St. Mary's Parish Act 1749

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ST. MARY’S PARISH ACT 1749

CHAP. XIX.

An Act for dividing the parish of Saint Mary within the city and suburbs of Dublin into two distinct parishes.

The cure become too great:

Church not large enough;

Agreement for a division by patrons, incumbent, and ordinary.

Divided into a parishes from 24 March 1749.

St. Mary and St. Thomas,

17 & 18 C. 2. 7.

WHEREAS the parish of Saint Mary, situate in the city and Suburbs of Dublin, by the late increase of building and inhabitants is become a cure too great to be discharged by one single incumbent; and the parochial church therein is not large enough for the convenient accommodation of the parishioners thereof to hear divine service, and perform religious duties: and whereas the dean and chapter of the cathedral church of the Holy Trinity, Dublin, commonly called Christs-Church, patrons of the said parish of Saint Mary, and the reverend William Fletcher incumbent thereof, by and with the consent of the most reverend Charles, archbishop of Dublin, ordinary of the place, have agreed to the division hereafter mentioned; but such division cannot be made without the aid of an act of Parliament: for remedy therefore of the said inconveniencies, and for establishing the said division, be it enacted by the King’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 authority of the same, That the said parish of Saint Mary shall from the twenty fourth day of March in the year of our Lord one thousand seven hundred and forty nine be divided into two several parishes; and the precinct or compass of ground, of which the same doth now consist, shall from the said twenty fourth day of March one thousand seven hundred and forty nine for ever there-after be two several parishes, to be divided, separated, and distinguished, as herein after mentioned, and be respectively called by the names of the parish of Saint Mary and the parish of Saint Thomas, according to such their division and description after mentioned; each of which shall be separate and independant from the other, and shall each of them by themselves have all parochial rights and privileges as separate and distinct parishes; and that there shall be for each of them a several parochial church, and a rector and minister several and independant from the other, and constant and perpetual succeeding rectors or ministers there for ever, who shall each of them respectively have cure of Souls in the said respective parishes, and have, enjoy, and receive from the inhabitants of their said respective parishes all such ecclesiastical dues, as are now of right or by custom belonging to the rector or minister of Saint Mary aforesaid; and also such sums of money as are already or hereafter shall be allotted, ascertained, or charged for the rector or minister on the several houses, now built or which hereafter shall be built in the said parishes respectively, pursuant to an act of Parliament passed in this kingdom, intituled, An act for provision of ministers in cities, corporate towns, and making the church of Saint Andrews in the suburbs of the city of Dublin presentative for ever; and that there shall be for each of the said parishes church-wardens, a parish-clerk, and other usual parish-officers, in succession for ever, who shall perform the several and respective parish-duties belonging to their respective offices, and have and receive the several and respective profits, benefits, priviledges, and advantages, usually enjoyed, and of right belonging to such respective offices in parishes within the city or suburbs of Dublin.

St. Thomas’s parish.

II. And be it further enacted by the authority aforesaid, That all that part of the present parish of Saint Mary, herein after particularly described, shall from the said twenty fourth day of March one thousand seven hundred and forty nine be the parish of Saint Thomas, and so for ever thereafter be called, deemed, and taken: (that is to say) all those the houses and lands on the east side of Off-Lane, and from the middle of the north end of Off-Lane aforesaid to the middle of that part of Great Britain Street, which is directly over against the middle of Off-Lane, and from such middle part of Great Britain Street thence eastward along Great Britain Street and Summer-Hill, including all the houses and lands on the south side of Great Britain Street and Summer-Hill, that lye eastward of that part of Great Britain Street, which is over against the middle of Off-Lane as aforesaid, and from the south end of Off-Lane Westward along Henry-Street to the House on the south side of that street now inhabited by Sir Quayle Somerville baronet, excluding that house, but including all the houses and ground on the south side of Henry-Street, which lye eastward of the said house, and from the said house southward by the stables belonging to the said Sir Quayle Somerville on the north side of Princes-Street, excluding the said stables, and from thence westward along Princes-Street to the north end of Williams-Lane, and from thence southward along the middle of Williams-Lane to the middle of that part of Abbey-Street, which is over against Williams-Lane aforesaid, including all the houses and ground on the east side of that lane, and from such middle part of Abbey-Street thence eastward along Abbey-Street, as far as the east end of the house inhabited by William Grace on the south side of that street, thence Southward along the east end of that house in a direct line to the middle of the lower Strand-Street, commonly called the Lotts, thence eastward along lower Strand-Street, commonly called the Lotts, as far as the north end of Batchelors-Lane, thence southward along that lane to the river Anna-Liffey, including all the houses and ground on the east side of Batchelors-Lane aforesaid, and all that part of the said present parish of Saint Mary which lies eastward of the bounds of the said parish of Saint Thomas already described.

Dean and chapter of Christ-church, with archbishop’s consent may purchase ground for a church.

The rector

III. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the dean and chapter of the cathedral church of the Holy Trinity Dublin, commonly called Christ-Church, with the consent and approbation of the archbishop of Dublin, for the time being, at any time hereafter to buy, purchase, or take a grant of any piece of ground within the limits of the said parish of Saint Thomas herein before described, for a church and church-yard, in trust for and to the use of the said parish; which Church, when built and consecrated, shall be the parish-church of the said parish; the statute of Mortmain, or any other law or statute to the contrary notwithstanding. And that the reverend John Jebb clerk, doctor in divinity, shall be the present and immediate rector and minister of the said church and parish of Saint Thomas from and after the twenty fourth day of March one thousand seven hundred and forty nine; subject nevertheless to the visitation and power of the ordinary of the diocess, in such manner as the rector of the said present parish of Saint Mary is subject, and no otherwise, and to such canons, rules, and laws ecclesiastical, as ministers or rectors of churches are usually and of right ought to be subject or liable unto.

for chusing Church-Wardens.

IV. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the rector or minister of the said parish of Saint Thomas, and he is hereby required, within, one month after the said twenty fourth day of March one thousand seven hundred and forty nine, upon previous notice given by the said rector in writing ten days before the time thereby appointed for the meeting, to convene the inhabitants of the said parish of Saint Thomas to meet at some convenient place within the said parish; and that it shall and may be lawful for the said rector, and the majority of the inhabitants of the said parish then present, to chuse two persons out of the said inhabitants for church-wardens of the said parish; which two persons, qualifying themselves according to law, shall be church wardens of the said parish from the time of such election and qualifying for one year from the time of such election, and until the Easter next after the end of that year; and that the said rector, church-wardens, and parishioners of the said parish may every year after, at the usual time appointed for chusing church-wardens, elect two church-wardens and other officers for the said parish.

Saint Mary’s,

The Rector,

V. And be it further enacted by the authority aforesaid, That all the rest and residue of the said present parish of Saint Mary, not taken out or appointed for the said parish of Saint Thomas as aforesaid, shall be the parish of Saint Mary, and so for ever after the said twenty fourth day of March one thousand seven hundred and forty nine be called, deemed, and taken; and the parish-church, now in the present parish of Saint Mary, with the church-yard, cemetry, vaults, vestry-house, rooms, buildings, and burying places belonging to the same, shall for ever after the said twenty fourth day of March one thousand seven hundred and forty nine be for the use of the minister and parishioners of the said new parish of Saint Mary for and in order to the service of God there, and for a cemetry, church-yard, or burying place for the parishioners of the said parish; and that William Fletcher clerk, now rector or minister of the present parish of Saint Mary, shall from and after the said twenty fourth day of March one thousand seven hundred and forty nine be the present and immediate rector or minister of the new parish of Saint Mary, hereby constituted; subject nevertheless to the visitation and power of the ordinary of the diocess, in such manner as the rectors of the said present parish have heretofore been, and no otherwise, and to such canons, rules, and laws ecclesiastical, as ministers and rectors of churches are usually and of right ought to be subject and liable unto.

Minister’s Money.

VI. And be it further enacted by the authority aforesaid, That the several rates and taxations for ministers money, already made and settled, or which hereafter shall be made and settled, for the several houses now built, or which hereafter may be built, within the said present parish of Saint Mary, before the division thereof, and which were payable to the minister or rector of the said present parish, shall be rates and taxations payable and to be paid out of such houses in each of the said new parishes to the respective rectors or ministers hereby appointed for such new parishes and their respective successors for ever.

Commissioners for building St.Thomas’s Church.

VII. And be it further enacted by the authority aforesaid, That the chief governor or chief governors and council of this kingdom shall with all convenient speed after the said twenty fourth day of March one thousand seven hundred and forty nine constitute and appoint a certain number, not exceeding seven, of discreet persons, inhabiting in the aforesaid parish of Saint Thomas according to the extent of the said parish, as settled by this act, to be commissioners for erecting the said new church of Saint Thomas, inclosing the church yard, erecting galleries, pulpits, desks, pews, and other necessary ornaments of the said church; who are hereby required, within one month after they shall be so nominated and appointed, to give in an estimate in writing to the said chief governor or governors and council for the time being under the hands of four or more of them of the charges necessary for building and finishing the said new church, and providing such ornaments; which estimate the said chief governor or governors and council may add to, lessen, or alter, and finally adjust and approve of, in such manner as to them shall seem meet; and after such estimate, so given in, has been approved of, the chief governor or governors and council of this kingdom shall nominate and appoint such person or persons, as to them shall seem meet, to take and receive the subscriptions and contributions of such person and persons, bodies politick and corporate, as shall be willing to contribute any thing towards the building and finishing of the said new church, and providing such ornaments as aforesaid and to collect and receive the money so subscribed; of which subscriptions and collections such person or persons, so to be appointed, shall, within three months after their being so appointed, make true return to such chief governor or governors and council, and pay the same according to their direction.

VIII. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the chief governor or governors and council of this kingdom for the time being to remove any such commissioner, as they shall fee cause, and to appoint another person of the said parish of Saint Thomas in the room of every such commissioner, as shall be so removed; and also on the death of any such commissioner to appoint others of the said parish in their room from time to time.

Supervisors.

Treasurer.

IX. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the said commissioners or the major part of them, and they are hereby required, to appoint and return to the said chief governor, or governors and council under their hands, or the hands of four or more of them, the names of nine persons to be supervisors for building and finishing the said new church, and providing such ornaments thereof as aforesaid, and for disbursing and laying out the sum and sums of money to be expended in and about the same, as also for taking and receiving all accounts relating thereunto; which they, and each of them, is and are hereby required to execute accordingly; the said accounts nevertheless to be subject to the inspection and controul of the commissioners aforesaid, or any four of them; and that the said supervisors, or any five or more of them, within twelve months after the said twenty fourth day of March one thousand seven hundred and forty nine, and so once every year until the said church with the ornaments belonging thereto shall be built and provided, shall name one or more person or persons to be treasurer or receiver for the ensuing year, of all such money, as shall be collected for the said work; such treasurer to be approved of by the said commissioners, or any four of them; and the said treasurer shall also pay such sum or sums for the uses aforesaid, as by the said supervisors, or any five or more of them, shall be directed; and the said supervisors shall from time to time make such rules, orders, and directions, for and towards the carrying on the aforesaid work, as to them, or the greatest part of them, shall seem meet and reasonable.

If Subscription deficient,

By Sale of Pews.

For 14 Years.

X. And be it further enacted by the authority aforesaid, That if the voluntary subscriptions and contributions, which shall be made for the building and finishing of the said church, and providing such ornaments thereof as aforesaid, shall not be sufficient for that purpose, then and in such case in order to supply such deficiency it shall and may be lawful to and for the church wardens of the said parish of Saint Thomas for the time being with the consent of the said commissioners, or any four of them, having given publick and previous notice of their meeting, to sell and convey to any Protestant inhabitant or inhabitants of either of the said parishes of Saint Mary or Saint Thomas, such and so many of the pews or seats, to be made in the said church of Saint Thomas, as shall be sufficient for that purpose; the said pews or seats to be held and enjoyed by such purchaser or purchasers, and his, her, or their assigns, being inhabitants of either of the said parishes and protestants, for the term of fourteen years, to be computed from the time of the consecration of the said church, and from the end of such term until the same shall be disposed of in manner herein after mentioned; and that the purchase-money, agreed on for every such sale, shall be paid by the respective purchaser or purchasers into the hands of the treasurer for the time being, to be appointed as aforesaid; otherwise such sale shall be void; and such of the pews or seats to be made in the said church, as shall remain unsold as aforesaid at the time of the consecration of the said church, shall and may be disposed of at any time thereafter by the minister and church wardens, and majority of the inhabitants of the said parish of Saint Thomas in vestry assembled, in such manner, and to such uses, as to them shall seem meet.

XI. And be it further enacted by the authority aforesaid, That if any pew or seat in the said church, which shall be told as aforesaid, shall at any time after the end of fourteen years, to be computed from the time of the consecration of the said church, be held and enjoyed by any person or persons, who shall not then be an inhabitant or inhabitants of the said parish of Saint Thomas, then and in such case it shall and may be lawful to and for the minister and church wardens, and majority of the inhabitants of the said parish of Saint Thomas in vestry assembled, and they are hereby required, by and with the consent of the lord archbishop of Dublin for the time being, to sell and convey every such pew or seat, so held and enjoyed, to any protestant inhabitant or inhabitants of the said parish of Saint Thomas for any sum, not less than the sum which shall have been paid for the same to the said treasurer by the original purchaser thereof; the money arising by such sale to be paid by the church-wardens to such original purchaser, his or her executors or administrators, or his, her, or their assigns.

Vestries, &c.

XII. And be it further enacted by the authority aforesaid. That the rector or minister, and the parishioners of each of the said parishes shall and may hold vestries, and make by-laws, rules, and orders for the regulation and ordering of their respective parishes, reparations of the said parish-churches, from time to time, and all matters incident to parishes according to course, and as any other parishes of and in the city of Dublin or elsewhere may or can do; which shall have the same, and no greater, force and effect in law, as by-laws, rules, and orders, made in such other parishes have or ought to have.

Patronage and Presentation.

XIII. And be it further enacted by the authority aforesaid, That the right of patronage of the said rectories, and of presentation to the said two churches on the avoidance of each of them respectively by the death, cession, resignation, or removal of the respective incumbents, hereby appointed for the same, or their successors respectively, shall belong unto the said dean and chapter of the cathedral church of the Holy Trinity, Dublin, commonly called Christ Church, and their successors for ever, in such manner as the nomination or presentation to the rectory of the present parish of Saint Mary did belong to them, and no otherwise.

Remedy for Arrears.

XIV. And whereas there may be several sums of money due and in arrear to the said William Fletcher from several of the parishioners of the said present parish of Saint Mary, at the time when the said division thereof shall take place (that is to say) on the twenty fourth day of March one thousand seven hundred and forty nine, for and on account of tythes, ministers money, or other ecclesiastical dues, payable to him as rector, or minister of the said present parish: be it further enacted by the authority aforesaid, That the said William Fletcher, his executors or administrators, notwithstanding the said division of the said present parish of Saint Mary, shall and may have and maintain such remedy for recovery of all such arrears, as if this act had not been made.

XV. Provided always, and be it further enacted by the authority aforesaid, That the said William Fletcher shall not have any right, title, or interest whatsoever, of, in, or to, any tythes, ministers money, or other ecclesiastical dues whatsoever, that shall arise or become due in the said parish of Saint Thomas from and after the said twenty fourth day of March one thousand seven hundred and forty nine.

First Fruits.

XVI. And be it further enacted by the authority aforesaid, That the sum of four pounds, payable for the first fruits of the said present parish of Saint Mary, shall be paid and born by the said parishes in manner and according to the proportions following, viz. the sum of three pounds, part thereof, by the minister or rector of the said new parish of Saint Mary for the time being; and the sum of one pound, residue of the said sum of four pounds, by the minister or rector of the parish of Saint Thomas for the time being.