Page images
PDF
EPUB

VI.

PART I. letters patents shall be directed and appointed as aforesaid: CLASS and such corporation, and their successors, shall have full No. 1. capacity and ability to purchase, receive, take, hold, and Stat. 2 & 3 enjoy, for the purposes aforesaid, as well from such persons Anne, c.11. as shall be so charitably disposed to give the same, as from all other persons as shall be willing to sell or aliene to the aliene any said corporation åny manors, lands, tenements, goods or manors, chattels, without any licence or writ of Ad quod damnum; lands, &c. the Statute of Mortmain, or any other statute or law to the contrary notwithstanding.

or sell or

Persons ex- V. Provided always, That this Act or any thing therein cepted from contained shall not extend to enable any person or persons, making such gifts, being within age, or of nonsane memory, or women covert, without their husbands, to make any such gift, grant, or alienation; any thing in this Act contained to the contrary in any wise not withstanding.

&c.

taken for the four

VI. And whereas four bonds for four half yearly payment of the first fruits, as the same are rated, and also a fifth bond for a further value or payment, in respect of the same first fruits, have been required and taken from the Clergy, to their great and unnecessary burden and grievance: for remedy thereof be it enacted and declared by One bond the authority aforesaid, That from and after the twentyonly to be fifth day of March, in the year of our Lord one thousand seven hundred and four, one bond only shall in such case payments be given or required for the four payments of the said first of the first fruits: which said first fruits, as well as the tenths payable by the Clergy, shall hereafter be answered and paid by them according to such rates and proportions only as the same have heretofore been usually rated and paid: and no such fifth bond already given shall, from and after the said twenty-fifth day of March, in the year one thousand seven hundred and four, be sued or recovered.

fruits.

No. 2.

2 Ann. c. 11.

5 Ann. c. 24.

7 Ann. c. 27.

The Bi

Anno 1 GEO. I. Cap. 10.

An Act for making more effectual her late Majesty's gracious Intentions for augmenting the Maintenance of the poor Clergy.

WHEREAS it is necessary for the Governors of the Bounty of Queen Anne, for the augmentation of the maintenance of the poor Clergy, in order to the more regular making proper augmentations, to be informed, as exactly as may be, of the clear improved yearly value of the mainte

CLASS
VI.

No. 2.

of the year

nance of all such Parsons, Vicars, Curates, and Ministers, PART I. officiating in any church or chapel within that part of Great Britain called England, the dominion of Wales, or town of Berwick upon Tweed, where the Liturgy and Rites of the Stat. 1 Church of England, as now by law established, are or shall G. 1. c. 10. be used and observed, whose maintenance is intended to be augmented: be it enacted by the King's most excellent Ma- inform jesty, by and with the advice and consent of the Lords Spi- themselves ritual and Temporal, and Commons, in this present Parlia-ly value of ment assembled, and by the authority of the same, That the every benerespective Bishops of every diocese, and the Guardians of fice, &c. the Spiritualties sede vacante, shall be and are hereby empowered and required, from time to time, as they shall see occasion, and as may best serve the purposes of the said Bounty to the poor Clergy, as well by the oath of two or more credible witnesses (which they, or others commissioned by them under their hands and seals, are hereby empowered to administer) as by all other lawful ways and means, to inform themselves of the clear improved yearly value of every benefice with cure of souls, living and curacy, and of the true and clear improved yearly value of the maintenance of every Parson, Vicar, Curate, and Minister, officiating in any such churches or chapels, as aforesaid, within their several dioceses, or within any peculiars or places of exempt jurisdiction within the bounds and limits of their respective dioceses, or adjoining and contiguous thereunto, although the same be exempt from the jurisdiction of any Bishop in other cases, and how such yearly values arise, with the other circumstances thereof, and the same, or such of them whereof they shall have fully informed themselves, from time to time, with all convenient speed, to certify under their respective and certify hands and seal or seals of their respective offices, to the said the same to Governors of the Bounty of Queen Anne, for the augment-ors. ation of the maintenance of the poor Clergy, for their better information in the premises.

the Govern

into the

6 Ann. c.

II. Provided always, and be it enacted by the authority Certificates aforesaid, That where by certificates duly returned into her returned Majesty's Court of Exchequer at Westminster, pursuant to Exchequer an Act made in the Parliament held in the fifth year of the by 5 Ann. reign of her said late Majesty, intituled An Act for discharg- c. 24. and ing small Livings from their First Fruits and Tenths, and 27. shall all arrears thereof, and one other Act made in the sixth ascertain year of the reign of her said late Majesty, intituled An Act the value to enlarge the time for returning the certificates of all eccle- not exceed siastical Livings, not exceeding the yearly value of fifty ing 501. per pounds: as also for discharging all Livings of that value annum.

of livings

VI.

No. 2.

PART I. from the payment of First Fruits; and for allowing time CLASS to Archbishops and Bishops, and other Dignitaries, for payment of their First Fruits, or either of them, or made good Stat. 1 by this Act, the yearly value of any livings, not exceeding G. 1. c. 10. 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 augmented 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,

on by the

and pro

al, shall be

valid.

III. And whereas by her late Majesty's letters patent methods, under her Great Seal, bearing date the third day of Novem&c. agreed ber in the third year of her reign, incorporating the GovernGovernors, ors of the Bounty of Queen Anne for the augmentation of the maintenance of the poor Clergy, the said Governors were posed to his authorized to consider, consult, advise, agree upon, draw up, Majesty, and apprepare and propose in writing to her said Majesty, her proved heirs and successors, such proper and necessary rules, meunder his thods, directions, orders, and constitutions, as the said Gosign manuvernors, 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 successors, 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 particularly direct the application thereof) to and for the in

CLASS

VI. No. 2.

Stat. 1

1. c. 10.

crease of the maintenance of such Parsons, Vicars, Curates, PART I. and Ministers 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 G. 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 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 successors, 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 successors.

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, 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

CLASS

VI.

No. 2. Stat. 1

All augmented churches,

and the

shall be

tic,

PART I. 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 emG. 1. c. 10. ploy a Curate, or permit a Minister duly 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 or 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 &c. shall be at any time hereafter be augmented by the Governors of the perpetual Bounty of Queen Anne for the augmentation of the mainbenefices, tenance of the poor Clergy, shall be, and are hereby declared and established to be, from the time of such augmentations, perpetual cures and benefices, and the Ministers duly nomiMinisters nated and licensed thereunto, and their successors respectbodies poli-ively, 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 hereby and shall be enabled to take, in perpetuity, to them and their successors, enabled to all such lands, tenements, tithes, and hereditaments, as shall take in per- be granted unto or purchased for them respectively by the such lands, said Governors of the Bounty of Queen Anne for the aug&c. mentation of the maintenance of the poor Clergy, or other persons contributing with the said Governors as Benefactors; Impro- any law or statute to the contrary notwithstanding: and that priators, the Impropriators or Patrons of any augmented churches or &c. of aug- donatives, for the time being, and their heirs, and the Recchurches, tors and Vicars of the mother-churches whereto any such &c. and the augmented curacy or chapel doth appertain, and their suc&c. of the Cessors, shall be and are hereby utterly excluded from having or receiving, directly or indirectly, any profit or benefit churches, 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 benefit of and chapel respectively, such annual and other pensions, sasuch aug- laries, and allowances, which by ancient custom, or otherand shall wise, of right, and not of bounty, ought to be by them reallow the spectively paid and allowed, and which they might, by due usual pen- course of law, before the making of this Act, have been to the Min- compelled to pay or allow to the respective Ministers officiisters offici- ating there, and such other yearly sum or allowance as shall ating. be agreed upon (if any shall be) between the said Governors

petuity

mented

Rectors,

mother

are ex

cluded from the

mentation,

sions, &c.

« PreviousContinue »