All augmented churches, &c. shall be perpetual benefices, and the ministers shall be bodies politick, and shall be enabled to take in perpetuity such lands, &c. Impropriators, &c. of augmented churches, &c. and the rectors, &c. of the mother-churches, are excluded from the benefit of such augmentation, and shall allow the usual pensions, &c. to the ministers officiating.
And whereas her said late Majesties 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 . . . F4 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 Majesties gracious intentions, and in many places it would be in the power of the impropriator, . . . F4, 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 employ 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: all such churches, curacies, or chapels which shall at any time hereafter be augmented by the [F5Church Commissioners] , shall be and are hereby declared and established to be, from the time of such augmentations, perpetual cures and benefices, and the ministers duly nominated and licensed thereunto, and their successors respectively, shall be and be esteemed in law, bodies politick 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 enabled to take in perpetuity to them and their successors, all such lands, tenements, tythes, and hereditaments as shall be granted unto or purchased for them respectively by the said [F5Church Commissioners] , or other persons contributing with the said governors as benefactors, any law or statute to the contrary notwithstanding; and that the impropriators or patrons of any augmented churches . . . F4, for the time being, and their heirs, and the rectors and vicars of the mother churches whereto any such augmented curacy or chapel doth appertain, and their successors, shall be and are hereby utterly excluded from having or receiving, directly or indirectly, any profit or benefit 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 and chapel respectively, such annual and other pensions, salaries, and allowances which by antient custom, or otherwise, of right, and not of bounty, ought to be by them respectively paid and allowed, and which they might by due course of law before the making of this Act have been compelled to pay or allow to the respective ministers officiating there, and such other yearly sum or allowance as shall be agreed upon (if any shall be) between the said governors and such patron or impropriator, upon making the augmentation, and the same are and shall be hereby perfectly vested in the ministers officiating in such augmented church or chapel respectively, and their respective successors.
No rectors, &c. &c. of mother-churches to be discharged from cure of souls.
Provided always, that no such rector or vicar of such mother church, or any other ecclesiastical person or persons, having cure of souls within the parish or place where such augmented church or chapel shall be situate, or his or their successors, shall hereby be divested or discharged from the same; but the cure of souls, with all other parochial rights and duties (such augmentation and allowances to the augmented church or chapel as aforesaid only excepted) shall hereafter be and remain in the same state, plight, and manner as before the making of this Act, and as if this Act had not been made.
Augmented cures remaining void six months shall lapse to the bishop, &c.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7the right of nomination to such augmented cure may be granted or recovered, and the incumbency thereof may and shall cease and be determined, in like manner and by the like methods as the presentation to or incumbency in any vicarage presentative may now be respectively granted, recovered, or determined.
Lands, &c. allotted to any church, &c. by deed under the governors seal, shall go in succession, &c.
And to the end that churches and chapels may at all times be capable of receiving augmentations for the maintenance of the ministers thereof, if the [F15Church Commissioners], shall by any deed or instrument in writing under their common seal, allot or apply to any church or chapel any lands, tythes, or hereditaments, arising from the said bounty of her said late Majesty, or from private contribution or benefaction, or from all or any the ways aforesaid, and shall declare that the same shall be for ever annexed to such church or chapel, then such lands, tythes, and hereditaments shall from thenceforth be held and enjoyed, and go in succession with such church and chapel for ever; and such augmentation so made shall be good and effectual, to all intents and purposes whatsoever, whether such church or chapel, for which such augmentation is intended, be then full or vacant of an incumbent or minister, . . . F16