Illustrative Documents: Seventeenth-century documents relating to statutes of Warham, Colet and Wolsey

XVII. EXCERPTS FROM MS. M., RELATING TO THE STATUTES OF BISHOP WARHAM, DEAN COLET, AND CARDINAL WOLSEY.

Extract No. 1.

Relating to the Number of Residentiaries.

The number have been four more and less, and but one when Mr. Mullynes (fn. 1) was Residentiary, and but 2 when Mr. Watts (fn. 2) came in for a long time, and but 3 in Deane Nowell's (fn. 3) time for a long time together, yet there were of 30 prebendarys divers not unwillinge to be resident.

That Mr. Nowell told him that it [Bp. Bonner's] (fn. 4) was a good Composition.

He never said so to us, but at our comming in shewed us his Book of Statutes and sayd, There be here in the end shewed B. Warham's and Wolseis Statutes; but they are no Statutes; you must sweare to keepe these, devidinge them in the jeaves from the residue. But of the Composition he never showed us any Copie, nor spake any word.

Extract No. 2.

Festa Majora.

1. Natalis Domini.
2. S. Stephani.
3. Johannis Evangelistæ.
4. Innocentium.
5. Circumcisionis.
6. Epiphaniæ.
7. Conversionis Sancti Pauli.
8. Purificationis.
9. Annunciationis.
10. Paschæ cum 3.
11. Ascensionis.
12. Pentecostes cum 3.
13. Trinitatis.
14. Nativitatis Johannis Baptistæ.
15. Petri et Pauli.
16. Omnium Sanctorum.

Extract No. 3.

My Lord of Canterbury and my Lord of Bath's certificat to my Lord Chauncellor. 1612.

May it please your Lordship,

We have beene oftentimes intreated by Mr. Deane of Paules (fn. 5) to reporte unto your Lordship what we have found in the cause of Sutton Mannor, which is in controversy betweene him and the Residentiaries of that Churche, the consideration whereof was by your Lordship's order comended to the Bishop of Elye and us; the truth whereof is that we have many times mett and herd what could be said by the lerned Counsell of both sides: as allso we have seene and scanned so many records and books as were produced before us, in all which we must ingenuously acknowledge that we doe not finde anie thing which may give us satisfaccion that by the Orders and Statutes of that Churche anie lease may be good whereunto the Deane hath not given his consent. We are sorry we are not able to compose this cause without farther troubling of your Lordship (suche stiffeness we find where we did not expect it), and therefore we are constrayned to returne it to suche course of lawe as your Lordship shall see convenient. So, desyring the Allmighty long to blesse your Lordship in the good of the Churche, we take our leave.

Your Lordship's very ready to doe you service,
Geo. Cant. (fn. 6)
Jas. Bath. Et Well. (fn. 7)

24 Julii, 1612.
Directed,—To the right honourable the Lord Chauncellor of England, our very good Lord.

Extract No.4.

Statuta, ut vocantur, Residentiæ Exhibita a Jo. Colet (fn. 8) Decano Domino Cardinali Eboracensi, legato a latere. 1528. (fn. 9).

fo. 3. Sunt quatuor Residentes sub Decano residente.

In quem consenserint Decanus et major pars residentis Residentiarius habeatur.

4. In nulla alia Ecclesia sit Residens.

5. Intersit divino officio omnibus diebus si particeps dividentis.

In dominicis et festis omnes [intersint].

13. Controversias inter Residentes et Decanum Episcopus.

17. Absentia nulla, nisi Morbo approbato per Decanum et Capitulum.

18. Portio Decani dupla.

19. Nullo pacto Decanus et Residentes ultra portionem assignatam accipiant, exceptis pitanciis, pecunia, et finibus prestitis, et boscis; et nullo pacto dividant Residentes, sed in Thesauro Ecclesie reponant.

21. Nullus Residens sit Officiarius, nec Receptor Generalis, nec Camerarius.

22. Cista trium Clavium, sicut a Domino Warham Episcopo in visitatione sua.

26. Auditor incipit computum suum statim post festum S. Michaelis et perficiat ante Natalis diem.

In focalibus Decani Residentis portio in aliis omnibus dupla.

Extract No. 5.

Statuta Woolsey. (fn. 10) 1518.

1. Exhibita extracta per Decanum solum, tunc contra Capitulum, nec vera erant, nec indeferenter collecta.

2. Made by a Straunger, not as the Popes Legat, but by compromise, the B. of London pretermitted; who, in all other Statutes, is chiefly respected.

3. The Assent of the Chapter of penalty of the Chapter totius Ecclesiæ, and under their common seale, not proved.

4. They have no date.

5. Never sealed that any man can wittness, but onely the Cardinales hand to them.

6. Delivered to Deane Collect, then out with the Chapter, at whose instaunce they were made.

7. Not observed soe made after Michaelmas, and not received by the Chapter till June or July as is alleadged, when all used to be absent in the great vacacion; and before Michaelmas deane Collect dyed.

8. Next yeare were 6 Residentiaries, which would not have been if the Statute of 4 had been good.

9. In deane Coles (fn. 11) time, Mr. Armested (fn. 12) (and he was an Auncient Resident, from K. H. time to Q. Marie, and a lawier,) protested to B. Bonner against them in Q. Maryes time, and against Warhames and Fitzjeames (fn. 13) Statutes, quod in nullo observabant ab aliquo Predecessorum quod ipse noverit.

10. Deane Sampson (fn. 14) and deane Incent (fn. 15) appealing to the K. and Chauncery against the Residentiaryes is against the Chapter De litibus sedandis (fn. 16) provided in those Statutes.

11. Non redduntur in forma Statutorum, sed reservata sibi fuit ea potestas quam non prestitit.

12. No Bull, no royall autorite, as in realibus, no wittnes as in other Statutes.

Extract No. 6.

Statuta B. Warham. (fn. 17) 1502.Decemb. 20.

1. Deane Nowell disclaymed them, sayinge to us when wee tooke oath that they were onely the Statutes whereof we had a booke given, and not Warham nor Wolsey, which were in the end of his booke onely.

2. Deane Sampson, in favour with B. Fitzjeames who succeded Warham, complayned in Chauncerye; which by oath if they were Statutes he could not doe.

3. D. Nowell, (fn. 18) in B. Bancroft's (fn. 19) Visitacion, and Mr. Armested, did deny them to be Statutes before him as [by] the records of B. Bonner appeareth.

4. The practises of the Church for a long time after to the contrary as cap. 10, 12, et 13.

Incent procurat Compositionem Bonneri.

Collet in discordia cum Residentiariis procurat Statuta Woolsey sine dat.

5. Impossibilia ad sunt quædam ob desuetudinem.

Pro computis.

Pro firmis dimittendis nisi pro 5 annis.

Non confirmata bulla vel regia autoritate qua propter successionem non obtingant.