Magna Carta: A Commentary on the Great Charter of King John: With an Historical IntroductionMcKechnie, William Sharp
History
Magna Carta: A Commentary on the Great Charter of King John: With an Historical Introduction
McKechnie, William Sharp
Constitutional history -- England -- Sources; Law -- England -- History; Law -- England -- Sources; Magna Carta
II. _Wardships over Vacant Sees._ The church had its own grievances,
although these took a different form. The Constitutions of
Clarendon[400] had stipulated that each great prelate should hold his
Crown lands _sicut baroniam_; and this view ultimately prevailed. It
followed that all appropriate feudal burdens affected church fiefs
equally with lay fiefs. The lands which formed the temporalities of a
see were, however, in a peculiar position, being the property, not of an
individual, but of an undying corporation (to use the definite language
of a later age). When one bishop or abbot died, a successor of suitable
age and worth had at once to be appointed. A minority was thus
impossible, and therefore, so it might be argued, wardships could never
arise. Rufus objected to what he thought an unfair exemption from a
recognized feudal incident. Flambard devised an ingenious substitute for
ordinary wardships by keeping sees long vacant, and meantime taking the
lands under the guardianship of the Crown. Such practices formed the
original ground of quarrel between Anselm and Rufus. Henry I., while
renouncing by his Charter all pretensions to exact reliefs, retained his
right of wardship, promising merely that vacant sees should neither be
sold nor farmed out. Stephen went further, renouncing expressly all
wardships over church lands; but Henry II. ignored this concession, and
reverted to the practice of his grandfather. In his reign the wardship
of the rich properties of vacant sees formed a valuable asset of the
exchequer. During a vacancy the Crown drew not only the rents and issues
of the soil, but also the various feudal payments which the
under-tenants would otherwise have paid to the bishop. The Pipe Roll of
14 Henry II.[401] records sums of £30 and £20 paid into the exchequer by
two tenants of the vacant see of Lincoln for six and four knight’s fees
respectively.[402]
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Footnote 400:
Article 11: see _Select Charters_, 139.
Footnote 401:
Cited by the editors of the _Dialogus_, p. 223.
Footnote 402:
Cf. under c. 43 _infra_.
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