l men and tenants
of the manor and soke; that the bishop and his successors shall be quit
for ever to the king of all mercies, fines (&c.), that no constable of
the king shall have power of entry, but that the whole shall pertain to
the said bishop, except attachments touching pleas of the crown, and that
all chattells, &c., either in the king's court, or any other, shall be
the bishop's." Then follow cases in which chattells of Robert Mawe, a
fugitive, were demanded by the bishop, and 24 pounds exacted from the
township of Horncastle in lieu thereof; also 40s. from William, son of
Drogo de Horncastre, for trespass, and other fines from Ralph Ascer,
bailiff. Robert de Kirkby, &c., &c. The same document states that the
bishop has a gallows (furcae) at Horncastle for hanging offenders within
the soke; and, in connection with this we may observe that in the south
of the town is still a point called "Hangman's Corner."

These extensive powers, however, would hardly seem (to use the words of
the charter) to have been "for the good of the souls" of the bishop or
his successors, since they rather had the effect of leading him to the
abuse of his rights. Accordingly, in the reign of Edward III., a plea
was entered at Westminster, before the King's Justices, {19a} by which
John, Bishop of Carlisle, was charged with resisting the authority of the
king in the matter of the patronage of the benefice of Horncastle. That
benefice was usually in the gift of the bishop, but the rector, Simon de
Islip, had been appointed by the king Archbishop of Canterbury and, in
such circumstances, the crown by custom presents to the vacancy. The
bishop resisted and proceeded to appoint his own nominee, but the
judgment of the court was against him.

A somewhat similar case occurred a few years later. {19b} Thomas de
Appleby, the Bishop of Carlisle, and John de Rouseby, clerk, were
"summoned to answer to the Lord the King, that they permit him to appoint
to the church of Horncastre, vacant, and belonging to the king's gift, by
reason of the bishopric of Carlisle being recently vacant." It was
argued that John de Kirkby, Bishop of Carlisle, had presented Simon de
Islip to that benefice, afterwards created Archbishop of Canterbury, and
that the temporalities (patronage, &c.) of the Bishopric of Carlisle
therefore (for that turn) came to the king by the death of John de
Kirkby, bishop. The said bishop, Thomas de Appleby, and John de Rouseby
br