Contents of the fikst volume
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prornoveri." Another proof of extreme accuracy in the Status de Blackburnshire is the following. We have before observed, that in this memoir there is an hint of some dependence to which the Deans of Whalley were reduced under the lords of Blackburnshire after the Conquest, which, though it did not break the order of hereditary succession in the benefice, imposed upon them a necessity of obtaining commendatory letters from the lord previous to institution. This was undoubtedly regarded by the latter as a species of patronage : and accordingly, when upon a temporary forfeiture of the Lacies, in the reign of Henry the First, this great fee became vested in Delaval, the latter actually granted to the priory of Kirkby (Pontefract) in Cestriashyre, 3 " Walleyse ecclesiam et ad earn pertinentia, et
the peculiarity of this description. In Domesday Book we have seen that what is now the part of Lancashire south of Kibble appears to be classed with neither cotlnty, but is surveyed by itself under the title of " Terra inter Ripam ct Mersam." But in Delaval's charter it is plainly considered as part of Cheshire ; and, of the dependent parishes, Slaidburn is afterwards granted by name to the same priory of Kirkby, and the churches of Blackburn and Rochdale are not mentioned at all, because the former had already become private property, and the latter was not yet in existence. It is further remarkable that St. Michael in the Castle is described as a chapel, though endowed with tithes, and St. Magdalen in the Town, together with Colne and Burnley, are called churches, though it does not appear that they ever received tithes at all.
BOOK II. CHAP. L] ECCLESIASTICAL HISTORY. 77 capellam castri de Clyderhow cum decimationibus omnium terrarum dominicalium mei ejusdem castri, et ibi ecclesiam beatse Marise Magdalense, et ecclesiam de Calna, et ecclesiam de Brunlaia." A subsequent restoration of the Lacies prevented this alienation from taking effect ; but it was contested with the true pertinacity of monks even after the foundation of the abbey, and a lapse of two centuries.
Whalley priori et conventui de Pontefracto per cartam suam quern habent, qui praesentaverunt ad earn successive A. B. C. D. qui omnes pradicti admissi et instituti fuerunt ; inter quos erat quidam nomine Sparlinge, quo defuncto, successit ei quidam Liwlphus qui cognominabatur Cuttewulfe, eo quod sedens quadam vice in foresta de Rossendale, ad locum qui vocatur Ledmesgreve, respiciendo canes suos currentes, lupum quondam juxta se currentem decaudavit. Dofuncto vero prasdicto Liwlpho, quidam prsedecessor dicti Comitis, vacante dicto prioratu et in sua custodia existente, praesentavit nomine custodis quondam Galfridum ad eandem, qui duxit in uxorem filiam Gospatricii D nl de Samelesbury, de quo genuit filios et filias, de quorum progenie multi adlmc nobiles in illis partibus manent. Dcfuncto praedicto Galfrido, successit ei Galfridus filius ejus, quasi nomine haereditario, gratia super hoc prius ii curia Romana impetrata ; quo defuncto quidam antecessor dicti Comitis prsesentavit quendam Rogerum, ct post ipsum Petrum de Cestria, praedictis priore et conventu reclamare 11011 audentibus. Vivente autem Petro de Cestria prsedictas Comes Lincolniae Henricus de Lascy nomine dedit patronatum praedicte Ecclesiae de Whalley, Coventrensis et Lichefeldensis diocesis, Abbati et Conventui de Stanlawe ordinis Cisterciensis dictzc dioecesis, rccepta prius ab eis litera obligatoria quod, quotiescumque vacaret, prsescntarent ad earn quern ipse aut hasrcdes sui vellent, et non alium, nisi possent earn in proprios usus impctrare ; qua impetrata augmentarcnt numerum solitum monachorum, ita quod ab illo tempore essent sexaginta ubi prius fuerunt quadraginta, et quod monasterium suum ad territorium dictae Ecclesiae transferrent. Postea Nicholaus papa Quartus concessit eis appropriationem ejusdem (cedente vel decedente Rectore), salvis congruis portionibus pro Vicaria. Postea papa Bonifacius revocavit appropriationes concessas per praedictum prasdecessorem suum Nicholaum, do quibus non habe- batur ipso die jus in re licet ad rem. Postea decessit prsedictus Petrus de Cestria octodecimo kalendas Januarii anno Domini Millesimo ducentesimo iionagesimo quarto, quondam ad prsesentationem avi dicti Comitis, id est, domini Johannis de Lascy, institutus, qui in vita sua nunquam ccdere voluit ; quo defuncto pradictus Henricus de Lascy comes, tanquam in jure proprio existens, ingressus est ad dictam ecclesiam, dictos religiosos multis diebus excludendo, qui pro ingressu habendo remiserunt et quietum clamaverunt dicto comiti et haeredibus suis in perpetuum quandam capellam infra limites dictee Ecclesiaj existentem, valentem annuatim c marcas sterlingorum, et alias multas libertates infra forestas dicti comitis, dictaa ecclesiae ab antique spectantes, ut venandi et feras omni tempore anni ad libitum capiendi ; et sic, lectis ante fores dictae ecclesiae super hiis instrumentis, die Purificationis sanctas Mariae post revocationem prsedictam, adepti sunt ingressum, nullum jus ad appropriationem prsedictam, ut praedictum est, habentes, praesente populo non parvo et clamante Vae vobis Simoniacis I Postea composuerunt cum domino Rogero de Meau- land tune episcopo contra hujusmodi ingressum provocante, appellante, et sequestrum interponente, de CCCL marcis sterlingorum ; de quibus post obitum suum satisfecerunt executoribus dicti episcopi de centum libris sterl. obligantes se et successores suos ad anniversarium dicti episcopi imperpetuum pro residue faciendum, et sic, pacto et praetio mediantibus, adepti sunt possessiones dictae Ecclesiae, nullum jus habentes ad ejusdem appropriationem. Et sic lapsu temporis duodecem annorum devolvitur collatio ejusdem ad Dom m Papam, 78 HISTORY OF WHALLEY. [BOOK II. CHAP. I. eo quod de jure vacaret per idem tempus. Ex praemissis patet quod Prior et Conventus prsedicti habent cartam et sesynam, quod non est aliud nisi prsesentatio cum effectu. Abbas et Conventus praedicti habent cartam solomodo sine sesyna, eo quod nunquam preesentaverunt. Ecclesia vero praedicta valet siugulis annis ad minus deductis expensis quinquaginta marcas sterlingorum. Qualiter postea impetraverunt confirmatio- nem predict! Papae Bonifacii (nulla facta mentione de convention ibus prsedictis), et confirmationem Episcopi qui tune temporis fait, pro mille marcis sterlingorum, et confirmationem capitulorum Coventreusis et Liche- feldensis et loci Archidiaconi pro quindecem libris sterlingorum annuaj pensionis, imperpetuum solvendis, non est opus exprimere. Set errores prsedictos radicis infectse. Hoc autem sciendum quod omnia praemissa notoria sunt, et quod ab ingressu dictorum religiosorum in dictum beneficium de malo in pejus, usque ad hodiernum diem, ad scandalum cleri ct populi dissentio semper pullulavit. Et sciendum quod omnes Eectores dictaj Ecclesice usque ad tempus domini Pctri de Cestria cognominabantur Decani et non Rectores. Nuper deccssit Vicarius dicta: ecclesiee, cujus portio, secundum ordinationem ordinariorum, valebat centum libras sterlingoruni. Et prsescntatus est ad vicariam, nuper ordinatam per dominum Papam, nuuc quidam capel- lanus, contra cujus ordinationem appellatum est per Episcopum et Archidiaconum, et causa per impletionem, similiter et collatio co quod de jure et de facto per annum et dimidium jam vacavit, devolvitur ad Papam.
and convent of Pontefract, or their advocates. In the first place, it was their object to prove ihejus in re, and therefore, forgetting that Hugh de la Val, from whom they derived their title to the benefice, lived in the time of Stephen, they pretend to prove a presenta- tion, in the person in Liulphus Cudwlph, who lived before the Conquest. In the next place they pretend that an ancestor of the then Earl of Lincoln presented, during a va- cancy, as patron of the convent ; and that in consequence, on the next avoidance, the representative of the Lacy family presented as in his own right, but of this there is neither proof nor probability. Delaval's charter appears never to have been confirmed ; in con- sequence of which defect his grant to the priory of Pontefract was invalidated, and the advowson returned, with the other estates of the Lacy family, to their former owners.
and the monks of Stanlaw were shamefully simoniacal, and the convent of Pontefract expose them con amore ; but the value of the rectory of Whalley was greatly overrated.
singular with the institution of the Deanery ; and that is, the existence of an endowed Vicarage before an appropriation of the Rectory.
it has been remarked that vicarages, in the present sense of the word (endowed, that is, in perpetuity with a certain portion of glebe, tithes, and offerings, by an act of the ordinary), rarely occur before the reign of John, 1 yet the institution of vicars in a larger and more general sense is certainly coeval with the first donations of benefices to religious houses, and evidently arose out of the necessity of the case. Neither were these substitutes merely stipendiary curates removable at pleasure, for they appear to have held their offices by institution ; but their provision at first was arbitrary, and the subsequent endowment 1 There is, however, one instance of an endowed vicarage as early as 1129, 29 or 30 Hen. I. Kennel's Par. Ant. p. 90.
BOOK II. CHAP. I.] ECCLESIASTICAL HISTORY. 7t> of vicarages seems to have arisen from a general abuse of this discretion in the regulars, of which bishops were willing to take advantage, as it contributed at once to an extension of their own authority, and to the independence of a depressed and useful body of men.
appears from Domesday, that many benefices were even then, wholly or in part, fallen into the hands of laymen ; and the minister actually officiating in such churches, whether he received a portion of the tithes, or by what means soever he were supported, was, both then and later, called "Presbyter qui ecclesise servit, 1 sacerdos, clericus ecclesiEe," &c. though a little before that time Thomas, Archbishop of York, 17 William I. in a general confirmation to the priory of Durham, enjoins " ut Vicarios 2 in eis libere ponant." This is the first instance in which the word has occurred to me. If, therefore, these substitutes were in actual use from the year 800, 3 when appropria- tions of churches founded by laymen first occur, and were wanted alike in benefices appropriate and those which had been seized by laymen, there can be no doubt that they would be equally employed by the semi-stecular Deans of Whalley ; and that they were, in fact, so employed, may be proved by the example of the last Dean, who, in conformity to the decree of the Lateran Council, having aspired to the Order of Priesthood, though he resigned the Deanery, retained, or rather presented himself to, the vicarage, with its rights, which were not inconsiderable ; for we find that Peter de Cestria, the first and only Rector, who was the presentee of John de Lacy, received from the benefice, during the life of Roger, only a pension of fifty marks, or about a third part of the income. 4 The largeness 1 Domesday, in Clamoribus Everwykschyre. 2 Seld. Hist. Tithes, c. 12, part i. and Rog. Iloveden, part i. f. 263. This injunction shows that the ordinary did not yet ordain vicarages, but exhort patrons and lay possessors of benefices to the appointment and liberal payment of vicars.
Eoger the last Dean, during his lifetime, transferred the church of Whalley to the patronage of John Earl of Lincoln, the Earl presenting thereto his clerk Peter de Chester, but at the same time the Dean retaining to himself, under the name of Vicar, all the emoluments, except a yearly pension of sixty marks. Dr. Whitaker derived the number "fifty " from the memoir De Statu BlagbornesMre, as printed in the Monasticon, but that " sixty " is correct appears as well from various other MSS. as from the Earl of Lincoln's letter of presentation addressed to Alexander de Stavenby, Bishop of Coventry and Lichfield 1224-1238, which is introduced into the Coucher Book of Whalley, tit. 5, No. Ixii. p. 293, with these remarks: " Quia vero quidam dixerunt, licet male, quod Prior et conventus de Poutefracto pra;sentaverunt dominum Petrum de Cestria ad Ecclesiam de Whalleye, sequitur hie transcriptum prscsentationis pro dicto Petro ad dominum Coventr. et Lich. episcopum facto per dominum Joh. de Lascy, comitem Lincolnise, quam habemus sigillatam:
" Reverendo Domino et Patri in Christo karissimo domino Alexandro Dei gratia Coventrensi et Lichfeldensi episcopo vel ejus officiali Johannes de Lascy, Comes Lincolniaj, Constabularius Cestria:, Salutem et debitam cum omni devotione reverentiam. Noverit paternitas vestra me divinse caritatis intuitu concessisse quantum ad patronum pertinet Petro de Cestria clerico personatum Ecclesise de Whalley vacantis percepturo inde annuatim sexaginta marcas annua: pcnsionis nomine. Salvo residue totius Ecclesias cum pertinentiis nomine Vicarise Eogero de Whalley. Quapropter 80 HISTOEY OF WHALLEY. [Boon II. CHAP. I. of the sum reserved to the Vicar will excite the less surprise, when it is understood that the Dean had yet a power, jure patronatus, of fixing the endowment for himself, as ordi- naries had then scarcely begun to interfere in such concerns, and indeed he could have encumbered his own resignation with such conditions as he thought proper. This ancient vicarage, however, expired in the same person with the deanery ; for, on the death of Roger de Whalley, Peter de Cestria procured from Roger, Bishop of Lichfield, in 1249, 1 a consolidation of both parts of the benefice, after the following form :
vel ejus official! salutem, gratiam et benedictionem. Noveritis nos secundum Deum et justiciam Vicariam quam Eogerus de Whalleye quondam in vita sua obtinuit in Ecclesia de Whalleye personatui ejusdem ecclesia?, quam quidam Petrus de Cestria auctoritate nostra obtinet, sibi canonice intitulatum consolidasse. Quare vobis mandamus firmiter injungentes quatcnus dictum Petrum vel ejus procuratorem in corporalem possessionem totius Vicarise et omnium bonorum ad dictam Vicariam spectantium una cum personatu inducatis. Salvis tamen quibusdam possessionibus ab Abbate et Conventu de Stanlawe et domino Eogero de Meuland infra dictam parochiam nomine Ecclesia? de Blakburn obtentis, et salvis fructibus istius anni usque ad festum Sancti Micliaelis, si secundum consuetudinem episcopatus ad opus defuncti debeant reservari. Dat. apud Stanlawe pridie kal. Junii pontificatus nostri anno quarto. (Coucher Book, Tit. 5, No. Ixiii. p. 293, compared with Harl. MS. 1830, p. 18, and Lansd. MS. 973, f. 51.)
the advowson, together with the act of consolidation, put an end to the peculiar constitu- tion of the benefice itself ; but Richard, brother of this incumbent, himself also an eccle- siastic, profiting by the bounty of the Lacies, his kinsmen, 2 settled upon the Villa de Tuiilay, and became progenitor of a flourishing family, yet subsisting, after a lapse of six centuries, legitimate descendants and representatives at once of the ancient Deans of "Whalley * and Lords of Blackburnshire.
supposed, with great probability, by Sir Peter Leycester, to have been a natural son of eundem clericum ad dictum personatum vobis presento, attentius supplicans quatenus eundem admittere et quod vestrum est eidem facere velitis. Valete."] 1 [Dr. Whitaker printed this date 1245, but the date of the instrument is evidently the 31st May, 1249, the fourth year of the episcopate of Roger de Weseham. This is confirmed by the following memorandum : " Hsec rediutegratio facta fuit per dominum Eogerum de Weseham episcopum anno Domini Mccxlix. quia ipse consecratus fuit anno Domini Mccxlv." (Marginal note, Coucher Book, Tit. de Whalley, No. Ixiii. p. 293.) The " domino Rogero de Meuland " with whom a composition had been made, was then a Canon of Lichfield, and subse- quently (in 1257) Weseham's successor as Bishop. * Roger the last Dean of Whalley and Richard de Tounlay or Townley his brother stood in relationship of second- cousins to Henry de Lacy third Earl of Lincoln. Roger had evidently derived his name from his great-grandfather Roger de Lacy constable of Chester, the father of the first Earl, John. . The relationship is distinctly stated in the following monastic memorandum: " In 1 et 3 gradu, viz. Johannes in 1 et Rogerus in 3. Nam soror dicti Johannis comitis Lincolnise erat avia Rogeri decani, uxor Galfridi senioris, et filia Roger! Lascy." (Harl. MS. 1830, f. 16 marg. note.)]
BOOK II. CHAP. I.]
ECCLESIASTICAL HISTORY. 81
Lacy. 1 He was a very long-lived man, having been instituted A.D. MCCXXXV. and dying on the festival of St. Fabian and Sebastian A.D. MCCXCIIII. He was also Rector of Slaidburn, and Provost of Beverley. All that I find concerning him further was, that he vigorously opposed the erection of Altham into a parish church ; and that he obtained charter of free warren in his manor of Whalley. 2 His death was the commencement of a new and memorable sera in the history of Whalley. Before we take leave of this subject, it may throw some light both upon the preceding disquisition, and upon the origin and constitution of the dependent churches which arose out of our ancient parish, to state the respective ranks and rights of these foundations, according to the Saxon laws. These were of three orders : 1st. The ealban mynrtpe, or mother church. 2nd. The church having a legejijtope, or place of burial. 3rd. The pelbcypic, field kirk, or chapel without a cemetery. The word ealban mynjtjie appears sometimes to mean the cathedral church ; but more generally denotes those churches of ancient erection, to which tithes were due of common right, from the first foundation of parishes in the present sense of the word. 3 Cynic and mynrtne appear to be synonymous ; for not only cathedrals but the larger mother churches had frequently more priests than one, living, probably, in the collegiate manner ; and the Saxon monasteries themselves, before the time of Dunstan, usually consisted of secular priests, who lived together without rule and without vows. In this sense Whalley may properly be considered as the ealban mynjtne, or mother church. But if a Thane had erected on his own Bocland (freehold or charter land) a church having a legepjtope, he was allowed to substract one-third part of his tithes from the mother church, and to bestow them upon his own clerk ; and so essential was this circumstance of a legejijtope, or cemetery, to the constitution of a church, that even as late as 23 Hen. III. 4 in a case of quare impedit, the issue was not whether it were church or chapel, but whether
Rector of Whalley." (Leicester, -p. 513.) To what document Sir Peter Leycester refers is not clear; but in the Coucher Book, Tit. 5, De Whalley, No. xlix. is a charter relating to the sale of certain tenements to Peter de Cestria, Eector of Whalley, to which this memorandum is annexed: Sed quia dominus Petrus de Cestria, cui facta fuit charta proxime precedens, fuit bastardus, et non habuit haeredem legitirnum, dominus Henricus de Lascy comes LincolniEe, (J-c. (see tinder SNELLESHOU hereafter'). Peter de Chester was made Provost of Beverley in 1282, and Prebendary of Bugthorpe in the church of York, 5 Mar. 1287-8. He died in 1294 not 1293, as printed in former editions of this History. " Presentatio hsec dicti Petri facta fuit A xi. dicti Alexandri episcopi, qui fuit ab incarnatione Domini anno Mccxxxv. Qui quidem Petrus tenuit eandem ecclesiam per annos lix. et moriebatur A D 1 Mcccxciiij in festo sanctorum Fabiani et Sebastiani," Jan. 20. (Harl. MS. 1830, f. 16, marg. note.)] 2 Tower Record, 12 Edw. Confirmed 20 Ric. II. pars 1, mem. 14. 3 Leges Eadgari, par. 2. The same distinction is observed in the laws of Canute with respect to the Weregild. Leges Cnuti, par. 3. 4 Selden, ubi supra. VOL. I. M 82 HISTORY OF WHALLEY. [BOOK II. CHAP. I. it had rights of baptism and sepulture. 1 But before that time a check appears to have been put to the practice of endowing new parishes, so that foundations claiming rights of sepulture and administration of the sacraments henceforth assumed an intermediate rank between churches of the second order and mere " field kirks," and were called " parochial chapels." To the former class, in this subdivision, belong the filial churches of Rochdale, Blackburn, Slaidburn, &c. ; to the second, all the chapels of the old founda- tion, as Saddleworth, Law, Clitheroe, Colne, Burnley, &c. of which hereafter. This also accounts for the resistance made by Peter de Cestria, in the very period alluded to above, against the erection of Altham into a parish church. 2
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