II.: Wardships over Vacant Sees.

The church had its own grievances. The Constitutions of Clarendon had stipulated that each prelate should hold his Crown land sicut baroniam; and this view ultimately prevailed. It followed that all appropriate feudal burdens affected church fiefs equally with lay fiefs. The lands of a see were, however, the property of an undying corporation (to use the language of a later age): a minority was impossible, and therefore, so it might be argued, wardships could never arise. Rufus objected to this reasoning, and devised a substitute for ordinary wardships by keeping sees long vacant, and meanwhile appropriating the revenues. Henry I., while renouncing 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. records “reliefs” of £30 and £20 paid by tenants of the vacant see of Lincoln for six and four knights’ fees respectively.

John reserved his wardships in his charter to the church; and Stephen Langton thought, perhaps, it was unnecessary to press for their renunciation, since the promise not to delay elections would render such wardship unprofitable.

The omission was supplied in 1216, when the provisions applicable to lay fiefs were extended to vacant sees, with the added proviso that church wardships should never be sold.

These provisions were supplemented by later acts. An Act of 14 Edward III. (stat. 4, cc. 4 and 5) gave to the dean and chapter of a vacant see a right to pre–emption of the wardship at a fair price. If they failed to exercise this, the King’s right to appoint escheators or other keepers was confirmed, but under strict rules as to waste.