RELIGIOUS HOUSES 



the priory, because we have found, he said, 

 after due examination of the evidences, that 

 the prior and chapter are well able to serve 

 the church through their own chaplains 

 under the care and direction of the prior for 

 the time being, no other vicar having been 

 ever instituted in the same. 1 The parish of 

 St. Mary was not unfrequently called the 

 parish of Carlisle cathedral, 2 and the church- 

 yard or burial ground around the church was 

 known as the churchyard of St. Mary's or the 

 churchyard of the canons of St. Mary's, Car- 

 lisle. 3 The parish church remained within 

 the cathedral, probably in the nave, ab antique 

 as it was within living memory, till 1869, 

 when the present church of St. Mary was 

 built within the abbey. 



The ownership of the tithes arising from 

 assart lands in the forest of Inglewood was a 

 constant source of irritation and dispute be- 

 tween the bishop and the priory. It has been 

 already mentioned that these tithes were 

 granted by Henry I. to the church of Carlisle 

 and confirmed by Henry II. In the division 

 of the church property by the papal legates, 

 the ownership of the tithes of lands to be 

 assarted in the future was not clearly laid 

 down. Edward I. however acknowledged in 

 1280 the claim of the priory to the tithe of 

 venison in the forest. 4 The whole matter 

 was reviewed in the king's court in 1290, 

 when claims were separately set up by the 

 bishop, prior and parson of Thursby for the 

 tithes of two places, Linthwaite and Kirk- 

 thwaite, newly assarted in Inglewood, the 

 king intervening as owner of the forest. 

 Bishop Ralf stated that the places in question 

 were within the limits of his church of 



1 Carl. Epis. Reg., Kirkby, ff. 448-9, 452, 

 454-5. The conflict between the diocesan and 

 provincial courts is very interesting. Bishop Kirkby 

 showed the people at York that he was master 

 of his own diocese. He not only rejected the 

 vicar that the provincial court sought to obtrude 

 into the parish, but added a sentence to his 

 judgment which is worthy of attention : 'prefatos 

 priorem et capitulum ab impeticione dictorum 

 parochianorum et officii nostri in hac parte absol- 

 vimus, et per decretum absolutes dimittimus in 

 hiis scriptis' (ibid. f. 452), thus summarily dis- 

 missing the appeal without hope of a future revival 

 and ignoring altogether the intervention of the 

 metropolitan court. 



3 In 1506 Henry, Earl of Cumberland, ac- 

 counted to the king for the enclosures made by 

 him in the parish of Carlisle cathedral witHin the 

 bounds of the forest of Inglewood (Inq. p.m. 21 

 Hen. VII. Nos. 19-39). 



* Testamenta Karleoleasia (Cumb. and Westmld. 

 Arch. Soc.), ii, 114-5, 1 1 8. 



Close, 8 Edw. I. m. 2. 



Aspatria : Henry de Burton claimed that they 

 were situated in his parish of Thursby ; the 

 prior of Carlisle produced a certain horn of 

 ivory (quoddam cornu eburneum), by means of 

 which, he said, Henry the old king enfeoffed 

 the canons of Carlisle with the said tithes. 5 

 Ultimately judgment was given in favour of 

 the king's claim, but in 1293 that claim 

 was relinquished and the tithes were re- 

 granted to the canons. 8 From time to 

 time the right of the canons was after- 

 wards disputed by the king's foresters or by 

 the bishop's, but the position of the canons on 

 inquiry remained unshaken. It was found, 

 after inquisition in 1330, that the prior and 

 his predecessors were seised of the tenth 

 penny arising from all extra-parochial agist- 

 ments within the forest of Inglewood in the 

 times of all keepers of that forest by the 

 hands of the receiver of the issues thereof, 

 from the time of the foundation of the priory 

 by grant of Henry son of the empress (im- 

 peratoris), until Henry le Scrop, the late 

 keeper, detained the said tenth penny. The 

 king confirmed them in their possession. 7 It 

 was at this date that a long dispute raged 

 between Bishop Ross and Prior John de 

 Kirkby about the tithes, resulting in the 

 excommunication of the prior and the death 

 of the bishop. 8 The revival of litigation 

 was the means of procuring a confirma- 

 tion from the Crown, in the shape of a 

 notification of the record of a cause between 

 Edward I. and Adam, then prior, tried at 

 Carlisle before the justices itinerant, on the 

 morrow of All Souls, 1285, on a writ of quo 

 warranto touching the following liberties in 

 Inglewood Forest : common of pasture in 

 right of their church for themselves and their 

 tenants within the metes of the forest : tithes 

 of venison and of hay, pannage, after-pan- 

 nage, agistment of foals, calves, lambs, swine, 

 goats and other animals, also of fish taken 

 in the lake of Tarnwadling, called ' layke- 

 brait,' the hides of all beasts found dead by 

 the foresters, the right to hunt the hare and 

 fox with their hounds without the covert, and 

 that their hounds be quit of expeditation ; the 

 right to a charcoal burner to make charcoal 

 from all dead wood in the grass and to such 



6 Rot. Par/. (Rec. Com.), i. 37-8 ; ii. 44-5 ; 

 Ryley, Plac. Par!, (ed. 1661), 49-51. 



8 Pat. 22 Edw. I. m. 27. 



" Close, 4 Edw. III. m. 31. There is a 

 curious confusion of Henry I. and Henry II. in 

 this roll, arising no doubt from the fact, as pre- 

 viously stated, that Henry II. inspected and con- 

 firmed the charter of the forest given by Henry I. 

 to the church of Carlisle. 



Carl. Epis. Reg., Ross, ff. 263, 266. 



II 



137 



18 



