Augmentation of Benefices Act 1677

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.