Chapter V: Front Matter (5)
The earlier rich laces were not made of white thread. Gold, silver, and silk were used. The Italians, who claim to have invented point lace, were the great makers of gold lace. Cyprus stretched gold into a wire, and wove it. From Cyprus the art reached Genoa, Venice, and Milan; and gradually all Europe learned to make gold lace. In England, the complaint was raised that the gold of the realm was sensibly diminishing in this way, and in 1635 an act was passed prohibiting the melting down of bullion to make gold or silver “purl.” And not only in Western and Southern Europe was this luxury fashionable. A piece of gold lace was found in a Scandinavian barrow opened in the XVIIIth century. Perhaps the lace was made by some captive woman stolen by the vikings, a later Proserpine ravished from the South, who wove the web with her pale fingers as she sat in that frozen Hades, while her piratical blue-eyed Pluto looked on marvelling, and waiting to catch a smile from her relenting eyes. Gold lace was sold by weight.
Some of the most magnificent old points of Venice were made of silk, the natural cream-color. The rose Venice point—_Gros point de Venice, Punto a rilievo_—was the richest and most complicated of all points. It was worked of silk, on a parchment pattern, the flowers connected by _brides_. The outlines of these flowers were in relief, cotton being placed inside to raise them, and countless beautiful stitches were introduced. Sometimes they were in double, sometimes in triple, relief, and each flower and leaf was edged with fine regular pearls. This point was highly prized for albs, _collerettes_, _berthes_, and costly decorations.
Another kind of Venice lace—knotted point—had a charmingly romantic origin. A young girl in one of the islands of the Lagune, a lace-worker, was betrothed to a young sailor, who brought her home from the Southern seas a bunch of pretty coralline called mermaid’s lace. Moved partly by love for the giver, and partly by admiration for the graceful nature of the seaweed, with its small white knots united by a _bride_, the girl tried to imitate it with her needle, and, after several unsuccessful efforts, produced a delicate guipure, which soon was admired all over Europe.
We must not, in this connection, forget that handkerchief given by Othello to Desdemona, the loss of which cost her so dear. It was wrought, he tells her, by an Egyptian sibyl, who
“In her prophetic fury sewed the work.”
And he declares that
“The worms were hallowed that did breed the silk.”
The flat points of Venice were no less exquisite than the raised, the patterns sometimes being human figures, animals, cupids, and flowers.
In the XVIth century, Barbara Uttmann invented pillow-net, a great advance in the making of lace. This lady’s father had moved from Nuremberg to the Hartz Mountains, to superintend mines there, and there the daughter married a rich master-miner, Christopher Uttmann, and lived with him in his castle of Annaberg. Seeing the mountain girls weave nets for the miners to wear over their hair, her inventive mind suggested a new and easier way of making fine netting. Her repeated failures we know not of, but we know of her success. In 1561 she set up a workshop in her own name, and this branch of industry spread so that soon 30,000 persons were employed, with a revenue of 1,000,000 thalers. In 1575, the inventress died and was laid to rest in the churchyard of Annaberg, where her tombstone records that she was the “benefactress of the Hartz Mountains.”
Honor to Barbara Uttmann!
Pillow-lace, as most people know, is made on a round or oval board stuffed so as to form a cushion. On this is fixed a stiff piece of parchment with the pattern pricked on it. The threads are wound on bobbins about the size of a pencil, with a groove at the neck. As many of the threads as will start well together are tied at the ends in a knot, and the knot fastened with a pin at the edge of the pattern; then another bunch, and so on, till the number required by the lace is completed. The lace is formed by crossing or intertwining these bobbins.
Hand-made lace is of two kinds, point and pillow. Point means a needle-work lace made on a parchment pattern, also a particular kind of stitch. The word is sometimes incorrectly applied; as, _point de Malines_, _point de Valenciennes_, both these laces being made on a pillow.
Lace consists of two parts, the ground and the flower pattern or gimp.
The plain ground is called in French _entoilage_, on account of its containing the ornament, which is called _toilé_, from the texture resembling linen, or being made of that material or of muslin.
The honeycomb network or ground—in French, _fond_, _champ_, _réseau_—is of various kinds: wire ground, Brussels ground, _trolly_ ground, etc. Double ground is so called because twice the number of threads are required to make it.
Some laces, points and guipures, are not worked upon a ground, the flowers being connected by irregular threads worked over with _point noué_ (button-hole stitch), sometimes with pearl loops (_picot_). Such are the points of Venice and Spain and most of the guipures. To these uniting-threads lace-makers in Italy give the name of “legs,” in England “pearl ties,” in France “brides.”
The flower is made either together with the ground, as in Valenciennes and Mechlin, or separately, and then either worked in or sewn on (_applique_).
The open-work stitches in the patterns are called “modes,” “jours,” or “fillings.”
The early name of lace in England and France was _passement_, so called because the threads were passed by each other in the making. The learned derive lace from _lacina_, a Latin word signifying the hem or fringe of a garment. _Dentelle_ comes from the little toothed edge with which lace was finished after awhile. At first, it was _passement dentelé_, finally _dentelle_.
The meaning of guipure is hard to connect with the present use of the word, which is very loose and undefined. It was originally made of silk twisted round a little strip of thin parchment or vellum; and silk twisted round a thick thread or cord was called guipure, hence the name.
The modern Honiton is called guipure, also Maltese lace and its Buckingham imitations. The Italians called the old raised points of Venice and Spain guipures. It is hard to know what claim any of these have to the name.
A fine silk guipure is made in the harems of Turkey, of which specimens were shown in the International Exhibition. This _point de Turquie_ is but little known, and is costly. It mostly represents black, white, or mixed colors, fruit, flowers, or foliage.
The lace once made in Malta was a coarse kind of Mechlin or Valenciennes of one arabesque pattern; but since 1833, when an English lady induced a Maltese woman named Ciglia to copy in white an old Greek coverlet, the Ciglia family commenced the manufacture of black and white Maltese guipure, till then unknown in the island.
It is the fineness of the thread which renders the real Brussels ground, _vrai réseau_, so costly. The finest is spun in dark underground rooms; for contact with the dry air causes the thread to break. The spinner works by feeling rather than sight, though a dark paper is placed to throw the thread out, and a single ray of light is admitted to fall on the work. She examines every inch drawn from her distaff, and, when any inequality occurs, stops her wheel to repair the mischief.
The _réseau_ is made in three different ways: by hand, on the pillow, and more lately by machinery—the last a Brussels-net made of Scotch cotton. The needle ground costs three times as much as the pillow; but it is stronger and easier to repair, the pillow ground always showing the join.
There are two kinds of flowers: those made with the needle, _point à l’aiguille_, and those on the pillow, _point plat_. The best flowers are made in Brussels itself, where they excel in the relief (_point brode_).
Each part of Brussels lace is made by a different hand. One makes the _vrai réseau_; another, the footing; a third, the point flowers; a fourth works the open _jours_; a fifth unites the different sections of the ground together; a sixth makes the _plat_ flowers; a seventh sews the flowers upon the ground.
The pattern is designed by the head of the fabric, who, having cut the parchment into pieces, hands it out ready pricked. In the modern lace, the work of the needle and pillow are combined.
Mechlin lace, sometimes called _broderie de Malines_ is a pillow lace made all in one piece, its distinguishing feature being a broad, flat thread which forms the flower. It is very light and transparent, and answers very well as a summer lace. It is said that Napoleon I. admired this lace, and that, when he first saw the light Gothic tracery of the cathedral spire at Antwerp, he exclaimed: “_C’est comme de la dentelle de Malines._”
Valenciennes is also a pillow lace, but the ground and gimp, or flower, are all made of the same thread.
The _vrai Valenciennes_, as it was at first named, that made in the city itself, was made in the XVth century, of a three-thread twisted flax, and reached its climax about the middle of the XVIIIth century, when there were from 3,000 to 4,000 lace-makers in the city alone. Then fashion began to prefer the lighter and cheaper fabrics of Arras, Lille, and Brussels, till in 1790 the number of lace-workers had diminished to 250. Napoleon I. tried unsuccessfully to revive the manufacture, and in 1851 only two lace-makers remained, both over eighty years of age. This _vrai Valenciennes_ which, from its durability, was called _les eternelles Valenciennes_, could not, it was asserted, be made outside the walls of the city. It was claimed that, if a piece of lace were begun at Valenciennes and finished outside of the walls, that part not made in the city would be visibly less beautiful than the other, though continued by the same hand, with the same thread, upon the same pillow. This was attributed to some peculiarity of the atmosphere. That lace, therefore, which was made in the neighborhood of the city was called _bâtarde_ and _gausse_.
The makers of this lace worked in underground cellars from four in the morning till eight at night. Young girls were the chief workers, great delicacy of touch being required, any other kind of work spoiling the hand for this. Many of the women, we are told, became blind before reaching the age of thirty. So great was the labor of making this lace that, while the Lille workers could produce from three to five ells per day, those of Valenciennes could not finish more than an inch and a half in that time. Some took a year to make twenty-four inches, and it took ten months, working fifteen hours a day, to finish a pair of men’s ruffles.
It was considered a recommendation to have a piece of lace made all by one hand.
This old Valenciennes was far superior to any now made under that name. The _réseau_ was fine and compact, the flowers resembling cambric in their texture. The fault of the lace was its color, never a pure white, but, being so long under the hand in a damp atmosphere, of a reddish cast. In 1840, an old lady, Mlle. Ursule, gathered the few old lace-makers left in the city, and made the last piece of _vrai Valenciennes_ of any importance which has been made in the city. It was a head-dress, and was presented by the city to the Duchesse de Nemours.
In the palmy days of Valenciennes, mothers used to hand these laces down to their children as scarcely less valuable than jewels. Even peasant women would lay by their earnings for a year to purchase a piece of _vrai Valenciennes_ for a head-dress.
One of the finest specimens of this old lace known is a lace-bordered alb belonging to the Convent of the Visitation, at Le Puy, in Auvergne. The lace is in three breadths, twenty-eight inches wide, entirely of thread, and very fine, though thick. The ground is a clear _réseau_, the pattern solid, of flowers and scrolls.
There is a story of Le Puy that in 1640 a sumptuary edict was issued by the seneschal, forbidding all persons, without regard to age, sex, or rank, to wear lace of any kind. Lace-making being the chief employment of the women of this province, great distress resulted from the edict. In this time of trial, the beggared people found a comforter in the Jesuit F. Régis. He not only consoled them, but he proved the sincerity of his sympathy by acts. He went to Toulouse, and obtained a revocation of the edict; and at his suggestion the Jesuits opened to the Auvergne laces a market in the New World.
This good friend to the poor is now S. Francis Régis, and is venerated in Auvergne as the patron saint of the lace-makers.
The finest and most elaborate Valenciennes is now made at Ypres, in Flanders. Instead of the close _réseau_ of the old lace, it has a clear wire ground, which throws the figure out well. On a piece of this Ypres lace not two inches wide, from 200 to 300 bobbins are employed, and for larger widths as many as 800 or more are used on the same pillow. There are now in Flanders 400 lace-schools, of which 157 are the property of religious communities.
We may say here that lace-makers now use Scotch cotton chiefly, instead of linen, finding it cheaper, more elastic, and brilliant. Only Alençon, some choice pieces of Brussels, and the finer qualities of Mechlin are now made of flax. The difference can scarcely be perceived by the eye, and both wash equally well, but the cotton grows yellow with age, while linen retains its whiteness.
Alençon, the only French lace now made on a pillow, was first made in France by an Italian worker, who, finding herself unable to teach the Alençon women the true Venetian stitch, struck out a new path, and, by assigning to each one a different part of the work, as Brussels did afterward, succeeded in producing the most elaborate point ever made. Early specimens show rich scroll-work connected by _brides_. One piece has portraits of Louis XVI. and Maria Theresa, with the crown and cipher, all entwined with flowers. The patterns were not at first beautiful, scarcely at all imitating nature; but their work was perfect.
Point Alençon is made entirely by the hand, on a parchment pattern, in small pieces afterwards united by invisible thread. This art of “fine joining” was formerly a secret confined to France and Belgium, but is now known in England and Ireland.
Each part of this work is given to a different person, who is trained from childhood to that specialty. The number formerly required was eighteen, but is now twelve.
The design, engraved on copper, is printed off in divisions upon pieces of parchment ten inches long, each piece numbered in order. This parchment, which is green, is pricked with the pattern, and sewed to a piece of very coarse linen folded double. The outline of the pattern is then made by guiding two flat threads around the edge with the left thumb, and fixing them by minute stitches passed with another thread and needle through the holes in the parchment. The work is then handed over to another to make the ground, either _bride_ or _réseau_. The _réseau_ is worked back and forward from the footing, or sewing-on-edge, to the _picot_, or lower pearled edge. The flowers are worked with a fine needle and long thread, in button-hole stitch, from left to right, the thread turned back when the end of the flower is reached, and worked over in the next row, making thus a strong fabric. Then come the open-work fillings and other operations, after which the lace is taken from the parchment by passing a sharp razor between the two folds of linen. The head of the fabric then joins the parts together. When finished, a steel instrument is passed into each flower to polish it.
The manufacture of Alençon was nearly extinct when Napoleon I. restored its prosperity. Among the orders executed for the emperor on his marriage with Marie Louise was a bed furniture of great richness. Tester, coverlet, curtains, and pillow-cases were all of the finest _Alençon à bride_. Again the manufacture languished, though efforts were made to revive it, and, in 1840, two hundred aged women—all who were left of the workers—were gathered. But the old point had been made by an hereditary set of workers, and the lace-makers they were obliged to call to their help from other districts could not learn their stitches, consequently changes crept in. But the manufacture was revived, and some fine specimens were shown in the Exhibition of 1851, among them a flounce valued at 22,000 francs, which had taken thirty-six women eighteen months to complete. This appeared afterwards in the Empress Eugénie’s _corbeille de mariage_.
Alençon was chiefly used in the magnificent _layette_ prepared for the prince imperial. The cradle-curtains were Mechlin, the coverlet of Alençon lined with satin. The christening robe, mantle, and head-dress were also of Alençon, and Alençon covered the three _corbeille_ bearing the imperial arms and cipher, and trimmed the twelve dozen embroidered frocks and the aprons of the imperial nurses.
Remembering all the magnificence which clustered around the birth of this infant, who had
“Queens at his cradle, proud and ministrant,”
one thinks with sadness of that exiled boy who now, weeping bitterly the loss of a tender father, beholds receding from his gaze, like a splendid dream, that throne he once seemed born to fill. Nowhere on the face of the earth is one who has possessed so much and lost so much as that boy; and nowhere are a mother and son around whom cling such a romantic interest and sympathy.
The specimens of Alençon in the Exhibition of 1862 maintained the reputation of the ancient fabric. _Bride_ is but little made now, and is merely twisted threads, far inferior to the clear hexagon of the last century. This hexagon was a _bride_ worked around with _point noué_.
Of late, the reapplication of Alençon flowers has been successfully practised by the peasant lace-workers in the neighborhood of Ostend, who sew them to a fine Valenciennes ground.
The Chantilly lace, which owed its foundation to Catherine de Rohan, Duchesse de Longueville, has always been rather an object of luxury than of commercial value. Being considered a royal fabric, and its production for the nobility alone, the lace-workers became the victims of revolutionary fury in ‘93, and all perished on the scaffold with their patrons. The manufacture was, however, revived, and prospered greatly during the First Empire. The white blonde was the rage in Paris in 1805. The black was especially admired in Spain and her American colonies. No other manufactories produced such beautiful scarfs, mantillas, and other large pieces. Calvados and Bayeux make a similar lace, but not so well. The real Chantilly has a very fine _réseau_, and the workmanship of the flowers is close, giving the lace great firmness. The so-called Chantilly shawls in the Exhibition of 1862 were made at Bayeux. Chantilly produces only the extra fine shawls, dresses, and scarfs.
Honiton owes its reputation to its sprigs. Like the Brussels, they are made separately. At first they were worked in with the pillow, afterwards _appliqué_, or sewed on a ground of plain pillow-net. This net was very beautiful, but very expensive. It was made of the finest thread procured from Antwerp, the market price of which, in 1790, was £70 per pound. Ninety-five guineas have been paid a pound for this thread, and, in time of war, one hundred guineas. The price of the lace was costly in proportion, the manner of fixing it peculiar. The lace ground was spread out on the counter, and the worker herself desired to cover it with shillings. The number of shillings that found a place on her work was the price of it. A Honiton veil often cost a hundred guineas. But the invention of machine-net changed all that, and destroyed not only the occupation of the makers of hand-net, but was the cause of the lace falling into disrepute.
Desirous to revive the work, Queen Adelaide ordered a dress of Honiton sprigs, on a ground of Brussels-net, the flowers to be copied from nature. The skirt of this dress was encircled with a wreath of elegantly designed sprigs, the initials of the flowers forming her majesty’s name: Amaranth, Daphne, Eglantine, Lilac, Auricula, Ivy, Dahlia, Eglantine.
Queen Victoria’s wedding lace was made at Honiton, difficulty being found in obtaining workers enough, the manufacture had been so little patronized. The dress, which cost 1,000 pounds, was entirely of Honiton sprigs connected on a pillow. The patterns were destroyed as soon as the lace was made. Several of the princesses have had their bridal dresses of Honiton.
The application of Honiton sprigs upon bobbin-net has of late almost entirely given place to guipure. The sprigs are sewed on a piece of blue paper, and then united by the pillow, by cut-works, or purlings, or else joined with the needle, button-hole stitch being the best of all, or by purling which is made by the yard. But Honiton has fallen in public esteem by neglecting the pattern of its lace, which does not well imitate nature.
A new branch of industry has lately risen there—that of restoring or remaking old lace.
When old lace revived, it became a mania. The literary ladies were the first to take this fever in England. Sidney, Lady Morgan, and Lady Stepney made collections, and the Countess of Blessington left at her death several large chests full of fine antique lace.
In Paris, the celebrated dressmaker, Madame Camille, was the first one to bring old laces into fashion.
Much lace is taken from old tombs, cleansed, and sold, usually after having been made over. All over Europe it was the custom to bury the dead in lace-trimmed garments, and in some cases these burial toilets were of immense value. In Bretagne, the bride, after her marriage, laid aside her veil and dress, and never wore it again till it was put on after she was dead. Many of these old tombs have been rifled, and the contents sold to dealers.
In Ireland, lace-making was at one time quite successful. Swift, in the last century, urged the protection of home manufactures of all kinds, and the Dublin Society, composed of a band of patriots organized in 1749, encouraged the making of lace, and passed strong resolutions against the wearing of foreign lace. Lady Arabella Demy, who died in 1792, a daughter of the Earl of Kerry, was especially active in the work, and good imitations of Brussels and Ypres lace were made. In 1829, the manufacture of Limerick lace was established. This is tambour work on Nottingham-net. But the emigration of girls to America, and the effort of the manufacturers to produce a cheap article, thus bringing it into disrepute, have prevented this lace from attaining success.
For half a century, machine-lace has been striving to imitate hand-made lace, and in some instances with such success that the difference can scarcely be perceived. In 1760 a kind of looped lace was made in England on the stocking-frame, and the fabric has been constantly improving. But hand-made lace still maintains its supremacy, and is growing in favor, and old laces are more highly prized even than old jewels, since the former cannot be imitated, or can scarcely be imitated; the latter may be. There is a delicacy and finish in needle and pillow laces which the machine can never give; besides that, the constant tendency of machine-work, when once it has attained excellence, is to deteriorate.
We are glad of this revival of lace-making; for in no other way can the luxury of the rich in dress so well benefit women and children among the poor. Most working-women have to work too hard, and they have to leave their homes to earn money. But lace-making accords admirably with feminine taste and feminine delicacy of organization, and it can be done at any time, and at home, and of every quality. It is refining, too. One can scarcely imagine a very coarse person making a very beautiful lace. It teaches the worker to observe nature and art, in the selection and working of patterns, and it stimulates inventiveness, if there be any. And more than that, by the multitudinous ticking of these little bobbins, and the myriad points of these shining needles, thousands of that tortured and terrible class called “the poor” might be able to keep at bay not only the wolf of hunger, but the lion of crime.
ANTIQUITIES OF THE LAW.
[WE have received this article from a very distinguished and learned member of the New York bar, with an accompanying letter, in which he writes, among other things, as follows:
“Confined as I am by my infirmities to my house, and wearying of the sameness of the life I have to lead, I sometimes vary my occupation by delving into the ‘Antiquities of the Law.’
“I have lately come across an old law book published in 1711, which has been several years in my library, but entirely lost sight of by me until recently.
“From that I have been compiling some articles for one of our law journals, and began the accompanying article for the same publication.
“While writing it, it occurred to me that it might be more useful, if not more interesting, to the readers of such a journal as your CATHOLIC WORLD than to those of a mere law journal; and as I abhor religious intolerance in all forms, and see so much of it in this country, I concluded to send it to you, thinking perhaps you may deem it advisable to use it.”]
ABJURATION.—The statute 35 _Eliz. cap._ 2 was made wholly against Popish Recusants convict above 16 Years of Age, enjoining them not to remove above 5 Miles from their Habitation: if they do, and not being covert (married?), nor having Land to the Value of 20 Marks _per Annum_ or Goods worth £40, they must abjure the Kingdom. _Hale’s Pl. Cr._ 228.
“Likewise upon Persons who absent themselves from Church without just Cause, and refusing to conform within 3 Months after conviction.” _35 Eliz. cap. 1._
ARMOUR.—(Recusancy was denying the Supremacy of the Queen and adhering to the Pope as Supreme Head of the Church.) “The Armour of Recusants convict shall be taken from them by Warrant from Four Justices of Peace.”
“If they conceal their Arms or give any Disturbance in the Delivery, one Justice may commit them for 3 months without Bail.” _3 Jac. cap. 5._
BAIL: When allowed or denied.—A Minister “depraving” the Common Prayer-Book, as fixed by Statute, was liable, for first offence, to commitment for 6 months; for second offence, for a year; and for third offence, for life.
“Being present at any other Form: First Offence, Commitment for 6 Months; Second Offence, 12 Months; Third Offence, for Life.”
Recusants. “Suspected to be a Jesuit, Seminary, or Priest, and being examined refuseth to answer, may be committed till he answer directly.”
“Impugning the Queen’s Authority in Ecclesiastical causes; perswading others to it or from coming to church; meeting at Conventicles, under Colour of Religion, or perswading others to meet there, commitment till they conform and make an open Submission and Declaration of their conformity.”
“Absenting from Church on Sunday, and no Distress to be had, Commitment till Forfeiture is paid.”
“Above the Age of 16, and absenting for a Month: Forfeiture 20_s._ per Month, or be committed till paid.” _23 Eliz. cap. 1._
Keeping a School Master or “any other Servant in the House, and not coming to Church for a Month, the Master of such House forfeits £10 _per_ Month.”
BLASPHEMY.—By Statute 9 and 10 _Will._, “Any Person bred in or professing the Christian Religion, and who shall, by Writing, Printing, Teaching, or advised Speaking deny any one of the Persons in the Trinity; or assert that there are more Gods than one; or deny the Christian Religion to be true, or the Holy Scriptures to be of Divine Authority, shall be disabled to have any office,” and “if convicted a second time, he shall be disabled to sue in any court, or to be a Guardian or Executor or Administrator, and be incapable of any Legacy or Gift, or of any office, and shall be committed for Three Years without Bail.”
CHURCH WARDENS.—“By Common Law they are a corporation to take care of the Goods of the Church.”
“An Attorney cannot be made a Church Warden.” _2 Roll. Abr. 272._
“He is to see that the Parishioners come to Church every Sunday and Holiday, and to present the Names of such who are absent to the Ordinary, or to levy 12d. for every offence, _per Stat. 5_ and _6 Ed., 1 Eliz. cap. 1_.”
“Arresting a Minister going to or returning from Church may be punished by Indictment or bound to Good Behaviour. The Offence is the same if a Layman be arrested. Quarreling in Church or Church Yard, if a Layman may be suspended _ab ingressio Ecclesiæ_; if a Clergyman, _ab officio_. But if a Weapon be drawn with intent to strike, the Party may be convicted, etc., and Judgment to lose one of his Ears by cutting it off, and if no Ears, to be marked in the Cheek with the Letter F.” _5_ and _6 Ed. VI. cap. 4_.
_Seats in Churches._ “The Ordinary may place and displace whom he thinks fit.”
“A Man may have a Seat in a Church appendant to his House, and may prescribe for it, etc. But one cannot prescribe to a Seat in the _Body of the Church_ generally.” _Roll. Abr., 2 Pars. 288._
“The case is the same in an _Isle of a Church_.” _2 Cro. 367._
“_Presentments_” are to be made by the Church Wardens, usually twice a year, but cannot be compelled oftener than once a year, except at the Visitation of the Bishop.
The Articles commonly exhibited to them to make their Presentments may be reduced thus, viz.:
_To Things which concern_ the Church, the Parson, the Parishioners.
_And First, to those Things which concern the Church; as_,
Alms, whether a Box for that Purpose; Assessments, whether made for repairs; Bells and Bell Ropes, if in Repair; Bible, whether in Folio; Canons, whether a Book thereof; Carpet; Chest, with three Locks; Church and Chancel in Repair; Creed in fair Letters; Cups and Covers for Bread, etc.; Cushion for Pulpit; Desk for Reader; Lord’s Prayer in fair Letters; Marriage, a Table of Degrees; Monuments safely kept; Parsonage House in Repair; Church Yard well Fenced; Commandments in Fair Letters; Common Prayer-Book; Communion Table; Flaggon; Font; Grave Stones well kept; Queen’s Arms, set up; Register Book in Parchment; Supplies, whether any; Table-cloth; Tombs well kept.
2. _Those Things which concern the Parson_:
Articles 39, if read twice a Year; Baptizing with Godfathers; Canons, if read once a Year; Catechising Children; Common Prayer, if read, etc.; Dead, if he bury them; Doctrine, if he preach good; Gown, if he preach in it; _Homilies_, if read or he preach; _January_ 30th, if observed; May 29th, if observed; Marrying privately; _November_ 5th, if observed; Preaching every _Sunday_; Peace Maker; Perambulation; Sacrament, if celebrated; Sedition, if vented; Sick, if visited; Sober Life; Surplice, if wear it.
3. _Those Things which concern Parishioners_:
Adulterers, if any; Alms Houses, if abused; Ale Houses, and in Divine Service; Answering, according to Rubrick; Baptism, neglected by Parents; Blasphemers; Church, resorting to it; Dead, if brought to be buried; Drunkards, if any; Fornicators, if any; Legacies, if any given to pious Uses; Marrying within prohibited Degrees; Marrying without Banns, Licence, or at unlawful hours; Sacraments received 3 times in a year of all above 16, whereof Easter to be one time; School, if abused; Seats, if Parishioners are placed in them without contention; Standing up; _Sundays_, working therein; Swearers, if any; Women, if come to be Churched.”
“A Warrant against one for not coming to Church.
“To the Constable, etc.: “Sussex, ss. Whereas Oath hath been made before me That J. O. of, etc., did not upon the Lord’s Day last past resort to any Church, Chapel, or other usual Place appointed by Common Prayers, and there hear Divine Service according to the Form of the Statute in that case made and provided.
“These are therefore to require you, etc., to bring the said J. O. before me to answer the Premises. Given, etc.”
“Any Man may build a Church or Chappel, but the Law takes no Notice of it as such till it is consecrated, and therefore, whether Church or Chappel, it must be tried by the Certificate of the Bishop.”
CLERGY AND BENEFIT OF CLERGY.—“Before the 20 _Ed. I._, the Clergy paid no Tenths to the King for their Ecclesiastical Livings, but to the Pope; but in that King’s reign, their Livings were valued all over England, and the Tenths paid to the King; and by the Statute 26 _Hen. VIII. cap._ 3, they were annexed to the Crown forever.”
Many of their privileges were “confirmed by _Magna Carta_, viz., _Quod Ecclesia sit libera_.”
“As to the Benefit of Clergy, it was introduced by the Canon Law, Exempting their persons from any Temporal Jurisdiction. ‘Tis a Privilege on purpose to save the Life of a Criminal in certain cases, if he was a man of learning, as accounted in those Days, for as such he might be useful to the Publick.—At first it was extended to any person who could read, he declaring that he had vowed or was resolved to enter into Orders, and the Reading was to show he was qualified.—But afterwards the reading without a Vow to enter into Orders was held good, and now ‘tis become a legal conveyance of Mercy to both Clergy and Laity.”
“But tho’ the Ordinary usually tenders the Book, the Court are the proper Judges of the Criminal’s Reading: Therefore, where the Ordinary answer _Quod legit_, the Court judged otherwise, fined the Ordinary, and hanged the Person.”
“Now, if a Man cannot read where Clergy is allowable, and ‘tis recorded by the Court _Quod non legit_: if the Offender be reprieved, the Book may be tendered to him again because ‘tis _in favorem vitæ_, for which Reason he may have it under the Gallows.” _Dyer_, 205 _b_.
“In those days, an offender might have his Clergy even for Murder _toties quoties_, but this was restrained by the statute of 4 _Hen. VII. cap._ 13, that he should have it but once. And for the better Observance of that Law, it was then provided That the Criminal should be marked upon the Brawn of the Left Thumb, that he might be known again upon a second Offence”—“which was not intended as any Part of the Judgment”—“It was only a Mark set upon the Offender that he might not have his Clergy a second Time.”
By the Common Law, “all Offenders, except in Treason against the Person of the Queen,” should have the Benefit of Clergy “and _toties quoties_; but by statute of 25 _Ed. III. cap._ 4, it was prohibited in Treasons; and by that of 4 _Hen. VII._ it is restrained to one Time, so that now (_i.e._ in 1711) there are but very few cases wherein the Common Law denies Clergy, but in many ‘tis taken away by several acts of Parliament.”
Among those from whom it was thus taken away, were Popish Recusants by act of 35 _Eliz. cap._ 1 and 2, and those who receive Priests being natives of England, and ordained by the See of Rome by act of 27 _Eliz. cap._ 2.
“In Anno 2 _Ed. VI._, the Reformers, intending to bring the Worship of God under set forms, compiled a Book of Common Prayer, which was established by Act of Parliament in that year.”
“But because several things were contained in that Book which showed a compliancy to the superstitious Humours of those times, and some Exceptions being made to it by precise Men at Home and by JOHN CALVIN abroad, therefore two years afterwards it was reviewed, in which _Martin Bucer_[31] was consulted and some Alterations were made, which consisted in adding some Things and leaving out others, as in the former Edition:
{ A general Confession
{ of sins to the daily service.
{
{ A general Absolution
{ to the truly Penitent.
{
{ The Communion to
{ begin with reading the
The { Commandments, the
Additions { People kneeling.
were, viz.: {
{ And a Rubrick Concerning
{ the Posture of
{ kneeling, which was
{ afterwards ordered to be
{ left out by the statute of
{ the 1 _Eliz._, but is now
{ again explained as in 2
{ _Ed. VI._
{ The use of Oil in Confirmation
{ and Extream
{ Unction. Prayers for
{ Souls departed.
Left out: {
{ And what tended to a
{ Belief of the Corporeal
{ Presence in the Consecration
{ of the Eucharist.”
“Afterwards, _Anno_ 5 _Ed. VI._, a Bill was brought into the House of Lords to enjoin Conformity to this new Book with these Alterations, by which all People were to come to those Common Prayers under pain of Church Censure, which Bill passed into a Law, _Anno_ 5 and 6 _Ed. VI._; but not being observed during the reign of Queen Mary, it was again reviewed by a Committee of Learned Men (naming them), and appointed to be used by every Minister, _Anno_ 1 _Eliz._, with some Additions, which were then made, viz.:
“Certain Lessons for Every Sunday in the Year, some Alterations in the Liturgy, Two Sentences added in the Delivery of the Sacrament, intimating to the Communicants that Christ is not Corporeally present in the Elements, etc. The Form of making Bishops, Priests, and Deacons was likewise added.”
“Upon these and other Statutes several Things are to be considered:
1. The Punishment of a Minister for refusing to use or depraving the Book of Common Prayer.
2. The Punishment of any other Person depraving it, and of such who shall hear or be present at any other form.
3. Who are bound to use it.
4. Who must provide it.”
The Punishment of the Minister was for 1st offence, loss of a year’s Livings and six Months’ imprisonment; 2d offence, Deprivation and Imprisonment for a Year; 3d offence, Imprisonment for Life and Deprivation.
Any other Person, for 1st Offence, six months’ Imprisonment; 2d Offence, twelve months; and 3d Offence, for Life. 5 and 6 _Ed. VI. cap._ 1.
“No Form of Prayer should be used in any Public Place other than according to the said Book.”
By Statute 3 _Jac. cap._ 4, Constables “must once a Year present to the Quarter Sessions those who absent themselves for the space of a Month from Church”; and he must levy certain forfeitures on those who keep or resort to Bowling, Dancing, Ringing, or any sport whatever on the Sabbath; and on a Butcher who shall kill or sell Flesh on that day.
RECUSANTS “are those who refuse or deny Supremacy to the Queen by adhering to the Pope as Supreme Head of the Church.”
“_Anno_ 24 _Hen. VIII. cap._ 12, Parliament prohibited _Appeals_ to _Rome_, etc.”
25 _Hen. VIII._ “The King appointed that _Convocations_ should be assembled by his Writ, and that no _Canons_ or _Constitutions_ should be contrary to his Prerogative or the Laws of the Land.”
“In the same Year an Act passed to restrain the Payment of _First Fruits_ to the Court of _Rome_.”
“In the next Year, 26 _Hen. VIII._, An Act passed by which the First Fruits of all Spiritual Livings were given to the King.”
In the same Year, “an Act passed, prohibiting _Investitures_ of Archbishops or Bishops by the Pope; but that in a Vacancy the King should send his _Letters-missive_ to a Prior or Convent, Dean or Chapter, to choose another.”
“Likewise, in the same Year, all _Licenses_ and _Dispensations_ from the Court of Rome were prohibited, and that all _Religious Houses_ should be under the _Visitation of the King_.”
And by an Act passed the same Year (viz., 1534), The King was “declared to be _Supream Head of the Church_.”
“But he did not exercise any act of that Power till a year afterwards, by appointing Sir Thomas _Cromwell_ to be his Vicar General in Ecclesiastical Matters, and Visitor of all the _Monasteries_ and other Privileged Places in the Kingdom.”
In 27 _Hen. VIII._ (1536) “all the _lesser Monasteries_, under the number of _twelve Persons_, and whose Revenues were not of the Value of £200 _per annum_, were given to the King, his Heirs and Successors; and a Court was erected on purpose for collecting the Revenues belonging to these Monasteries, which was called _The Court of Augmentation of the King’s Revenue_, who had full power to dispose of those Lands for the Service of the King.”
The officers of this Court had, among its other duties, that of inquiring “into the Number of _Religious_ in the House, and what Lives they led; how many would go into other Religious Houses, and how many into the _World_, as they called it.”
The whole of the goods thus confiscated were valued at £100,000, and the rents of these small Monasteries came to £32,000 _per annum_.
“This occasioned great Discontents amongst the people,” to appease which the King sold some of the Lands “to the Gentry” at low Rates, “obliging them to keep up Hospitality.”
“This pleased both them and the ordinary Sort of People for a little time; and, to satisfy others,” the King “continued or gave back thirty-one Houses. But these, about two Years afterwards, fell under the Common Fate of the great Monasteries, and were all suppressed with them.”
“But notwithstanding he gave back some of these Houses, yet the People were still discontented, and openly rebelled in _Lincolnshire_, which was quieted by a Pardon: There was another Rebellion in _Yorkshire_ and the Northern Counties, which ended also in a Pardon, only some of the chief of the Rebels were executed for this last Rebellion.”
Most of the Monasteries, “seeing their Dissolution drawing near, made voluntary Surrenders of their Houses in the 29th _year of Hen. VIII._, in Hopes by this means to obtain Favor of the King; and after the Rebellion, the rest of the Abbots, both great and small, did the like; for some of them had encouraged the Rebels, others were convicted by the Visitors of great Disorders, and most of them had secured all the Plate, Jewels and Furniture belonging to their Houses, to make Provision for them and Relations and then surrendered their Monasteries.”
“Afterwards, _Anno_ 31 _Hen. VIII._, a Bill was brought into the House of Peers to confirm these surrenders. There were 18 Abbots[32] present at the first Reading, 20 at the second, and 17 at the third. It soon passed the Commons and the Royal Assent; and by this Act all the Houses, etc., were confirmed to the King.”
“‘Tis true, the Hospitallers, Colleges and Chanteries, etc., were not yet dissolved.... These had large endowments to support themselves and to entertain Pilgrims,” etc.
“But notwithstanding the King was declared to be the Supreme Head of the Church, yet these Hospitallers would not submit,” etc., “and therefore, Anno 32 _Hen. VIII. cap._ 24, The Parliament gave their lands to the King and dissolved their Corporation.”
“The Colleges and Chanteries still remained; but the Doctrine of Purgatory being then grown out of Belief[33] and some of those Fraternities having resigned in the same manner as the Monasteries, the Endowments of the rest were then thought to be for no purpose, and therefore, _Anno_ 37 _Hen. VIII._, all these Colleges, Free Chapels, Chanteries, etc., were given to the King by Act of Parliament.”
“Thus in the Compass of a few years, the Power and Authority of the See of _Rome_ was suppressed in this Kingdom. And because frequent Attempts have been made to revive it, therefore, in succeeding Times, several Laws have been made to keep them in subjection.”
Among those were the following: Recusant Convict above 16 must go to his place of Abode and not remove 5 miles without license or otherwise abjure the Realm. Not departing within the time limited by the Justices, or returning without license from the Queen, was felony without Benefit of Clergy. 35 _Eliz. cap._ 2.
“To absolve or to be absolved by Bulls from the Bishop of Rome was High Treason.” 13 _Eliz. cap._ 2.
“Bringing an _Agnus Dei_ hither, or offering it to any Person to be used, both he and the Receiver incurs a _Premunire_.[34] 13 _Eliz. cap._ 2. All Armour shall be taken from Recusants by order of four Justices.” 7 _Jac. cap._ 6.
Bringing over Beads or offering them to any person, both he and the Receiver incur a Premunire. 13 _Eliz. cap._ 2.
“Two Justices may search Houses for Books and Relicks, and burn them.” 3 _Jac. cap._ 5.
“Every Popish Recusant must be buried in Church or Church yard according to the Ecclesiastical Laws, or his Executor or Administrator forfeits £20.” 3 _Jac. cap._ 5.
“Children of Recusants must be baptized by a lawful Minister, or the Parent forfeits £100.” 3 _Jac. cap._ 5.
“Popish Recusant, if he sue any person, the Defendant may plead it in Disability.”
He “shall not be Executor, Administrator, or Guardian.” 3 _Jac. cap._ 5.
A married woman, a Popish Recusant convict, “not conforming within 3 months after conviction, may be committed by two Justices until she conform, unless her Husband will pay to the King 10 shillings per month or a third part of his Lands.” 7 _Jac. cap._ 6.
“Popish Recusant marrying otherwise than according to the Forms of the Church of England shall forfeit £100. If a woman, not have her Dower or Jointure or Widow’s Estate.” 3 _Jac. cap._ 5.
“Saying Mass forfeits 200 marks, hearing it 100 Marks.”
“Jesuits, Seminary Priests, etc., and other Ecclesiastical Persons born within the Queen’s Dominions, coming in or remaining in the said Dominions, is guilty of Treason.” 27 _Eliz. cap._ 2.
“Any knowing a Jesuit or Priest to be here and not within 12 days afterwards discovering him to a Justice of Peace shall be committed and fined.” 27 _Eliz. cap._ 2.
“Per Stat. 3 _Jac. cap._ 4, to move any one to promise Obedience to the See of Rome or other Prince is High Treason in the Mover and he that promiseth Obedience.”
“Recusant Convict must not practice the Art of Apothecary, Civil Law, Common Law, Physick, or be an officer in any Court or amongst Soldiers, or in a Castle, Fortress or Ship.” 3 _Jac. cap._ 5.
“Sending Persons beyond Sea to be instructed in Popish Religion forfeits £100, and the Persons sent are incapable to take any Inheritance.” 1 _Jac. cap._ 4.
“Children shall not be sent beyond Sea without License from the Queen or six of her Privy Council, whereof the Principal Secretary of State to be one.”
“Notwithstanding all these Laws, the Parliament (11 and 12 _Will._) was of Opinion that Popery increased, and therefore to prevent its growth a Law was made That if any person should take one or more _Popish Bishop_, _Jesuit_ or _Priest_, and prosecute him till he is convicted of _saying Mass_ or exercising any other part of the Office or Function of a _Popish Bishop_ or _Priest_,” he shall have a reward of £100.
“If any Popish Bishop, Priest or Jesuit, shall be convicted of saying Mass, etc., or any Papist shall Keep School, etc., he shall be adjudged to perpetual Imprisonment in such place where the Queen by Advice of her Council shall think fit.”
“Every Papist, after the 10th of April, 1700, is made incapable of purchasing Lands, etc., either in his own Name or the name of other Person, to his use.”
THE SABBATH.—“Shoemaker putting Boots or Shoes to sale forfeits 3_s._ 4_d._ and the goods.” 1 _Jac. I. cap._ 11.
“Carriers, Drivers, Waggoners, travelling on that day forfeit 20_s._” 3 _Car. I. cap._ 1.
“Butchers killing or selling, or causing to be killed or sold or privy or consenting to kill or sell Meat on that day, forfeit 6_s._ 8_d._” 3 _Car. I. cap._ 1.
By 29 _Car. II. cap._ 7 “Public and private Duties of Piety are enjoined, all worldly business is prohibited, and all above the Age of 14 forfeit 5_s._”
“Drovers or their servants coming to their Inns on that day forfeit 20_s._”
“If the Offender is not able to pay the Forfeiture, he shall be put in the Stocks for two Hours.”
“Meeting together out of their own Parish for any Sports or Pastimes, forfeit 3_s._ 4_d._” 1 _Car. I. cap._ 1.
SACRAMENT.—“Depraving or doing any Thing in contempt of the Sacrament must be committed.” 1 _Ed. VI. cap._ 1, 1 _Eliz._ 2, 3 _Jac._ 4.
SCHOOLMASTER.—“Not coming to church or not allowed by the Bishop of the Diocese, forever disabled to teach Youth, and shall be committed for a year without bail.” 23 _Eliz. cap._ 1.
TYTHES.—“A canon was made _Anno_ 1585 for payment of Tythes as founded on the Law of God and the ancient Custom of the Church.”
“When Glanville wrote (about 1660), a Freeholder was allowed to make a Will, so as he gave the best Thing he had to the _Lord Paramount_, and the next best to the _Church_.”
“They are said to be Ecclesiastical Inheritances collateral to the Estate of the Land, out of which they arise, and are of their own Nature due only to Spiritual Persons.”
Certain Lands were, however, exempt. “Most orders of Monks were first exempted; but in time this was restrained to three orders—Cistertians, Hospitallers, Templars.”
DISSENTERS.—After the various laws against “Popish Recusants,” as they were called, had had the effect of rendering somewhat firm the establishment of the English Protestant Church, and about the time of the reign of Queen Elizabeth, a new trouble arose from those who dissented from that church, in its forms and in some of its principles, and government then began to interfere with them.
In the 1st Year of the reign of William and Mary these “Dissenters” were exempted from the statutes of 1 _Eliz. cap._ 2, 23 _Eliz. cap._ 1, 3 _Jac. cap._ 4, above mentioned. “But they must not assemble in Places with Doors locked, barred, or bolted, nor until the place is certified to the Bishop of the Diocese or to the Arch Deacon or to the Justices at the Quarter Sessions, and registered there and they have a certificate thereof.”
Their Preachers must declare their Approbation, and subscribe the “Articles of Religion,” except the 20th, 34th, 35th, and 36th articles, and must take the oaths and subscribe the Declaration prescribed Dy certain statutes, and that at the Quarter Sessions where they live.
So that, from the reign of Elizabeth, through the reign of James I., and until the the troubles which ended in the civil war and the Protectorate of Cromwell, Dissenters were subject to many of the restrictions which had been imposed on the Roman Catholics; and even when those troubles finally ended in the flight of James II., and the elevation of William and Mary to the throne, freedom of religion was not allowed to the Dissenters, but they were permitted to enjoy their dissent from the forms and ceremonies of the Church of England only by declaring their assent to many of its most important tenets of faith or doctrine.
The oaths of allegiance and supremacy enjoined by the statutes of _1 Eliz._ and _3 Jac._ were abrogated by the Statute of _1 Will., and Mar. cap. 8_, and the following substituted:
“I, A. B., do sincerely promise and swear that I will be faithful and bear true allegiance,” etc.
“I, A. B., do swear that I do from my Heart abhor, detest and abjure as Impious and Heretical, that damnable Doctrine and Position that Princes excommunicated or deprived by the Pope or any authority of the See of Rome may be deposed by their subjects or any other whatsoever; and I do declare that no Foreign Prince, Person, Prelate, State or Potentate, hath or ought to have any Jurisdiction, Power, Superiority, Pre-eminence or Authority, Ecclesiastical or Spiritual, within the Realm. So help me God.”
JOSEPH IN EGYPT A TYPE OF CHRIST.
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The Catholic World, Vol. 17, April, 1873 to September, 1873Chapter V: Front Matter (5)
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