne tion. 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. Certificate for Diocese Dec. 24, 1708, in what case effectual. 'XVII. And whereas the before mentioned Acts of Parliament of of Chiches the fifth and sixth years of the reign of her said late Majesty, were, ter, dated for the Diocese of Chichester, not executed in due time, and in many Dioceses not with that exact certainty of the yearly values and distinction of medieties in the certificates, as regularly ought to have been; and some small Prebends in Cathedral Churches were, by reason of their being dignities, omitted in some certificates, although they have the cure of souls thereto annexed, and are therefore Livings with cure of souls within the words and meaning of the said Acts:' for supplying the defects in the execution of the said former Acts of Parliament: Be it enacted by the authority aforesaid, that the certificate for the Diocese of Chichester, dated the twenty-fourth day of December, one thousand seven hundred and eight, which was received in the Court of Exchequer at Westminster, and is now remaining there, shall be as effectual, to all intents and purposes, as if the same had been sealed and returned into the said Court of Exchequer within the times limited by the said respective Acts of Parliament in that behalf made; and also that all and every the Churches, Vicarages, and Livings, in and by the said certificate, or in and by the certificates made and returned in due time, or any of them, certified to be under fifty pounds per annum, and each mediety therein, shall be entitled to, and have the benefit of the said respective discharges by the said several Acts of Parliament, as fully, to all intents and purposes, as if the precise yearly value had been expressed, and the medieties distinguished in such certificate and certificates and further, that it shall and may be lawful to and for the said Governors of the Bounty of Queen Anne for the augmentation of the maintenance of the poor Clergy, under their common seal, to be affixed at a court of the said Goverand under the hands of the Governors then present, to certify into the Court of Exchequer the names of such Prebends in Cathedral Churches, under the yearly value of fifty pounds, the Prebendaries whereof have the immediate cure of souls of the respective parishes whereof such Prebends are denominated, although the same were not named in any former certificate; and such certificate and certificates of the said Governors, being returned into the said Court of Exchequer, shall be as effectual, to all intents and pur Certifi cates of Prebends under the yearly va lue of 50%. nors, : |