Chapter II: Parish Finance (2)

[52] Numerous other presentments at visitations for failure to supply the requisites for worship besides those adduced in the text will be found in Hale, _Crim. Prec_., 173 (A warden failing to supply the elements for communion, 1579-1580) _Ibid_., 154 ("The rode lofte beame, the staieres of the rode loft standinge, the churche lacketh whittinge to deface the monuments." 1572), etc. _Barnes' Eccles. Proc_._, 115 ("The Degrees of Mariage" and "the Postils" lacking. 1578-1579). _Warrington Deanery Visit_., 189 ("Cloth for the communion table." 1592). Visitation of Manchester Deanery in 1592 by the Bishop of Chester in _Lancashire and Cheshire Antiquarian Soc. Tr_., xiii, 58. (Communion cup lacking). _Ibid_., 62 ("Noe fonte," and christenings in "a bason or dish"). This source hereinafter cited as _Manchester Deanery Visit_.

[53] Hale, _Crim. Prec_., _s. a_. 1587 (21st June).

[54] _Manchester Deanery Visit_., 66 (1592). Cf. _Canterbury Visit_., xxv, 23 (1600).

[55] Hall, _Crim. Prec_., 13 (1598).

[56] _Warrington Deanery Visit_., 189.

[57] _Manchester Deanery Visit_., 69.

[58] _Ibid_. Then as now the ale-house was the strongest rival of the House of God. A very common class of offenders were those who would not leave their ale cups to go to service (see authorities cited, _passim_). Men were also great gossipers ("common talkers") in the churchyard, as a number of presentments show.

[59] Order of the archdeacon, Essex Archdeaconry, to the wardens of St. Peter's and of All Saints. Maldon, in 1577, Hale, _Crim. Prec_., 158. For refusing to keep her seat in church according to this order Elizabeth Harris was presented the next year, Hale, _loc. cit_., 171.

[60] The vestry of St. Alphage's (G.B. Hall, _Records of St. Alphage, London Wall_, 31) grew highly indignant in Aug., 1620, when the business of seating the parishioners came up for discussion, that a Mr. Loveday and his wife should presume to sit "togeather in one pewe and that in the Ile where men vsually doe & ere did sitt; we hould it most ynconvenyent and most vnseemely, And doe thinke it fitt that Mr Chancellor of London be made acquainted w[i]th it [etc]..."

[61] Hale, _Crim. Prec_., 241-2: "_Contra Hayward, puellam. Presentatur_, for that she beinge but a yonge mayde, sat in the pewe with her mother, to the greate offence of many reverend women." The child (as the vicar who made the presentment continues should have sat at her mother's "pewe dore." 1617). Cf. _Barnes' Eccles. Proc_., 122-3 (Janet Foggard cited for that "she beinge a yonge woman, unmarried, will not sit in the stall wher she is appointed ..."). Cf. Hale, _op. cit_., 210 (One Clay and his wife "will not be ordered in church by us the church wardens [etc.]..". 1595).

[62] Examples will be found in the act-books cited _supra_.

[63] Hale, _Crim. Prec_., 149 (1566). Cf. _ibid_., 163 (The divine service not "reverently, plainelye and distinctlye saide..." 1576).

[64] Hale, _op. cit_., 182 (1584). Cf. Whitgift's _Articles for Sarum diocese_ in 1588, art. viii: "Whether your ministers used to pray for the quenes majestie ... by the title and style due to her majestie." Cardwell, _Doc. Ann_., ii, 14.

[65] _Dean of York's Visit_., 320 (1596).

[66] Hale, _op. cit_., 159 (1575).

[67] 3 _Rep. Hist. MSS. Com_., 275 (A vicar presented by churchwardens in the commissary's court at Poddington-apud-Ampthill for not catechising the youth, etc., though required to do so by one of the wardens. 1616). For not presenting their minister when he neglected to catechise on the Sabbath, the wardens of St. Mary Woolchurch Haw, London, had to pay divers fees to the chancellor. Brooke and Hallen, _Registers of St. Mary Woolchurch Haw_ (1886), Wardens Acc'ts, _s.a._ 1593.

[68] Accordingly, by a later entry in the book we see that the warden brought in court a certificate that the surplice had been bought and worn by the vicar. _Manchester Deanery Visit_., 59. For a precisely similar injunction see _ibid_., 62 (Wardens of Eccles).

[69] See p. 15 _supra_.

[70] For presentments of vicar's (etc.) offences see pp. 31 ff. _infra_.

[71] L.G. Bolingbroke; _The Reformation in a Norfolk Parish, Norf. and Norw. Arch. Soc_., xiii, 207-8 (1593).

[72] _Dean of York's Visit_, 231 (1594).

[73] _Ibid_., 315. See also _ibid_., 225 and 229.

[74] _Ibid_., 339 (1602).

[75] See _Queen's Inj. of_ 1559, art. xviii. Also art. xviii of Archbp. (of York) Grindal's Inj. of 1571, _Parker Soc., Remains of Grindal_, 132. Also Cardwell, _Doc. Ann_., i, 337, etc. For the enforcing of the obligation by the ordinary, see numerous examples in _Canterbury Visit_., xxv, 22 (1585); 32 (Controversy in 1584 between two parishes as to bounds); 37 (1594). Also _ibid_., xxvi, 24, 25, _et passim_. Other examples in Hale, _Crim. Prec_., 162, where a parishioner of Burstead Parva (Essex) is cited at a visitation for ploughing up a dole (a balk or unploughed ridge), which marked the boundary line between Burstead and Dunton parishes. Cf. _Canterbury Visit_., xxv, 15, where three parishioners are presented for covering up a parish procession linch (1617).

[76] See, _e.g_., A.G. Legge, _North Elmham_ (Norfolk) _Acc'ts_ (1891), 76 (1562), 82 (1566 and 1567). Melton Acc'ts in _Leicest. Archit. and Arch. Soc_., iii, 192 (1566). Ludlow Acc'ts in _Shrop. Arch. Soc_., 2nd ser., i, _s.a._ 1601-2, etc.

[77] In this year the 39 Eliz. c. 3 was enacted which instituted overseers of the poor nominated by the licence of the justices, and placed wholly under their supervision. In spite of the provisions of an earlier act (14 Eliz. c. 5) giving the justices power to appoint, or see collectors appointed, the ecclesiastical courts rather than the justices, as the act-books show, seem to have looked after the matter. See, _e.g., Manchester Deanery Visit_., 57, 59, 60, 62, 63, 64, 68, etc. Also _Warrington Deanery Visit_., 184, 186, 187, 191, etc. Cf. the item in the Ludlow Acc'ts, _Shrop. Arch. Soc_., i, _s.a._ 1586-7, where is recorded an expense item for a payment to "Mr. Chauncelor" for entering a presentment for collections for the poor.

[78] See act-books above cited. Also Hale, _Crim. Prec_., 165, _et passim_. _Barnes' Eccles. Proc_., 118, _et passim_. _Norf. and Norw. Arch. Soc_., xiii, 207-8 (Great Witchingham wardens).

[79] Stanford (Berks) Accounts, _Antiquary_, xvii (1888), 169 (Expenses to Oxford "to speke with [the] ... Archedyacon for caryeng a strem[e]r in Rogacion weke." 1564). Hale, _Crim. Prec_., 150 (Wearing of surplice on same occasion. 1567); 152 (_Do_. 1572). Cf. Grindal's Inj. at York, 1571, in Cardwell, _Doc. Ann_., i, 337.

[80] Melton Acc'ts, _ubi supra_, 192 ("Beyng somonyd ffor Ryngng off all Hallodaye att nyght." 1566). Halesowen Acc'ts in T.R. Nash, _History and Antiq. of Worcestershire_, ii, App., p. xxx (1578). Stanford Acc'ts, _ubi supra_, 169 (1566). _Manchester Deanery Visit_., 64 (Wardens of Manchester "ringe more than is necessarie at Burialls..."). Cf. Canons of 1571, Cardwell, _Syn_., i, 124 (Ordained that wardens must not suffer "_campanas superstitiose pulsari, vel in vigilia Animarum, vel postridie Omnium Sanctorum_...").

[81] Accordingly some seven weeks later the wardens (or rather their successors) appeared again and reported that the rate had been laid, but not gathered. The court granted them a further space to buy the implements. Hale, _Churchwardens' Prec_., 2-3 (1583/1584). Similar examples abound in Archdeacon Hale's work, just cited, which covers the period 1557 to 1736.

[82] _Ibid_., 4 (1584). For other cases see _passim_.

[83] Hale, _Churchwardens' Prec_., 98 (1601). Burn, _Eccles. Law_, i, 268 (citing Gibson, _Codex_, 196, and 1 Bacon, _Abridg_., 373), says that if no parishioners appear at a meeting duly called for the purpose of assessment," the churchwardens alone may make the rate, because they and not the parishioners are to be cited and punished in defect of repairs." To these words should be added the qualification that the parishioners _were_ sometimes collectively punished, viz., by interdiction of their church. Thus in St. Alban's archdeaconry the parishioners of Redbourn were directed through the wardens to make a rate to levy £60 "_sub pena interdictionis eccl[es]ie sue a divinoru[m] celebratione et sacramentaru[m] et sacramentaliu[m]_...[etc]." Hale, _op. cit_., 89 (1599). In Jan., 1599/1600; we find Shoreham Vetera in Lewes archdeaconry interdicted, and one of its wardens appearing, "_humil[ite]r petijt interdicc[i]o[n]em ... emissam pro defect[u] eccle[s]ie ruinos[e] ... revocari ..._" in order that time might be given him to call together the tenants and owners of land in the parish and outlying districts as well as "strangers" who held lands in the parish. _Ibid_., 111-12. In 1603 the wardens of Northawe are to see a levy made "_sub pena interdicti_." _Ibid_., 90. Cf. pp. 36-7.

[84] Examples are: Hale, _Crim. Prec_., 189 (Mucking, Essex, wardens. 157-6/7). _Ibid_.,199 (East Horndon, Essex, wardens confess they have not accounted "by reason the parishioners will not come to recken with them." They are warned to make their account and if the parishioners will not audit it, to exhibit it at the next court. 1590). _Ibid_., 222 (Several parishioners presented for "not receiving" a warden's account. They plead that he was not chosen to be warden by their parson. 1600). See also _Canterbury Visit_., xxvi, 20, 21, also _Ibid_., xxvii, 220, _et passim. Dean of York's Visit_., 335.

[85] "The cases in which the advowson of the parish belonged to the inhabitants, though more numerous than is often supposed, were distinctly exceptional." Beatrice and Sidney Webb, _Local Government, the County and the Parish_ (1906), 34 _note_.

[86] On the distinction between rector, vicar, curate, etc., see Felix Makower, _The Constitutional History and Constitution of the Church of England_ (Engl. trans. 1895), 334-7. Also Rev. W.G. Clark-Maxwell in _Wilts Arch_., (etc.) _Mag_., xxxiii (1904), 358-9.

[87] _E.g._, the Canons of 1571, sec. _De Episcopis_, required that the bishops ordain no one except such as had a good education and were versed in Latin and the Holy Scriptures. Nor was a candidate to be admitted to orders "_si in agricultura vel in vili aliquo et sedentario artificio fuerit educatus_."

[88] Of some 8,800 parish churches in England in 1601 only 600, it was computed, afforded a competent living for a minister. Dr. James in debate in Parliament November 16th, 1601. Heywood Townshend, _Historical Collections or Proceedings in the last Four Parliaments of Elisabeth_ (ed. 1680), 218-19. Sir S. D'Ewes, _The Journals of all the Parliaments during the Reign of Elizabeth_ (ed. 1682), 640. How this came about see White Kennett, _Parochial Antiquities_ (ed. 1695), 433-45.

[89] Examples will be found in the churchwardens' accounts of the period, the _Morebath_, (Devon) _Acc'ts_ for instance, which have been transcribed _in extenso_ up to 1573 by Rev. J. Erskine Binney (Exeter, 1904). The garrulous old vicar here, Christopher Trychay, who wrote the parish accounts himself for more than a generation, and always punctiliously styled himself "Sir," is a fascinating figure. Thanks to his chatty explanations on all subjects, bits of the daily life of this little Devonshire parish from Henry VIII's, from Edward VI's, from Mary's, and from Elizabeth's reigns are brought down to us with great vividness. Cf. James Stockdale, _Annals of Cartmel_ (1872), 58-9 (Custom of addressing minister as "Sir" lingering down to nineteenth century in Lancashire).

[90] Lambard, _Duties of Constables, Borsholders_, etc. (ed. 1619 frequently made an appendix to his _Eirenarcha_), 67, says: "The ... Lawes, hauing imployment of many to make, hath borrowed some use in a few easie matters of spirituall Ministers, chiefly for the helpe and readinesse of their pen, which in many Parishes few, or none (besides they) can serue withall."

[91] _Canterbury Visit_., xxv, 22 (1590); 23 (1593). _Dean of York's Visit_., 231 (1594); 315 (1595).

[92] _Warrington Deanery Visit_., 184 (Farmer of advowson not repairing chancel); 186 ("Wm. Brereton of Hareford, Esquire," _ditto_); 188 (Executors of will of the late rector, _ditto_); 191 (Rector of Warrington); 192 (Rector of Wigan). _Canterbury Visit_., xxv, 32 (Dean and Chapter of Christ Church. 1583); 26 ("Mr. John Smyth, Esquire"). For not keeping in repair vicarages, barns, dove-houses, etc., see _ibid_., xxvi, 20, 32. Also _ibid_., xxvii, 222, etc.

[93] Hale, _Crim. Prec_., 160 ("_Dominus injunxit dicto_ Simpson [rector of Pitsea, Essex] that he shall procure iiijor sermons in the yeare ..." 1575-6). _Canterbury Visit_., xxvi, 44 (Wardens present "they have no quarter sermons"). _Ibid_., 213 (1569); 214 (1574); 222 (1600). _Dean of York's Visit_., 222 (Wardens present "Mr. Deane for want of the quarter sermons." 1592). _Canterbury Visit_., xxv, 43 ("Sir Wm. Baldock our Vicar, himself unlicenced to preach, doth not provide a preacher for the sermons appointed by her Majesty's Injunctions." 1593). The _Queen's Injunctions of_ 1559, art. iv, provided that parsons should preach in their own persons at least one sermon in every quarter of the year.

[94] _Canterbury Visit_., xxv, 22, 23 (two examples). _Ibid_., vol. xxvi, 31, 44, 222, 319, etc. See _Queen's Injunc_. of 1559, art. xi.

[95] See authorities above cited. Whether the incumbent kept hospitality was a standing article of inquiry in the visitations of the period; _e.g_., Grindal's Metrop. Visit. Art of 1576, _Remains of Grindal, Parker Soc_., 157 ff.

[96] _Manchester Deanery Visit_., 63 ("They [ministers of Manchester] be nott dutifull in visitinge the sicke").

[97] "And if the churchwardens and swornmen be negligent, or shall refuse to do their duty ... ye shall present to the ordinary both them and all such others of your parish as shall offend...." Archbp. Grindal's Inj. at York, 1571, _Remains of Grindal, Parker Soc_., 129.

[98] Or judge acting by delegation from the ordinary.

[99] "Against the Reader [of Denton Chapel] ... doth not Reade the Injunctions...." _Manchester Deanery Visit_., 60. "_Qui_ [wardens of Belby] _dicunt_, the Articles being diligentlie redd unto them [etc.]..." _Dean of York's Visit_., 221 (1591). _Ibid_., 341. Cf. _Queen's Inj. of_ 1559, Art. xiv.

[100] Hale; _Crim. Prec_., 193. Cf. Grindal's Inj. at York, 1571: "Ye [the ministers] shall openly every Sunday ... monish ... the churchwardens and sworn men of your parish to look to their oaths [etc.] ..." _Remains of Grindal_, 129. Also Whitgift's _Articles_ of 1583, Cardwell, _Doc. Ann_., i, 406 (Ministers to warn parishioners once a month to repair to church).

[101] _Canterbury Visit_., xxv, 36.

[102] Cf. Canons of 1597: "_De recusantibus et aliis excommunicatis publice denunciandis_." Cardwell, _Syn_., i, 156. Also _Croke's Eliz. Rep_., Leache's ed. (1790), i, Pt. ii, 838, where a plaintiff sues for damages because defendant, a curate, maliciously erased the original name in an instrument of excommunication and inserted plaintiff's name, "and read it in the church, whereupon he was inforced to be absent from divine service, and to be at the expence to procure a discharge for himself" (1599). _Canterbury Visit_., xxvii, 219 (Rector of Swalecliffe presented for keeping back and not announcing excommunications "sent out of this court." 1596).

[103] _Canterbury Visit_., xxvii, 219 (Rector suffering excommunicates to come to his church during service). See also _infra_, p. 47.

[104] Canons of 1585 and 1597, Cardwell, _Syn_., i, 144 and 155-6 respectively.

[105] See in Hale, _Crim. Prec_., 206-7, the elaborate formula of confession prescribed for Wm. Peacock of Leighton, Essex, in 1592. He was to "publiquely after the minister ... confesse [etc.] ..."

[106] Hale, _op. cit_., 160 (Margaret Orton's penance for adultery. "And ther was redd the firste parte of the homilie againste whoredome & adulterie, the people ther present exorted to refraine from soche wickedness...").

[107] See pp. 12-13, and p. _27, supra_.

[108] _Barnes' Eccles. Proc_., 114 (Parishioner in a Durham parish presented for absenting himself "twice at morning prayer, and verrey often at eveninge prayer." 1579). Houghton-le-Spring Acc'ts, _s.a._, 1596, _Surtees Soc_., lxxxiv (1888), 271 (Giving in a bill of presentment for those absent from morning and from evening prayer).

[109] _Canterbury Visit_., xxvii, 221 (Four persons cited "for that they dwell so far from their own Church come now to the Parish Church of Westbere." 1569). _Ibid_., xxv, 21 (Two men presented for not attending their parish church "being two miles off, but go to the next Parish Church." 1569). _Ibid_., 23 (1600). _Op. cit_., xxvi, 46 (Presentment of one who had often to be absent from his parish on business. 1593). _Dean of York's Visit_., 227 (Attending another church for fear of arrest for debt in his own. 1594).

[110] See in Daniel Neal, _History of the Puritans_ (J. Toulmin's ed., Bath, 1793-7), i. 413-17, contemporary (1585-6) statistics for the licenced preachers of nine counties. See also J.C. Cox, _Three Centuries of Derbyshire Annals_, i, 245 (Only 82 clergymen licenced to preach out of a total in the diocese of Lichfield of 433, according to a document _circa_ 1602).

[111] For such a permit to hear preaching elsewhere, see Hale, _Crim. Prec_., 189 (Six parishioners of Shopland (Essex) authorized by the archdeacon to repair to a neighboring church for a sermon when there is no preaching in their own, but only two permitted to leave their own services at any one time. 1586-7).

[112] Hale, _ibid_., 187-8.

[113] 1 Eliz., c. 2, sec. iii, _ad finem_.

[114] See 23 Eliz. c. i, sec. iv (Forfeiture of £20 for every month's forbearance from church attendance). Cardwell, _Doc. Ann_., i, 406 (Whitgift's _Articles of 1583_; minister and wardens to diligently observe those absenting themselves for the space of a month, according to 23 Eliz. [_supra_] in order that they may be presented as recusants to the justices at quarter sessions). See also in _Roxburghe Ballads_ (1871), i, 118, a ballad written _circa 1620_ which tells us: "There be diuers Papists, That to saue their Fine, Come to Church once a moneth, To heare Seruice Diuine. The Pope giues them power, As they say, to doe so; They saue money by't too, But I know what I know." Cf. _Canterbury Visit_., xxv, 27 (Presentment "that he is a negligent comer to our Parish Church, being not able to pay the forfeiture." 1597). _Ibid_., xxvii, 223 ("John Wilkins be slothful in coming to the Church, and because he is a poor man we cannot take the fine of twelve pence." 1578). Also _ibid_., xxvi, 46 (Humphrey Watts coming sometimes but once a month to church).

[115] _Canterbury Visit_., xxvi, 18 (One Deal presented for keeping a schoolmaster, "and also being a victualler, suffereth him to remain in his house and not frequent Divine Service on the Sabbath Day." 1580).

[116] _Warrington Deanery Visit_., 191 (One Motley "married not known where"). See other visitations, _passim_.

[117] _Warrington Deanery Visit_., 192 (Four persons presented from Wigan for marrying without banns); 189, _et passim_.

[118] _Ibid_. 184 (A child not baptized at the parish church); 189 ("A child christened, and not known where"); 190 (Same). Hale, _Crim. Prec_., 216 ("Keeping her child unbaptized a whole moneth." 1597). _Ibid_., 183 (Curate of Blackmore, Essex, suspended from the celebration of the rites because "there was tow children... which died unchristened by his necligence." 1584).

[119] _Warrington Deanery Visit_., 189; 190 ("His wife churched not known where"). Hale, _ubi sup_., 167.

[120] _Warrington Deanery Visit_., 185 (Office of judge against James Woswall: "His children come not to bee catechised"). See Canons of 1571 (Parents and masters to be presented for not regularly sending children or apprentices to learn the catechism), Cardwell, _Syn_. i, 120.

[121] See _Queen's Visit. Art. of_ 1559 in Cardwell, _Doc. Ann_., i, 211. Hale, _Crim. Prec_., 226 (One Robinson presented for not going to his minister to be examined in the principles of religion of which he was ignorant). _Barnes' Eccles. Proc_., 122-3 (An offender "lackeinge the catechism dyde thrust in amongest others and receyvid ..." Another was "repulsed from the Communion because he coulde not saye the 10 commaundements, in whome we can perceyve no towardnes to learne them"). Also Hale, _ubi supra_, 146, 159, etc.

[122] Presentments for not receiving are numerous in the act-books. A few references are, _Dean of York's Visit_., 219 ff. _E.g._, at Goathland 20 persons are presented by name. See also Hale, _Crim. Prec_., 163, 171, 176, etc., and the other act-books heretofore cited. Also canons, injunctions and visitation articles of the time, _e.g_., Canons of 1571 (Vicars, etc., to present all over fourteen who have not received) in Cardwell, _Syn_., i, 120. Grindal's Inj. for York, 1571 (All above fourteen to receive in their own churches at least three times a year), Cardwell, _Doc. Ann_., i, 336.

[123] See Heywood Townshend, _Proc. in the Last Four Parl. of Eliz_., Debates, _passim_.

[124] J.E. Foster: _Ch'wd'ns Acc'ts of St. Mary the Great_, Cambridge (1905), 225 (Item for paper book to write in all names of the parish at Easter. 1590-1). _Ibid_., 202 (Item to a scribe for writing names of communicants). Thos. North, _Chronicle of St. Martin, Leicester, Ch'ivd'us Acc'ts_, 171 (Item same as above. 1568-9).

[125] E. Freshfield, _Vestry Minutes of St. Christopher-le-Stocks_, Append., 71.

[126] _Ibid_., 7. For similar vestry orders see _Vestry Minutes of St. Margaret, Lothbury_, London (also edited by Dr. Freshfield), pp. 1 (1571) and 15 (1583). Also G.W. Hill and W.F. Frere, _Memorials of Stepney Parish_, 43 (1602), and 51 (1605/6).

[127] Burn, _Eccles. Law_, i (ed. 1763), 274, _sub voce_ Church, says: "And if any of the parishioners refuse to pay their rates, being demanded by the churchwardens, they are to be sued for, and to be recovered in, the ecclesiastical courts, and not elsewhere."

[128] _Memorials of Stepney_, 51. Cf. _Acts of the Privy Council_ (ed. Dasent), xxii, 482-3 (A tenant refusing a customary payment for church repair, presented by "the generall consent" of the parishioners of Lewesham to the commissary's court. He removes the cause to Star Chamber "to the extreame chardgis, trouble and hinderance" of one of the wardens, to the encouragement of like offenders, and to the "utter ruin and decaie" of the church. 1592). The source last quoted hereinafter cited as A.P.C., xxii (etc.).

[129] Besides the order just mentioned, the Stepney vestry had three years before ordained concerning their wardens that these were "to shew how they haue p[re]sented them [old dues in their books], Otherwise the said churchwardens shalbe charged to pay those Arrearages as shall remayne so vnpaid and not p[re]sented by them." _Op. cit_., 43.

[130] Art. xxi, Cardwell, _Doc. Ann_., i, 326.

[131] _Leicest. Archit_. (etc.) _Soc_., iii, 204.

[132] J.H. Butcher, _The Parish of Ashburton in the 15th and 16th Centuries_ (1870), 42. See also _ibid_., 40 and 49. Also H.J.F. Swayne, _Acc'ts of St. Edmund and St. Thomas, Sarum_ (Wilts Rec. Soc. 1896), introd., p. xxv, and p. 317.

[133] Hale, _Churchwardens' Prec_., 4-10, 5th to 8th March, 1607-8. Cf. _ibid_., 16.

[134] Hale, _op. cit_., 109-110.

[135] _Canterbury Visit_., xxvii, 218. Authorization to tax the land is not asked for in express terms, but seems to be implied. In other cases it is clear that a warrant was given for the assessment of lands, _e.g_., Hale, _Churchwardens' Prec_., 4 (A warden of Chelmsford, Essex, to appear in court "for a warrant for seassment of the landes." 1584). Sometimes the rates made were offered in court to be confirmed, Hale, _ibid_., 8 (A rate "offered" to the judge at Stratford at Bow. 1607). _Canterbury Visit_., xxv, 14 (A rate, subscribed by the boards of the parishioners, "and certified under Mr. Doctor Newman's own hand." 1613).

[136] _Canterbury Visit., ubi supra_.

[137] Hale, _Churchwardens' Prec_., 90-1 (1603).

[138] _Canterbury Visit_., xxvii, 223 (1569). Cf. _ibid_., 214. Also _ibid_., xxvi, 18 (Three persons presented who will not "pay to the poor mens' box." 1574).

[139] Hale, _Crim. Prec_., 149 (1566). Cf. _ibid_., 176 ("Detected for beinge an uncharitable person & for not gevenge to the poore & impotent..." 1583). _Ibid_., 208 (One Crisp detected for not paying his accustomed "offering" for himself and wife to the minister at Easter. 1593).

[140] _Dean of York's Visit_., 229 (1595). _Ibid_., 214 (Similar presentment, 1570). _Ibid_., 335 (_Same_. 1600). _Ibid_., 223 (Bellman's wages).

[141] _Canterbury Visit_., xxvi, 22 (1598).

[142] _Ibid_., 20 (1592).

[143] _Ibid_., 21 (1596), 44. _Op. cit_., xxv. 32 ("We do suppose that [name] ... doth keep back from us a certain sum ... given by will to the use of the Church ... and we know not how we may come by the same, unless your Worship's aid be ministered unto us in that behalf." 1581). _Ibid_., 22, 23, 26 etc.

[144] _Op. cit_., xxvii, 219 (1569). _Op. cit_., xxv, 14 (Keeping church ewes and not paying rent for them. 1613).

[145] _Op. cit_., xxvi, 33 (1605).

[146] _Ibid_., 39 (1600). _Ibid_., 31.

[147] _Op. cit_., xxvii, 224 (1584).

[148] _Op. cit_., xxv, 13 (1600).

[149] _E.g._, Hale, _Crim. Prec_., 221 (1599).

[150] _Dean of York's Visit_., 333 (Church house. 1601). _Ibid_., 214 (Churchyard fence. 1570).

[151] The higher nobility excepted.

[152] Cardwell, _Syn_., i, 128.

[153] _Barnes' Eccles. Proc_., 19.

[154] See, _e.g., op. cit_., 42-45 (5 schoolmasters mentioned by name at Allhallows, Newcastle; 4 at St. Nicholas). In Durham city "_sub-pedagogi_" are also spoken of in the various wards.

[155] _Op. cit., passim_. Other examples will be found in _Dean of York's Visit_., 225, 229 etc. Hale, _Crim. Prec_., 154, 184-8 (John Leache's case. 1584-6), 190, 198 (One Dawe's wife teaches without a licence. Warned not to teach any "man child above the age of x yeres, untyll she shall be lawfully licenced." 15-89/90). _Canterbury_ Visit., xxvi, 20, 21, 25, 31, etc.

[156] See J. Cordy Jeaffreson, _A Book about the Clergy_, ii, 58.

[157] Cardwell, _Doc. Ann_., i, 176 and 182.

[158] See also Archbishop Parker's and other commissioners' precept to churchwardens and others in June, 1571 ("And that in no wise ye suffer any person publicly, or privately to teach, read or preach ... unless such be licenced [etc.] ... as you and every one of you will answer to the contrary"). _Corresp. of Archbp. Parker, Parker Soc_., 382-3. Cf. also Archbp. Whitgift's 'Commission' to the ministers and churchwardens of London, Aug., 1587, forbidding "that they ... do suffer any to preach in their churches or to read any lectures [etc.] ..." Neal, _History of the Puritans_, (Toulmin's ed. 1793), i, 428.

[159] _E.g._, Hale, _Crim. Prec_., 188 ff. (Leach, a schoolmaster, was cited for catechizing and preaching, being unlicenced. He was strictly warned by the judge not to "use any private lecture or expositions of Scripture or catechisinge of his schollers in the presence of anye ... not ... of his owne howse-hold [etc.]." 1586-7). Ibid., 202 (A curate detected for preaching without a licence. He confessed "that he hathe expounded" a little on the text, "but wold that Mr Archdeacon would appoint some time that he might preache before his wor[ship], and yf he should accepte of him, he would request his wor[ship] to be meanes unto my Lord of London that he may be licenced to preache." 1591). W.H. Overall and A.J. Waterlow, _St. Michael's, Cornhill_, (London) _Acc'ts_ (1869), 176 ("Paide to Mr. Sadlor for avoidinge one excommunication for suffering a Preacher to preache in o[u]r Churche, being unlycenced, iij s. viij d." 1587-8).

[160] In 1585 the wardens of Pittington (Durham) are "commanded to bye for everie person in our parish a booke ..." _Surlees Soc_., lxxxiv, 19. Examples taken promiscuously from the wardens accounts of the day are: "paid for three prayer books for the good successe of the French Kinge;" "paid for a prayer of thankes gevinge for ye over throwe of the Rebelles in the North." In many accounts occur items for books of prayers "for the Earthquake," or "against the Turke," or "Omelies against the rebells," or "in plague tyme," etc.

[161] A number of ballads dating from the reigns of Elizabeth and James have been very recently (Oxon. 1907) published by Mr. Andrew Clark under the title of _Shirburn Ballads_.

[162] One of the earliest orders of the High Commissioners preserved dates from 1560 and directs the Wardens of the Stationers to stay certain persons from the printing of primers and psalters in English and Latin, for which printing one Seres had obtained a monopoly. C.R. Rivington, _The Records of the Worshipful Company of Stationers_ in _London and Middlesex Archæol. Soc. Tr_., vi, 302.

[163] "_A writing of the bishops in answer to the book of articles offered the last session of parliament anno reginæ_ xxvii [etc.]." So called by Strype, but assigned by Dr. Cardwell to a date later than 1584. Cardwell, _Doc. Ann_., i, 426. "Excommunication" in the act-books and elsewhere almost invariably refers to the lesser excommunication.

[164] Thus he could not receive communion, be married, stand as godfather, etc. Burn, _Eccles. Law_, i, 252-3. Compare _Antiquary_, xxxii (1896), 143 (Penance and heavy costs for a man who "being excominecated ... ded preseume to marye before ... he was absolved." 1583). Also Hale, _Crim. Prec_., 223 (Presentment of an excommunicate for marrying. 1600).

[165] See Hale., _op. cit_., 198 (Archdeacon's instructions to a curate in 1589). _Ibid_., 200 (Minister stopping service as an excommunicate would not leave. 1590). _Hist. MSS. Com. Rep. Var. Coll_. (1901), 78 (Complaint by a vicar to Wilts quarter sessions that an excommunicate tried to remain at service. 1606). _Associated Architectural Soc. Rep_., (etc.), xxxiii, Pt. ii (1897), 373-4 (Device of procuring an excommunicate to enter church and interrupt service so certain youths could continue their morris-dancing, 1617). Chelmsford Acc'ts, _Essex Arch. Soc_., ii, 213 (Item for "carrying Roger Price out of the Church, he being exc[mmunicated]..." 1632).

[166] See Canons of 1597, Cardwell, _Syn_., i, 156. Burn, _op. cit_., 457-8. For such a sentence see E.H. Chadwyck Healey, _Hist. of West Somerset_ (1901), 184 (Archdeacon of Taunton requiring a minister to denounce solemnly three obstinate excommunicates, and to warn all good Christians not to eat or drink, buy or sell, or otherwise communicate with them under the pains of being themselves excommunicated. 1628).

[167] Thus those who talked with him, ate at the same table with him, saluted him, or gave anything to him were themselves _ipso facto_ excommunicate. See Reeve, _Hist. of English Law_ (Finlayson's ed.), iii, 68. If such an excommunicate brought an action at law, the defendant could plead in bar the excommunication. The testimony of such a man was not admissible in court. Finally, he could not be buried in the parish churchyard nor could services be performed over his body. Burn, _loc. cit., supra_.

[168] See the case of Kenton v. Wallinger, 41 Eliz., _Croke's Eliz. Rep., Leache's ed_., Pt. ii, 838. This has already been mentioned on p. 33, note 102. In the Leverton, Lincoln, Overseers for the Poor Acc'ts, there occurs, _s. a_. 1574 an item of 7s. given to John Towtynge "for the discharge of ... his excomynacion," and the next year a sum of 2s. 6d. given to a woman for a like discharge. _Archæologia_, xli, 369-70.

[169] Whereby any but a perjured man would be forced to incriminate himself.

[170] Cf. Maitland, _Canon Law in the Church of England_, chapter, "The Pope the Universal Ordinary." For proceedings by High Commissioners see Stubbs in _Eccles. Courts Com. Rep_. to Parliament (1883), i, Hist. Append., 50.

[171] As to the expense in suing out the writ, and also the slackness of bailiffs, etc., in executing it, see [R. Cosen], _An Apologie of and for Sundrie proceedings by Jurisdiction Ecclesiasticall_ (1st ed., London, 1591), 64-5. Speaking of the great charges incurred in suing out the writ Cosen writes: "So that I dare auowe in Sundrie Diocesses in the Realme, the whole yeerly reuenue of the seuerall Bishops there woulde not reach to the iustifying of all contemnours ... by the course of this writte." That temporal judges sometimes set prisoners under the writ free at their own discretion without notice to the spiritual judges, see Bancroft's _Petition to the Privy Council_ in 1605, Cardwell, _Doc. Ann_. ii, 100. For hostility of temporal judges for ecclesiastical jurisdiction, see Bancroft, _op. cit_., 85. He counts up 488 prohibitions during Elizabeth's reign, many of them awarded without good cause and "upon frivolous suggestions" of defendants (_Op. cit_., 89).

[172] Hale, _Crim. Prec_., 145 ("_Dominus decrevit scribendum fore regie majestate pro corporis capcione_ [etc.]." The threat subdued the excommunicate, for 15 days later "_solutis_ xxxiiis.... _pro expensis contumacie_," absolution was given, and penance enjoined. 1562). _Ibid_., 172 (Similar threat, we do not hear of the outcome). Cf. R.W. Merriam, _Extracts from Wilts Quarter Sess_. In _Wilts Arch. and Nat. Hist. Mag_., xxii (1885), 20 (Affray because of an arrest under the writ. 1604). See also Whitgift's note to his bishops in 1583, Cardwell, _Doc. Ann_., i, 404-6 ("If the ordinarie shall perceave that, either by slackness of the justices or waywardness of juries," recusants cannot be indicated at quarter sessions, then the ordinary shall, after first trying persuasion, excommunicate the culprits, and after forty days procure the writ against them). Bancroft writes, March, 1605, that he will use his "uttermost endeavour" to aid his suffragans in procuring the writ, and in having it faithfully and speedily served. Cardwell, _Doc. Ann_., ii, 80. Cf. also the satirical single-sheet, published June, 1641, entitled _The Pimpes Prerogative ... a Dialogue between Pimp-Major Pig and Ancient Whiskin_, in Brit. Mus. _Coll. of Polit. and Personal Satires_. Pig: "Tush, their Excommunications fright not us; but our Land-ladies (poore soules) lie in most danger; for them they serve after with _Excommunicato capiendo_, and then our Forts are beleaguer'd with Under-Sheriffs, Bum-Bayliffs, Shoulder-clappers, etc., whom we sometimes beat back by violence."

[173] Cardwell, _loc. cit_., 100. Ecclesiastical jurisdiction derived also much temporal strength from the fact that practically every bishop was also a justice of the peace. For proof of this see Strype, _Annals of the Reformation_ (Oxon. ed.), iii, Pt. ii, 451 (Bishop of Peterboro' complaining that he alone was left out of the commission. 1587). Cardwell, _Doc. Ann_., ii, 80 (Bancroft's letter, 1605: "We that are bishops, being all of us (as is supposed) justices of the peace"). When commissioning justices Burghley referred to the bishops for lists of orthodox men. See such lists in Strype, _op. cit_., 453-60. Also in Strype, _Life of Whitgift_, i, 187-8. _Victoria County History of Cumberland_, ii, 73-4. _Sussex Arch. Soc. Coll_., ii (1849), 58-62. Mary Bateson, _Letters from the Bishops to the Privy Council_, 1564, _with Returns of the Justices of the Peace_, etc., in _Camden Miscellany_, ix (1895). By 1 Eliz. c. 2, bishops could at pleasure associate themselves to justices of _oyer and terminer_ or of assize. Cf. Strype, _Whitgift_, 329.

[174] Presentments on this score are frequent. Take only a single jurisdiction, that of the Dean of York's Peculiar, between the years 1592-1601, and a number will be found. See _Dean of York's Visit_., 222 (5 persons); 226, 229, 315, 326, 329 (Remaining excommunicate for a month); 334 (Over 40 days. Also a person presented for harboring an excommunicate); 335 (Over a year); 341 (14 days).

[175] Cosen, _An Apologie_, etc., 64. As has been above stated, an excommunicate could not attend service. P. 47 _supra_.

[176] According to 23 Eliz. c. i, sec. 4 and sec. 6.

[177] See _A.P.C_., xiii, 271-2 (1581). Cardwell, _Doc. Ann_., i, 406 (Whitgift alludes to the "waywardnes" of juries).

[178] Not suspension from office (as might be supposed) but from service and sacraments.

[179] P. 19, note 33, _supra_.

[180] Hale, _Crim. Prec_., 150 ("_Contra_ ... Because he will not be churchwarden accordinge to the archdeacon's judgment." Excommunicated. 1566). Ibid., 162 ("_Contra ... Detectum_ that he obstinately refuseth to be churchwarden, notwithstanding he was chosen by the consent of the parson and parishioners." Excommunicated. 1576). Cf. ibid., 183 (Presentment for refusing to be sideman), and ibid., 207 (Refusing churchwardenship).

[181] In equity specific performance is nothing more than the giving of an instrument transferring title after all has previously been done on both sides, but this, to complete the transaction.

[182] Denunciation "in many poyntes resembleth a Presentment," Cosen, _An Apologie_ (etc.), 70. See his book for the modes of proceeding. Cf. also Hale, _Crim. Prec_., Introd., p. lviii. In commenting on Archdeacon Hale's book, which we have so often here cited (_A Series of Precedents in Criminal Causes from the Act Books of Ecclesiastical Courts of London_, 1475-1640 [pub. in 1847]), Sir J.F. Stephen in his _History of Crim. Law in England_, ii, 413, makes these observations: "It is difficult even to imagine a state of society in which, on the bare suggestion of some miserable domestic spy, any man or woman whatever might be convened before an archdeacon or his surrogate and put upon his or her oath as to all the most private affairs of life; as to relations between husband and wife; as to relations between either and any woman or man with whom the name of either might be associated by scandal; as to contracts to marry, as to idle words, as to personal habits, and, in fact, as to anything whatever which happened to strike the ecclesiastical lawyer as immoral or irreligious."

[183] The case of John Johnson in the official's court in Durham city forms an excellent commentary on the whole system. He was presented as suspected of incontinency. After repeated citations and a threat of excommunication, he appeared, denying the charge and alleging that a churchwarden with others had falsely concocted it. At the petition of an apparitor, who acted as public prosecutor, seven of Johnson's fellow-parishioners were cited to swear not to the _fact_ of his guilt, but to the general _belief_ in it. Articles were then drawn up upon which depositions were taken and published. The case was adjourned repeatedly so that the many formalities of procedure might drag out their weary length. The oath _ex officio_ was forced on Johnson, but he denied all guilt. Finally, he was enjoined to procure three compurgators. These swore that they believed _"in animis suis"_ that Johnson had sworn to the truth. Though pronounced innocent, Johnson was condemned to pay the costs of all the formalities that the apparitor had set in motion against him, and a last time was dragged into court in order to be admonished under pain of excommunication to pay these fees, amounting to £1. 3s. 4d., within a month! The case had extended from 11th June, 1600, to 22nd May, 1601. _Surtees Soc_., lxxxiv (1888), 359-362. Cf. also the following: "payed for annswerynge dyuerse faulse vntrothes suggested by [five names] to the sayd Commyssyoneres vj s. viij d." Minchinhampton, Gloucester, Acc'ts, _s.a._ 1576 (archbishop's visitation), _Archaeologia_, xxxv. "pd. for our charges to lycoln when we were p[re]sented by the apparytor unjustly for that our church should by [be] mysvsed vs. vjd." Leverton, Lincoln, Acc'ts, _s.a._ 1579, _Archaeologia_, xli, 365. Under 1595 the Leverton wardens have the entries: "pd. to the apparitor for fallts in the churche ijs. viijd.," and: "for playing in the churche iijs. viijd." The last is explained by a third entry: "to the apparator for suffering a plaie in the church." (_Op. cit_., 367.) This looks like bribery, or blackmail, or both. For examples of bribery see Wing Acc'ts, _s.a._ 1561, _Archaeologia_, xxxvi ("to ye S[um]m[o]ner to kepe us ffrom Lincoln for slacknes of o[u]r auters"). Abbey Parish Acc'ts, _s.a._ 1600, _Shrop. Arch. Soc_., i. 65 ("paid to Cleaton, the Chauncelor's man for keeping us from Lichfield"). Great Witchingham Acc'ts, _Norfolk and Norwich Arch. Soc_., xiii, 207 ("Simp the sumner for his fees for excusing us from Norwich"). _St. Mary Woolchurch Haw_, London, _Acc'ts, s.a_. 1594 ("more unto the paratour and Doctor Stanhopes man for their favours"). Hale, _Crim. Prec_., 202 ("_Fassus est_ that he gave xs. to ... the apparitor to thend that he might not be called into this corte." 1590). For examples of fees paid for absolution from an unjust excommunication see _Minchinhampton Acc'ts, s.a_. 1606 ("layd out [at] Gloucester when we wer excommunicated for our not appearinge when wee were not warned to appeere, vj s. viij d"). St. Clement's, Ipswich, Acc'ts, _East Anglian_, in (1890), 304 ("Payed for owr Absolution to the Commissary, being reprimanded for that we did not give in our Verdict, where as we nether had warning nor notice given us of his Corte houlden, ij[s.] x[d.]:" and: "Payed more ffor the discharg of his boocke, viijd." 1610). Churchwardens accounts are pretty reliable evidence, for they were subject to the scrutiny of those who had to foot the bills.

[184] See Mr. Andrew Clark's _Shirburn Ballads_ (Oxon. 1907), 306 ff. Mr. Clark's notes and illustrations drawn from other contemporary sources are most valuable.

[185] A number of broadsides and pamphlets were published in 1641 upon the abolition of the spiritual courts. Consult Mr. Stephen's _Catalogue_ (1870) for those in the British Museum. One of them is entitled _The Proctor and Parator their Mourning ... Beinge a true Dialogue, Relating the fearfull abuses and exorbitances of those spirituall Courts, under the names of Sponge the Proctor and Hunter the Parator_. In the spirited dialogue between the two _Hunter_ tells of his ways of extorting money from recusants, seminary priests and neophytes, "whose starting holes I knew as well as themselves"; also, he adds, "I got no small trading by the Brownists, Anabaptists and Familists who love a Barne better than a Church." "Poor Curates, Lecturers and Schoolmasters ... that have been willing to officiate their places without licences" are also his special prey. As for minor offenders "against our terrible Canons and Jurisdiction ... had I but given them a severe looke, I could ... have made them draw their purses ..." "I tell you," he concludes, "the name of Doctors Commons was as terrible to these as Argier [Algiers] is to Gally-slaves." _Sponge_ admits that he has made many a fat fee by _Hunter's_ procurement. For more serious documents in corroboration see Whitgift's circular to his suffragans in May, 1601, and also his address to his bishops a few months later in Strype, _Whitgift_, ii, 447 ff. Among many other and grave abuses he refers to "the infinite number" of apparitors and "petty Sumners" hanging upon every court, "two or three of them at once most commonly seizing upon the subject for every trifling offence to make work to their courts." Cf. Canons of 1597, can. xi (Multitude of apparitors and their excesses) in Cardwell, _Syn_., i, 159. Also Canons of 1603/4, _ibid_. Most of the Elizabethan and Stuart metropolitan and diocesan injunctions call for the presentment of the abuse of apparitors and other court officials. See Cardwell, _Doc. Ann_., ii, _passim_. Also _Appendix to 2nd Rep. of the Com. on Ritual_ to Parliament (1870), where a large number of injunctions from Parker to Juxon (1640) are gathered together.

[186] By this system, if the accused could get together a certain number of his neighbors (3, 4, 6 or more) to act as oath-helpers, _i.e._, who would swear that they believed him on oath, he was acquitted. It seems to have been no concern of the judge to weigh the evidence on the facts themselves.

[187] The churchwardens accounts are full of items for horse hire and other expenses for long journeys, for ecclesiastical courts were held at all kinds of places at the pleasure of the judges. See Mr. Bruce's remarks on the Minchinhampton Acc'ts, _Archæologia_, xxxv, 419 ff. Cf. the Ludlow Acc'ts, _Shrop. Arch. Soc. 2nd. ser_., i, 235 ff.--in fact any of the accounts of the period that have been printed in detail.

[188] Archdeacon Hale in _Crim. Prec_., introd., p. lx.

[189] Hale, _Crim. Prec_., 205 (1591). In Warrington deanery, at the bishop's visitation in 1592, one Grimsford is cited for not living with his wife. On a later occasion he appeared and affirmed that his wife had run away with another man, "whereupon the Judge, having regard to the poverty of the man," absolved him. _Warrington Deanery Visit_., 190. An ecclesiastical judge in Durham city made this decree in 1580: "_Dominus ... decrevit scribendum fore Aldermanno_ ... to whip and cart the said Rowle and Tuggell in all open places within the city of Durham, for that they faled in their purgacion, and therefore convicted of the crime detected." _Barnes' Eccles. Proc_., 126.

[190] A most important piece of evidence--because coming from such a source--is Whitgift's circular and (later) his address to his bishops, already alluded to (note 185) given in Strype's life of him. Whitgift mentions the frequent keeping of officials' or commissaries' courts and the multitude of apparitors serving under them, so that "the subject was almost vexed weekly with attendance on their several courts." He adds that "what with Churchwardens' continual attendance in these courts, which in many places came to more than was by a whole parish for any one cessment made to her Majesty, the poor men who were chosen Church wardens ... were in their estates hindered greatly in leaving their day labor for attendance there." These and like complaints, the metropolitan continued, were daily brought to him "with a general exclamation against Commissaries' and Officials' courts." In prophetic language he warned his suffragans that if they were not more zealous for reform all their courts might be swept away. We have further the unceasing complaints and the numberless petitions that were presented in every Elizabethan parliament from 1572 onwards. Some of these are given in Strype, _Annals_, etc., some in his _Whitgift_. Mr. Prothero has conveniently gathered some, with references to others, in his _Statutes and Constitutional Documents_ (1st ed.), pp. 209, 210, 215 and 221. See also Heywood Townshend, 110, _et passim_; D'Ewes, 302, _et passim_, and the canons and injunctions of the time. Peculiars were doubtless most subject to abuses, as being often exempt from the oversight and corrective discipline of the diocesan. Offenders sometimes fled to these for protection. See Strype, _Ann_., iii, Pt. ii, 211-12 (Bishop of Coventry and Lichfield complaining in 1582 of peculiars, some of which belonged to laymen, as holders of abbey lands, in the matter of recusants). Cf. Blomefield, _Hist. of Norfolk_, iii, 557. _Camden Miscellany_, ix (1895), 41 (Letters from bishops to Privy Council in 1564. Recusants flying to exempt places). On the scandalous neglect of duty of some holders of peculiars see _Dean of York's Visit_., 199, 201 ff., 324, _et passim_. See also Mr. W.E.B. Whittaker's article "_On Peculiars with special reference to the Peculiar of Hawarden_," in _Archit. Arch. and Hist. Soc. for Chester and N. Wales_, n.s. xi (1905), 66 ff. and records there given. See also _Eccles. Courts Com. Rep_., 1830-2, printed as appendix to Vol. i of _Eccles. Courts Com. Rep_. of 1883, p. 198. Lists of peculiars will be found in the above authorities.

[191] Though they were reestablished in 1660 they were forever shorn of their ancient glory.

[192] The names of some of these broadsides, pamphlets, etc., have already been given. To these may be added, _The Spiritual Courts epitomised in a Dialogue betwixt two Proctors, Busie Body and Scrape-all, and their discourse of the want of their former imployment_. Others will be found in Mr. Stephen's _Catalogue_.

[193] That is, a portable stone altar which had been consecrated and could be set up anywhere for mass.

[194] See order of the Wilts justices issued against such offenders, Oct., 1577. _Hist. MSS. Com. Rep. on MSS. in Var. Coll_., i (1901), 68.

[195] See indictment of an Essex jury at quarter sessions in 1585 against one Glasscock who spoke lightly of the ceremony of baptism, and rent out of a prayer book certain leaves where the ministration of baptism was set forth. _Hist MSS. Com. Rep_., x, Pt. iv, 480.

[196] Presentment to the Wilts justices, _loc. cit. supra_, 69 (1588), For excessive zeal of the justices of assize in Suffolk see _State Papers Dom. Eliz_., 1591-4, P. 275 (Address of Suffolk gentry to Privy Council in 1592. They complain of indictments against ministers on very trivial pretexts). For the answer of the Council to this petition see Strype, _Ann_., ii, Pt. i, 268-9 (Lords write to judges to consult the spirit not the letter of law, and add their own suspicions that informers are mainly to be blamed if justice has miscarried).

[197] _State Pap., loc. cit_.

[198] Indictment of Essex jury, _Hist. MSS. Rep., loc. cit. supra_.

[199] _Ibid_.

[200] Information of the Wilts justices against one Dearling, parson of Upton Lowell, _loc. cit. supra_, 68 (1585). Cf. Chelmsford Acc'ts, _Essex Arch. Soc_., ii, 212 (An item paid the clerk of assizes for framing the indictment of Chelmsford Hundred "against Puritisme." 1592).

[201] These would be--to cite the principal--the ordinary upkeep of the church with its services and all its appurtenances whatsoever (see previous chapter); the finding of clerk and sexton; the care of the poor; maintaining of the local roads and bridges; purchasing and repair of parish armor, and mustering of parish contingents; contributions for prisoners and maimed soldiers; the keeping of the parish butts and the stocks; the destruction of frugivorous birds and animals (the statutory "vermin"), etc.

[202] The act-books are full of "detections" for being an "uncharitable person," for "not giving to the poor," etc. See pp. 41 ff., _supra_.

[203] Reference is here made to the occasional seizure of parish lands or funds by the Queen's commissioners for concealed lands. See Strype's strong language in his _Ann. of the Ref_. (Oxon. ed.), ii, Pt. i, 310. He speaks of the unjust oppressions of courtiers and other griping men, 'harpies' and 'hell-hounds,' who, under the pretense of commissions, "did intermeddle and challenge land of long times possessed by churchwardens, and such like, upon the charitable gifts of predecessors ... yea and certain stocks of money, plate, cattle and the like. They made pretence to bells, lead [etc.] ..." Strype's words are none too strong, being amply confirmed by much evidence _aliunde_. See, _e.g_., the determined attacks in 1567 and subsequently on the Melton Mowbray school lands in _Leicest. Archit_. (etc.) _Soc_., iii (1874), 406 ff. Thanks to powerful neighbors the Meltonians won their case. Less fortunate were the parishioners of St. Mary's, Shrewsbury, the revenue from whose lands supported church fabric, the poor, etc. For proceedings against them, and the vain appeal by the parish to the lord chief justice in 1572 ff., see Owen and Blakeway's _Hist. of Shrewsbury_, ii, 350-2. For confiscation of parish gild property and parish lands on a large scale, see examples given in _Cambridge and Hunts Arch. Soc_., i (1904), 330 ff. We are here told that during Elizabeth's reign at least twelve commissions for concealed lands were sent down into Cambridgeshire (p. 332). See also _ibid_., 370 ff. for a sale of forfeited lands to Jones and Grey in 1569. The list of lands is very long and only a sample of many such. For attacks (1587) on All Saints, Derby, lands, whose revenues went to church repairs, etc., see J.C. Cox and W.H. St. J. Hope, _Chronicles of All Saints, Derby_ (1881). For informers involving Lapworth, Warwick, in a suit about its parish lands see Robt. Hudson, _Memorials of a Warwickshire Parish_ (1904), 104. The churchwardens acc'ts occasionally allude to the Queen's commissioners, _e.g_., the Great Witchingham Acc'ts, where they are dubbed by the right name: "for my expenses when I was before the quenes inquisitors for lands and goods" (1559). _Norf. and Norw. Arch. Soc_., xiii, 207.

[204] Jas. Copeman in _Norf. and Norw. Arch. Soc_., ii (1849), 64. The Loddon Acc'ts cover the period 1554-1847, some of the donations, or endowments, being made in the 16th and some in the 17th centuries.

[205] Robt. Dymond in _Devon Assoc. for Advanc. of Science_ (etc.) _Tr_., xiv (1882), 407. These acc'ts run from 1425-1590. For a list of parish properties in 1565, see pp. 460-1. Their yearly rent then amounted to £9 14s. 2d.

[206] Sam'l Barfield, _Thatcham, Berks, and its Manors_ (1901), i. 121.

[207] R.W. Goulding, _Records of the Charity known as Blanchminster's Charity, Stratton_ (1898), 64-5.

[208] In 1562 it is said to have contained only 48 families. John Amphlett, _Churchwardens Acc'ts of St. Michael's in Bedwardine_ (ed. for _Worcester Hist. Soc_., 1898), introd., p. iii.

[209] _Op. cit_., 142-3. See _ibid_., and for the year named, the receipts from these properties. Thus £4 is paid for one and a half years' rental of parish land lying in Severn Stoke parish; 44s. for two years' rent of parish houses in St. Peter's parish, Worcester city, etc.

[210] _Op. cit_., pp. xxx-i.

[211] Hudson, _Memorials_, etc., 85 ff. Consult Mr. Hudson's map of the parish lands.

[212] _Notes and Queries for Somer. and Dorset_, v (1897), 94.

[213] _Somerset Arch. and Nat. Hist. Soc. Tr_., xxiii, Mr. Pearson's introd., p. iii, and _op. cit_., vol. xxvi, 106-9. Cf. A.G. Legge, _North Elmham_, Norfolk, _Acc'ts_ (1891), 5-6 (Long list of lands managed by wardens in 1549). Also J.H. Butcher, _The Parish of Ashburton_ (Devon), 49 (1580). Owen and Blakeway, _Hist. of Shrewsbury_, ii, 342 (St. Mary's parish lands with 32 tenants and rental of £6. 7s. 8d. in 1544. The churchwardens were here called "Lady Wardens" as managing the "Rentall of our Lady").

[214] _St. Michael's Acc'ts, op. cit_., vol. xxvi, 129. The wardens of this parish record among their expenditures many items for the repair of the parish tenements and other property. In early times they received 12d. as a salary for management. Later this was changed into an honorarium of varying amount "_pro bono servicio suo." Op. cit_., vol. xxiii, intro., p. ii.

[215] Thus at Lapworth, Warwickshire, a trust of parish lands was re-created in 1563 with twenty-two feoffees; and one Collet in 1567 enfeoffed seventeen men of a field of only three acres, fourteen perches, to parish uses. Hudson, _Memorials_ (etc.), 85-6.