Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Reasons for passing this Act.
Augmentations payable since 1st June, 12 Car. II. and hereafter, to continue during the Estate upon which they are reserved, and afterwards; Remedy for the same.
Whereas diverse Arch Bishops Bishops Deanes and Chapters and other Ecclesiasticall persons in obedience to his Majestyes Letters beareing date the first day of June in the twelfth yeare of his said Majestyes Raigne and out of a pious care to improve poore Vicarages and Curacies where the endowment thereof was found too small to afford a competent maintenance to those that serve the Cure have since his Majestyes happy Returne upon their renewing of Leases of Rectories or Tythes impropriate or appropriate made or may hereafter make diverse Reservations beyond the auntient Rent to the intent the same should or might become payable to the said Vicars or Curates in augmentation of their endowments which have beene for the most part enjoyed accordingly But in reguard that such Reservations were not made to the Vicars or Curates or if they were noe convenient remedy could be had by such Vicars or Curates for the recovery thereof and they were not at the time thereof capeable of takeing any Interest to their owne use whereby the said Provisions will depend upon the good pleasure of the Successors and may in time be disappointed. For the establishment thereof Bee it enacted by the Kings most excellent Majestie by and with the advice and consent of the Lords Spirituall and Temporall and the Commons in this present Parlyament 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 yeare of his said Majestyes Raigne 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 benefitt of any Viccar or Curate by any Arch-Bishop Bishop Deane Provost Deane and Chapter Arch-Deacon Prebendary or other Ecclesiasticall Corporation person or persons whatsoever soe makeing the said Reservation out of any Rectory Impropriate or Portion of Tythes belonging to any Arch-Bishop Bishop Deane Provost Deane and Chapter or other Ecclesiasticall Corporation person or persons shall be deemed and adjudged to continue and be and shall for ever hereafter continue and remaine as well dureing the continuance of the Estate or Terme upon which the said Augmentations were granted reserved or agreed to be made payable as afterwards in whose hands soever the said Rectories or Portion of Tythes shall be or come, which Rectories or Portion of Tythes shall be chargeable therewith whether the same be reserved againe or not, and the said Vicars and Curates respectively are hereby adjudged to be in the actuall 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 dureing the continuance of the Terme 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 same either by Distresse upon the Rectories Impropriate or Portions of Tythes 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 Bodyes Politicke or Corporate soe granting or any disability or incapacity in the Vicars or Curates to whome or to or for whose use or benefitt the same are granted or intended to be granted, The Statute of Mortmaine or any other Law, Custome or other matter or thing whatsoever to the contrary notwithstanding.
II. Augmentations exceeding one Moiety of yearly Value not confirmed.
Provided alwayes That noe future Augmentation be confirmed by vertue of this Act which shall exceede one moyety of the cleare yearely value above all Reprises of the Rectory Impropriate out of the which the same shall be granted or reserved.
III. Augmentation Leases where to be entered.
Fee for entering. Such Entry how to be attested ; to be a Record and Evidence at Law.
And to the end the said Vicars and Curates may the better make appeare the certainty of the said Augmentations Bee it enacted by the authoritie aforesaid That every Arch-Bishop Bishop Deane and Chapter respectively on or before the nine and twentyeth Day of September next comeing shall cause every Lease or Grant whereon any such Augmentation is made to be fairely entred in a Booke of Parchment to be kept by their respective Registers for that purpose. And every Deane Arch-Deacon Prebendary or other Ecclesiasticall person respectively shall cause every Lease or Grant whereon any such Augmentation hath beene made by himselfe his Predecessor or Predecessors to be entred in the said Booke to be kept by the Register of the Bishop of the Diocesse, for the entering whereof noe Fee shall be paid nor any thing demanded save onely a reasonable Reward to the Clerke for entering the same not exceeding five shillings, which said Entry being examined by the respective Arch-Bishop Bishop or Deane and by them respectively attested in the said Booke to be a true Copy of the Originall 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 vertue of this Act from time to time recover the benefitt of such Augmentation.
IV. Agreements for Augmentations to be entered likewise.
And bee it further enacted by the authoritie aforesaid That where any Arch-Bishop Bishop Deane and Chapter or any other Ecclesiasticall Corporation or Person whatsoever upon the renewing 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 beene accordingly paid although the said Agreement is not expressed or mentioned in the said Lease or Grant every such Ecclesiasticall Person shall cause the substance of such Agreement to be entred in the said Booke to remaine for a memoriall of it to perpetuity.
V. Such Augmentation so entered to continue for the Benefit of Vicar and Curate as if reserved by the Lease.
Augmentations to be construed as charitable Uses.
And bee it further enacted That such Augmentation soe entred shall likewise continue and be for ever hereafter good and available in the Law for the benefitt of the Vicar or Curate for whome it was intended and their Successors as well against the Arch-Bishop Bishop or other Ecclesiasticall 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 Tythes 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 vertue of this Act if the same had beene mentioned and reserved in and by the Lease. And if any question shall hereafter arise concerning the validity of such Grants or any other matter or thing in this Act mentioned and contained such favourable constructions and such further remedy if need be shall be had and made for the benefitt of the Vicars and Curates as heretofore have beene had and made or may be had for other charitable Uses upon the Statutes for charitable Uses.
VI. New Leases without express Continuance of the Augmentations, void.
Provided alwayes and bee it further enacted by the authoritie aforesaid That if upon the Surrender Expiration or other Determination of any Lease wherein any such Augmentation as aforesaid hath beene or shall be granted any new Lease of the Premisses or any part thereof shall hereafter be made without expresse continuance of the said Augmentation every such new Lease shall be utterly void to all intents and purposes.
VII. Proviso for a Lease of the Parsonage of Stourton.
[Provided alwayes That this Act or any thing therein contained shall not extend or be construed to invalidate alter or make void one Lease beareing date the nineteenth of October one thousand six hundred seaventy and six made by the Deane and Chapter of Yorke of the Parsonage and Tythes of Stourton in the County of Nottingham wherein there is an Augmentation of six and thirty pounds per annum reserved and made due and payable to the Vicar of Stourton aforesaid but that the said summe of six and thirty pounds be alwayes paid to the Vicar and his Successors accordingly, Any thing in this Act contained to the contrary in any wise notwithstanding. (fn. 1) ]
VIII. And for a Lease of St. Evall in Cornwall.
[Provided That this Act or any thing therein contained shall not extend or be construed to invalidate alter or make void one Lease lately made by the Deane and Chapter of Exon unto Arthur Sprey Esquire of the Tithesheafe of the Parish of Saint Evall in the County of Cornwall whereon there is an Augmentation of twenty pounds per annum already made due and payable to the Vicar of the said Parish dureing the said Lease but that the said summe of twenty pounds be alwayes paid to the Vicar and his Successors accordingly Any thing in this Act contained to the contrary in any wise notwithstanding. (fn. 1) ]