antiphonar, the grail, the psalter, the troper, the ordinal, the missal, the manual, which are the books: the frontal for the high altar, three surplices, a decent pix for the body of Christ, banners for the rogation days, great bells with their ropes, the holy font with a lock and key, the chrismatory, the images in the churches, the principal image (in the chancel) of that saint to which the church is dedicated; the repair of the books and vestments, with all the things aforesaid, as occasion shall be; the beam-light in the church*, the repair of the body of the church, and building of it, with the steeple within and without, the glass windows, the fence of the churchyards, with the wings of the body of the church, and every thing which is known to belong to the parishioners †. *I do not explain these words here; because I think it will be done more conveniently at the fourth constitution of Archbishop Winchelsey. ⚫ Both copies in Sir H. Spelman (and I have none other) are corrupted; I read thus, calix, missale vestimentum ipsius ecclesiæ principale, casula, de, without making a comma at missale, as if the mass-book were thereby meant, which is afterwards expressly mentioned, and therefore there was no occasion for it here, and deleting viz. before casula. For it is certain a cope, not a chesible, was the principal vestment: and this constitution provides four copes to be found at the parishioners' cost, as Winchelsey's constitution does not. • So our ancestors called the acolyths, or candle-bearers as they are styled. Read alis not aliis. All other things shall belong to the rectors or vicars, according to their several ordinations; that is, the principal chancel with the reparations thereof, as to the walls, and roofs, and glass windows, with desks and benches, and other decent ornaments, that they may sing with the prophet, "Lord, I have loved the comeliness of Thy house," together with the manse of the rectory, and the reparation thereof from time to time. And let rectors or vicars know that they may be compelled to these and other things not written [luminare in ecclesia, S. W.] cum aliis navis ecclesiæ, et singulis aliis, quæ ad ipsos pertinere noscuntur, S. W.] [This is a mistake, the chasuble (casula, amphibalum, planeta) was always the principal mass-vestment, but JOHNSON. N the cope was the principal vestment for processions. See Durandi Rationale, lib. iii. c. 1; also vol. i. of this work, A.D. 960. 33. p. 418-19, and Dr. Rock's Church of our Fathers, vol. ii. p. 448.] in this book, by the ordinaries of the places, according to this and other constitutions approved in this respect. i.e. compositions, or endowments. [Addenda.] '[From hence we may conclude that rectors of churches were bound to have conveniences in their chancels for the priests and clerks to sit and lay their books while they were reading or singing their hours or breviaries. I should not have thought this worth the mentioning, if a late antiquarian in folio had not pronounced all those chancels, where he found such desks and benches (stalls he is pleased to call them) to have had some body of monks, or religious, formerly belonging to them. By this argument he might probably two hundred years ago have proved every church in the county to have belonged to some monastery or college.] [Lynd., P. 191.j * Psal. xxvi. 8, sec. vuly. 2. Because by means of divers customs in demanding tithes in divers churches, great disputes, scandals, and malice arise between rectors and their parishioners, our will is that in all parish churches throughout our ["archbishopric, or archdeaconry] there be an uniform demand of tithes and other ecclesiastical profits*, 'unless the parishioners will redeem them at a competent rate. And our will is that the tithe of hay be paid wherever it grows, whether in great meadows or less, or in the heads of plough-lands†, and to the advantage of the church. As to the feeding of cattle, our will is as to lambs, that for six, or fewer, so many halfpence be paid; for seven lambs, or more, the seventh lamb; but so that the rector who receives the seventh lamb for tithe, pay back three halfpence; [he who receives the eighth a penny, who receives] the ninth a halfpenny; or else the rector may choose to stay till the next year, and receive the tenth and let him that so stays always insist upon the second, or at least the third best of the lambs of the second year; and this on the account of the year's delay. This is also to be applied to the tithe of wool. If the sheep have fed in one parish in the 'winter, in another during summer, let the k [The following passage in Wilkins rum. See Johnson's note i.] : [sive in hortis, W. Spelman has chevicis. Chiminis, i. e. Viis vel semitis; et est vulgare Gallicorum. Lyndwood, gloss, p. 192.] tithe be divided. If any buy or sell sheep between the winter and summer, and it be certain from what parish they came, the tithe is to be divided, "as in case a thing belong to two several houses*: but if this be not certain, let that church within whose bounds they are shorn have the whole tithe. As to milk, our will is that the tithe of it be paid, while it lasts; of cheese in its season, of the milk itself in autumn and winter, unless the parishioners will redeem it; and that to the advantage of the church, our will is, that tithe be paid in full of the " profit of millst. We ordain that tithes be paid 'of pastures of all sorts ‡, whether common or not common, according to the number of the cattle, and the days, and for the advantage of the church§. We ordain, that tithes be demanded and paid in a due manner of fishings, and bees, as of all other things yearly renewing, which are gotten by lawful means. We ordain that P[personal] T tithes be paid of handicrafts and merchants, and of the gains of negociation; as also of carpenters ||, smiths, and weavers, 'masons** and victuallers; that is, let tithes be paid of their wages, unless they are willing (with the rector's consent) to make some certain payment for the benefit, or the lights of the church. In demanding the principal legacy, let the custom of the province with the 'possession of the church be observed; but so that the rector, vicar, or annual chaplain have the fear of God before his eyes in making the demand. But because we hear there are some who refuse to pay tithes, we ordain that parishioners be admonished once, twice, and thrice to pay tithes to God and the Church; and if they persist in their refusal, let them be "suspended from entrance into the church, and so be compelled, if need be, by Church censure to the payment thereof. But when they crave a relaxation, and absolution of the said suspension, let them be sent to the ordinaries of the place to be absolved, and punished in due manner. The rectors, vicars, and [Sicut de re quæ sequitur duo domicilia, Lyndwood. Wilkins omits 'duo' perhaps inadvertently.] 't [et hoc ad valorem decimæ et commodum ecclesiæ. De proventibus autem molendinorum, volumus, quod decimæ exigantur et solvantur, ad valorem proventuum, et hoc nisi domini pro valore proventuum faciant redemptionem. W.] [De pasturis autem et pascuis, Lynd., W.] $ [si expedit ecclesiæ, W.] annual chaplains of churches who do not demand the tithes effectually in manner aforesaid, either for fear or favour of men, or for want of the fear of God, shall be involved in the penalty of suspension, till they pay half a mark to the archdeacon for their disobedience. i Our province, Archbishop Winchelsey. Lyndwood here says, that in some books this is attributed to Archbishop Boniface, in one to an ancient synod at Merton. Boniface held a synod there, Spelman, vol. ii. p. 304*. Archbishop Winchelsey's statute here adds, "first our will is, that tithe of fruits be paid in full, without any deductions, or diminution on account of expenses, and of the fruit of trees, and all seeds, and garden herbst." i Walter Gray's constitution is chevisis in the fore-acres, or heads of plough-land, but Archbishop Winchelsey's cheminis in the high ways. * The words in hooks are not in the constitution of Walter Gray ‡, but therefore the sense is imperfect, and must be supplied from Archbishop Winchelsey's constitution. 1 Winter, says Lyndwood, is from St. Clement's, Nov. 23, till St. Peter's, Feb. 22§. Spring till St. Urban's, May 25. Autumn begins, August 24. St. Bartholomew; but here, says he, winter and summer include the whole year; reckoning from one equinox to the other, or from Michaelmas till Lady-day, or from All Saints to SS. Philip and Jacob, according to several customs. This is a civil law phrase. William Gray's copy says, sicut de re quæ acquiritur ex militia. "Here W. Gray's copy is not intelligible. Lyndwood inclines that tithe was due of the whole profit, or toll of the miller, without any deduction. • W. Gray's copy here has piscariis for pascuis. P This word is not in Walter Gray. Walter Gray has arentaria for carpentariis: it is probably an error of the scribe, or press; if not, we must suppose that he meant tithe of rent. * These are mentioned in Archbishop Winchelsey's constitution only. archiepiscopum Cantuar." Ex quo MS. sequentia exhibemus. Conc. Brit., vol. i. p. 698.] [So Wilkins in this constitution as ascribed to Abp. Gray.] [As given by Spelman, vol. ii. p. 291, but Johnson's emendation is confirmed by the text of Wilkins, vol. i. p. 698.] § [usque 8 calend. Martii sc. Festum Cathedræ Sancti Petri., Lynd. glo., p. 194, Hyeme.] That is, a mortuary, which first was voluntary, and bequeathed by will, and then gradually grew into a custom. * That is, the present manner of paying it. The curate, says Lyndwood on the constitution of Winchelsey, p. 196, may excommunicate in general, and forbid the guilty person entrance into the church, upon condition that such curate be in priest's orders. |