“I Discovered Such a Lay Force That I Could Not Remove Them”: Sacred and Secular Space and Ecclesiastical and Secular Authority in the Parish in the Fourteenth-Century Diocese of York
Abstract
:1. Introduction
The writ de vi laica amovenda
2. Diocesan Administration and Clerical Appointments
2.1. Appointing Parish Clergy
2.2. Responses to Presentation of Clergy
2.3. The Composition of a Lay Force
2.4. Responding to a Lay Force
3. High Politics in the Parish
3.1. The Beauchamps and the King
3.2. Edward II, the Beauchamps and Harewood
4. Laws of Church and State in Crisis
4.1. The Application of Two Laws
4.2. Secular Law in Sacred Spaces
5. Parish Churches and Parishioners
5.1. The Clerical View of the Parish Church
5.2. The Lay View of the Parish Church
6. Conclusions
Funding
Institutional Review Board Statement
Informed Consent Statement
Data Availability Statement
Conflicts of Interest
1 | The National Archive [TNA], SC 8/237/11848; Borthwick Institute for Archives [BIA], Reg. 7, fo. 142v. |
2 | TNA, C 255/22/2 no. 6. Because this writ was returnable or not at the discretion of the sheriff (that is it could be returned with a note on the obverse about the actions taken or not sent back at all) few copies of the writ survive. Returnable writs, kept in government records were more likely to survive. |
3 | On the inheritance of the advowson by Robert Delisle (de Insula) from the countess of Aumale (who d. 1293) laid out at a later date in (Sharp and Stamp 1908), no. 354. |
4 | Although the earliest we can see this actual writ is in the 1230s, in 1216/17 the synodal statutes of Newtown upon Trim chapter 9, laying down what should happen at rural synods says that they should hear cases ‘de intrusis vi laica in beneficia’ (about intrusion into benefices by lay force) (Bray 2006, pp. 111–12). This writ may have valid for a clerical invasion of property though perhaps only when a lay element was also involved. Rodes, in a very brief consideration of this writ, doubted whether any element of clerical force could have justified de vi laica amovenda’s use (Rodes 1977, p. 196). But in 1292 the bishop of Worcester (requesting this writ) described Northfield church as invaded by a clerical and lay force (TNA, SC 8/331/15593). |
5 | For a detailed discussion of this process, see (Logan 1968). |
6 | The two sorts of episcopal request could be confused in early use. In 1238 the bishop of Rochester requested the intervention of the secular arm to end the intrusion of the monks of Bermondsey into the parish church of Birling is said to have been to the prejudice of the rights of the bishop and church of Rochester, implying a form of trespass, and asks the king to have the force removed, while the rest of the document focuses on the monks’ contumacy for more than forty days in the face of excommunication, a phrase borrowed from de excommunicato capiendo (Hoskin 2022, no. 20). They could also be confused with other documents—as was the case in 1279/80 in Tynedale where Roger the rector’s petition to have the lay force which ejected him from his church removed also makes use of phrasing from de vi laica and from writs of trespass (Hoskin 2011, pp. 559–71). The two writs appeared together in one case; Archbishop Peckham requested both writs be issued in documents of 7 November 1280 and 7 and 12 May 1281 (TNA, C 85/3/24, 32 and 35; Logan, Excommunication and the Secular Arm, p. 83. By the fourteenth century, when they were clearly distinct, their similarity recognised by their appearance together in registers of writs: Oxford, Bodleian Library, MS Rawlinson C 292, fos 9a–104a (1318–20), edited in Haas and Hall (1970). The writ de vi laica amovenda appears on page 140. For the register’s dating see ibid., pp. lix–lxi. |
7 | Calendar of Patent Rolls 1292–1301, p. 323; BIA, Reg. 5A, fo. 58r (calendared Brown 1916, p. 321). |
8 | Taxatio online https://www.dhi.ac.uk/taxatio/benkey?benkey=YK.YK.AN.30 (accessed 31 July 2024). |
9 | For Lincoln’s plan to deal with unqualified presentations of rectors (where that was possible) see (Hoskin 2014). Matthew Paris describes John de Gatesdene as giving up his rectories when he married, so clearly, he was not ordained to higher orders (Luard 1872–1883, vol. iv, p. 403). Bogo de Clare held over thirty benefices, some of them as a child, in the late thirteenth century. At his death the Worcester annalist noted that although only God knew if Bogo’s life was worthy of praise, if was certainly not worthy of imitation (Worcester Annals, Luard 1864–1869, vol. iv, p. 517). Between 1306 and 1311, the main period of activity at Harewood, the registers of the archbishops of York record the following entries for rectors described as acolytes (so in lower orders). BIA Reg. 5A (Sede vacante) in 1306 rectors of Catton (fo. 73r); Shelton (fo. 73r) Welbury fo. (74v) Kirby in Cleveland (fo. 74v). Only two of these appear to have been ordained to higher orders and those not immediately on institution. Register 7 (Archbishop Corbridge) in 1306 rectors of Bramwith (fo. 109v), St Mary Castlegate, York (fo. 109v), in 1307 Dalby (fo. 158r) St Cuthbert York (fo. 127r), Kirk Bramwith (fo 118v), Kirk Sandall (fo. 121r) in 1308 Misson (fo. 241r), Skelton (fo. 172r), Foston (fo. 171v) in 1309 Attenborough (fo. 249v), Kettlewell (fo. 140r, Thorpe in the Glebe (fo. 249v), Sancton (fo. 208v), Rither (fos144v, 145v), Welbury (fo. 176r), Halton (fo. 176r), Gisburn (fo. 145r), Bilsthorpe (fo. 253v), Langar (fo. 254r), in 1310 Crofton (fo. 149v), Linton (fos 153v, 154r), Kettlewell (fo. 154r), Gate Helmsley (fos 185v, 187v). Of these, five rectors (at Misson, Attenborough, Thorpe in the Glebe, Sancton and Rither) show definite evidence of later ordination to higher orders, that at Sancton not for another four years, so his ordination has nothing to do with his institution here. One Robert of Newby, rector at St Cuthbert York is possibly the acolyte of that name who was rector of Hutton Wandesley and given licence to study in 1317 or possibly the man of the same name called chaplain (often though not always a term for those ordained priest) instituted to Holy Trinity Micklegate also in 1317 (Reg. 7, fos 213r, 124r, 205v, 209v). William of Aberford, acolyte and rector of Kirk Sandall in 1307 could be the man of that name who is a priest in 1316 (Reg. 7, fo. 122r). (details taken from a search of the York Archbishops’ Registers database https://archbishopsregisters.york.ac.uk/home_page/index accessed 1 August 2024). |
10 | BIA, Reg. 7, fo. 149v. |
11 | BIA, Reg. 5A, fo. 58r (calendared Reg. Romeyn and Newark, p. 322). On letters dimissory see (Rodes 1977, pp. 114, 116). |
12 | BIA, Reg. 6, fo. 31r (calendared Brown 1925, p. 42). |
13 | Calendar of Patent Rolls 1292–1301, p. 486. |
14 | BIA, Reg. 6, fo. 35r (calendared Reg. Corbridge, p. 56). |
15 | BIA, Reg. 6, fo. 44v (calendared Reg. Corbridge, p. 77). |
16 | BIA, Reg. 7, fo. 118v. The papal permission for bishops to give these licenses, Cum Ex Eo, should not have applied to Humphrey as he was still not in higher orders although it was possible to receive such a licence if you proceeded within one year to sub-deacon. The remainder of the church’s income after the rector’s support went to a clergyman to fulfil the church’s duty—a man who was often poorly paid (Brundage 2008, pp. 278–79; Boyle 1962, pp. 263–302; Haines 1989, pp. 138–55; Logan 2014, pp. 26, 36, 46, 61, 65). |
17 | BIA, Reg. 5A, fo. 146v (calendared Brown and Thompson 1934, p. 207). For the appointment of the archdeacon of York as commissary in the case in February 1309 see BIA, Reg. 7, fo. 139v (calendared Reg. Greenfield, p. 59). |
18 | He also continued to act as the patron of the church (Maxwell Lyte 1894, p. 139; Public Record Office 1927, p. 280). |
19 | Calendar of Patent Rolls 1307–1313, p. 98. |
20 | He had held the King’s free chapel at Shrewsbury from September 1308, the benefice of Kelvedon from December 1308 and had been reinstituted here in February 1309 on the resignation of Geoffrey de Hakenesse, suggesting a dispute over possession of the church here too (Kelvedon was in the king’s patronage because of vacancy in Westminster abbey) (Calendar of Patent Rolls 1307–1313, pp. 97, 100, 106, 139). |
21 | BIA, Reg. 7 fo. 118v. This appears in the register as a note that the letters were issued ‘in the accustomed form’. |
22 | See above pp. 3–4. |
23 | BIA, Reg. 7, fos 139v, 141v (calendared Reg. Greenfield, pp. 59, 64). |
24 | BIA, Reg. 7, fo. 142r (calendared Reg. Greenfield, p. 65). The calendar omits much of the relevant detail here. |
25 | By administration is meant whoever is acting for the bishop in the issuing of these documents. This is rarely clear, they could come through the chancellor, they could come at the instigation of the Church courts, they could have been on instruction of the bishop’s official, they could even be the direct instruction of the archbishop though this is increasingly unlikely in the fourteenth century. |
26 | See Wakefield (1307), Pontefract (1315) who have actually withheld tithes and St Mary Nottingham (1315) who have been conspiring to do so. In the case of St Mary’s, the memorandum specifically compares this case to that at Pontefract. (BIA Reg. 7, fo. 127v; Reg. 8, fos 105r, 209v). |
27 | TNA SC 8/329/E966; (Hill 1954, pp. 59–60, 140–41, 172–73, 181). |
28 | On this case see (Hill 1965, pp. 122, 132, 201). |
29 | TNA, SC 8/331/11598 dated 1304 requests the sheriff to intervene at Bardney. The force is named in the (Maxwell Lyte 1908, p. 211). The rolls do not say if these are parishioners or not, though some of them are given professions which suggest locals rather than members of a lord’s household. |
30 | BIA, Reg. 10, fo. 3r; BIA, Reg. 7, fo. 149v and on bloodshed and churches see (Rodes 1977, pp. 126–27). |
31 | That is, he was not holding in plurality, another common issue. In ecclesiastical law, shedding of blood on consecrated ground was desecration, and if it was proved, reconsecration was necessary. |
32 | BIA, Reg. 7, fo. 149r (calendared Reg. Greenfield, pp. 64–65, note 4). |
33 | BIA, Reg. 7 fo. 153v (calendared Reg. Greenfield, p. 93). |
34 | BIA, Reg. 7 fo. 154v, (calendared Reg. Greenfield, p. 95). Humphrey was still non-resident at this point as, according to the document, he was instituted through his proctor. |
35 | BIA, Reg. 8 fo. 64r, (calendared Reg. Greenfield, p. 111). |
36 | BIA, Reg. 8 fo. 102v. (calendared Reg. Greenfield, p. 189). |
37 | BIA, Reg. 8, fo. 112r.(calendared Reg. Greenfield, p. 189). |
38 | Calendar of Patent Rolls 1317–1327, 83; TNA, C 85/181/21. |
39 | BIA, Reg. 9A, fo. 180r. |
40 | BIA, Reg. 9A fo. 182v. No reason is given for the church being vacant at this date. |
41 | Calendar of Patent Rolls 1292–1301, p. 419. |
42 | If Humphrey had been willing to resign, another king’s clerk, Master John of Caen (de Cadamo) was the chosen rector (Public Record Office 1927, p. 196). |
43 | Maxwell Lyte (1894, p. 139); (Public Record Office 1927, pp. 196, 280). Robert Delisle was declared to have reached the age of twenty-one on 21 March 1310 (Calendar of Inquisitions Post Mortem 5, Edward II 1307–1327, no. 229) but had claimed he had reached his majority the year before. |
44 | On the inheritance of the benefice and manor at the death of Isabella de Forz, countess of Aumale (d. 1293) when Robert Delisle was declared her heir, see Sharp and Stamp (1908), no. 354. Isabella held the manor through her third husband, previously lord of Harewood, all her children by him having predeceased her. |
45 | For a recent short biography of Robert de Linsle see (Smith 2003, p. 12). For Robert’s marriage see (Maxwell Lyte 1893, p. 541; 1906, p. 601). |
46 | Robert is first described as patron in Archbishop Greenfield’s register on 9 April 1310 and presented Humphrey on 23 November, when an episcopal sequestration of the church of Harewood was also lifted (BIA, Reg. 7 fos 149v, 154v calendared Reg. Greenfeld, pp. 80, 95). See also above. |
47 | To the late fifteenth century I have found only four cases where the underlying dispute did not involve patronage and/or the right to hold a benefice as a member of the clergy Two were invasions of York Minster, in 1317 and 1345, which concerned the archiepiscopal right to visit the Dean and Chapter. The other two were over religious houses including, in 1318, as part of a prolonged conflict over the appointment or removal of the Head of Prittlewell, and in 1347 over the election of the abbot of Dore (TNA, SC 8/236/11756, SC 8/235/11707, SC 8/235/11708; Smith and London 2001, pp. 248–49; Logan 1996, pp. 119–20, 200, 202). |
48 | |
49 | See for example (Powicke and Cheney 1964, vol. i, pp. 472, 541, 603, 689, vol. ii, p. 1031). |
50 | Calendar of Close Rolls 1296–1302, p. 154. |
51 | As at Prittlewell priory in 1318. (Maxwell Lyte 1895b, pp. 8–9; Smith and London 2001, pp. 248–49). |
52 | Technically a lay force could have been without weapons. Elsewhere they certainly did make use of them. The fullest example is at Gosberton (mentioned above) where the aftermath of the lay force involved these being laid out in the parish church (Hill 1965, p. 132). |
53 | Bolle described sacred space as one of the defining essentials of all religious traditions, see (Bolle 1969, pp. 127–33). |
54 | See for example (Tanner 1977, pp. 16, 64) where a lack of willingness to engage with church services is amongst the accusations. |
55 | For a comprehensive survey of the role of sanctuary see (Helmholz 2001, chp. 2). |
56 | There were no pews in medieval churches, so they provided wide open spaces. |
57 | Rodes (1977, pp. 126–27); Council & Synods 2 ii. 780; (Davies 1968, p. 95; Kieckhefer 2004, p. 283). |
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Hoskin, P. “I Discovered Such a Lay Force That I Could Not Remove Them”: Sacred and Secular Space and Ecclesiastical and Secular Authority in the Parish in the Fourteenth-Century Diocese of York. Religions 2024, 15, 1097. https://doi.org/10.3390/rel15091097
Hoskin P. “I Discovered Such a Lay Force That I Could Not Remove Them”: Sacred and Secular Space and Ecclesiastical and Secular Authority in the Parish in the Fourteenth-Century Diocese of York. Religions. 2024; 15(9):1097. https://doi.org/10.3390/rel15091097
Chicago/Turabian StyleHoskin, Philippa. 2024. "“I Discovered Such a Lay Force That I Could Not Remove Them”: Sacred and Secular Space and Ecclesiastical and Secular Authority in the Parish in the Fourteenth-Century Diocese of York" Religions 15, no. 9: 1097. https://doi.org/10.3390/rel15091097