CHAPTER I.

THE ECCLESIASTICAL GOVERNMENT OF THE PARISH.

The ecclesiastical administration of the English parish from the

period of the Reformation down to the outbreak of the great Civil War

is a subject which has been much neglected by historians of local

institutions. Yet during the reign of Elizabeth, at least, the church

courts took as large a share in parish government as did the justices

of the peace. Not only were there many obligations enforced by the

ordinaries which today would be purely civil in character, but to

contemporaries the maintenance of the church fabric and furniture

appeared every whit as important as the repairing of roads and

bridges; while the obligation to attend church and receive communion

was on a par with that to attend musters, but with this difference,

that the former requirement affected all alike, while the latter

applied to comparatively few of the parishioners.

In the theory of the times, indeed, every member of the commonwealth

was also a member of the Church of England, and conversely. Allegiance

to both was, according to the simile of the Elizabethan divine, in its

nature as indistinguishable as are the sides of a triangle, of which

any line indifferently may form a side or a base according to the

angle of approach of the observer[1]. The Queen was head of the

commonwealth ecclesiastical as well as of the commonwealth civil, and

as well apprized of her spiritual as of her temporal judges[2]. For

both sets of judges equally Parliament legislated, or sanctioned

legislation. Sometimes, in fact, it became a mere matter of expediency

whether a court Christian or a common law tribunal should be charged

with the enforcement of legislation on parochial matters. Thus the

provisions of the Rubric of the Book of Common Prayer were enforced by

the justices as well as by the ordinaries. Again, secular and

ecclesiastical judges had concurrent jurisdiction over church

attendance, and--at any rate between 1572 and 1597[3]--over the care

of the parish poor. Finally, it must not be supposed that the men who

actually sat as judges in the archdeacon's or the bishop's court were

necessarily in orders. In point of fact a large proportion, perhaps a

large majority of them, were laymen, since the act of Henry VIII in

1545 permitted married civilians to exercise ecclesiastical

jurisdiction.[4]

In the treatment of our subject the plan we shall follow is, first, to

make some preliminary observations as to the times, places and modes

of holding the church courts; second, with the aid of illustrations

drawn from the act-books of these courts, to show how their judicial

administration was exercised over the parish, either through the

medium of the parish officers or directly upon the parishioners

themselves; third, to analyze the means at the command of the

ecclesiastical judges to enforce their decrees; and, finally, to point

out that from its very nature the exercise of spiritual jurisdiction

was liable to abuses, and must at all times have proved unpopular.

Speaking generally (for the jurisdictions called "peculiars" formed

exceptions), England was divided for the purposes of local

ecclesiastical administration and discipline into archdeaconries, each

comprising a varying number of parishes. Twice a year as a rule the

archdeacon, or his official in his place, held a visitation or kept a

general court (the two terms being synonymous) in the church of some

market town--not always the same--of the archdeaconry. The usual times

for these visitations were Easter and Michaelmas. The bishops also

commonly held visitations in person, or by vicars-general or

chancellors, once every third year throughout their dioceses. Yet at

the semiannual visitations of the archdeacon as well as at the

triennial visitations of the bishop, the mode of procedure, the class

of offences, the parish officers summoned, the discipline

exercised--all were the same, the bishop's court being simply

substituted for the time being for that of the archdeacon.

There were other visitations: those of the Queen's High Commissioners,

and those of the Metropolitan. There were a very great number of other

courts, but for the purposes of the every-day ecclesiastical

governance of the parish the two classes of courts or visitations

above mentioned are all that need concern us. It is, however,

important to state, that while churchwardens and sidemen were

_compelled_ to attend the two general courts of the archdeacon (and of

course the bishop's court) and to write out on each occasion formal

lists of offenders and offences ("presentments" or "detections") these

parish officers might also at any time make _voluntary_ presentments

to the archdeacons. Those functionaries, in fact, seem to have held

sittings for the transaction of current business, or of matters which

could not be terminated at the visitation, every month, or even every

three weeks. Others may have sat (as we should say of a common-law

judge) in chambers.[5] Before each general visitation an apparitor or

summoner of the court went about and gave warning to the churchwardens

of some half-dozen parishes, more or less, to be in attendance with

other parish officers on a day fixed in some church centrally located

in respect of the parishes selected for that day's visitation.

The church of each parish was, indeed, not only its place for worship,

but also the seat and centre for the transaction of all business

concerning the parish. In it, according to law, the minister had to

read aloud from time to time articles of inquiry founded on the

Queen's or the diocesan's injunctions, and to admonish wardens and

sidemen to present offences under these articles at the next

visitation.[6] In it also he gave monition for the annual choice of

collectors for the poor;[7] warning for the yearly perambulation of

the parish bounds;[8] and public announcement of the six certain days

on which each year every parishioner had to attend in person or send

wain and men for the repair of highways.[9] In the parish church also

proclamation had to be made of estrays before the beasts could be

legally seized and impounded.[10] Here, too, school-masters often

taught their pupils[11]--unless, indeed, the parish possessed a

separate school-house. Here, in the vestry, the parish armor was

frequently kept, and sometimes the parish powder barrels were

deposited;[12] here too, occasionally, country parsons stored their

wool or grain.[13]

Finally, in the parish church assembled vestries for the holding of

accounts, the making of rates and the election of officers. Overseers

of the poor held their monthly meetings here. Occasionally the

neighboring justices of the peace met here to take the overseers'

accounts or to transact other business;[14] and in the church also

might be held coroners' inquests over dead bodies.[15] Last, but not

least in importance, in the churches of the market towns the

archdeacon made his visitations and held his court; and on these

occasions the sacred edifice rang with the unseemly squabbles of the

proctors, the accusations of the wardens and sidemen or of the

apparitor, and the recriminations of the accused--in short, the church

was turned for the time being into a moral police court, where all the

parish scandal was carefully gone over and ventilated.[16]

The ecclesiastical courts carried on their judicial administration of

the parish largely, of course, through the medium of the officers of

the parish. These were the churchwardens, the sidemen and the

incumbent, whether rector, vicar or curate.[17]

First in importance were the churchwardens. Though legislation

throughout the time of Elizabeth was ever adding to their functions

duties purely civil in their nature, and though they themselves were

more and more subjected to the control of the justices of the peace,

nevertheless it is true to say that to the end of the reign the office

of churchwarden is one mainly appertaining to the jurisdiction and

supervision of the courts Christian.

The doctrine of the courts that churchwardens were merely civil

officers belongs to a later period.[18]

After a churchwarden had been chosen or elected, he took the oath of

office before the archdeacon. In this he swore to observe the Queen's

and the bishop's injunctions, and to cause others to observe them; to

present violators of the same to the sworn men (or sidemen), or to the

ordinary's chancellor or official, or to the Queen's high

commissioners; finally, he swore to yield up a faithful accounting to

the parish of all sums that had passed through his hands during his

term of office.[19]

Before each visitation day, as has been said, the archdeacon's or the

bishop's summoner went to each parish and gave warning that a court

would be held in such and such a church on such and such a day.

Pending that day wardens and sidemen drew up their bills of

presentment. These bills were definite answers to a series of articles

of inquiry founded on the diocesan's injunctions, themselves based on

the Queen's Injunctions of 1559 and on the Canons.[20] Failure to

present offences was promptly punished by the judge.[21] Failure to

attend court when duly warned was no less promptly followed by

excommunication, and then it was an expensive matter for the wardens

to get out of the official's book again.[22] But of fees and fines

more hereafter.

Among the churchwardens' principal obligations, as laid down in the

injunctions and articles they were sworn to observe, was the keeping

in repair of the church fabric and its appurtenances, as well as the

procuring and the maintaining in good condition of the church

"furniture," a term which in the language of the time included all the

necessaries for worship and the celebration of the sacraments: church

linen, surplices, the communion cup, the elements themselves, bibles,

prayer books, the writings of authorized commentators on the

Scriptures, or the works of apologists for the Anglican Church; tables

of consanguinity and other official documents enjoined to be kept in

every parish by the diocesan.[23]

The visitation act-books of the period abundantly show the processes

employed by the ecclesiastical authorities in enforcing these and

other duties (which will be detailed in their turn), and prove that

the courts Christian were emphatically administrative as well as

judicial bodies. To show these courts at work it will be necessary to

give a number of illustrative examples taken from the visitation

entries. Thus the wardens of Childwall, having been presented at the

visitation of the bishop of Chester, 9th October, 1592, because their

church "wanteth reparac[i]on," are excommunicated for not appearing.

On a subsequent day John Whittle, who represents the wardens, informs

the court that the repairs have been executed. Thereupon the wardens

are absolved and the registrar erases the word "excommunicated" from

the act-book.[24] At the same visitation the wardens of Aughton are

presented because "there bible is not sufficient, they want the first

tome of the homilies, Mr. Juells Replie and Apologie[25] [etc.]...."

The two wardens are enjoined by the judge to buy a sufficient bible

and to certify to him that they have done so.

But--so careful is the supervision over parish affairs--mere

certification by vicar or wardens that a certain article has been

procured in obedience to a court order will not always suffice. If the

thing can be produced in court the judge often orders it to be brought

before him for personal inspection. Accordingly, when at the

visitation of the chancellor of the bishop of Durham, the 13th March,

1578/1579, the wardens of Coniscliffe are found to "lacke 2 Salter

bookes [and] one booke of the Homelies," they are admonished to

certify "that they have the books detected 4th April and to bringe

their boks hither."[26] Thus, too, the wardens of St. Michael's,

Bishop Stortford, record in 1585 that they have paid 8d. "when we

brought in to the court the byble and comunion booke to shewe before

the comysary."[27] There is a curious entry in the same accounts some

years earlier, viz.: "pd for showing [shoeing] of an horse when mr

Jardfield went to london to se wether it was our byble that was lost

or no and for his charges...."[28]

At the visitation held at Romford Chapel, Essex Archdeaconry, 5th

September, 1578, the wardens of Dengie "broughte in theire surplice,

which surplice is torne & verie indecent & uncomly, as appereth;

whereupon the judge, for that theie neglected their othes, [ordered

them to confess their fault and prepare] a newe surplice of holland

cloth of v s. thele [the ell], conteyninge viii elles, _citra festum

animarum prox_." Remembering that money was then worth ten to twelve

times what it is today, this was probably considered too great a

burden by the parishioners of Dengie. A petition must have been

presented to be allowed to procure a cheaper surplice, for on the 6th

October following the wardens were permitted to prepare a surplice

containing six ells only at the reduced price of 2s. 8d. per ell.[29]

It seems to have been the practice in the Dean of York's Peculiar for

the judge to threaten the churchwardens occasionally with a fine for

failure to repair their church or supply missing requisites for

service by a fixed day. Thus at Dean Matthew Hutton's visitation,

July, 1568, the churchyards of Hayton and of Belby were found to be

insufficiently fenced. The order of the court was: "_Habent ad

reparanda premissa citra festum sancti Michaelis proximum sub pena XX

s_."[30]

So, too, the Thornton wardens at the same visitation are warned to

repair the body of their church "betwixt this and Michlmes next upon

paine of X s."[31] But as spiritual tribunals had no legal power to

fine[32] or to imprison, apparently the usual penalty prescribed by

the judges in case of disobedience to, or neglect of, their orders to

repair or replace by a certain day, was, in the words of Bishop Barnes

addressed to the churchwardens in Durham diocese, the "paynes of

interdiction and suspencion [_i.e._, temporary excommunication] to be

pronounced against themselves."[33] Yet here, too, the wardens did not

escape indirect amercement, for absolution from interdiction or

excommunication often meant a payment of various court fees, which in

many cases were by no means light. These fines the wardens put to

their credit in the expense items of their accounts if they could

possibly do so, and it is probable that the parish always paid them

except in cases of very gross individual delinquency in office. Thus

the wardens of St. Martin's, Leicester, record: "Payd to Mr.

Comyssarye whe[n] we was suspendyd for Lackynge a Byble & to hys

offycers xxiij d."[34] The wardens of Melton Mowbray register: "Ffor

our chargs & marsements at Lecest[e]r ... for yt ye Rood loft whas not

takyn down & deafasyed iiij s. iiij d."[35]

In the same accounts we find some years later: "Payde to ... at the

vicitacion houlden at Melton for dismissinge us oute of there bookes

for not reparinge the churche iij s. ij d."[36] So, also, we read in

the St. Ethelburga-within-Bishopsgate Accounts: "Paid in D[octor]

Stanhope's courte beinge p[re]sented by p[ar]son Bull aboute the

glasse windowes xvj d." And nine years later: "Paid for Mr Gannett and

myselfe ['Humfery Jeames'] for absolution iiij s. viij d." Also: "Paid

for our discharge at the courte for [from] our excomm[uni]cacon xvj

d."[37]

The act-books abundantly show that ecclesiastical courts were very far

from being limited to mere moral suasion or to spiritual censures.

They could never have accomplished their work so thoroughly if they

had been. This point will be brought out much more clearly, it is

hoped, when we come to consider excommunication as a weapon of

coercion.[38] The courts fined parishioners individually[39] and they

fined them collectively. What matters it that these fines were called

court fees, absolution fees, commutation of penance, or by any other

name? What signifies it that the proceeds could be applied only _in

pios usus_? The mulcting was none the less real. On the score of

bringing stubborn or careless wardens to terms through their purses,

the following extract from a letter written in 1572 to the official of

the archdeacon of the bishop of London is in point. The letter informs

the judge that Jasper Anderkyn, a churchwarden, "hathe done nothing of

that which he was apoinnted by your worshipp at Mydsomer to do, for

the churche yarde lyeth to commons and all other thynkes in the

churche is ondonne.... I praye you dele w[i]t[h] hym so yt he maye be

a presydent for them that shall have the offyce; for they wyll but

jess att itt, and saye it is butt a mony matter: therefore lett them

paye well for the penaltie whiche was sett on theire heads."

Continuing, the writer states that his reason for writing is "that you

be not abewseid in youre office by there muche intreatyng for

themselffes, for Jesper Anderkyn stands excommunicated."[40]

Sometimes for failure to perform the ordinary's[41] injunctions a

whole parish was excommunicated or a church interdicted.[42] Thus in

the Abbey Parish Church[43] Accounts we read under the year 1592 how

troublesome and how costly it was "when the church was interdicted" to

ride to Lichfield and there tarry several days seeking absolution. For

this 20 shillings was paid, a very large sum for the time, not to

mention a fee to the summoner, travelling expenses and the writing of

letters on the parish's behalf.[44] The wardens of Stratton, Cornwall,

had a similar experience "when the churche wardyns & the hole

p[ar]ysch was exco[mu]nycatt" in 1565. Among the expense items

relating to that occasion is a significant one: "ffor wyne & goodchere

ffor the buschuppe ys s[er]vantt[s] ij s. viij d."[45]

So close is the supervision of the ordinary over the churchwardens, so

effective the discipline of the church courts, that we seem to hear

occasionally a sort of dialogue going on between judges and wardens,

the former directing certain things to be executed, the latter

replying and reporting from time to time that progress is being made

on the work to be performed, or that the missing objects will be soon

supplied. Accordingly, at the archdeacon of Canterbury's visitation in

1595, we find the wardens of St. John in Thanet (Margate) reporting:

"The chancel[46] is out of repairs, for the repairing whereof some

things are provided."[47] Two years later they state to the court:

"For repairing of the churchyard we desire a day."[48] At the same

visitation the wardens of St. Lawrence in Thanet (Ramsgate) present:

"Our Church is repaired, saving that some glass by reason of the last

wind be broken, the which are [sic] shortly to be amended."[49]

As a final illustration on this score may be adduced the report of the

conscientious wardens of Kilham, Yorkshire, who certify to the judge

of that peculiar, August, 1602, "that there churche walles ar in suche

repaire as heretofore they have beyne. But not in suche sufficient

repaire as is required by the Article[50] for that effect ministred

vnto us."[51]

But the upkeep of the church and its requisites[52] was only one of

the churchwardens' many tasks. They had to look to it that the people

attended church regularly; that the victuallers and ale-houses

received no one while service was being held or a sermon was preached;

that each person was seated in his or her proper place, that each

conducted himself with decorum and remained throughout the service.

Accordingly the act-books tell their interesting story of ministers on

beginning service sending wardens and sidemen abroad to command men to

come to church. The churchwardens and their allies have all sorts of

experiences: they break in upon "exercises" or conventicles;[53] they

peep in at victuallers' houses or at inns where irate hosts slam doors

in their faces and give them bad words on being caught offending;[54]

they come across merrymakers dancing the morris-dance on the village

green during Sunday afternoon service,[55] or they surprise men at a

quiet game of cards at a neighbor's house during evening prayer.[56]

When admonished by the wardens to enter church, some merely gave

contemptuous replies, such as "what prates thou?";[57] others, when

the wardens approached, took to their heels and ran away.[58] Once

inside the church the wardens' task was by no means ended. They had

the care of placing each one in his or her seat according to

degree;[59] according to sex;[60] and, in case of women, according as

they were old or young, married or unmarried.[61] Finally, as has been

said, the wardens were expected to keep watch lest some one slip out

before the service was over or the sermon ended.[62]

But while they have one eye on the congregation lest they offend,

wardens and sidemen must keep another on the minister while service

proceeds or the sacraments are administered, in order that the rites

be duly observed and the Rubric followed. The curate of Theydon Gernon

(Essex) is presented by wardens and sidemen "_quia non fecit suam

diligentiam in dicendo preces_, viz. the communion and Litany";[63]

while the rector of East Hanningfield in the same archdeaconry is not

only complained of to the ordinary for not maintaining the book of

articles, and not using the cross in baptism, but he is also indicted

on the same occasion for not praying for the Queen "accordinge to hir

injunctions, viz. he leaveth out of hir stile the kingdome of

Fraunce."[64] The court's order was that the rector should acknowledge

his error on the following Sunday "_coram gardianis_." The wardens of

Wilton, Yorkshire, report to the commissary of the Dean of York that

their curate recites divine service "very orderlie," but not at a fit

time, for he holds service at eight in the morning and two in the

afternoon.[65] Finally, the rector of Pitsea is complained against to

the archdeacon of Essex for "that he is unsufficient to serve the cure

ine that theie are not edified by him...."[66]

If the parson neglected his duties it was incumbent upon the wardens

to exhort him to perform them.[67] When at the visitation of the

bishop of Chester in 1592 it was found that there was no surplice at

Bolton Church, Manchester Deanery, not only did the judge admonish one

of the Bolton wardens to buy the surplice, but he was instructed "to

offer hit to thee Vicar at the time of ministering the sacraments, and

to certify of his wearing or refusing of hit before the Feast of the

Nativity of our Lord next."[68]

By virtue of searching articles of inquiry administered to them,[69]

such as, Is your vicar a double-beneficed man, and, if so, is he

lawfully dispensated? Does he keep hospitality?

If non-resident does he give the fortieth part to the poor? Does your

minister wear a surplice at the appointed times, yea or no? Does he

use the cross in baptism and the ring in marriage?[70] Does your

schoolmaster teach without licence of his ordinary under seal, or no?

Do you know any person excommunicate in your parish who repairs to

church? Do you know anyone ordered by law to do penance, or

excommunicate for not doing the same, who still continues

unreformed?--by virtue of this strict questioning by the ordinary put

to them in written articles before each visitation, church wardens,

and their coadjutors, the sworn men or sidemen, were compelled to

exercise a continual supervision over their minister's conduct as well

as over that of the parishioners generally. This fact, coupled with

the circumstance that they were themselves liable to be reported to

the court and punished if they failed to indict, accounts for the

cautious presentments made by these Elizabethan wardens.

Those of Great Witchingham, Norfolk, for instance, inform the

chancellor that their parson "holdeth two benefices, but whether

lawfully dispensated they know not," and they add that a schoolmaster

in their parish "teacheth publicly, but whether licenced or not they

know not."[71] The wardens of Ellerburn, Yorkshire, present Jane Gryme

for fornication, and add "but whether the curate did churche hir or no

they cannot say."[72] And the following year they bring to the court's

knowledge "that their vicar ... is not resident upon his vicaredg, but

what he bestoweth upon the poore they know not."[73] Lastly, the very

prudent wardens of Pickering in the same peculiar bring in their

presentment in this fashion: "_Qui dicunt et presentant_ there vicar

for that he for the moste parte, but not alwaies dothe weare a

surplesse in tyme of dyvyne service. They present there vicar for that

they ar vncerteyne whether his wif[e] was commended vnto him by

justices of peace, nor whether he was licenced to marrye hir according

to hir Maiestie's iniuncions."[74] The almost unseemly interest here

displayed by the wardens in their vicar's matrimonial relations is

explained by the provisions of article xxix of the Queen's Injunctions

of 1559, which ordain that no priest or deacon shall wed any woman

without the bishop's licence and the advice and allowance of two

neighboring justices of the peace first obtained.

Other parish obligations enforced by the courts Christian through the

churchwardens were the keeping of annual perambulations (or, as we

should say today, beating the bounds of the parish) by parson, wardens

and certain of the substantial men of the parish, in the second week

before Whit-Sunday ("Rogation Week");[75] the exhibiting to the

official of the parish register, or the putting in of copies of it

once a year at Easter;[76] the choosing in conjunction with the parson

of collectors for the poor up to 1597, in most parishes at any

rate;[77] the levying of the 12d. fine on all those who absented

themselves from service;[78] the putting down of all "superstitious"

rites in the parish, such as the carrying of banners in perambulation

week or the wearing of surplices on such occasions;[79] the ringing of

the church bells on Hallowe'en, or on the eve of All Souls; excessive

tolling of bells at funerals,[80] etc.

From the point of view of their fellow-parishioners, no doubt, the

most important function of the wardens was that of administering the

parish finances. This subject will be considered at length in the

chapter which follows, but the fact that the spiritual courts enforced

the levying of rates for church repair, etc., through the wardens, as

well as an accounting to the parish of all monies received or

disbursed, concerns us here. When the Ealing wardens were "detected"

to the chancellor of the bishop of London because they had no

pulpit-cloth, no poor-box, nor the Paraphrases of Erasmus, they

appeared and declared in court that they had not provided these things

"nor can do it, for that there is no churche stock wherewith to do

it." Hereupon they were admonished that the judge's pleasure was that

they should procure Mr. Fleetwood and Mr. Knight (evidently two

prominent parishioners) to make an assessment on the parish in order

to purchase these articles, and further that they (the wardens) should

certify to the court at a later day fixed that the rate had been laid

and the missing requisites bought, unless, indeed, some refused to

pay, in which case their names should be handed into court.[81] So,

again, when rector and wardens of Sutton were presented in the same

court for letting their church go to ruin, they protested that the

reason was that £40 "will skant repayre it, and that so mutch cannot

be levied of all the land in the p[ar]ishe." But this excuse was not

for a moment admitted, and they were warned to appear in the next

consistory court to take out a warrant for the assessment of the

lands.[82]

Though the wardens did not themselves in practice always make the rate

directed by the archdeacon, yet they were held responsible for its

making. So true was this that if, after a duly called parish meeting

for the purpose of laying the rate in obedience to the archdeacon's

orders, no parishioners appear, then, in the words of the archdeacon's

official to the wardens of Ramsden Bellhouse (Essex): "if the

inhabitants of the said p[ar]ish will not join with the said church

wardens &c., that then the said churchwardens shall themselves make a

rate for the leveinge of the said charges [etc.] ..."[83]

Finally, the archdeacons or their officials always stood ready to

enforce an accounting by the outgoing wardens to the parishioners or

their representatives. If the accounting was delayed too long, or if

the surplus was not promptly handed over to the incoming (or newly

elected) wardens, then the delinquent officers were cited before the

court. Numerous instances are found in the court records of the

enforcing of this duty. [84]

A permanent parish officer and one over whose appointment the

parishioners had usually no control [85] was the parish minister,

whether officiating rector, vicar or curate. [86] Elizabethan statutes

and canons sought to increase the dignity of the incumbents of cures,

[87] but royal greed did yet more to lower it. [88]

The minister was usually addressed by his parishioners as "Sir" John,

or "Sir" George, etc., quite irrespective of his actual rank,[89] and

this in an age of punctilious distinctions in forms of address. In the

small country parishes the incumbent was often the only, or almost the

only, educated man in the community. His advice had naturally

considerable weight in parish affairs, and his pen was often required

in the drawing up of official or legal documents, certifications or

testimonials, the casting up of parish accounts and the like.[90]

We find in the act-books officiating rectors or vicars presented for

non-residence upon their cures;[91] while rectors and other recipients

of great tithes are "detected" at visitations for not repairing the

chancels in their churches; or not maintaining their vicarage

buildings with barns and dove-cotes;[92] or for not providing quarter

sermons where the clergyman serving the cure was not himself licenced

to preach;[93] beneficed men not resident are arraigned for not giving

the fortieth part of their revenue to the parish poor;[94] resident

ministers indicted for not keeping hospitality,[95] or for not

visiting the sick.[96]

Just as the wardens were to look after the conduct of their minister,

so the minister was required to fill the office of a censor upon the

behavior of the wardens and to report to the ordinary their

delinquencies--as, indeed, the trespasses of any among his

congregation, though the latter task was more particularly assigned to

the wardens and sidemen.[97] Furthermore the minister was the vehicle

through which the commands of the authorities, lay or ecclesiastical,

were conveyed to the parishioners. He was compelled to read these

commands or injunctions at stated times and exhort his hearers to obey

them. For failure to comply with this duty, he might be cited before

the official,[98] and punished by that officer.[99]

The curate of East Hanningfield, Essex, is presented in 1587 for "that

he hathe not geven warninge to the church-wardens to looke to there

dutie in service tyme, for such as are absent from service."[100] The

curate of Monkton, Kent, is brought before the court in 1569 for that

he "doth not call upon fathers and mothers and masters of youths to

bring them up in the fear of God."[101] When the archdeacon sent down

an excommunication against any one of the parish, it was delivered to

the minister to be solemnly proclaimed by him from the pulpit,[102]

and thereafter he had to see that the excommunicate person remained

away from service until absolution was granted[103] by the ordinary,

which absolution was then publicly pronounced from the pulpit.[104]

When penance had to be done in church by an offender, it was the duty

of the parson to superintend the performance; to say, if necessary,

before the congregation the formula of confession prescribed for the

offence, in order that the guilty person might repeat it after

him;[105] to exhort the persons present to refrain from similar

transgressions; to read, on occasion, some homily bearing upon the

subject;[106] and finally to make out a certificate (together with the

wardens, if necessary) that the penance had been carried out as

enjoined by the judge.

Besides the celebration of the rites pertaining to his priestly

office, which need not detain us here, there were many other duties

which the ecclesiastical courts enjoined on the parish incumbent. Some

of these have already been referred to.[107] Others will appear as we

view the discipline of the courts Christian when exercised over the

parishioners at large, to which subject we shall now address

ourselves.

Foremost among the requirements exacted by the ordinaries from all

alike was the duty of attending church. Every one had to frequent

service on Sundays and on feast-days, and to be present at evening as

well as at morning prayer.[108] Nor might a man repair to a church in

another parish because it was nearer than his own.[109] Should his own

minister be unlicenced to preach--and only about one incumbent out of

four or five was licenced[110]--he was not permitted, except under

special authorization,[111] to hear a sermon in another church while

service was going on in his own.[112] If, however, a man were able to

pay the statutory[113] fine of 12d. for each absence on holy days he

could, it would seem, in practice resort to his parish church only on

occasions, say once a month, and yet not get himself written down as a

recusant.[114]

Heads of families were made responsible for the attendance of their

children and servants; innkeepers or victuallers for their

guests.[115]

If it was not permissible to frequent service in another place of

worship, neither was it optional with a parishioner to get married

elsewhere than in his own church.[116] There, too, his marriage banns

had to be published--and it was a presentable offence to marry without

banns;[117] there he had to have his children christened[118] and his

wife churched;[119] there he was compelled to send sons, daughters or

apprentices to be catechized,[120] and there himself learn the

principles of religion (if he were ignorant of them), for without a

knowledge of the Catechism and the Ten Commandments he could not

receive communion.[121]

All persons over fourteen had to receive communion at Easter, and at

least on two other occasions during the year.[122] In fact readiness

to receive according to the Anglican rites became the test of a loyal

subject.[123]

The strict requirement to report all non-communicants to the official

resulted in the keeping of books in which were written the names of

the parish communicants.[124]

Next in importance to church attendance and the observance of the

sacraments came the duty of all parishioners to contribute to the

parish expenses. We have viewed church courts at work, compelling

wardens to levy church rates; we have now to see how the judges forced

recalcitrant ratepayers to pay the sums assessed upon them to the

wardens or other collectors.

Among the earliest vestry minutes of the parish of St.

Christopher-le-Stocks, London, is one which, after ordering that an

assessment be made for the clerk's wages and for pews, decreed that

any rebellious persons should be summoned before themselves, the

vestry, to be reformed. But if the rebel would not appear, or, on

appearance, remain stubborn to reason, then the churchwardens should

sue him before the ordinary at the parish costs "vntill suche tyme as

he be reduced vnto a good order, and hath paid bothe the costys of the

sute and the chargs that he owith vnto the church...."[125] Fifty

years later we find this vestry ordaining the same procedure to be

followed against parish debtors, and referring to its former

order.[126]

It seems, in fact, to have been the well-understood thing that just as

parish rates to defray the costs of those matters of parish

administration, falling within the province of the ecclesiastical

courts, were to be assessed by the authority, and under the direction,

of those courts, so, too, the recovery of these rates was to be had

before the same tribunals. It is not denied that recourse may

occasionally have been made in these matters to the courts of common

law, but it is believed that the proper remedy was at ecclesiastical

law.[127] Furthermore, we believe that the means at the disposal of

the ecclesiastical courts for putting their judgments into effect were

quite sufficient and in practice effective.

What these means were will be taken up and discussed a little further

on. Returning to the matter of suing parish debtors in courts

Christian, it is interesting to find that in the language of the

period a suit "at law" did not always mean at common law. An order of

the vestry of Stepney, London, in February, 1605-6, after determining

the manner in which £50 should be raised to pay off parish debts due

to the bell founder, adds that persons refusing to pay their shares,

or neglecting to do so, should not find themselves aggrieved "if the

same be recouered against them by Lawe." And the meaning of this term

is fully explained by these subsequent words in the same order, that

the churchwardens shall "at the chardg of the p[ar]ish appointe and

entertayne one doctor and a proctor to sue and recouer the same by

lawe of any p[er]son [etc.]."[128] Now doctors and proctors practiced

before ecclesiastical tribunals only.[129]

That presentment to the ordinary was the common and usual way, not

only of recovering church rates, but any thing of value that belonged

to the parish and was unjustly detained, the act-books and other

documents of the time plentifully show. Thus in Archbishop Parker's

Visitation Articles for the diocese of Canterbury in the year 1569, he

requires all churchwardens to report to their ordinaries "whether

there be any money or stoke, appertaininge to any paryshe churche, in

anye manne's handes, that refuse or differeth to paye the same

[etc.]."[130] The wardens of Melton Mowbray record under the year 1602

an item for charges at the court at Leicester against a parishioner

"for not payinge his levi for the churche."[131] Those of Ashburton,

Devon, itemize in 1568-1569 two shillings "for a zytation to those

that wold nott pay to the power."[132] As the wardens of East Tilbury

were going about among the parishioners demanding money of each one

according to the rating inscribed on an assessment roll which they

carried with them, one Garrett, a constable, discontented that he

himself should be rated as high as four shillings, seized the roll and

refused to produce it. This, of course, put an end to further

collections. For this he was presented by the vicar before the

consistory court at Stratford Bow Chapel. Here he alleged that the

rating "was very unequally made." But the judge warned Garrett to

appear in court the following Tuesday to answer for his contempt.

Further he was to pay his four shillings to the wardens and bring to

the judge the wardens' certificate that he had done so. On the day

appointed Garrett was present in court with the vicar and wardens. The

decree of the court is headed: "_Negotiu[m] reparac[i]o[n]is

eccl[esi]e de_ East Tilburie," and is so characteristic of the

thoroughgoing and searching manner in which ordinaries supervised the

administration of parish affairs that we cannot forbear to quote a

large part of it in full. "Touchinge the same Wm Garrett," the

registrar inscribes in the act-book, "the churchwardens do here

testifie that he hathe payd his iiij s. w[hi]ch he was rated at...&

they saye they have receyved it. Towching the churchwardens & the

repayre [of] the church," the scribe continues, "the Judge doth order

that the minister, Mr Howdsworth, [and seven others named, including

wardens, sidemen and constables]...p[ro]cure workmen of all trad[es],

& then sett downe under their hand in writing what chardg it will be

to repayer the church sufficiently in all thing[s] wharein it is

decayd, as namely, tyling, paving, masonns worke, carpenters worke &

glasing...and when they have under the workmens hand founde what will

repayer the churche in every p[ar]ticuler, then shall they all nyne

assemple themselves in the church [on a day named]...and make a rate

to that proportion w[hi]ch shall remayne above the rate already

allowed of...and they shall certify in Stratford bowe Chappell bothe

of the vew making by the workmen, of the gathering of the rate already

made, of their making a new rate...and of the gathering thereof; and

likewise how farr they have p[ro]ceeded in the repayer of the church

the ixth of Aprill next: and for the punish[men]t of him, the said Wm

Garrett, for his contemptuous taking away of the rate, as is

complayned of, it is respited untill this p[resent] order be

p[er]formed; & he is now monished to appeare in the Consistorie the

first court day [etc]...."[133] So, too, when Richard Fynsett of

Clayton, Sussex, was "detected" to the official for not paying his

rate for church repairs, November, 1595, he appeared and claimed that

not only was his rating excessive, but that the assessment had not

been according to custom, to wit, made by the majority of the

parishioners. He was summoned by the judge to prove his allegation at

the next court day, and to pay his court and other fees. He was

probably unable to prove his point, for under the 9th December

following the record simply states "_Comparuit et solvit feoda

debita_."[134]

The wardens of Swalecliffe, Kent, complain to the archdeacon of

Canterbury in 1565 that their church is near utter decay, but the

parish is so poor that they cannot repair it unless an assessment be

made on the lands within the parish, for the making of which

assessment they ask for an authorization.[135] Two years later they

appear and say in court that their church still lacks windows, "and

the parish is not able to mend the same, without it may please you

that the rest of the cess that was made may be levied, which we cannot

get unless we have your aid."[136]

In the same way the wardens of St. Alban's "implored the aid of the

judge," because they wished divers persons who refused to pay their

rates "co[m]pelled therunto by aucthoritye of this court," otherwise

the unpaid workmen on their ruinous church would leave, and the

half-finished structure sustain damage by winter weather.[137] The

act-books teem with such presentments as the following: one Holaway

refuses to give to the poor-box, "and is found able by the

parish."[138] Thomas Arter will give but a half-penny to the poor.

Arter appears and "saithe that he is not of the wealthe that men

takithe him to be." The judge commands him to pay a half-penny every

week, and dismisses him.[139] "John Wilson haithe not paide his clerke

wages by the report of the clerke."[140] "Here follow the names of

such, as being able, refuse notwithstanding to pay to the poor man's

box [eight names follow]";[141] or "The presentment made by the

churchwardens and sidemen...of all such as are behind for a cess made

for the Church and refuse to pay [five names]."[142] John Baldwin

presented for that "the fame and report goeth" that he keeps back £10,

a legacy given seven years previously for church repairs and the

poor-box, "and the Church and the poor have wanted the same, having no

benefit thereof, as we know."[143] One Consant received a cow

belonging to the parish "and hath not made an account to the parish

for her."[144] Jeremy Robson is cited "for detaining our Clerk's wages

from the land which he occupieth in our parish after 6 s. 8 d. for a

plough land of 140 acres."[145] Two lessees of the parish are

presented "for withholding the farm of two acres and a half of church

land one year and a half unpaid."[146] John Smithe presented for

felling and selling a great oak which stood upon church land, "whereas

now we stand in lack of the same to repair our Church."[147] A

parishioner is cited before the ordinary because he withholds church

goods and refuses both to enter into bond for them and to make an

accounting.[148] So men are presented for not paying the parish fees

due for the burial of members of their family, or for the ringing of

knells;[149] for suffering a church tenement or a part of the church

fence, which they are bound to repair, to fall into decay,[150] and so

forth. In short, any one at all, whether in the capacity of parish

officer; rate payer; trustee; administrator or executor; lessee of the

parish cattle or its lands or tenements--any one, in fact, standing in

the relation of debtor to the parish in a matter falling within the

jurisdiction of the spiritual courts, could be, and was, compelled by

these to pay or to account to the parishioners.

Not only did the Church regulate many acts of a parishioner's life,

and preside over his moral conduct, making him pay in great measure

the costs of this disciplinary administration, but it also was

entrusted with his education, through which it sought to control his

ideas and convictions, and to direct and form public opinion. The

education and training of a nation depend, of course, in greatest

measure on its primary schools and its press. As for its universities,

these are but the apex on the educational pyramid, for a very select

few only. Now the primary schools were represented in the times

whereof we write by the parish schoolmaster, the familiar

"_ludimagister_" of the canons and act-books, and by the incumbent

himself. For the people at large the press was represented almost

entirely by the licenced preacher, and, in the larger towns, the

licenced lecturer.

The Canons of 1571 ordain that no one shall teach the humanities nor

instruct boys, whether in school or in private families,[151] unless

the diocesan licence him under his seal. Nor are schoolmasters to use

other grammars or catechisms than those officially prescribed. Every

year schoolmasters are to commend to the bishop of the diocese the

best read among their pupils, and those that by their achievements

give promise that they may usefully serve the State or the Church, so

that their parents may be induced to educate them further to that

end.[152] Bishop Barnes in his Injunctions of 1577 commands that all

incumbents of cures in Durham diocese not licenced to preach shall

"duly, paynefully and frely" teach the children of their several

parishes to read and write. Furthermore, teachers shall exhort the

parents of those boys who have proved themselves apt at learning and

of "pregnant capacitie" to cause their sons to continue their studies

and to acquire the good and liberal sciences. On the other hand they

shall induce fathers of sons of little wit or capacity to put them to

husbandry, or some other suitable craft, that they may grow to be

useful members of the commonwealth.[153] In this diocese we find

schoolmasters by profession ("_ludimagistri_") summoned at the

visitations very regularly, and there seem to have been a considerable

number of them in the towns, though not in the country parishes, where

the curates doubtless officiated as instructors of the youth according

to the bishop's monitions.[154] Everywhere in the proceedings of the

ecclesiastical courts schoolmasters are "detected" to the judges from

time to time for having no licence to teach.[155]

As for the pulpit, that great instrument of political guidance at a

period when politics consisted chiefly of religious contentions,[156]

it is well known that Elizabeth and her advisors grasped at once its

paramount importance, and that she had been on the throne but little

over a month when she issued her proclamation inhibiting all preaching

and teaching for the time being. This command was followed by her

Injunctions of the next year, forbidding any to preach unless licenced

by herself, her two archbishops, the diocesan, or her visitors.[157]

As is well known also, no command was more universally enforced. It is

constantly mentioned in the metropolitan or diocesan injunctions or

articles of the period,[158] and the proceedings before the ordinaries

bear witness to its enforcement.[159]

Parish opinion was further sought to be moulded by the reading in

church of various tracts, homilies, monitions, forms of special

prayers, etc., etc., which the wardens were ordered to procure from

time to time, and which are very often met with in their accounts.

These official mediums of information or edification conveyed to the

good people of the parishes some knowledge of the events and politics

of the realm and of the world beyond it. Thus they heard of the

overthrow of the rebels in the North of England (1569), the ravages of

the great earthquake of 1579; the progress of the plague; or, again,

of the struggle of the French Protestants led by Henry of Navarre, the

defeat of the Turks at Lepanto, and so forth.[160]

As food for the more advanced minds of the congregations, ordinaries

saw to it that volumes dealing with the interpretation of the

Scriptures, the polity of Church and State, and the defence of that

polity were provided for every parish church. Such works were Erasmus'

Paraphrases, Bullinger's Decades, Bishop Jewel's works, and other

writings of an apologetic nature. To a certain extent news was also

spread, and grievances were aired, in unofficial broadsides or

ballads. These treated of such subjects as the untimely end of

traitors great or small; the adventures of her Majesty's soldiers and

sailors; the rapacity of landlords and the evils of the enclosure

movement.[161]

But these publications and all other printed matter were subject to

the strict censorship of Church and State. Extremely few presses were

permitted in England, and these few under the jealous supervision of

the high ecclesiastical authorities, as is evidenced by the numerous

orders or decrees issued by them to the Master and Wardens of the

London Stationers Company, which, with a very few special patentees,

enjoyed the monopoly of printing.[162]

Having now reviewed the chief administrative functions of the

spiritual courts and their mode of exercise, the question presents

itself, What were the means at the disposal of the ordinaries for

enforcing their decrees? The principal one of these has already been

mentioned incidentally, viz., excommunication. Excommunication was the

most usual, as it was by far the most effective, weapon for compelling

obedience to the mandate of the judge in any matter whatever. Indeed

without this instrument of coercion the ecclesiastical judges would

have been impotent.

Excommunication was of two kinds, the lesser and the greater. The

former was in constant use (to employ the words of a contemporary

document) "for manifest and wilful contumacy or disobedience in not

appearing when ... summoned for a cause ecclesiastical, or when any

sentence or decree of the bishop or his officer, being deliberately

made, was wilfully disobeyed...."[163] Even under the lesser

excommunication a man could not attend service, and he was deprived of

the use of the sacraments.[164] If an excommunicate sought to enter

church with the congregation, either he had to be forcibly expelled or

the service could not proceed.[165] If he continued in his contempt of

court he made himself liable to the greater excommunication,[166] and

then he was virtually an outcast from the society of his fellow

parishioners.[167] That excommunication was feared by the great

majority of parish folk there is no reason to doubt. Certainly the

greater excommunication might seriously injure a man in his business

as well as his social interests, not to mention the trouble and

expense of getting an absolution.[168] That excommunication reduced

most offenders to order the church court proceedings demonstrate. If,

however, a man were obdurate and hardened he was turned over to the

Queen's High Commissioners, and these, while making the fullest use of

ecclesiastical procedure and the oath _ex officio_,[169] also freely

employed the penalties of the temporal courts, viz., fines and

imprisonments. As no ecclesiastical offence was too small for the

Commissioners to deal with, and as their jurisdiction was not limited

(like that of the ordinaries) to a district or a diocese, courts of

High Commission may be called universal ordinaries.[170] Finally, if a

person stood excommunicate over forty days, an ecclesiastical judge,

on application to the diocesan, might procure against him out of

Chancery the writ _De excommunicato capiendo_. This writ was probably

not very often resorted to in practice, partly because of the great

expense involved, and partly perhaps, too, because of the slack

execution of the writ by certain undersheriffs or bailiffs, encouraged

as they were by the rather hostile attitude sometimes assumed against

the courts Christian by the Queen's temporal judges.[171] The writ

was, however, certainly no dead letter, and served also _in terrorem_

to reduce stubborn offenders.[172] Indeed Archbishop Bancroft in 1605

called it "the chiefest temporal strength of ecclesiastical

jurisdiction."[173]

In view of the fact that "standing excommunicate" was in itself a

presentable offence before the ordinary, and an offence often

presented,[174] and in view of the further fact that the excommunicate

might, according to a contemporary who writes with authority, "be

punished for absence from diuine praier, neither shall his

excommunication excuse him, for it is in his owne default,"[175] it is

queried whether such an involuntary absentee from church did not make

himself just as liable to presentment at quarter sessions for

recusancy[176] as any voluntary recusant. Perhaps it is for this

reason that grand juries are sometimes complained of for

discriminating among the names sent in to them on the bishops'

certificates for indictment at quarter sessions, and for certifying

some and throwing out others "at their pleasure."[177]

But be this as it may--and it is conjecture unsupported by positive

proof--enough has been said, it is hoped, to show that ordinaries were

quite capable of making their decrees obeyed, and that excommunication

(contrary to the commonly received opinion) was a most effective means

of coercion. Many, indeed, were its uses. It might (or its equivalent

interdiction or suspension[178]), as has been seen,[179] be used to

compel a parish officer to perform the duties of his office. It might

also be employed, when persuasion failed, to induce a parishioner to

accept office when chosen by his fellows.[180] But, it would seem, one

single definition would comprise all cases: excommunication was

employed against all those who disobeyed some order of the spiritual

judge, express or implied--it was a summary process for contempt of

court, in fact, and was daily used as such.

To recapitulate: a very large part of the parishioner's life and

activity fell under the surveillance and regulation of the

ecclesiastical courts. They compelled him to attend on specified days

his parish church, and no other; to be married there; to have his

children baptized and his wife churched there; to receive a certain

number of times communion there; to contribute to the maintenance of

church and churchyard, as well as to the finding of the requisites for

service or the church ornaments or utensils. In his parish church he

and his children were catechized and instructed, and, if the latter

were taught in a neighboring school-house, it was under the strict

supervision of the ordinary and by his or the bishop's licence and

allowance. So true was this that the schoolmaster was, like the

parson, a church officer. For the parishioner his church was the place

of business where all local affairs, civil or ecclesiastical, were

transacted, as well as the centre of social life in the village. Here

the mandates of the authorities in Church and State were read to him;

here he was admonished of his duty to contribute to, or to perform,

the burdens of parish administration and warned of the penalties for

neglect; here he met with his fellows to settle parish affairs and

audit parish accounts, or to choose parish officers under the auspices

of the ordinary, being himself compelled, if necessary, by that

official to serve when his own turn for office came round. As

churchwarden it was his duty to collect the rents from parish lands

and tenements, and to see that parish offerings were gathered and the

parish rates assessed and paid, or recovered by means of the

ecclesiastical courts. If the church was ruinous; if bread and wine

were lacking for the communion; if any of the books, furniture,

utensils or ornaments enjoined by the diocesan's articles or by the

canons were missing; if the curate did not follow the Rubric, or

retained "superstitious" rites; if the yearly perambulation was

omitted; if faults of the minister or of the parishioners were not

presented: he and his fellow-warden were held responsible by the

official.

The machinery which the canon and the civil law placed at the disposal

of the ordinary for his judicial administration of the parish was

extraordinarily flexible. Courts Christian were unencumbered by the

formalities of the common law or by the coöperation of juries. They

could proceed _ex officio, i.e_., without formal presentment and upon

hearsay only, and they were armed with the formidable power of

administering the oath _ex officio_ by which a parishioner was forced

to disclose all he knew against himself. They could in all cases

command the _doing_, as well as the _giving_[181] of a thing--powers

far more extensive than those possessed by any court of equity of

today. Lastly, it was their custom to require that a return be made in

court, or in other words, a certification, that their commands had

been duly performed--thus stamping them as true administrative bodies.

It was inevitable from the nature of their jurisdiction and procedure

that abuses should be committed both by ecclesiastical judges and by

their officers, such as registrars, proctors and apparitors. These

judges wielded an admirable instrument of administration and

discipline, one that could be bent to meet any emergency, but this

efficiency had been attained at the sacrifice of some indispensable

safeguards for the carrying out of impartial justice. First, no

parishioner's acts, whether done in an official or a private capacity,

were ever quite safe from misrepresentation, or downright

falsification by his enemies, for secret denunciation to wardens or

sidemen (or to the ordinary himself) by any one[182] might start a

proceeding against the person denounced and force him upon oath to

disclose the most private, the most confidential, matters. Again,

proctors, apparitors, registrars, and other scribes whose fees

depended on citations and the drawing up of court proceedings,

documents, or certificates, had every interest in haling persons

before the official, because court fees had to be paid whether a man

were found innocent or guilty.[183] Hence the system tended to create

spies, of whom the chief were the apparitors, or summoners, and their

underlings. There is a very interesting contemporary ballad entitled

_"A new Ballad of the Parrator and the Divell_," attributed by its

modern editor to not later than 1616, which throws much light on the

proceedings of certain unscrupulous apparitors, and reflects also the

strong dislike entertained for the whole tribe of apparitors by people

of the time.[184] The devil going a hunting one Sunday and beating the

bushes, up starts a proud apparitor. During several stanzas the

apparitor narrates to the devil, as one consummately wicked man to

another, all the tricks of his trade to drum up cases for himself and

his court. He spies on lovers as they pass unsuspecting; he haunts the

ale-houses and overhears men's tales over their cups; if business be

dull he even devises scandal among neighbors, and sets them at enmity.

Thus he concocts his accusations of immorality, or drunkenness, or

profanity, or uncharity towards neighbors, and writes them busily down

in his _quorum nomina_, or formulas of citations to appear before the

official's court. "My _corum nomine_ beares such swaye," he boasts,

"They'le sell their clothes my fees to pay." But, remarks the devil

after listening to all this, surely the innocent pay no court fees,

"But answere and discharged bee." "My _corum nomine_ sayth not so,"

rejoins the apparitor, "For all pay fees before they goe.--The

lawier's fees must needs be payd,--And every clarke in his degree--Or

els the lawe cannot be stayd--But excommunicate must they bee." The

devil, amazed and disgusted at laws which "excell the paines of hell,"

turns to go, whereupon the apparitor seeks to arrest and fine him for

traveling on the Sabbath. Exclaiming "Thou art no constable!" the

devil pounces upon the unworthy officer and carries him off to

hell.[185] Thirdly, even when at their best and conducted by upright

judges and officers, the modes of proof in force in the courts

Christian were sometimes utterly inadequate as means for getting at

the truth. The inquest, or trial by jury, had never been introduced

into these courts, where the archaic system of compurgation[186] still

lingered.

If a man for want of friends, or for want of good reputation, were

unable to procure compurgators to attend him at visitations or courts,

held sometimes twenty miles and more away,[187] he might be condemned

as guilty of specific acts which he had never committed.[188] He might

even fail in his proof because he was poor. When the judge arraigned

Lewis Billings of Barking, Essex archdeaconry, for "that he hath

failed in his purgacion," Billings pleaded "that he is a very poore

man and not able to procure his neighbours to come to the cort, and

beare their charges."[189] But, as is well known, contemporaries

attacked not only the inferior officers, but the judges themselves.

Complaints of great abuses were loud and long,[190] and when the

ecclesiastical courts were abolished by the Long Parliament in

1641,[191] the satirical literature of the day celebrated their

downfall with a verve, a gusto, and an exultation amazing to one not

familiar with the procedure of these courts.[192]

As was mentioned at the beginning of this chapter, the secular judges

were given statutory authority to take cognizance of breaches of the

order prescribed by the Book of Common Prayer, of the offence of not

attending church, and other delinquencies against the legal settlement

of religion. Hence in these matters they exercised what might be

called a sort of ecclesiastical jurisdiction in aid of the ordinary

and concurrently with him, though their mode of procedure, of course,

was that of the common law, possessing nothing in common with the

practice adopted in courts Christian. Men who were "hinderers" and

"contemners" of religion; who refrained from going to church without

lawful cause; who had mass-books or super-altars[193] in their

possession;[194] who spoke in contempt of the Book of Common Prayer

and its rites;[195] who caused their children to be baptized with

forms other than those prescribed;[196] ministers who omitted the

cross in baptism;[197] who left off the surplice;[198] who refused to

church women;[199] who called purification "a Jewish ceremony," or who

in their sermons preached seditious doctrine[200]--all these and other

like offenders were indicted at quarter sessions or at the assizes.

The Elizabethan Parish in its Ecclesiastical and Financial Aspects · 第 3 / 5 章