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Selling the Church studies in legal history Published by the University of North Carolina Press in association with the American Society for Legal History Thomas A Green and Hendrik Hartog, editors robert c palmer we Selling the Church The English Parish in Law, Commerce, and Religion, 1350–1550 The University of North Carolina Press Chapel Hill and London ∫ 2002 The University of North Carolina Press All rights reserved we Publication of this work was made possible in part through a grant from the Joseph H Smith Memorial Publication Fund of the American Society for Legal History Designed by Heidi Perov Set in Centaur and Goudy Text by Keystone Typesetting, Inc Manufactured in the United States of America The paper in this book meets the guidelines for permanence and durability of the Committee on Production Guidelines for Book Longevity of the Council on Library Resources Library of Congress Cataloging-in-Publication Data Palmer, Robert C., 1947– Selling the church : the English parish in law, commerce, and religion, 1350–1550 / Robert C Palmer p cm — (Studies in legal history) Includes bibliographical references and index isbn 0-8078-2743-6 (alk paper) Church and state—England—History Parishes—England— History Leases—England—History Benefices, Ecclesiastical— England—History Reformation—England I Title II Series kd8700 p35 2002 274.2%05—dc21 06 05 04 03 2002003831 02 to s f c milsom contents Acknowledgments xi Introduction one The Parish as a Governed Community 10 two The Parish as a Commercial Entity 30 three The Common Law and the Mundane Church 48 four Parish Leases: The Practice 75 five Parish Leases: Conflicts and Consequences 112 six Reforming the Parish by Statute 143 seven Enforcing the Statutes of 1529 173 eight The Dissolution of the Religious Houses 209 conclusion Conceiving the Reformation 247 appendix Baili√ Style of Parish Management 255 appendix Incidence of Nonparish Leaseholds in Common Pleas 259 appendix Parish Leases from the Plea Rolls 263 appendix Enforcement Suits under the Statutes of 1529 274 appendix Request of a Feo√ee 307 appendix Premunire 310 Bibliography 313 Index 319 tables and figures Tables Statutory Penalties 167 Geographical Distribution: Enforcement of the Statutes Compared to Ordinary Litigation in the Court of Common Pleas 187 Distribution of Enforcement Suit Subject Matter 188 Figures Parish Baili√s in Account Cases 78 Leases Granted by Religious Corporations, ca 1400 88 Leases Granted by Religious Corporations, ca 1500 88 Parish Leases Made by Noncorporate Clerics, ca 1400 89 Parish Leases Made by Noncorporate Clerics, ca 1500 89 Enforcement Litigation, 1530-m to 1536-h 175 Enforcement of the 1529 Statutes: The Exchequer 177 Attorney General Management of 1529 Statutory Enforcement Cases 180 Clerical (Noninstitutional) Plainti√s in Common Pleas 253 [ 316 ] bibliography Knowles, David The Religious Orders in England vols Cambridge: Cambridge University Press, 1961 Kumin, Beat A The Shaping of a Community: The Rise and Reformation of the English Parish c 1400–1560 Aldershot: Scolar Press, 1996 Lambert, Malcolm Medieval Heresy: Popular Movements from the Gregorian Reform to the Reformation 2nd ed Oxford: Blackwell, 1992 Lander, Stephen ‘‘Church Courts and the Reformation in the Diocese of Chichester, 1500–58.’’ In The English Reformation Revisited, edited by Christopher Haigh Cambridge: Cambridge University Press, 1987 Lehmberg, Stanford E The Reformation Parliament, 1529–1536 Cambridge: Cambridge University Press, 1970 Loades, D M Politics and the Nation, 1450–1660: Obedience, Resistance and Public Order London: Fontana/Collins, 1973 Lopez, Robert The Commercial Revolution of the Middle Ages, 950–1350 Cambridge: Cambridge University Press, 1976 Mackie, J D The Earlier Tudors, 1485–1558 Oxford: Clarendon Press, 1952 Martin, Diane ‘‘Crown Policy and Anglo–Papal Relations: Premunire Prosecutions during the Great Schism, 1377–1381.’’ M.A thesis, University of Houston, 1992 Midmer, Roy English Medieval Monasteries, 1066–1540 Athens: University of Georgia Press, 1979 Miller, Helen ‘‘London and Parliament in the Reign of Henry VIII.’’ Bulletin of the Institute of Historical Research 35 (1962): 128–49 Milsom, S F C Introduction to Novae Narrationes Selden Society, vol 80 London, 1963 — — ‘‘Richard Hunne’s ‘Praemunire.’ ’’ In Studies in the History of the Common Law, edited by S F — C Milsom, 145–47 London: Hambledon Press, 1985 — — Studies in the History of the Common Law London: Hambledon Press, 1985 — Morris, Colin The Papal Monarchy: The Western Church from 1050 to 1250 Oxford: Oxford University Press, 1989 Musson, Anthony, and W M Ormrod The Evolution of English Justice: Law, Politics and Society in the Fourteenth Century Basingstoke and New York: Macmillan Press, 1999 Orme, Nicholas English Schools in the Middle Ages London: Methuen, 1973 Outhwaite, R B Inflation in Tudor and Early Stuart England London: Macmillan, 1969 Palmer, Robert C ‘‘Contexts of Marriage in Medieval England: Evidence from the King’s Court circa 1300.’’ Speculum 59 (1984): 42–67 — — The County Courts of Medieval England, 1150–1350 Princeton: Princeton University Press, — 1982 — — ‘‘Covenant, Justicies Writs, and Reasonable Showings.’’ American Journal of Legal History 31 — (1987): 97–117 — — English Law in the Age of the Black Death, 1348–1381 Chapel Hill: University of North Caro— lina Press, 1993 [ELABD] — — The Whilton Dispute, 1264–1380: A Social-Legal Study of Dispute Settlement in Medieval England — Princeton: Princeton University Press, 1984 Pennington, Kenneth Popes and Bishops: The Papal Monarchy in the Twelfth and Thirteenth Centuries Philadelphia: University of Pennsylvania Press, 1984 bibliography [ 317 ] Rymer, Thomas Foedera, Conventiones, Literae et cujuscunque generis acta publica, inter reges angliae 17 vols London, 1727–29 Sayles, George O The King’s Parliament of England New York: Norton, 1974 Scarisbrick, J J ‘‘The Conservative Episcopate in England, 1529–1535.’’ Ph.D diss., Cambridge, 1955 — — Henry VIII Berkeley and Los Angeles: University of California Press, 1968 — Solt, Leo F Church and State in Early Modern England, 1509–1640 New York: Oxford University Press, 1990 Sutherland, Donald W Quo Warranto Proceedings in the Reign of Edward I, 1278–1294 Oxford: Clarendon Press, 1963 Swanson, R N Church and Society in Late Medieval England Oxford: Blackwell, 1989 Thomson, J A F ‘‘Tithe Disputes in later medieval London.’’ English Historical Review 78 (1963): 1–17 Thomson, John A F The Early Tudor Church and Society, 1485–1529 London: Longman, 1993 Warren, W L Henry II Berkeley and Los Angeles: University of California Press, 1973 Wunderli, Richard M London Church Courts and Society on the Eve of the Reformation Cambridge, Mass.: Medieval Academy of America, 1981 Youings, Joyce ‘‘Dissolution of the Monasteries.’’ In Historical Dictionary of Tudor England, 1485– 1603, edited by Ronald H Fritze New York: Greenwood, 1991 — — The Dissolution of the Monasteries London: Allen and Unwin, 1971 — Zell, Michael L ‘‘The Personnel of the Clergy in Kent, in the Reformation Period.’’ English Historical Review 89 (1974): 513–33 index Absentee clerical rectors: and education, 1, 4, 12, 75, 106, 160, 163, 172, 197, 202, 222, 251, 252; and religious houses’ dissolution, 4, 7, 221, 238, 245, 249, 251; and pluralism, 6, 12, 75, 102, 106, 172, 198, 248; baili√s as estate managers for, 6, 76–79; and parish government, 11–12, 75; and religious houses, 11–12, 75, 209–10, 211, 217, 220; and perpetual vicars, 12, 75; and licenses, 90, 106, 107, 109, 110, 111, 139–40, 162– 63; and visitations, 100–103, 104, 108–9, 110; and church wardens, 102, 103, 248; and enforcement of statutes of 1529, 103, 197–99, 293–301; and statutes of 1529, 103–4, 107–8, 144, 146, 156, 157, 158, 160, 163, 165, 171–72, 186, 222, 249; estimate of, 105–6; and Henry VIII, 111, 112; and commercialization of parish, 112; and Wolsey, 144; and Parliament, 152, 171–72, 252; and stipends, 163, 239; and e√ects of statutes of 1529, 202, 206, 207 Accommodation rights, 81 Active uses, 231–32, 234, 236 Administration: and rectors, 1; and agricultural surplus, 30; and absenteeism, 76, 106 Admiralty courts, 24 Advowson rights: and bishops, 16, 17, 19, 22–23, 139, 222; and appointment of rector, 16, 17, 222; and laity, 16, 20, 223; protection of, 17– 23, 28; and benefices, 19, 20, 22; and religious houses, 20, 220, 221, 222; and religious houses’ dissolution, 20, 222; and tithes, 38 Agricultural produce: and commerce, 5, 13, 32, 38, 41, 122; and tithes, 11, 30, 32, 36, 39, 47, 110, 160, 188, 241; and glebe lands, 32, 39, 41, 47, 160; and mortuary fees, 43, 47, 160; and bishop’s sequestration, 55; priests’ sale of, 160; prosecutors as local rivals, 181 Agricultural surplus: control of, 1; and tithes, 4, 5, 30, 47, 110, 188; and rectors, 5, 13, 32, 248; and parish leases, 8, 108, 142, 238–39n, 252; and commerce, 13, 31, 39, 47; and glebe lands, 30, 47; and religious houses, 30, 215; allocation of, 31; and mortuary fees, 47; and commercialization of parish, 75; and clergy, 188, 238; and parish reformation, 247 Agricultural tenements, 115, 120 Alms, 4, 158, 209 Annuities, 26, 37–38, 59–60, 96n Anticlericalism: and statutes of 1529, 146, 147– 49, 170; and assaults against clergy, 149–50; and Reformation, 150, 212; and religious houses’ dissolution, 211, 216; and historiography, 213 Arbitration: and tithes, 32, 35, 37, 39; and mortuary fees, 44; and performance bonds, 51; and church chancel/rectory building repair, 130, 132 Archbishops, 162 Aristocracy: clergy’s serving of, 4, 158, 163, 172, 206, 223, 246, 252, 254; clergy as sons and brothers of, 162, 164, 202, 211, 221; and rectors, 249 Attorney general: and enforcement litigation, 178, 179, 180, 181, 182, 274; and leasehold profits, 218 Attorneys, 58–59 Audeley, Thomas, 153 Babylonian Captivity, 13 Baili√s: as estate managers, 6, 76–79, 104, 239, 255–58; and litigation, 36–37, 76–78, 255–58; and mortuary fees, 43; and local customs, 79; parish leases as replacement for, 80; clergy serving as, 108; and power to grant leases, 122–23; prohibition from clergy serving as, 143 Barton, William, 184 Benefices: and advowson rights, 19, 20, 22; and writ of premunire, 23; and parish leases, 90, 99, 107, 108, 109, 110; and clergy’s impoverishment, 96; and pluralism, 102, 106, 144; clergy’s seeking of, 112; and statutes of 1529, 145–46, 159, 161, 162–63, 164, 165, 167, 172, 206, 221; and stipends, 201, 202; king receiving income from, 218 Bexwell, Roger, 184 Bill of primer seisin, 232–33, 235, 237 Bishops: and subordination to crown, 2; and parish leases, 6, 106, 107, 109, 111; and parish [ 320 ] index government, 10, 12, 15–16; and governmental power, 10, 226, 228; and parish revenue, 12; and rectors, 15–16, 17, 55, 141; and advowson rights, 16, 17, 19, 22–23, 139, 222; and quare impedit litigation, 22; and agricultural surplus, 30; and common law regulation, 54; sequestrations of, 54, 55–56, 61; decrees of, 54– 55; and false religious opinions statute, 61–62; and parish lease duration, 90; and heresy, 110; and parish lease lessees, 112, 137–38; and visitations, 118; and church chancel/rectory building repair, 129, 130–31, 133–34; and parish relationships, 138–41, 142, 248; and mortuary fees, 153; and statutes of 1529, 153, 154; and powers of dispensation, 157–58; and pluralism, 162; and Henry VIII, 210; royal control of, 239 See also Visitations Black Death of 1348: and governmental power, 2; and parish government, 14; and government restructuring, 23; and common law, 48; parish management prior to, 75–79; parish management after, 79–80 Boleyn, Anne, 1, 183, 210, 254 Bowker, Margaret, 96, 101, 103–4, 110, 138–39, 145–46, 170, 197, 222 Brandeley, Richard, 184 Breweries, 160 Bridgen, Susan, 145 Cambridge College, 12 Canon law: and advowson rights, 19, 20; modifications of, 28; and marriage litigation, 49; and parish leases, 80, 106, 108; and parish lease duration, 90; and commerce, 143; and statutes of 1529, 149; and probate and mortuary fees, 154; and bishops’ power of dispensation, 157–58; and religious house suppression, 216; and absentee clerical rectors, 245 See also Church law Canterbury Tales, The (Chaucer), 106 Catharine of Aragon, 210, 254 Cathedrals, 12 Catholic Church: and religious houses, 17, 209, 246; and Fyneux, 149 See also Pope and papacy Chancery courts: and national governance of localities, 2; and rectors, 12; and jurisdiction, 21, 24; and prohibition and premunire process, 25; and enforcement of statutes of 1529, 168 Chancery law, Chaplains: hiring of, 1, 11, 57, 79, 81, 140; wages of, 54, 56–59; personal chaplains, 57, 163, 172, 179, 197, 198, 202, 204, 206, 207, 211, 221, 249, 251, 252; and absentee clerical rectors, 57–58, 172; and endowments for religious services, 59; and religious services to parish, 79, 81, 92, 248; as partners in parish lease, 81, 92; as parish lease lessees, 81, 92–93, 105; and parish leases, 81, 102; and parish lease lessees, 124; and visitations, 138; and parish relationships, 139, 140; assaults against, 149; and pluralism, 162, 172 Chaucer, Geo√rey, 87, 106, 107, 108, 142, 144, 163 Chauncey, Gerard, 184 Christ Church College at Oxford, 217 Church See Catholic Church; English Church Church and state: and Reformation, 6; and Investiture Controversy, 15; and advowson rights, 17, 22; and premunire, 23–24; as mutual accommodation, 28; and enforcement of statutes of 1529, 250 Church chancel/rectory building repair: and parish lease lessees, 6, 127, 247, 248; and rectors, 10, 11, 13, 14, 126–27, 129–30; and church wardens, 10, 13, 14, 71, 73; and common law, 71, 73, 127, 128, 130–33, 134, 242, 244–45n; and parish leases, 81, 82, 83, 99, 111, 126, 247; and visitations, 101, 126, 138; and length of lease, 126; and litigation, 126–34, 203; and bishops, 129, 130–31, 133–34 Church courts: and Fyneux, 6, 25–26; and prebendaries, 12; and parish government, 14; and church governance, 15; and marriage, 15, 49; and sexual regulation, 15, 51, 69; and probate of wills, 15, 56; and advowson rights, 20, 21; and jurisdiction, 20, 27, 49, 51, 56, 62–63, 64, 69, 74, 140–41, 228, 234–35, 240, 243, 245; and writ of prohibition, 20–21, 26, 49; and quare impedit litigation, 22; and premunire, 23, 24, 26, 243; and tithes, 26, 33, 62, 63, 115; and defamation, 26, 63–65; and consultation order, 26–27; and consultation, 27; and agricultural surplus, 30; and mortuary fees, 44; Henry VIII as head of, 48, 237, 240; and friction with common law courts, 61–69, 240, 245; and issuance of process by, 210; and wills, 234–35; and crown, 239 Church law: and parish changes, 4; and parish leases, 6, 108, 109; and common law, 7; and advowson rights, 17; Henry VIII’s control of, 28; and absentee clerical rectors, 107, 109 See also Canon law Church o√erings: and parish leases, 4, 81; and rectors, 11; mortuary fees compared to, 46; and parish lease lessees, 142 Church property, 15 index Church wardens: and parish endowments, 10, 70; and parish government, 10–11, 13, 14, 17; and litigation, 13, 72; and common law, 69–73, 74; and visitations, 73, 101–2; as parish lease lessees, 93; and absenteeism, 102, 103, 248; and lay lessees, 105; and parish as community, 111; proliferation of, 248 Citing outside diocese, 305 Clergy: and power relations with laity, 1, 4, 7–8, 143, 144, 148, 152, 166, 167, 168, 172, 207, 208, 223, 237, 251; and common law courts, 3; and litigation, 4, 7, 52–53, 112, 173, 179, 250, 252– 53, 255–58, 274–93; and common law, 5, 52, 53, 54, 74; and morals, 6; prosecution of innocent clergy, 7, 179–82, 186, 193, 194, 251; and bishops, 15; place in society, 48; and common pleas courts, 52, 149, 252–53; and performance bonds, 53–54; assaults against, 60, 149–50; and parish leases, 81, 84, 92, 105, 108, 144, 152, 156, 188, 190–91; and standard of living, 96; serving as baili√s, 108; prohibition of leaseholding, 143, 144, 158, 159, 163, 165–67, 173, 185–94, 203, 205–6, 210, 221, 222, 249; and statutes of 1529, 145, 151, 153, 157, 172, 226; and speculative profit, 145, 159, 195–97; and Henry VIII, 148, 151, 153, 155, 156, 158; landholding of, 151; and wealth, 161, 162, 163, 164, 223, 238, 251, 254; and stipends, 163–64, 239; and penalties from statutes of 1529, 166–67; and opportunity to divest leaseholds, 166–67, 173, 174, 175, 186, 250; and mortuary fees, 169; and enforcement of statutes of 1529, 173, 176, 177, 179–81, 183, 185; royal pardons of, 174–75, 186, 250; as plainti√s, 184; and holding property at term, 185–94; and agricultural surplus, 188, 238; and religious houses, 209; royal regulation of, 210; spiritual service of, 211; reformation of, 212; and religious houses’ dissolution, 213, 216; benefit of clergy, 227; and uses, 234–35; supervision of, 241 See also Chaplains; Parsons; Perpetual vicars; Priests; Rectors; Vicars Clergy and commerce: parishioners’ regulation of, 2, 7; and litigation, 3; and enforcement of statutes of 1529, 4, 187, 194, 195–97, 250, 252; and clerical ideals, 108, 112, 172, 208, 246; and canon law, 143; and statutes of 1529, 144, 146, 152, 156, 157, 158, 159–60, 163, 164; and mortuary fees, 169; and e√ect of statutes of 1529, 185, 186, 203, 207, 227, 249, 252, 254; and religious houses, 194; and Parliament, 210 Clerical ideals: parishioners’ enforcement of, 1, 7, 208, 250; and power allocation, 7–8; and [ 321 ] parish government, 10; and clergy and commerce, 108, 112, 172, 208, 246; and statutes of 1529, 148, 149, 172, 249, 254; and religious houses’ dissolution, 247 Commerce: and common pleas courts, 2–3; and agricultural produce, 5, 13, 32, 38, 41, 122; and agricultural surplus, 13, 31, 39, 47; and religious houses, 13, 159–60, 217; and tithes, 31–39, 47, 188; and glebe lands, 39–41, 47; and mortuary fees, 42–47; and laity, 144, 164–65, 210, 228, 245, 254; and religious houses’ dissolution, 220, 221, 222 See also Clergy and commerce Commercialization of parish: and Henry VIII’s reforms, 1, 7, 111; and common law, 3, 75, 112, 142; and legal system, 4; and statutes of 1529, 4, 249; and rectors, 31, 113, 142, 247; and agricultural produce, 47; inevitability of, 75; and market, 81; and absentee clerical rectors, 112; and parish relationships, 138; and religious services, 248 See also Parish leases Common law: and commercialization of parish, 3, 75, 112, 142; and parish changes, 4, 5; and parish leases, 4, 5, 80, 82, 109–11, 138, 140, 141, 238–39; and clergy, 5, 52, 53, 54, 74; and parish, 5–6, 48, 49, 69, 73, 74; and church law, 7; and Reformation, 8; and parish government, 15; and advowson rights, 20, 22; and parish life, 24, 26, 54, 248; and church courts, 26; and bonds, 36; and regulation of church, 48, 54–61, 239–40; and church’s reliance on, 50– 54; and church wardens, 69–73, 74; and church chancel/rectory building repair, 71, 73, 127, 128, 130–33, 134, 242, 244–45n; and Durham, 224; and statute of uses, 230–31, 233–34 Common law courts: and societal structure, 2– 3; and national governance of localities, 14; and advowson rights, 17–18; and friction with church courts, 61–69, 240, 245; and debt, 66; and tithes, 69; and statute of uses, 232 Common pleas, court of: and commerce, 2–3; and statutes of 1529, 7; and advowson rights, 17–18; and tithes, 37, 63; and clergy, 52, 149, 252–53; and parish leases, 96, 263–73; and ejectment, 121; and enforcement litigation, 168, 174, 175, 176, 177, 178–79, 182, 185, 188, 193; and Durham cases, 224; and statute of uses, 232; litigation frequency, 252–53; and baili√s, 255– 58; nonparish leaseholds in, 259–62 Common recoveries, 233–34 Commons, 152–55, 156, 157, 232 Compurgation, 168 Congregationalists, 148 [ 322 ] index Corporate rectors, 88, 90, 92, 100, 126, 129 Covenant: and leaseholds, 114; and parish lease lessees, 115–16, 119, 123; and formal leases, 120; and church chancel/rectory building repair, 128, 129 Cowper, William, 184 Cromwell, Thomas: rise of, 1; and parish leases, 7; and statutes of 1529, 143, 145, 150, 152–53, 156–57; and Parliament, 150, 151, 152, 156, 157; and Hall, 154; royal service of, 157–58; and laity, 164; and religious houses’ dissolution, 213, 216, 217, 218, 219; and public/private law distinctions, 214, 229; and governmental power of church, 226; and statute of uses, 233, 237 Crown: and regulation of parish, 1, 48; bishops’ subordination to, 2; and economic incentives for litigation, 3, 5; royal administrative structure of, 4; and local life, 5; and out-of-court settlements, 7, 178; and parish government, 10; and regulation of church, 48, 74, 144, 239; and parish lease lessee’s security, 113; and enforcement litigation, 179, 182; and religious houses’ dissolution, 215, 217–18, 219, 220, 236; and religious house suppression, 216–17; and laity holding parish leases, 221–22; and advowson rights, 222–23; and clerical wealth, 223; and governmental power, 224, 225–26; and statute of uses, 232, 235, 236–37; and church courts, 239 Customary payments, 115 Darcy, Thomas Lord, 150, 151, 157, 217 Debt litigation: and clergy, 53, 253; and church court/common law court friction, 65–66; and church wardens, 71–72; and parish leases, 96–97; and performance bonds, 116–17 Deed under seal, 116 Defamation: and church courts, 26, 63–65; and mortuary fees, 45; and king’s bench court, 63, 65, 242, 244n; and church court/common law court friction, 63–65 Demesne lands: and tithes, 11; and agricultural produce, 39, 160; forms of, 40; mortuary fees compared to, 46; and clergy’s leaseholding, 189 Dioceses: and church governance, 15; citing outside diocese, 305 Dissolution of religious houses See Religious houses—dissolution of Dower law, 229 Du√y, Eamon, 213 Durham, 224 Dyer, Christopher, 96 Ecclesiastical courts See Church courts Ecclesiastical taxation, 11, 111, 248 Economics: of parishes, 2, 3, 5, 10, 30–31, 75, 76, 207–8, 248, 249; of litigation, 3, 4; and parish changes, 4; and rectors, 5, 11, 13, 47, 239, 240; and parish leases, 6, 111, 112, 143; and parish government, 10, 17; and church influence, 28; of tithes, 31–34, 38–39, 47; and glebe lands, 40, 41, 47; of mortuary fees, 47; and statutes of 1529, 165, 168; and religious houses, 209 Education: of rectors, 1, 2, 4, 12, 75, 106, 158, 160, 249; and absentee clerical rectors, 1, 4, 12, 75, 106, 160, 163, 172, 197, 202, 222, 251, 252; and insulation from commerce, 7; church’s role in, 12, 207, 211; and agricultural surplus, 30; and statutes of 1529, 146, 160–61, 162, 163, 164, 172, 197, 198, 202, 206, 211, 221, 222; and pluralism, 162, 163, 206, 221, 222; and religious houses’ dissolution, 211, 222, 236; and clergy’s role, 246 Edward I (king of England), 224 Edward III (king of England), 13, 17, 22–23 Edward IV (king of England), 53 Ejectment action and trespass, 114, 119–21, 140, 141 Elton, Geo√rey, 145, 152, 156 Enforcement of statutes of 1529: and clergy and commerce, 4, 187, 194, 195–97, 250, 252; and litigation, 7, 165, 166, 167–68, 173, 174–85, 186, 187, 190, 239, 249–51, 252, 253–54, 274–306; and absentee clerical rectors, 103, 197–99, 293–301; enforcement provisions of, 146, 165– 68; and holding property at term, 185–94, 199; and suits’ subject matter distribution, 188–89; and buying/selling for profit, 195– 97, 199, 301–4; and mortuary fees, 199–200, 203, 305; and stipends, 201–2, 304; and implementation of statutes, 202–6; and laity, 249– 50, 251 English Church: Henry VIII as head of, 1, 4, 5, 6, 28, 29, 48, 74, 174, 210, 212, 219, 223, 228, 237, 240; ideology of, 5–6; and parish leases, 6, 7; erosion of power in, 6, 121–22; and parish government, 10; and governmental power, 10, 23–29, 48, 149, 225, 226, 237, 246; royal authority over, 13–14, 24, 27, 148, 239; and agricultural surplus, 30; common law regulation of, 48, 54–61, 239–40; crown’s regulation of, 48, 74, 144, 239; and reliance on common law, 50–54, 61; and king’s court, 74; and clergy’s involvement in commerce, 143; and absentee clerical rectors, 144; and statutes of 1529, 150; property of, 151; and landed wealth, 215; and wealth, 218, 246 index English Reformation: and parish changes, 1, 3, 6, 7, 8, 9, 31, 212, 213, 216, 220–21, 228, 247, 249, 253; and Fyneux, 6; traditional historiography on, 8, 146–47; and advowson rights, 20; and governmental power, 23–24, 237, 247; and parish leases, 111; and evidence of anticlericalism, 150; and enforcement litigation, 182–83; and religious houses’ dissolution, 211, 212; and problem of uses, 235 Entrepreneurial capital, 80 Estate executors: and tithes, 34; and common law, 55–56; and church court/common law court friction, 65–66; and church wardens, 72–73; and statutes of 1529, 151, 170; and property held in use, 230 Evolutionary change, Exchequer of pleas: and statutes of 1529, 7, 147; and rectors, 12; and jurisdiction, 24; and enforcement litigation, 168, 173, 174–76, 177, 178, 179–81, 182, 188, 193, 219, 251; and religious houses, 175; and clergy’s divestment, 186; and religious houses’ dissolution, 219 Fee simple, 230, 231, 232 Feo√ees, 229, 230–32, 233, 236, 307–9 Feudal incidents, 232–33, 234, 235, 245 Fiction of the lost grant, 224 Fisher, Bishop (Rochester), 153–54 Food distribution, 143 Forfeiture: and out-of-court settlements, 7, 250; and clergy as lessees, 165–66; and enticement to sue, 166, 188; and probate fees, 170; and royal pardons, 174–75, 186; and plainti√ ’s claims, 176–78; and prosecution of innocent clergy, 180; and clergy with small amounts of land, 192; and buying/selling for profit, 195; and mortuary fees, 199; and religious houses’ dissolution, 216 Free tenements, 114, 123 Funerals: and king’s court, 60–61 Fyncheley v Creswall et al (1512), 122 Fyneux, John: and church courts, 6, 25–26; and premunire process, 25–27, 28, 45, 62, 63, 64, 141, 235; and annuities, 60; and tithes, 62–63, 69; and debt litigation, 66; and parish leases, 87, 140; and ejectment, 120–21; and church governance, 149 Glebe lands: and rectors, 5, 11, 30, 40; and church courts, 26; and agricultural surplus, 30, 47; and agricultural produce, 32, 39, 41, 47, 160; management of, 39–40; and commerce, 39– 41, 47; leasing of, 40, 41, 80, 188; value of, 40– [ 323 ] 41; mortuary fees compared to, 42; and king’s court, 73–74; and parish leases, 81; and clergy’s leaseholding, 180, 189, 193, 194, 218; clergy’s management of, 188; and buying/ selling for profit, 196; and clergy’s use of litigation, 253 Governmental power: and national life, 1–2; and local life, 2–3; assumptions concerning, 3; Henry VIII unified with, 4; and religious houses’ dissolution, 7, 211, 215–16, 223–28, 245; and church, 10, 23–29, 48, 149, 225, 226, 237, 246; and Reformation, 23–24, 237, 247; and premunire, 23–29; and litigation, 113; and religious houses, 209, 211, 223; and crown, 224, 225–26; centralization of, 237 See also Parish government Gray’s Inn, 154 Great Schism, 13 Guilford, Henry, 152 Guy, John, 145, 151 Haigh, Christopher, 138, 146–47, 182–83 Hall, Edward, 153, 154, 155, 156 Henry V (king of England), 56 Henry VII (king of England), 25, 26, 28, 54, 183, 225, 226, 227 Henry VIII (king of England): as head of church, 1, 4, 5, 6, 28, 29, 48, 74, 174, 210, 212, 219, 223, 228, 237, 240; and Anne Boleyn, 1, 210, 254; use of law, 3; and parish leases, 7, 111; and clerical ideals, 10; and king’s bench powers, 26; divorce of, 28, 29, 148, 150, 156, 158; and tithes, 31; and clergy’s use of common law, 54; and absentee clerical rectors, 111, 112; and statutory reform of parish, 142, 143, 147, 148; and clergy, 148, 151, 153, 155, 156, 158; and origin of Reformation, 150; and church property, 151; and statutes of 1529, 153, 154, 155, 156; and royal debt remittance, 154–55; and clergy/laity separation, 164; and religious houses’ dissolution, 209, 212, 213, 216, 217; and public/private law distinctions, 214, 229; and quo warranto procedures, 225; and sanctuary, 226, 227; and statute of uses, 232–33, 237 Heresy: and Wycli√, 13–14; and premunire, 27; and tithes, 39, 61; and Hunne, 45–46; and king’s responsibility, 73; and bishops, 110; Henry VIII’s diminished concern with, 151; and statutes of 1529, 154, 156 Heriot duty, 42–43, 46, 77, 203 Heywood, Richard, 244–45 Hoyle, R W., 146 [ 324 ] index Hundreds: and religious houses, 223; and governmental power, 224 Hundred Years War, 217 Hunne, Richard, 45–46, 121–22 Indebitatus assumpsit, 66 Indentures, 80, 81–82 Inflation: and tithes, 38, 238, 241; and religious houses, 120; and agricultural produce, 122; and probate fees, 171; and religious houses’ dissolution, 220; and prohibitions, 241 Investiture Controversy, 15, 211 Jails: and religious houses, 226, 227 Juries: and litigation, 3, 19; and tithes, 33, 34, 36; and mortuary fees, 43; and jurisdiction, 49; and ejectment, 121; and baili√s’ power to grant lease, 123; and enforcement litigation, 168, 180, 181, 182, 193, 194, 195–96, 198– 99 Jurisdiction: and advowson rights, 20, 21; and writ of prohibition, 20, 21; and church courts, 20, 27, 49, 51, 56, 62–63, 64, 69, 74, 140–41, 228, 234–35, 240, 243, 245; and premunire, 23, 26, 27; and king’s bench court, 24, 225, 234, 235, 240–45; and litigation, 49–50, 140; and estate executors, 56; and annuities, 60; and tithes, 62, 63, 69; and debts, 66; and church, 224–25 Justices: and power relations, 5, 8; and litigation, 19; and premunire, 23–24; and jurisdiction, 27, 49 Justices of the peace: and parish government, 14; and sexual regulation, 66–69; and litigation concerning statutes of 1529, 174; and governmental power, 226 Keir, David, 145 King’s bench, court of: and commerce, 2–3; and Fyneux, 6, 25–26; and statutes of 1529, 7; and tithes, 7, 62, 63; and premunire, 23, 25, 26, 240; and jurisdiction, 24, 225, 234, 235, 240–45; and consultation, 27; and defamation, 63, 65, 242, 244n; and debt, 66; and sexual regulation, 66–67, 68, 69; and ejectment, 121; and enforcement litigation, 168, 174, 175, 176, 178; and mainprise, 240; and wills, 242, 243–44n; and uses, 242, 244n King’s council, 24, 67, 168 King’s court: and advowson rights, 20, 21, 22; and jurisdiction, 20, 49; and writ of premunire, 23; and litigation, 29; and tithes, 33, 37, 63, 73–74, 247; and arbitration awards, 35; and mortuary fees, 44, 73–74; and church disputes, 48, 49, 53, 74; and marriage, 49; and performance bonds, 52; and clergy, 53; and estate executors, 55; and bishops’ sequestrations, 56, 61; and priests’ wages, 57; and endowments for religious services, 59; and annuities, 59– 60; and church wardens, 70–71; and glebe lands, 73–74; and parish leases, 80, 82–83, 94, 100, 142; and religious houses, 120; and enforcement of statutes of 1529, 168; and regulation of parish, 172 Knights Hospitallers, 216 Knowles, David, 214 Labor relations, 15 Laity: and power relations with clergy, 1, 4, 7–8, 143, 144, 148, 152, 166, 167, 168, 172, 207, 208, 223, 237, 251; as parish lease lessees, 1, 8, 75, 81, 86, 91–93, 104–5, 108, 143, 144, 158, 171, 238– 39, 248, 249, 251, 254; and statutes of 1529, 4, 7–8, 143, 164, 205; and church wardens, 13, 14, 69; and advowson rights, 16, 20, 223; and parish government, 17; and common law, 53; and parish leases, 80, 159, 204, 205, 221–22; leases of confiscated lands made to, 122; and implementation of royal policy, 144; and commerce, 144, 164–65, 210, 228, 245, 254; and enforcement litigation, 179, 183, 184, 218–19, 249–50, 251; as absentee rectors, 210; and religious houses’ dissolution, 213, 220, 223; and statute of wills, 228; and enforcement of statutes of 1529, 249–50, 251 Lander, Stephen, 139 Landlord changes: and parish leases, 83–84, 85 Land use: and religious houses’ dissolution, 214, 228 Law: and local life, 2–3, 8; Henry VIII’s use of, 3; chancery law, 4; regulatory function of, 8; and societal structure, 27; litigants’ use of, 52; criminal law, 69–70; process at law in king’s name, 225; changes in, 252 See also Canon law; Church law; Common law; Property law Leaseholds: and common law, 4, 6; and tithes, 39; parish leases as bulk of, 80, 110, 247; and leasehold market, 94–99, 144; legal protection of, 114–23; and lessee’s responsibilities, 126; prohibition of clergy from leaseholding, 143, 144, 158, 159, 163, 165–67, 173, 185–94, 203, 205–6, 210, 221, 222, 249; clergy’s opportunity to divest leaseholds, 166–67, 173, 174, 175, 186, 250; and religious houses’ dissolution, 220; nonparish leaseholds in common pleas, 259– 62 See also Parish leases index [ 325 ] Lehmberg, Stanford E., 152, 155, 156 Life estate, 231, 232 Litigation: economics of, 3, 4; and law as instrument of change, 3, 8; and clergy, 4, 7, 52–53, 112, 173, 179, 250, 252–53, 255–58, 274–93; and power allocation, 5, 8–9, 113; and parish leases, 5, 91, 96–97, 99–100, 106, 112–13; and statutes of 1529, 7, 147; and private settlement, 7, 178–79; and church wardens, 13, 72; and advowson rights, 17, 20; and common pleas court, 18; quare impedit litigation, 22; and consultation, 26–27; and king’s court, 29; and tithes, 32–39, 54, 63, 115, 119, 133–34, 241–42; and baili√s as estate managers, 36–37, 76–78, 255–58; and mortuary fees, 45, 54; and marriage, 49; and jurisdiction, 49–50, 140; debt litigation, 53, 65–66, 71–72, 96–97, 116–17, 253; and estate executors, 56; and funerals, 60; and parish lease possession, 113–23; and performance bonds, 118; and rent, 123–26; delays in, 125; and church chancel/rectory building repair, 126–34, 203; and taxation, 134–35; and reservations, 135–37; and enforcement of statutes of 1529, 165, 166, 167–68, 173, 174–85, 186, 187, 274–93; geographical distribution of, 184–87; and incentives to sue, 188, 195, 199; initiation of suit, 192; and royal control, 239; frequency of, 252–53 Loades, D M., 145 Local customs: and canon law, 28, 248–49; and tithes, 32, 33, 34; and mortuary fees, 42, 43– 45, 169, 200, 203; and funerals, 60–61; and king’s court, 73; and baili√s, 79; and rent, 113– 14, 123 Local life: and governmental power, 2–3; and parish changes, 3, 9, 253; and litigation, 5; and law, 8; and religious houses’ dissolution, 212 Lollard agenda, 14, 148, 208, 251 Lord Dacre’s Case, 232–33 Lords of manors: and tithes, 11; rectors compared to, 11, 79; and commerce, 13; and advowson rights, 16; and agricultural surplus, 39, 248; and property rights, 41; and heriot duty, 42–43; and agricultural produce, 47; baili√s as estate managers for, 76 Lords of Parliament, 152, 154–55, 156, 157, 158, 209, 227 Luther, Martin, 156 hold market compared to, 94–96; and leaseholds, 115; and ejectment, 120; and clergy’s leaseholding, 190; and religious houses, 221, 222, 223 Marmaduke Darrell v Alexander Shaa (1534), 176–77n Marriage: and church courts, 15, 49; and mortuary fees, 44; and performance bonds, 54; and property law, 229, 232 Mary I (queen of England), 220 Mercers Company, 151–52, 155 Milner, Thomas, 184 Monasteries See Religious houses Morals: and litigation, 4; and clerical power, 6; and church courts, 15; and canon law, 28; and performance bonds, 51–52; and church wardens, 73; and visitations, 138; and statutes of 1529, 165, 168, 208; and enforcement litigation, 183; and statute of uses, 236 More, Sir Thomas, 145, 158, 210 Mortuary fees: and parish leases, 4, 81, 86, 140; and rectors, 5, 11, 43–44, 200; as death duties, 30–31, 42; and local customs, 42, 43–45, 169, 200, 203; and heriot duty, 42–43, 46, 203; and commerce, 42–47; and agricultural produce, 43, 47, 160; and arbitration, 44; and king’s court, 44, 73–74; and litigation, 45, 54; disputes over, 45–46, 47; unpredictability of, 46–47; and baili√s’ duties, 77; and parish lease lessees, 142; and statutes of 1529, 146, 147, 152, 153, 154, 168–72, 202–3; monetary vs in kind, 169; and enforcement of statutes of 1529, 199–200, 203, 305 Mainprise, 240 Manors: parishes as distinct from, 10; and agricultural surplus, 13, 32; and advowson right, 16, 222; rental values of, 94–95; parish lease- Papacy See Pope and papacy Papal court, 49, 62 Parish endowments: and church wardens, 10, 70; and glebe lands, 39, 40–41; and common law, National life: and governmental power, 1–2; and parish changes, 3, 253; and law, Nisi prius order, 181 Noncorporate rectors, 89, 92, 100 Nonresidence licenses, 90, 106, 107, 109, 110 Norfolk, earl of, 150, 151, 157, 158, 217 Nykke, Bishop, 27 Oaths: and church courts, 15 Obligatory deed: and parish leases, 80 Ordinance of Laborers, 56 Out-of-court settlements: and statutes of 1529, 7, 178–79; and forfeiture, 7, 250; as outcome of litigation, 50 Oxford College, 12 [ 326 ] index 54, 59, 61; and statutes of 1529, 171, 211, 235, 236 Parishes: clerical residence in, 1, 3, 4, 7, 11, 37, 75, 100–103, 163; reformation of, 1, 3, 6, 7, 8, 9, 31, 212, 213, 216, 220–21, 228, 247, 249, 253; crown’s regulation of, 1, 48; spiritual focus of, 1, 249–54; economics of, 2, 3, 5, 10, 30–31, 75, 76, 207–8, 248, 249; religious life of, 5, 47; and common law, 5–6, 48, 49, 69, 73, 74; as community, 11, 47, 111; religious houses’ control of, 209; and religious houses’ dissolution, 220–23; and clergy’s role, 246, 254 See also Commercialization of parish; Religious services to parish Parish expenses: and parish lease lessees, 134–35 Parish government: internal government, 10–14; and absentee clerical rectors, 11–12, 75; external government, 14–17; and protection of advowson rights, 17–23; and premunire, 23–29; and parish life, 248 Parishioners: and social power, 1, 2; and clerical ideals, 1, 7, 208, 250; and litigation, 4, 15, 240, 253; and parish government, 10, 13, 17; and tithes, 11, 247, 248; and common law courts, 15, 27; and tithe litigation, 34, 115, 133–34; rector’s relationship with, 76; and short-term parish leases, 88; and parish leases, 93; value of, 97–98; and absentee clerical rectors, 110, 197, 198, 199; and lay/ecclesiastical worlds, 115; and parish lease lessees, 115, 142; and parish relationships, 142, 172, 207, 247; clergy’s activities di√erent from, 164; and mortuary fees, 199; and church authority, 238 Parish lease lessees: laity as, 1, 8, 75, 81, 86, 91–93, 104–5, 108, 143, 144, 158, 171, 238–39, 248, 249, 251, 254; and church chancel/rectory building repair, 6, 127, 247, 248; chaplains as, 81, 92– 93, 105; and length of lease term, 90; characteristics of, 91–93, 98, 104–5; and lessee agents, 98–99; and church wardens, 105; priests as, 108, 137, 158–59, 203, 248; rights of, 112; and possession, 113–23; and tithes, 114, 115; and covenant, 115–16, 119, 123; and performance bonds, 116–18, 123; and trespass, 118– 20, 123; and ejectment, 119–20, 141; and rent, 124; and taxation, 134–35, 247, 248; and parish relationships, 137–41, 140, 238–39; prohibition of clergy as, 143, 144, 158, 159, 163, 165–67, 173, 192, 194, 203, 205–6, 210, 249; and religious houses, 222; and religious houses’ dissolution, 254 Parish lease lessors: and periodic tenancy, 91; and religious houses, 99, 100, 222; rights of, 112; and rent, 113, 114, 123–26; and tithe litigation, 115; and performance bonds, 117–18, 125; and ejectment, 121; and church chancel/rectory building repair, 126–34; and reservations of use, 135–37; clergy as, 144, 145, 158, 203, 210, 254 Parish leases: and rectors, 1, 4, 6, 75, 80, 87, 88, 90, 92, 108, 111, 112, 189, 204–5, 247; and perpetual vicars, 1, 4, 87, 100, 221, 247; and common law, 4, 5, 80, 82, 109–11, 138, 140, 141, 238–39; and litigation, 5, 91, 96–97, 99–100, 106, 112–13; and economics, 6, 111, 112, 143; abuses of, 7; and agricultural surplus, 8, 108, 142, 238–39n, 252; and statutes of 1529, 8, 108, 146, 147, 158, 172, 186, 202; and church courts, 26; prior to Black Death, 75–79; after Black Death, 79–80; informal leases, 80, 116n, 118, 129, 134; and laity, 80, 159, 204, 205, 221–22; formal leases, 80–81, 120, 121, 123, 129; leasing forms, 80–87; and church chancel/rectory building repair, 81, 82, 83, 99, 111, 126, 247; and clergy, 81, 84, 92, 105, 108, 144, 152, 156, 188, 190–91; and partnerships, 81, 92; and visitations, 85, 86n, 100–103; and priests, 85–86, 92, 102, 104, 108, 110, 194; duration of, 87–91, 99, 126; lessee characteristics, 91–93, 98, 104–5; and leasehold market, 94–99, 110; and common pleas courts, 96, 263–73; and lessee agents, 98–99; frequency of leasing, 99–111; and religious houses, 111, 122, 123, 140, 189–90, 215, 217, 221; and possession, 113–23; and covenant, 116; and food distribution, 143 Parish life: and agricultural surplus, 1; and statutes of 1529, 1, 172; bishops’ regulation of, 2, 248; and parish leases, 8; common law regulation of, 24, 26, 54, 248; and e√ect of statutes of 1529, 207; and religious houses’ dissolution, 254 Parish patrons: and parish government, 10; and common law, 15; and advowson rights, 16; and tithes, 38; and parish lease lessees, 112; and religious houses, 222; and crown, 222–23 Parish relationships: and power allocation, 9; and parish lease lessees, 137–41, 238–39; and bishops, 138–41, 142, 248; and parishioners, 142, 172, 207, 247; and statutes of 1529, 172, 207; and enforcement litigation, 183, 188; and buying/selling for profit, 196–97; and absentee clerical rectors, 199 Parish revenue: and statutes of 1529, 1, 143; and rectors, 10, 11, 12, 15; and perpetual vicars, 12; and religious houses, 12; and advowson rights, 17; and types of, 30–31; tithes, 30–31, 110; and index death duties, 30–31, 153; and commerce, 47; and parish leases, 81, 104; and rectors’ stipends, 201; and religious services, 251 Parliament: and tithes, 33, 241–42; clerical representatives to, 54, 153; and priests’ salaries, 56; and parish leases, 111, 142; alliances and dynamics of, 145; and fall of Wolsey, 148; and Cromwell, 150, 151, 152, 156, 157; and absentee clerical rectors, 152, 171–72, 252; and clergy, 152, 210; and royal debt remittance, 155; and religious houses, 209, 223, 227; and religious houses’ dissolution, 219, 227 Parsons: and parish leases, 90, 106–7, 107n, 108, 111; and statutes of 1529, 169–70; and enforcement litigation, 183; and baili√s, 255–58 Partnerships: and parish leases, 81, 92 Passive uses, 231 Penal bonds, 36 Penalties: and writ of prohibition, 21; and advowson rights, 22; and tithes, 35, 37; and performance bonds, 50, 51; and crown’s regulation of church, 144; and statutes of 1529, 165– 67, 173, 191–92; and clergy’s opportunities to divest, 174, 186; and buying/selling for profit, 195, 196; and prohibition procedures, 240; and qui tam procedures, 250 Performance bonds: and commerce, 36; and tithes, 39; and mortuary rights, 44; church use of, 50–52; and morals, 51–52; and sexual regulation, 51–52, 54; and clergy, 53–54; and church wardens, 71, 72; and parish leases, 80, 82, 86, 110, 141; and leaseholds, 114, 116; and debt litigation, 116–17; and parish lease lessees, 116–18, 123; and parish lease lessors, 117–18, 125; and rent, 124–25; and church chancel/rectory building repair, 129, 130, 132, 133, 134 Periodic tenancy, 91, 123 Perpetual vicars: and parish leases, 1, 4, 87, 100, 221, 247; and absenteeism, 12, 75; and corporate rectors, 92; and advowson rights, 222 Personal conflicts: and parish changes, 2; and litigation, 4, 5, 8–9; and parish leases, 6; and law, 8, 15; royal remedies for, 48; and performance bonds, 51 Personal piety, 1, 8, 212, 245, 246, 251 Pilgrimage of Grace, 185, 218, 228 Pluralism: and absenteeism, 6, 12, 75, 102, 106, 172, 198, 248; and religious houses, 6, 217, 220; and statutes of 1529, 144, 145, 146–47, 156, 157, 158, 161–63, 165, 186, 202, 203, 206, 221, 222, 249; and Parliament, 152; and education, 162, 163, 206, 221, 222; and parish leases, 204, 254; [ 327 ] and religious houses’ dissolution, 221; and rectors’ income, 238; and clergy’s use of litigation, 253 Pope and papacy: and state politics, 13; and church law, 15; and advowson rights, 16, 22, 23; and writ of prohibition, 21; and agricultural surplus, 30; and Henry VIII, 148, 210, 211; and religious house suppression, 217; and abolition of papal authority, 228, 239 Power allocation: in parish community, 5; and justices, 5, 6, 8; and litigation, 5, 8–9, 113; and church influence, 6, 28; and clerical ideals, 7– 8; and law, 8; and parish government, 10; and church wardens, 14; and parish lease lessee, 137; and parish leases, 141; and statutes of 1529, 144, 159, 247, 250; and religious houses’ dissolution, 223 See also Governmental power Power relations: between laity and clergy, 1, 4, 7–8, 143, 144, 148, 152, 166, 167, 168, 172, 207, 208, 223, 237, 251; and statutes of 1529, 7, 148; between bishop and rector, 15–16; and advowson rights, 16, 17; and Henry VIII as head of church, 48; and parish leases, 112; and church power, 121 See also Governmental power Prebendaries, 12, 92, 104, 122–23, 130 Premunire: and advowson rights, 23; and church governance, 23–29, 74; and tithes, 38, 62; and mortuary fees, 45, 46; and king’s court jurisdictions, 62; and defamation, 63–65; and clergy, 155; and Wolsey, 210; and uses, 235; appropriateness of, 240; example of, 310–12 Prerogative courts: and national governance of localities, 2, 14; regulatory function of, 23; and litigation concerning statutes of 1529, 174 Priests: rectors as, 11; bishop’s appointment of, 15; wages of, 54, 56–59, 61, 96, 98; and endowments for religious services, 59; hiring of, 66, 159; and baili√s, 79; and parish leases, 85–86, 92, 102, 104, 108, 110, 194; as parish lease lessees, 108, 137, 158–59, 248; and statutes of 1529, 143; and enforcement of statutes of 1529, 168; and taxation, 218 Primogeniture, 229 Probate of wills: and church courts, 15, 56; and common law, 55–56; and church court/common law court friction, 65; and statutes of 1529, 146, 147, 151, 152, 153, 154, 155, 168–71, 210; enforcement of statutes of 1529, 305 Property distribution: and religious houses’ dissolution, 220 Property law: and personal property, 14; and real property, 14; and religious houses’ dissolu- [ 328 ] index tion, 214, 229, 237; and statutes of 1529, 219; and statute of wills, 228, 231–32, 235; and statute of uses, 228–37, 245; and estates held in use, 229–30, 234 Property rights: and advowson rights, 16, 20; and rectors, 41; and litigation, 49; and common law, 61; and religious houses, 223; changes in, 237 Protestantism, 149, 208, 251 Public/private law interaction, 214, 229 Quakers, 148 Quare ejecit, 114, 119 Quare impedit cases, 22, 29, 206 Qui tam actions, 166, 173, 174, 176, 178, 183–84, 206, 250 Quo warranto procedures, 224, 225 Reade, Robert, 107 Rectors: education of, 1, 2, 4, 12, 75, 106, 158, 160, 249; and parish leases, 1, 4, 6, 75, 80, 87, 88, 90, 92, 108, 111, 112, 189, 204–5, 247; and parish life, 2; and legal protection of selling of parish, 3; and economics, 5, 11, 13, 47, 239, 240; and glebe lands, 5, 11, 30, 40; and agricultural surplus, 5, 13, 32, 248; and mortuary fees, 5, 11, 43–44, 200; and church chancel/rectory building repair, 10, 11, 13, 14, 126–27, 129–30; and parish government, 10–13, 17, 75; and tithes, 11, 13, 32, 237–38, 241; and church wardens, 11, 14; and taxation, 11, 134–35; and bishops, 15–16, 17, 55, 141; and advowson rights, 16, 17; and premunire, 29; and commercialization of parish, 31, 113, 142, 247; and property rights, 41; and agricultural produce, 47, 181; and performance bonds, 51; and baili√s, 76–79; corporate rectors, 88, 90, 92, 100, 126, 129; noncorporate rectors, 89, 92, 100; and standard of living, 96; nonresident vs resident status, 100–103; and tithe litigation, 115; and rent, 124, 247; and reservations of use, 135–36; and visitations, 138; and teaching, 160–61, 207, 251; and statutes of 1529, 163, 164, 249; and penalties from statutes of 1529, 166; and buying/selling for profit, 196; and retirement pensions, 201, 202; and stipends, 201–2; and enforcement litigation, 219; and reduction in pluralism, 238 See also Absentee clerical rectors Religious conduct: and church courts, 15 Religious houses: and pluralism, 6, 217, 220; and appropriation of parishes, 11–12; and commerce, 13, 159–60, 217; parish support of, 17; and advowson rights, 20, 220, 221, 222; and agricultural surplus, 30, 215; and tithe agreements, 32, 37–38, 238; and litigation, 53; and annuities, 59; and rectors, 75; and absentee clerical rectors, 75, 198; and duration of parish leases, 88, 89–90, 91, 99; and parish lease litigation, 97, 99–100; and parish leases, 111, 122, 123, 140, 189–90, 215, 217, 221; and ejectment, 120; and church chancel/rectory building repair, 126, 127, 128, 129; and leasehold market, 144; and statutes of 1529, 150, 217; and mortuary fees, 153; and education, 161; and stipends, 164; and exchequer of pleas, 175; and prohibition of clergy from leaseholding, 189– 90; and enforcement litigation, 190, 193–94, 219; and landed wealth, 209, 213, 214, 216; and wealth, 209, 215–16, 217; as physical representations of church, 209, 246; role of, 213; and statute of uses, 235 —dissolution of: and changes in clerical order, 2; and absentee clerical rectors, 4, 7, 197, 238, 245, 249, 251; and provision of alms, 5; and statutes of 1529, 7, 146, 216; and statute of uses, 7, 211, 214, 228–29, 235–37, 245; and governmental power, 7, 211, 215–16, 223–28, 245; and advowson rights, 20, 222; and erosion of church power, 122; and Henry VIII, 209, 212, 213, 216, 217; marginalization of, 211–16; process of dissolution, 216–20; and seizure of landed holdings, 219–20; and pensions for members, 220; and parishes, 220–23; and parish leases, 221; and litigation, 239; and prohibitions, 241; and tithes, 241; and clerical ideals, 247; and parish life, 254 Religious services to parish: and rectors, 10, 11, 75, 76; endowments for, 54, 59; parish resources and religious duties related to, 75, 76, 79, 88, 93, 141, 142, 207–8, 210, 248, 251, 254; and baili√s’ duties, 77–78; and chaplains, 79, 81, 92, 248; and parish leases, 81, 83, 84–85, 87, 92, 109, 110; and parish lease lessees, 112, 247–48; and prohibition of clerical leaseholding, 158, 221; and statutes of 1529, 164–65, 227; and tithes, 210, 251 Rent: and tithes, 37–38; and common law, 70; and church wardens, 73; and king’s court, 73; and parish leases, 81–82, 83, 84, 91, 100, 111; average rent, 94; manors and parishes compared, 95–96; rental values, 97; and possession, 113; payment customs, 113–14, 123; and trespass, 119; and litigation, 123–26; and terms of payment, 124; and rectors, 124, 247; and prohibition of clerical leaseholding, 159; and index enforcement of statutes of 1529, 205–6; and religious houses’ dissolution, 220 Reservations of use: and disturbance of parish lease lessee, 118; and litigation, 135–37 Richard II (king of England), 37, 74, 90–91n Rooper, William, 244 Rural parishes: and parish changes, 1, 4; rectors as prisoners of, 4, 163, 199, 207, 249; and mortuary fees, 42–43 Sanctuary right: and religious houses, 226–27 Scarisbrick, J J., 147, 173 See of Coventry and Lichfield, 109 Sexual regulation: and church courts, 15, 51, 69; and performance bonds, 51–52, 54; and church court/common law court friction, 66–69 Sheri√s: and parish government, 14; and litigation, 18, 19 Societal structure: and common law courts, 2–3; and Henry VIII’s use of law, 3; and institutionalized rules, 4, 48; and law’s role, 27; church’s role in, 50, 245; and litigation, 113; and statutes of 1529, 144, 145 Solt, Leo, 145 Star chamber, 2, 168 State bureaucracy, 12 Statute for the resumption of liberties, 7, 228 Statute of uses: and religious houses’ dissolution, 7, 211, 214, 228–29, 235–37, 245; and property law, 228–37, 245; purpose of, 230; inconsistent application of, 231–35 Statute of wills: and religious houses’ dissolution, 228; and statute of uses, 228; and property law, 228, 231–32, 235; and bill of primer seisin, 233 Statutes of Chichester of 1289, 109 Statutes of 1529: and parish revenue, 1, 143; and laity, 4, 7–8, 143, 164, 205; and power relations, 7; and prosecution of innocent clergy, 7, 179–82, 186, 193, 194, 251; and parish leases, 8, 108, 146, 147, 158, 172, 186, 202; and reform of parish-level churchmen, 28; and frequency of parish leasing, 99; and absentee clerical rectors, 103–4, 107–8, 144, 146, 156, 157, 158, 160, 163, 165, 171–72, 186, 222, 249; and pluralism, 144, 145, 146–47, 156, 157, 158, 161–63, 165, 186, 202, 203, 206, 221, 222, 249; and clergy and commerce, 144, 146, 152, 156, 157, 158, 159– 60, 163, 164; historiography of, 144–48; and probate of wills, 146, 147, 151, 152, 153, 154, 155, 168–71, 210; and mortuary fees, 146, 147, 152, 153, 154, 168–72, 202–3; and education, 146, [ 329 ] 160–61, 162, 163, 164, 172, 197, 198, 202, 206, 211, 221, 222; and clerical ideals, 148, 149, 172, 249, 254; legislative history of, 148–58; provisions of, 158–65; and death profits, 168–72; exceptions in, 179, 180, 189, 193, 194, 198, 218, 221, 222, 232, 251, 254; e√ects of, 185, 186, 203, 206–8, 209 See also Enforcement of statutes of 1529 Stipends: and income augmentation, 163–64, 239; and enforcement of statutes of 1529, 201– 2, 304 Stokedale, John, 184 Subleases: and disturbance of parish lease lessee, 118 Su√olk, earl of, 150, 151, 157, 158, 217 Swanson, R N., 138 Tanneries, 160, 305 Taxation: ecclesiastical taxation, 11, 111, 248; royal taxation, 11, 111, 248; and rectors, 11, 134–35; and parish leases, 81, 82, 83, 85, 107, 111; and litigation, 134–35; and parish lease lessees, 134–35, 247, 248; and statutes of 1529, 145; papal taxation transferred to king, 218 Testamentary causes and church courts, 15 Thomson, A H., 101, 102, 139, 212 Tithes: leasing of, 1, 4, 32, 35, 36, 54, 80, 108, 111, 114, 143, 188, 247; and agricultural surplus, 4, 5, 30, 47, 110, 188; and court of king’s bench, 7, 62, 63; and rectors, 11, 13, 237–38, 241; and agricultural produce, 11, 30, 32, 36, 39, 47, 110, 160, 188, 241; and church courts, 26, 33, 62, 63, 115; and parish revenue, 30–31, 110; spiritual aspect of, 31–32; economics of, 31–34, 38–39, 47; and commerce, 31–39, 47, 188; evasion of, 32; and local customs, 32, 33, 34; and wealth, 32, 34, 36; and litigation, 32–39, 54, 63, 115, 119, 133–34, 241–42; and king’s court, 33, 37, 63, 73–74, 247; trees as, 33–34, 62, 241; annual rents in return for, 37–38; agreements about, 37–38, 238; and advowson rights, 38; enforcement of, 38; opposition to, 38–39; mortuary fees compared to, 42, 46; and false religious opinions statute, 52; and jurisdiction, 62, 63, 69; and debts, 66; and baili√s’ duties, 77; and parish leases, 81, 85, 86, 140, 248; and parish lease value, 98; and parish lease lessee, 114, 115; clergy’s collection of, 188; and buying/selling for profit, 196; and religious services, 210, 251; mandatory nature of, 238; and prohibition procedures, 240, 241; and religious houses’ dissolution, 241; and clergy’s use of litigation, 253 [ 330 ] index Toft, Henry, 183 Trespass: and church courts, 26; and clergy’s use of litigation, 53, 253; and leaseholds, 114; and parish lease lessees, 118–20, 123; and ejectment action, 119–20 Trusts: and property held in use, 229–30 Urban communities: and parish changes, 1; and commerce, 13; and mortuary fees, 44–45; and agricultural produce, 47 Usury: and church courts, 15 Valor Ecclesiasticus, 97, 99, 106, 217, 218 Vicars: and laity, 4; and parish leases, 6, 89, 92, 108, 111, 189, 205; and tithe agreements, 37–38, 238, 241; and performance bonds, 51; wages of, 54–55; and baili√s, 79, 239; and church chancel/rectory building repair, 127, 128; and agricultural produce sale, 181; and buying/ selling for profit, 196; and enforcement litigation, 219 See also Perpetual vicars Visitations: and clerical morality, 15; and church wardens, 73, 101–2; and parish leases, 85, 86n, 100–103; and absentee clerical rectors, 100– 103, 104, 108–9, 110; and church chancel/rectory building repair, 101, 126, 138; and disturbance of parish lease lessee, 118; and parish relationships, 138–39 Walrond, Humfrey, 184 Wardship, 229, 233, 235 Waste remedy: and church chancel/rectory building repair, 129, 132 Wealth: assumptions concerning manipulation of, 3; and laity/clerical relationship, 5, 226, 251; and agricultural produce, 13; parish as generator of, 16; and advowson rights, 17; and tithes, 32, 34, 36; and mortuary fees, 42, 43, 46; and landed wealth, 144, 209, 213, 216, 229; and clergy, 161, 162, 163, 164, 223, 238, 251, 254; and statutes of 1529, 161, 164, 172; and limitations on endowments of parishes, 171; and pluralism, 206; and religious houses, 209, 215–16, 217; and church, 218, 246; and religious houses’ dissolution, 226; and property law, 229, 232; and enforcement of statutes of 1529, 251 Wolsey, Thomas: fall of, 1, 27–28, 29, 148, 150; Henry VIII governs church through, 27; and sexual regulation, 67; and absentee clerical rectors, 144; and statutes of 1529, 146; and Cromwell, 150, 156, 157; and Darcy, 151; and premunire, 210; and religious houses, 217, 236 Women: and mortuary fees, 42, 44, 45, 46, 47, 169; and performance bonds, 51–52; and sexual regulation, 67–68; as parish lessees, 92, 93; and rectors, 105; and religious houses’ dissolution, 213; and property law, 229, 232 Works-oriented theology, 213 Writs and litigation, 18–21 Writs of cessavit per biennium, 59 Writs of consultation, 21–22, 25, 26–27 Writs of covenant, 116 Writs of darrein presentment, 19–20, 22 Writs of debt, 192 Writs of error, 176, 182 Writs of premunire, 23–29, 38, 45, 46, 62, 63–65, 74, 155, 210, 235, 240 Writs of prohibition, 20–22, 23, 25, 27, 29, 49, 56, 141, 240–45 Writs of quare impedit, 22, 29 Writs of right of advowson, 19–20, 22 Wycli√, John, 13–14 York Convocation of 1518, 109 ...Selling the Church studies in legal history Published by the University of North Carolina Press in association with the American Society for Legal History Thomas A Green and... Cataloging -in- Publication Data Palmer, Robert C., 1947– Selling the church : the English parish in law, commerce, and religion, 1350–1550 / Robert C Palmer p cm — (Studies in legal history) Includes... improve their standard of living by pursuing education, engaging in administration, taking a di√erent ecclesiastical position, following their own interests Chaplains, the poorest and least educated