CHAPTER XLIII.

OF THE REVENUES AND LIBERTIES OF THE BISHOPRICK.

The revenues of this bishoprick were of good value from the most early times; for Sigebert, whom we may justly call its founder, did certainly give most of those revenues that belonged to the see in the Confessor's time; and as Felix's see was fixed at Dunwich, no doubt but those were given by Sigebert; and before 673, the Elmhams, viz. South-Elmham in Suffolk, and North Elmham in Norfolk, belonged to the see; at the latter of which, Bisus, on his division of the bishoprick, placed a bishop; and from thence till about 945, the Bishops at Dunwich governed all Suffolk and that part of the diocese in Cambridgeshire, as their diocese; and the Bishops of Elmham all Norfolk as theirs; till the two sees were united again, by Bishop Theodred the First, and have continued so ever since.

In Theodred the Second's time, Hoxne not only belonged to the see, but then was one of the principal residences of the Bishop in Suffolk, (fn. 1) though he had a palace at Dunwich also

In 963, Bishop Athulf had a house at North Elmham; where he and his priests dwelt.

Bishop Ailfrick, was a benefactor, both to his priests that dwelt at his house at Elmham, as also to those at his house in Hoxne, (see Pt. I. p. 461,) and in those days wherever the Bishop had a house of residence, he had a secular priests residing with him, to send out, to serve the parochial churches, which then had not every one their several minister; and for that reason it was necessary, that bishops should have houses on their manors, for the priests that served the neighbouring churches to live in, in many parts of their dioceses, as the bishop in this diocese had; and this seems to be the original of chapters to the several bishops, to serve the church of their residence, and those in the adjacent country, and after the settlement of parish priests, such churches as were reserved to the use of the see.

Bishop Ailmar had the manor of Blofield with his wife, as her portion, and left it to the see. (See Pt. I p. 463.)

Bishop Herfast removed the bishoprick to Thetford A^o. 1075, and built his cathedral there, with the assistance of Roger Bygod and others, on the land, and by the place which heretofore belonged to the see, till Bishop Stigand retained it with other revenues, when he left it; but at his digrace, the King gave it to this Bishop and his heirs, and Herfast gave the inheritance of the palace and cathedral to Richard his eldest son, and the four churches belonging to it, to his other four sons and their heirs, which in some measure occasioned the removal of the see from thence, his successours not liking to have their palace and cathedral in the gift and inheritance of others. But this did not injure the see so much, as his successour.

Bishop Beaufoe, advanced it; he was consecrated in 1086, and did his utmost to enrich it with ample possessions; being very wealthy, and a great favourite of the Conqueror's, he obtained of that prince above 30 manors in this diocese, in fee, to him and his heirs, besides lands and revenues in above 40 other towns, some of which belonged to Bishop Stigand, who had forcibly retained them from the see, and all that did so, and that came to his hands, he restored, and added many others of his own gift.

The manors and revenues which belonged to the see, in the Confessor's time, (fn. 2) and remained in it at the Conqueror's survey, were:
Cressingham-Magna, Thornham in Smithdon hund. Tofts, (fn. 3) the Elmhams, Beetley, Colkirk, Saxlingham in Gallow hund. Thornage, Brunton, Becham, and Hemstede, Swanton noers, Hilderston, Hindringham, Egmere, Hemlington, Norton, Gestwick, Helmingham, Morton, Corpusty, Swathfield, Stratton, (fn. 4) St. Michael, St. Trinity, (fn. 5) St. Simon and Jude in Norwich, (fn. 6) Yarmouth and Thetford; and it appears by the said book, that the revenues in this county only, in Ailmer's time, when the Confessor took his survey, were 105l. 6s. in annual rents, which were raised at Bishop Beaufoe's time, when the Conqueror took his survey, to 159l. 1s. 8d. per annum, and the following advowsons then belonged to it, viz. Cressingham-Magna, which had 20 acres of glebe valued at 20d. Elmham, 60 acres at 5s. 4d Colkirk 40 acres valued at 2s. Saxlingham had 12 acres, Thornage 32 acres valued at 32d. Hilderston 26, valued at 20d. the 3d part of Woodnorton advowson, with 2 acres 2 roods of glebe, valued at 4d. Swathfield with 28 acres. Helmingham and Morton churches, with 10 acres, valued at 8d. St. Benedit's church at Yarmouth, Trinity church in Norwich, and 24 houses (fn. 7) which the Conqueror gave to be pulled down to build a palace there, and the Bishop had liberty of coinage in this city, as much money only as one minter could coin. In Thetford there was half the advowson of a church, a mill, and 20 free houses and no more, the rest being severed by Stigand and not restored again.

The aforesaid Bishop, had the following manors, given in fee to him and his heirs, (fn. 8) most of which he left to the see at his death about 1091, by which he became the greatest benefactor to it, from its foundation to the present time.

Sedgeford, Fringe, Eccles, (fn. 9) Langham, Gunton, Shipden, Boyton or Beigeton, Becham, Walsham, Blofield, Plumstede, Hemesby, Martham, Winterton, Langley, Rockland, Surlingham, Mendham, Thurning, Helmingham, Taverham, Attlebrigge, Btickling, Itteringham, Berningham, Marsham, Stratton-Strawless, Horseye, Scrouteby, Ormesby, Thrigby, Ravenningham, Mintling, Hunstanton, Stanford, (fn. 10) Gateley, Fakenham, Snitterton, (fn. 11) Burningham. Bruningham, Hindringham, Thorp in North Greenhoe hundred, Hottune or Houghton in North Erpingham hundred, Berningham in the same, Hemelington, Plumestede, Birlingham, Free-Thorp, South-Birlingham, Lecham, Bradeston, Catton, Bukenham, Brundale, Witton, Somerton, Ashby Rollesby, Burgh, Bastwic, Hadesco, Billockby, Clipesby, and Titshall. (fn. 12)

Of these revenues did HERBERT, the first Bishop of Norwich, find his see seized, which in 1094, he translated from Thetford to Norwich, after he had obtained of Will. Rufus, part of the manor of Thorp, to build his cathedral upon; (fn. 13) the whole of which, he afterwards got confirmed to his church, of the gift of Henry I. (fn. 14) and by exchanging his own manors of Sileham and Wykes in Suffolk, with Roger Bigot Earl of Norfolk (fn. 15) he added Tombland, &c. with St. Michael's chapel that stood there, and the land in Taverham belonging to it, (fn. 16) as well as that in Norwich, together with the site of the ancient palace of the Earls of Norfolk; all which the said King confirmed. King Henry I. not only gave the rest of Thorp, but also confirmed and partly gave, Eaton, Lakenham, and Holmstreet, and the FAIRS at Norwich, Lyn, and Hoxne; and Herbert gave Lakenham mill, and land at Stoke, &c. for his anniversary. (fn. 17)

The ancient Revenues of the See, which were taken from it by the Act of Febr. 4, 27 Henry VIII. and vested in the King, his Heirs, and Successours, A^o. 1535.

The palace near Charyng by London, called afterwards York-house. (fn. 25) The first fruits of the whole diocese. (fn. 26)

All the knights fees belonging to the barony of the see. (fn. 27)

Ancient Revenues of the See, not taken away at the exchange.

The palace in Norwich, with all its appurtenances, dignities, prerogatives, profits and pre-eminences in the precinct of the cathedral, to which the following advowsons are appendant, and now belong:

But in Bishop Jeggon's time, they were let at 45l. 9s. 10d. and are thus specified in Scambler's lease to Queen Elizabeth, being all due at Michaelmas.

The King by his auditor of Norfolk 11l. 15s. 7d. Caius college Cambridge 4l. Trinity-Hall 6l. 10s. Pembrook-Hall, for Tilney rectory, 4l. Dean and Chapter of Ely for Molicourt priory and Foston 6s. 8d. Dean and Chapter of Westminster for Swaffham rectory 3l. 6s. 8d Dean and Chapter of Norwich for Sprowston rect. 10s. Rect. of Castor St Trinity in Flegg deanery 1l. 3s. 4d. Rect. of Thurveton 5s. Rect of Flitcham 6s. 8d. Windsor college for East Ruston rect. 2l. 13s. 4d. Vicar of East-Ruston 1l. 6s. 8d. Rect. of Irsted 13s. 4d. Rect. of Waxham 2s. City of Norwich for Shropham rect. 1l. Rect. of Thompson 2l 13s. 4d. Surlingham St. Saviour and St. Mary's vic. 1l. 13s. 4d. Threxton rect. 13s. 4d. Raveningham and Norton rect. 3l. 17s. Wells rect. 10s. Easton rect. 6s. 8d. North-Walsham vic. 1l. Tunsted vic. 1l. Ingoldsthorp rect. 1l. 6s. 8d. Belagh rect. 2s. Swanton Abbots rect. 16s. 8d. Twayt rect. 1l. Barneye rect. 1l. 6s. 8d. Saxthorp vic. 2l.

In Suffolk, the King by his auditor of Suffolk, 6l. 12s. Sudbury rect. 1l. 6s. 8d. Brusyerd rect. 13s. 4d. Sutton in Wilford deanery 16s. Ashbockyng rect. (fn. 28) 13s. 4d. Fresingfield rect. 3s. Iketshall St. John's rect. 2s. Bramford R. 3l. 6s. 8d. Framsden vic. 13s. 4d. Wicken R. 1l. Haverhill R. 16s. 8d. Sapiston R. 16s. 8d. Fordham R. 1l. Total of these pensions now paid, 95l. 5s. 7d. The following pensions are not duly paid, which if they were, would amount to 94l. 5s. 8d. 0b. Stalham R 7s. besides the 1l. paid. Field-Dallyng R. 2l. Riston in Fincham deanery 6d. 8d. Redeham R. 3s. 4d. South-Walsham vicarage 8s. Kessingland R. 1l. 6s. 8d. (see Lib. Inst. V. p. 5. a.) Cromere vic. 6s. 8d. Snape R. 13s. 4d. Holme by the Sea rect. 2l. 11s. 2d. 0b. Linford R. 6s. 8d. The Austin friary in Norwich 2s.

Bishop Thirlby granted to Edw. VI. and his successours, as many pensions from the see, as amounted, in all, to 20l. 11s. 11d. per annum.

The Revenues of the Abbey of Holm, which were annexed to the See at the exchange.

Revenues annexed to the See at the Exchange.

By the act aforesaid (fn. 49) (27 Henry VIII.) the priory of Hickling, and the site and houses thereupon built, "and also all manors, lands, tenements, hereditaments, tithes, profits, and emoluments, of what nature, name, or quality soever they be, to the said late priory, the 4th day of Febr. in the aforesaid year, (fn. 50) belonging," the site and manor, &c.

The same act settles on the see, for a city house for the Bishops, the house in Chanon-rowe, Westminster, (fn. 51) which belonged to William Knight, clerk, archdeacon of Richmond, as parcel of his prebend in the chapel of St. Stephen at Westminster, and after the death of the said William Knight, the Bishop was to nominate 3 persons to the king, who was to choose one of them, to be prebendary of that prebend, which Knight enjoyed; but the said chapel being dissolved by Edward VI. the nomination ceased, but the right to the house remained, by the words of the prior act, it being settled by that, absolutely on the see, (fn. 52) so that it was no part of the prebend at the disso lution of it, and it was leased off with most of the revenues of the see, by Bishop Scambler A^o 1558, to Queen Elizabeth, at 4d. per annum reserved rent, which was paid in Bishop Wren's time. See Pt. I. p. 559.

Revenues after the Exchange,
Added by King Edward VI, A^o 1549, and granted to Thomas Thirlby and his successours; his first grant is dated April 11, his second June 19.

The following revenues came to the see by an exchange made with Sir Will. Paston, Sir Will. Wodehouse, Knts. and John Corbet, Esq. (fn. 58)

In Suffolk, added by King Edward VI.

The Bishop hath the nomination and appointment of the chancellor, principal registrary, and of the four commissaries to the Archdeacons, (see Pt. I. p. 655,) and their registraries also. (See Pt. I. p. 661.)

The bishoprick stands now in the King's Books at 834l. 11s. 7d. 0b. and pays first fruits, but no tenths, being discharged as aforesaid by Queen Elizabeth, for the manors of Swanton and Sudborne.

The Liberties of This See,

From the most early to the present time, have been, and are, greater than those of any Bishop's see in the whole realm; an account of which here follows.

In the time of the Conquest, the privilege of coining or making current money, belonged to it, under this restriction, that the Bishop should coin no more, than one minter or coiner could make, as appears by that ancient record in Domesday Book.

William Rufus granted soc and sac, (fn. 64) and freedom from all scot, geld, and other customs.

Henry I. granted them toll, team, and infangenethef.

The carvage that belonged to the see, and the manner how it was obtained, may be seen in Pt. I. p. 460, 70.

Pope Adrian IV. by bull dated 1154, granted to Will. Turb, (fn. 65) then Bishop, that no one should forcibly elect any future bishops; but that the prior and monks should have the elections in them, and whoever was chosen by the majority, should be Bishop; by which the King and Pope should have no claim.

King Stephen granted a court to try all pleas in, concerning the lands and tenements held of the barony; (fn. 66) and fines and recoveries were levied in it.

King John confirmed all former liberties, and added the following ones, (fn. 67) that no Bishop of this see should be impleaded for any lands, unless before the King in person, or his chief justice; that they should have outfangenethef, and the four ordeals or judgments, by fire, water, iron, and duet; and should be free from danegeld, hydage, carrucage or carvage, aids, foreign pleas, plaints, and summons, from all suits, to shires or hundreds, from all aids levied by the sheriffs, or other stewards, from all amerciaments of counties or hundreds, and from all their pleas, from all pleas of murder, gaywite, and robbery; and the tenants of the church, as well belonging to the prior and monks, as those belonging to the Bishop, were to enjoy all the former privileges, together with a general freedom or discharge from paying any thing towards the re pair of any castles, houses, entrenchments, or ditches, parks, fishponds and bridges, as also from fredwite and hengwite, and from ward-penny and averd-penny, and them-penny, flemenswite, leirwite, blodwite, and flictwite, grithbreche, fremensfrithe, forstal, hamsocne, herfare, and frank-pledge; so that the Bishop do not suffer any others to be mixed with his tenants in his views of frank-pledge; and all fines and amerciaments of the tenants shall be to the Bishop and not to the King; they and all their tenants also by the same charter, are excused from payment of toll, pontage, passage, paage, lastage tollage, carriage, pannage, stallage, summage, navage, and all other customs throughout all England, except the city of London: and all things that the Bishop and his tenants, or the Prior and convent and their tenants, bought or sold, for their own use, should be toll free, except in London, and all forfeittures of lands, goods, or chatells of the tenants, should belong to the Bishop or convent, and not to the King, howsoever forfeited; and no tenant should be impannelled on any jury out of the Bishop's court, in any place in England; this charter was dated at Gatinton Nov. 28, A^o 2 Reg. 1200. (fn. 68)

Pandulf Bishop of Norwich, obtained a grant of all the first-fruits in the whole diocese of Pope Honorius III. (fn. 69) all which the see enjoyed till the stat. of 26 H. VIII. cap. 3, a privilege which no archbishop or bishop of this realm ever had. (fn. 70) (See statute 1 Eliz. c. 14.)

Henry III. granted the return of all writs, and liberty of free-warren in all their manors and lands, in the 35th year of his reign; and in the 39th of that King, the Bishop had all jura regalia, or royal liberties, in all the manors belonging to his church, and also wreck, as appeared at a trial for a monstrous fish thrown upon the land of a minor in the guardianship of the Bishop, (fn. 71) when Will. de Pakenham, the Bishop's steward, made it appear, that all royal fish, wreck, &c. immemorially belonged to the see; and in 1231, the same King granted to the Bishop and Prior, the amerciaments of all men in their demeans, saving to the King, those of the men of their fee, that held not in capite of them, with liberty of collecting them by their own bailiffs, and that no officer of the King should enter into any of their fees.

In 1255, Walter de Suffield, in the synod held at Norwich, confirmed by publick decree, this ancient custom of his diocese, that all rectors and vicars, who were alive on Easter day, might make a will of all the profits of their livings, to the Michaelmas following, except the offerings, mortuaries, and fees, that immediately belongs to him that serves the cure, saving to the Bishop, the profits of all livings void by the incumbents dying between Michaelmas and Easter, and all such profits as shall not be disposed of by the persons dying between Easter and Michaelmas, by an express clause in their wills; (fn. 72) and accordingly beneficed persons in this diocese, (fn. 73) generally had a clause in their wills to dispose of such profits.

In 1271, the Bishop and Prior had a coroner for their liberties, (fn. 74) and a grant of all amerciaments of their tenants, in whatever courts they were fined.

In 1272, it appears that the election of a Bishop was free in the chapter, but the King might refuse the person elected, on just ground, (see Stow, fo 270,)

In 1285, the statute of Circumspecte agatis was passed, (fn. 75) which confirmed and fixed the boundaries betwixt the spiritual and temporal jurisdictons, and as Selden saith, "hath special reference only to the Bishop of Norwich." but it grew afterwards to be a general law; though there was this at least in it, that that Bishop being a great promoter of it, and then enjoying the greatest liberties of any Bishop, was thought to be the properest person to be named in it, that all liberties might be included the better, by fixing him as the example; and though it is called a writ, De nogotijs tangentibus Episcopum Norwicensem et ejus clerum, yet Coke tells us, that it extendeth to all the bishops of the realm. and is proved to be an act of parliament, by another act. And indeed it see us a recompense to the clergy, to make them some amends for the act of mortmain, which was so lately passed. But of these we may see large dissertations in Fuller's Church Hist. Lord Coke's 2d Institute, &c.

In 1326, the Bishop had a prison for his liberty, (fn. 76) and the Prior another for his; and the same year, King Edward II. granted, that for the future, when the see was void, the palace itself, and the churches appropriated to the see, should not be seized into the King's hands.

In 1336, a survey was exactly taken, of all the glebe lands in the diocese; and accordingly we find this concerning it in Fuller's Church History, 1. 4, fo 1/13. "About this time the Clergy were very bounifull in contributing to the King's Necessities, in Proportion to their Benefices. Hereupon a Survey was exactly taken of all their Gebe Land, and the same (fairly ingrossed in Parchment) was returned into the Exchequer, where it remaineth at this Day, and is the most usefull Record for Clergie Men (and also for Impropriators, as under their Claim) to recover their Right; many a stragling Acre, wondering out of the Way, had long since, by sacrilegious Guides, been seduced into the Possession of False Owners, had not this record at last directed them to their true Proprietary. The worst is, whilst some Diocesses in this Terrier were exactly done, and remain fairly legible at this Day, others were so slightly slubberd over, that (tho' kept with equal Carefullness) they are useless in effect, being not to be read."

In 1412, the Bishop granted to Will. Paston, the office of steward, of all his manors in Norfolk, during pleasue, with 5l. per annum fee out of Blofield manor, and such a livery out of his wardrobe every Christmas, as the rest of the gentlemen of the Bishop's family, usually had.

In 1418, the temporalities and all liberties belonging to them, and to the see, were taxed at 1000 marks, and it was returned that there were 1063 parish churches, 28 religious houses, besides friaries, and 20,000 marks per annum in the hands of the religious.

In 1443, King Henry VI. granted, (fn. 77) that the Bishop of Norwich and his successours, should for ever be justices of the peace in the city and in the precinct, and liberty of the same, and that in every commission of justices of peace, the Bishop for the time being, should be justice in the city, liberty, county, &c. and also should have power by his own commissions, to appoint his justices of the peace for the precinct of his palace, who shall execute the office there, in the same manner as other justices in the county do.

These and all other customs, liberties and privileges whatever, enjoyed by the Bishop in right of his see, on the 24th of March 1512, were confirmed by the charter of King Henry VIII. in which the charters of his predecessors are exemplified by inspeximus.

The Bishops of Norwich, by immemorial custom, always have, and still do enjoy, as an ecclesiastical emolument or advantage, belonging to the spiritualities of the see, the power of union, or uniting any two cures with institution, any where within the limits of their own diocese, whether they be rectories or vicarages of any value whatever; and this power hath been exercised by every bishop without interruption, to this present day, and that in a double capacity, viz. by perpetual and personal unions.

The perpetual union, was always made with the consent and approbation of the Bishop, patrons of the churches, and their incumbents, or at least, one of them; and was and is, to all intents and purposes, the same as a consolidation upon the statute (37 Hen. VIII. cap. xxi.) unless in these respects; as first, the same power that united, can disunite, which cannot be done in a legal consolidation; and secondly, whereas the statute fixes and prescribes terms of consolidation, the perpetual union is not so restrained, but is solely in the power of the parties concerned; now this statute not being affirmative, that all unions, shall be consolidations, made by virtue of it, but only, that "an union or consolidation may be from henceforth had or made, by the assent of the ordinary, &c." doth not seem to affect or take away any power of making perpetual unions, from such bishops as by immemorial custom always did it; but only add a power of consolidating, to those sees that had not that power before; and therefore to hinder all disputes about the legality of all perpetual unions before the statute, whether made by bishops that had that power or not; the fourth paragraph of the act makes all perpetual unions before that act indissoluble; but no where takes away the power of making such unions for the future, from any one; so that it is solely in the power of the bishop, patrons, and incumbents, (where the bishop had this power before the act) either to make indissoluble consolidations upon the statute, or perpetual unions according to the ancient custom of the see; provided that the parishes to be united are in no incorporated place, for then, no perpetual union can there be made, but it must be a consolidation by the aforesaid act, which is confirmed and strengthened by the subsequent one of 17 Car. II. cap. iii.

Now it appears from the ancient records, register books, and undoubted authorities of the see, that the Bishop of Norwich always had this power, and constantly exercised it, from the most early times, and also since the statute.

About the year 1297, the deaneries of the city of Norwich and that of Taverham, and the rectories of St. Swithin, St. Simon and Jude, and Crostwick, about three miles from Norwich, were all united; but in 1329, the Bishop disunited the deaneries from the churches, and perpetually united the two deaneries, which were never parted afterwards, and the three churches were then also perpetually united, and remained so till 1546, and were then disunited, and are single rectories at this day.

In 1308, the vicarages of Wesenham All-Saints, of Thorp by Wesenham St. Peter, and the chapel of St. Paul by it, were perpetually united, and have remained so to this day.

Thus also, before the statute, the portions in Dicleburgh, the churches of All-Saints and St. Andrew in Snitterton, of St. Margaret and St. Andrew in Blonorton, of Midle-Herling and West Herting, and very many more, were perpetually united, and still continue.

And since the statute, the rectories of Ashby and Hillington, which in 1597, were proved not to be united or consolidated, in 1606, were presented to as one, by a perpetual union, and continued so till 1685; but upon the sale of Hillington from Ashby, the bishop and patrons by joint consent disunited them, and at this day they are single rectories in different patrons and rectors, which had it been a consolidation upon the statute, could not have been done.

Indeed I believe there are not above two or three instances of such unions by the bishop since the statute, but they are sufficient to show, that he hath that power still in him, in as ample a manner as he had before, except in corporate towns and burghs; and the reason why there cannot be so many instances as before, is because most people choose to consolidate upon the act, to render it unalterable.

The power of personal unions, or dispensations, to hold two livings for life, belongs to the see, by immemorial custom, and was always enjoyed and exercised by the aforesaid bishops, without any interruption, whose fiat or consent, in the most early times, was sufficient; and i doth not appear in all the ancient and modern records of the see, that either any pope, king, or archbishop, ever once contested, or so much as gainsayed that right; but whenever a person held two livings by the bishop's fiat, if he took a third, as sometimes was the case, and would hold them all, then he was obliged to take a Pope's dispensation to hold that third.

Thus, even in the year 1307, Sir Thomas de Butteturte, sub-deacon held the two rectories of Ewston and Troston in Suffolk, but upon his being instituted on the 2d of the nones of May in that year, to the rectory of Titshall (fn. 78) with the parochial chapel of St. Margaret, in Norfolk, the Bishop obliged him to swear he would immediately resign one, unless he obtained a dispensation from the Pope, as soon as he received the profits of the third: and it is to be observed, that these three are all rectories, and the least of them 10l. 4s. 7d. in the King's Books, (fn. 79) that they are in different counties, and that Titshall in Norfolk is 15 miles at least from Ewston, and 17 from Troston in Suffolk.

But even as old as the year 1437, we meet with personal unions in the very institution books or registers of the see; (fn. 80) in 1461, 28 Nov. Sir John Byfeth, chaplain, rector of one mediety of North-Tudenham (then valued at 12 marks) was instituted to the other mediety, and had a personal union in form, as may be seen in the XIth Institution Book, fo. 129.

In 1480, Sir John Sepay was instituted to the rectory of Brecete Parva in Suffolk, and had a. personal union to the vicarage of Offington in the said county, as may be seen in the XIIth Institution Book, fo. 76. (fn. 81)

In 1503, Sir James Sonkey, chaplain, rector of Cressingham Parva, had a personal union to the rectory of Threxton, as may be seen in the XIIIth Institution Book, fo. 28. (fn. 82)

Now these examples I chose, because each of them have their different use, as first, before any instrument of personal union appears, when the fiat, or consent of the bishop or ordinary only was sufficient, it is plain that the power was not confined, but extended into both counties and to the holding of the best of livings in those counties, at any distance, if in the diocese; and that three livings could not even then be held by this power.

The next example shows us, that this power extended to unite two institutions in the same church.

The third that it extended to unite a rectory and vicarage of different churches, and was even then called an actual dispensation or faculty.

And the last example shows, that it extended to unite two rectories of different churches, and was then done by ordinary authority: and all of them, long before the Reformation; so that among many others, these are sufficient proofs that the see enjoys this privilege, exclusive of Pope, King or Archbishop by immemorial custom, and constant practice, which was never discontinued to this time.

A few out of the many hundred examples that occur in the Registers I shall here subjoin, to show that in every century this unlimited power hath been constantly used and enjoyed by the bishops of this see. In 1523, North Creke and Eccles rectories were held by union; in 1545, Diss, and Stonham Jernegan. In 1555, the vicarage of Lowestoft in Suffolk, with that of Besthorp in Norfolk. In 1566, Trinity church in Bungeye in Suffolk, and Reynham St. Margaret's in Norfolk. In 1600, Fetshall and Heigham. In 1600, Brettinham and Tharston. In 1686, N. Reppes and Ilketshall. In 1687, Lackford and Creting. St. Olave In 1688, Litcham and South Creke. In 1690, Cocley-Cley, and Cantley, Massingham and Colney. In 1704, Thorndon and Redenhall, Banham and Thwait, &c.

And now, having sufficiently established the Bishop's right to this emolument and prerogative of his see, it seems to me (with submission to those that may be better judges than myself) that it will also appear from the following considerations, that the power of the Bishop of Norwich's unions or dispensations in his own diocese are now supported by statute, as the Archbishop's power of dispensing in his province is,

For in the parliament held at Westminster, Feb. 4, 27 Henry VIII. an act passed (though it was never printed (fn. 83) ) to exchange part of the revenues of the see, for those of the abbey of Holm, and confirm the rest of the revenues to it; in which is this: "that the said person which shall have the said bishoprick of Norwich, shall have to him and his successours Bishops of Norwich, for ever, all and singular rectories, personages, pencions, porcions, synods, proxies, probacions of testaments, visitations, and all and singular other profits and emoluments called spiritualties, which belonge, appertain or be appropriate to the said bishoprick, in as large and ample manner, as any bishops of the same see, have had the same." And in the 39th of Elizabeth another act passed for the Establishment of the Bishoprick of Norwich, which confirms the former, though the title only of this also, is to be met with, in the statutes at large.

Now it appearing that this privilege did immemorially belong to the see, and was always enjoyed as a profitable spiritual emolument, and as the bishops were to enjoy for ever, all the spiritualities of the see, "in as large and ample a manner as any bishops of the same see have and the same," I am sure the bishops who have constantly used this power, from the act to this day, have undoubted immemorial custom for so doing; and I think this statute law for it also, and must conclude, that whatever bishop refuses granting unions to such as desire them, or requires terms of any kind whatever [other then the 5l. now and anciently paid for such union or dispensation] injures his clergy, and whoever of his clergy takes other dispensation, when he might have his, injures him, by carrying the fees, which would be due to his own diocesan, another way: and indeed, I am apt to think, that the great number of very poor livings in this diocese was the reasonable original of this power, for the purchase of a Pope's bull or dispensation, to hold two livings in those days, was more than the advowsons of some two livings in Norfolk were worth; and indeed the expense of a dispensation now-a-days, would be several years clear profits of many two livings that I could pick out in this county; where, with grief it may be spoken, several parishes are not worth above 4 or 5l. per annum each; as the consideration therefore of the meanness of the livings seems to have been the orginal of this power; it will not be amiss to show, that the same reason for continuing it, still remains; which perhaps may make it not so much grudged at, as it was about 30 years agone, when a late bishop was solicited to refuse unions to his clergy, if the livings to be united exceeded a certain distance, in order to put them to the unnecessary trouble and charge of dispensations.

In the diocese then, besides 4 peculiars, there are exactly 1353 parishes. In Norfolk 800. In Suffolk, with the 16 in Cambridgeshire, 553; of which,

The visitation of the diocese also, is another profitable emolument of the spiritualties of the see; (fn. 84) and are under a certain limited custom; as first, every bishop hath right after his inthronization, to hold his primary visitation as soon as he pleases; and the customary fees are double to those of an ordinary visitation, which the Bishop by custom can hold only every seventh year, (fn. 85) computing from the time of his primary visitation; and accordingly I find, that from the most early times, to Queen Elizabeth, by all the publick registers of the see, no bishop ever visited otherwise; though since that time, contrary to the aforesaid act, which grants the spiritualities, only "in as large and ample a manner as any bishops of the same see, have had the same." One or two of the bishops held illegal visitations; illegal, I say, because they held them within less than seven years, and consequently in a more large and ample manner, than any bishop of the same see ever did, before the act.

And it appears, that before every visitation, upon the Bishop's inhibition, all other spiritual jurisdiction of what kind soever, ceased for a whole year, from the date of the inhibition; if the Bishop did not like of his own will to relax part of that time, by formal letters of revocation of his inhibition; (fn. 86) and the same time the Bishop visits his diocese, (fn. 87) he was obliged to visit the prior and convent, and so consequently the dean and chapter.

It hath been also by immemorial custom, usual in this diocese for rectors and vicars often to be instituted by their proctors, (fn. 88) and to make conditional resignations of their benefices, (fn. 89) to the Bishop, as well in cases of exchange as others, allowed of by the Bishop; and formerly, the Bishop appointed two suffragan bishops, (fn. 90) according to the act 26 Henry VIII. cap. xiv. and commissary and official (fn. 91) of the peculiar jurisdiction of his own manors. (fn. 92)

As to the probations of wills, another emolument of the spiritualties; it appears by the registers, and depositions taken A°. 1510, (Depos. N. 191,) that the rural deans had the probate of all wills, where the deceased had no moveables but in their deanery only; and where the deceased had moveables in two deaneries, and in one archdeaconry, these probates belonged to the archdeacon, and if they had goods in two archdeaconries, those probates belonged to the bishop, who had the probate also of the wills of all noblemen, gentlemen of arms, rectors, vicars, and the whole clergy; though by virtue of the ordinary prerogative, all persons not having bona notabilia, or personals to the value of 5l. in different dioceses, might prove their wills in the Bishop's court, if they would; but if they had bona notabilia, they were always obliged to prove such wills in the prerogative or Archbishop's court, as they now are.

In 1st James, A°. 1603, an act passed, which confirmed the statute 1 Eliz. cap. 19, that no bishop should make any lease of his lands but for 21 years, or three lives, to any subject; and added a clause, that no bishop should assure his land, not even to the King. So that from that time, the bishoprick hath not suffered any diminution in its revenues.

The Bishop appoints by patents for life:

An high or capital steward, (fn. 93) which office is now [1745] executed by Miles Branthwait, Esq. and also

A steward of courts, letes, views of frankpledge, &c. (fn. 94) with a salary of 4l. 10s. per annum; and also

A general receiver of all the farm-rents, &c. and supervisor of all the manors, farms, &c. (fn. 95) with a salary of 20 marks per annum, with power to make a deputy; which two last places are in the said Miles.

And also an auditor of the accounts, (fn. 96) with 6l. 13s. 4d. annual fee, and a robe or livery, such as the Bishop gives to his gentlemen, with convenient victuals for himself, servant, and horses, during the execution of his office. Peter Atlesea, Gent. hath this office, by patent dated May 10, 1723.

And also the offices of bailiffs of the bailiffwick of the manors, &c. belonging to the see.

Febr. 10, 1703, Nic. Tuck of Westminster, Gent. had a patent for the office of bailiff or receiver of the rents of the manors of Heigham, (fn. 97) with 40s. fee, Tibbenham, Shotesham, and Stoke-Holy-Cross, with 20s. fee, rectories of Thornham, Langham Hoxne, and rents in Norwich, and Heigham, Melton, and Moulton, late St. Bennet's cellerer's rents, with 26s. 8d. fee, and one livery or robe like that of the Bishop's gentlemen, or 13s. 4d. sterling, yearly in lieu thereof, with power to depute, &c.

June 6, 1720, Bartholomew Harwood, (now alderman of Norwich,) had a patent for the office of bailiff and receiver of the rents of the manors of Horning, (fn. 98) Burwood's in Netesherd and Ashmenhagh, Netesherd, Hellesden, Draiton, Hofton, St. John, and Lathes, Ludham, Ludham and Bacon's there; Potter Heigham, Catfield, Walton, Ludham convent and Flegg rents, North Walsham, Thurgarton, Skeyton-hall in Twait, with various fees for the said manors, amounting in all to 27l. 8s. per annum and two robes or liveries of the Bishop's valets, viz. one robe or livery at Easter, or 13s. 4d. in lieu of it, and 1 at Michaelmas, or 6s. 8d. in lieu of it; and for Hofton, a valet's robe or 10s. for Flogg rents, &c. a valet's summer livery, or 13s. 4d. and a winter livery or 10s and for Thugarton, &c. a livery of the Bishop's gentlemen, or 10s. in lieu of it. The whole fees being 30l. 11s. 4d. per annum, with power to depute, &c.

The place of general apparitor, (fn. 99) is also held by patent for life, and may depute; it hath no salary specified, but all ancient fees, (as 4d. from each will, administration, &c.) Mr. Will. Chase, printer, had it, and at his death Mr. Francis Stafford, who is lately deceased.

The office of porter, (fn. 100) belonging to the principal gate of the palace, over against St. Martin's church, is also a patent place, which was granted to Robert Pickering, yeoman, for life, Oct. 26, 1697.

Footnotes