Statutes (not included by Baldock & Lisieux): Binding agreement between the Dean and Residentiaries, 1554

XVI.

COMPOSITIO REALIS INTER DECANUM ET RESIDENTARIOS ECCLESIÆ DIVI PAULI LONDON, 1554. (fn. 1)

To all true Christen people to whom this present writynge of composition reall, amicable, accorde, agreement, awarde, and final decree, made and geven the 15th daye of February in the yere of our Lord God after the computation of the Church of England a thousand five hundred fiftye and fower, being the first and second yeres of the most prosperous reigne of our most excellent Lord and Ladye Philip and Mary, &c., shall come or the same shall see, hear, or read, Edmunde, (fn. 2) by the sufferance of God Bishop of London, sendeth greeting in our Lord God everlasting. Where in our visitation late begon and exercised within our Cathedrall Church of Saint Paule in London, and yet there depending, it appeare by sundry comperts and defects before us exhibited, that before this time diverse and sundry contentions, variances, strifes, and debates have been mooved, stirred, and long time depending between our well-beloved brethren in Christ Mr. John Fekenham (fn. 3) alias Howman, Batchelour of Divinity, now Dean of the said Cathedrall Church of Saint Paule, and his predecessors late Deanes of the same Church of the one partye, and Mr. William Ermesteade (fn. 4) and Mr. Gabriel Donne, (fn. 5) Canons Residentiaries and Stagiaries of the said Cathedrall Church of the other partie, as well of, for, concerning, and upon the right, title, and interest of diverse mannors, lands, tenements, portions, duetyes, and rights belonging to the said Church, geving of benefices, usinge and exercising of offices, ensealing of indentures, exercising of spiritual jurisdictions and accomptes within the said Cathedrall Churche or belonging to the same Church, as also of, for, and upon diverse other matters, occasions, and chaunces concerning the order as well of the said Dean, as of the said Residentiaries, within the said Cathedrall Church, for the appeasing and qualifying of all which said variances, strifes, and debates, with a final extirpation of the same, and for a perpetual amitye, concord, and composition hereafter to be had, made, and inviolably for ever to be kept and observed between the said Deane and Residentiaries and their successors, both for and concerning the right, title, and interest of the said mannors, landes, and tenements, portions, dutyes, rights, geving of benefices, exercising of offices and jurisdictions, sealing of indentures, and yeldinge of accompts, within or belonging to the said Cathedrall Church of Saint Paul; as also of and for all other manner of matters, causes, variaunces, strifes, discordes, debts, debates, injuries, trespasses, and demaundes whatsoever heretofore had, moved, stirred, or depending between the said Deane and Residentiaries, the said parties for them and their successors, by mediation of our Loving Brother in Christ, Lord Gilbert Bourne, (fn. 6) now Bishop of Wells, late one of the Canons Residentiaries of the said Church, and of the right worshipfull Mr. John Tregonwell, Kt., Mr. Nich. Harpesfield, LL.D., Archdeacon of Canterbury (fn. 7) and Prebendary of Harleston, our Chancellour, (fn. 8) John Harpesfield, Archdeacon of London, Prebendary of Holbourn, Henry Harvey, LL.D., Dean of the Arches of Canterbury, and Chaunter of the said Church, (fn. 9) Mr. William Cliffe, LL.D., Dean of Westchester, Prebendary of Hoxton, Anthony Huse, and Robert Johnson, Esqs., have voluntarily and mutually submitted themselvs for them and their successors, Deans and Canons Residentiaries for the time to come of the said Church, to stand to, abide, perform, and accomplish such order, rule, direction, and final composition between them as we the said Edmund Bishop of London their Ordinary shall and will prescribe, give, pronounce, decree and determine between them for ever, by them and their successors inviolably to be kept and observed, as by an Act made this present 15th day of February, registred in the Chapter of the said Church, more at large appeareth. Know yee that We, the said Bishop and Ordinary, by the advice, counsel, and assents of the right worshipfull Personages aforenamed, calling before us the said parties and their Counsellours learned in the Law, having heard and maturely considered the allegations of both parties, perusing all writings appertaining to the state of their causes, duely and advisedly pondering the same, after friendly treating and loving communication had and made between the said parties concerning the premises; the matter with all circumstances on both parts prudently pondered, heard, and considered, by the express consent and agreement as well of the said Mr. John Fekenam alias Howman, now Dean, for him and his successours, as also of the said Mr. William Ermestead and Gabriel Donne now Canons Residentiaries aforesaid representing the whole chapter of the said Cathedrall Church, have, with the advises, consents and assents aforesaid, ordained, deemed, pronounced and decreed, and by these presents do ordain, deem, pronounce and decree for and concerning the premisses in manner and form hereafter ensuing: that is to say, First, where the said Dean that now is, ensuing the stepps of his predecessors late Deans of the said Cathedrall Church, pretended the mannor of Sutton (fn. 10) in the county of Middlesex and the mannor of Sandon in the county of Hertford, with their members and appurtinancys, to be part of the possessions appointed and assigned as part of the corpes of the said Deanery, and belonging to the Dean as a parcel of his auncient endowment, which said two mannors upon the sight and search of such writings and evidences as were producted and shewed to us for and on the behalf of both of the said parties, it appeareth to us manifestly that the said mannors been no part of the portion of auncient and old time appointed to the part or portion of the said Dean, but as things incroached by the predecessors of the said Dean that now is by usurpation of his predecessors, and not by any right that they had or ought to have in them or any of them; and therefore for a plain declaration to be made what been and shall bee the mannors, lands, tenements, hereditaments, and other possessions appertaining and belonging to the said Dean and his successors, Deans of the said Cathedrall Church, and which they shall have, hold, and enjoy for their part and portion, and for their endowment; and what been and have been the mannors, lands, tenements and possessions appertaining and that of right ought to appertain to the Dean of the said Church and Canon Residentiaries of the same. We have therefore thought good by this our decree to name and express them particularly, as ensueth: that is to say, that the said Dean that now is and his successors, Deans of Saint Paul, for ever hereafter shall have and enjoy to them and their successors all such mannors, personages, mills, lands, tenements, possessions, and hereditaments, with all and singular their appertinancys, as of old time were appertaining and belonging to the said Dean and his predecessors of their part and portion of the said Deanery, in as ample and as large a manner as any Dean of the said Church heretofore hath had and enjoyed the said Deanery, he keeping no residence upon the same Deanery, according to such graunts as have been made unto the predecessors of the said Dean, in full satisfaction and recompense of all mannors, lands, tenements, possessions, and hereditaments belonging to the said Dean and his successors, to and for their endowment in respect of the said Deanery: and also we award, ordain, deem and judge by these presents, that the said Dean and his successors from henceforth shall not by any manner of mean or way ask, challenge, or demand any other mannors, lands, tenements, possessions, or other things being, appertaining, or belonging to the said Cathedrall Church or Corporation of the said Church, but onely the mannors, lands, tenements, possessions, hereditaments afore expressed; except such other things as shall bee to them assigned and appointed by this our present writing of award, order, decree, and real composition; and We, the said Bishop, with the assent and consent of the said Dean and Residentiaries, do ordain and decree by these presents, that the mannors of Sandon and Sutton aforesaid shall be hereafter always reputed and taken to be of the Common of the Church of Saint Paul aforesaid incident and appertaining to the Divident of the Residentiaries and Stagiaries there, in manner and forme ensuing: videlicet, that the mannor of Sandon, by vertue of this our order and decree, shall wholly and entirely be and remain to the Common and Residentiaries of Saint Paul and to their successors Residentiaries for ever, without any impeachment or claim of the said Dean of Paules or any his successors for ever, and that the Dean of Paul's for the time being and his successors for ever, being in their first Residence called Prima Residentia, shall have and receive for his first year in money double divident, that is to say, fourscore pounds in money, and no more, without gift or disposition of any benefice in that first year, or any other commodity, preheminence, or emoluments other than the said fourscore pounds in money towards his residence; and that the said Mr. John Fecknam, now Dean and Stagiary Residentiary, and his successors for ever, being in their second Residentship or Stagiary, shall have, receive, and perceive yearly for ever, during their Residentiary or Stagiership, double dividents with the said Residentiaries in all points and degrees of commodities, profits, and emoluments, together with the gifts and dispositions of benefices, that is to say, double turn as well for benefices in patria as in civitate; and further shall have, receive, and perceive in part of his said double divident the mannor of Sutton as it is now in lease, for, and in lieu, and after the rate of 43 lib. by the year, together with the Rectory and Personage of Cheswyck, and the guift of the Vicarage of Chiswyck, without any impeachment, disturbance, claim, or contradiction of the said Residentiaries or their successors, Residentiaries of the said Church, for ever, in full contentation and satisfaction of all manner of rights, dutys, and claims that the Dean, for the time being resident, may or ought to have, enjoy, or claim for his or their residence, as in the right of two Residentiaries of five in number with the said Dean, (fn. 11) and no more to be in number but three Residentiaries, the Dean being Resident either in respect of his or their Prebend, or in respect of his or their dignity of Deanery or Deanship of Paules, the corpes whereof known to be certain and distinct from the Common of the said church. Also, We, the said Bishop, with and by the assent and consent of the said Dean and Residentiaries, do ordain or decree that the Canons of the said Cathedral Church of Saint Paul, being resident upon the same, shall discharge the Deans of Paules that shall be hereafter successors to the said Mr. John Fecknam now Dean, against our Sovereign Lord and Lady the King and Queen's Majesties and their successors, for the first fruits and perpetual tenths of the Mannors of Sandon and Sutton aforesaid, and also for subsidies so often as the same shall be due; for that the said Mannors be and stand charged in the King and Queen's recordes of the tenths and first fruites upon the Dean as parcel of the corpes of his Deanery of Paul's. And further, We, the said Bishop, by the assent and consent of the said Dean and Residentiaries, do ordain and decree that when and so often as the lease or term of years of the Mannor of Sutton shall be expired, or the same come into the hands of the Dean and Chapter of Paul's aforesaid by forfeiture, surrender, or otherwise, that then the said Mannor so coming into their hands shall not by them or any of their successors hereafter, by any mean, way, or colour be demised, hired out, or letten to farme to any person, but shall be and remain onely to the Dean and his successors Deans, being resident: and he, the said Dean, and his successors to have and enjoy the same for 43 lib. yearly, as 'tis above mentioned, to his own commodity and profitt, with all emoluments and other rightes to the same appertaining, without any impeachment, disturbance, lett, or contradiction of the Residentiaries of the said Church of Saint Paul for the time being. Provided always, that if the Dean of Paul's for the time being shall not be resident upon his said Deanery and Residentiary admitted in the said church; that then, such Dean, being not admitted to residence, shall not intermeddle with the said Mannor of Sutton, or with any part or parcel thereof, but the same Mannor of Sutton in such case shall be and remain wholly to the Common and Residentiaries of the said church, anything in this our present award, order, or composition afore mentioned notwithstanding. And We, the said Bishop, by the express consent, will, and agreement of the said Dean and Residentiaries, do further ordain and decree, that if at any time hereafter the Dean that now is, or his successors Deans of the said Cathedral Church, or any other Residentiaries of the same having entred residence, and during the said Residence shall happen to be sent over the seas or into Scotland in the King and Queen's Majesties affairs, that then the said Dean or Residentiaries so being sent over, to be taken as resident to all respects and purposes, and to have like commodity, profit, and advantages, and as ample and large portions for their portion and part, as if they were personally resident of, in, and upon the said church, any matter, clause, article, or sentence mentioned or expressed in these presents to the contrary in any wise notwithstanding. And further, We, the said Bishop, by the assent and agreement of the said Dean and Residentiaries, do ordain and decree that the Dean of the said Cathedral Church that now is and his successors Deans shall yearly bear and pay for their portion to them limited and appointed as well the tenths and other subsidies, dysmes, and taxes granted and hereafter to be graunted to the Kings and Queens Majestys, their heirs and successors, as the charges of reparations and all other charges shall grow and be of and upon the mannors, lands, tenements, possessions and hereditaments appointed and belonging to the part and portion of the said Dean and his successors, being the corpes of the said Deanery, or by occasion and reason of the same. Furthermore, We, the said Bishop, by the assent and agreement of the said Dean and Residentiaries, do ordain and decree by these presents that all Præbendaries of the said Church which shall be hereafter resident in the same for the first year next after their entry (during which year they have been commonly called Novelli Residentiarii) shall not have for the portion of their residence such like summ and divident as the Dean and antient Residentiaries shall have, nor shall not, during the first year after their entry, meddle with the gift of any benefice, or have any course with the other Stagiaries or antient Residentiaries in the same, but be contented with the summ of 40 lib. in money, to be paid him by the old Residentiaries in lieu and full contentation and satisfaction of his first year's residence, without any further claime or demand, any use, custom or statute heretofore made to the contrary notwithstanding. And where in times past there hath been a claim of reinception, or a new beginning, for the gifts of benefices at the new admission of any Residentiary to his first residence or Stagiership, We, the said Bishop, by the assent, consent, and agreement of the Dean and Residentiaries aforesaid, do ordain and decree by these presents that from henceforth there shall be no such claim, reinception or new beginning, but that the course of giving of the said benefices shall proceed in order from Stagiary or antient Residentiary, to Stagiary or antient Residentiary, untill every of their courses be fully finished, and then to begin at the eldest and ancient again. And furthermore, We, the said Bishop, by the assent, consent and agreement of the said Dean and Residentiaries, do ordain and decree that from henceforth all books of accompts and other muniments concerning the said Church, or any mannor, lands, tenements and possessions thereof and remaining in the custodies and possessions of the said Dean and Residentiaries, or any of them, shall be brought and sett in their common chamber, or such like common place; from whence none shall be taken out of them again, except it be by the consent and agreement of the said Dean and his successors and the more part of the Residentiaries for the time being, onely for the common affairs and busieness of the said Church. Also, We, the said Bishop, by the advice, assent, and consent aforesaid, do further ordain and decree, that the common and General Receiver of the said Church for the time being, and all other officers of the same Church having the receipt and payment of any money, shall yearly make and yield their accompts before the Feast of the Epiphany before the Auditor of the said Church for the time being, and the same shall be yearly ingrossed and openly declared by the said Auditor, in the Chapter House of the said Cathedral Church, before the Feast of the Purification of our Lady then next ensuing, before the Dean for the time being, and the other Residentiaries of the same Church; and that they, and every of them, shall be there to hear the said declaration, except they be lett by the King and Queen's Majesty's commandment, imprisonment, or else by sickness; and furthermore, that the Chapter-Seal of the said Dean and Chapter and Sigillum ad Causas shall remain and be in one little coffer locked with three locks; whereof one key to be in the custody of the Dean for the time being, and the two other keys to remain in the custody of the two eldest Stagiaries or antient Residentiaries of the said Church: and this little coffer with the seal to remain in one great Chest to be locked with three keys, whereof one key to remain with the Dean, and the other two with two eldest Residentiaries for the time being: and if it shall happen that the Dean or any of the Residentiaries having in their keeping any of the said keys do depart and goe out and from the City of London, that then he so departing shall leave the key so remaining with him with one Residentiary, being in the City of London and next in antienty to him, having no key; and for lack of one of the Residentiaries, then to leave the same key with his Chaplain, to have and keep the same key for the ensealing of such writings as shall be agreed and consented upon till his next return and coming again to the said City, and then to be delivered again to him that so delivered the same key. And also, We, the same Bishop, by the assent, consent, and agreement of the said Dean and Residentiaries, do ordain and decree that such Ecclesiastical Jurisdictions as do appertain and belong to the said Dean and Chapter to be exercised in all outward matters by the Dean (if he be Resident) and one of the Residentiaries, and that the deputation of their Commissary for that purpose shall be by the Dean and more part of the Residentiaries: and that the Dean and Chapter shall have correction of the Ministers of the Church (except the Canons Residentiaries) in the Chapter house or Vestry de consilio Residentium; but not to correct any of the Canons Residentiaries without the assent of the more part of the Chapter. And if the Dean keep no residence and abide three miles from the City of London, that then the eldest Residentiary present to have like authority for the exercise of jurisdiction in the Chapter-house or Vestry, and all other jurisdiction appertaining to the said Dean and Chapter, as to the Dean is afore appointed; and that the Clerk which doth enrole their Indentures and Chapter acts, to bring in once in two years his book in parchment fair written of all such things as have passed his said office; and also that there shall be one made before the feast of Saint John Baptist next coming after the date hereof, of all such jewels, copes, cope-money, and other ornaments belonging to the said Church, for the same to be put in one book to remain among other muniments, to be once yearly perused and conferred between the Feasts of All Saints and the Purification of our blessed Lady Saint Mary the Virgin, by the Dean and two eldest Residentiaries there for the time being. And further, We, the said Bishop, by the assent, consent, and agreement of the said Dean and Residentiaries, do ordain and decree, that if at any time hereafter it shall fortune any ambiguity, doubt, or question to rise or be moved in or upon this our present agreement, order, decree, and composition real, or of and upon any sentence, article, word, or matter contained in the same, that then the said ambiguity, doubt, or question to be expounded, interpreted, judged, or determined by us the said Bishop and our successors Bishops of London, the Archdeacon of London and the Chanter of the said Cathedral Church for the time being, and four of the eldest Canons of the same Church being not resident, or two of them at the least, without any further suit, appellation, complaint, or quarrel be made in that behalf. And further, We, the said Bishop, by the advice, assent, and consent aforesaid, do ordain and decree that a solemn Chapter Act (fn. 12) shall be made upon this our order, decree, and composition, the same to be enacted in the Register of the said Chapter, and to be sealed as well with the seal of us the said Bishop, as also with the Chapter-seal of the said Dean and Chapter, and with their seal called Sigillum ad Causas, and also with the Dean's seal of office: the one part of the same decree and composition so sealed to be put in their treasury there to remain and be kept among other records and muniments of the said Church; and the other part or counterpane of this our said composition and decree likewise sealed to remain with us the said Bishop in our Register and Records. And further, We pronounce, award, decree, and judge, that as well the said Mr. John Fecknam, now Dean, as the said Mr. William Ermesteade and Gabriel Donne, Residentiaries, shall give a corporal oath upon the Evangelists, well and truely to observe and keep this our order, agreement, and mutual composition during their times. And that every Dean and Canon of the said Church entring into their first acte and admittance of Residence shall swear upon the Evangelists in the Chapter-house well and truely to observe, perform, and keep this our present agreement, order, or composition during his or their Residence in the said Church, bonâ fide, according to the true, simple, and literal sense and meaning of the same. Also, We, the said Bishop, do further ordain and decree that all such benefices and promotions as shall be given hereafter by the Dean or Residentiaries of the said Cathedral Church by their course, shall be given under their seal called Sigillum ad causas. Finally, We, the said Edmund, Bishop and Ordinary aforesaid, by like advice and counsell, as well of the worshipfull, learned, and discreet personages first above named, as by the express consent and assent of the said Dean and Canons Residentiaries for them and their successors, do award, judge, deem, pronounce, and decree by these presents firmly for ever to be observed, that all former statutes, customes, uses, prescriptions, or usages of the said Church of Saint Paul, written or not written, sworne or not sworne, observed or not observed, which bee or shall seem to be repugnant, contrary or noncompatible with this our order or composition real, or of any article, clause, matter, or sentence comprised within the same, or any article or part of it, from henceforth shall be reputed, taken, or accepted for repealed, frustrate, void, and of no effect to all intents and purposes: and this our present real composition onely to stand and abide in full force and effect between the said Dean and Residentiaries and their successors for ever. In witness of all which premises well and truly of all parts to be observed, performed, and kept, in manner and form before expressed, as well We, the said Bishop, to this our present order, decree, and real composition, have sett our seal, as also the said Dean and Chapter to the same have sett their Chapter seal, together with their seal called Sigillum ad Causas, and the seal of the office of the said Dean, with the subscription of our proper hands. Given the day, month, and years above written, being the sixteenth year of our translation.

Die Sabbati, videlicet quarto die mensis Maii, anno Domini 1555, in domo Capitulari Ecclesiæ Cathedralis Divi Pauli London, coram venerabilibus et eximiis viris Magistris Johanne Fecknam, Decano, Willielmo Ermestead, et Gabrieli Dunn, (fn. 13) Canonicis Residentiariis et Stagiariis Ecclesiæ Cathedralis Divi Pauli prædicti, Nicholas Harpesfield, Legum Doctore, Præbendario Præbendæ de Harlston in eadem Ecclesia, ac Vicario in Spiritualibus Generali Reverendi Patris Domini Edmundi, London Episcopi, et Thomæ Baugh Cancellarii Ecclesiæ prædictæ, (fn. 14) in præsentia Francisci Harward, Notarii Publici, deputati magistri Roberti Johnson, Registrarii pro juribus Domini Episcopi London, et mei, Johannis Incent, Notarii Publici, deputati magistri Antonii Huse, Clerici Capituli, introducto per eundum Franciscum Harward, supra scripta compositione, concordia, sive finali decreto in pergameno dupliciter scripto, ac per eundum magistrum Nicholaum Harpesfield publice prælecto, post charitatem et communicationem inter dictum Decanum, Residentiarios, et cæteros prænominatos aliquandiu amice habitam; tandem dicti Domini Decanus et Residentiarii prænominati consensum et assensum suos et expressos unanimiter et concorditer (nullo eorum contradicente aut discrepante) eidem prebuerunt et exhibuerunt. Et tunc idem Magister Nicholaus Harpesfield, Vicarius in Spiritualibus Generalis antedictus, tam eundem Magistrum Johannem Fecknam, Decanum, quam antedictos Magistros Willielmum Ermestead et Gabrielem Donne, Canonicos Residentarios, juramento oneravit ad Sancta Dei Evangelia per eos corporaliter tacta, de fideliter observando et perimplendo dictam compositionem, concordiam, sive finale decretum, quatenus eos respective concernit, durante tempore Residentiarum suarum aut eorum alicujus in eadem Ecclesia Cathedrali; et ulterius ordinatum et concessum est per dictos duos Residentiarios, quod præfatus M^r Johannes Fecknam, Decanus, non sit quovis modo impeditus, disturbatus, seu inquietatus pro aliquibus pecuniarum summis pro manerio de Sandon per eum hactenus habito et percepto, vel pro aliis actis quibuscunque dictum manerium concernentibus per ipsum Dominum Decanum antehac factis et commissis: sed ab iisdem penitus et omnino acquietatus erit et exoneratus in perpetuum. Quibus omnibus et singulis præmissis, sic, ut præmittitur, gestis et expeditis, præfati Magistri Johannes Fecknam, Decanus, Willielmus Ermestead, et Gabriel Dunne, Canonici Residentiarii, contulerunt se ad vestibulum Ecclesiæ Cathedralis prædictæ, ubi dictam compositionem sive decretum in pergameno, ut præmittitur, dupliciter scriptum, tam magno sigillo suo communi, quam sigillo ad causas, ac etiam sigillo officio dicti Domini Decani munierunt, ac in vestibulo prædicto sub custodia Magistri Willielmi Stickett, Sacristæ, dimiserunt usque ad, et in, diem Sabbati, videlicet, decimo octavo die præsentis mensis Maii fideliter custodiendum, et quod tunc producatur coram Domino Episcopo London in domo Capitulari prædicta, ut sigillo suo Episcopali etiam muniatur.