Page images
PDF
EPUB

cars endow'd belonging to them, and in this only Institution to Sine-cures, differs from Inftitution to other Benefices.

CURACIES.

In a large sense, all Benefices with Cure of Souls were call's Cures ; and the officiating Clergyman, whether Incumbent or Substitute, is in the Liturgy and Canons often call'd a Curate.; but vulgarly he is call'd a Curate, who represents the Incumbent, and officiates in his ftead : His Office or Benefice (for so his Salary or Quota settled on him by the Incumbent or Bi. Shop, is sometimes calld) is stild a Curacy.

It concerns Curates to take License from the Bishop himself, not from his Chancellor or other Ordinary; for all Licenses granted by any other but the Bishop, are voidable, if not void. Still, Eccl. Cafes, p. 160.

If the Bishop affign the Salary, the Curate's most effe&tual Remedy for his Pay, is, to apply himself to the Ecclesiastical Court; for there, in default of Payment, a Sequestration may be ferv'd on the Benefice; but if the Curate have no License, he cannot lue in that Court.

However, if he be oblig'd to sue for his Salary at Common Law, where 'tis sufficient to prove an Agreement betwixt himself and the Incumbent, yet he may be call’d upon to prove that he subscribed and declared before his Arch. bishop or Bishop, according to the Act of Uniformity: For not only Lecturers, but all that do preach any Sermon on any Day of the Week, are bound to make their Subscriptions and De

clara

clarations as that Ad requires, under pain of losing their Places, and being imprison's three Months without Bail.

He who is Curate to a Pluralis in that Benefice from which the Incumbent is for the most part absent, has the Privilege of Leasing that Benefice reserv'd to him only, by 13 Eliz. c.20. but he forfeits his Lease, if he absent forty Days from his Cure.

Dr. Watson will not allow, that a benefic'd Clergyman can serve his own Church, and at the fame time be Curate to another ; or, which is the same thing, that any one can serve two Cures in Person, except he be able to read Prayers both Morning and Evening in each Church; and moreover, to preach a Sermon in the Morning every Sunday, or at least to read a Homily in each Church: but there is one Law which will, I think, answer all his Arguments; I mean that great Law of Necessity: For one quarter (I had almost said half) of the Churches in England, are not of themselves sufficient to maintain their proper Curate, or Minister; and fuch Churches muft

be serv'd by halves, or not at all: and the 48th Canon, empowers the Bishop to allow of this in case the Church be poor.

These Curates may be plac'd and displac'd at the Bishop's Difcretion, without any Process at Law.

PERPETU AL CURATES.

But there are many Churches in England, all the Tyrbes and Profits whereofare impropriated, and no Vicarage endow'd. The Impropriators

were salute

[ocr errors]

were oblig'd to maintain Curates for performni Divine Offices. While thefe Impropriationswe in the Hands of Monks, and other Ecclefiaftico Persons, and Bodies, the Bishop had Power 1.7 ascertain, increase or lessen the Salaries of the Curates, as well as others: nay, he had a farth. Power of augmenting Vicarages endow?d, if 2.3 Law occasion*; nor is there any reason to double but he has the same Power still. See Wat 3.47 Po 140, 305. and Kennet of Impropriations.

But since those Impropriations are fallen int the Hands of great Laymen, Bishops have bee ! over-aw'd in this Matter: So that now, in effeld, the Impropriations have these Cures ferv'd, b whom, and at what Rates they please.

But those Curates are also licensed by the Bike shop, and I am assur'd, that they run in the fam Form, at least in many places, with the License and of other Curates, and particularly, ad nofirun duntaxat Beneplacitum duratura; and yet, for diftin&ion's lake, these are calld Perpetual Cuisine rates; and indeed, whatever Power the Bishopth have in removing such Curates at Pleasure, yel 'tis seldom or never made use of.

Ane bei

[ocr errors]
[ocr errors]

* Archbishop Chichley, to render the Promatut curement of an Augmentation more easy to the IT Vicar, made a Constitution in Convocation, 1439. do wbereby all Judges, and Officers Ecclefiaftical are obliged to act in behalf of the Vicar gratis and without delay, in a summary Manner; and to take care that every Vicar have at least twelve lice Marks ( a great Sum in those Days ) afynod bimited for his Portion, if the whole Benefice be worth ro much.

And by an A&t of the last Parliament, this Power is declared to be in the Bishop ; so that when any Incumbent nominates a Curate to hiin, or if it appear to the Bishop, that any Curate has not a fufficient Salary, the Bishop may, under Hand and Seal, appoint his Stipena, and the times of paying it. The Stipend is not to exceed sol. per Annum, nor to be less than 20. The Bishop may also determine any Difference between Incumbent and Curate, in a summary way: And may, upon the Incumbent's refuling to pay the Stipend, fequefter the Benefice, till Payment be made. The A&t does not seem to touch Impropriators, nor such Incumbents as reside on their Benefices, tho' they serve their Cures by others.

Many Curates and Vicars, especially in those Benefices which are impropriated by Church, men, have had good Augmentations made by the Favour of the Impropriators since the Reftauration ; and these Āuginentations are secur’d to them and their Successors, by Stat, 29 Car. II. c. 8. and these Vicars and Curates are by that A& declar'd to be in the actual Pollefion of these Augmentations. Now, since thefe Curates have a Right by Statute to these Salaries, it should seem that they cannot justly be depriv'd of them, but by due Form of Law, as other Incumbents

may ; for by this Statute, these Curacies are made proper Ecclesiastical Benefices; but this Statute reaches no Augmentations, but those made fince the first of June A. D. 1060. and all future Augmentations not exceeding one moity of the clear yearly Value of the Rectories out of which they are granted,

F

Some

Some of these Curates have certain Portions of Tythes settled on them, which are now like. wise by this Aa, made their Property ; but before this Act, paying their Tythes to the Curate, was no Discharge against the Impropriator : For the Curate cannot prescribe again! bis Master, as the Law-Books express it. Godol. cap. 32. Sect. 56.

Any Curate or Incumbent, where there is a Parochial Library, must, within fix Months af. der his Admission, give a List of the Books, to the proper Ordinary, and acknowledge the Pofsession of the Books under Hand. Stat. 7 Ann, 6. 14

CH A P. X.

Of Pluralities and Dispensations.

HE Popish Canon Law forbad any Clergy

man to hold more Dignities, or Benefices, with Cure, than one, at the same time; yet not with an Intent to hinder, or take away this PraEtice, but to oblige the Pluralist to let

the Pope share with him in his Profits; for the Clerk was allow'd to hold as many Dignities, or Benefices as he could get, with the Pope's Dispensation, which was easily had from his Legate or Nun. çio, residing here, if Money were not wanting.

Both by that Law, and our present StatuteLaw, Prebends and Re&ories, where there is a Vicar endow'd, were, and are reputed Compati.

ble

« PreviousContinue »