NOTES OX THE CHURCH OF ST. IVES. 267 



of the said conseoration, tliere is no special mention of mortuaries 

 as due to the said parisli church. As a matter of fact, tlun'e had 

 been, during the time of Bishop Stafford, litigation in the 

 Consistory Court, concerning such mortuaries, between the 

 parishioners and the then vicar, when it had been definitely 

 adjudged that moi'tuaries, in the form and manner described in 

 the sentence were, by virtue of ancient custom, thenceforth due 

 and should be faithfully paid for all and every of the parisliioners 

 of the said churcli and cliapel dying in the vill of Lelant 

 (Trembethow Hall, Bronyone, Polpere, and a house called 

 Porthya New Hall (Nova Aula de Porthya) alone excepted). 

 The bishop then sets out the words in his ordinance that were 

 alleged to be ambiguous, and as to which the dispute and 

 litigation had arisen : " Saving fully and for ever all parochial 

 right."?, by common law or custom, of the parishioners of the said 

 parochial and mother church of St. Euninus, and of the vicar 

 thereof for the time being, in and from the said chapel and its 

 parishioners " ; and being urged, as he states, by Sir Richai'd 

 Tresaghere, vicar of the said parish church of St. Euninus, in 

 person, as well as the parishioners of the said chapel of 

 Porthya, by Peter Pencors, their i:)roctor properly constituted 

 in writing, attending before him at his court at Crediton on the 

 28th of July, 1432, to explain the ambiguous words, and they 

 having undertaken to accept and obey his decision in all resj)ects, 

 he accordingly declares that by ancient custom in force prior to 

 his said ordinance, and by the force of the ancient constitution 

 and by the authority of the definite judgment referred to above, 

 mortuaries were due and payable by the parishioners of the said 

 parish church of St. Euninus and of the said chapel of St. Ives 

 (Sancte Ye); that he had never intended by his consecration of 

 that chapel in any way to derogate from the right and ancient 

 customs of the said parisli churcli of St. Euninus, but to prevent 

 future trouble he declares his interpretation of tlie words alleged 

 to be ambiguous to be this : That mortuaries, in the manner and 

 fonn in the said judgment described, and confirmed by the long 

 standing custom of the parish of St. Euninus and of the chapel 

 of St. Ives, should for the future be faithfully accounted for and 

 paid, any verbal obscurity or ambiguity respecting them 

 notwithstanding. Though some had endeavoured to cast doubt 



