Abridgment of Ecclesiastical Laws, Treatise · Chapter 29
CHAP. XXIX.
Of Abbots and Abbies; alſo of Chauntries; and of the Court of Augmentations.
1. Abbot, what; why ſo called; the ſeveral kinds thereof; and how many anciently in England.
2. A famous Abbot anciently in Ireland: The manner of their Election preſcribed by the Emperour Juſtinian: Anciently the Peers of France were frequently Abbots.
3. The ancient Law of King Knute concerning Abbots.
4. The Abbot, with the Monks, making a Covent, were a Corporation.
5. Abbots were either Elective or Preſentative; they were Lords of Parliament: How many Abbies in England, and which the moſt Ancient, Founded by King Ethelbert.
6. Chaunter and Chauntries, what, and whence ſo called; their uſe and end; 47 belonging anciently to St. Pauls in London; when and by what Laws their Revenues were veſted in the Crown.
7. Before King John's time Abbots and Priors were Preſentative, afterwards Elective.
8. Six Differences taken and Reſolved in a Caſe at Law touching Chauntries.
9. Certain Caſes in Law touching Lands, whether under pretence of Chauntries given by the Statute to the King, or not.
10. What the Court of Augmentations was, the end and uſe thereof, when Erected, how Eſtabliſhed, and by whom Diſſolved.
(1.) ABba and Abbas have one and the ſame ſignification, therefore Abbots are called Patres. c. ult. de Regular. Tuſeh. Concl. 3. nu. 7. It is either an Hebrew or Syriack word, ſignifying Pater with the Greeks and Latins, from the two firſt Hebrew Elements or Letters, Aleph and Beth inverted; which Name the Monks firſt aſſumed at their Original in Syria and Egypt. And although now in this Kingdom we know no more of this word [Abbot] than the very Name thereof;Marſil. Calvin. yet for his Antiquities ſake he hath the Alphabetical precedence in the Index of this Abridgment, whether he be Archimandrita, Novel. Conſt. 115. or Coenobiarcha, or Archimonachus. Hottom. in ver. Feuda. Marſil. colum. de Eccleſ. redit. c. 15. nu. 5, 6. whether Miter'd, and thereby exempt from the Dioceſan's Juriſdiction, as having within their own Precincts Epiſcopal Authority in themſelves, and being Lords in Parliament, whence called Abbots Sovereign, 9 R. 2. c. 4. Or not Miter'd, but ſubject to the Dioceſan in all Spiritual Government. c. Monaſteria. 18. q. 2. c. Abbas, &c. Viſitandi, cum 4. ſeq. ibid. Omnes 16. q. 7. & c. cum Venerabilis. Extra. de Relig. Dom. vid. Stow. Ann. p. 442. So called Abbas, becauſe he is Pater Monachorum, Januen. in ſuo Cathol. glo. Jo. Andr. de Reſcript. c. 1. verb. Abbates. in Clem: & Coke de Jure Eccleſiaſt. fo. 28. and hath the chief government of a Religious Houſe, and who with the Monks makes a Covent; of theſe Abbots, together with two or three Priors there, were heretofore in England about the number of Thirty in all. What Conſecration is to a Biſhop, that Benediction is to an Abbot, but in divers reſpects; for a Biſhop is not properly ſuch until Conſecration; but an Abbot being Elected and Confirmed, is properly ſuch before Benediction. cap. de Suppl. negl. Prael. lib. 1. & 10. Clem. §. Statuimus, de Stat. Monach. in Clem. & cap. Meminimus, de Accuſat.
(2.) The Venerable Mr. Bede ſpeaks of an Iſland in Ireland, which ever had an Abbot veſted with ſuch power and authority, that every Province, yea, and the Biſhops themſelves were under his Government, and ſubject to his Juriſdiction: Beda, lib. 3. de Geſtis, cap. 3. Spelm. de Prim. Eccleſ. Angl-Sax. An. 603. The Emperour Juſtinian in the Firſt Book of his Codes hath expreſly ordained and preſcribed the manner and form of the Election and Confirmation of an Abbot, and what perſons they ought to be, and how qualified, that ſhall be accounted worthy of that Eccleſiaſtical Dignity. C. l. 1. tit. 3. l. 47. & l. 40. De Epiſc. & Cler. & Novel. 5. cap. 9. & Novel. 123. c. 34. Mr. Blount in his Nomo-Lexicon takes notice of the word [Abbacy] and ſaies, it is the ſame to an Abbot, as Biſhoprick is a Biſhop, reſembling it to the word Paternity, and a very Ancient Record wherein that word is uſed. An. 34, & 35 H. 8. c. 17, 18. Sciant.... quod Ego Iſabella Comitiſſ. Penb. pro Salute Animae meae Dedi Deo & Abbathiae de Nutteleg. totam Wicham juxta dictam Abbathiam, &c. In theſe latter Ages the Abbots, through the ſavour of Princes, and their reſpect to the Church, have been reputed as Peers and Secular Lords, to whom the granted the Provenues of Abbacies proportionable to ſuch Dignity for the ſupport thereof: Thus many of the Peers of France have very anciently and frequently been Abbots, as appears by Paradine, who wrote the Annals of Burgundy nigh Seven hundred years ſince, and then affirmed, that he had ſeen very Ancient Records, wherein the Peers of France uſed theſe ſtyles and diſtinctions, viz. Duke and Abbot, Earl and Abbot, &c. Guil. Paradin. Annal. Burgund. lib. 2. ſub. An. 1103. & Prat.
(3.) Notwithſtanding the ill opinion, which in theſe daies not without cauſe is conceived of the Ancient Abbies, yet it cannot without ſome breach of charity be well ſuppoſed; but that ſuch Houſes, commonly called Religious, were in the primitive and true intent thereof better purpoſed by the Founders, than after practiſed by their Inhabitants; for by the Law made in the daies of K. Knute nu. 6. i: is evident, what ſtrict Devotion and blameleſs Converſation the Ancient Princes of this Realm expected from ſuch as then poſſeſſed theſe Abbies: The Law was this, viz. We will that Gods Miniſters, the Biſhops, Abbots, &c. do in a ſpecial manner take a right courſe, and live according to Rule; that they call to Chriſt night and day, much and oft, and that they do it earneſtly: And we Command them, that they hearken to God, and love Chaſtity: Full truly they wit, that it is againſt the Right, to meddle with Women for Luſts ſake: Annot. Ridl. View, &c. cap. 4. Sect. 1. Whereby it ſeems theſe Spiritual Fathers were ſuſpected of old to incline to the Fleſh all daies of the week. An Abbot might be Preſented to a Church, for he was capable of an Appropriation, whereby he was perpetual Parſon Imparſonee, and had Curam Animarum. 34 H. 6. 15.
(4.) The Abbot, or the chief Head of Abbies, being together with the Monks of the ſame Houſe, a Covent, made a Corporation, and was not by the Common Law further charged with his Predeceſſors Acts, than for ſuch things as were for the uſe of the Houſe, or ſuch Acts as were done under the Common-Seal thereof aTerms Law, verb. Abbot.. And albeit a Creditor had a Specialty againſt a Monk; yet not the Abbot, but the Monk's Executors were chargeable for his Debt contracted before his entry into Religion, unleſs it were for ſome ſuch thing as came to the uſe of his HouſebIbid..
(5.) Of theſe Abbots ſome were Elective, others Preſentative; and under this Title were comprehended other Corporations Spiritual, as Prior and his Covent, Friers, Canons, and ſuch like: And as there were Lord-Abbots: ſo there were alſo Lord-Priors, who had exempt Juriſdiction, and were Lords of Parliament: Co. de Jur. Eccleſiaſt. fo. 28. a. It is ſuppoſed, that the Abbot of St. Auſtins in Canterbury was the Ancienteſt of any in this Kigdom, Founded by King Ethelbert in An. An. 602.602. And next to him in Antiquity the Abbot of Weſtminſter, Founded by Seabert King of the Weſt-Saxons, An. 604. Some difference there is among Authors touching their Number in this Realm, whereof ſome reckon but Twenty ſix. Sir Edw. Coke ſays they were Twenty ſeven Abbots and Two PriorscCo. on Litt. fo. 97.. But a very Modern Writer gives us a Catalogue of no leſs than Thirty three Abbots and PriorsdMr. Bl…unt in his … Lox.; whereof ſome were Priors Alie…s born in France, Governours of Religious Houſes, erected for Foreigners here in England, ſuppreſſed by Henry the Fifth after his Conqueſts in France, and their Revenues after given by Henry the Sixth to other Monaſteries and Houſes of Learning, ſpecially for the crecting of Kings Colledge in Cambridge and Eaton, Stow, Annals, p. 582. 1 H. 5. c. 7.
(6.) Chaunter [Cantator] A Singer in the QuireeAn. 13 El. cap. 10.. At St. Davids in Pembrokeſhire, the Chaunter is next to the Biſhop, there being no DeanfCamb. Bri.. Chauntry [Cantaria] Aedes ſacra; ideo inſtituta & dotata praediis, ut Miſſa ibidem cantaretur pro anima Fundatoris & Propinquorum ejus. Theſe were commonly Little Chappels; or particular Altars in ſome Cathedral or Parochial Church, endowed with Lands or other Revenues, for the maintenance of one or more Prieſts, to officiate as aforeſaid; whereof mention is made in certain Statutes of this Realmg37 H. 8. cap. 4. 1 Ed. 6. c. 14. 15 Car. 2. c. 9., though not to ſuch Superſtitious uſes as aforeſaid. A man might make a Chauntry by Licenſe of the King without the Ordinary, for the Ordinary had nothing to do there with: 9 H. 6. 16. It might be Founded in a Cathedral Church, alſo in any other Church: 9 H. 6. 17. Roll. Abr. ver. Chauntry, lit. A. Q. 387. Of theſe Chauntries there were (it ſeems) 47 belonging to St. Pauls Church in London hv. Dugdales Hiſt. Eccl.. The Superſtitious main uſe and int…nt of theſe Chauntries originally was for Prayers for Souls departed, under a ſuppoſition of Purgatory, and of being releaſed thence by Maſſes Satisfactory; and as in Adam's Caſe, fo. 112. mentioned by Sir Hen. Hobart Chief Juſtice in the Caſe of Pitts againſt James, That Prayer for ſuch Souls was the general matter of all Obits, Anniverſaries, and the like, which were but ſeveral Forms of Prayers for Souls: And (as in the ſaid Caſe of Pitts) if a man give Land to a Pariſh-Prieſt to pray, or ſay Maſs for his Soul; this is within the Law, that is within the Statutes of 37 H. 8. c. 4. and 1 Ed. 6. c. 14. as it is held 16 Eliz. Dyer, 337. for to this purpoſe he is a Souls-Prieſt, not a ParochialiTrin. 12 Jac. rot. 2187. Caſe Pitts verſ. James. Hob. Rep.. By which Statutes all Chauntries, and all their Lands and Hereditaments are given to the Crown, and all Lands, Rents, and Profits given to the finding of a Prieſt for the Superſtitious ends aforeſaid, to continue for ever, are veſted in the actual poſſeſſion of the King, and of his Heirs and Succeſſors for ever, who ſhall alſo have by the ſaid Statute of 1 Ed. 6. all the Common Goods of ſuch Chauntries, and the Debts thereof ſhall be paid to the Kings Treaſurer; and ſhall alſo have all Lands, and all ſuch Sums of money, and part of the iſſues of Lands given for the maintenance or for the finding of any Anniverſaries, Obits, Lights, Lamps, &c. Only the ſaid Act doth not extend to ſuch Lands, as whereof the Governours of ſuch Colledges as were mentioned therein, or Chauntries, were ſeized to their own uſes, nor to any Lands or Rents given by the King for the term of his life only, nor to any Copyhold-Lands; and all Rents and yearly profits due to any Patron, Donor, and Founder of any of the ſaid Chauntries, &c. and the Right of others (except the Governours of Houſes) are by the ſaid Act ſaved to themkSt. 1 Ed. 6. c. 14.: All Chanteries, Colledges, Free-Chappels and Hoſpitals, were by Parliament given to King H. 8. for the carrying on the War againſt France and Scotland. Towards the Charges of which Wars the King obtained a Grant in Parliament of the ſame, with the Lands thereto belonging, to be united to the Crown: But dying before he took the benefit thereof, he left that to ſuch of his Miniſters, who had the managing of Affairs in his Son's Minority: Heyl. Hiſt. Eccleſ. pag. 12. In the Reign of King Ed. 6. one of the great Affairs was the retrieving of a Statute made in the 27th year of King H. 8. by which all Chanteries, Colledges, Free-Chappels, and Hoſpitals, were permitted to the diſpoſing of the King for term of his life; but the King dying before he had taken many of them into his poſſeſſion, it was ſet on foot again in the time of King Ed. 6. and by Parliament during his Reign it was Enacted, That all ſuch Colledges, Free-Chappels, and Chanteries, as were in being within Five years of the preſent Seſſion, which were not in the Actual poſſeſſion of the ſaid late King, &c. other than ſuch as by the Kings Commiſſions ſhould be altered, tranſported, and changed; together with all Mannors, Lands, Tenements, Rents, Tithes, Penſions, Portions, and other Hereditaments, to the ſame belonging, after the Feaſt of Eaſter then next coming, ſhould be adjudged and deemed, and alſo be in the Actual and Real poſſeſſion and Seiſin of the King, his Heirs and Succeſſors for ever. And although the Hoſpitals, being at that time 110, were not included in this Grant, as they had been in that to the King deceaſed, &c. yet there were 90 Colledges within the compaſs of that Grant (thoſe in the Univerſities not being reckoned in that Number) and no ſewer than 2374 Free-Chappels and Chanteries; the Lands whereof were thus conferr'd upon the King by Name, but not intended to be kept together for his benefit only. In which reſpect it was very ſtrongly inſiſted on by Archbiſhop Cranmer, That the diſſolving of theſe Colledges, Free-Chappels, and Chanteries, ſhould be deferred until the King ſhould be of Age; to the intent that they might ſerve the better to furniſh and maintain his Royal Eſtate, than that ſo great a Treaſure ſhould be conſumed in his Non-age, as it after was. Theſe Chanteries conſiſted of Salaries allowed to one or more Prieſts, to ſay daily Maſs for the Souls of their deceaſed Founders and their Fri…rds: which not ſubſiſting on themſelves, were generally incorporated and united to ſome Parochial, Collegiate, or Cathedral Church. No fewer than 47 in Number being (as aforeſaid) found and Founded in St. Pauls Free Chappels, though Ordained for the ſame intent, were independent of themſelves of ſtronger Conſtitution and richer Endowment, than the Chanteries ſeverally were. All which Foundations having in them an admixture of Superſ… tion (as preſuppoſing Purgatory, and Prayers to be made for the deliverance of the Soul from thence) were therefore now ſuppreſſed upon that account. Heyl. Hiſt. Eccleſ. in temp. Ed. 6. pag. 50, 51.
(7.) Before King John's time the King and other Founders and Patrons of Priories and Abbies, were wont to preſent Priors and Abbots l11 H. 4. 68. ….: But by King John there was a Free Election granted unto PriorsmIbid..
(8.) In Adams and Lambert's Caſe, touching Chanteries theſe differences were taken: (1) If one give 20 l. per annum for the Finding of a Prieſt, and limit to the Prieſt 10 l. per annum; all is given to the King, for the reſidue ſhall be intended for the finding of Neceſſaries: otherwiſe it is, if a Condition be annexed to the Gift, to give 10 l. per annum to a Prieſt, there the King ſhall have but 10 l. (2) Land of 20 l. per annum is given to find a Prieſt, with 10 l. per ann. thereof, and that the other 10 l. ſhall be to the Poor, the King ſhall have but 10 l. But if it be for finding a Prieſt and maintenance of Poor men, without limiting how much the Prieſt ſhall have, the King ſhall have the Land, for otherwiſe he ſhall have nothing. (3.) If Land of 20 l. is given for finding Salary for a Prieſt with 10 l. of it, and alſo a good uſe is limited, there the King ſhall have but 10 l. although the other Neceſſaries are to be found for the Prieſt, becauſe a good uſe in certain ſhall be preferred before a Superſtitious incertain uſe; but if nothing in certain be limited to the Prieſt, the King ſhall have the Land. (4) If Land be given to find a Prieſt, the King ſhall have it; but if a Prieſt have but a Stipend, the King ſhall have but the Stipend. (5.) When a certain Sum is limited to a Prieſt, and other good uſes are alſo limited, which depend upon the Superſtitious uſe, all is given to the King. (6.) If all the uſes be Superſtitious, of what certainty ſoever they are, the Land is given to the King; otherwiſe it is, if there be any good uſenCo. 4. … dams and Lamber… 's Caſe. 4… & 45 Eliz. B..
(9.) The Caſe was where A. deviſed to the Dean and Chapter of Y. 400 l. to the intent to find a Chantery in their Church perpetually, and an Obit for the Soul of D. and that the Chantery-Prieſt ſhould have 40 Marks yearly; King H. 4. gave Licenſe to the Dean and Chapter to purchaſe divers Lands in F. ad onera & opera pietatis: In the Will of A. they purchaſed Houſes in F. and made Ordinances how the Prieſts ſhould be maintained, and obliged themſelves & omnia bona ſua ad performandum; and they employed 8 l. for the maintenance of the Prieſt, and other Sums for the Obit: Reſolved, That this was not a Chauntery, either in truth or in reputation, within the intent of the Statute of 1 Ed. 6. becauſe here are not any Lands given by A. and his Intent cannot make a Chauntery, nor appoint any Lands thereunto, but obliged their Goods for the payment of an Annual Sum to a Prieſt; and when no Lands are given, nor employed to that purpoſe, it is not reaſon they ſhould be given to the KingoMich. 2 Jac. B. R. H…ll…way and Watkins Caſe. Cro. par. 2..
A Freeman of London ſeized of Meſſuages of the value of 9 l. 4 s. per ann. out of which a Quit-rent of 42 s. per ann. was paid, 6 H. 7. deviſed the ſame to the Parſon and Churchwardens of the Pariſh of S. and their Succeſſors, That the Churchwardens ſhould receive the Profits thereof, and therefore ſhould find a Chaplain for ever, to pray for the Soul of him and his Anceſtors, and to find an Anniverſary, expending yearly on it 13 s. 4 d. and the Reſidue of the profits thereof to be expended and employed about the Reparations of the ſaid Church; which were done accordingly. The Queſtion now was, Whether theſe Meſſuages were given to the King by the Statute of 1 Ed. 6. of Chaunteries. It was ſaid, part of the Profits were given for a good uſe, and that ſhould ſave the Lands: But Reſolved, becauſe that was incertain, for it is (ſi quid fuerit) and alſo for that it appeareth, That the Superſtitious uſes and the Quit-rent did amount to the full value of the Meſſuages; and the value ſhall be taken as it was at the time of the making of the Will, and not to be of any greater value; that the ſaid Meſſuages were given to the King by the ſaid StatutepPaſch. 12 Car. B. R. Humphreys & Knight's Caſe. Cro. par. 3..
A man deviſed two Houſes in L. to the Churchwardens of S. (1) To find an Obit, and to beſtow 3 s. per annum upon the ſame Obit. (2.) The reſidue of the Profits to Repair the ſaid Church of S. and to provide Ornaments in the ſaid Church. In this Caſe it was Adjudged, That by the Statute of 1 Ed. 6. no more of the Land was to the King, than was given to the Obit; and the Deviſe to the other uſes of the reſt was goodqHart and Brewer's Caſe. Cro. par. 1..
A Citizen and Freeman of London ſeized of divers Meſſuages and Tenements of the yearly value of 30 l. 6 s. 8 d. by his Will before the Statute of 1 Ed. 6. Deviſed the ſame to the Corporation of Skinners of London, and that 42 s. 8 d. thereof ſhould be employed upon an Obit, and 12 Marks yearly thereof upon the Prieſt, and the reſidue to be employed upon Poor men of the Corporation decayed by Misfortune, who inhabited the ſaid Meſſuages and Tenements, and appointed the ſaid Poor men to pray for his Soul, and further with the Profits to repair the Meſſuages and Tenements, and after the Statute of 1 Ed. 6. was made of Chanteries. It was the opinion of the Court, (1) That Lay-Corporations are excepted out of the Statute for their Lands, which they have to increaſe their Treaſure for the good of the Corporation, but not for Lands which they have to employ to Superſtitious uſes. (2) Reſolved, That all the money which was given for the Obit, and the finding of a Prieſt, was a Superſtitious uſe, and given to the King by the Statute; but that which was given for the maintenance of the Poor men, and although it was appointed them to pray for his Soul, which was a Precept ſuitable for that time, and which was given for the Reparation of the Meſſuages, was not given to the Crown by the ſaid Statute: And Turner's Caſe was vouched to be Adjudged, where Land was given to the intent, that his Feoffees ſhould keep an Obit with ſo much of the Profits of it as they ſhould think fit in their diſcretion, that the Land thereby was not given to the Crown, but ſo much of the yearly Rent as the Feoffees employed to that purpoſe; and if they had employed nothing that way, then nothing was given to the Crown: In the principal Caſe it was Adjudged againſt the Queen and InformerrThe Caſe of the Skinners of London.. And in the Caſe between the Queen and Palmer it was ſaid by Anderſon Chief Juſtice, That where a Gift is made to ſuſtain Poor men and Maſs-Prieſts, without limiting a certain quantity, how much to one uſe, and how much to the other uſe, there the Queen ſhall have the whole Land: But if the quantity was appointed as to one uſe, and how much to the other uſe, there the Land is not forfeited, but only ſo much as is employed to the Superſtitious uſessPaſch. 30 Eliz. More's Rep▪.
(10.) In order to the better execution of the Premiſſes, there was a Court eſtabliſhed, commonly called the Court of Augmentations, erected as a Court of Record, by Authority of Parliament An. 27 H. 8. which was to have one Great Seal, and one Privy Seal; conſiſting of a Chancellor as the chief and principal Officer thereof, a Treaſurer, Attorney, Sollicitor, Clerk, Uſher, and Meſſenger. All Lands, &c. belonging to Monaſteries, Priories, and other Religious Houſes, and Purchaſed Lands were within the ſurvey and government of this Court; which (as the Lord Coke ſays) could not be erected but by Parliament, becauſe a Chancellor and a Court of Equity were conſtitutedtCo. Inſt. p. 4. cap. 15.. There were alſo other Miniſterial Officers that had relation to this Court; for there were Ten Auditors, called Auditors of the Revenues of the ſaid Augmentations, and Seventeen particular Receivers of the ſaid RevenuesuSt. 27 H. 8. c. 27.. This Court of Augmentations, together with the Court of General Surveyers, being repealed, diſſolved, extinguiſhed, and determined by King H. 8. by his Letters Patents in the 38th year of his Reign, a new Court of Augmentations was erected by his Letters Patents; which Repeal and Diſſolution thereof was held void in Law, becauſe they had been erected by Authority of Parliament: For which reaſon alſo the new Erection of the new Court of Augmentations was held likewiſe void; and therefore the ſaid Letters Patents, as well for the diſſolution of the former, as for the erecting of the latter new Court of Augmentations, were after confirmed and eſtabliſhed by a Statute enacted by King Ed. 6.xSt. 7 E. 6. c. 2. vid. the Re…earſal of the Stat. & Coke ubi ſupr. c. 16.. But afterwards Q. Mary, according to the power given her for diſſolution of the ſaid Court by Act of Parliament, did diſſolve the ſame by her Letters Patents, Dat. 1. Jan. in primo Regni, and the day next following by other Letters Patents united the ſame to the Exchequer, which was utterly void, becauſe ſhe had diſſolved the ſame before: So as ſhe purſued not her Authority; and ſo it was Reſolved by all the JudgesyCo. ibid. & Dyer 4 Eliz. 16.. The end and intent of this Court was, that the King might be juſtly dealt with touching the profit of ſuch Religious Houſes; and the Court took its name from this, that the Revenues of the Crown were ſo much augmented by the ſuppreſſion of the ſaid Religious Houſes and their Lands; for by the ſuppreſſing of ſome, and the ſurrendring of other Religious Houſes, the Royal Intrado was ſo much increaſed in the time of H. 8. that for the better managing of it, the King erected firſt the Court of Augmentations, and afterwards the Court of Surveyors▪ But in ſhort time, what by the profuſeneſs of ſome, and the avariciouſneſs of others, it was at laſt ſo retrenched, that it was ſcarce able to find work enough for the Court of Exchequer. Hereupon followed the diſſolving of the ſaid Two Courts in the laſt Parliament by this KingzHeyl. Hiſt. Eccl. p. 135..