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ST. ANNE’S PARISH ACT 1707
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CHAP. XXI.
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An Act for dividing the several Parishes of Saint Andrew’s, Saint Nicholas without the Walls, and the united Parishes of Saint. Katherine’s, Saint James, and Saint John’s of Kilmainham, and for making or erecting a new Parish, by the Name of the Parish of Saint Anne, on the Ground lying between Grafton-street and Merrion-street, all situate, lying, and being in or neere the Suburbs, of the City of Dublin.
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After St. Andrew’s shall become vacant, it shall be divided into two several parishes,
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by the names of St. Andrew’s and St. Mark’s,
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separate and independant of each other, with perpetual cures.
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a clerk, &c.
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WHEREAS the vicaridge or parish of Saint Andrew’s is too large for the parish church thereof: 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 authority of the same, That immediately from and after the said vicaridge or parish of Saint Andrew’s shall become vacant by the death, cession, promotion or surrender of the present vicar, minister, and incumbent thereof, John Traverse doctor in divinity, and not before, the said vicaridge or parish of Saint Andrew’s shall be divided into two several and distinct parishes, and that the precinct or compass of ground of which the same doth now consist be and is hereby constituted and made two several vicarages or parishes, divided and distinguished as is herein after mentioned; and from and after the time aforesaid, shall be called by the names of the parish of Saint Andrew’s, and the parish of Saint Mark’s, according to such their division and description as is herein after mentioned, each of which from the time aforesaid, shall be and hereby is made separate and independant of the other, and shall each of them by itself have all parochial rights and priviledges as a separate and distinct vicarage or parish, and that there shall be for each of them a several parochial church, and a vicar or minister several and independant from the other, and constant and perpetual succeeding vicars or ministers there for ever, who shall each of them have the cure of souls in the said respective parishes, and have, enjoy and receive front the inhabitants of their respective parishes, all such ecclesiastical dues as are now of right or by custom belonging to the vicar or minister of Saint Andrew’s aforesaid, and also all such sums of money as are already allotted, ascertained, set forth and charged or hereafter shall be allotted, ascertained, set forth and charged for the vicar or minister on the several houses in the said parishes respectively, pursuant to an act of Parliament lately passed in this kingdom, for provision for ministers in cities and corporate towns, subject nevertheless to the visitation and power of the ordinary of the diocess, and to such other cannons and laws ecclesiastical as vicars and ministers are usually and of right ought to be subject to, and that there shall be for each of the said parishes two church-wardens, a parish clerk, and other usual parish officers in succession for ever, who shall severally perform die several and respective parish duties belonging to their respective offices, and severally have and receive the several and respective profits, benefits, priviledges, advantages and authorities usually enjoyed with and of right belonging to such respective offices in parishes.
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Boundaries of St. Mark’s,
boundaries of St. Andrew’s,
c. 7.
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II. And be it further enacted by the authority aforesaid, That all that part of the said vicarage or parish of Saint Andrew’s, situate, lying and being eastward of College-lane, including the east-side. of the said College-lane, and so on eastward of Fleet-lane, including the east-side of Fleet-lane, and so on eastward of Fleet-alley, or the narrow Lane leading from Fleet-house to the River Liffee, alias Anna-Liffee, including the east side of the said Fleet-alley, and all the particular streets, lanes, places, houses, grounds, strands and lanes on the east-side thereof, now belonging to the said vicarage or parish of Saint Andrew’s, shall be the parish of Saint Mark’s, and so for ever after the time aforesaid, be called deemed and taken. And it is hereby declared and enacted by the authority aforesaid, that all the rest and residue of the said parish of Saint Andrew’s, not hereby before taken out or appointed for the parish of Saint Mark’s, shall remain and be the parish of Saint Andrew’s, and so for ever hereafter be called, deemed and taken, and it shall be presentative as the vicarage of Saint Andrew’s now is, and shall enjoy the same rights and priviledges which it has at present; and the said part of the parish of Saint Andrew’s which shall be taken out and made the parish of Saint Mark’s aforesaid, from the time of its being so taken out and made a distinct parish, by the name of the parish of Saint Mark’s, shall be presentative by the persons named in the said recited act, and as in and by the said recited act is appointed and directed, and shall from thence forward have and enjoy all the rights, priviledges and advantages which the present parish of Saint Andrew’s has or of right ought to have.
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First vicar in one month to summons inhabitants to a vestry to elect, officers, &c.
and yearly after,
and be a body corporate as St, Andrew’s, and rate and assess the several houses, John Hansard’s excepted,
towards building a church,
if voluntary contributions not sufficient, and levy by distress and sale of goods.
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III. And be it further enacted by the authority aforesaid, That the next and first vicar, minister or incumbent of the said parish of Saint Mark, within one month after he is instituted into the said vicarage or parish, is hereby authorized, impowered and required to call together the inhabitants of the said parish to a vestry for choosing church-wardens, synodsmen or sidesmen, and other church officers, as by law or custom are annually chosen in other parishes, and that he the said vicar, minister or incumbent, or his lycensed assistant in the cure of the said parish, and the said inhabitants who shall then meet, shall choose two sit persons for church-wardens, who when so chosen, shall be church-wardens of the said vicarage or parish of Saint Mark’s for one year after, and till next Easter after their being so chosen, and then for ever after yearly, two church-wardens, two synodsmen, alias sydesmen and overseers of the poor shall be chosen as usual in other vicarages or parishes, and that such church-wardens so chosen as aforesaid; and their successors church-wardens of the vicarage or parish of Saint Mark’s, shall be a body corporate in such manner as the church-wardens of Saint Andrew’s now are, and shall be and are hereby impowered to rate and assess the several houses within the said parish of Saint Mark’s, other than the dwelling-house of John Hansard of Lazy-Hill, Esquire, in such manner as they shall think fit, with the consent of the vicar or minister, and the inhabitants of the said parish, or the major part of them, at such meetings as shall be appointed to that purpose for and towards building or erecting a church within the said parish, to be constituted as aforesaid, under the name and title of the church of Saint Mark, if the voluntary contributions that shall be made towards the said building shall fall short and not be sufficient to do it, and to levy the same, together with the necessary charges in levying thereof by distress and sale of the goods so distrayned, the overplus, if any, to be restored to the owner or owners of the said goods.
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Ground given by John Hansard, esq;
vested in the archbishop of Dublin in trust to build a church, &c.
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IV. And whereas the said John Hansard of Lazy-Hill, Esquire, having a field or park all availed in with a brick wall, situate and lying backwards on the fouth side of the said Lazy Hill, between the Glass-house and his the said John Hansard’s garden, hath given the west part of the said field or park towards the east, two hundred and fifty feet, and the full breadth of the said field or park from north to south, containing in the east end of the said ground thus given one hundred and sixty feet or thereabouts, for a church and church-yard, vicarage house and garden for the said parish of Saint Mark’s: be it enacted by the authority aforesaid, That the said west part of the said field or park so set out, and described as aforesaid, be and is hereby vested in the archbishop of Dublin for the time being, and his successors for ever, upon trust nevertheless, and to the intent and purpose that a parish church, vestry house, and other rooms and conveniencies necessary for a church may be built upon the same for the use of the vicar or minister and the parishioners of the said parish of Saint Mark’s for the publick worship of God, and a church-yard, cæmetry or burying place for the use of the said parishioners of the said parish may be walled in and set out, as also that a vicarage house, and plott of ground for a garden, may be set out and appointed as lord archbishop of Dublin for the time being, when such division and appointment shall be made, shall lay out and appoint the same, the said ground thus vested as aforesaid, to be free from all debts, judgments, mortgages, and incumbrances of what kind soever.
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Disposal of seats.
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V. And be it further enacted by the authority aforesaid, That all and every the said inhabitants within the said parish of Saint Mark’s, after there shall be a new church built and finished in the parish of Saint Mark’s, are hereby authorized and impowered to sell and dispose of such seats as they have or respectively shall then have in the aforesaid church of Saint Andrew’s to the church-wardens thereof, and in cafe they refuse to purchase the same for the use of the parish, to any person or persons whatsoever, being inhabitants of the said parish of Saint Andrew’s, to be by them held and enjoyed during their continuance in the said parish Provided always, such purchasers of the seats aforesaid, be of the protestant religion as by law established.
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Not to exonerate vicars of St. Andrew’s from payment of 10l. yearly to the presentor of the cathedral church of St. P. Dublin.
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VI. And be it further enacted by the authority aforesaid, That nothing in this act shall be construed to exonerate or free the vicar of Saint Andrew’s from the yearly payment of ten pounds to the presentor of the cathedral church of Saint Patrick’s Dublin, but that the vicar of Saint Andrew’s for the time being, as well after as before the aforesaid division, shall pay as formerly, to the presentor of the aforesaid cathedral church of Saint Patrick’s Dublin, the said sum of ten pounds yearly for ever, by two equal portions at Christmas and Midsummer day.
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Division of the parish of St. Nicholas into two several parishes by the names of St. Nicholas without the walls, and St. Luke’s.
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VII. And whereas the parish of Saint Nicholas without the walls, is too large for the parish church thereof: be it further enacted by the authority aforesaid, That immediately from and after the said parish shall become vacant by the death, cession, or surrender of the present curate thereof, doctor John Stern, dean of the cathedral church of Saint Patrick’s Dublin, and not before, the said parish of Saint Nicholas without the walls, shall be and is hereby divided into two several and distinct parishes, and that precinct or compass of ground of which the same doth now consist, be and is hereby constituted and made two several parishes, divided and distinguished as is herein after mentioned, and from and after the time aforesaid, shall be called by the names of the parish of Saint Nicholas without the walls, and of the parish of Saint Luke’s, according to such their division and description as is herein after mentioned, each of which shall be separate and independant from the other, and shall by itself, have all parochial rights and priviledges, and that there shall be for each of them a several parochial church, and a curate or minister, several and independant from the other, and constant and perpetual succeeding curates or ministers there for ever, who shall each of them have the cure of fouls in their said respective parishes, and have and enjoy, and receive from the inhabitants of their respective parishes, all such ecclesiastical dues as are now of right or by custom belonging to the curate or minister of Saint Nicholas without aforesaid, and also all such sums of money as are already allotted, ascertained, set forth, and charged, or hereafter shall be allotted, ascertained, set forth, and charged, for the curate, minister, or incumbent, on the several houses in the said parishes respectively, pursuant to an act of Parliament lately passed in this kingdom, for the provision for ministers in cities and corporate towns, subject nevertheless to the visitation of the archbishop of Dublin, and such laws and cannons ecclesiastical as any curate, minister or incumbent of any parish now is, or of right ought to be subject to: Saving always to the dean of the cathedral church of Saint Patrick’s Dublin, and his successors deans of the said cathedral for ever, the same jurisdiction over the curates or ministers of the said parishes of Saint Nicholas without the walls, and of Saint Luke’s, which he the said dean now hath, or of right ought to have over the curate or minister of Saint Nicholas without the walls.
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Officers as usual in other parishes in succession for ever.
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VIII. And be it further enacted by the authority aforesaid, That there shall be for each of the said two parishes, two church-wardens, a parish clerk, and other usual parish officers in succession for ever, who shall severally perform the several and respective parish duties belonging to their respective offices, and severally have and receive the several and respective profits, benefits, priviledges, advantages, and authorities usually enjoyed with and of right belonging to such respective offices in parishes.
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Boundaries of the parish of St. Luke’s.
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IX. And be it further enacted by the authority aforesaid, That all that part of the parish of Saint Nicholas without, commonly called or known by the name of Donore ward, within the said parish, situate, lying, and being on the west side of the brook or water which runs front Harolds-cross down through the Black-pits, and so to the Poddle; as also that part of the said parish of Saint Nicholas without the walls, which is and lyeth on the fouth of the water or brook which runs from Crooked-staff down the Coombs, and so to the said Poddle, where the said two brooks or waters meet, and all particular streets, lanes, places, houses, grounds, lands, and every of them that are on the west side of the water running through the Black-pits aforesaid, and that are on the fouth side of the water running through the Combs aforesaid, and now belonging to the said parish of Saint Nicholas without the walls, shall be and is hereby declared to be from the next vacancy or avoidance of the said parish of Saint Nicholas without the walls, the parish of Saint Luke’s, and so for ever after, shall be called, deemed and taken.
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Boundaries of the parish of St. Nicholas,
right of electing and nominating on every vacancy a curate to each parish vested in the dean & chapter of the C. church of St. Patrick’s Dublin.
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X. And it is hereby declared, and enacted by the authority aforesaid, That all the rest and residue of the said parish of Saint Nicholas without, not herein before taken out and appointed for the said parish of Saint Luke’s, shall remain and be the parish of Saint Nicholas without the walls, and so for ever hereafter be called, deemed and taken; and that the said parish of Saint Nicholas without the walls, and parish of Saint Luke’s, as before described and divided, shall from the next and first avoidance of the said parish of Saint Nicholas without the walls, be two distinct parishes: Saving nevertheless, and reserving now and at all times hereafter, to the dean and chapter of the cathedral church of Saint Patrick’s Dublin, the right of electing and nominating a curate or minister to each and either of the said parishes of Saint Luke and Saint Nicholas without the walls, for and during the life of such curate or minister, as often as they or either of them shall happen to be void and destitute of a curate or minister, which the said dean and chapter now have, or of right ought to have of electing and nominating a curate or minister for the said parish of Saint Nicholas without the walls, before its division by this act, the said curates or curate, ministers or minister to be lycensed by the archbishop of Dublin, as the curate or minister of Saint Nocholas without the walls have always heretofore been.
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One month after curate nominated to summon inhabitants to vestry to choose officers,
church wardens impowered to purchase lands of the yearly value of 100l. sterl.
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XI. And be it further enacted by the authority aforesaid, That the next and first curate, minister or incumbent of the parish of Saint Luke, within one month after he is nominated as aforesaid, and lycensed by the ordinary to the cure of the said parish, is hereby authorized, impowered and required to call together the inhabitants of the parish to a vestry for choosing church-wardens, synodsmen or sidesmen, and other church officers, as are used to be annually chosen in other parishes, and that he the said curate or minister, or in his absence, his lycensed assistant in the cure of the said parish, and the inhabitants of the said parish, who shall then meet, shall choose two sit persons for church-wardens, who when so chosen, shall be church-wardens of the said parish of Saint Luke for one year after, and till next Easter after their being so chosen, and that for ever hereafter two church-wardens, synodsmen or sidesmen and overseers of the poor shall be yearly chosen at the times and in the manner as is usual in other parishes, and that such church-wardens of the parish of Saint Luke so chosen, and their successors, church-wardens of the said parish, shall be a body corporate, and have power to sue, or be sued by the name of the church-wardens of the parish of Saint Luke, and by that name to purchase or take lands, tenements, or hereditaments, of the yearly value of one hundred pounds sterling, to the use of the said parish, the statute of mortmain, or any other law or statute to the contrary notwithstanding. And the said first church-wardens of the said parish of Saint Luke, and their successors, be and hereby are impowered to rate and assess the several houses within the said parish of Saint Luke in such manner as they shall think sit, with the consent of the curate or minister, and the inhabitants of the said parish, or the major part of them, at such meetings as shall be appointed to that purpose for and towards the building or erecting a church within the said parish to be constituted as aforesaid, under the name and title of the church of Saint Luke, if the voluntary contributions that shall be made towards the said buildings shall fall short and not be sufficient to do it, and to levy the same with the necessary charges of such levying by distress and sale of the goods so distrained, the overplus, if any, to be restored to the owner or owners of the said goods. And that the church-wardens of the parish of Saint Nicholas without the walls, for the time being, shall, from and after the division of the said parish, remain and continue church-wardens of the distinct parish of Saint Nicholas without the Walls, as divided as aforesaid, for one year, and till the next Easter after; and for ever after two church-wardens shall be yearly chosen for that distinct parish as usual in other parishes, and such church-wardens so chosen for that parish and their successors church-Wardens of the fame, shall likewise be a body corporate, and have power to sue or be sued by the name of the church-wardens of the parish of Saint Nicholas without the Walls, and by that name to purchase or take lands, tenements, or hereditaments of the yearly value of one hundred pounds sterling, to the use of the said parish, the statute of mortmaine, or any other law or statute to the contrary notwithstanding.
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Lands set out for manse house &c. to St. Luke’s parish.
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XII. And whereas the present curate, minister, or incumbent of the parish of Saint Nicholas without the walls, and the present church-wardens and parishioners of the said parish assembled in vestry, have unanimously agreed, consented, and appointed that all those tenements, grounds, and lands lying and being within Donore ward aforesaid, and belonging to the parish of Saint Nicholas without the walls, being in lease to the late lord chief baron Byss, and master Michael Atkinson, shall from and after the expiration of the said leases, go along with the new parish of Saint Luke’s as aforesaid, and be for ever the glebe or mans of the curates or ministers of Saint Luke’s, and his successors curates or ministers of Saint Luke’s: To the end nevertheless, that the dean and chapter of the catheral of Saint Patrick’s Dublin, or any other person or persons with the consent of his grace the lord archbishop of Dublin for the time being, may if they think convenient, receive, buy or purchase the present tenants interest in any part of the said ground, and lay out, appoint, and separate as much of the the said land for a church and church-yard, as to them shall seem necessary: Be it therefore enacted by the authority aforesaid, that the aforesaid lands, tenements, and grounds being within Donore ward, now belonging to the parish of Saint Nicholas without, and set by the said parish as aforesaid, to the late lord chief baron Byss, and master Michael Atkinson, shall from the expiration or sooner determination of the said leases, be called, deemed, and taken to be the glebe or mans of the curate or minister of Saint Luke, and his successors curates or ministers of Saint Luke’s for ever; reserving nevertheless, and hereby giving to the archbishop of Dublin for the time being, a power of receiving, buying, or purchasing the present tenants interest, and of setting out, appointing and separating with the consent of the dean and chapter of the cathedral church of Saint Patrick’s Dublin for the time being, such part and portion of the said ground so received, bought or purchased for a church and church-yard, as to them shall seem convenient; the rest and residue of the said ground and tenements so received, bought or purchased, to be immediately from and after such gift, buying or purchasing, the manse and glebe of the curate or minister of Saint Luke’s, and his successors curates or ministers of Saint Luke for ever; and in case the said tenants interest in the said leases cannot be bought or purchased, so as that a church may be erected, and a church-yard or cæmitry set out thereon, or if some other ground within the parish of Saint Luke’s shall be thought fitter whereon to build a church, and make a church-yard: 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 Saint Patrick’s Dublin, 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 Luke’s herein before expressed, for a church and church-yard for the said parish, the statute of mortmaine, or any other law or statute to the contrary notwithstanding.
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Division of the parishes of St. Katherine’s, St. James’s, and St. John’s into two distinct parishes,
by the names of St. Katherine’s, and St. James’s,
subject to the powers of the ordinary of the diocess.
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XIII. And whereas the united vicarages or parishes of Saint Katherine’s, and Saint James’s Dublin, and Saint John’s of Killmainham are grown too large to be and continue as one parish; be it further enacted by the authority aforesaid, That the said united parishes or vicarages of Saint Katherine’s, Saint James’s and Saint John’s of Killmainham, from the twenty fifth day of December next, which will be in this present year of our Lord God one thousand seven hundred and seven, be and hereby are divided into two several and distinct vicarages or parishes, and that the precinct or compass of ground of which the same doth now consist, be and hereby is constituted and made two several vicarages or parishes, divided, separated, and distinguished as is herein after mentioned, and from and after the time aforesaid, shall be called by the names of the parish or vicarage of Saint Katherine’s, and the parish or vicarage of Saint James’s, according to such their division and description as is herein after mentioned, each of which shall be separate from and independant of the other, and shall each of them by itself, have all parochial rights and priviledges as a separate and distinct vicarage or parish, and that after the death, cession, surrender or promotion of the present incumbent of the said vicarages or parishes, doctor Samuel Synge, dean of Kildare, and not before, there shall be for each of the said vicarages or parishes a vicar or minister several and independent from the other, and constant and perpetual succeeding vicars or ministers there for ever, who shall each of them severally have the cure of fouls in the said respective parishes, and have, enjoy and receive from the inhabitants of their said respective parishes all such tithes, oblations, obventions, ministers money, mortuarie, Easter dues, and other duties, rates, assessments or taxations as will grow or renew, or shall hereafter arise, grow or renew within the said respective parishes, and are or shall be due, and of right ought to be paid to the vicars or ministers of such vicarages or parishes; subject: nevertheless to the visitation and power of the ordinary of the diocess, and to all such cannons and laws ecclesiastical as such ministers and vicars are usually and of right ought to be subject to, and that there shall be for each of the said parishes, two church-wardens, a parish clerk, and other usual parish officers in succession for ever, who shall severally perform the several and respective parish duties, belonging to their respective offices, and severally have and receive the several and respective profits, benefits, priviledges and advantages, and authorities usually enjoyed with and of right belonging to such respective offices in parishes.
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Boundaries of St. James’s parish, and of St. Katherine’s.
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XIV. And be it further enacted by the authority aforesaid, That all that part of the now united parishes or vicarages of Saint Katherine’s, Saint James’s, and Saint John’s of Killmainham aforesaid, which lies on the west side of the water-course which parts Dolpin’s-barn and the earl of Meath’s liberty, and runs to the Pipes at Saint James’s-gate, and on the west side of that gate to the river Liffy, alias Anna Liffy, in a straight line over against the west side of the Bowling-green house, and all the particular streets, lanes, places, houses, grounds and lands on the said west side of the said water and straight line, now belonging to the said united vicarages or parishes of Saint Katherine’s, Saint James’s, and Saint John’s of Kilmainham aforesaid, shall be the parish of Saint James’s and, so for ever after the time aforesaid, shall be called, deemed and taken. And it is hereby declared and enacted by the authority aforesaid, that all the rest and residue of the said united parishes of Saint Katherine’s, Saint James’s, and Saint John’s of Kilmainham, not herein before taken out, or appointed for the said parish of Saint James’s, shall remain, and be the parish of Saint Katherine’s, and so for ever be called, deemed and taken.
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Right of patronage as before division.
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XV. Provided always, and be it further enacted by the authority aforesaid, That the right of patronage or presentation unto the said several and distinct vicarages of Saint Katherine’s and Saint James’s, and each of them, shall be and remain in the same person or persons, and in the same manner to all intents and purposes as the right of patronage or presentation to the united vicarages of Saint Katherine’s, Saint James’s, and Saint John’s of Killmainham now is, and stands vested at the time of making this present act.
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Present incumbent of late united parishes, in one month after division, to call a vestry of St James’s parish to chose church-wardens, &c.
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XVI. And be it further enacted by the authority aforesaid, That the said present incumbent, vicar, or minister of the said now united parishes of Saint Katherine’s, Saint James’s, and Saint John’s of Kilmainham, within one month after the said twenty fifth day of December next, is hereby authorised, impowered and required to call a vestry of the inhabitants of the said vicarage or parish of Saint James, as the same by this act is divided, for choosing church-wardens of the said vicarage or parish of Saint James for one year, and till the next Easter after, and then and for ever after, two church-wardens shall be yearly chosen for the said vicarage or parish, as usual in other vicarages or parishes, and that such church-wardens so chosen as aforesaid, for the said parish of Saint James, and their successors church-wardens of that parish, shall be a body corporate, and have power to sue or be sued by the name of the church-wardens of the parish of Saint James, and by that name to purchase or take lands, tenements, or hereditaments of the yearly value of one hundred pounds sterling, to the use of the said parish, the statute of mortmaine, or any other law of statute to the contrary notwithstanding. And that the present church-wardens of the said parish of Saint Katherine’s, and Saint James, and Saint John’s of Killmainham, from and after the said twenty fifth day of December next, shall continue in that office of church-wardens for the said distinct parish of Saint Katherine’s as divided as aforesaid, till the next Easter, and for ever after two church-wardens shall be yearly chosen for the said distinct parish or vicarage of Saint Katherine’s, as usual in other vicarages or parishes and such church-wardens so chosen for that parish or vicarage as aforesaid, and their successors church-wardens of the same, shall likewise be a body corporate, and have power to sue and be sued by the names of the church-wardens of the parish of Saint Katherine’s.
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Letters patent of G. z. granting certain premisses to J. Rigby,
now in possession of S. Synge,
but inconvenient and out of repair,
power to S. Synge to make leases of the premisses for 61 years,
and renew,
such leases to registered.
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XVII. And whereas his late Majesty King Charles the second, by letters patents under the great seal of Ireland, bearing date at Dublin, the eleventh day of September in the one and twentieth year of his reign, did give and grant unto John Rigby Clarke, batchelor of divinity, and minister of Saint Katherine’s parish aforesaid, and to his successors ministers of the said parish for ever, one timber house slated, with a back-side, stable, and garden, formerly the propriety or reputed propriety of William Plunkett of Beuly, situate and being in the street commonly called Saint Thomas-street, in the said city of Dublin, which said house, back-side, stable and garden, are now in the quiet and actual possession of Samuel Synge Clerke, doctor of divinity, and vicar of the said parish. And whereas the said house, back-side, stable and garden, and the improvements which were formerly thereupon, are now and have been ever since the late troubles, much out of repair, so that neither the said Samuel Synge, nor his successors, can or will be able to make any reasonable profit or advantage of the same in the condition they now are in, nor is the place by reason of its situation, found to be commodious or convenient for the habitation of the said Samuel Synge, or his successors ministers of the said parish, so as to encourage him or them to rebuild or repair the same, neither can or will any tenant without the security of a lease be had or procured, build or make any improvements upon the premises, so as to bring in any reasonable rent to the said Samuel Synge, or his said successors, so that the charitable design of his late Majesty, in so giving and granting the premisses as is abovesaid, is in danger of being frustrated or rendered of small effect. Be it therefore enacted by the authority aforesaid, That it shall and may be lawful to and for the said Samuel Synge and his successors, for the better encouragement of such tenant or tenants as are or shall be willing to build or make any other proper or profitable improvements upon the premisses, or any part of the same, to set or make one or more lease or leases of the premisses, either whole and entire, or in several parts and parcels, for the term of sixty and one years from the twenty fifth day of March, which shall be in the year one thousand seven hundred and eight, at such yearly rent or rents as the lord archbishop of Dublin for the time being, and the dean and chapter of the cathedral church of Saint Patrick’s Dublin, shall judge convenient and reasonable, which said rent and rents shall be reserved and made payable unto him the said Samuel Synge, and his successors vicars of the said parish, and also that it shall and may be lawful to and for the said Samuel Synge, and his said successors for ever, at any time hereafter, to set, make, or renew all or any of the said lease or leases of the premisses for the space and term of forty years, from the day of the date of each respective lease so to be set, made, or renewed, so as that the first reserved yearly rent or rents so reserved and payable as abovesaid, shall not in whole, or in any part be any way impaired or lessened. Provided also, that all and every such lease and leases so to be set, made or renewed, shall be entered and registered within one year after the perfecting thereof, and the registrary of the consistorial court of the diocess of Dublin, is hereby required to register the said lease or leases for the benefit of posterity, in the registry of the lord archbishop of Dublin for the time being, for the so entering or registering of each which leases the sum of fix shillings and no more, shall be paid to the registrary or other officer, whose office or business it is or shall be so to enter or register the same: Provided also, That at the time of making, setting or renewing any such lease as is above mentioned, no other such lease of so much of the premisses, as by such lease is to be demised, or of any part thereof, shall then be in being, and not to determine within the space of one year.
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A scope of ground now in possession of J. Dawson when built on to be the parish of St. Anne’s,
and enjoy all parochial rights, & c.
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XVIII. Whereas a considerable scope of ground lying between the road which leads to Saint Patrick’s Well and the north side of Saint Stephen’s-green, at present part and parcel of the parishes of Saint Peter’s and Saint Kevan’s, being now in the possession of Joshua Dawson, esquire, is now set, or shortly to be set out for buildings, which buildings when finished, will contain more inhabitants than can be well accommodated in the parish church of Saint Peter’s: Be it therefore enacted by the authority aforesaid, That the scope of ground aforesaid, shall be, and is constituted immediately from and after the passing of this present act, the parish of Saint Anne’s, Separate and distinct and independant of the parish of Saint Peter’s and Saint Kevan’s’ aforesaid, and shall have, by itself all parochial rights and priviledges as a separate distinct vicarage or parish, and that there shall be for it a several parochial church, and a vicar or minister several and independant from the other, and constant and perpetual succeeding vicars or ministers, who shall have cure of fouls within the said vicarage or parish, and shall have, receive, and enjoy from the inhabitants of the said parish of Saint Anne, all such ecclesiastical dues as are now of right or by custom payable to the vicar or minister of Saint Peter’s, and also all such sums of money as are or shall be allotted, ascertained, set forth, and charged for the vicar or minister, on the several houses that are or shall be built within the said parish of Saint Anne, pursuant to an act of Parliament lately passed in this kingdom, for provision for ministers in cities and corporate towns, and subject nevertheless, to the visitation of the ordinary, and all laws, customs, and cannons ecclesiastical to which vicars are usually and of right ought to be subject, and that there shall be for the said parish two church-wardens, a parish clerk, and such other parish officers as are usual in other vicarages or parishes in succession for ever, who shall severally perform the several and respective parish duties belonging to their respective offices, and severally have and receive the several and respective profits, benefits, priviledges, advantages and authorities usually enjoyed with, and of right belonging to such respective offices in parishes.
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Part of the parish of St. Bridget’s made a part of the parish of St. Anne’s.
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XIX. And be it further enacted by the authority foresaid, That whenever the curacy or parish of Saint Bridget shall become vacant by the death, cession, promotion or surrender of the present curate or minister of the said parish, James Duncan, Clerke, that then and from thenceforth and not before, all that part of the parish of Saint Bridget’s hereafter named, namely the east side of William-street, that part of Chequer-lane which leads from the north-east end of William-street to Grafton-street, all Grafton-street, part of King-street, Clarendon-market, the Square, and back part thereof, and all Clarendon-street lying remote from the church of Saint Bridget, and inconvenient for the inhabitants, shall be taken from the parish of Saint Bridget’s, and shall be made and become a part of the parish of Saint Anne’s.
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Part of St. Peter’s & St. Kevin’s added to the parish of St. Anne’s.
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XX. And be it further enacted by the authority aforesaid, That whensoever the vicarages or parishes of Saint Peter and Saint Kevin’s shall become vacant by the death, cession, promotion or surrender of the present vicar or minister thereof John Kernes, Clerke, then and from thenceforth, and not before, all that part or tract of the said parishes of Saint Peter’s and Saint Kevin’s herein after named, namely the north side of King-street, and all that part of the parish which lyeth northward of it, and so on northward of Saint Stephen’s-green, including the north side of the said Saint Stephen’s-green, and so on northward of the ward leading from Saint Stephen’s-green as far as Merryon-street, and so down Merryon-street, including the west side of the said Merryon-street to the road leading to Saint Patrick’s Well, lying remote from the parish church of Saint Peter’s, is inconvenient to the parishioners, shall be for ever separated from the said parishes of Saint Peter’s and Saint Kevin’s, and shall from thence forward, and not before, be made and become a part and parcel of the parish of Saint Anne, and under the cure of the vicar of Saint Anne, who shall from the inhabitants of the houses that are, or shall be built upon the ground thus taken off from the parish of Saint Bridget’s, and from the vicarage of Saint Peter’s and Saint Kevin’s, and made parts of the parish of Saint Anne, receive from thence forward, and not before, all ecclesiastical dues as aforesaid, and all such sums of money as are or shall be allotted, ascertained, set forth and charged on the respective houses which are or shall be built thereon, pursuant to an act lately passed in this kingdom for provision for ministers in cities and corporate towns.
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Vicar of St. Anne’s within one month after appointment to call a vestry, to choose church wardens, &c.
who are impowered to purchase lands of 100l, a year,
and to assess the several inhabitants towards building a church, &c.
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XXI. And be it further enacted by the authority aforesaid, That the next and first vicar or minister of the said parish of Saint Anne, within one month after he is instituted into the said vicarage or parish, is hereby authorized, impowered, and required to call together the inhabitants of the said parish to a vestry for choosing church-wardens, and that the vicar or minister, or in his absence, his lycensed assistant in the cure of the said vicarage, and the inhabitants who shall then meet, or the major part of them, shall choose two fit persons for church-wardens, and two synodsmen, alias sydesmen, who when so chosen, shall be church-wardens and synodsmen of the said parish for one year, and till the next Easter after, and for ever after two church-wardens, two synodsmen, and other parish officers shall be yearly chosen as is usual in other parishes, and that such church-wardens so chosen as aforesaid, and their successors church-wardens of the vicarage or parish of Saint Anne, shall be a body corporate, and have power to sue or be sued by the name of the church-wardens of the parish of Saint Anne, and by that name to purchase or take lands, tenements, and hereditaments of the yearly value of one hundred pounds sterling, to the use of the said parish, the statute of mortmaine, or any other law or statute to the contrary notwithstanding. And the said first church-wardens, of the parish of Saint Anne, and their successors, shall be and hereby are impowered to rate and assess the several houses within the said parish of Saint Anne, in such manner as they shall think fit, with the consent of the vicar and inhabitants of the said parish, or the major part of them, at such meetings as shall be appointed for that purpose, for and towards the building or erecting a church within the said parish, to be constituted as aforesaid, under the name and title of the church of Saint Anne, if the voluntary contribution that shall be made towards the said building shall fall short and not be sufficient to do it, and to levy the same with the necessary charges thereof by distress and sale of the goods so distrained, rendering the overplus, if any, to the owner or owners of them.
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A plot of ground given by J. Dawson,
vested in Marmaduke Coghill and Samuel Dopping, in trust, to build a parish church, &c.
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XXII. And whereas Joshua Dawson of the city of Dublin, Esquire, hath given a plot or piece of ground containing two hundred feet in length or depth, and one hundred feet in breadth, mearing and bounding eastward to Dawson-street, westward to a lane leading from Anne’s-street to Duke’s-street, and northward by Anne’s-street, for a church and church-yard, vicarage house and garden, for the said vicar and inhabitants of the said parish of Saint Anne: Be it further enacted by the authority aforesaid, That the said plot or piece of ground so given, and appointed and described as aforesaid, be and is hereby vested in Marmaduke Coghill and Samuel Dopping, Esquires, and their heirs for ever, upon trust nevertheless, and to the intent and purpose that a parish church, vestry house, and other rooms and conveniencies necessary for a church, may be built thereon for the use of the vicar, minister and parishioners of the said parish, and that a church and cæmitry or burying place may be taken out of the said ground, and inclosed for the use of the said parish, as also that a house and garden may be erected and made for the use of the vicar of the said parish for the time being, as the lord archbishop of Dublin for the time being shall lay out and appoint the said ground for each of them.
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First presentation of a vicar for the parish of St. Anne’s in J. Dawson, his executors, &c.
ever after in archbishop of Dublin and his successors.
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XXIII. And in consideration that the said piece or plot of ground given by the said Joshua Dawson, Esquire, to the use of the said parish of Saint Anne as aforesaid, and in regard that most of the houses that will be in that said parish will be built or caused to be built by him: Be it therefore enacted by the authority aforesaid, That the said Joshua Dawson, his executors, administrators, or assigns, shall have and enjoy the first and next presentation of a vicar or a minister to and for the said church and parish of Saint Anne’s, Provided he or they, or any of them, do present to the same a person fit and qualified according to the ecclesiastical laws of this kingdom, within six months after either the parishes of Saint Bridget’s, or the vicarages of Saint Peter’s and Saint Kevin’s shall be void by the death, cession, promotion, or surrender of their or either of their respective ministers or incumbents, and that for all time to come, after the said first presentation, the right of patronage of the said vicarage, and of collation and presentation to the same shall belong to the archbishop of Dublin, and his successors arcbishops of Dublin for ever.
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disposal of scats.
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XXIV. And whereas several of those persons who upon the next and first vacancy of the cure of Saint Bridget’s, or upon the next and first vacancy of the vicarage of Saint Peter’s and Saint Kevin’s, will according to this present act be parishioners and inhabitants of the said parish of Saint Anne, have feats at present in the parish churches to which they now belong respectively, and have contributed towards the building or erecting their present respective parish churches: Be it therefore enacted by the authority aforesaid, That they who have feats in their respective parish churches, shall be and are hereby impowered to sell and dispose of such feats as they have, or shall have in either of those parish churches respectively, to the church-wardens of such respective parish for the use of the said parish, or if the said church-wardens will not purchase the same as aforesaid, for the use of the said parish, then to any other inhabitant of the said parish, provided he be of the protestant religion as now by law established, and also that no such person as aforesaid, who was assessed and paid towards the building of the parish church of Saint Bride’s, or towards the building of the parish church of Saint Peter’s, shall be assessed or compelled to pay towards the building of the parish church of Saint Anne’s upon their becoming parishioners of the said parish of Saint Anne’s, any thing herein contained to the contrary notwithstanding.
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Vicar of St. Anne’s impowered to call vestries. &c.
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XXV. And be it further enacted by the authority aforesaid, That from and after the building and finishing the said church of Saint Anne, the vicar or minister, church-wardens and parishioners shall and may hold vestries, and make bye-laws, rules, and orders for the regulation and ordering of the said parish, reparation of the said parish church from time to time, and all other matters incident to a parish according to custom, and as any other parishes of and in the city of Dublin, or elsewhere may do or can do, which shall have the same and no greater force and effect in law, as bye-laws, rules, and orders made in such other parishes have or ought to have.
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Nothing in this act to injure John Travers, &c.
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XXVI. Provided, and be it further enacted by the authority aforesaid, That neither this act, nor any thing therein contained, shall extend or be construed to extend to take away, extinguish, bar or hinder the said doctor John Travers, vicar of Saint Andrew’s, doctor John Stern, curate of Saint Nicholas parish without the walls, doctor Samuel Synge, vicar of the united vicarages or parishes of Saint Katherine’s, Saint James’s, and Saint John’s of Killmainham, James Duncan Clerk, curate of the parish of Saint Bridget’s, or John Kearnes, vicar of Saint Peter’s and Saint Kevin’s, as aforesaid, or any or either of them respectively, or their several and respective executors, administrators, or assigns, from having, collecting, or receiving and taking all such tythes, oblations, obventions, ministers money, morturays, Easter dues, and other duties, rates, assessments, or taxations as may arise, grow, or renew, or shall hereafter arise, grow or renew within their respective parishes, and are due, and of right ought to be paid, or shall become due to them respectively, during their respective incumbencies, but that they shall be intitled to and receive the same respectively, as if the said several and respective parishes were undivided, and this act had not been made, and that the church-wardens which shall be in office in any of the aforesaid parishes of Saint Andrew’s, Saint Nicholas without the walls, the united parishes of Saint Katherine’s, Saint James’s, and Saint John’s of Killmainham, Saint Bridget’s, Saint Peter’s, and Saint Kevin’s, at the time when each respective parish shall become void as aforesaid, by the death, cession, promotion, or surrender of the present incumbents thereof respectively as aforesaid, shall have power and authority, and are hereby enjoyned and required to collect whatever money shall be then due out of their respective parishes, to the respective incumbents, or to their respective executors, or administrators, according to the present bounds of their respective parishes, and shall pay the money so collected to the present incumbents of their respective parishes, their executors, administrators, or assigns respectively.
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Commissions to issue from C. governor for the several parishes, appointing 20 commissioners for each parish to erect churches, &c.
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XXVII. And be it further enacted by the authority aforesaid, That the chief governour, or governours and council of this kingdom for the time being, shall issue their distinct commissions or orders, one for the parish of Saint Mark, another for the said parish of Saint Luke, and a third for the parish of Saint Anne, each of them constituting and appointing twenty or more discreet persons for each parish, to be commissioners for erecting the said three new churches, inclosing the said church-yards, erecting gallaries, pulpits, desks, pews, and other necessary ornaments of the said churches, who are hereby required within three months after they shall be so nominated and appointed, to give in an estimate in writing, under the hands of twelve or more of them, of the charges necessary for building and finishing the said respective churches, and providing such ornaments, after which estimate so returned, in the said chief governour or governours 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 or persons, bodies politick and corporate, as shall be willing to contribute any thing towards the building the said respective churches and other conveniencies, and to collect and receive the money so subscribed, of which subscriptions and collections such person so to be appointed, shall from time to time make true returns to such chief governour, or governours and council, and pay the same according to their directions.
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Church now building at Ballymenagh to be the parish church of Kilconriola for ever.
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XXVIII. And be it further enacted by the authority aforesaid, That a church now building at Ballymenagh, which is a considerable market town in the parish of Kilconriola, in the diocess of Connor and county of Antrim, shall be deemed and reputed the only parish church of the said parish of Kilconriola for ever, so soon as the ground on which the said church is built, with a convenient church-yard, shall be mortified for the said uses, by Sir Robert Adaire, the present proprietor of it, and the said church shall be consecrated; saving to her Majesty, her heirs and successors, and to all and every other person or persons whatsoever, all such right, title, and interest as they or any of them have in or to any advowson, presentation, or donation of any the said parishes or vicarages.
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A publick act.
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XXIX. And be it further declared and enacted by the authority aforesaid, That this act be, and is hereby declared and enacted to be in all courts and places a publick act of Parliament.
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