whatsoever age the wood may be, if tithe thereof be required, a prohibition 1379. doth not lie thereupon. Answer. Be it used as it reasonably has been before this time. 7 R. 2. Reg. Orig. 49 a. (1) 1 Gw. 9. 1384. IT T was agreed before the King's council, in a parliament holden at Salisbury, Silva cædua. that consultations ought to be granted of silva cædua, notwithstanding it is not renewed annually. And thereupon a consultation was awarded for the abbot of Notley, in a case of silva cædua, &c. (1) To what parliament to refer this agreement, I sufficiently know not, unless to that THE end of 7 R. 2. holden at Salisbury, the rolls whereof have nothing of it. Seld. 241. 8 R. 2. S Rot. Parl. 201. 1 Gw. 9. HE commons pray, that whereas it is ordained by statute, that a general Tithe of wood. prohibition shall be granted in chancery, wherever men advanced to benefices of holy church demand tithes in court-christian of great wood, which is passed the age of twenty, thirty, or forty years, when such wood is cut and sold; and because no special prohibition is granted by the said statute, the said men of holy church sue in court-christian for the tithes aforesaid, notwithstanding such general prohibition directed to them, to the great damage and mischief of those who sell their wood in the form aforesaid; may it please our Lord the King, to grant a special prohibition, with attachments thereupon, against the ordinaries and those who sue against the statutes as aforesaid. Answer. Be it done as was heretofore ordained by the statute made at Westminster, in the forty-fifth year of the reign of our grandfather, whom God have mercy upon. 14 R. 2. 3 Rot. Parl. 281. 1 Gw.9. 1390. THE HE commons of the land pray, that whereas parsons and vicars claim and Tithe of wood. demand of the said commons, tithes of wood, that is, as well of wood of the age of forty or sixty years, as of the age of nine or ten years, and sue and implead them in court-christian, to the great travail, cost, and loss of the said commons, notwithstanding the statute before these times thereof ordained, by reason that the words silva cædua are not expounded nor declared in certain; may it therefore please our Lord the King to ordain, that the said words silva cædua may be declared, determined, and ascertained, that the country, which has been duly titheable from the twentieth year of King Edward, since the conquest, be charged with such tithes according to the tenor of a statute thereof made before these days, and not otherwise, so that the said commons may be certain of what manner of wood they ought to pay tithes, in titheable places, for the final discussion of the aforesaid debates. Answer. Be it as it has been heretofore. 15 R. 2. c. 6. S Rot. Parl. 293. 1 Gw. 10. 1391. BECAUSE divers damages and hinderances oftentimes have happened, and Appropriation. daily do happen to the parishioners of divers places, by the appropriations of benefices of the same places; it is agreed and assented, that in every license henceforth to be made in the chancery, of the appropriation of any parish church, it shall be expressly contained and comprised, that the diocesan of the place, in the appropriation of such churches, shall ordain, according to the value of such churches, a convenient sum of money to be paid and distributed yearly of the fruits and profits of the same churches by those that shall have the said churches in proper use, and by their successors, to the poor parishioners of the said churches, in aid of their living and sustenance for ever; and also that the vicar be well and sufficiently endowed. Poor. 1391. Tithe of wood. 1392. THE 15 R. 2. 3 Rot. Parl. 295. 1 Gw. 10. HE commons pray, that whereas in many parts of the realm divers persons are sued, travailed, and put to great costs, and some are excommunicated in court-christian for tithes of great trees as well as of seasonable wood, under colour of this word silva cædua; that it may please our Lord the King, and the very sage lords of this parliament, that the word silva cædua be declared, and the age of wood titheable be ascertained, in this present parliament, in case of the said commons, considering that divers bills upon this matter have been inserted in the petitions of the commons in several parliaments before these days, and no remedy is ordained. Answer.-Be it used as it has been used heretofore. Wood-silva IT cædua. 16 R. 2. 3 Rot. Parl. 307. TEM, The commons pray, that whereas there are many suits and grievances stirred up and depending between the persons of holy church and their parishioners, in divers parts of the country, for tithes of wood, because the meaning of silva cædua is not certainly declared, and particularly because it is not determined of what age wood shall be titheable, he would be pleased to declare in this parliament, the age of wood which shall be titheable. It is answered, the King will consult respecting this matter, with the prelates, between this and the next parliament, and then if it please God, will order good remedy concerning it. In the mean time, let it be done as has been used heretofore. Prohibition. 1400. Cistertians. Bulls. 1 Hen. 4. 3 Rot. Parl. 421. Articles of Complaint drawn up against R. 2. at his Deposition. IT I' 2 Hen. 4. c. 4. 1 Gw. 11. TEM, Forasmuch as our Lord the King, upon grievous complaints to him made in this parliament, has understood, that the religious men of the order of Cisteaux in the realm of England, have purchased certain bulls to be quit and discharged to pay the tithes of their lands, tenements, and possessions let to farm, or cultivated, and occupied by other persons than by themselves, in great prejudice and derogation of the liberty of the holy church, and of many liege people of the realm; our Lord the King, willing thereupon to provide remedy, by the advice and assent of all the lords spiritual and temporal, and at the instance and request of the said commons, has ordained and established, that the religious persons of the order of Cisteaux shall stand in the state that they were before the time of such bulls purchased; and that as well they of the said order, as all other religious and seculars, of what estate or condition they be, who put the said bulls in execution, or henceforth purchase other such bulls of new, or by colour of the same bulls purchased, or to be purchased, take advantage in any manner; that process shall be made against them, and every of them, by garnishment of two months by writ of præmunire facias; and if they make default, or be attainted, that they shall incur the pains and forfeitures contained in the statute of provisors, made in the thirteenth year of the said King Richard. The The Petition and Answer are given at full length 3 Rot. Parl. 464. 1 Gw.403. as follows: A Petition was delivered in parliament touching the order of Cisteaux, which, by the King's command, was sent to the commons to be advised thereof, and to declare their advice. The words of which petition are as follows:May it please our most excellent and most gracious Lord the King to take into his consideration, that whereas from time whereof the memory runneth not, the religious men of the order of Cisteaux of your realm of England have paid all manner of tithes of their lands, tenements, and possessions let out to farm, or cultivated and occupied by any other persons than themselves, and also of all manner of titheable things being in and upon the same lands, tenements, and possessions, as fully and entirely, and in the same manner as your other liege subjects of your said realm: and that so it is, that of late the said religious have purchased a bull of our most holy father the pope, by which our said most holy father has granted to the said religious that they shall not pay tithes of their lands, meadows, tenements, possessions, woods, cattle, or any other thing whatsoever, though they be or should be let out to farm; any title of prescription, or right then acquired, or that might thereafter be acquired, to the contrary notwithstanding: which purchase and grant are in manifest opposition to the laws and customs of your realm; by reason that divers compositions real and indentures are made between many of the said religious and others your lieges, for the taking of the said tithes and also, by reason that in divers parishes the tithes demanded by the said religious, by colour of the said bull, exceed the fourth part of the value of the benefices within the limits and bounds of which they arise; so that if the said bull should be executed, as well you, most dread Sire, as your lieges, patrons of the said benefices, will in a great measure lose the advowsons of the same benefices: and the conusance, which in this respect belongs, and all the said time has belonged, to your regale, will be discussed in court-christian, against the said laws and customs in order therefore to prevent the great trouble and disturbance which might arise among your people by the motion and execution of such novelties within your realm; may it please you, by the assent of your lords and commons assembled in this present parliament, to ordain, that if the said religious, or any of them, put the said bull in execution in any manner, that then he or they who shall so put such bull in execution, be put out of your protection by process duly made in that behalf, and his or their goods be forfeited to you, for God and in works of charity. : Answer. It is granted by the King and the lords in parliament, that the order of Cisteaux shall remain in the same state in which it was before the time when the bulls comprised in the said petition were purchased; and that as well those of the said order, as all other religious and seculars, of what estate or condition soever they be, who put the said bulls in execution, or henceforth purchase any such bulls anew, or by colour of the same bulls purchased or to be purchased, take any advantage in any manner, shall have process made against them, and each of them, by garnishment of two months, by writ of præmunire facias: and if they make default, or be attainted, that they be put out of the King's protection, and incur the pains and forfeitures contained in the statute of provisors, made in the thirteenth year of King Richard. And further, in order to eschew many the like mischiefs in time to come, it is agreed, that our same Lord the King shall send a letter to our most holy father the pope, to repeal and annul the said bulls so purchased, and of himself to abstain from making any such grant hereafter. To which answer the commons agreed, and that it should be made into a statute. THE 2 H. 4. 3 Rot. Parl. 468. 1 Gw. 11. 1400. HE commons pray, that no appropriation of any church be henceforth Of appromade; and that he who enjoys such appropriation in future, incur the priations of penalty contained in the statute of provisors; except that religious or any other churches. persons whosoever, who have possessions in mortmain, may exchange and give such 1400. Of tithe of wood. Agistment tithes. 1402. such possessions so in mortmain to secular hands, in order to have such benefice appropriated with the licence of the King, the patron, the lord, and the founder. Answer.-The King will advise upon it. THE 2 H. 4. 3 Rot. Parl. 470. 1 Gw. 12. HE commons say, that notwithstanding the statute (45 Edw. 3.) parsons and vicars of holy church claim tithes of all manner of wood as they were wont to do before, because consultations in such case in chancery have so easily been granted by colour of these words silva cædua, if it be so that the wood of which tithes are claimed be of the age of twenty years or more at the time of the cutting, and that a penalty be thereupon ordained in this present parliament. Answer. Be it used, as it has been well used before these days. 2 H. 4. 3 Rot. Parl. 474. 1 Gw. 12. ITEM, The commons pray, that whereas divers men of holy church implead many liege subjects of the realm in court-christian for tithes of agistment of certain lands, meadows, pastures, and wastes, which have not been tithed of agistment before these days; that is to say, of lands sown, and meadows, the same year after they have taken their tithes of corn and hay, and of pastures and wastes, which have at no time been tithed for agistment, where the said persons of holy church take their tithes continually of lambs, calves, and other such manner of tithes, coming and being upon the said lands, meadows, pastures, and wastes, to the great damage and disseisin, as well of lords, as of others poor tenants of the commons of the realm. May it please our Lord the King, in this present parliament, to make declaration, whether the said tithes of agistment shall be paid or not, and to order a prohibition, or other due remedy against the parsons of holy church, who shall serve such pleas in courtchristian, against any of the liege subjects of the King, against right, law, and reason. Answer.-Let him who feels aggrieved sue specially. A confirmation IT of the statute of 15 R. 2. c. 6. touching the appropriation of churches. The church of the diocese of All appropriations of vicarages made since the first year of R. 2. shall be void. A vicar endow ed shall be a secular man, and not a religious. 4 H. 4. c. 12. 3 Rot. Parl. 499. 1 Gw. 13. T is ordained and established, that the statute of appropriation of churches, and of the endowment of vicars in the same, made the fifteenth year of King Richard II. be firmly holden and kept, and put in due execution; and if any church be appropriated by license of the said King Richard, or of our Lord the King that now is, since the said fifteenth year, against the form of the said statute, the same shall be duly reformed according to the effect of the said statute, betwixt this and the feast of Easter next coming. And if such reformation be not made within the time aforesaid, that the appropriation and license thereof made be void, and utterly repealed and annulled for ever; except the church of Hadenham, in the diocese of Ely, which, for to eschew divers damages, discords, and disputes, that have been before this time betwixt the bishop of Ely and the archdeacon of Ely, upon the exercise of their jurisdiction, (as it was openly declared by the same bishop in presence of the King, and of the lords in parliament,) was of late appropriated, by the license of the King our lord, to the archdeacon of Ely, and his successors, to do divine service, keep hospitality, and to support other charges as pertaineth. Moreover it is ordained and established, that all the vicarages united, annexed, or appropriated, and the licenses thereof had, after the first year of the said King Richard, although they who have united, annexed, or appropriated such vicarages, be in possession of the same vicarages, or by virtue of such licenses, may in any wise be in possession of the same in any time to come, shall be also utterly void, revoked, repealed, annulled, and disappropriated for ever; and that henceforth in every church so appropriated, or to be appropriated, a secular person be ordained vicar perpetual, canonically instituted and inducted in the the same, and sufficiently endowed by the discretion of the ordinary to do divine service, and to inform the people, and to keep hospitality there, (except the church of Hadenham aforesaid); and that no religious whatever be made vicar in any church so appropriated, or to be appropriated, by any means in time to come. IT 5 Hen. 4. c. 11. 3 Rot. Parl. 540. n. 66. 1 Gw. 14. 1402. 1403. T is ordained and established, that the farmers and all manner of occupiers Alien priories. of the manors, lands, tenements, and other possessions of aliens, shall pay and be bound to pay all manner of tithes thereof due to parsons and vicars of holy church, in whose parishes the same manors, lands, tenements, and possessions be so situate and due, as the law of holy church requires, notwithstanding that the said manors, lands, tenements, or other possessions be seised into the King's hands, or notwithstanding any prohibition made or to be made to the contrary. THE 5 Hen. 4. 3 Rot. Parl. 540. 1 Gw. 14. HE commons pray, that whereas many liege subjects of our Lord the Quarries. King are oftimes vexed and troubled by parsons and vicars of holy church, by citations and censures of holy church, for tithes of stones and slates opened and drawn out of quarries, no tithes having ever been demanded or paid of such stone or slate, that it may please the Lord the King to ordain, that if any. prohibition be granted in such case, no consultation may be awarded to the contrary. Answer. The King will advise upon it. THA 5 Hen. 4. 3 Rot. Parl. 542. 1 Gw. 14. HAT the noble ordinances and statutes made in the fourth year of the Appropriations. reign of our Lord the King concerning the appropriations of parochial churches, and the endowment of vicarages therein, may stand in their force and effect, and that they be firmly holden and kept, and put in due execution; and that if any letters patent be or shall be made to the contrary, they be avoided and holden for null. Answer.-Let the statutes thereof made be holden and kept. IT 7 Hen. 4. chap. 6. Tis ordained and established, that no person, religious or secular, of what Bulls. estate or condition he be, by colour of any bulls, containing such privileges, to be discharged of tithes pertaining to such parish churches, prebends, hospitals, or vicarages, purchased before the first year of King Richard II. after the conquest, or since not executed, shall put in execution any such bulls so purchased, or any such bulls to be purchased in time to come. And if any such religious or secular person, of what estate and condition he be, henceforth, by colour of such bulls, trouble any person of holy church, prebendaries, wardens of hospitals, or vicars, so that they cannot take or enjoy the tithes due or pertaining to them of their said benefices, that then such disturbers shall incur like process and pain as is ordained by the statute made against them of the order of Cisteaux, in the second year of the reign of our said Lord the King that now is. 2 Hen. 5. 4 Rot. Par. 22. n. 9. 1 Gw. 16. 1414. THE HE commons pray, that in case final peace should hereafter be made Alien priories. between you our sovereign lord and your enemy of France, and thereupon all the possessions of the alien priories in England should be restored to the chief houses of the religious abroad, to which those possessions are belonging, VOL. III. B damage |