Archiepisc. Cant. GUIL. LAUD I. CXLII. Anno Christi Reg. Angliæ King Charles' letter about leases.Reg. Laud, fol. 202. b. MOST reverend father in God, right trusty and right entirely beloved counsellor, we greet you well. We have of late taken the state of our several archbishoprics and bishoprics into our princely consideration, that we 5 may be the better able to preserve that livelihood, which as yet is left unto them. Upon this deliberation we find, that of later times there hath not risen a greater inconvenience, than by turning leases of one and twenty years into lives; for by that means the present bishop puts a 10 great fine into his own purse to enrich himself, his wife, and children, and leaves his successors, of what desert King Charles' letter] See Nos. LXXXIII. CXXXVIII. "On the same day on which the new statutes were received at Oxon, he [the archbishop] procured a supplement to be added to the old statutes of 15 cathedral and collegiate churches, touching the letting of their lands. Some informations had been given, that the deans and prebends of those churches had enricht themselves, their wives and children, by taking great fines for turning leases of 21 years into leases for lives, leaving their successors destitute of that growing means, which other20 wise might come in to help them. This was the outside of the business; but the chief motive to it was, that the gentry and yeomanry (and some of the nobility also) holding lands of those churches, might have a greater respect to the church and churchmen, when they must depend upon them from time to time for renewing of their said estates at the 25 end of every ten or twelve years at the most. For though it be alike lawful by the law of the land 13 Eliz. c. 20, to make leases of three lives or one and twenty years, at the pleasure of the dean and chapter, yet the difference is so great between them, that once a tenant to my knowledge, after a lease for three lives had continued 29 years in being, 30 chose rather to give a fine for the change of one life, than to take a new lease of 21 years without paying any thing." Heylin's Laud, p. 319. soever to us, and the church, destitute of that growing means, which else would come in to help them. By which course, should it continue, scarce any bishop would be able to live and keep house, according to his place and calling. We know the statute makes it alike lawful 5 for a bishop to let his lease for one and twenty years, or three lives; but time and experience have made it apparent, that there is a great deal of difference between them, especially in church leases, where men are commonly in great years before they come to those places. 10 These are therefore to will and command you, upon peril of our utmost displeasure, and what shall follow thereon, that notwithstanding any statute, or any other pretence whatsoever, you presume not to let any lease belonging to your archbishopric into lives, which is not in lives 15 already; and further, that when any fair opportunity is offered you, if any such be, you fail not to reduce such as are in lives, into years. And we do likewise will and require, that these our royal letters may remain upon record, both with your own register, and with the register 20 of the dean and chapter of your cathedral church at Cant., and that by them notice be given to all your successors respectively, whom we will that these letters shall concern as much as yourself, that they presume not to break any of these our commands in the least manner, 25 as both you and they will answer it at your and their uttermost peril. Given under our signet at our manor of Greenwich the two and twentieth day of June, in the year of our reign. tenth "Sic indorsatur:" To the most reverend father in God, 30 our right trusty and right entirely beloved counsellor, William, lord archbishop of Canterbury, primate and metropolitan of all England. The archbishop of Canterbury's letter about the same.—Ibid. fol. 207. a. 66 SALUTEM in Christo." My very good lord. Whereas his majesty in a princely consideration of the several bishoprics of this kingdom hath, amongst others, written to your lordship, to take care that hereafter the lands 5 belonging to your see be let for one and twenty years, and not for three lives, for the benefit of the church and your successors; I make no doubt, but you will carefully observe that his gracious pleasure; but in that diocese I hold it requisite you enlarge your care concerning the 10 lands of your bishopric already demised. I I pray therefore and do hereby require you to call upon every tenant that holds lands of your bishopric, that he make a survey of the lands he holds, and set the quantity of acres, the particular names of the closes, and other lands, as 15 they are and have been called, and in what township, parish, or county the same and every part thereof lieth; and if it be possible, that they do this before Michaelmas day next; also that they certify you how long they and their ancestors have held the said lands, now in lease to 20 them; and what houses they, or their ancestors have suffered to decay, and what remain in repair upon the same; and whether the rents answered unto the bishopric, be out of the lands they hold by the said several leases respectively, or out of any other lands, held from 25 the archbishopric, which they do receive of the bishop's freeholders as a chief; and that they express by what right they receive such rents; and how much the rents are, if they be not issuing out of the lands demised unto them. And though this course be taken, yet it is not 30 intended that you shall be concluded hereby, but the end is to prevent the concealment of the church's land, and to discover such as go about to conceal the same: and if you make it appear, that any tenant of your lordship doth hold more lands than he doth acknowledge upon this survey, I will inform his majesty of him, and his course against the church, that such further order may be taken with him as shall appertain to justice. 5 But I hope they will all deal fairly and conscionably with you. Thus recommending to you in this the care both of yourself and successors, I leave you to the grace of God, and rest Your lordship's very loving friend and brother, Croydon, August 16. MDCXXXIV. W. CANT. 10 Explication of the king's letter to the archbishop about leases.-Reg. Laud, fol. 208. b. CHARLES REX. MOST OST reverend father in God, right trusty and right entirely beloved counsellor, we greet you well. Whereas we did of late direct our princely letters unto 15 yourself, bearing date the two and twentieth day of June last past, as also other our letters to the dean and chapter of your cathedral church, whereby we did expressly forbid the letting of any church-lease or leases into lives by you or them, or any of your or their successors respect- 20 ively, excepting only such leases as were before the date of those our letters granted for lives; and concerning which we did require both you and every of them by all lawful means to endeavour, that they might be reduced to years again; all which we have done for the 25 great good and advancement of the church, as we doubt not in future times will plainly appear: now, forasmuch as we have been informed, that some, more affecting their present private gain, than the future good of the church, whereof they are members, have misinterpreted those our princely letters, and do conceive that the meaning is to prohibit only the letting of such leases into lives, as 5 are granted by the dean and chapter of any church, by common consent, and that every particular dean, archdeacon, or prebend, who hath any corpse belonging to his dignity, might notwithstanding dispose of it for lives, without breach of our royal command, as if we would 10 direct our letters to a body in general, and not intend to include every several member thereof; these are therefore to will and require you, that you fail not to signify this explanation of our princely pleasure to your several archdeacons, and to the dean and chapter of your cathe15 dral church, that they may impart it to every prebend; which is, that we do not only lay these our commands upon them, and their successors in general, but likewise upon every particular member of that church, whom they may any way concern, from the highest to the meanest 20 officer in the same, including the vicars choral in what church soever any such body is. And that no doubts further may hereafter be made concerning this matter, we will that these our letters, together with our former, should remain upon record, both in your registry and the 25 registry of the dean and chapter there, that so both they and their successors, from time to time, may take notice of them accordingly, as they will answer the contrary at their utmost perils. Given under our signet at our honour of Hampton court the sixth day of October, in 30 the tenth year of our reign. |