Abridgment of Ecclesiastical Laws, Treatise · Chapter 31
CHAP. XXXI.
Of Altarage.
1. The genuine ſignification of the word Altarage, what is comprehended under that word: Two Caſes at the Common Law touching Altarage.
2. A ſevere Canon made by Cardinal Otho againſt the groſs abuſe of Altarage; an Artifice to defeat that Canon: And whether Altarages may be let to Farm.
3. Whether Tithe-Wool will paſs by the word Altaragium?
4. The word Altaragium ſhall be expounded according to the uſe and eugome of the place.
5. Whether Tithe-wood may paſs to the Vicar by the word Altaragium.
(1.) ALtarage or Altaragium, a word though now ſomewhat obſolete, yet in ſignification of Eccleſiaſtical cognizance, and in the intent thereof practicable at this day. Mr. Blount in his Nomo-Lexicon takes notice thereof, as a word which comprehends not only the Offerings made upon the Altar, but alſo all the profit which accrues to the Prieſt by reaſon of the Altar, Obventio Altaris. And for further proof and illuſtration of this matter, there cites a Preſident out of the Orders and Decrees of the Exchequer in the Reign of Queen Elizabeth to this effect, That upon hearing of the Matter between R. T. Vicar of Weſt-Haddon, and E. Andrewes, it was ordered, That the ſaid Vicar ſhould have, by reaſon of the words (Altaragium cum manſo Competenti) contained in the Compoſition of the Profits aſſigned for the Vicars Maintenance, all ſuch things as he ought to have by theſe words, according to the Definition thereof made by the Reverend Father in God, John Lord Biſhop of London, upon Conference with the Civilians, viz. &c. all Doctors of Law, h. e. by Altaragium, Tithes of Lamb, Wool, Colt, Calf, Piggs, Goſlins, Chicken, Butter, Cheeſe, Hemp, Flax, Honey, Fruits, Herbs, and ſuch other ſmall Tithes, with Offerings that ſhall be due within the Pariſh of Weſt-Haddon aMich. 21 Eliz. in Scac. inter Turner and Edwards.. The like Caſe was for Norton in Northamptonſhire, heard of late years in the ſaid Court, and upon the Hearing ordered in like manner as aforeſaid. Thus all Oblations, whether in Money or Bread, to ſuch or ſuch an Altar, either out of Devotion or Cuſtome, made either by the Pariſhioners or Strangers, are eſteemed to be offered nomine Altaragii bGloſſ. in Matt. Par. Blount's Nomo-Lex, ver. Altaragium.. Under which Notion may be comprehended Oblations, Obventions, and Offerings, which in effect ſeem to be but as one and the ſame thing, and that which may be called meerly Spiritual, the Oblations being ſuch things Real or Perſonal as are offered or dedicated to God and his Church, which ſeem to be included in Obventions; the other Profits conſiſting in the Tithes Predial or Perſonal, as alſo in the Glebe. John …e Aton in his Gloſs upon Cardinal Otho's Conſtitutions, deſcribing the Proventus ex Altari, ſays, that they are Offerings either in Bread or in Money, or conſiſting in other minute Oblations, vulgarly called Altaragium. Conſt. Otho. cap. Auditu, verb. Proventus, Gloſſ. ibid. Which word extends it ſelf alſo to all things pertaining to the Altar, and relating to the Ornaments thereof, which were by the Canons and Conſtitutions of King Edgar, An. 967. to be Mundiſſima & apprime Concinnata: Canon. 42. Edgar. Reg. è Veterrimo MS. Codice Saxonico, Colleg. Corp. Chriſti Cantabrig. But this cannot referr properly to the word Altaragium otherwiſe than in ſenſu largo; for by the genuine ſignification thereof is meant only the Obventions, Oblations, and Profits of the Altar, not the Ornaments thereof.
(2.) In Cardinal Otho's daies, about 170 years ſince, this Provenue of Altarage was moſt groſly abuſed by many of the Clergy inſomuch that he made a moſt ſevere Canon or Conſtitution againſt the Offenders in that kind; for in theſe daies (as he obſerves in the Canon) theſe Miſerable Prieſts (for ſo he there calls them) to advance the profits of their Vicarages out of their ravenous Covetouſneſs, by the exceſſive gain of their Altarages, would admit none to their Penitential Confeſſions, unleſs they firſt depoſited ſome Money, in purſuance of a precedent Compact (as the Gloſs has it) by way of a Simoniacal extortion, far exceeding the allowed and accuſtomed Altarages or Oblations of the Altar: And therefore, firſt declaring them not only unworthy of all Eccleſiaſtical Benefices, but alſo of the Kingdom of God, did Decree, That the Biſhops in their reſpective Dioceſſes ſhould make a moſt exact Enquiry touching this horrid abuſe, and that all ſuch as were ſound guilty thereof, ſhould be removed from and deprived of the Benefices they poſſeſſed, and for the future be render'd incapable of all Eccleſiaſtical Preferments, and wholly ſuſpended from their Function for ever. Conſtit. Otho. Nè aliquid exigatur pro Sacramentis, fol. 6. verb. Auditu. Notwithſtanding which there being then in uſe and practice another kind of Simoniacal Artifice to advance the exceſs of Altarages, by Letting them and other Eccleſiaſtical Revenues and Profits of the Church to Farm, another Canon or Conſtitution was then alſo Decreed, inhibiting and forbidding all ſuch Farms of Altarages in any kind for the future: Where John de Aton in his Gloſs upon that Canon ſays, it was Conſtituted for the prevention of Simony; and there takes the occaſion to put the Queſtion, Whether it be lawful to allow a Parochial Chaplain for his ſtipend the Annual Obventions of Altarage in whole, or in part? the Negative ſeems (ſays he) to be in…err'd from the Text of that Canon; but in his own opinion he is of another judgment, becauſe it matters not, whether his Salary be paid in Money or any other Eccleſiaſtical thing; and concludes, that an Aſſignment of ſuch Altarages may ſafely be tolerated; and that the Prieſt to whom Altarages are due, may appoint his Proctor to collect the ſame, and being ſo Collected, may lawfully be aſſigned him for his Stipend: And although the Canon forbids the Letting to Farm the Altarages, and other profits of the Church, yet the Gloſs holds that the Temporal Provenues of an Eccleſiaſtical Juriſdiction may be ſold or lett to Farm; but not the Spiritual Right of the Juriſdiction it ſelf. Ibid. Conſtit. N… Dign. tradantur ad firmam, verb. Eccleſias, & Gloſſ. ibid.
(3.) Note, upon Evidence to a Jury, between Brett and Ward, upon the diſſolution of a Vicarage in the County of Warnick, which was part of the Priory of Dantry, where the Pope by his Bull gave to the Vicar Minutas Decimas & Altaragium. And it was certified by the Doctors, That Altaragium will paſs to the Vicar Tithe-wool, &c. and the uſage was ſhewed in Evidence, and the Copy of the Popes Bull; and the Court would not credit that without ſeeing the Bull it ſelf: And ſo the Plaintiff was Non-ſuit, and the Jury was diſchargedcBrett and Ward's Caſe▪ Winch▪ Rep.. Bulla, h. e. properly Veſicula aquae ſuperfluens: But in this caſe a more reverend eſteem was had of the Popes Bull. Bulla is alſo taken for the Boſs of a Nail or Bridle: Hinc Bulla pro Sigillo & pro obſignato Diplomate, in primis literis Pontificum plumbeo ſigillo notatis. Has literas Bullam vocant, quia plumbea bulla arctentur; quemadmodum apud Romanos bulla erat Ornamentum aureum, quod jungebat veſtes: Eſt enim bulla tumor, & ornamentum illud, hoc Bullae nomen retinuit, quamvis in figuram Cordis eſſet fabricatum, ut refert Macro. in 1. Satur. quare aliquoties veſtis ipſa Bullata Bulla nuncupatur; ita & liter… Apoſt. Bulla plumbi munitae, Bullae nuncupantur. Gammar. Extra. Cum tam Divino.
(4.) W. Libels againſt G. in the Eccleſiaſtical Court for Tithes of Wool, Wood, a…d Apples, &c. and he ſhews that he was Vicar there; and that the 8 E. 1. there was a Compoſition, That the Parſon ſhould have the Tithes of Grain and Hay, & praeterea the Vicar ſhould have Altaragium: And for that that thoſe Tithes did not belong to the Vicar, he prayed a Prohibition. And Henden objected, That the Pariſhioner ought to ſet forth his Tithe, and not diſpute the Title of the Parſon or the Vicar; but the Vicar ought to come into the Eccleſiaſtical Court pro intereſſe ſuo: But notwithſtanding that, and notwithſtanding the Vicar refuſes to claim thoſe Tithes, and that alwaies within memory they have been paid to the Parſon, yet a Prohibition was granted: And in the end (upon the Compoſition) power is reſerved to the Ordinary, if any doubt or obſcurity be in the Compoſition, to expound or determine it; and if he pleaſe, to increaſe the part of the Vicar; and there was not power of diminution: As by Hutton, It is alſo uſual in ſuch Compoſitions; and they ſay, That the word Altaragium ſhall be expounded according to the uſe; as if Wood had alwaies been paid to the Vicar by virtue of this word, ſo it ſhall continue, otherwiſe not: And ſo it had been Ruled in the Exchequer; and upon that Preſident it was Ruled accordingly ſo in this Court: And by them Wood is Minuta decima, as in the caſe of St. Albans it was RuleddDr. Wood a…d Gree… wood's Caſe. Hetl. Rep..
(5.) In a Trial at the Barr in an Action of Treſpaſs, the Queſtion ariſing between the Parſon and the Vicar, as touching Tithe-Wood, and to whom the ſame belonged: As to this by the Opinion of the whole Court clearly, the Parſon de mero jure ought to have the Tithe-Wood, if the Vicar be not Endowed of the ſame,Mich. 10 Jac. B. R. Reyn…lds verſ. Gree…. Bulſtr. par. 2. or claims to have it by Preſcription; but without ſuch a Dotation or Preſcription the ſame belongs to the Parſon. Another Queſtion was propounded for the Vicar, who entitles himſelf unto the Tithe-wood by theſe words [Altaragium] and Minutae Decimae, whether theſe words will carry the Tithe-Wood unto him or not: As to this, the expoſition and true definition of this word [Altaragium] is conſiderable, and to whom this is due. [Altaragium] as was obſerved, is that which is due to be ſerved at the Altar. Wil…iams Juſtice, Altaragium is that only and properly which is offered at the Altar, and Minutae Decimae are the Small Tithes; alſo the word [Altaragium] will not carry Tithe-Wood: And this is the Queſtion here, Whether the Vicar by this word [Altaragium] hath Title to the Tithe-Wood? Crook Juſtice, This word Altaragium doth not carry the Tithe-Wood, which are great Tithes, but Minutas Decimas, which are petit ſmall Tithes; Minutae Decimae & Altaragia, the Vicar, as was urged, is to have them by his Compoſition, and that by theſe words he is to have Tithe-Wood. Fleming Chief Juſtice, There is an Uſage here laid in the Vicar to have the Tithe-Wood, by reaſon of theſe words, Altaragia & Minutae Decimae, the which the Vicar can no waies have, but by Preſcription or by ſuch a Uſage; and ſo the ſame may paſs by theſe words Altaragia & Minutae Decimae, and the Uſage had accordingly: Alſo Sheaves of Corn have paſſed by Uſage to the Vicar, by the words Altaragia & Minutae Decimae, and ſo it was Adjudged in the Court of Exchequer. The Judges all agreed in this, That by theſe words Altaragia & Minutae Decimae, by Uſage, Tithe-wood may well paſs; and ſo hath the Opinion of all the Civilians been. Fleming Chief Juſtice, and the reſt of the Judges agreed in this, That by Uſage, the word Altaragia ſhall be accounted inter Minutas Decimas. Williams Juſtice, By the word Altaragia Tithe-Wood doth not paſs; but if the Vicar have uſed to have the ſame, time out of mind, This is good, and ſhall paſs under the words of Minutae Decimae. Fleming Chief Juſtice, Though the Law be againſt it, that Tithe-Wood doth not paſs by theſe words, yet by Uſage it hath been allowed good, to carry Tithe-Wood by theſe words, being of ſmall value; and by ſuch Uſage Tithe-Wood may paſs, though the Law be againſt it.