A HISTORY OF GLOUCESTERSHIRE 



Supported by the authority of Archbishop Peckham's constitutions of 

 Giffard enforced the decree of the Council of Lyons in 1274, by 

 which clerks who were not already priests when presented to livings, were 

 compelled to take orders within a year. The case of Campden illustrates the 

 difficulties with which the bishop had to contend owing to the claims of 

 patrons and appeals to the papacy. In 1282 Edmund de Mortimer, rector of 

 Campden, was deprived by Giffard because, although he had held the living 

 for three years, he had neglected to take priest's orders. 2 Adam of Avebury 

 was collated as rector by the bishop, but Edmund de Mortimer refused to give 

 up corporal possession, and the church was laid under an interdict. 3 It was 

 of no avail ; and as the parishioners suffered, Giffard bade the dean of Campden 

 remove the interdict and admonish Edmund de Mortimer to retire from the 

 church and houses belonging to it.* Edmund de Mortimer appealed to the 

 Court of Arches, 6 and thence to the Papal Curia, and in 1283 the judges 

 delegated to act by Martin IV decided that he was the true rector, that the 

 sentence of excommunication on him and his adherents was not binding, that 

 he should have quiet possession of his church, and they condemned the bishop 

 to pay 100 marks for expenses.' The bishop and Adam of Avebury appealed, 

 and in consequence the judgement was reversed and Edmund de Mortimer 

 was deprived and ordered to pay them j^ioo. 1 They could not get it from 

 him, and in 1284 the rectors of Blockley and Longborough were directed to 

 induce him to find the money under sentence of the greater excommunication. 8 

 However, Adam of Avebury was not left in peaceful possession of the rectory, 

 and in January, 1284, the dean of Campden received a mandate to go with 

 four or five parish priests and warn those who had ejected Adam to deliver 

 the church and houses to him under pain of excommunication. 9 The church 

 was again laid under an interdict. 10 The cause of the fresh disturbance was 

 the claim of the abbot and convent of Chester to present to the rectory, 11 and 

 early in 1284 they recovered their right in the king's courts. 13 Giffard received 

 a writ to admit a fit person on their presentation ; ls their nominee was a 

 deacon named Henry of Upavon, and as Giffard refused, a suit in the Court of 

 Arches followed, 14 and the dean of Arches ordered the sequestration of the fruits 

 of Campden. 15 Giffard appealed to the Papal Curia against the sequestra- 

 tion, 16 and judges were delegated to hear the case. 17 The bishop was 

 unsuccessful, and in August, 1284, he instituted Henry of Upavon. 18 



The bishop paid particular care to the fabrics of churches, insisting in 

 September, 1 270, that the chancel of Henbury-in-Salt-Marsh should be fitly 

 rebuilt by the vicar and portioners before i August, 1271." In 1282 the 

 parishioners of Frocester were summoned to appear before the consistory 

 court in the church of St. Nicholas at Gloucester to show cause why they 

 had not repaired and roofed their chapel. 80 Their reply was that they had 

 made an agreement with the vicar by the terms of which he was bound to 

 undertake the repairs on condition of receiving a third of the mortuaries. 21 



1 Wilkins, Conci/ia, ii, 36. ' Won. Epis. Reg. Giffard (Wore. Hist. Soc.), 144. * Ibid. 140. 



4 Ibid. 140. Ibid. 144. 6 Ibid. 187. ' Ibid. 226. 



8 Ibid. 226. ' Ibid. 188. 10 Ibid. 224. " Ibid. 223. 



"Ibid. 188. "Ibid. "Ibid. 193. "Ibid. 209. "Ibid. 223. 



" Ibid. 21 1. " Ibid. 246. " Ibid. 43. M Hist, ft Cart. Glouc. (Rolls Ser.), i, 310. 



fl A mortuary was a due paid to the church upon the decease of a parishioner. A man might not dispose 

 of his goods by will without first assigning therein a sufficient mortuary to the church ; Phillimore, Eccl. 

 Law, i, 873. 



16 





