This case is a tithe dispute between two clerics, one a chaplain sent from an Augustinian priory in Suffolk to a chapel dedicated to St Laurence at Wormley, Hertfordshire, and the other the parish priest of the local parish of Cheshunt. The chaplain collected a sizeable sum offered by those who came to the chapel on St. Laurence’s feast day in August each year (as much as 100 shillings, one witness estimated); the parish priest of Cheshunt thought he should get a cut as his tithe. An interesting aspect of this tithe dispute is that although this is a conflict between two clerics, heard in the court of their bishop, it was the testimony of four laymen which established which of the priests had the customary right to those revenues. This made a certain amount of sense: parish priests and chaplains came and went and were not locals, while the laymen in some cases could testify to practices over the last century. It also shows that simple models of lay and clerical power that conceptualizes them as separate and discrete entities cannot appreciate how tangled and complicated they were.
LMA, MS DL/C/A/001/MS09065, fols. 117v-119v, 122v
Testimony of John Flynt, 24 Nov. 1492
22 November, A.D. etc. [14]92, by Master Hugh Payntwyn, in his dwelling house, in Richard Woode’s presence.
On behalf of Sir Thomas Wiseman against Sir David Kingesbury on the libel.
John Flynt of the parish of Cheshunt [Hertfordshire], where he was born and has lived for the greater part since the time of his birth, illiterate, of free condition, age forty, as he says. Inducted as a witness, etc., he says that he has known Sir Thomas Wiseman, called warden or rector of the chapel of St. Laurence called Saint Laurence in the Bush[1] in Wormley [Hertfordshire], for seven years, and Sir David Kingesbury, the vicar of Cheshunt, for seven years and more. To the first part of the said libel, he says that the said Sir Thomas has been the rector and warden of the said chapel for the last seven years to the knowledge of this witness, and as such for that same time has been and still is commonly said, taken, and reputed. For that same time Sir Thomas has accepted and had the offerings made at the chapel on the feast of St. Laurence and other times, and he lives from those offerings and the revenues and appurtenances of certain lands belonging to the chapel from ancient times, which extend to one hundred shillings by common estimation. Neither the said Thomas nor his predecessor used to pay any tithes to any vicar of Cheshunt existing at the time for or from the lands belonging to the chapel or from any offerings made at any time in the said chapel, nor has any vicar of Cheshunt ever claimed these offerings made there until the time of Sir David, the present vicar, as far as this vicar ever knew or understood. The exception is that he has heard from those older than him that each year Sir David’s predecessors on the feast of St. Laurence [10 Aug.] were accustomed with their clergy to come to the chapel and there to celebrate a choral mass, and after the mass they would receive two shillings from the warden, but whether this money was paid as a debt or whether the wardens gave it in recompense for the expenses and labour of the vicar’s servants, this witness does not know from his own knowledge or from what others have told him. And he says that Sir David during his time has celebrated mass on each feast of St. Laurence in the chapel and has received nothing from the offerings nor has he had the two shillings as he told this witness, from which this witness believes this suit had its origin, and otherwise this witness has nothing to depose concerning its contents. To the second part, he says that many times, and the last time on last Wednesday,119v, in the presence of Thomas Lucas, this witness, and William Spencer, Sir David said publicly and asserted that he wanted to take and have in the name of his vicarage all the lesser tithes coming from the lands belonging to the chapel and the offerings there made at any time, which tithes and offerings belonged to him, as he asserted. To the third part, he says that what he said above is true and that public voice and fame circulated and circulate concerning those things in the parish of Cheshunt.
Testimony of William Spenser, 24 Nov. 1492
William Spenser of the parish of Cheshunt, London diocese, where he has lived for thirty years and more, illiterate, of free condition, seventy years old, as he says. Inducted as a witness, etc., he says that he has known Thomas Wiseman, called the rector or warden of the chapel of St. Laurence called Saint Laurence in the Bush, Wormley, for eight years, and Sir David Kingesbury for seven or eight years. To the first part of the said libel, he says that Sir Thomas has been the warden or rector of the said chapel for eight years and for that same time he has been and still is commonly said, held, named, and reputed as the master or warden of the chapel. And he says that Sir Thomas during the time that he has been warden of the said chapel has taken and had all and every kind of revenue, yield, ecclesiastical right from the lands and places belonging to the chapel, as well as the offerings made and had in the said chapel, without any objection or contradiction of the current vicar until the time this present suit was moved. And he says that this witness knew a certain Sir John whose surname he cannot now remember, the immediate predecessor of the current warden of the chapel, who was warden for four or five years, and before him a certain Sir William, a canon, who was warden of the chapel for three or four years, and before him Sir Reginald, now the prior of Thetford,[2] who was warden there for many years, who during their times as they told this witness received and had all and every kind of revenue and yield from the lands belonging to the chapel and the offerings made in the chapel, and they freely disposed of them without contradiction of the vicars of Cheshunt existing at that time, except that the vicar for the time being each year on the feast of St. Laurence was accustomed to come to the chapel with his clergy, for the sake of singing the choral mass in the chapel, and they had a meal with the warden of the chapel together with two shillings. But whether those two shillings were received in the name of payment for the labour of the said vicar or as the payment of tithes, this witness does not know. To the second part, he says that on the feast of St. Laurence last past in the chapel, in the presence of John Flynt and others whose name he does not recall at present, this witness was present when and where the said vicar sought the offerings made that day in the chapel from Sir Thomas, who answered that the vicar would not have them. And the vicar said that he would have those tithes because the chapel was situated in his parish. To the third part, he says that what he said above is true, and that public voice and fame circulated and circulate concerning those things in the towns of Cheshunt and Wormley and other neighbouring towns and public places.
Testimony of Thomas Lucas, 24 Nov. 1492
Thomas Lucas, husbandman of the parish of Cheshunt, where he was born and has lived from the time of his birth, illiterate, of free condition, sixty years old and more, as he says. Inducted as a witness etc., he says that he has known Sir Thomas Wiseman, regular canon[3] and possessor of the chapel of St. Laurence, for seven years, and Sir David, the vicar of Cheshunt, for thirteen years. To the first article, he says that for the last seven years Sir Thomas has been by this witness’s knowledge the possessor and warden of the said chapel, and as such he has been and still is said, held, had, named, and reputed by this witness’s knowledge. Further he says that he has known all the masters or wardens of the chapel for the last forty years, namely Sir Peter Bryan, the warden of the chapel for forty years and more, while he was warden there for twenty years or thereabouts, and after him Sir Reginald, who was warden there for ten years or thereabouts, the predecessors of the Sir Thomas the current warden, who during their times received and had each and every right and emolument belonging to and expected by the chapel, as well as whatever offerings were had or made in the chapel, and both of them also received them without objection from any vicar, and so did the current chaplain receive and have them until the time the present suit was moved. But he says that each year for the last fifty years on the feast of St. Laurence, the vicar for the time being from common custom would come to the chapel for the sake of celebrating a sung mass and that they received from the warden a meal and two shillings, but whether he received it in the name of payment for his labour or for any other reason this witness does not know. To the second part of the libel, he says that on a certain day in the parish church of Ware [Hertfordshire], between the feasts of Easter [22 April in 1492] and the nativity of St. John the Baptist [24 June] last past, which day he cannot further specify, this witness was present when the vicar spoke these words in English, or others similar in effect, that is, “I will have the offerings of thy chapell” to Sir Thomas, and he responded thus, “If ye can show a cause reasonable, ye shall have them or else ye shall not.” And otherwise he has nothing to depose concerning its contents. To the third part, he says that what he said above is true, and that public voice and fame circulated and circulates concerning it in the towns of Cheshunt and other neighbouring places.
Testimony of William Cliott, 6 Dec. 1492
On behalf of Sir Thomas Wiseman against Sir David Kingesbury.
6 December by the lord official in his dwelling house
William Cliott of the parish of Cheshunt, London diocese, where he has lived for forty years and more, literate, of free condition, seventy-two years old as he says. Inducted as a witness etc., he says that he has known Sir Thomas Wiseman, the warden of the chapel of St. Laurence, for six or seven years, and Sir David Kingesbury, the vicar of Cheshunt, for eleven years. To the first part, he says that for the last six or seven years Sir Thomas has been the warden of the chapel, and as such he has been and is commonly said, taken, named, and reputed to this witness’s knowledge, and moreover he says he knew all the masters or possessors of the said chapel over the last forty years and more, for instance Sir Peter Brian, Sir Reginald, Sir Stephen, Sir William, and Sir Thomas, whose surnames he does not know, the predecessors of the current warden Sir Thomas Wiseman. Each of them during their time had and received the rights and emoluments pertaining to the chapel and also the offerings made in the chapel, without objection from any vicar of Cheshunt. And he says that if the lands pertaining to the chapel were contributory to the farm then the tax farmer would pay tithes to the vicar of Cheshunt, and if they were not contributory to the farm then the vicar would not have the tithes.[4] Except, he says that each year for the last forty years on the feast of St. Laurence the vicar of that time would come to the chapel in order to celebrate there a sung mass, and that he or his deputy would receive from the warden a meal and two shillings, but whether he received this as a payment or for his labour this witness does not know. And otherwise he knows nothing to testify about its contents. To the second part, he says that he does not know anything to testify about its contents as far as this witness ever knew or understood, but he says that about four or five years ago this witness heard the vicar saying in English, “I will find out whether I shall have tithes [….].” To the third part, he says that what he said above is true and that public voice and fame circulated and circulate concerning them in the town of Cheshunt.
[1] The chapel of St. Laurence in the Bush belonged to the house of Austin canons in Thetford, Suffolk. Letters and Papers, Foreign and Domestic, of the Reign of Henry VIII (London: Public Record Office, 1862), 13/2:281. See here for more on the Thetford priory. The priory had a visitation from the bishop of Norfolk as part of a series of inspections of religious houses in his diocese, coincidentally two weeks before the first depositions in this case were heard. Sir Thomas Wiseman was listed as one of the eight canons affiliated with the priory, but it was noted that he was “absent in the daughter-house called the chapel of St. Laurence in London diocese [absit in cella vocata capella Sancti Laurencii London diocese.]”
[2] The house of Austin canons at Thetford, Norfolk, that held this chapel.
[3] That is, an Austin canon.
[4] The meaning of the Latin in this sentence is unclear: this is my best guess.
Consistory 