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

CURACIES.

In a large fenfe, all Benefices with Cure of Souls were call'd 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 reprefents the Incumbent, and officiates in his ftead: His Office or Bencfice (for fo his Salary or Quota fettled on him by the Incumbent or Bi fhop, is fometimes call'd) is ftil'd a Curacy.

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

If the Bifhop affign the Salary, the Curate's moft effectual Remedy for his Pay, is, to apply himfelf to the Ecclefiaftical Court; for there, in default of Payment, a Sequeftration may be ferv'd on the Benefice; but if the Curate have no Licenfe, he cannot fue in that Court.

However, if he be obliged to fue for his Salary at Common Law, where 'tis fufficient to prove an Agreement betwixt himself and the Incumbent, yet he may be call'd upon to prove that he fubfcribed 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 Subfcriptions and De

clara.

clarations as that Act requires, under pain of lofing their Places, and being imprison❜d three Months without Bail.

He who is Curate to a Pluralift in that Benefice from which the Incumbent is for the most part abfent, has the Privilege of Leafing that Benefice referv'd to him only, by 13 Eliz. c. 20. but he forfeits his Leafe, if he abfent forty Days from his Cure.

Dr. Watfon will not allow, that a benefic'd Clergyman can ferve his own Church, and at the fame time be Curate to another; or, which is the fame thing, that any one can ferve two Cures in Perfon, 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, anfwer all his Arguments; I mean that great Law of Neceffity: For one quarter (I had almoft faid half) of the Churches in England, are not of themfelves fufficient to maintain their proper Curate, or Minifter; and fuch Churches must be ferv'd by halves, or not at all: and the 48th Canon, empowers the Bishop to allow of this in cafe the Church be poor.

Thefe Curates may be plac'd and difplac'd at the Bishop's Difcretion, without any Procefs at Law.

PERPETUAL CURATES.

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

were

were oblig'd to maintain Curates for performi Divine Offices. While thefe Impropriations we in the Hands of Monks, and other Ecclefiaftic Perfons, and Bodies, the Bifhop had Power afcertain, increafe or leffen the Salaries of the Curates, as well as others: nay, he had a farth Power of augmenting Vicarages endow'd, if faw occafion; nor is there any reafon to doub but he has the fame Power ftill. See Wat p. 140, 305. and Kennet of Impropriations.

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

But thofe Curates are alfo licensed by the B fhop, and I am affur'd, that they run in the fam Form, at least in many Places, with the Licenfe of other Curates, and particularly, ad noftru duntaxat Beneplacitum duratura; and yet, fo diftinction's fake, these are call'd Perpetual Cu rates; and indeed, whatever Power the Bishop have in removing fuch Curates at Pleasure, ye 'tis seldom or never made use of.

An

* Archbishop Chichley, to render the Pro curement of an Augmentation more easy to th Vicar, made a Conftitution in Convocation, 1439 whereby all Judges, and Officers Ecclefiaftica are obliged to act in behalf of the Vicar gratis and without delay, in a fummary Manner; and to take care that every Vicar have at least twelv Marks (a great Sum in thofe Days) affign'd bin for his Portion, if the whole Benefice be worth Jo much.

And by an Act of the laft Parliament, this Power is declared to be in the Bishop; fo that when any Incumbent nominates a Curate to him, or if it appear to the Bishop, that any Curate has not a fufficient Salary, the Bishop may, under Hand and Seal, appoint his Stipend, and the times of paying it. The Stipend is not to exceed 50l. per Annum, nor to be lefs than 20. The Bishop may alfo determine any Difference between Incumbent and Curate, in a fummary way: And may, upon the Incumbent's refufing to pay the Stipend, fequefter the Benefice, till Payment be made. The A&t does not feem to touch Impropriators, nor fuch Incumbents as refide on their Benefices, tho' they serve their Cures by others.

Many Curates and Vicars, especially in thofe Benefices which are impropriated by Churchmen, have had good Augmentations made by the Favour of the Impropriators fince the Reftauration; and thefe Augmentations are fecur'd to them and their Succeffors, by Stat, 29 Car. II. c. 8. and these Vicars and Curates are by that Aft declar'd to be in the actual Poffeffion of thefe Augmentations. Now, fince thefe Curates have a Right by Statute to these Salaries, it fhould feem 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 Ecclefiaftical Benefices; but this Statute reaches no Augmentations, but thofe made fince the firft of June A. D. 1660. 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 Portion of Tythes fettled on them, which are now like wife by this A&t, made their Property; bu before this Act, paying their Tythes to th Curate, was no Difcharge against the Impro priator: For the Curate cannot prefcribe again bis Mafter, as the Law-Books exprefs it. Godo cap. 32. Sect. 56.

Any Curate or Incumbent, where there is Parochial Library, muft, within fix Months a ter his Admiffion, give a Lift of the Books, t the proper Ordinary, and acknowledge the Po feffion of the Books under Hand. Stat. 7 Ann C. 14.

CHA P. X.

Of Pluralities and Dispensations.

THE

HE Popish Canon Law forbad any Clergy man to hold more Dignities, or Benefices with Cure, than one, at the fame time; yet not with an Intent to hinder, or take away this Pra tice, but to oblige the Pluralift to let the Pop fhare with him in his Profits; for the Clerk wa allow'd to hold as many Dignities, or Benefice as he could get, with the Pope's Difpenfation which was eafily had from his Legate or Nun cio, refiding here, if Money were not wanting.

Both by that Law, and our prefent Statute Law, Prebends and Rectories, where there is a Vicar endow'd, were, and are reputed Compati

bl