No. 12. 29 Car. II. c. 8. or may hereafter make divers Reservations beyond the ancient Rent, to the Intent the same should or might become payable to the said Vicars or Curates, in Augmentation of their Endowments, which have been for the most Part enjoyed accordingly: But in regard that such Reservations were not made to the Vicars or Curates; or if they were, no convenient Remedy could be had by such Vicars or 'Curates for the Recovery thereof, and they were not at the Time thereof capable of taking any Interest to their own Use, whereby the said Provisions will depend upon the good Pleasure of the Successors, and may in Time be disappointed:" II. For the Establishment thereof, be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by the Authority of the same, That all and every Augmentation of what Nature soever, granted, reserved, or agreed to be made payable, or intended to be granted, reserved, or made payable, since the said First Day of June, in the Twelfth Year of his said Majesty's Reign, or which shall at any Time hereafter be granted, reserved, or made payable to any Vicar or Curate, or reserved by way of Increase of Rent to the Lessors, but intended to be to or for the Use or Benefit of any Vicar or Curate, by any Archbishop, Bishop, Dean, Provost, Dean and Chapter, Archdeacon, Prebendary, or other Ecclesiastical Corporation, Person or Persons whatsoever, so making the said Reservation out of any Rectory impropriate, or portion of Tithes, belonging to any Archbishop, Bishop, Augmentations Dean, Provost, Dean and Chapter, or other Ecclesiastical Corpora shall continue du- tion, Person or Persons, shall be deemed and adjudged to continue on which they are and be, and shall for ever hereafter continue and remain, as well reserved and after during the Continuance of the Estate or Term upon which the said ring the Estate up walds. Augmentations were granted, reserved, or agreed to be made payable, as afterwards, in whose Hands soever the said Rectories or portion of Tithes shall be or come; which Rectories or portion of Tithes shall be chargeable therewith, whether the same be reserved again, or not; and the said Vicars and Curates respectively are hereby adjudged to be in the actual Possession thereof, for the Use of themselves and their Successors, and the same shall for ever hereafter be taken, received, and enjoyed by the said Vicars and Curates, and their Successors, as well during the Continuance of the Term or Estate upon which the said Augmentations were granted, reserved, or agreed to be made payable, as afterwards; and the said Vicars and Curates shall have Remedy for the Remedy for the same, either by Distress upon the Rectories impropriate, or portions of Tithes charged therewith, or by Action of Debt against that Person who ought to have paid the same, his Executors or Administrators; any Disability in the Person or Persons, Bodies Politick or Corporate so granting, or any Disability or Incapacity in the Vicars or Curates, to whom, or to or for whose Use or Benefit, the same are granted or intended to be granted; the Statute of Mortmain, or any other Law, Custom, or other Matter or Thing whatsoever, to the contrary notwithstanding. same. Augmentation ex ceeding one Moi of the Rectory not ety of the Value confirmed. III. Provided always, That no future Augmentation be confirmed by virtue of this Act, which shall exceed One Moiety of the clear yearly Value, above all Reprizes, of the Rectory impropriate out of the which the same shall be granted or reserved. IV. And to the End the said Vicars and Curates may the better make appear the Certainty of the said Augmentations; be it enacted. by the Authority aforesaid, That every Archbishop, Bishop, Dean and Chapter respectively, on or before the Nine and Twentieth Day of September next coming, shall cause every Lease or Grant whereon any such Augmentation is made, to be fairly entered in a Book of Augmentation Parchment, to be kept by their respective Registers for that Purpose. No. 12. of the Bishop of the Diocese; for the entering whereof no Fee shall Fee for entering. be paid, nor any Thing demanded, save only a reasonable Reward to dence at Law. the Clerk for entering the same, nor exceeding Five Shillings; which Such Entry how to said Entry being examined by the respective Archbishop, Bishop, or be attested, to be Dean, and by them respectively attested in the said Book to be a true a Record and Evi Copy of the original Lease or Grant, and that the Augmentation in the same was intended for such Use, shall be as a Record; a true Copy whereof, proved by Witnesses to be a true Copy, shall be deemed, taken, adjudged, and expounded to be good and sufficient Evidence in the Law, whereupon the said Vicars and Curates respectively shall and may by Virtue of this Act from Time to Time recover the Benefit of such Augmentation. be entered like V. And be it further enacted by the Authority aforesaid, That Agreements for where any Archbishop, Bishop, Dean and Chapter, or any other Augmentations to Ecclesiastical Corporation or Person whatsoever, upon the renewing wise or granting any Lease or Estate, have made any Agreement for an Augmentation for the Vicar or Curate, and such Augmentation hath for any Time been accordingly paid, although the said Agreement is not expressed or mentioned in the said Lease or Grant, every such Ecclesiastical Person shall cause the Substance of such Agreement to be entered in the said Book, to remain for a Memorial of it to Perpetuity. VI. And be it further enacted, That such Augmentation so entered shall likewise continue, and be for ever hereafter good and available in the Law, for the Benefit of the Vicar or Curate for whom it was intended, and their Successors, as well against the Archbishop, Bishop, or other Ecclesiastical Corporation or Person, who agreed for the same, and his and their Successors, as against every other Person enjoying the said Rectories or Portions of Tithes intended to be charged therewith, in the same Manner, and for which they shall have the same Remedy, as they should or ought to have by Virtue of this Act, if the same had been mentioned and reserved in and by the Lease. VII. And if any Question shall hereafter arise concerning the Validity of such Grants, or any other Matter or Thing in this Act men- to be favoured in tioned and contained, such favourable Constructions, and such further Construction Remedies, if need be, shall be had and made for the Benefit of the Vicars and Curates, as heretofore hath been had and made, or may be had for other charitable Uses, upon the Statutes for charitable Uses. Augmentations charitable Uses. mentations to be VIII. Provided always, and be it further enacted by the Autho New I cases withrity aforesaid, That if upon the Surrender, Expiration, or other De- out express Contitermination of any Lease wherein any such Augmentation as aforesaid, nuance of the Aughath been or shall be granted, any new Lease of the Premises, or any ment Part thereof, shall hereafter be made, without express Continuance of the said Augmentation, every such new Lease shall be utterly void to all Intents and Purposes. [A Lease of the Parsonage of Stourton saved.] A Lease of St. Evall, in Cornwall, saved ] No. 13. 1 W. and M. c. 16. 31 Elz. c. 6. 1 William and Mary, c. 16.-An Act that the Simoniacal Promotion of One Person may not prejudice another. WH THEREAS it hath often happened, that Persons Simoniack or Simoniacally promoted to Benefices or Ecclesiastical Livings, have enjoyed the Benefit of such Livings many Years, and sometimes ' all their Life-time, by Reason of the secret Carriage of such Simonia'cal Dealing; and after the Death of such Simoniack Person, another Person innocent of such Crime, and worthy of such Preferment, being presented or promoted by another Patron innocent also of that 'Simoniacal Contract, have been troubled and removed upon Pre⚫ tense of Lapse (or otherwise) to the Prejudice of the innocent Patron in Reversion, and of his Clerk, whereby the Guilty go away with Profit of his Crime, and the innocent succeeding Patron and his • Clerk are punished, contrary to all Reason and good Conscience :' Simoniacal Con- II. For Prevention whereof, be it enacted by the King's and tract where it shall Queen's most Excellent Majesties, by and with the Advice and Connot prejudice. Vin. V. 19, 455, sent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, 2 Haw. P. C. That, after the Death of the Person so Simoniacally promoted, the 389 & 396. Offence or Contract of Simony shall, neither by way of Title in pleading, or in Evidence to a Jury, or otherwise, hereafter be alledged or pleaded, to the Prejudice of any other Patron innocent of Simony, or of his Clerk by him presented or promoted, upon Pretence of Lapse to the Crown, Metropolitan, or otherwise, unless the Person Simoniack or Simoniacally presented. or his Patton, was convicted of such Offence at the Common Law, or some Ecclesiastical Court, in the Life-time of the Person Simoniack or Simoniacally promoted or presented; any Law or Statute to the contrary notwithstanding. &c. fide by Simonist good. III. And be it also provided, enacted, and declared by the AuLease made bona thority aforesaid, That no Lease or Leases, really and bona fide made, or hereafter to be made, by any such Person as aforesaid, Simoniack or Simoniacally promoted to any Deanery, Prebend, or Parsonage, or other Ecclesiastical Benefice or Dignity, for good and valuable Consideration, to any Tenant or Person not being privy unto, or having Notice of such Simony, shall be impeached or avoided for or by Reason of such Simony, but shall be good and effectual in Law, the said Simony notwithstanding. No. 14. 1 W. and M. c. 26. 3 Jac. I. c 5. 1 William and Mary, c. 26.-An Act to vest in the Two Universities the Presentations of Benefices belonging to Papists. W THEREAS in and by a certain Clause mentioned in One Act of Parliament made in the Third Year of the Reign of King JAMES the First, intituled, An Act to prevent and avoid Dangers which may grow by Popish Recusants, it is enacted, That every Person or Persons that is or shall be a Popish Recusant Convict, during the Time that he shall be or remain a Recusant, shall, from and after the End of that present Session of Parliament, be utterly disabled to present to any Benefice with Cure, or without Cure, Prebend, or any other Ecclesiastical Living, or to collate or nomi No. 14. nate to any Free School, Hospital, or Donative whatsoever, and from 1 W. & M. c. 26. 'the Beginning of the said Parliament shall likewise be disabled to grant any Avoidance to any Benefice, Piebend, or other Ecclesiasti'cal Living:' bled to present, II. Be it enacted by the King's and Queen's most Excellent Ma- Persons refusing jesties, by and with the Advice and Consent of the Lords Spiritual and Declaration disaTemporal, and Commons, in this present Parliament assembled, and &c. Anne, c. 15. by Authority of the same, That every Person who shall refuse or neglect to make, repeat, and subscribe the Declaration mentioned in One Act of this present Parliament, intituled, An Act for the better secaring the Government by disarming Papists, and reputed Papists, when the same shall be tendered to such Person by any Two or more Justices of the Peace, as in the said Act is enacted, or who shall upon Notice given, as in the said Act is directed, refuse or forbear to appear before them for the making, repeating, and subscribing thereof, and shall thereupon have his Name, Surname, and usual Place of Abode certified and recorded at the General Quarter Sessions to be holden for the Shire, Riding, Division, or Liberty, for which such Two Justices shall be Justices of the Peace, by the Clerk of the Peace, or Town Clerk, as in the said Act is appointed; every such Person so recorded shall be, from and after the Time of such Record made, adjudged, taken, and esteemed disabled to make such Presentation, Colation, Nomination, Donation, or Grant of any Avoidance of any Benefice, Prebend, or Ecclesiastical Living, as fully and amply as if such Person were a Popish Recusant Convict by the Laws or Statutes of this Realm; any Law, Statute, or Usage to the contrary notwith standing: And that the Chancellor and Scholars of the University of Universities shall Oxford, and the Chancellor and Scholars of the University of Cam- present, &c. bridge, by what Name or Names soever they, or either of them, are incorporated, shall respectively have the Presentation, Nomination, Collation, and Donation of and to every such Benefice, Prebend, or Ecclesiastical Living, School, Hospital, and Donative, set, lying, and being in the respective Counties, Cities, and other the Places and Limits in the said Act of the Third of King James mentioned, as in and by the said Act is directed and appointed, so often as any of them shall become void, according to the Limitations, Directions, and Provisions in that Behalf limited, enacted, and provided. Trustees disabled. 3 Jac. I, c. 5. c. 14. sec. 1. III. And be it further enacted by the Authority aforesaid, That where any Person or Persons are or shall he seised or possessed of any Advowson, Right of Presentation, Collation, or Nomination to any such Ecclesiastical Living, Free School, or Hospital as aforesaid, in Trust for any Papist or Popish Recusant, who shall be convicted or disabled, according to the trae Intent and Meaning of the said Statute, made in the Third Year of the Reign of the said King James the First, Enlarged as to Paor by this present Act, every such Person and Persons so seised and pists not convict, possessed in Trust for any Papist or Popish Recusant Convict or dis- by 18 Annæ, st. 9, abled, shall be and are hereby adjudged to be disabled to present, nominate, or collate to any such Ecclesiastical Living, Free School, or Hospital, or to grant any Avoidance thereof; and their and every of their Presentations, Nominations, Collations, and Grants, shall be null and void to all Intents and Purposes whatsoever; and the Chancellors and Scholars of the said respective Universities as aforesaid, upon every Avoidance, shall have the Presentations, Nominations, and Collations, to such Ecclesiastical Livings, Free Schools, and Hospitals, in such Manner as they should have the same, in Case such Recasant convict or disabled were seised or possessed thereof. Penalty upon IV. And in case any Trustee or Trustees, or Mortgagee, or Trustees presentGrantee of any Avoidance, hereafter present, nominate, or collate, or ing without Notice No. 14. cause to be presented, nominated, or collated any Person to any such 1 W. & M. c. 26. Ecclesiastical Living, Free School, or Hospital, whereof the Trust shall be for any Recusant convict or disabled, without giving Notice of the Avoidance in Writing to the Vice Chancellor for the Time being of the University, to whom the Presentation, Nomination, or Collation shall belong, according to the true Intent of this Act, within Three Months after the Avoidance shall happen, such Trustee or Trustees, Mortgagees or Grantees, shall forfeit and pay the Sum of Five Hundred Pounds, to the said respective Chancellors and Scholars of either of the said Universities to whom such Presentation, Nomination, or Collation shall belong, according to the true Intent of this present Act, to be recovered in any of their Majesties' Courts of Record, by Action of Debt, Bill, Paint, or Information, wherein no Essoin, Protection, or Wager of Law, shall be allowed. Person beneficed, void. V. Provided always, That the said Chancellors and Scholars of Presentation of either of the said Universities shall not present or nominate to any Benefice with Cure, Prebend, or other Ecclesiastical Living, any Person as shall then have any other Benefice with Cure of Souls; and if any such Presentation shall be had or made of any such Person so beneficed, the said Presentation shall be utterly void; any Thing in this Act to the contrary notwithstanding. What Absence VI. Provided, That if any Person so presented or nominated to makes Living void. any Benefice with Cure, shall be absent from the same above the Space of Sixty Days in any One Year, that in such Case the said Benefice shall become void. Taking the Oaths purges the Disa bility. Cap 8. W. & M. c. 12. VII. Provided nevertheless, That if any such Person shall present himself before the Justices of the Peace at the General Quarter Sessions to be holden for the County, Riding, Division, or Liberty where his Name was recorded, and shall there in open Court make, repeat, and subscribe the said Declaration, and take the several Oaths contained in one Act of this present Parliament, intituled, An Act for the abrogating of the Oaths of Supremacy and Allegiance, and appointing other Oaths, he shall from thenceforth be discharged of and from the said Disability, and be enabled to make such Presentation, Collation, Nomination, and Donation, and Grant of any Avoidance to any Benefice, Prebend, or Ecclesiastical Living, School, or Hospital, as if this Act had not been made. No. 15. 4 William & Mary, c. 12.-An Act to make Parishioners of the Church United Contributors to the Repairs and Ornaments of the Church to whom the Union is made. WH THEREAS by an Act of Parliament made in the Seventeenth Year of the Reign of King CHARLES the Second, of blessed Memory, Provision was made for the Uniting Churches in Cities and 17 Car II c. 3. Towns Corporate: And forasmuch as it is highly reasonable that Parishioners of Parishes whose Churches are demolished, and either ⚫ before or afterwards united to other Churches, should be Contributors towards the Repairs and other Parochial Charges of such other Church, to which by Virtue of the said Act they are united. II. Therefore be it enacted by the King's and Queen's most Excellent Majesties, by and with the Advice and Consent of the of them down, the Lords Spiritual and Temporal, and Commons, in this present Parlial'arishioners of ment assembled, and by the Authority of the same, That where any pay towards the Churches heretofore have been, or hereafter shall be, united by Virtue Repairs, &c. of of the said Act, and One of the said Churches so united was, at the Time of such Union, or shall afterwards be demolished, that in all 37 H. VIII e 21. If two Churches be united, and one that Church shall the other. |