1414.

Silva cadua.

damage and loss would come to your said kingdom, and to your people of the same kingdom, by the great rents and revenues which, from year to year ever afterwards, would be remitted from the said possessions to the chief houses aforesaid, to the very great impoverishment of the same your kingdom in this behalf, which God forbid; may it please your most noble and most gracious lordship, for the consideration aforesaid, and also in consideration that, at the beginning of the war between the two kingdoms, your liege subjects were, by a judgment given in the kingdom of France, for ever ousted and disinherited of all the possessions which they then had of the gift of your noble progenitors in the parts abroad within the jurisdiction of France, most graciously to ordain in this present parliament, by the assent of your lords spiritual and temporal, that all the possessions of the alien priories, situate in England, may remain in your hands to you and your heirs for ever, to the intent that divine services may henceforth be more duly celebrated in the aforesaid places by Englishmen, than they have hitherto been by Frenchmen.

Provided, that the possessions of the conventual alien priories, and of the priors who are inducted and instituted, and also all the alien possessions given by the most gracious Lord the King your father, whom God have mercy upon, to the master and college of Fotheringay, and their successors, notwithstanding the peace to be made, if any should be, together with all manors, franchises, and liberties, by our said Lord the King your father granted to the said master and college, and their successors, may perpetually remain; and saving also to every one of your liege subjects, as well spiritual as temporal, the estate and possession which they have at present in any of such alien possessions, whether they have purchased, or are to purchase them in perpetuity, or for term of life, or for term of years, of the chief houses abroad, by the license of our Lord the King your most noble father, whom God have mercy upon, or of King Edward III. your great grandfather, or of King Richard II. since the conquest, or of your own gracious gift, grant, confirmation, or license, now had in that behalf, paying and supporting all the charges, pensions, annuities, and corrodies, granted to any of your liege subjects by you, or any of your noble progenitors, to be taken out of the possessions or alien priories aforesaid.

Answer. The King wills it: and also that the said master and college of Fotheringay have an exemplification from the King, under his great seal, of this petition, for their greater security in this behalf, and that with the assent of the lords spiritual and temporal in this present parliament assembled.

THE

2 Hen. 5. 4 Rot. Parl. 21. 1 Gw. 15.

HE commons pray, that whereas they are often impleaded in courtchristian for tithes of great wood of the age of twenty years and of forty years, and more, by the name of these words silva cædua; and in the statute made in the time of King Edward, the great grandfather of the Lord the now King, in the forty-fifth year of his reign, it is contained, that a prohibition be granted in this case, and thereupon an attachment, as it has been used before these days; by which statute no full declaration is made what wood is titheable, and what not, wherefore the justices of the land are of different opinions upon this matter; that if it please our Lord the King to limit and ordain, by the advice of the lords of this present parliament, that all manner of wood, which is of the age of twenty years or more, shall not be titheable in any manner for the time to come; and if it be under the age of twenty years it shall be titheable, if the custom of the country, where such wood is growing, demand it, and that in this case there be a prohibition, and thereupon an attachment, without granting a consultation.

Answer.-Because the matter of the petition requires great and mature deliberation and declaration, the King wills, that the said matter be adjourned, and remitted to the next parliament; and that the clerk of the parliament cause this article to be brought before the King and lords at the beginning of the next parliament, in order that a declaration may be had thereupon.

2 Hen. 5.

2 Hen. 5. chap. 3.

Libel.

1414.

FORASMUCH as divers of the King's liege people are daily cited to Spiritual court. appear in the spiritual court, before spiritual judges, there to answer divers persons, as well of things which touch freehold, debt, trespasses, covenants, and other things, whereof the conusance belongs to the court of our Lord the King, as of matrimony and testament, and when such persons so cited appear and demand a libel of that which is there surmised, to be informed to give their answer thereto, or otherwise to purchase a writ of our Lord the King, of prohibition, according to their case, which libel is denied by the said spiritual judges, to the intent that such person should not be aided by any such writ, against the law, and to the great damage of such persons so impleaded; our said Lord the King, by the advice and assent of the lords spiritual and temporal, and at the prayer of the commons, has ordained and established, that at what time the libel is grantable by law, that it shall be granted and delivered to the party without difficulty.

MAY

6, 7, 8 Hen. 6. 4 Rot. Parl. 365.

AY it please the very sage commons in this present parliament, well to Appropriation. consider that the abbey of Welhowe, in the diocese of Lincoln, is of the foundation of the most noble progenitors of our Sovereign Lord the King, and of his patronage; and that the abbot thereof, and his predecessors, from time whereof, &c. have had two parts of the church of Clay appropriated, the vicarage of the same church being taken out of it; which vicarage is of the patronage of the said abbot and convent, as in right of their church aforesaid, and is now void; and that the said abbey is situate near the sea, and great part of the possessions of the said abbey have now of late been surrounded by the sudden overflowing of the water of the sea, to the great prejudice and total destruction of the said abbot and convent thereof, and to the great impoverishment of the said patronage of our aforesaid Lord the King; and thereupon, for the reverence of God, to pray our said Lord the King, that he would be pleased, by the assent of the lords spiritual and temporal, in the said parliament assembled, to grant to the said abbot and his successors, license by authority of the said parliament, that they may appropriate, annex, unite, and incorporate the said vicarage to them and their successors, according to the form and effect of a schedule hereto annexed, for the love of God and the working of charity.

Answer. Be it as is desired in the petition, so that the supplicant find a secular chaplain removeable to minister the sacrament, and other rights to the parishioners of the church of Clee.

The King, to all, &c. greeting. Know ye, that whereas our beloved in Christ, the abbot and convent of the abbey of Welhowe, in Lincoln diocese, which abbey is of the foundation of our progenitors, former kings of England, and of our patronage, have had and held for a long time the church of Clee, in the diocese aforesaid, to their proper use, excepting the portion belonging to the vicarage of the same church, and have and hold the said church, except as excepted, at present; which vicarage is of the proper advowson of the said abbot and convent, and is now vacant. We, of our special grace, with the advice and assent of the lords spiritual and temporal, and at the request of the commons of our kingdom of England in parliament now assembled, have granted and given license for us and our heirs, as much as in us lies, to our beloved in Christ, Henry, now abbot of the place aforesaid, and the convent thereof; that they may appropriate, annex, unite, and incorporate the vicarage of the church of Clee, to them and their successors and their said abbey of Welhowe, and it is so appropriated, annexed, united and incorporated, together with the aforesaid church of Clee, to have and hold to them and their successors aforesaid, and their abbey aforesaid, for ever, without hinderance or impediment, of us or our heirs, justices, escheators, sheriffs, or other bailiffs, B 2

officers,

1431. Silva cædua. Prohibition.

Appropriations.

officers, or ministers, of us or our heirs whatever, any statutes or ordinances to the contrary made; or because that the advowson of the said vicarage is parcel of the foundation of his said abbey, notwithstanding. In witness whereof, &c.

THE

9 Hen. 6. 4 Rot. Parl. 382. (1) 1 Gw. 18.

HE commons (reciting the stat. of 45 Edw. 3.) say, that now so it is, that divers liege subjects of our Lord the King are impleaded and troubled in court-christian for the said causes, who thereupon come into the chancery of our Lord the King, in order to have a writ of prohibition and of attachment, according to the effect of the said statute, which writs are denied them against law and right, wherefore that it may please our Lord the King, by the advice and consent of the lords spiritual and temporal, in this present parliament, to ordain by the authority of the same parliament, that those persons who feel themselves aggrieved against the ordinance of the said statute, may have writs of prohibition and attachment thereupon, according to the effect of the said statute: and in case any such prohibition or attachment be denied to any of his liege subjects in the chancery of our Lord the King, that then such writs of prohibition and attachment be granted, as well in the bench of our Lord the King, as in the common bench; and that the writs of prohibition and attachment, issuing out of those benches, may have the same force and effect, as the original writs of prohibition and attachment so issuing out of the chancery of our Lord the King; provided always, that all those who sue out such writs of prohibition and attachment in one bench, or the others, before that the writs be granted to them, shall swear before the justices of the bench, whence the said writs of prohibition shall issue, that they were denied to them in the chancery.

Answer. Let the statute before made be kept and executed according to the tenor thereof.

(1) In 10 Hen. 6. 4 Rot. Parl. 406. and in 11 Hen. 6. 4 Rot. Parl. 451. there are like petitions, almost in the same words, to which

THE

the answer in the latter is, "the King will advise upon it;" but the proviso at the end of this is in both omitted.

10 Hen. 6. 4 Rot. Parl. 404. 1 Gw. 18.

HE commons (reciting stat. 4. Hen. 4.) say, forasmuch as in that statute no penalty is imposed upon those who have churches to their own use, in case they suffer the vicarages therein to be inofficiate, and therefore in several parts of the kingdom they have suffered the said vicarages by the insufficient endowments thereof, and for their own gain, to be inofficiate and void for several years, by reason whereof in many parishes in the kingdom, old men and women have died without confession, or receiving any other sacrament of holy church, and infants have died without baptism, whereby several mischiefs and inconveniences from day to day happen, to the great dishonour of holy church; they pray therefore, that it may be ordained by this present parliament, that if any religious or men of holy church, of what estate or condition soever they be, who have or hold any churches to their own use, hereafter suffer the vicarages of such churches to be inofficiate, without a resident vicar thereon, for six months; that the same churches so holden to their own use, with all their appurtenances and dependencies, be absolutely disappropriated and disamortised for ever, saving only to the said religious and men of holy church their patronage therein, as they had before any appropriations were made of the said churches, or they were holden to their proper use, without having or retaining any pension, portion, annuity, or other charge whatever, and saving to the ordinaries their right by lapse.

Answer. The King will advise upon it.

19 Hen. 6.

THE

19 Hen. 6. Rot. Parl. 10 Rymer's F. 802.

1440.

HE Lord King to all to whom, &c. Health.-Know ye that we fully Alien priories. confiding in the fidelity and circumspection of the venerable fathers in Christ, Henry, archbishop; John, bishop of Bath and Wells; John, bishop of St. Asaph; and William, bishop of Salisbury; and of our beloved and faithful cousin William, earl of Suffolk; and also of our beloved John Somerseth, Thomas Bekyngton, Richard Andrewe, Adam Moleyns, clerks: John Hampton, James Finys, esquires, and William Tresham; and by reason of the great confidence which we place and have in the aforesaid persons, have given and granted to them all those priories, manors, lands, tenements, rents, services, pensions, portions, apports, and possessions, being within our kingdom of England and Wales, and the marches of Wales aforesaid, (which are called the late priories and possessions of aliens,) lately appertaining or belonging to any religious house or houses in parts beyond the seas, and in our hands now being; to have and to hold to them, their heirs and assigns, of us and our heirs, by fealty only, for all services, burthens, exactions, and demands, from the feast of Easter last past for ever, together with the advowsons of all the said priories, rectories, churches, vicarages, chapels, chantries, hospitals, and other ecclesiastical benefices, which are now called, or lately were called, the priories and possessions of aliens, being within our said kingdom of England and Wales, and the marches of Wales aforesaid, lately appertaining and belonging to any such house or houses in the said parts beyond the seas; together also with all knights' fees, franchises, and liberties whatsoever, to the said premises, or any of them, in any manner belonging or appertaining.

We have granted also to the safd archbishop, bishops, earl, John, Thomas, Richard, Adam, John, James, and William, all and singular rents and farms, which any person or persons is or are bound to render to us for any such priories, manors, lands, tenements, rents, services, pensions, portions, apports, and possessions whatsoever; to have and to hold the same rents and farms, together with the reversions as well of the said priories, manors, lands, tenements, rents, services, pensions, portions, apports, and possessions, when they shall happen, or may or ought to come in any manner to our hands, or the hands of our heirs, as of any other priories, manors, lands, tenements, rents, services, pensions, portions, apports, and possessions, within our kingdom of England and Wales, and the marches of Wales aforesaid, which are now, as is aforesaid, called, or lately were called, the priories and possessions of aliens, lately belonging or appertaining to any religious house or houses in the said parts beyond the seas, which any person or persons holds, hath, or occupies, hold, have, or occupy, for term of life by the courtesy of England, or in dower, or in fee-tail, or otherwise, for term of years, of our own grant or demise, or of the grant or demise of any of our progenitors, and which, by or after the decease of the said person or persons, or of any other person, or by any other means, may and ought to come, fall, revert, or remain, to and in our hands, or the hands of our heirs, to the said archbishop, bishops, earl, John, Thomas, Richard, Adam, John, James, and William, their heirs and assigns, from the feast aforesaid for ever, of us and our heirs, by fealty only for all the services, exactions, and demands.

And this, though express mention be not made in these presents of the real yearly value of all and singular the premises, or any of them, or of any gifts and grants heretofore made to the said archbishop, bishops, earl, John, Thomas, Richard, Adam, John, James, and William, or any of them, by us or any of our progenitors, or any statute, ordinance, or provision, heretofore to the contrary published, ordained, or provided, notwithstanding.

In witness, &c.-Witness the King, at his castle of Windsor, the twelfth day of September.

By the King himself, and of the date aforesaid, by the authority of parliament.

1

23 Hen. 8.

1531.

Spiritual court.
Diocese.

23 Hen. 8. chap. 9.

WHERE great number of the King's subjects, as well men, wives,

servants, as other the King's subjects, dwelling in divers dioceses of this realm of England, and of Wales, heretofore have been at many times called by citations, and other processes compulsory, to appear in the arches, audience, and other high courts of the archbishops of this realm, far from, and out of the diocese where such men, wives, servants, and other the King's subjects been inhabitant and dwelling, and many times to answer to surmised and feigned causes, and suits of defamation, withholding of tithes, and such other like causes and matters, which have been sued more for malice, and for vexation, than for any just cause of suit.

2. And where certificate has been made by the summoner, apparitor, or any such light literate person, that the party against whom any such citation had been awarded, had been cited or summoned, and thereupon the same party, so certified to be cited or summoned, has not appeared according to the certificate, the same party therefore had been excommunicated, or at the least suspended from all divine service; and thereupon, before that he or she could be absolved, had been compelled, not only to pay the fees of the court, whereunto he or she was so called by citation, or other process, amounting to the sum of 2s. or 20 d. at the least; but also to pay to the summoner, apparitor, or other light literate person, by whom he or she was so certified to be summoned, for every mile being distant from the place where he or she then dwelled, unto the same court whereunto he or she was so cited or summoned to appear, 2d. to the great charge and impoverishment of the King's subjects, and to the great occasion of misbehaviour and misliving of wives, women, and servants, and to No person shall the great impairment and diminution of their good names and honesty: Be it therefore enacted by the King our Sovereign Lord, with the assent of the lords spiritual and temporal, and the commons, in this present parliament assembled, and by authority of the same, that no manner of person shall be henceforth cited or summoned, or otherwise called to appear by himself, or herself, or by any procurator, before any ordinary, archdeacon, commissary, official, or any other judge spiritual, out of the diocese, or peculiar jurisdiction where the person which shall be cited, summoned, or otherwise (as is aforesaid) called, shall be inhabiting and dwelling, at the time of awarding, or going forth of the same citation or summons; except that it shall be for, in, or upon any of the cases or causes hereafter written; that is to say, for any spiritual offence or cause committed or done, or omitted, foreslowed, (1) or neglected to be done, contrary to right or duty, by the bishop, archdeacon, commissary, official, or other person having spiritual jurisdiction, or being a spiritual judge, or by any other person or persons within the diocese, or other jurisdiction, whereunto he or she shall be cited, or otherwise lawfully called to appear and answer.

be cited out of the diocese where he dwells, but in certain

cases.

3. And except also it shall be by or upon matter or cause of appeal, or for other lawful cause, wherein any party shall find himself or herself grieved or wronged by the ordinary, judge or judges of the diocese or jurisdiction, or by any of his substitutes, officers, or ministers, after the matter or cause there first commenced, and began to be shewed unto the archbishop, or bishop, or any other having peculiar jurisdiction, within whose province the diocese or place peculiar is; or in case that the bishop, or other immediate judge or ordinary dare not, nor will not convent the party to be sued before them; or in case that the bishop of the diocese, or the judge of the place, within whose jurisdiction, or before whom the suit by this act shall be commenced and prosecuted, be the party directly or indirectly to the matter or cause of the same suit; or in case that any bishop, or any inferior judge, having under him jurisdiction in his own right and title, or by commission, make request, or instance to the archbishop, bishop, or other superior ordinary or judge, to take, treat, examine, or determine the matter before him, or his substitutes, and that to be done in cases only where the law civil or canon does affirm execution of such (1) Foreslowed, delayed, obstructed.

request,