Page:The reign of William Rufus and the accession of Henry the First.djvu/409

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Vacant prelacies held by the King.

Power of prolonging the vacancy.

Sale of bishoprics and abbeys. There was the fief; but there was no one ready to perform the duties with which it was charged. The fief must therefore fall back to the lord till it should be granted afresh to some one who could discharge those duties. The king thus, in the words of the Chronicler, became the heir of the deceased bishop or abbot, even more thoroughly than he became the heir of the deceased baron or other lay tenant-in-chief. For in the latter case, except when the late holder's family became extinct by his death, there was always some one person who had by all law and custom a right above all other men to succeed him. The son or other natural successor might be constrained to buy back the lands of the ancestor,[1] or, if a minor, he might be kept out of them till his time of wardship was over. Still even Flambard would have allowed that such a natural successor had, if he could pay the price demanded, a claim upon the land which was not shared by any one else. But on the lands of a deceased bishop or abbot no man, even of his own order, had any better claim than another till such a claim was created by election or nomination. The king was the only heir; the lands and all the other property of the vacant office passed into his hands; and, as no election or nomination could hold good without his consent, it was in his power to prolong his possession as heir as long as he thought good. That is to say, by the new device of Flambard, when a bishop or abbot died, the king at once entered on his lands, and kept them as long as the see or abbey remained vacant. And, as it rested with the king when the see or abbey should be filled, he could prolong the vacancy for any time that he thought good. And William Rufus commonly thought good to prolong the vacancy till some one offered him such a price in ready money as made it worth his while to put an end to it.[2]

  1. See N. C. vol. iv. p. 37.
  2. See Appendix W.