V. No. 4. Stat. G. 3. c. 41. enjoy the Farm against the Tenants in Tail; and of an PART I. Act, passed in the first year of the reign of her late Majesty CLASS Queen Elizabeth, intituled An Act giving Authority to the Queen's Majesty, upon the Avoidance of any Archbishop or Bishop, to take into her Hands certain of the Temporal 39 and 40 Possessions thereof, recompensing the same with Parsonages impropriate, and Tithes; and of another Act, passed in the demises of thirteenth year of the same Queen, intituled Fraudulent the specific Deeds made by Spiritual Persons, to defeat their Successors be taken to of Remedy for Dilapidations, shall be void, &c. and of an- be the another Act, passed in the fourteenth year of the reign of the cient rents same Queen, intituled An Act for the Continuation, Ex- within the planation, perfecting, and enlarging of divers Statutes. 32 Hen. 8. c. 28. 1 Eliz. c. 19. 13 Eliz. c. 10. and 14 Eliz. c. 11. meaning of whole of such pre be demised in parts, the aggregate served shall III. Provided also, That where the whole of any such Where the honours, castles, manors, messuages, lands, tithes, tenements, or other hereditaments, accustomably demised by mises shall one lease, shall be demised in parts by several leases, after in future the passing of this Act, the aggregate amount of the several rents which shall be reserved by such separate leases be not less than the old accustomed rent or rents theretofore re-rents reserved by such entire lease; and that where a part only not be less shall be so demised by any such separate lease, and the re- than the old sidue shall be retained in the possession of the lessor or les- accustomed sors, the rent or rents to be reserved by such separate lease rent, and or leases, shall not be less in proportion to the fine or fines portion to be received on granting such lease or leases, than the rent where a or rents accustomed to be reserved for the whole of the said part shall premises, was in proportion to the fine received on granting in possesthe last entire lease. sion by the lessor. so in pro be retained No greater IV. Provided also, That no greater proportion of the accustomed rent be reserved by any separate lease hereby proportion confirmed or allowed to be granted, than the part of the of the acpremises thereby severally demised will reasonably bear and customed afford a competent security for. rent shall be reserved have been by any separate lease than the part of the premises demised will bear. V. Provided also, That where any specific thing, incap- Where any able of division or apportionment shall have been reserved specific or made payable to the lessor or lessors, his or their heirs or thing shall successors, either by way of rent, or by any covenant or reserved by agreement contained in any such entire lease, the same may the lessor, be wholly reserved and made payable out of a competent charged on it may be part of such lands or tenements demised by any such several a compelease as aforesaid; and in case, in any lease already granted, tent part and intended hereby to be confirmed, any such provision of the preshall appear to have been made for the payment and deli mises, &c. V. No. 4. PART 1. very of any such sum or sums of money, stipends, augCLASS mentations, or other things as aforesaid, the same shall be deemed and taken to have been lawfully made, in case the lands and tenements charged therewith shall be of a greater 39 and 40 annual value than the payment or other things so charged, exclusive of the rent or other annual payment reserved to the lessor or lessors. G. 3. c. 41. No lease VI. Provided further, That nothing herein contained confirmed shall extend to authorize or confirm any lease whereon no whereon annual rent is or shall be reserved to the lessor or lessors, rent to the his or their successors or assigns. no annual lessor is reserved. reservation by any Not to au- VII. Provided also, and be it further enacted, That this thorize the Act, or any thing herein contained, shall not authorize the of any rent reservation or payment of any rent or rents upon any such on any such several lease made or to be made under authority of this lease made Act, by any Master, Provost, President, Warden, Dean, Master, Governor, Rector, or Chief Ruler of any college, cathedral &c. of any church, hall or house of learning, in the Universities of college in Oxford and Cambridge, or by the Warden or other Head Officer of the colleges of Winchester and Eton, in any other &c. in any manner or proportions than is required by an Act passed in other man the eighteenth year of the reign of her said late Majesty required by Queen Elizabeth, intituled An Act for the Maintenance of 18 El. c. 6. the Colleges in the Universities, and of Winchester and Eton. the Uni versities, ner than is Where pay been re served to made in leases for the future VIII. Provided also, That where any such accustomably ments have entire leases as aforesaid shall have usually contained covenants on the part of the lessee or lessees for the payment or Vicars, &c. delivery, or shall have in any other manner subjected or other than charged such lessee or lessees to or with the payment or dethe lessors, livery, of any sum or sums of money, stipend, augmentation, provision shall be or other thing, to or for the use of any Vicar, Curate, Schoolmaster, or other person or persons, other than and besides the lessor or lessors, and his or their heirs or succespayment sors, all or any such leases as shall hereafter be granted of thereof out the same lands or tenements in severalty as aforesaid, shall of premises and may lawfully provide for the future payment and delitimes the very of such sum or sums of money, stipends, augmentaannual tions, or other things, by and out of any part or parts of clusive of the lands or tenements accustomably charged therewith, not being of less annual value than three times the amount of the payment so to be charged thereon, exclusive of the proportion of rent or other annual payments to be reserved to the lessor or lessors. of three value, ex the rent. CLASS VI. STATUTES RELATING TO AUGMENTATIONS. Anno 2, 3 ANNÆ, Cap. 11. An Act for the making more effectual her Majesty's gracious Intentions for the Augmentation of the Maintenance of the poor Clergy, by enabling her Majesty to grant in Perpetuity the Revenues of the First Fruits and Tenths; and also for enabling any other Persons to make Grants for the same purpose. PART I. No. 1. Stat. 2 & 3 Anne, c. 11. WHEREAS at a Parliament holden in the six and 26 Hen. 8. twentieth year of the reign of King Henry the Eighth, the c. 3. first fruits, revenues, and profits for one year, upon every nomination, or appointment to any dignity, benefice, office, or promotion spiritual, within this realm, or elsewhere within the said King's dominions, and also a perpetual yearly rent or pension, amounting to the value of the tenth part of all the revenues and profits belonging to any dignity, benefice, or promotion spiritual whatsoever, within any diocese of this realm, or in Wales, were granted to the said King Henry the Eighth, his heirs and successors; and divers other Statutes have since been made touching the first fruits and annual tenths of the Clergy, and the ordering thereof: and whereas a sufficient settled provision for the Clergy, in many parts of this realm, hath never yet been made, by reason whereof divers mean and stipendiary Preachers are in many places entertained to serve the cures, and officiate there, who depending for their necessary maintenance upon the good-will and liking of their hearers, have been, and are thereby under temptation of too much complying and suiting their doctrines and teaching to the humours rather than the good of their hearers, which hath been a great occasion of faction and schism, and contempt of the Ministry and forasmuch as your Majesty, taking into your princely and serious consideration the mean and insufficient maintenance belonging to the Clergy in divers parts of this your kingdom, hath been most graciously pleased, out of your most religious and tender concern for the Church of England (whereof your Majesty is the only supreme Head on earth) and for the poor Clergy thereof, not only to remit the arrears of your tenths due from your poor Clergy, but also to declare unto your most dutiful and loyal Commons your royal pleasure and pious desire, that the whole revenue VI. PART I. arising from the first fruits and tenths of the Clergy might CLASS be settled for a perpetual augmentation of the maintenance of the said Clergy, in places where the same is not already Stat. 2 & 3 sufficiently provided for: we your Majesty's most dutiful Anne, c.11. and loyal subjects, the Commons of England, in Parliament No. 1. corporation, and settle on them and their suc cessors assembled, to the end that your Majesty's most gracious intentions may be made effectual, and that the Church may receive so great and lasting an advantage from your Majesty's parting with so great a branch of your revenue, towards the better provision for the Clergy not sufficiently provided for; and to the intent your Majesty's singular zeal for the support of the Clergy, and the honour, interest, and future security of the Church, as by law established, may be perpetuated to all ages, do most humbly beseech your Majesty that it may be enacted; and be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the The Queen authority of the same, That it shall and may be lawful for may erect a the Queen's most excellent Majesty, by her letters patents under the Great Seal of England, to incorporate such persons as her Majesty shall therein nominate or appoint, to be one body politic and corporate, to have a common seal, and perpetual succession; and also at her Majesty's will and pleasure, by the same, or any other letters patents, to fruits and grant, limit, or settle, to or upon the said corporation, and tenths, for their successors for ever, all the revenue of first fruits, and tion of the yearly perpetual tenths of all dignities, offices, benefices, mainte- and promotions spiritual whatsoever, to be applied and disposed of, to and for the augmentation of the maintenance the meaner of such Parsons, Vicars, Curates, and Ministers, officiating By 3 Geo. in any church or chapel within the kingdom of England, 1. c. 10. a dominion of Wales, and town of Berwick upon Tweed, where the Liturgy and Rites of the Church of England, as pointed. now by law established, are or shall be used and observed, 1 Anna, st. with such lawful powers, authorities, directions, limitations, and appointments, and under such rules and restrictions, and in such manner and form, as shall be therein expressed; the Statute made in the first year of her said Majesty's reign, intituled An Act for the better Support of her Majesty's Household, and of the Honour and Dignity of the Crown, or any other law to the contrary in any wise notwithstanding. their first augmenta nance of Clergy. collector is to be ap 1. c. 7. All Sta tutes &c. II. Provided always, and it is hereby declared, That all relating to and every the statutes and provisions, touching or confirst fruits cerning the ordering, levying, and true answering and pay PART I. CLASS VI. ment, or qualification of the said first fruits and tenths, or touching the charge, discharge, or alteration of them, or any of them, or any matter or thing relating thereunto, No. 1. which were in force at the time of making this Act, Stat. 2 & 3 shall be, remain, and continue in their full force and effect, Anne, c. 11. and be observed and put in due execution according to the and tenths tenors and purports of the same, and every of them, for to continue such intents and purposes nevertheless, as shall be contained in force. or directed in or by the said letters patents. grant, &c. III. Provided also, That this Act, or any thing therein Act not to contained, shall not extend to avoid, or any way to impeach avoid any or affect any grant, exchange, alienation, or incumbrance heretofore at any time heretofore made, of or upon the said revenues made of of first fruits and tenths, or any part thereof; but that the any the same shall, during the continuance of such grant, exchange, nues. alienation, or incumbrance respectively, be and remain of and in such force and virtue, and no other, to all intents and purposes, as if this Act had not been made. said reve Persons IV. And for the encouragement of such well-disposed persons as shall, by her Majesty's royal example, be moved to contribute to so pious and charitable a purpose, and that such their charity may be rightly applied; be it enacted by the authority aforesaid, That all and every person and persons, having in his or their own right any estate or interest in possession, reversion, or contingency, of or in any lands, tenements, or hereditaments, or any property of or in any goods or chattels, shall have full power, licence, and authority, at his, her, and their will and pleasure, by deed enrolled, in such manner, and within such time, as is directed by the Statute made in the twenty-seventh year of 27 H. 8. c. the reign of King Henry the Eighth, for enrolment of bar- 16. gains and sales, or by his, her, or their last will or testament may give in writing, duly executed according to law, to give and lands, tegrant to, and vest in the said corporation, and their succes-nements, or sors, all such his, her, or their estate, interest, or property in goods, &c. such lands, tenements, and hereditaments, goods and chat-corporatels, or any part or parts thereof, for and towards the aug- tion, mentation of the maintenance of such Ministers as aforesaid, officiating in such church or chapel, where the Liturgy and Rites of the said Church are or shall be so used or observed as aforesaid, and having no settled competent provision belonging to the same, and to be for that purpose applied according to the will of the said benefactor, in and by such deed enrolled, or by such will or testament, executed as aforesaid, expressed and in default of such direction, limitation, or appointment, in such manner as by her Majesty's to the said |