church might refufe to employ a curate, or permit a minister duly nominated or licensed to officiate in fuch augmented chapel, and might offitiate 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 minifter would thus be funk inftead of being augmented: be it therefore enacted by the au- All augmentthority aforefaid, That all fuch churches, curacies, or chapels, ed churches, which thall at any time hereafter be augmented by the governors &c. fhall be of the bounty of Queen Anne for the augmentation of the main- Perpetual benefices, tenance of the poor clergy, fhall be, and are hereby declared and established to be, from the time of fuch augmentations, perpetual cures and benefices, and the minifters duly nominated and the miniand licensed thereunto, and their fucceffors refpectively, fhall fters fhall be bodies polibe, and be esteemed in law, bodies politick and corporate, and tick, shall have perpetual fucceflion by fuch name and names as in the grant of fuch augmentation fhall be mentioned, and shall have

excluded from

a legal capacity, and are hereby enabled to take, in perpetuity, and shall be to them and their fucceffors, all fuch lands, tenements, tithes, enabled to and hereditaments, as fhall be granted unto or purchafed for take in perpe. them refpectively by the faid governors of the bounty of Queen tuity fuch lands, &c. Anne for the augmentation of the maintenance of the poor clergy, or other perfons contributing with the faid governors as be- Improprianefactors; any law or ftatute to the contrary notwithstanding: tors, &c. of and that the impropriators or patrons of any augmented churches augmented or donatives, for the time being, and their heirs, and the rectors and the rectchurches, &c. and vicars of the mother-churches whereto any fuch augmented ors, &c. of the curacy or chapel doth appertain, and their fucceffors, fhall be motherand are hereby utterly excluded from having or receiving, di- churches, are rectly or indirectly, any profit or benefit by fuch augmentation, the benefit of and fhall from time to time, and at all times, from and after fuch augmenfuch augmentation, pay and allow to the minifters officiating in tion, and shall any fuch augmented church and chapel respectively, such annual allow the ufual and other penfions, falaries, and allowances, which by antient penfions, &c. cuftom, or otherwife, of right, and not of bounty, ought to be fters officiatby them refpectively paid and allowed, and which they might, ing. by due course of law, before the making of this act, have been compelled to pay or allow to the respective minifters officiating there, and fuch other yearly fum or allowance as shall be agreed upon (if any shall be) between the faid governors and fuch patron or impropriator, upon making the augmentation, and the fame are and fhall be hereby perfectly vented in the ministers officiating in fuch augmented church or chapel respectively, and their respective fucceffors.

to the mini

V. Provided always, That no fuch rector or vicar of fuch No rectors,&c. mother-church, or any other ecclefiaftical person or perfons, of motherhaving cure of fouls, within the parish or place where fuch aug- churches to be discharged mented church or chapel fhall be fituate, or his or their fuccef- from cure of fors, fhall hereby be divested or discharged from the fame; but fouls. the cure of fouls, with all other parochial rights and duties, (fuch augmentation and allowances to the augmented church or chapel, as aforefaid, only excepted) fhall hereafter be and re

Augmented cures remain ing void fix months, hall lapse to the bishop, &c.

If perfons intitled to nominate fuffer a lapfe, but no

minate before advantage taken, fuch nomination

Call be good.

main 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 fucceffion in fuch augmented cures, hereby made perpetual cures and benefices, and that the fame may be duly and conftantly ferved: be it enacted by the authority aforesaid, That in cafe fuch augmented cures be suffered to remain void by the space of fix months, without any nomination within that time of a fit person to serve the fame (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 fame fhall lapfe to the bishop, or other ordinary, and from him to the metropolitan, and from the metropolitan to the crown, according to the courfe of law used in cafes of presentative livings and benefices, and the right of nomination to fuch augmented cure may be granted or recovered and the incumbency thereof may and thall ceafe, and be determined, in like manner, and by the like methods, as the prefentation to, or incumbency in any vicarage presentative may be now refpectively granted, recovered, or determined.

VII. Provided always, That in cafe the perfon or persons entitled to nominate in fuch augmented cure thall fuffer lapfe to incur, but shall nominate before any advantage taken thereof by the ordinary, metropolitan, or crown, respectively, that fuch nomination (hall be as effectual as if made within fix months, although so much time be before elapfed, as that the title of lapse be vested in the crown.

VIII. And in as much as by the faid rules established by her faid late Majefty, under her great feal, for the management of the aforefaid royal bounty, her faid late Majefly was pleased to manifeft her gracious intentions to invite private contributions towards augmenting the maintenance of the poor clergy, by ordering, amongst other things, That to encourage benefactors from others, and thereby the fooner to complete the good that was intended by her faid late Majefty's bounty, the faid governors may give the fum of two bundred pounds (which is the ftated fum allowed to each cure which shall be augmented) to cures not exceeding thirty-five pounds per annum, where any perfon or perfons will give the fame or greater fum or value in lands or tithes and in as much as the right of presentation, or nomination to fmall livings, is of inconfiderable value, and yet it may be a great inducement to fuch benefactions, if the benefactors may have fome right of presentation or nomination to the cure which himself contributes to augment; be it therefore further enacted, That all All agreeagreements with fuch benefactor and benefactors, with the conments with be- fent and approbation of the faid governors, touching the patrontouching the age or right of presentation or nomination to any fuch augpatronage of mented cure, made or to be made for the benefit of fuch beneaugmented factor and benefactors, his, her or their heirs or fucceffors, by cures, fhall be the King's most excellent majefty, his heirs and fucceffors, ungood in law; der his and their fign manual, or by any bodies politick or corporate, or by any perfon or perfons being of the full age of twenty-one years, having an estate of inheritance either in fee

nefactors

fimple,

fhall be vefted

fimple, 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 eftate for life, or for years determinable upon his and their own life and lives, with remainder in fee-fimple or fee-tail to any iffue of his or their own bodies, in fuch patronage, or right of presentation, or nomination, in poffeffion, reverfion or remainder, fhall be refpectively good and effectual in the law against his Majesty, his heirs and fucceffors, or against all and every fuch bodies politick and corporate, or against the perfons fo agreeing, their wives, heirs and fucceffors respectively, and every of them, and against all and every their iffue, and against every other perfon and perfons claiming in remainder and reverfion after such estate-tail, as a- and the adforefaid, according to the form of fuch agreement; and the ad- vowfon, &c. vowfon, patronage, and right of presentation and nomination in fuch benc to fuch augmented churches and chapels, fhall be vested in such factors. benefactors, their heirs and fucceffors, as against his Majesty, his heirs and fucceffors, or the faid bodies politick and corporate, and their fucceffors, or the said respective perfons, as aforefaid, as fully, and in like manner and form, as if the fame had been granted by his faid Majefty, his heirs or fucceffors, under his and their great feal, and as if fuch bodies politick or corporate had been free from any restraint, and as if fuch other perfons fo agreeing had been fole feized in his and their own right of fuch advowfon, patronage, right of presentation and nomination, in fee-fimple, and had granted the fame to fuch benefactors, their heirs and fucceffors refpectively, according to fuch agreements.

IX. And be it further enacted, That the agreements of guar- Agreements dians for and on behalf of infants or ideots under their guardi- fhall bind inof guardians anship, shall be as good and effectual to all intents and purposes, fants, &c. as if the faid infants or ideots had been of full age, and of found mind, and had themselves entred into fuch agreements.

X. Provided always, That in cafe of any fuch agreement, as Agreement by aforefaid, by any parfon or vicar, the fame fhall be with the a parfon fhall confent and approbation of his patron and ordinary. be with conXI. Provided alfo, That in cafe of any fuch agreement, as tron. fent of his paaforefaid, made by any perfon seized in right of his wife, the Where the wife shall be a party to the agreement, and shall seal and execute wife fhall be a the fame.

party to the

Such agree

ments thall be

XII. And in as much as fuch benefactors are to be confidered, in agreement. Jome degree, as founders and patrons of churches; be it further enacted, That fuch agreements fo made, as aforefaid, fhall be as effectual for effectual for the fupplying cures vacant at the time of fuch aug- fupplying vamentation made or propofed, as for the advowson or nomina- cant cures. tion to future vacancies.

XIII. And be it further enacted by the authority aforefaid, The estate setThat it shall and may be lawful, with the concurrence of the tled for augfaid governors of the bounty of Queen Anne for the augmenta- mentation tion of the maintenance of the poor clergy, and the incumbent, may be expatron, and ordinary of any augmented living or cure, to ex- changed.

change

Augmented donatives to be visited by

the bishop.

No donative augmented without the patron's con

fent.

The governors may agree with the patron, &c.

of any donative, &c. for an allowance

to the minifter

of fuch augmented donative, &c.

and fuch agreements

change all, or any part of the estate settled for the augmentation thereof, for any other eftate in lands or tithes, of equal or greater value, to be conveyed to the fame ufes.

XIV. And be it further enacted by the authority aforesaid, That all fuch donatives which are now exempt from all ecclefiaftical jurifdiction, and fhall be augmented by virtue of the powers given by this act, fhall be subject to the vifitation and jurisdiction of the bishop of the diocese wherein fuch donative is, to all intents and purposes of law whatsoever.

XV. Provided always, That no donative fhall be augmented without the consent of the patron or patrons in writing, under his or their hands and feals firft had and obtained.

XVI. Provided alfo, That where it fhall fall to the lot of any donative, curacy, or chapelry, to receive an augmentation from the faid 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 impowered, before they make the fame augmentation, to treat and agree with the patron of any donative, impropriator of any rectory impropriated without endowment of any vicarage, or parfon or vicar of any mother-church (as the cafe fhall happen to be) for a perpetual yearly, or other payment or allowance to the minifter or curate of fuch augmented donative, curacy, or chapelry, and his fucceffors, to be made in all fucceeding times by fuch patron, impropriator, parfon or vicar, and his and their heirs and fucceffors, and for charging and fubjecting the impropriate rectory, or the mother-church, or vicarage therewith, and thereunto, in fuch manner, and with such remedies as they fhall be thought fit; and fuch agreements made with the King's moft excellent majefty, his heirs and fucceffors, under his or their fign manual, or with any bodies politick or corporate, or any other perfon or perfons having any estate or intereft, in poffeffion, reverfion, or remainder, in any fuch 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 perfon or perfons having fuch eftate or intereft, or with any parfon or vicar of any mother-church, fhall be as effectual to all intents and purposes with refpect to fuch charges, as agreements made with his Majefty, his heirs and fucceffors, or with the fame perfon or perfons, bodies politick or corporate respectively, touching the patronage or right of presentation or nomination to the fame cures, touching which fuch agreements fhall be respectively made; and in cafe fuch impropriator, other than the King's majefty, his heirs and fucceffors, and fuch parfon or vicar, will not or fhall not make fuch agreement with the said governors of the bounty of Queen Anne for the augmentation of the maintenance of the poor clergy; it fhall and may be lawful fuch augmen- to and for the faid governors to refufe fuch augmentation, and to apply the money arifing from the late Queen's faid bounty,

fhall be effectual.

And if fuch impropriator (other than the King) will not agree, the

governors may refufe

tation.

which ought to have been imployed therein, for augmenting. fome other cure, according to the rules then in force.

dated Dec. 24.

fectual as if it

XVII. And whereas the before-mentioned acts of parliament, of the The certificate fifth and fixth years of the reign of her faid late Majefty, were, for for the diocefe the diocefe of Chichester, not executed in due time, and in many di- of Chichester, acefes not with that exact certainty of the yearly values and diftinction 1708. and reof medieties in the certificates, as regularly ought to have been; and maining in the Jome fmall prebends in cathedral churches were, by reafon of their be- Exchequer, ing dignities, omitted in fome certificates, although they have the cure fhall be as efof fouls thereto annexed, and are therefore livings with cure of fouls had been rewithin the words and meaning of the faid acts: for fupplying the de- turned in due fect in the execution of the faid former acts of parliament; be it en- time. acted by the authority aforefaid, That the certificate for the diocefe 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, hall be as effectual, to all intents and purposes, as if the fame had been fealed and returned into the faid court of Exchequer, within the times limited by the faid refpective acts of parliament in that behalf made; and alfo that all and every the churches, vicarages and livings, in and by the faid 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 faid refpective discharges by the said several acts of parliament, as fully, to all intents and purposes, as if the precife yearly value had been expreffed, and the medieties diftinguished in fuch certificate and certificates: and further, that it shall and may be And the golawful to and for the faid governors of the bounty of Queen vernors may Anne for the augmentation of the maintenance of the poor cler- theExchequer certify into gy, under their common feal, to be affixed at a court of the faid the prebends governors, and under the hands of the governors then prefent, under the to certify into the court of Exchequer the names of fuch pre- yearly value of bends in cathedral churches, under the yearly value of fifty not named in 50l. though pounds, the prebendaries whereof have the immediate cure of any former fouls of the refpective parishes whereof fuch prebends are deno- certificate, minated, although the same were not named in any former certificate; and fuch certificate and certificates of the faid gover-tificates fhall nors, being returned into the said court of Exchequer, fhall be be effectual. as effectual to all intents and purposes of the faid two beforementioned acts of parliament, as if the prebends therein named had been duly certified within the times in the said acts limited, and by the perfons, and in the, manner therein directed.

and fuch cer.

certified,

XVIII. And whereas notwithstanding the utmoft diligence of the Livings not bifbops to inform themselves of, and certify into his Majefty's court of which the biExchequer, all the livings in their respective diocefes under the clear fhops may improved yearly value of fifty pounds, in pursuance of the faid acts, certify before the feveral livings within the refpective diocefes hereafter named, March 25,, though fuppofed to be under the value of fifty pounds per annum, have 1716, either not been certified, or if certified, the certificates of them have been loft, er not duly entred, or by fome other mistakes it has fo hap

pened

1