There is a peculiar case, perhaps less known than any--that of the priest

or friar who officiated at the Brunskill conventicle, and made a good

harvest from the "miraculous" cures wrought by the strong iron water at

the Holy Well, Brough. The vicar obtained the Pope's authority, and the

offender was duly excommunicated.

In the Ven. Archdeacon Prescott's recently edited transcript of the

"Register of Wetherhall" may be read the full terms of a somewhat peculiar

Cumberland case of excommunication and penance. Robert Highmore, Lord of

Bewaldeth, had taken a mare, the property of John Overhouse of that place,

as a heriot, before the church of Torpenhow had got the mortuary, and he

was promptly punished in the orthodox way. Having quickly asked

absolution, and restored the mare to Sir Robert Ellargill (for the parsons

were always styled "Sir" in those days), vicar of Torpenhow, and by way of

penance given the six best oaks in his wood, the Bishop absolved him. In

some parts of the country the second best horse was due to the Church,

and, says an old historian, "was carried, by the name of mortuary, or

corse present, before the corpse, and delivered to the priest at the place

of sepulture." But in the diocese of Carlisle the Church was first served,

and the lord only got the second best. Bishop Barrow, who ascended the

episcopal throne at Carlisle in 1423, anathematized all men who took the

heriot before "the Holy Kirke" got the mortuary. The punishment of

excommunicating was far from being reserved for the lower orders. Quite a

long story might be made of the part taken in this way, in the thirteenth

century, by the Bishop of Carlisle, who excommunicated the Bishop of

Dunkeld for refusing to pay the Pope's tenth for the Holy Land.

When it became a matter of cursing wrong-doers, there was generally no

tendency towards mincing words. Christian, Bishop of Glasgow, who became a

professor of the Cistercian order, gave to the Abbey of Holme Cultram the

grange of Kirkwinny. In this grant, quoted in Dugdale's "Monasticon," the

Bishop charged all men to protect and defend the grange, as they valued

the blessing of God and of himself; threatening, if they did otherwise,

that they should incur the papal excommunication, the curses of Almighty

God and of himself, and the pains of eternal fire.

In 1361 several persons being accused of shedding blood in the church and

churchyard of Bridekirk, were decreed to be excommunicated by the greater

excommunication, and the incumbents of all the churches of the deanery of

Allerdale were ordered to publish the sentence against them on every

Sunday and holiday at high mass, when the largest number of people should

be gathered together, the bells ringing, the candles lighted and put out,

and the cross erected. The mother church of Greystoke being much out of

repair, the belfry fallen, and the wooden shingles on the roof mostly

scattered, and the inhabitants of Threlkeld and Watermillock refusing to

contribute their proportion of the charge, the Bishop, at his visitation

in 1382, issued his injunction "to all and every of them," under pain of

the greater excommunication--a proceeding which in those superstitious

times no doubt quickly had the desired effect. Indeed no great provocation

would seem to have been needed to bring the punishment of excommunication.

Complaint having been made of some unknown persons riotously breaking into

the houses and grange at Wet Sleddale, and committing disorders, a former

Bishop issued his mandate to the Dean of Westmorland, and the local

clergy, to denounce the greater excommunication at the time of high mass,

the bells to ring, and the candles to be put out, against the rioters.

One of the vicars of Appleby St. Lawrence, Thomas de Burnley, was cited to

York for neglecting to serve the chantry in Appleby Castle--doubtless the

action was taken at the instigation of the Hereditary High Sheriff. On

Burnley not appearing before the Judge of the Prerogative Court of the

abbot and convent, he was excommunicated. The sentence was ordered to be

read in the parish churches of St. Lawrence and St. Michael, Appleby, and

in other churches and public places in the dioceses of Carlisle and York,

every Sunday and holiday, so long as the abbot and convent required, or

until he should comply and make satisfaction to the judge and parties.

Burnley was not the only holder of his office who objected to the castle

service, as Sir Walter Colwyn, who was appointed vicar of the parish forty

years previously, was also sentenced (doubtless to be excommunicated) for

"having endeavoured to throw the charges of serving the chantry in the

castle upon the prior and convent of Wetheral."

About the middle of the fourteenth century, Bishop Welton sent out his

mandate to the rector of Brougham and another cleric to denounce the

sentence of greater excommunication against certain unknown persons who

had broken up a paved way and done some other outrages in the churchyard

of Penrith, reserving to himself the sole power of absolution. Thereupon

several of the inhabitants made a pilgrimage across country to Rose,

confessed themselves guilty, and prayed for a remission of the heavy

sentence. That was granted on condition of each man offering, by way of

penance, a wax candle of three pounds weight, before the image of St.

Mary in the parish church of Penrith on the following Sunday. In the same

year the vicar of Penrith had a licence granted to him, to continue from

March 8th to the Easter following, to hear the confessions of all his

parishioners, and to give absolution upon the performance of penance

injoined. Some exceptionally bad cases were, however, specially reserved

by the Bishop. Persons who suffered from the ecclesiastical ban were

deprived of the right of burial in the churchyard. Two cases of the kind

are recorded in the Penrith registers for 1623. "August 29th, Lanc. Wood,

being excommunicate, buried on the Fell. September 5th, Richd. Gibbon,

being excommunicate, buried on the Fell."

The most noteworthy instance of a man of any eminence in the Church being

visited with excommunication during the last two centuries is probably

that of Dr. Todd, who was vicar of Penrith in the first quarter of the

eighteenth century. He and Bishop Nicolson had a long and bitter quarrel

as to the rights of the prelate in local Church affairs. The diocesan at

length suspended the vicar _ab officio et beneficio_, and then

excommunicated him. The story throughout is not of a particularly

edifying character; Dr. Todd took his punishment very lightly, and

afterwards he and the Bishop seem to have been very good friends again.

Still later there are to be found records in various parish registers of

ecclesiastical pressure being brought to bear on parishioners. Without any

reason being shown in the register, Jane Curry was declared excommunicate,

December 10th, 1732, by Hugh Brown, curate of Hayton. At

Kirkandrews-on-Esk the churchwardens' book shows a list of presentments

for not bringing children to be baptised; for clandestine marriages,

fornication, and contumacy. The parties were either excommunicated, or did

penance, in the church on Sunday. One man did his penance in 1711 after

having for fornication been excommunicated for thirty years; another man

was excommunicated for refusing to be churchwarden. In 1785 two couples

were publicly rebuked in church for clandestine marriage, and Sir James

Graham, on the application of the curate, Mr. Nichol, ordered all his

tenants to pay their fees properly. Clandestine marriages of course

deprived the rector or the curate of the fees, hence the landlord's

reproof and caution.

The power of excommunication, which during the time of Charles the First

had been chiefly exercised against the Romanists, was at the commencement

of the reign of James the Second turned against the Protestant

Nonconformists, with, in some districts, results sometimes curious but

almost always sad. The names of forty-four persons were set out in the

Greystoke register on March 29th, 1685, with this announcement following

them: "Were these persons whose names and sirnames are here under written

denounced excommunicate for their offences, and other their contumacy in

not appearing at Consistorye Court for the reformation of their lives and

manners." Some of the offenders seem to have had only indifferent moral

characters, but the majority were Quakers. Quakerism had been spreading

for many years in the two counties, and during the time Dr. Gilpin was

rector of Greystoke, the Nonconformists, while holding him personally in

the deepest respect, gave him some hard puzzles to solve. "Such were their

novel phrases and cross questions and answers that the doctor seemed

sometimes at a loss what to say to them." Among those who went over to the

Quakers was a noted yeoman in his day--Henry Winder, of Green Close, who

was appointed by the "Friends" to be the Receiver of all their collections

in Cumberland. He, however, afterwards returned to the Presbyterians, and

wrote some noteworthy pamphlets on religious topics. His many quarrels did

not help to wear out his frame, for we read: "Feb. 9th, 1716/7 if was

buried Henry Winder, sen., of Hutton Soyle; who dyed of a dropsy in the

hundredth and first year of his age."

The registers of Bampton contain many curious entries, especially about

people who did not go regularly to church. One, which may be taken as an

example of other reports by the churchwardens, reads:--"We have no

presentments to make but what has been formerly presented, viz., we have

Thomas Braidley and Margret his wife, Richard Simpson, John Hottblacke,

and Syth Gibson, quakers, and noe other we have in our parish, but doe

duely resort to church, nor any other offence presentable to our

knowledge." In other cases it was further noted that "the parties stand

excommunicated." The churchwardens were evidently strict about enforcing

order, and on one occasion reported "William Stephenson for violent

beating of John Wilkinson of Shap upon the sabbath and within the

churchyard." In other ways the churchwardens exercised care; and a woman

got into trouble with them for acting as a midwife "without licence to the

prejudice of several persons." Again, "Lancelot Hogarth is presented to us

by information of Richard Brown for loading corn on the sabbath in time of

divine service." Sometimes the parish clerk had a share in the work; one

of these presented. "James Hayes of Banton, for reading two sale notices,

without leave on the Sabbath day, one in the church, the other in ye

churchyard."

Possibly even Dissenters were not thought to be entirely bad, so long as

they paid their tithes, and in presenting William Simpson once more the

Bampton churchwardens vouched that albeit he was a Quaker he was "a very

moderate one; tho' he absent the church yett he payes his tythes." The

Church authorities seem to have carried out their unpleasant duties with a

due amount of consideration; there is a tone of sympathy about some of the

entries; in others indifference may be noted, as where Richard Simpson and

Margaret Braidley (the latter "very old, not able to go abroad, scarcely

help herself,") are presented along with William Wilson, younger, a

Dissenter--what sort we know not, but he never comes to church. Although

the Howards of Naworth at one time owned the manor of Thornthwaite, and

lived at the Hall, the only entry in which the name is found is the

following: "We have none to present but who have been formerly presented

and doe stand excommunicated, viz., Mr. William Howard and Jane his wife,

papists, Richard Simpson and Margret Braidley, widow, quakers, all that we

have."

Although the sentence of excommunication was frequently used by the

Nonconformist bodies, in this case the proclamation had no such serious

results as followed the sentence in earlier days. Among the records of the

Penrith Presbyterian Church are many allusions to excommunication; one

instance will suffice to illustrate the rest. In 1818, Robert McCreery, a

member of the church, had left the town in company with a woman who was

not his wife, but returning three months afterwards, he petitioned to be

re-admitted to the Presbyterian Society. Before the formalities could be

concluded McCreery seems to have changed his mind and withdrawn his

application, and he was therefore declared from the pulpit to be

excommunicate.

At Ravenstonedale, in the days of Philip Lord Wharton, there was a ready

method of dealing with slanderers and other transgressors. The "town" was

governed by twenty-four of the principal inhabitants, called the grand

jury, and the oath which they were required to take included a promise

that--

"Every person or persons within this lordship which shall be convicted

before the grand jury for the time being and by them be found to have

offended against any person or persons within this lordship, either by

slanderous words or other unlawful speech or report, that the same

offender or offenders shall, upon such a Sabbath Day, before the

celebration of the general Communion then next following the

conviction, and in such manner before the people assembled in the

church ... appoint the said offender or offenders in penitent manner

to confess their fault, and to ask the party aggrieved forgiveness for

the same, upon pain of every such offender or offenders to forfeit to

the lord of this manor, so often as they shall contemptuously or

obstinately deny or defer to make their reconcilements, 3s. 4d.: and

the men in charge of the church not to fail in execution hereof upon

pain to forfeit to the lord 12d."

Though paying 3s. 4d. seems a small punishment, it was a large sum towards

the end of the reign of Queen Bess, and would be equal to fully L3 now,

while three years after the rule was instituted the fine was doubled. Mr.

Nicholls, in a series of lectures which he delivered in the village some

twenty-four years ago, remarked:--

"Such a law as this one would expect to be a very wholesome check

against slander. There is a tradition that the culprit was compelled

to stand up, wrapt in a white sheet, and confess his fault; but,

whether this were so or no, the confession must have been a terrible

ordeal, and I can understand that the fine was often paid. It would

seem that notwithstanding the fine or penalty, the vice was a

prevalent one, as its mention is followed by a homily against the sin

of slander, in which many passages of Scripture are cleverly and

skilfully incorporated."

The long-since dismantled Abbey of Lanercost had its origin in a tragedy.

Gils Beuth laid claim to a part of Gilsland, and Robert de Vallibus, lord

of Gilsland, slew him at a meeting for agreement appointed between them

under trust and assurance of safety. In consequence of that action

Vallibus laid down arms and began to study law with such good effect that

in time he became a judge. The murder still preyed on his mind until he

made satisfaction to Mother Church by building Lanercost Abbey, and

endowing it with the very lands which had brought about the murder.

Dr. Burn in one instance shows that not only were people allowed "the

option," in some cases, but that the money was put to good use. A silver

communion chalice belonging to Beetham Parish Church "was purchased by the

late Commissary Stratford with money paid in commutation of penance for

adultery and fornication;" its inscription being "OB POEN. MULCT.

DEDICAT. HUIC. ECCLESIAE, 1716." Slanderers had occasionally to pay not

only a monetary penalty for the free use of their tongues, but to satisfy

the ecclesiastical authorities as well. Chancellor Paley had such a case

before him in November, 1789, where a man had "uttered words of a shameful

nature and unbecoming a Christian, in prejudice to the complainant and his

daughter." The Chancellor "decreed the defendant to do public penance in

the parish church, and to be condemned in all costs." The _Pacquet_ which

thus records the decision, is silent as to the method in which the

punishment was carried out. Penance in connection with illegitimacy was

not uncommon; therefore the following entry which occurs in the Kirby

Thore register, dated June 27th, 1779, after the baptism of an

illegitimate child, must be taken only as an example: "William Bowness, of

Bolton B[achelor]: Frances Spooner, widow, of this Parish, the parents,

underwent a public penance in this church."

The Millom records under date March 27th, 1595, say that Jenet Benson was

"to be sorye for her sins by order of Mr. Commissorye at Botle;" and in

1608 "Barnard Benson did his penance in the parishe chirche of Millom the

19th of March and payed to the poor of the chirche x{s.} which was openly

delivered in the pulpit, vi{s.} viii{d.} at Millom and iii{s.} iv{d.} at

Ulfall." The Bensons would seem to have been a troublesome lot, for

another entry is that "Myles Benson p{d} xii{d.} for sleepinge and not

goinge orderly to church." The wardens at that time could fine any

parishioners a shilling for neglecting to attend church. Insults to the

clergy were visited with such punishments as could be imposed, and the

doing of penance was perhaps the most suitable consequence of such an

action. This paragraph appears in the Greystoke register:--"1608/9

February 12th. This daye two Sermons by Mr. P'son one afforenone, and the

other afternone, and Edward Dawson taylyor did openlye conffess before the

Congregation that he had abused the mynister Sr. Matthew Gibson upon the

Sabboth daye at Evenynge prayer." Sacrilege has always been very properly

looked upon as one of the worst crimes, but instances must be

comparatively rare of an estate being forfeited through such an act.

Barwise Hall, near Appleby, descended from the family of Berewyse to that

of Ross, and the last of these is said to have forfeited his domain for

stealing a silver chalice out of the church.

Before the privilege was abolished by Parliament in the reign of James the

First, there were several places in the two counties at which sanctuary

could be obtained. One was at Ravenstonedale. The Rev. W. Nicholls, Dr.

Simpson, Mr. A. Fothergill, the Rev. R. W. Metcalfe, and others have

brought the history of that parish to an unusually complete stage, and the

first-named gentleman has told the story.[11] The tower, according to

tradition--the structure was demolished about a century and a half

ago--stood apart from the church, on the road side, and rested on pillars,

leaving openings at equal distances on each side, while from the centre

hung the rope of the refuge bell. Any person who had committed any offence

worthy of death--once a very easy matter, there being many such crimes

besides murder--after ringing the bell could not be seized by the Sheriff

or any other King's officer, but must be tried by the lord's Court at

Ravenstonedale, which doubtless at first consisted of the monks. Mr.

Fothergill recorded that in his time if a murderer fled to the church and

tolled the holy bell, he was free, and that if a stranger came within the

precincts of the manor he was safe from the pursuer. He added:--"Of our

own knowledge, and within our own memory, no felon, though a murderer, was

to be carried out of the parish for trial, and one Holme, a murderer,

lived and died in Ravenstonedale; his posterity continued there for two

generations, when the family became extinct." Some doubt has been thrown

on the local tradition that the privilege of sanctuary was possessed by

the Nunnery, on the banks of the Eden, in Ainstable parish. There is still

an upright pillar, having on one side of it a cross, round which is

inscribed "Sanctuarium, 1088." There is also near to Greystoke Church what

is called a sanctuary stone.

In the Museum at Kendal is preserved a good specimen of the scolds'

bridle, which may have come down from the days, three centuries ago, when

the Corporation set about reforming the conduct of the inhabitants. The

contents of the "Boke of Recorde" are very interesting in this connection.

Gambling in its varied forms was put down rigorously. It was ordered that

any inhabitant allowing any play at cards, dice tables, bowls, or any

other unlawful game should be fined for the first offence 6s. 8d., and

for the second offence 13s. 4d., while the players escaped with half those

penalties. These and other fines which were provided for were "over and

beside such other punishment as shall be thought mete and requisite

according to the quality of the offence."

Among the punishments provided for may be noted the following as a

specimen, there being several of the kind. Henry Wilson, a burgess and

Justice of the Peace for the borough, having been living incontinently

with Jennet Eskrigge, a married woman, "as is notoriouslye knowen to the

sclannder and offence of the magistrats off the sayd boroughe, and evil

example of the residewe off the inhabitannts heare, wherbye he is thoughte

nott mete to contynewe in the sayd roweme and offyce," it was ordered that

he should be expelled from his offices. As to the woman, it was decreed

that she should be carted through the town, "to the terror and fear of

other persons of evil disposition for the committing of the like offence

in time to come," and she was not to be permitted to remain within the

borough unless she was reconciled to and dwelt with her husband. The

punishment did not act as a warning to the woman, and further orders are

to be found in the minute-book showing how she was made liable to heavy

fines and forbidden to enter the town "otherwise than as a stranger coming

to the church or market only," while the inhabitants who gave her shelter

were liable to fines of ten shillings each.

There is a very long and verbose order passed by the Corporation in

December, 1589:--"For punishinge of a mayd servant for speakinge

slanderouse speeches of her master." They found that "Mabel Atkinson, late

servant unto Mr. Henry Dickson, and Sybell Dyckson, his wife, inhabitants

of this borough, forgetting her duty to Almighty God and the fear and awe

she ought to have had to the threatening menaces and punishments

pronounced out of His Holy Word and Commandments against such persons as

shall openly or privily unjustly slander, hurt, or impair their neighbours

in body, goods, name or report, and also that servile regard and honest,

and true favour and love she ought to have borne towards her said master

and mistress in all manner of behaviours and reports by the instigation of

our mortal enemy the Devil, the author of all falsehood and lying, hath of

late, even within this borough of Kirkbiekendall, most maliciously,

falsely, and untruly imposed, devised, framed, and brought a very

horrible, unjust, and feigned slander and misreport of and against her

master and mistress."

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