No. 20.

such of them whereof they shall have fully informed themselves, from Time to Time, with all convenient Speed, to certify under their 1 Geo 1. c. 10. respective Hands and Seals or Seals of their respective Offices, to the and certify the said Governers of the Bounty of Queen ANNE, for the Augmenta- same to the Gotion of the Maintainance of the poor Clergy, for their better Inforina- vernors. tion in the Premisses.

Aun.. 24, and

lue of Livings not

11. Provided always, and be it enacted by the Authority afore- Certificates resaid, That where by Certificates duly returned into her Majesty's turned into the Court of Exchequer at Westminster, pursuant to an Act made in the Exchequer by 5 Parliament held in the fifth Year of the Reign of her said late Majesty, 6 Aun. c. 27, shall intituled, An Act for discharging small Livings from their First- ascertain the Vafruits and Tenths, and all Arrears thereof, and one other Act made exceeding 501. per in the sixth Year of the Reign of her said late Majesty, intituled, Ann. An Act to enlarge the Time for returning the Certificates of all Ecclesiastical Livings, not exceeding the yearly Value of fifty Pounds: As also for discharging all Livings of that Value from the Payment of First-fruits; avd for allowing Time to Archbishops and Bishops, and other Dignitaries for Payment of their First-fruits; or either of them, or made good by this Act, the yearly Value of any Livings, not exceeding the clear yearly Value of fifty Pounds, are particularly and duly expressed and specified, such Certificates shall ascertain the yearly Values of such Livings, in Order to their being angmented by the said Governors, and no new or different Valuation thereof shall be returned to the said Governors by Virtue of this present Act.

All Rules, Methods, &c. agreed on by the Gover

nors, and proposed

to his Majesty, aud approved under hin

III. And whereas by her late Majesty's Letters Patent under her Great Seal, bearing Date the third Day of November in the 'third Year of her Reign, incorporating the Governors of the Bounty * of Queen ANNE, for the Augmentation of the Maintenance of the poor Clergy, the said Governors were authorized to consider, con'sult, advise, agree upon, draw up, prepare and propose in Writing Sign Mauel, shall to her said Majesty, her Heirs and Successors, such proper and be valid. 'necessary Rules, Methods, Directions, Orders, and Constitutions, as the said Governors, or any seven or more of them, with such Quorum as is therein directed, should in their Discretions judge ' most convenient to be observed, for and towards the better Rule and * Government of the said Corporation and the Members thereof, and * the receiving, accounting for, and managing all and every the 'Revenues thereby granted, or mentioned to be granted, and all 'Arrears thereof, and also for and concerning the distributing, paying, and disposing of the same, and all other Gifts and Benevolences that should or might be given or bequeathed to the said Corporation ⚫ for the charitable Ends in the said Letters Patent mentioned, for the Augmentation of the Maintenance of the poor Clergy aforesaid; and such Rules, Methods, Orders, Directions, and Constitutions, as should be so proposed, and should be approved, altered or ⚫ amended by her said late Majesty, her Heirs or Successors, and such 'as should be made by her said Majesty, her Heirs and Successors, and so signified and declared by her, her Heirs or Succersors, under 'her or their Great Seal, her said late Majesty thereby willed should be the Rules, Methods, Directions, Orders, and Constitutions, by which the Governors of the Bounty of Queen ANNE, for the 'Augmentation of the Maintenance of the poor Clergy and their 'Successors, should receive, manage, govern, apply and dispose her 'said late Majesty's Royal Bounty, and other Gifts and Benevolences which should or might after that Time be given or bequeathed to 'the said Corporation (where the Donors thereof should not particu⚫larly direct the Application thereof) to and for the Increase of the 'Maintenance of such Parsons, Vicars, Curates, and Ministers

No. 20.

1 Geo. I. c. 10.

officiating in any Church or Chapel within the Kingdom of = England, Dominion of Wales, or Town of Berwick-upon-Tweed, where the Liturgy and Rites of the Church of England, as then by Law established, were and should be used and observed, for whom 'a Maintenance was not then sufficiently provided: And whereas pursuant to the said Letters Patent of Incorporation, the said a Governors did agree upon, prepare, and propose to her said late Majesty, certain Rules and Constitutions for the better Rule and ⚫ Government of the said Corporation, and her said late Majesty, by Letters Patent under her Great Seal, bearing Date the fifth Day of March in the twelfth Year of her Reign, did establish the said Rules and Constitutions, reserving to herself, her Heirs and Successors, Power, from Time to Time, under her or their Great Seal, to alter ⚫ the same, and to give and make in like Manner such other Rules and Constitutions, according to the true Intention of the said Letters • Patent of Incorporation, as to her said Majesty, her Heirs or Suc⚫cessors should seem meet: And whereas a more expeditious and easy Method of making and altering the Rules and Constitutions, for the better Rule and Government of the said Corporation, may tend to the Advancement of the said Charity;' Be it enacted and declared by the Authority aforesaid, That all such Rules, Methods, Orders, Directions and Constitutions, as shall, from Time to Time, be by the said Governors agreed upon, prepared and proposed to his Majesty, his Heirs and Successors, according to the true Intention of the said Letters Patent of Incorporation, and by his Majesty, his Heirs and Successors, approved under his or their Sign Manual, shall be as good, valid and effectual Rules, Methods, Directions, Orders and Constitutions, for the Purposes aforesaid, as if the same were made or established under the Great Seal of his Majesty, his Heirs or Suc

cessors.

་

IV. And whereas 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, is I now by Law established, are and shall be used and observed, most of which are not Corporations, nor have a legal Succession, and there'fore 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 duty nominated or licensed 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 of Minister would thus be sunk instead of being augmented: Be it therefore enacted by the Authority aforesaid, That all such Churches, Curacies, or Chapels, which shall at any Time hereafter be augmented by the Governors of the 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 Augmentations, and the Ministers perpetual Cures and Benefices, and the Ministers duly nominated and shall be Bodies licensed thereunto, and their Successors respectively, shall be, and be esteemed in Law, Bodies Politick and Corporate, and shall have perpetual Succession by such Name and Names as in the Grant of

All augmented

Churches, etc. shall be peipe tual Benefices,

Politick.

such

such Augmentation shall be mentioned, and shall have a legal Capa- No. 20. city, and are hereby enabled to take, in Perpetuity, to them and their 1 Geo. 1. c. 10 Successors, all such Lands, Tenements, Tithes, and Hereditaments, as and shall be ena shall be granted unto or purchased for them respectively by the said bied to take in Pe petuity Governors of the Bounty of Queen ANNE for the Augmentation of Lanus, etc. 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 Impropriations, any augmented Churches or Donatives, for the Time being, and their Churches, etc and etc. of augmented Heirs, and the Rectors and Vicars of the Mother Churches whereto the Rectors, e c.

of the Mother

Augmentation.

ciating.

any such augmented Curacy or Chapel doth appertain, and their Suc- Churches, are exeessors, shall be and are hereby utterly excluded from having or cinded from the receiving, directly or indirectly, any Profit or Benefit by such Aug. Benefit of SUCIL mentation, and shall from Time to Time, and at all Times, from and and shall allow the after such Augmentation, pay and allow to the Ministers officiating usual Pensions, etc. in any such augmented Church and Chapel respectively, such annual to the Minister of 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 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 Successors.

No Rectors, etc.

from Cure of Souls

V. Provided always, That no such Rector or Vicar of such Mother Church, or any other Ecclesiastical Person or Persons, having of Mother Church Care of Souls, within the Parish or Place where such augmented es to be discharged 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.

Augmented Curs

VI. And for continuing the Succession in such augmented Cares, hereby made perpetual Cures and Benefices, and that the remaining vo'd say same may be duly and constantly served. Be it enacted by the Months,shall lapse Authority aforesaid, That in Case such augmented Cures be suffered to the Bishop, etc. 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 Ordinary, 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.

VII. Provided always, That in case the Person or Persons entitled to nominate in such augmented Cure shall suffer Lapse to incur, but shall nominate before any Advantage taken thereof by the Ordinary, 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.

No. 20.

1 Geo. I. c. 10.

"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 in as much 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 All Agreements augment;' Be it therefore further enacted, That all Agreements with Benefactors with such Benefactor or Benefactors, with the Consent and Approbatouching the Patronage of aug- tion of the said Governors, touching the Patronage or Right of mented Cures, Presentation or Nomination to any such augmented Cure, made or to shall be good in be made for the Benefit of such Benefactor and Benefactors, his, her,

Ław;

or their Heirs or Successors, by the King's most Excellent Majesty, his Heirs and Successors, under his and their Sign Manuel, or by any Bodies Politick 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 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 such Agreement; and the Advowson, Patronage, and Right al, etc. shall be of Presentation and Nomination to such augmented Churches and vested in such Be 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, and had granted the same to such Benefactors, their Heirs and Successors respectively, according to such Agreements.

and the Advow

nefactors.

Agreements of Guardians shail

IX. And be it further enacted, That the Agreements of Guardians for and on Behalf of Infants or Idiots under their Guardianbud Infants, etc. ships, 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 suoh Agreement, as aforesaid, by any Parson or Vicar, the same shall be with the Consent and Approbation of his Patron and Ordinary.

No. 20.

XI. Provided also, That in Case of any such Agreement, as aforesaid, made by any Person seized in Right of his Wife, the Wife 1 Geo. I. c. 10. shall be a Party to the Agreement, and shall seal and execute the

same.

for supplying va

XII. And in as much as such Benefactors are to be considered, Such Agreements in some Degree, as Founders and Patrons of Churches; Be it shall be effectual further enacted, That such Agreements so made, as aforesaid, shall cant Cures. 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, The Estate settled That it shall and may be lawful, with the Concurrence of the said for Augmentation may be exchanged. 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.

Augmented Dona.

XIV. And be it further enacted by the Authority aforesaid, That all such Donatives which are now exempt from all ecclesiastical tives to be visited Jurisdiction, and shall be augmented by Virtue of the Powers given by the Bishop. 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 or their Hands and Seals first had and obtained.

Patron, etc. of any

the Minister

of

XVI. Provided also, That where it shall fall to the Lot of any Donative, Curacy, or Chapelry, to receive an Augmentation from the said Bounty, according to the Rules already established, or hereafter to be established, it shall and may be lawful to and for the The Governors Governors of the Bounty of Queen ANNE for the Augmentation of may agree with the the Maintenance of the poor Clergy, and they are hereby impowered, Donative, etc. for before they make the same Augmentation, to treat and agree with the an Allowance to Patron of any Donative, Impropriator of any Rectory impropriated such angmented without Endowment of any Vicarage, or Parson or Vicar of any Donative, etc, 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 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 Sign Manuel, or with any Bodies Politick 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 Politick or Corporate respectively, touching the And if such Impro Patronage or Right of Presentation or Nomination to the same Cures, priator (other than touching which such Agreements shall be respectively made; and in agree, the GoverCase such Impropriator, other than the King's Majesty, his Heirs nors may refuse and Successors, and such Parson or Vicar, will not or shail not make tion.

the King) will not

such Augmenta