BETH. The other act, in which the Church is concerned, was, "the ELIZAestablishment of the bishopric of Norwich, and the revenues belonging to it, against a pretended concealed title." To let the reader better into the meaning of this statute, sir Edward Coke observes, that certain concealers, ' templorum helluones,' as he calls them, produced letters-patent of concealment, bearing date August the 2d, in the twenty-seventh year of this reign: and that William Redmayn, doctor in divinity, and bishop of Norwich, caused one Hammond to take an estate to him and his heirs, from the said concealers, of all or the greatest part, of the monastery of St. Bennet's de Hulmo, belonging to the bishopric. Sir Edward Coke, then attorney-general, foreseeing the damage the Church of Norwich might receive by this management, discoursed with the bishop, and prevailed with him at last to agree to the bringing in a bill for establishing the bishopric and the revenues. This bill, as may be collected from what this learned gentleman reports, was drawn and solicited by himself, and which I mention to do justice to his memory. Coke's pt. 4. 659. An act for ing the The statute sets forth, that in the twenty-seventh year of the reign of king Henry VIII., it was enacted, "That such fol. 257. person as should then next after be bishop of the see of Nor- the establishwich, being then void, and his successors, bishops of the said bishop of see, should have and enjoy, united and knit to the said Norwich, &c. bishopric, the monastery of St. Bennet's, in the county of Norfolk, and all the possessions of the same.-That certain persons, of a covetous and greedy desire to enrich themselves, have, to the great deceit of her highness, to the impeachment of the said bishopric, and to the unjust disturbance of the bishops of the said see, their tenants and farmers, obtained of her majesty (little suspecting their evil intention) a grant in fee-farm, by her letters-patent, of all or most part of the possessions of the said bishopric, under the name of a cottage, and of all lands, tenements, tithes, and hereditaments, with the appurtenances, within the deaneries of Flegg, Brook, Waxham, Blowfield, Repes, and Deepwade, or any of them, in the county of Norfolk, belonging to the said monastery of St. Bennet's, of Hulm." After this preamble the statute enacts, "That the surrender of the hospital of St. Giles, in Norwich, by William Rugge, bishop of Norwich, and Nicholas Shaxton, master of the said hospital, and the brethren of the WHIT GIFT, same, made to the late king Edward VI., in the first year of Abp. Cant. his reign, shall be taken, construed, and adjudged, not to have conveyed to the said king, his heirs and successors, any manors, lands, tenements, or hereditaments whatsoever, of the said late monastery of St. Bennet's, of Hulm, or of the said bishopric, or belonging thereunto, or to either of them but the same, and every part thereof, shall be deemed and adjudged to have remained in the said William, then bishop of the said see, and shall be adjudged to remain in the now bishop of the said see, and his successors, for ever, as if the said deed and surrender had never been made." 39 Eliz. cap. 22. The concealers endea vour to seize the By the way, the method of these concealers was to inform the crown that the subject had usurped upon it, either by keeping some part of an estate surrendered to the crown, or by extending grants from the crown, to lands not comprised within the conveyance. Upon this information, the concealers procured patents, or conveyances of such pretended or concealed estates. To make their patent pass the better, they commonly had only some little part of the estate inserted, with other general words, which reached to a great deal more. These concealers usually quarried upon the Church, as finding a conquest much more feasible at that quarter. And, as they struck at the bishopric of Norwich, so they were very near carrying off the estates belonging to the deanery and chapter of that cathedral. Of this attempt sir Edward Coke gives a full account in the third book of his Reports. I shall give the reader the substance of the argument. King Henry VIII., by his letters-patent, bearing date the 2d of May, in the thirtieth year of his reign, turned the estate of the priory and convent of the cathedral of Norwich into a deanery deanery and and chapter; and by the same letters-patent discharged the chapter of Norwich. prior and convent from wearing the habit, and observing the rule; and erected the dean and prebendaries into a corporation, and conveyed the manors, lands, &c. to them and their successors, which formerly belonged to the prior: and, over and above the patent, granted them the privilege of being a chapter to the bishop of Norwich, and his successors. Upon perusing the instrument of the foundation, and some other ancient deeds belonging to the priory, a question was put, whether the king, or Herbert, first bishop of Norwich, was the founder. And here it was taken for granted that Herbert BETH. This case argued by was the founder. Afterwards the said dean and chapter, by ELIZAtheir deed enrolled, surrendered their church, and all their estates, to king Edward VI., in the second year of his reign. The king, in the same year, incorporates them again, per nomen decani et capituli ecclesiæ cathedralis sanctæ et individuæ Trinitatis Norwici ex fundatione regis Edwardi Sexti." Afterwards the king, in the same year, grants them back their church, and all their estates, (except attorneycertain manors, &c.) which were conveyed to them and their Coke, with general successors, by the name of dean and chapter of the cathedral the resolution of the of Norwich, omitting these words, "ex fundatione regis Ed- lord-keeper and judges. wardi Sexti." Now one William Downing, and some other indigent persons, endeavouring to repair their fortunes by the ruin of the deanery and chapter, pretended that the cathedral church, and all the above-mentioned possessions, were concealed from the queen, and that they were granted to them (though this grant was drawn in general and obscure words) in letters-patent of concealment. And that these estates were concealed from the crown they endeavoured to prove. 1. Because the converting the priory and convent into a deanery and chapter was void: and that the old corporation subsisted in law, till all the monks were dead. And, after the decease of all the monks, which happened in the eighteenth year of the reign of queen Elizabeth, all the estates belonging to the convent were vested in the queen, pursuant to the statute of the 31st of Henry VIII. cap. 13. 2. Granting the translation, as the Report calls it, was good, yet by the surrender made to king Edward VI., the king was seized of all their possessions; and the granting them back above-mentioned was void by the misnomer of the corporation of the dean and chapter; that is, because of the omission of these words, "ex fundatione regis Edwardi Sexti." Now this being a case of great concern, and the queen finding herself surprised by these concealers, referred the consideration of this matter to sir Thomas Edgerton, lord-keeper; to Popham and Anderson, chief-justices, and to Periam, chief-baron. And thus at York-house, belonging to the lord-keeper, the case was argued by the concealers' counsel. The substance of their objections and arguments was to this effect: 66 First, They granted that Herbert, formerly bishop of Norwich, was the founder of the priory. And from hence 660. WHIT- they infer, that since the founder was not a party to the translaGIFT, Abp. Cant. tion of the priory and convent into a deanery and chapter, the translation was void. And to prove that the founder of a priory has such an interest in the house as to make his joining necessary, they cited several year-books, and other authorities, too long to mention. But as to this point, attorney-general Coke replied, First, that if the king was the founder, as it appeared he was by the foundation-charter, and other records, that then the case was out of all question. But admitting the bishop was founder, the translation was good notwithstanding; for it is clear, by old law-books, that it was in the pope's power to discharge a monk, or any other religious person, from his profession; and by consequence, by the 25th of Henry VIII. cap. 21, that king was empowered to dispense thus far, and accordingly he actually disengaged the prior and monks from their rule and profession, and turned them into a dean and chapter; and that this translation was legal, he proves farther from "Dyer's Reports," and from an act of parliament in the reign of king Harry VIII. not to mention other authorities. But granting this translation was imperfect or void, upon the score of the objection above-mentioned, or for any other reason, yet the 35th of Elizabeth, cap. 3, supplies such defects, and makes it perfectly good. And to show the statute comes full to the case in hand, and takes all objections away, the words run thus :-' All letters-patent made, &c. for the erection, foundation, incorporation, or endowment of any dean and chapter or college, were and shall be reputed, taken, and adjudged to have been good, perfect, and effectual in law, for all things therein contained, according to the true intent and meaning of the same: any thing, matter, or cause to the contrary thereof in anywise notwithstanding.' And thus all those who pretend title by any letters-patent of concealment are for ever barred all claim and pretension to any estate belonging to the deanery and chapter. 11 Eliz. Dyer, fol. 280. Corbet's Case. 33 Hen. 8. cap. 29. "Secondly, It was argued by the concealer's counsel, that supposing the translation was good, yet the dean and chapter had no estate, or right in the estates above-mentioned; for by the surrender of their Church, and all their manors, lands, and possessions to king Edward VI., that king was seized of them in fee, until he reincorporated them by the addition of the dean and chapter of the cathedral Church of the holy and 6 undivided Trinity in Norwich, founded by king Edward VI.; and afterwards, when the king regranted them their possessions by the name of dean and chapter, 'sanctæ et individ' Trinitat' Norwic',' these words, ex fundatione regis Edwardi Sexti,' were omitted. And here it was urged the grant was void by the misnomer of the corporation: that the name of the founder was material; and that the omission affected the charter so far as to make it insignificant. To this the attorney-general pleaded that the dean and chapter had an unquestionable estate in the lands and possessions abovementioned, for several reasons. 66 First, Granting they had made a surrender of their Church and estates, their corporation would subsist nevertheless, and they would still continue the bishop's chapter. And to set this in a due light Coke observes, that since it was not possible the Church of God should always be free from sects and heresies, it was thought necessary every bishop should be provided with the assistance of a standing council or chapter; and that, first, for the benefit of their advice in matters of difficulty relating to discipline and controversies in religion; secondly, to consent to all grants, &c. signed by the bishop, so as to make them of force to bind his successor. For it was not thought reasonable to lay so great a burthen, or to rest so much trust and confidence, in any one person, or to put it in a single man's power to prejudice succession. And here the attorney-general cites several authorities to prove that all the ecclesiastical revenues were originally vested in the bishop; and that afterwards certain proportions were assigned to the chapter from whence it follows that the chapter was prior to this assignment, and in being when they had no property. And therefore by common law the bishop is patron of all the prebends, because the estate and revenues belonging to them were originally granted by him. Thus, notwithstanding the dean and chapter happened to convey away their estates, yet they must of necessity remain a corporation, as well to assist the bishop in his function and government, as to give their consent to any grants or conveyances made by the bishop of his temporalties. But to clinch the matter, and disable all manner of objections, the attorney-general argued, that granting the corporation newly erected by king Edward VI. was good in law, and ELIZA- |