This change was not put into effect, however, without fierce opposition in the district. In 1309 an appeal went up to the king from the Abbot of St. Mary, who styled himself "parson of the church of Kirkeby in Kendale," wherein he stated that when his servants had gone to carry in the tithe corn and hay, they had been assaulted by Walter de Strykeland and others; and moreover that Roger, the vicar and the other chaplains and clerks appointed to celebrate divine service in that church, hindered them in the discharge of the same, trampled down and consumed his corn and hay, and took away the horses from his waggons and impounded them. Whereupon three justices were appointed to adjudicate upon the case.[82]
From this it would be seen that the local clergy were as bitterly opposed to the monastic rule as the gentry and the people. Sir Walter de Strickland with armed servants at his command headed the opposition. His lands at Sizergh lay to the south of the town of Kendal and he refused to the men of the monastery right of way across them for the collection of the tithes of corn, which was always made while the stooks stood upright in the field. After much wrangling, for no abbot was ever known to withdraw a claim, articles of agreement were made out between them, which reiterated the statement that the church of Kirkby Kendal was "canonically possessed in proper use" by the monastery.[83] However, the convent found it easier to let the tithes to the opponent, rather than to wrestle with an obstructionist policy; and in 1334 Sir Walter is found agreeing to furnish to the monastic granary now established at Kirkby Kendal three good measures of oatmeal for the tithe of the sheaves of Sigredhergh, sold to him by the abbot and convent.[84]
But the people were not appeased, and when in 1344 the archbishop made a visitation, opportunity was taken to lay before him, in the name of "the common right," complaints against the monopoly of funds by the convent, as the following document shows:—
Release of the Abbot and Convent of the Monastery of St. Mary, York, concerning their churches, pensions, and portions.
In the name of God, Amen, Since we, William, by divine permission Archbishop of York, ... in our progress of visitation which we have lately performed in and of our diocese ... have found that the religious men the Abbot and Convent of the monastery of St. Mary, against the common right detain the parish churches and chapels, portions, pensions, and parochial tithes underwritten, namely, ... the annual pensions in the parts of Richmond: of the church of Richmond 100s. and 20 lbs of wax, ... of the vicarage of Kirkby Kendall £4, of the churches of Gresmere and Winandermers 5 marks.... We have commanded the said abbot and convent ... to show their rights and titles before us and have caused them to be called, ... and we ... having considered the rights and good faith of the said religious men ... release the said abbot and convent ... as canonical possessors of the said churches, chapels, portions, pensions (&c).... Dated at Cawood, on the 20th day of the month of August in the year of our Lord MCCCXLIIIJ, and in the third year of our pontificate.[85]
Release of the Abbot and Convent of the Monastery of St. Mary, York, concerning their churches, pensions, and portions.
The appeal had been made in vain. Yet opposition could not have ceased, as the case was finally carried to Rome. In 1396 a confirmation of the abbey's possessions (including the chapels of Gresmere and Wynandremere, worth 5 marks each) was made by the Pope, on petition by the abbey, according to letters patent of Thomas Arundel, late archbishop of York, dated November, 1392.[85]