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+The Project Gutenberg EBook of The Elizabethan Parish in its
+Ecclesiastical and Financial Aspects, by Sedley Lynch Ware
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: The Elizabethan Parish in its Ecclesiastical and Financial Aspects
+
+Author: Sedley Lynch Ware
+
+Release Date: May 11, 2004 [EBook #12324]
+
+Language: English
+
+Character set encoding: ASCII
+
+*** START OF THIS PROJECT GUTENBERG EBOOK THE ELIZABETHAN PARISH ***
+
+
+
+
+Produced by Juliet Sutherland, Keith M. Eckrich and PG Distributed
+Proofreaders
+
+
+
+
+
+
+SERIES XXVI NOS. 7-8
+
+JOHNS HOPKINS UNIVERSITY STUDIES
+
+IN
+
+HISTORICAL AND POLITICAL SCIENCE
+
+Under the Direction of the Departments of History, Political Economy,
+and Political Science
+
+
+THE ELIZABETHAN PARISH IN ITS ECCLESIASTICAL AND FINANCIAL ASPECTS
+
+BY
+
+SEDLEY LYNCH WARE, A.B., LL.B.
+Fellow in History.
+
+
+PUBLISHED MONTHLY
+
+July-August, 1908
+
+
+
+PREFACE
+
+These chapters are but part of a larger work on the Elizabethan parish
+designed to cover all the aspects of parish government. There is need
+of a comprehensive study of the parish institutions of this period,
+owing to the fact that no modern work exists that in any thorough way
+pretends to discuss the subject. The work of Toulmin Smith was written
+to defend a theory, while the recent history of Mr. and Mrs. Webb
+deals in the main with the parish subsequent to the year 1688. The
+material already in print for such a study is very voluminous, the
+accumulation of texts having progressed more rapidly than the use of
+them by scholars.
+
+My subject was suggested to me by Professor Vincent, to whom as well
+as to Professor Andrews I am indebted for advice and assistance
+throughout this work. In England I have to thank Messrs. Sidney Webb,
+Hubert Hall and George Unwin, of the London School of Economics, for
+reading manuscript and suggesting improvements. For similar help and
+for reference to new material my acknowledgments are due to Mr. C.H.
+Firth, Regius Professor of Modern History, Oxford, and to Mr. C.R.L.
+Fletcher, of Magdalen College. At the British Museum I found the
+officials most courteous, while the librarians of the Peabody
+Institute, Baltimore, have given me every aid in their power.
+
+
+
+CONTENTS.
+
+CHAPTER I.
+
+
+     THE ECCLESIASTICAL GOVERNMENT OF THE PARISH.
+
+     ITS IMPORTANCE IN LOCAL GOVERNMENT
+
+     ARCHDEACONS' COURTS
+
+     ILLUSTRATIONS FROM ACT BOOKS OF JUDICIAL ADMINISTRATION
+
+     CHURCHWARDENS' DUTIES
+
+     MINISTERS' DUTIES
+
+     OBLIGATIONS EXACTED FROM ALL ALIKE
+
+     CONTROL OF CHURCH OVER EDUCATION AND OPINION
+
+     HOW COURTS CHRISTIAN ENFORCED THEIR DECREES
+
+     EFFECTIVENESS OF EXCOMMUNICATION
+
+     EVILS AND ABUSES OF THE SYSTEM
+
+     JURISDICTION OF QUEEN'S JUDGES IN ECCLESIASTICAL MATTERS
+
+
+
+CHAPTER II.
+
+
+     PARISH FINANCE.
+
+     ENDOWED PARISHES
+
+     EXPEDIENTS FOR RAISING MONEY
+
+     CHURCH-ALES, PLAYS, GAMES, ETC
+
+     OFFERINGS AND GATHERINGS
+
+     COMMUNION DUES
+
+     SALE OF SEATS, PEW RENTS
+
+     PARISH TARIFFS FOR BURIALS, MARRIAGES, ETC.
+
+     INCOME FROM FINES AND MISCELLANEOUS RECEIPTS
+
+     RATES AND ASSESSMENTS
+
+     INDEPENDENCE OF PARISH AS A FINANCIAL UNIT
+
+     SIGNIFICANCE OF THIS IN COUNTY GOVERNMENT
+
+
+
+THE ELIZABETHAN PARISH IN ITS ECCLESIASTICAL AND FINANCIAL ASPECTS.
+
+
+
+CHAPTER I.
+
+
+THE ECCLESIASTICAL GOVERNMENT OF THE PARISH.
+
+The ecclesiastical administration of the English parish from the
+period of the Reformation down to the outbreak of the great Civil War
+is a subject which has been much neglected by historians of local
+institutions. Yet during the reign of Elizabeth, at least, the church
+courts took as large a share in parish government as did the justices
+of the peace. Not only were there many obligations enforced by the
+ordinaries which today would be purely civil in character, but to
+contemporaries the maintenance of the church fabric and furniture
+appeared every whit as important as the repairing of roads and
+bridges; while the obligation to attend church and receive communion
+was on a par with that to attend musters, but with this difference,
+that the former requirement affected all alike, while the latter
+applied to comparatively few of the parishioners.
+
+In the theory of the times, indeed, every member of the commonwealth
+was also a member of the Church of England, and conversely. Allegiance
+to both was, according to the simile of the Elizabethan divine, in its
+nature as indistinguishable as are the sides of a triangle, of which
+any line indifferently may form a side or a base according to the
+angle of approach of the observer[1]. The Queen was head of the
+commonwealth ecclesiastical as well as of the commonwealth civil, and
+as well apprized of her spiritual as of her temporal judges[2]. For
+both sets of judges equally Parliament legislated, or sanctioned
+legislation. Sometimes, in fact, it became a mere matter of expediency
+whether a court Christian or a common law tribunal should be charged
+with the enforcement of legislation on parochial matters. Thus the
+provisions of the Rubric of the Book of Common Prayer were enforced by
+the justices as well as by the ordinaries. Again, secular and
+ecclesiastical judges had concurrent jurisdiction over church
+attendance, and--at any rate between 1572 and 1597[3]--over the care
+of the parish poor. Finally, it must not be supposed that the men who
+actually sat as judges in the archdeacon's or the bishop's court were
+necessarily in orders. In point of fact a large proportion, perhaps a
+large majority of them, were laymen, since the act of Henry VIII in
+1545 permitted married civilians to exercise ecclesiastical
+jurisdiction.[4]
+
+In the treatment of our subject the plan we shall follow is, first, to
+make some preliminary observations as to the times, places and modes
+of holding the church courts; second, with the aid of illustrations
+drawn from the act-books of these courts, to show how their judicial
+administration was exercised over the parish, either through the
+medium of the parish officers or directly upon the parishioners
+themselves; third, to analyze the means at the command of the
+ecclesiastical judges to enforce their decrees; and, finally, to point
+out that from its very nature the exercise of spiritual jurisdiction
+was liable to abuses, and must at all times have proved unpopular.
+
+Speaking generally (for the jurisdictions called "peculiars" formed
+exceptions), England was divided for the purposes of local
+ecclesiastical administration and discipline into archdeaconries, each
+comprising a varying number of parishes. Twice a year as a rule the
+archdeacon, or his official in his place, held a visitation or kept a
+general court (the two terms being synonymous) in the church of some
+market town--not always the same--of the archdeaconry. The usual times
+for these visitations were Easter and Michaelmas. The bishops also
+commonly held visitations in person, or by vicars-general or
+chancellors, once every third year throughout their dioceses. Yet at
+the semiannual visitations of the archdeacon as well as at the
+triennial visitations of the bishop, the mode of procedure, the class
+of offences, the parish officers summoned, the discipline
+exercised--all were the same, the bishop's court being simply
+substituted for the time being for that of the archdeacon.
+
+There were other visitations: those of the Queen's High Commissioners,
+and those of the Metropolitan. There were a very great number of other
+courts, but for the purposes of the every-day ecclesiastical
+governance of the parish the two classes of courts or visitations
+above mentioned are all that need concern us. It is, however,
+important to state, that while churchwardens and sidemen were
+_compelled_ to attend the two general courts of the archdeacon (and of
+course the bishop's court) and to write out on each occasion formal
+lists of offenders and offences ("presentments" or "detections") these
+parish officers might also at any time make _voluntary_ presentments
+to the archdeacons. Those functionaries, in fact, seem to have held
+sittings for the transaction of current business, or of matters which
+could not be terminated at the visitation, every month, or even every
+three weeks. Others may have sat (as we should say of a common-law
+judge) in chambers.[5] Before each general visitation an apparitor or
+summoner of the court went about and gave warning to the churchwardens
+of some half-dozen parishes, more or less, to be in attendance with
+other parish officers on a day fixed in some church centrally located
+in respect of the parishes selected for that day's visitation.
+
+The church of each parish was, indeed, not only its place for worship,
+but also the seat and centre for the transaction of all business
+concerning the parish. In it, according to law, the minister had to
+read aloud from time to time articles of inquiry founded on the
+Queen's or the diocesan's injunctions, and to admonish wardens and
+sidemen to present offences under these articles at the next
+visitation.[6] In it also he gave monition for the annual choice of
+collectors for the poor;[7] warning for the yearly perambulation of
+the parish bounds;[8] and public announcement of the six certain days
+on which each year every parishioner had to attend in person or send
+wain and men for the repair of highways.[9] In the parish church also
+proclamation had to be made of estrays before the beasts could be
+legally seized and impounded.[10] Here, too, school-masters often
+taught their pupils[11]--unless, indeed, the parish possessed a
+separate school-house. Here, in the vestry, the parish armor was
+frequently kept, and sometimes the parish powder barrels were
+deposited;[12] here too, occasionally, country parsons stored their
+wool or grain.[13]
+
+Finally, in the parish church assembled vestries for the holding of
+accounts, the making of rates and the election of officers. Overseers
+of the poor held their monthly meetings here. Occasionally the
+neighboring justices of the peace met here to take the overseers'
+accounts or to transact other business;[14] and in the church also
+might be held coroners' inquests over dead bodies.[15] Last, but not
+least in importance, in the churches of the market towns the
+archdeacon made his visitations and held his court; and on these
+occasions the sacred edifice rang with the unseemly squabbles of the
+proctors, the accusations of the wardens and sidemen or of the
+apparitor, and the recriminations of the accused--in short, the church
+was turned for the time being into a moral police court, where all the
+parish scandal was carefully gone over and ventilated.[16]
+
+The ecclesiastical courts carried on their judicial administration of
+the parish largely, of course, through the medium of the officers of
+the parish. These were the churchwardens, the sidemen and the
+incumbent, whether rector, vicar or curate.[17]
+
+First in importance were the churchwardens. Though legislation
+throughout the time of Elizabeth was ever adding to their functions
+duties purely civil in their nature, and though they themselves were
+more and more subjected to the control of the justices of the peace,
+nevertheless it is true to say that to the end of the reign the office
+of churchwarden is one mainly appertaining to the jurisdiction and
+supervision of the courts Christian.
+
+The doctrine of the courts that churchwardens were merely civil
+officers belongs to a later period.[18]
+
+After a churchwarden had been chosen or elected, he took the oath of
+office before the archdeacon. In this he swore to observe the Queen's
+and the bishop's injunctions, and to cause others to observe them; to
+present violators of the same to the sworn men (or sidemen), or to the
+ordinary's chancellor or official, or to the Queen's high
+commissioners; finally, he swore to yield up a faithful accounting to
+the parish of all sums that had passed through his hands during his
+term of office.[19]
+
+Before each visitation day, as has been said, the archdeacon's or the
+bishop's summoner went to each parish and gave warning that a court
+would be held in such and such a church on such and such a day.
+Pending that day wardens and sidemen drew up their bills of
+presentment. These bills were definite answers to a series of articles
+of inquiry founded on the diocesan's injunctions, themselves based on
+the Queen's Injunctions of 1559 and on the Canons.[20] Failure to
+present offences was promptly punished by the judge.[21] Failure to
+attend court when duly warned was no less promptly followed by
+excommunication, and then it was an expensive matter for the wardens
+to get out of the official's book again.[22] But of fees and fines
+more hereafter.
+
+Among the churchwardens' principal obligations, as laid down in the
+injunctions and articles they were sworn to observe, was the keeping
+in repair of the church fabric and its appurtenances, as well as the
+procuring and the maintaining in good condition of the church
+"furniture," a term which in the language of the time included all the
+necessaries for worship and the celebration of the sacraments: church
+linen, surplices, the communion cup, the elements themselves, bibles,
+prayer books, the writings of authorized commentators on the
+Scriptures, or the works of apologists for the Anglican Church; tables
+of consanguinity and other official documents enjoined to be kept in
+every parish by the diocesan.[23]
+
+The visitation act-books of the period abundantly show the processes
+employed by the ecclesiastical authorities in enforcing these and
+other duties (which will be detailed in their turn), and prove that
+the courts Christian were emphatically administrative as well as
+judicial bodies. To show these courts at work it will be necessary to
+give a number of illustrative examples taken from the visitation
+entries. Thus the wardens of Childwall, having been presented at the
+visitation of the bishop of Chester, 9th October, 1592, because their
+church "wanteth reparac[i]on," are excommunicated for not appearing.
+On a subsequent day John Whittle, who represents the wardens, informs
+the court that the repairs have been executed. Thereupon the wardens
+are absolved and the registrar erases the word "excommunicated" from
+the act-book.[24] At the same visitation the wardens of Aughton are
+presented because "there bible is not sufficient, they want the first
+tome of the homilies, Mr. Juells Replie and Apologie[25] [etc.]...."
+The two wardens are enjoined by the judge to buy a sufficient bible
+and to certify to him that they have done so.
+
+But--so careful is the supervision over parish affairs--mere
+certification by vicar or wardens that a certain article has been
+procured in obedience to a court order will not always suffice. If the
+thing can be produced in court the judge often orders it to be brought
+before him for personal inspection. Accordingly, when at the
+visitation of the chancellor of the bishop of Durham, the 13th March,
+1578/1579, the wardens of Coniscliffe are found to "lacke 2 Salter
+bookes [and] one booke of the Homelies," they are admonished to
+certify "that they have the books detected 4th April and to bringe
+their boks hither."[26] Thus, too, the wardens of St. Michael's,
+Bishop Stortford, record in 1585 that they have paid 8d. "when we
+brought in to the court the byble and comunion booke to shewe before
+the comysary."[27] There is a curious entry in the same accounts some
+years earlier, viz.: "pd for showing [shoeing] of an horse when mr
+Jardfield went to london to se wether it was our byble that was lost
+or no and for his charges...."[28]
+
+At the visitation held at Romford Chapel, Essex Archdeaconry, 5th
+September, 1578, the wardens of Dengie "broughte in theire surplice,
+which surplice is torne & verie indecent & uncomly, as appereth;
+whereupon the judge, for that theie neglected their othes, [ordered
+them to confess their fault and prepare] a newe surplice of holland
+cloth of v s. thele [the ell], conteyninge viii elles, _citra festum
+animarum prox_." Remembering that money was then worth ten to twelve
+times what it is today, this was probably considered too great a
+burden by the parishioners of Dengie. A petition must have been
+presented to be allowed to procure a cheaper surplice, for on the 6th
+October following the wardens were permitted to prepare a surplice
+containing six ells only at the reduced price of 2s. 8d. per ell.[29]
+
+It seems to have been the practice in the Dean of York's Peculiar for
+the judge to threaten the churchwardens occasionally with a fine for
+failure to repair their church or supply missing requisites for
+service by a fixed day. Thus at Dean Matthew Hutton's visitation,
+July, 1568, the churchyards of Hayton and of Belby were found to be
+insufficiently fenced. The order of the court was: "_Habent ad
+reparanda premissa citra festum sancti Michaelis proximum sub pena XX
+s_."[30]
+
+So, too, the Thornton wardens at the same visitation are warned to
+repair the body of their church "betwixt this and Michlmes next upon
+paine of X s."[31] But as spiritual tribunals had no legal power to
+fine[32] or to imprison, apparently the usual penalty prescribed by
+the judges in case of disobedience to, or neglect of, their orders to
+repair or replace by a certain day, was, in the words of Bishop Barnes
+addressed to the churchwardens in Durham diocese, the "paynes of
+interdiction and suspencion [_i.e._, temporary excommunication] to be
+pronounced against themselves."[33] Yet here, too, the wardens did not
+escape indirect amercement, for absolution from interdiction or
+excommunication often meant a payment of various court fees, which in
+many cases were by no means light. These fines the wardens put to
+their credit in the expense items of their accounts if they could
+possibly do so, and it is probable that the parish always paid them
+except in cases of very gross individual delinquency in office. Thus
+the wardens of St. Martin's, Leicester, record: "Payd to Mr.
+Comyssarye whe[n] we was suspendyd for Lackynge a Byble & to hys
+offycers xxiij d."[34] The wardens of Melton Mowbray register: "Ffor
+our chargs & marsements at Lecest[e]r ... for yt ye Rood loft whas not
+takyn down & deafasyed iiij s. iiij d."[35]
+
+In the same accounts we find some years later: "Payde to ... at the
+vicitacion houlden at Melton for dismissinge us oute of there bookes
+for not reparinge the churche iij s. ij d."[36] So, also, we read in
+the St. Ethelburga-within-Bishopsgate Accounts: "Paid in D[octor]
+Stanhope's courte beinge p[re]sented by p[ar]son Bull aboute the
+glasse windowes xvj d." And nine years later: "Paid for Mr Gannett and
+myselfe ['Humfery Jeames'] for absolution iiij s. viij d." Also: "Paid
+for our discharge at the courte for [from] our excomm[uni]cacon xvj
+d."[37]
+
+The act-books abundantly show that ecclesiastical courts were very far
+from being limited to mere moral suasion or to spiritual censures.
+They could never have accomplished their work so thoroughly if they
+had been. This point will be brought out much more clearly, it is
+hoped, when we come to consider excommunication as a weapon of
+coercion.[38] The courts fined parishioners individually[39] and they
+fined them collectively. What matters it that these fines were called
+court fees, absolution fees, commutation of penance, or by any other
+name? What signifies it that the proceeds could be applied only _in
+pios usus_? The mulcting was none the less real. On the score of
+bringing stubborn or careless wardens to terms through their purses,
+the following extract from a letter written in 1572 to the official of
+the archdeacon of the bishop of London is in point. The letter informs
+the judge that Jasper Anderkyn, a churchwarden, "hathe done nothing of
+that which he was apoinnted by your worshipp at Mydsomer to do, for
+the churche yarde lyeth to commons and all other thynkes in the
+churche is ondonne.... I praye you dele w[i]t[h] hym so yt he maye be
+a presydent for them that shall have the offyce; for they wyll but
+jess att itt, and saye it is butt a mony matter: therefore lett them
+paye well for the penaltie whiche was sett on theire heads."
+Continuing, the writer states that his reason for writing is "that you
+be not abewseid in youre office by there muche intreatyng for
+themselffes, for Jesper Anderkyn stands excommunicated."[40]
+
+Sometimes for failure to perform the ordinary's[41] injunctions a
+whole parish was excommunicated or a church interdicted.[42] Thus in
+the Abbey Parish Church[43] Accounts we read under the year 1592 how
+troublesome and how costly it was "when the church was interdicted" to
+ride to Lichfield and there tarry several days seeking absolution. For
+this 20 shillings was paid, a very large sum for the time, not to
+mention a fee to the summoner, travelling expenses and the writing of
+letters on the parish's behalf.[44] The wardens of Stratton, Cornwall,
+had a similar experience "when the churche wardyns & the hole
+p[ar]ysch was exco[mu]nycatt" in 1565. Among the expense items
+relating to that occasion is a significant one: "ffor wyne & goodchere
+ffor the buschuppe ys s[er]vantt[s] ij s. viij d."[45]
+
+So close is the supervision of the ordinary over the churchwardens, so
+effective the discipline of the church courts, that we seem to hear
+occasionally a sort of dialogue going on between judges and wardens,
+the former directing certain things to be executed, the latter
+replying and reporting from time to time that progress is being made
+on the work to be performed, or that the missing objects will be soon
+supplied. Accordingly, at the archdeacon of Canterbury's visitation in
+1595, we find the wardens of St. John in Thanet (Margate) reporting:
+"The chancel[46] is out of repairs, for the repairing whereof some
+things are provided."[47] Two years later they state to the court:
+"For repairing of the churchyard we desire a day."[48] At the same
+visitation the wardens of St. Lawrence in Thanet (Ramsgate) present:
+"Our Church is repaired, saving that some glass by reason of the last
+wind be broken, the which are [sic] shortly to be amended."[49]
+
+As a final illustration on this score may be adduced the report of the
+conscientious wardens of Kilham, Yorkshire, who certify to the judge
+of that peculiar, August, 1602, "that there churche walles ar in suche
+repaire as heretofore they have beyne. But not in suche sufficient
+repaire as is required by the Article[50] for that effect ministred
+vnto us."[51]
+
+But the upkeep of the church and its requisites[52] was only one of
+the churchwardens' many tasks. They had to look to it that the people
+attended church regularly; that the victuallers and ale-houses
+received no one while service was being held or a sermon was preached;
+that each person was seated in his or her proper place, that each
+conducted himself with decorum and remained throughout the service.
+Accordingly the act-books tell their interesting story of ministers on
+beginning service sending wardens and sidemen abroad to command men to
+come to church. The churchwardens and their allies have all sorts of
+experiences: they break in upon "exercises" or conventicles;[53] they
+peep in at victuallers' houses or at inns where irate hosts slam doors
+in their faces and give them bad words on being caught offending;[54]
+they come across merrymakers dancing the morris-dance on the village
+green during Sunday afternoon service,[55] or they surprise men at a
+quiet game of cards at a neighbor's house during evening prayer.[56]
+
+When admonished by the wardens to enter church, some merely gave
+contemptuous replies, such as "what prates thou?";[57] others, when
+the wardens approached, took to their heels and ran away.[58] Once
+inside the church the wardens' task was by no means ended. They had
+the care of placing each one in his or her seat according to
+degree;[59] according to sex;[60] and, in case of women, according as
+they were old or young, married or unmarried.[61] Finally, as has been
+said, the wardens were expected to keep watch lest some one slip out
+before the service was over or the sermon ended.[62]
+
+But while they have one eye on the congregation lest they offend,
+wardens and sidemen must keep another on the minister while service
+proceeds or the sacraments are administered, in order that the rites
+be duly observed and the Rubric followed. The curate of Theydon Gernon
+(Essex) is presented by wardens and sidemen "_quia non fecit suam
+diligentiam in dicendo preces_, viz. the communion and Litany";[63]
+while the rector of East Hanningfield in the same archdeaconry is not
+only complained of to the ordinary for not maintaining the book of
+articles, and not using the cross in baptism, but he is also indicted
+on the same occasion for not praying for the Queen "accordinge to hir
+injunctions, viz. he leaveth out of hir stile the kingdome of
+Fraunce."[64] The court's order was that the rector should acknowledge
+his error on the following Sunday "_coram gardianis_." The wardens of
+Wilton, Yorkshire, report to the commissary of the Dean of York that
+their curate recites divine service "very orderlie," but not at a fit
+time, for he holds service at eight in the morning and two in the
+afternoon.[65] Finally, the rector of Pitsea is complained against to
+the archdeacon of Essex for "that he is unsufficient to serve the cure
+ine that theie are not edified by him...."[66]
+
+If the parson neglected his duties it was incumbent upon the wardens
+to exhort him to perform them.[67] When at the visitation of the
+bishop of Chester in 1592 it was found that there was no surplice at
+Bolton Church, Manchester Deanery, not only did the judge admonish one
+of the Bolton wardens to buy the surplice, but he was instructed "to
+offer hit to thee Vicar at the time of ministering the sacraments, and
+to certify of his wearing or refusing of hit before the Feast of the
+Nativity of our Lord next."[68]
+
+By virtue of searching articles of inquiry administered to them,[69]
+such as, Is your vicar a double-beneficed man, and, if so, is he
+lawfully dispensated? Does he keep hospitality?
+
+If non-resident does he give the fortieth part to the poor? Does your
+minister wear a surplice at the appointed times, yea or no? Does he
+use the cross in baptism and the ring in marriage?[70] Does your
+schoolmaster teach without licence of his ordinary under seal, or no?
+Do you know any person excommunicate in your parish who repairs to
+church? Do you know anyone ordered by law to do penance, or
+excommunicate for not doing the same, who still continues
+unreformed?--by virtue of this strict questioning by the ordinary put
+to them in written articles before each visitation, church wardens,
+and their coadjutors, the sworn men or sidemen, were compelled to
+exercise a continual supervision over their minister's conduct as well
+as over that of the parishioners generally. This fact, coupled with
+the circumstance that they were themselves liable to be reported to
+the court and punished if they failed to indict, accounts for the
+cautious presentments made by these Elizabethan wardens.
+
+Those of Great Witchingham, Norfolk, for instance, inform the
+chancellor that their parson "holdeth two benefices, but whether
+lawfully dispensated they know not," and they add that a schoolmaster
+in their parish "teacheth publicly, but whether licenced or not they
+know not."[71] The wardens of Ellerburn, Yorkshire, present Jane Gryme
+for fornication, and add "but whether the curate did churche hir or no
+they cannot say."[72] And the following year they bring to the court's
+knowledge "that their vicar ... is not resident upon his vicaredg, but
+what he bestoweth upon the poore they know not."[73] Lastly, the very
+prudent wardens of Pickering in the same peculiar bring in their
+presentment in this fashion: "_Qui dicunt et presentant_ there vicar
+for that he for the moste parte, but not alwaies dothe weare a
+surplesse in tyme of dyvyne service. They present there vicar for that
+they ar vncerteyne whether his wif[e] was commended vnto him by
+justices of peace, nor whether he was licenced to marrye hir according
+to hir Maiestie's iniuncions."[74] The almost unseemly interest here
+displayed by the wardens in their vicar's matrimonial relations is
+explained by the provisions of article xxix of the Queen's Injunctions
+of 1559, which ordain that no priest or deacon shall wed any woman
+without the bishop's licence and the advice and allowance of two
+neighboring justices of the peace first obtained.
+
+Other parish obligations enforced by the courts Christian through the
+churchwardens were the keeping of annual perambulations (or, as we
+should say today, beating the bounds of the parish) by parson, wardens
+and certain of the substantial men of the parish, in the second week
+before Whit-Sunday ("Rogation Week");[75] the exhibiting to the
+official of the parish register, or the putting in of copies of it
+once a year at Easter;[76] the choosing in conjunction with the parson
+of collectors for the poor up to 1597, in most parishes at any
+rate;[77] the levying of the 12d. fine on all those who absented
+themselves from service;[78] the putting down of all "superstitious"
+rites in the parish, such as the carrying of banners in perambulation
+week or the wearing of surplices on such occasions;[79] the ringing of
+the church bells on Hallowe'en, or on the eve of All Souls; excessive
+tolling of bells at funerals,[80] etc.
+
+From the point of view of their fellow-parishioners, no doubt, the
+most important function of the wardens was that of administering the
+parish finances. This subject will be considered at length in the
+chapter which follows, but the fact that the spiritual courts enforced
+the levying of rates for church repair, etc., through the wardens, as
+well as an accounting to the parish of all monies received or
+disbursed, concerns us here. When the Ealing wardens were "detected"
+to the chancellor of the bishop of London because they had no
+pulpit-cloth, no poor-box, nor the Paraphrases of Erasmus, they
+appeared and declared in court that they had not provided these things
+"nor can do it, for that there is no churche stock wherewith to do
+it." Hereupon they were admonished that the judge's pleasure was that
+they should procure Mr. Fleetwood and Mr. Knight (evidently two
+prominent parishioners) to make an assessment on the parish in order
+to purchase these articles, and further that they (the wardens) should
+certify to the court at a later day fixed that the rate had been laid
+and the missing requisites bought, unless, indeed, some refused to
+pay, in which case their names should be handed into court.[81] So,
+again, when rector and wardens of Sutton were presented in the same
+court for letting their church go to ruin, they protested that the
+reason was that L40 "will skant repayre it, and that so mutch cannot
+be levied of all the land in the p[ar]ishe." But this excuse was not
+for a moment admitted, and they were warned to appear in the next
+consistory court to take out a warrant for the assessment of the
+lands.[82]
+
+Though the wardens did not themselves in practice always make the rate
+directed by the archdeacon, yet they were held responsible for its
+making. So true was this that if, after a duly called parish meeting
+for the purpose of laying the rate in obedience to the archdeacon's
+orders, no parishioners appear, then, in the words of the archdeacon's
+official to the wardens of Ramsden Bellhouse (Essex): "if the
+inhabitants of the said p[ar]ish will not join with the said church
+wardens &c., that then the said churchwardens shall themselves make a
+rate for the leveinge of the said charges [etc.] ..."[83]
+
+Finally, the archdeacons or their officials always stood ready to
+enforce an accounting by the outgoing wardens to the parishioners or
+their representatives. If the accounting was delayed too long, or if
+the surplus was not promptly handed over to the incoming (or newly
+elected) wardens, then the delinquent officers were cited before the
+court. Numerous instances are found in the court records of the
+enforcing of this duty. [84]
+
+A permanent parish officer and one over whose appointment the
+parishioners had usually no control [85] was the parish minister,
+whether officiating rector, vicar or curate. [86] Elizabethan statutes
+and canons sought to increase the dignity of the incumbents of cures,
+[87] but royal greed did yet more to lower it. [88]
+
+The minister was usually addressed by his parishioners as "Sir" John,
+or "Sir" George, etc., quite irrespective of his actual rank,[89] and
+this in an age of punctilious distinctions in forms of address. In the
+small country parishes the incumbent was often the only, or almost the
+only, educated man in the community. His advice had naturally
+considerable weight in parish affairs, and his pen was often required
+in the drawing up of official or legal documents, certifications or
+testimonials, the casting up of parish accounts and the like.[90]
+
+We find in the act-books officiating rectors or vicars presented for
+non-residence upon their cures;[91] while rectors and other recipients
+of great tithes are "detected" at visitations for not repairing the
+chancels in their churches; or not maintaining their vicarage
+buildings with barns and dove-cotes;[92] or for not providing quarter
+sermons where the clergyman serving the cure was not himself licenced
+to preach;[93] beneficed men not resident are arraigned for not giving
+the fortieth part of their revenue to the parish poor;[94] resident
+ministers indicted for not keeping hospitality,[95] or for not
+visiting the sick.[96]
+
+Just as the wardens were to look after the conduct of their minister,
+so the minister was required to fill the office of a censor upon the
+behavior of the wardens and to report to the ordinary their
+delinquencies--as, indeed, the trespasses of any among his
+congregation, though the latter task was more particularly assigned to
+the wardens and sidemen.[97] Furthermore the minister was the vehicle
+through which the commands of the authorities, lay or ecclesiastical,
+were conveyed to the parishioners. He was compelled to read these
+commands or injunctions at stated times and exhort his hearers to obey
+them. For failure to comply with this duty, he might be cited before
+the official,[98] and punished by that officer.[99]
+
+The curate of East Hanningfield, Essex, is presented in 1587 for "that
+he hathe not geven warninge to the church-wardens to looke to there
+dutie in service tyme, for such as are absent from service."[100] The
+curate of Monkton, Kent, is brought before the court in 1569 for that
+he "doth not call upon fathers and mothers and masters of youths to
+bring them up in the fear of God."[101] When the archdeacon sent down
+an excommunication against any one of the parish, it was delivered to
+the minister to be solemnly proclaimed by him from the pulpit,[102]
+and thereafter he had to see that the excommunicate person remained
+away from service until absolution was granted[103] by the ordinary,
+which absolution was then publicly pronounced from the pulpit.[104]
+When penance had to be done in church by an offender, it was the duty
+of the parson to superintend the performance; to say, if necessary,
+before the congregation the formula of confession prescribed for the
+offence, in order that the guilty person might repeat it after
+him;[105] to exhort the persons present to refrain from similar
+transgressions; to read, on occasion, some homily bearing upon the
+subject;[106] and finally to make out a certificate (together with the
+wardens, if necessary) that the penance had been carried out as
+enjoined by the judge.
+
+Besides the celebration of the rites pertaining to his priestly
+office, which need not detain us here, there were many other duties
+which the ecclesiastical courts enjoined on the parish incumbent. Some
+of these have already been referred to.[107] Others will appear as we
+view the discipline of the courts Christian when exercised over the
+parishioners at large, to which subject we shall now address
+ourselves.
+
+Foremost among the requirements exacted by the ordinaries from all
+alike was the duty of attending church. Every one had to frequent
+service on Sundays and on feast-days, and to be present at evening as
+well as at morning prayer.[108] Nor might a man repair to a church in
+another parish because it was nearer than his own.[109] Should his own
+minister be unlicenced to preach--and only about one incumbent out of
+four or five was licenced[110]--he was not permitted, except under
+special authorization,[111] to hear a sermon in another church while
+service was going on in his own.[112] If, however, a man were able to
+pay the statutory[113] fine of 12d. for each absence on holy days he
+could, it would seem, in practice resort to his parish church only on
+occasions, say once a month, and yet not get himself written down as a
+recusant.[114]
+
+Heads of families were made responsible for the attendance of their
+children and servants; innkeepers or victuallers for their
+guests.[115]
+
+If it was not permissible to frequent service in another place of
+worship, neither was it optional with a parishioner to get married
+elsewhere than in his own church.[116] There, too, his marriage banns
+had to be published--and it was a presentable offence to marry without
+banns;[117] there he had to have his children christened[118] and his
+wife churched;[119] there he was compelled to send sons, daughters or
+apprentices to be catechized,[120] and there himself learn the
+principles of religion (if he were ignorant of them), for without a
+knowledge of the Catechism and the Ten Commandments he could not
+receive communion.[121]
+
+All persons over fourteen had to receive communion at Easter, and at
+least on two other occasions during the year.[122] In fact readiness
+to receive according to the Anglican rites became the test of a loyal
+subject.[123]
+
+The strict requirement to report all non-communicants to the official
+resulted in the keeping of books in which were written the names of
+the parish communicants.[124]
+
+Next in importance to church attendance and the observance of the
+sacraments came the duty of all parishioners to contribute to the
+parish expenses. We have viewed church courts at work, compelling
+wardens to levy church rates; we have now to see how the judges forced
+recalcitrant ratepayers to pay the sums assessed upon them to the
+wardens or other collectors.
+
+Among the earliest vestry minutes of the parish of St.
+Christopher-le-Stocks, London, is one which, after ordering that an
+assessment be made for the clerk's wages and for pews, decreed that
+any rebellious persons should be summoned before themselves, the
+vestry, to be reformed. But if the rebel would not appear, or, on
+appearance, remain stubborn to reason, then the churchwardens should
+sue him before the ordinary at the parish costs "vntill suche tyme as
+he be reduced vnto a good order, and hath paid bothe the costys of the
+sute and the chargs that he owith vnto the church...."[125] Fifty
+years later we find this vestry ordaining the same procedure to be
+followed against parish debtors, and referring to its former
+order.[126]
+
+It seems, in fact, to have been the well-understood thing that just as
+parish rates to defray the costs of those matters of parish
+administration, falling within the province of the ecclesiastical
+courts, were to be assessed by the authority, and under the direction,
+of those courts, so, too, the recovery of these rates was to be had
+before the same tribunals. It is not denied that recourse may
+occasionally have been made in these matters to the courts of common
+law, but it is believed that the proper remedy was at ecclesiastical
+law.[127] Furthermore, we believe that the means at the disposal of
+the ecclesiastical courts for putting their judgments into effect were
+quite sufficient and in practice effective.
+
+What these means were will be taken up and discussed a little further
+on. Returning to the matter of suing parish debtors in courts
+Christian, it is interesting to find that in the language of the
+period a suit "at law" did not always mean at common law. An order of
+the vestry of Stepney, London, in February, 1605-6, after determining
+the manner in which L50 should be raised to pay off parish debts due
+to the bell founder, adds that persons refusing to pay their shares,
+or neglecting to do so, should not find themselves aggrieved "if the
+same be recouered against them by Lawe." And the meaning of this term
+is fully explained by these subsequent words in the same order, that
+the churchwardens shall "at the chardg of the p[ar]ish appointe and
+entertayne one doctor and a proctor to sue and recouer the same by
+lawe of any p[er]son [etc.]."[128] Now doctors and proctors practiced
+before ecclesiastical tribunals only.[129]
+
+That presentment to the ordinary was the common and usual way, not
+only of recovering church rates, but any thing of value that belonged
+to the parish and was unjustly detained, the act-books and other
+documents of the time plentifully show. Thus in Archbishop Parker's
+Visitation Articles for the diocese of Canterbury in the year 1569, he
+requires all churchwardens to report to their ordinaries "whether
+there be any money or stoke, appertaininge to any paryshe churche, in
+anye manne's handes, that refuse or differeth to paye the same
+[etc.]."[130] The wardens of Melton Mowbray record under the year 1602
+an item for charges at the court at Leicester against a parishioner
+"for not payinge his levi for the churche."[131] Those of Ashburton,
+Devon, itemize in 1568-1569 two shillings "for a zytation to those
+that wold nott pay to the power."[132] As the wardens of East Tilbury
+were going about among the parishioners demanding money of each one
+according to the rating inscribed on an assessment roll which they
+carried with them, one Garrett, a constable, discontented that he
+himself should be rated as high as four shillings, seized the roll and
+refused to produce it. This, of course, put an end to further
+collections. For this he was presented by the vicar before the
+consistory court at Stratford Bow Chapel. Here he alleged that the
+rating "was very unequally made." But the judge warned Garrett to
+appear in court the following Tuesday to answer for his contempt.
+Further he was to pay his four shillings to the wardens and bring to
+the judge the wardens' certificate that he had done so. On the day
+appointed Garrett was present in court with the vicar and wardens. The
+decree of the court is headed: "_Negotiu[m] reparac[i]o[n]is
+eccl[esi]e de_ East Tilburie," and is so characteristic of the
+thoroughgoing and searching manner in which ordinaries supervised the
+administration of parish affairs that we cannot forbear to quote a
+large part of it in full. "Touchinge the same Wm Garrett," the
+registrar inscribes in the act-book, "the churchwardens do here
+testifie that he hathe payd his iiij s. w[hi]ch he was rated at...&
+they saye they have receyved it. Towching the churchwardens & the
+repayre [of] the church," the scribe continues, "the Judge doth order
+that the minister, Mr Howdsworth, [and seven others named, including
+wardens, sidemen and constables]...p[ro]cure workmen of all trad[es],
+& then sett downe under their hand in writing what chardg it will be
+to repayer the church sufficiently in all thing[s] wharein it is
+decayd, as namely, tyling, paving, masonns worke, carpenters worke &
+glasing...and when they have under the workmens hand founde what will
+repayer the churche in every p[ar]ticuler, then shall they all nyne
+assemple themselves in the church [on a day named]...and make a rate
+to that proportion w[hi]ch shall remayne above the rate already
+allowed of...and they shall certify in Stratford bowe Chappell bothe
+of the vew making by the workmen, of the gathering of the rate already
+made, of their making a new rate...and of the gathering thereof; and
+likewise how farr they have p[ro]ceeded in the repayer of the church
+the ixth of Aprill next: and for the punish[men]t of him, the said Wm
+Garrett, for his contemptuous taking away of the rate, as is
+complayned of, it is respited untill this p[resent] order be
+p[er]formed; & he is now monished to appeare in the Consistorie the
+first court day [etc]...."[133] So, too, when Richard Fynsett of
+Clayton, Sussex, was "detected" to the official for not paying his
+rate for church repairs, November, 1595, he appeared and claimed that
+not only was his rating excessive, but that the assessment had not
+been according to custom, to wit, made by the majority of the
+parishioners. He was summoned by the judge to prove his allegation at
+the next court day, and to pay his court and other fees. He was
+probably unable to prove his point, for under the 9th December
+following the record simply states "_Comparuit et solvit feoda
+debita_."[134]
+
+The wardens of Swalecliffe, Kent, complain to the archdeacon of
+Canterbury in 1565 that their church is near utter decay, but the
+parish is so poor that they cannot repair it unless an assessment be
+made on the lands within the parish, for the making of which
+assessment they ask for an authorization.[135] Two years later they
+appear and say in court that their church still lacks windows, "and
+the parish is not able to mend the same, without it may please you
+that the rest of the cess that was made may be levied, which we cannot
+get unless we have your aid."[136]
+
+In the same way the wardens of St. Alban's "implored the aid of the
+judge," because they wished divers persons who refused to pay their
+rates "co[m]pelled therunto by aucthoritye of this court," otherwise
+the unpaid workmen on their ruinous church would leave, and the
+half-finished structure sustain damage by winter weather.[137] The
+act-books teem with such presentments as the following: one Holaway
+refuses to give to the poor-box, "and is found able by the
+parish."[138] Thomas Arter will give but a half-penny to the poor.
+Arter appears and "saithe that he is not of the wealthe that men
+takithe him to be." The judge commands him to pay a half-penny every
+week, and dismisses him.[139] "John Wilson haithe not paide his clerke
+wages by the report of the clerke."[140] "Here follow the names of
+such, as being able, refuse notwithstanding to pay to the poor man's
+box [eight names follow]";[141] or "The presentment made by the
+churchwardens and sidemen...of all such as are behind for a cess made
+for the Church and refuse to pay [five names]."[142] John Baldwin
+presented for that "the fame and report goeth" that he keeps back L10,
+a legacy given seven years previously for church repairs and the
+poor-box, "and the Church and the poor have wanted the same, having no
+benefit thereof, as we know."[143] One Consant received a cow
+belonging to the parish "and hath not made an account to the parish
+for her."[144] Jeremy Robson is cited "for detaining our Clerk's wages
+from the land which he occupieth in our parish after 6 s. 8 d. for a
+plough land of 140 acres."[145] Two lessees of the parish are
+presented "for withholding the farm of two acres and a half of church
+land one year and a half unpaid."[146] John Smithe presented for
+felling and selling a great oak which stood upon church land, "whereas
+now we stand in lack of the same to repair our Church."[147] A
+parishioner is cited before the ordinary because he withholds church
+goods and refuses both to enter into bond for them and to make an
+accounting.[148] So men are presented for not paying the parish fees
+due for the burial of members of their family, or for the ringing of
+knells;[149] for suffering a church tenement or a part of the church
+fence, which they are bound to repair, to fall into decay,[150] and so
+forth. In short, any one at all, whether in the capacity of parish
+officer; rate payer; trustee; administrator or executor; lessee of the
+parish cattle or its lands or tenements--any one, in fact, standing in
+the relation of debtor to the parish in a matter falling within the
+jurisdiction of the spiritual courts, could be, and was, compelled by
+these to pay or to account to the parishioners.
+
+Not only did the Church regulate many acts of a parishioner's life,
+and preside over his moral conduct, making him pay in great measure
+the costs of this disciplinary administration, but it also was
+entrusted with his education, through which it sought to control his
+ideas and convictions, and to direct and form public opinion. The
+education and training of a nation depend, of course, in greatest
+measure on its primary schools and its press. As for its universities,
+these are but the apex on the educational pyramid, for a very select
+few only. Now the primary schools were represented in the times
+whereof we write by the parish schoolmaster, the familiar
+"_ludimagister_" of the canons and act-books, and by the incumbent
+himself. For the people at large the press was represented almost
+entirely by the licenced preacher, and, in the larger towns, the
+licenced lecturer.
+
+The Canons of 1571 ordain that no one shall teach the humanities nor
+instruct boys, whether in school or in private families,[151] unless
+the diocesan licence him under his seal. Nor are schoolmasters to use
+other grammars or catechisms than those officially prescribed. Every
+year schoolmasters are to commend to the bishop of the diocese the
+best read among their pupils, and those that by their achievements
+give promise that they may usefully serve the State or the Church, so
+that their parents may be induced to educate them further to that
+end.[152] Bishop Barnes in his Injunctions of 1577 commands that all
+incumbents of cures in Durham diocese not licenced to preach shall
+"duly, paynefully and frely" teach the children of their several
+parishes to read and write. Furthermore, teachers shall exhort the
+parents of those boys who have proved themselves apt at learning and
+of "pregnant capacitie" to cause their sons to continue their studies
+and to acquire the good and liberal sciences. On the other hand they
+shall induce fathers of sons of little wit or capacity to put them to
+husbandry, or some other suitable craft, that they may grow to be
+useful members of the commonwealth.[153] In this diocese we find
+schoolmasters by profession ("_ludimagistri_") summoned at the
+visitations very regularly, and there seem to have been a considerable
+number of them in the towns, though not in the country parishes, where
+the curates doubtless officiated as instructors of the youth according
+to the bishop's monitions.[154] Everywhere in the proceedings of the
+ecclesiastical courts schoolmasters are "detected" to the judges from
+time to time for having no licence to teach.[155]
+
+As for the pulpit, that great instrument of political guidance at a
+period when politics consisted chiefly of religious contentions,[156]
+it is well known that Elizabeth and her advisors grasped at once its
+paramount importance, and that she had been on the throne but little
+over a month when she issued her proclamation inhibiting all preaching
+and teaching for the time being. This command was followed by her
+Injunctions of the next year, forbidding any to preach unless licenced
+by herself, her two archbishops, the diocesan, or her visitors.[157]
+As is well known also, no command was more universally enforced. It is
+constantly mentioned in the metropolitan or diocesan injunctions or
+articles of the period,[158] and the proceedings before the ordinaries
+bear witness to its enforcement.[159]
+
+Parish opinion was further sought to be moulded by the reading in
+church of various tracts, homilies, monitions, forms of special
+prayers, etc., etc., which the wardens were ordered to procure from
+time to time, and which are very often met with in their accounts.
+These official mediums of information or edification conveyed to the
+good people of the parishes some knowledge of the events and politics
+of the realm and of the world beyond it. Thus they heard of the
+overthrow of the rebels in the North of England (1569), the ravages of
+the great earthquake of 1579; the progress of the plague; or, again,
+of the struggle of the French Protestants led by Henry of Navarre, the
+defeat of the Turks at Lepanto, and so forth.[160]
+
+As food for the more advanced minds of the congregations, ordinaries
+saw to it that volumes dealing with the interpretation of the
+Scriptures, the polity of Church and State, and the defence of that
+polity were provided for every parish church. Such works were Erasmus'
+Paraphrases, Bullinger's Decades, Bishop Jewel's works, and other
+writings of an apologetic nature. To a certain extent news was also
+spread, and grievances were aired, in unofficial broadsides or
+ballads. These treated of such subjects as the untimely end of
+traitors great or small; the adventures of her Majesty's soldiers and
+sailors; the rapacity of landlords and the evils of the enclosure
+movement.[161]
+
+But these publications and all other printed matter were subject to
+the strict censorship of Church and State. Extremely few presses were
+permitted in England, and these few under the jealous supervision of
+the high ecclesiastical authorities, as is evidenced by the numerous
+orders or decrees issued by them to the Master and Wardens of the
+London Stationers Company, which, with a very few special patentees,
+enjoyed the monopoly of printing.[162]
+
+Having now reviewed the chief administrative functions of the
+spiritual courts and their mode of exercise, the question presents
+itself, What were the means at the disposal of the ordinaries for
+enforcing their decrees? The principal one of these has already been
+mentioned incidentally, viz., excommunication. Excommunication was the
+most usual, as it was by far the most effective, weapon for compelling
+obedience to the mandate of the judge in any matter whatever. Indeed
+without this instrument of coercion the ecclesiastical judges would
+have been impotent.
+
+Excommunication was of two kinds, the lesser and the greater. The
+former was in constant use (to employ the words of a contemporary
+document) "for manifest and wilful contumacy or disobedience in not
+appearing when ... summoned for a cause ecclesiastical, or when any
+sentence or decree of the bishop or his officer, being deliberately
+made, was wilfully disobeyed...."[163] Even under the lesser
+excommunication a man could not attend service, and he was deprived of
+the use of the sacraments.[164] If an excommunicate sought to enter
+church with the congregation, either he had to be forcibly expelled or
+the service could not proceed.[165] If he continued in his contempt of
+court he made himself liable to the greater excommunication,[166] and
+then he was virtually an outcast from the society of his fellow
+parishioners.[167] That excommunication was feared by the great
+majority of parish folk there is no reason to doubt. Certainly the
+greater excommunication might seriously injure a man in his business
+as well as his social interests, not to mention the trouble and
+expense of getting an absolution.[168] That excommunication reduced
+most offenders to order the church court proceedings demonstrate. If,
+however, a man were obdurate and hardened he was turned over to the
+Queen's High Commissioners, and these, while making the fullest use of
+ecclesiastical procedure and the oath _ex officio_,[169] also freely
+employed the penalties of the temporal courts, viz., fines and
+imprisonments. As no ecclesiastical offence was too small for the
+Commissioners to deal with, and as their jurisdiction was not limited
+(like that of the ordinaries) to a district or a diocese, courts of
+High Commission may be called universal ordinaries.[170] Finally, if a
+person stood excommunicate over forty days, an ecclesiastical judge,
+on application to the diocesan, might procure against him out of
+Chancery the writ _De excommunicato capiendo_. This writ was probably
+not very often resorted to in practice, partly because of the great
+expense involved, and partly perhaps, too, because of the slack
+execution of the writ by certain undersheriffs or bailiffs, encouraged
+as they were by the rather hostile attitude sometimes assumed against
+the courts Christian by the Queen's temporal judges.[171] The writ
+was, however, certainly no dead letter, and served also _in terrorem_
+to reduce stubborn offenders.[172] Indeed Archbishop Bancroft in 1605
+called it "the chiefest temporal strength of ecclesiastical
+jurisdiction."[173]
+
+In view of the fact that "standing excommunicate" was in itself a
+presentable offence before the ordinary, and an offence often
+presented,[174] and in view of the further fact that the excommunicate
+might, according to a contemporary who writes with authority, "be
+punished for absence from diuine praier, neither shall his
+excommunication excuse him, for it is in his owne default,"[175] it is
+queried whether such an involuntary absentee from church did not make
+himself just as liable to presentment at quarter sessions for
+recusancy[176] as any voluntary recusant. Perhaps it is for this
+reason that grand juries are sometimes complained of for
+discriminating among the names sent in to them on the bishops'
+certificates for indictment at quarter sessions, and for certifying
+some and throwing out others "at their pleasure."[177]
+
+But be this as it may--and it is conjecture unsupported by positive
+proof--enough has been said, it is hoped, to show that ordinaries were
+quite capable of making their decrees obeyed, and that excommunication
+(contrary to the commonly received opinion) was a most effective means
+of coercion. Many, indeed, were its uses. It might (or its equivalent
+interdiction or suspension[178]), as has been seen,[179] be used to
+compel a parish officer to perform the duties of his office. It might
+also be employed, when persuasion failed, to induce a parishioner to
+accept office when chosen by his fellows.[180] But, it would seem, one
+single definition would comprise all cases: excommunication was
+employed against all those who disobeyed some order of the spiritual
+judge, express or implied--it was a summary process for contempt of
+court, in fact, and was daily used as such.
+
+To recapitulate: a very large part of the parishioner's life and
+activity fell under the surveillance and regulation of the
+ecclesiastical courts. They compelled him to attend on specified days
+his parish church, and no other; to be married there; to have his
+children baptized and his wife churched there; to receive a certain
+number of times communion there; to contribute to the maintenance of
+church and churchyard, as well as to the finding of the requisites for
+service or the church ornaments or utensils. In his parish church he
+and his children were catechized and instructed, and, if the latter
+were taught in a neighboring school-house, it was under the strict
+supervision of the ordinary and by his or the bishop's licence and
+allowance. So true was this that the schoolmaster was, like the
+parson, a church officer. For the parishioner his church was the place
+of business where all local affairs, civil or ecclesiastical, were
+transacted, as well as the centre of social life in the village. Here
+the mandates of the authorities in Church and State were read to him;
+here he was admonished of his duty to contribute to, or to perform,
+the burdens of parish administration and warned of the penalties for
+neglect; here he met with his fellows to settle parish affairs and
+audit parish accounts, or to choose parish officers under the auspices
+of the ordinary, being himself compelled, if necessary, by that
+official to serve when his own turn for office came round. As
+churchwarden it was his duty to collect the rents from parish lands
+and tenements, and to see that parish offerings were gathered and the
+parish rates assessed and paid, or recovered by means of the
+ecclesiastical courts. If the church was ruinous; if bread and wine
+were lacking for the communion; if any of the books, furniture,
+utensils or ornaments enjoined by the diocesan's articles or by the
+canons were missing; if the curate did not follow the Rubric, or
+retained "superstitious" rites; if the yearly perambulation was
+omitted; if faults of the minister or of the parishioners were not
+presented: he and his fellow-warden were held responsible by the
+official.
+
+The machinery which the canon and the civil law placed at the disposal
+of the ordinary for his judicial administration of the parish was
+extraordinarily flexible. Courts Christian were unencumbered by the
+formalities of the common law or by the cooeperation of juries. They
+could proceed _ex officio, i.e_., without formal presentment and upon
+hearsay only, and they were armed with the formidable power of
+administering the oath _ex officio_ by which a parishioner was forced
+to disclose all he knew against himself. They could in all cases
+command the _doing_, as well as the _giving_[181] of a thing--powers
+far more extensive than those possessed by any court of equity of
+today. Lastly, it was their custom to require that a return be made in
+court, or in other words, a certification, that their commands had
+been duly performed--thus stamping them as true administrative bodies.
+It was inevitable from the nature of their jurisdiction and procedure
+that abuses should be committed both by ecclesiastical judges and by
+their officers, such as registrars, proctors and apparitors. These
+judges wielded an admirable instrument of administration and
+discipline, one that could be bent to meet any emergency, but this
+efficiency had been attained at the sacrifice of some indispensable
+safeguards for the carrying out of impartial justice. First, no
+parishioner's acts, whether done in an official or a private capacity,
+were ever quite safe from misrepresentation, or downright
+falsification by his enemies, for secret denunciation to wardens or
+sidemen (or to the ordinary himself) by any one[182] might start a
+proceeding against the person denounced and force him upon oath to
+disclose the most private, the most confidential, matters. Again,
+proctors, apparitors, registrars, and other scribes whose fees
+depended on citations and the drawing up of court proceedings,
+documents, or certificates, had every interest in haling persons
+before the official, because court fees had to be paid whether a man
+were found innocent or guilty.[183] Hence the system tended to create
+spies, of whom the chief were the apparitors, or summoners, and their
+underlings. There is a very interesting contemporary ballad entitled
+_"A new Ballad of the Parrator and the Divell_," attributed by its
+modern editor to not later than 1616, which throws much light on the
+proceedings of certain unscrupulous apparitors, and reflects also the
+strong dislike entertained for the whole tribe of apparitors by people
+of the time.[184] The devil going a hunting one Sunday and beating the
+bushes, up starts a proud apparitor. During several stanzas the
+apparitor narrates to the devil, as one consummately wicked man to
+another, all the tricks of his trade to drum up cases for himself and
+his court. He spies on lovers as they pass unsuspecting; he haunts the
+ale-houses and overhears men's tales over their cups; if business be
+dull he even devises scandal among neighbors, and sets them at enmity.
+Thus he concocts his accusations of immorality, or drunkenness, or
+profanity, or uncharity towards neighbors, and writes them busily down
+in his _quorum nomina_, or formulas of citations to appear before the
+official's court. "My _corum nomine_ beares such swaye," he boasts,
+"They'le sell their clothes my fees to pay." But, remarks the devil
+after listening to all this, surely the innocent pay no court fees,
+"But answere and discharged bee." "My _corum nomine_ sayth not so,"
+rejoins the apparitor, "For all pay fees before they goe.--The
+lawier's fees must needs be payd,--And every clarke in his degree--Or
+els the lawe cannot be stayd--But excommunicate must they bee." The
+devil, amazed and disgusted at laws which "excell the paines of hell,"
+turns to go, whereupon the apparitor seeks to arrest and fine him for
+traveling on the Sabbath. Exclaiming "Thou art no constable!" the
+devil pounces upon the unworthy officer and carries him off to
+hell.[185] Thirdly, even when at their best and conducted by upright
+judges and officers, the modes of proof in force in the courts
+Christian were sometimes utterly inadequate as means for getting at
+the truth. The inquest, or trial by jury, had never been introduced
+into these courts, where the archaic system of compurgation[186] still
+lingered.
+
+If a man for want of friends, or for want of good reputation, were
+unable to procure compurgators to attend him at visitations or courts,
+held sometimes twenty miles and more away,[187] he might be condemned
+as guilty of specific acts which he had never committed.[188] He might
+even fail in his proof because he was poor. When the judge arraigned
+Lewis Billings of Barking, Essex archdeaconry, for "that he hath
+failed in his purgacion," Billings pleaded "that he is a very poore
+man and not able to procure his neighbours to come to the cort, and
+beare their charges."[189] But, as is well known, contemporaries
+attacked not only the inferior officers, but the judges themselves.
+Complaints of great abuses were loud and long,[190] and when the
+ecclesiastical courts were abolished by the Long Parliament in
+1641,[191] the satirical literature of the day celebrated their
+downfall with a verve, a gusto, and an exultation amazing to one not
+familiar with the procedure of these courts.[192]
+
+As was mentioned at the beginning of this chapter, the secular judges
+were given statutory authority to take cognizance of breaches of the
+order prescribed by the Book of Common Prayer, of the offence of not
+attending church, and other delinquencies against the legal settlement
+of religion. Hence in these matters they exercised what might be
+called a sort of ecclesiastical jurisdiction in aid of the ordinary
+and concurrently with him, though their mode of procedure, of course,
+was that of the common law, possessing nothing in common with the
+practice adopted in courts Christian. Men who were "hinderers" and
+"contemners" of religion; who refrained from going to church without
+lawful cause; who had mass-books or super-altars[193] in their
+possession;[194] who spoke in contempt of the Book of Common Prayer
+and its rites;[195] who caused their children to be baptized with
+forms other than those prescribed;[196] ministers who omitted the
+cross in baptism;[197] who left off the surplice;[198] who refused to
+church women;[199] who called purification "a Jewish ceremony," or who
+in their sermons preached seditious doctrine[200]--all these and other
+like offenders were indicted at quarter sessions or at the assizes.
+
+
+
+CHAPTER II.
+
+
+PARISH FINANCE.
+
+Speaking generally of the average parish, Elizabethan churchwardens
+accounts and vestry minutes show that for the purposes of raising
+money amongst themselves to meet every-day parish expenditures,[201]
+the parishioners of the period did not commonly resort to rates, if by
+"rate" be understood a general assessment of all lands or all goods
+alike at a fixed percentage of their revenue or value above a minimum
+exempted.
+
+It must not be supposed, however, that in the case of offerings or
+gatherings, or of levies to raise a certain sum where each man
+assessed himself, it was entirely optional for each to give or to
+refuse. What a man customarily gave, or what he had promised to give,
+or, again, what the parish thought he ought to give, that the ordinary
+might compel him to give.[202] From an offering or a voluntary
+assessment to a rate is often but a short step, and the two former
+shade off into the latter almost imperceptibly. The justices of the
+peace and the ecclesiastical authorities usually cast lump sums upon
+the parishes, leaving ways and means to the parishioners themselves.
+But it was, of course, optional with the justices to rate each
+individual separately when it seemed good to them, and for this they
+had the Queen's subsidy books to guide them. Here, however, we are
+chiefly concerned with the raising of money amongst the parishioners
+themselves. How manifold, how ingenious were the parochial devices for
+creating resources, it is the purpose of this chapter to set forth.
+
+But before proceeding to the parish expedients, properly so called,
+for raising money, it will be well to say something of parish
+endowments, whether in lands, houses or funds. According as the
+revenue from these was available for general, or at least for various
+purposes, or, on the other hand, was impressed with a trust for some
+specific object, these endowments may be divided into general and
+special. Parishes well endowed might be able to dispense with some of
+the devices for money-getting which we shall have occasion to
+enumerate, but then, after all, endowments might come and they might
+go;[203] moreover, the financial policy of any one parish would, of
+course, differ according to the disposition or the ability of those
+who shaped it.
+
+Of Loddon, Norfolk, we are told that "no complaint appears about
+Church Rates, for there were none, as the revenue of the Town Farm ...
+rendered a tax of that description unnecessary."[204]
+
+Of St. Petrock's, Exeter, we are informed that "the parish became so
+well endowed by donations of land and houses as to enable the wardens
+to dispense almost entirely with the quarterly collections entered in
+the earlier accounts."[205] The editor of the Thatcham, Berks,
+Accounts, writes: "In the early years of these churchwardens accounts
+the available funds were derived chiefly from the two oldest
+charities, one called 'Lowndye's Almshouses,' the first account of
+which is for the year ... 1561 ... to 1562; the other known as 'the
+Church Estate,' the first account of which begins in 1566."[206]
+Summoned by the Bodmin, Cornwall, justices in January, 159-4/5, to
+make a report as to the parish stock, the representatives of Stratton
+certify at sessions that their stock "am[oun]ts to the now some of
+Sixteene poundes, some yeares it is more & some yeares lesse...." And,
+they continue, "the vsinge of our sayde stocke is by the two wardens &
+the rest of the eight men w[hi]ch for the same stande sworne, And it
+is bestowed aboute her ma[jes]ties service, for buyenge of armor,
+settinge forth of souldiers w[i]th powder & shott.... And likewise for
+the relievinge & mainetayning of the poore...." They thereupon give
+the names of the impotent and decrepit persons and orphan children
+"wholly relieved" by the parish, ten in number, and add that there are
+upwards of a hundred poor "w[h]ich are not able to liue of themselues,
+but haue reliefe dayly one thinge or another of the seide
+p[ar]ish."[207] The little parish of St. Michael's in Bedwardine,
+Worcestershire,[208] possessed lands and tenements in various
+parishes, and in 1599 invested L10 in buying two more tenements in
+Worcester city.[209] Its wardens accounts, we are told by their
+editor, disclose that there was never any lack of money for parish
+purposes "in spite of a rather lavish expenditure at times in the
+luxury of law[suits]."[210] Lapworth, Warwickshire, had many acres of
+parish land.[211] The churchwardens of St. John's, Glastonbury,
+Somerset, return in their accounts the rent of the parish lands in
+1588 at L9 13s. 10d.,[212] and, as these accounts show, they
+occasionally received important sums for fines on changes of tenants.
+The various properties managed by the wardens of St. Michael's, Bath,
+numbered thirty-seven in 1527, yielding a revenue of L11 8s.;[213] and
+even in 1572 the rent amounted to L11 8s.[214]
+
+Indeed, though parish lands and houses were generally vested as to
+title in trustees (often a numerous and cumbersome body),[215] the
+churchwardens themselves and sometimes other accountants,[216] who
+like the wardens were appointed from year to year, usually exercised
+the actual management. The feoffees existed chiefly for the purpose of
+making it difficult to alienate the parish properties, "and the larger
+the trust body the more difficult such alienation was supposed to
+be."[217]
+
+Contenting ourselves with the above examples, which could easily be
+multiplied, we pass on under this same head of general endowments to
+an interesting form of personal property, viz., cattle, for not only
+did the wardens derive receipts from parish holdings of real estate,
+but also from _Endowments of Cows or Sheep_. The Pittington, Durham,
+Twelve Men, a sort of parish executive and administrative body, enact
+in 1584 "that everie iiij pounde rent[218] within this parrishe, as
+well of hamlets as townshippes, shall gras[219] winter and somer one
+shepe for the behoufe of this church;"[220] and we are told that these
+"Church Shepe," as they were called, were here one of the chief means
+of raising funds for parochial purposes.[221] It was the custom of
+pious donors, especially among the lowly, to leave one or more sheep
+or cows to their parish. In the year 1559 twelve sheep were thus given
+or bequeathed to Wootton Church, Hants, by ten donors.[222] These
+sheep, as well as the parish cows, were often hired out to
+parishioners, who gave security for their return. Sometimes they were
+given to poor men at a reduced rent, and thus they served to support
+the poor.[223]
+
+That the keeping of cattle was a well-recognized source of parish
+income is seen by the Queen's Injunctions of 1559 in which she alludes
+to "the profit of cattle" among other sources of parish revenue to be
+devoted to the poor, "and if they be provided for, then to the
+reparation of highways next adjoining," or to the repair of the
+church.[224]
+
+Leaving the topic of general endowments to take up those sources of
+revenue destined to defray particular forms of expenditure, we find
+that _Permanent Parish Endowments_ in lands, goods or money devoted to
+the defraying of _Specific Parish Administrative Burdens_ or
+_Utilities_ were very numerous in the local documents of the 16th
+century. Sometimes a land or fund was set apart by the donor, or by
+the parish itself, for the support of a parish servant or
+officer;[225] sometimes its revenue maintained this or that cripple or
+blind man,[226] or a number of them; sometimes it was used for feeding
+the poor,[227] or for buying wearing apparel for them;[228] for
+setting them at work in houses of correction,[229] or for parish
+education.[230]
+
+In particular, lands or funds were frequently set apart as special and
+permanent endowments for the repair of bridges.[231] In fact, the
+proceeds of parish lands or other endowments might be appropriated to
+alleviate any tax burden whatsoever. In 1549 it was stated by the
+wardens of North Elmham, Norfolk, that the net proceeds of the five
+and thirty or forty acres which they rented out were devoted
+exclusively towards the paying of the fifteenths due from time to time
+to the king and his successors.[232]
+
+To illustrate the variety of purposes for which parish trusts were
+created, I cannot do better than quote part of the preamble of the 43
+Eliz. c. 4, known as the Statute of Charitable Uses: "Whereas Landes,
+Tenements, Rentes ... Money and Stockes of Money," it is there
+rehearsed, "have bene heretofore given, limitted ... and assigned ...
+some for Releife of aged, impotent and poore people, some for
+Maintenaunce of sicke and maymed Souldiers and Marriners, Schooles of
+Learninge ... some for Repaire of Bridges, Fortes, Havens, Causwaies,
+Churches, Sea-bankes and Highewaies, some for Educac[i]on and
+p[re]fermente of Orphans, some for or towardes Reliefe, Stocke or
+Maintenaunce for Howses of Correcc[i]on, some for Mariages of poore
+Maides, some for Supportac[i]on, Ayde and Helpe of younge Tradesmen,
+Handiecraftesmen and p[er]sons decayed, and others ... for aide or
+ease of any poore Inhabitants conc[er]ninge paymente of Fifteenes,
+settinge out of Souldiers and other Taxes [etc.]...."[233]
+
+As for money and goods left by testators or given _inter vivos_ for
+_Temporary Expenses_ or _Special Occasions_ (as opposed to the
+creation of permanent trusts and endowments), we find a constant
+stream of such benefactions throughout the Elizabethan period.
+
+By the Queen's Injunctions of 1559 parsons are diligently to exhort
+their parishioners, "and especially when men make their testaments,"
+to give to the poor-box, the surplus of which, after provision for the
+needy, might be devoted to church and highway repair.[234]
+
+Bequests made to the highways or bridges were considered as donated
+_in pios usus_. "I thinke," wrote a prebendary of Durham Cathedral in
+1599, "it also a deade of charitie and a comendable worke before God
+to repaire the high-wayes, that the people may travaille saifely
+without daunger. I therefore will to the mending of the highwayes
+[etc.]...."[235]
+
+Noblemen and wealthy men were expected to help maintain the local poor
+in particular. Elizabethan ballads celebrate the liberality
+to the destitute of an Earl of Huntingdon,[236] of an Earl of
+Southampton,[237] or of an Earl of Bedford.[238] At the funeral of
+George, Earl of Shrewsbury, in 1591, eight thousand got the dole
+served to them, and it was thought that at least twice that number
+were in waiting, but could not approach because of the tumult.[239]
+The churchwardens and overseers of the poor accounts, especially in
+London and the larger cities, abound with receipt items of gifts from
+great personages or wealthy merchants.[240]
+
+Owing to the difficulty of investing money because present-day
+intermediaries were absent between capital seeking employment and
+would-be borrowers; and because the medieval stigma attaching to money
+loaned at interest had by no means wholly disappeared,[241] there grew
+up in Elizabethan parishes a system of laying out money, raised by the
+parish or donated by benefactors, in various trades, such as
+wool-spinning, linen-weaving, the buying of wood or coal to sell again
+at a profit,[242] etc. Sometimes well-to-do parishioners with good
+credit would themselves borrow parish money, returning ten per cent.
+for its use.[243] Usually, however, parish money was loaned gratis,
+the parish taking sureties for its repayment and sometimes articles of
+value, being, apparently, not always above doing a little pawnbroking
+business.[244] On the other hand, when the parish itself had occasion
+to borrow money it would occasionally give its own valuables as
+security. Thus the Mere, Wiltshire, wardens record in 1556 that they
+have redeemed on the repayment of 40s. to one Cowherd, "borowed of hym
+to thuse of the Churche," "certeyn sylver Spones of the Churche
+stocke."[245] Finally, parishes would now and then make some cautious
+speculation in real estate, such as the buying of a local market or
+fair with a view to profit.[246]
+
+Leaving the subject of endowments we shall now take up in order the
+measures which may be called _Parish Expedients for raising money_.
+
+Of all means ever devised for obtaining large sums of money for parish
+uses, the most popular, as certainly the most efficacious, was the
+_Church-ale_. Widespread during the first years of Elizabeth's reign,
+church-ales, for reasons hereafter to be mentioned, ceased to be held
+in many parishes towards the end of the reign. They constitute,
+nevertheless, at all times during the 16th century an important
+chapter in the history of parochial finance. In some wardens' accounts
+the proceeds of these ales form a yearly recurring and an ordinary
+receipt item; in others ales were resorted to when some unusually
+large sum had to be raised, or some heavy expense was to be met, such
+as the rebuilding of the church tower, the recasting of the bells, the
+raising of a stock to set the poor to work, or the buying of a silver
+communion cup.[247] Frequently, also, funds were raised by means of
+ales called clerk-ales, sexton-ales, etc., to pay the wages of clerks,
+sextons and other servants of the parish. "For in poore Countrey
+Parishes," writes an early 17th century bishop, "where the wages of
+the Clerke is very small, the people ... were wont to send him in
+Provision, and then feast with him, and give him more liberality then
+their quarterly payments [or offerings] would amount unto in many
+years." Indeed, he continues, since these ales have been abolished
+"some ministers have complained unto me, that they are afrayd they
+shall have no Parish Clerks for want of maintenance for them."[248]
+
+Church-ales were usually held at or near Whitsuntide, hence they were
+also called Whitsun-ales or May-ales in the accounts. If the occasion
+were an extraordinary one, and it was sought to realize a large sum,
+notices were sent to the surrounding parishes, say to ten, fifteen, or
+more, to be read aloud from the pulpits of their respective churches
+after service, which notices contained invitations to any and all to
+come and spend their money in feasting and drinking for the benefit of
+the parish giving the ale. As the day approached for the opening of
+the ale, which, if it were a great one, would be kept for four or five
+days or more, all was bustle in the parish to prepare for a feasting
+which often assumed truly Gargantuan proportions. Cuckoo kings and
+princes were chosen, or lords and ladies of the games; ale-drawers
+were appointed. For the brewing of the ale the wardens bought many
+quarters of malt out of the church stock, but much, too, was donated
+by the parishioners for the occasion. Breasts of veal, quarters of fat
+lambs, fowls, eggs, butter, cheese, as well as fruit and spices, were
+also purchased. Minstrels, drum players and morris-dancers were
+engaged or volunteered their services. In the church-house, or church
+tavern, a general-utility building found in many parishes, the great
+brewing crocks were furbished, and the roasting spits cleaned. Church
+trenchers and platters, pewter or earthen cups and mugs were brought
+out for use; but it was the exception that a parish owned a stock of
+these sufficient for a great ale. Many vessels were borrowed or hired
+from the neighbors or from the wardens of near-by parishes, for, as
+will presently be seen, provident churchwardens derived some income
+from the hiring of the parish pewter as well as money from the loan of
+parish costumes and stage properties. When the opening day arrived
+people streamed in from far and wide. If any important personage or
+delegation from another village were expected, the parish went forth
+in a body with bag-pipes to greet them, and (with permission from the
+ecclesiastical authorities) the church bells were merrily rung out. At
+the long tables, when the ale was set abroach, "well is he," writes a
+contemporary, "that can get the soonest to it, and spend the most at
+it, for he that sitteth the closest to it, and spendes the most at it,
+hee is counted the godliest man of all the rest ... because it is
+spent uppon his Church forsooth."[249] The receipts from these ales
+were sometimes very large. So important were they at Chagford, Devon,
+that the churchwardens were sometimes called alewardens.[250] At Mere,
+Wilts, out of a total wardens' receipts of L21 5s. 7-1/2d. for the two
+years 1559-61, the two church-ales netted L17 3s. 1-1/2d.,[251] thus
+leaving only L5 2s. 6d. as receipts from other sources for these two
+years. At a later period, on the other hand, this relation of receipts
+was entirely reversed. For instance, in 1582-3 the wardens secured
+only L4 10s. 4d. from their ale, while proceeds from other sources
+amounted to L17 9s. 7d.[252]
+
+In the thirty-one years from 1556-7 to 1587-8 in this parish the
+recorded wardens' expenditures had more than doubled. In the
+first-named year they had been but L8 I2s. 5d.;[253] in the latter
+year they had swelled to L18 14s 3-1/2d.[254] This characteristic is
+true of all Elizabethan church budgets, and the writer has seen a
+number of them.[255] The Wootton churchwardens enter under the year
+1600 the following: "Rec. by our Kingale, all things discharged, xij
+li. xiiij[s]. jd. ob.," an important sum for the day.[256]
+
+Besides the churchwardens other wardens or gilds sometimes busied
+themselves with the selling of ale for the benefit of the church. One
+of these gilds at South Tawton, Devon, records in its accounts for
+1564: "We made of our alle and gathering xl l. viijs. viijd."[257]
+
+So important a source of parish income had to be carefully looked
+after. A church-ale with its attendant festivities for drawing
+visitors was an important business matter. Accordingly we find the
+parishioners of St. John's, Glastonbury, making an order in 1589 "that
+the churchwardens shall yearly keape ale to the comodeti of the
+parishe upon payne of xxs. a yere."[258]
+
+In Ashburton, Devon, in 1567 Christopher Wydecomb had to pay 20s. to
+the wardens "because he refused the office of the drawer of the church
+ale."[259] At Wing, Bucks, those refusing "to be lorde at Whitsuntyde
+for the behofe of the church" were fined 35. 4d. apiece.[260] In some
+places these masters of the revels were called Cuckoo Kings, and the
+office seems to have gone in rotation like other parish offices.[261]
+
+When invitations had been sent out to surrounding parishes,
+interparochial courtesy seems to have required the attendance either
+of the churchwardens or of some other more or less official
+representatives of the neighboring communities. These representatives
+carried with them some small contribution made at the expense of their
+respective parishes ('ale-scot').[262]
+
+Because of the alleged drunkenness and disorderly conduct attendant
+upon some of these ales, the justices of assize and the justices of
+the peace attempted in some shires to put them down on various
+occasions.[263] More effective, perhaps, in doing away with them was
+the gradual growth of Puritanism.
+
+In conclusion it should be remarked that church-ales seem to have
+obtained only in Central and Southern England. The huge and thinly
+populated parishes of the North did not favor the development of an
+institution so essentially social in its character.
+
+_Church Plays, Games_ and _Dances_ were allied in a measure with
+church-ales, partly because they were sometimes held concurrently with
+them, partly because they served as a substitute for the ales when
+these fell into disrepute. Miracle plays and other pageants were given
+by certain parishes from time to time, too frequently in the churches
+themselves, in which case the wrath of the ordinary was called down
+upon the parish if he heard of them.[264] Some parishes kept various
+costumes and stage properties, which were hired out to other parishes
+when not in use.[265] May games, Robin Hood plays or bowers, Hocktide
+sports and forfeits, morris-dances and children's dances were all
+turned to the profit of the church, collections being taken up at
+them.[266] Morris coats, caps, bells and feathers were frequently
+loaned out for a consideration by wardens to other parishes.[267]
+
+_Church-house_. Here were the brewing kettles and the spits, and here
+was stored church grain or malt for beer making.[268] Here, too,
+presumably, the pewter ale pots, trenchers, spoons, etc., which figure
+in the accounts, were kept. These were hired out to other parishes for
+their ales.[269] While ale was brewed and drunk in the church-house
+for the benefit of the parish, and that apparently on other occasions
+than church-ales, it does not seem probable that the place was often
+allowed to degenerate into a common ale-house, even though in some
+parishes it may have borne the name of "church tavern."[270] When not
+required for parish purposes the church-house was rented out, and
+rooms in an upper story were used for lodging.[271]
+
+As church-ales fell into disfavor _Offerings_ or _Gatherings_ in
+church or at the church door became more frequent[272] and more
+systematized. As time went on these collections were regularly taken
+up in many parishes every quarter, usually at Easter, Midsummer,
+Michaelmas and Christmas.[273] Hence the name quarterage.[274] When
+the proceeds went to general church furnishing and repairing, the
+gatherings wrere sometimes called in the accounts "church works."[275]
+As the sum given by each was often noted down in "quarter books" or
+"Easter books,"[276] and was, on denial, occasionally sued for before
+the official (together with dues for other purposes--clerk's wages,
+pew rents, etc., presently to be noticed), an "offering" might become
+virtually an assessment or rate.[277]
+
+We come now to _Communion Dues_, or _Collections_ taken up at the time
+of communion.
+
+"_Paschall money_" is defined in a vestry order of Stepney parish,
+London, in 1581 as a duty of 1d. paid by each communicant at Easter
+"toward the charge of breade and wine over and besides theyre offering
+mony due unto the vicar." These paschal dues, the order further
+informs us, had long been farmed by the vicar for 40s. yearly. But now
+the yield of a penny from each communicant was "thought a thing so
+profitable and beneficiall," that only as a special mark of favor was
+the vicar to continue to farm it, but at L4 thenceforth instead of at
+40s.[278] "_Easter money_," an expression found not infrequently in
+the accounts, may have referred to the same payment, or it may have
+designated the offering which generally followed the celebration of
+communion,[279] taken up, doubtless, from all those present, whether
+communicating or not, the proceeds of which might go to the minister
+or to the parish according to agreement or custom.
+
+Though the Second Edwardine Prayer Book (1552) provided that the
+elements were to be found by the curate and the wardens at the expense
+of the parish, which was then to be discharged of fees, or levies on
+each household, nevertheless, we meet with _Communion Fees_ or with
+house-to-house levies to defray the cost of bread and wine in many
+parishes during Elizabeth's reign.[280] In order to ensure payment  of
+the communion fee, tokens (or as we would say today, tickets) were
+provided in some parishes which were first to be handed in before the
+ministrant admitted the applicant to reception.[281]
+
+In a number of parishes a fine wine such as muscatel or malmsey was
+provided for the better sort, or the masters and mistresses, while the
+servants, or poorer folk, were served with claret.[282] Indeed where
+all were compelled to communicate thrice yearly the cost of wine was a
+very serious item.
+
+_Collections for the Holy Loaf_, that is, blessed but not consecrated
+bread, which went to defray the costs of administering the Eucharist,
+occur in some of the earlier Elizabethan accounts.[283] Surplus
+communion fee money, or communion offerings were devoted to the care
+of the poor and other expenses.[284]
+
+The heading _Clerk's Wages_, which is so often met with in the
+wardens' receipt items, frequently serves (as do several other special
+headings) as a mere peg on which to hang a collection for various or
+even for general parish expenses.[285]
+
+_Pews_ and _Seats in Church_ were often made a source of revenue. Thus
+at St. Mary's, Reading, it was agreed in 1581 by the chief men of the
+parish, in order to augment the parish stock and to maintain the
+church, because "the rentes ar very smale," that those sitting in
+front seats in the church should pay 8d., those behind them 6d., the
+third row 4d., and so on.[286]
+
+At St. Dunstan's, Stepney parish, London, a book was made by the
+wardens "whearein was expressed the pewes in the whole Church,"
+distinguished by numbers. "Also there was noted against everie pewe
+the price that was thought reasonable it shoulde yeeld by the
+yeare.... The w[hi]ch rates by this vestrie is allowed and confirmed
+to be imploied to the use of the parish Church." When a few months
+later it was determined to build a gallery because the congregation
+needed more seats, it was also settled that the cost should be met by
+a year's pew rent in one payment down, over and besides the usual
+quarterly payments for seats.[287] Sometimes the seats were sold
+outright and for life only.[288]
+
+_Mortuary Fees_ were a source of revenue in almost all parishes, and
+sometimes an important one.[289] Consequently tariffs of fees were
+drawn up in various places. So much is charged for interment within,
+so much for burial without the church; so much for a knell according
+to duration and according to size of the bell; so much for the
+herse--a sort of catafalque--so much for the pall, the fee varying
+from that charged for "the best" to that charged for "the worst
+cloth"; so much if the body is coffined or uncoffined, most of the
+dead being buried in winding sheets only, though the parish provided a
+coffin for the body to lie in during service in church and for removal
+to the graveside.[290] So, too, one fee was charged for interring a "
+great corse," another for a "chrisom child."[291] All, in fact, is
+tabulated with minute precision, the minister getting certain fees for
+himself alone, and sharing others with the parish; and so of the clerk
+and of the sexton, if any. Among other reasons alleged by the vestry
+of Stepney parish for dismissing their sexton in 1601 was because he
+made "composic[i]on with diu[er]s & sundry p[ar]ishoners for the
+duties of the church to the hinderannce & great damage of the
+bennefitt of the church & p[ar]ishoners."[292]
+
+_Fees_ for _Weddings, Christenings_ and _Churchings_, and for the
+ringing of the bells (at marriages), together with the _Offerings_
+taken up on these occasions, might form a source of revenue to the
+parish, either going directly into the parish coffers, or being paid
+in whole or in part to minister, clerk or sexton, who, after all, had
+to be supported by the parish (or otherwise), being essential officers
+or servants.[293]
+
+The parish poor and the parish church derived an uncertain, but by no
+means negligible, income from the product of _Fines for various
+Delinquencies_.
+
+In the previous chapter fines for non-attendance at church have been
+alluded to.[294] A contemporary, writing in 1597, refers to these as
+an important fund for the support of the poor if duly levied. He
+writes: "Whereunto [he is speaking of various means to alleviate
+poverty] if we adde the forfaiture of 12 pence for euerie householders
+absence from Church (man and woman) forenoone and after, Sunday and
+holiday (according to the statute without sufficient cause alledged)
+to be duely collected by Churchwardens and other appointed to that
+end, with the like regard for Wednesday suppers: there would be
+sufficient releefe for the poore in all places ...."[295]
+
+Ecclesiastical courts sometimes condemned offenders to pay a fine for
+the use of the poor.[296] Sometimes they commuted a penance for money
+to go to church-repair or to the parish poor.[297] The churchwardens
+or overseers of the poor accounts also mention fines received for
+profanation of the Sabbath and for offences during service time.[298]
+The Star Chamber often condemned offenders, especially enclosers of
+cottage land and engrossers of corn, to fines for the benefit of the
+poor.[299] Finally, most parishes derived some income from fining men
+various sums for refusing parish offices; for neglect of duty when in
+office; and for not attending duly called vestry meetings. Sometimes a
+parishioner would pay down a large lump sum for exemption forever from
+all offices served by the parishioners.[300]
+
+Yet another irregular but appreciable means of revenue might be
+classed under the heading of _Miscellaneous Receipts_.
+
+As the parishioners were always eager to turn an honest penny for
+their own benefit, no possible source of receipts was neglected. If,
+for instance, any part of the church or the church premises might,
+temporarily or permanently, be rented out without drawing upon the
+community the censure of the ordinary, the parishioners were happy to
+do so. Owners of structures of any kind encroaching upon the
+churchyard, or other church land, were promptly made to pay for the
+privilege.[301] Occasionally parishes derived more or less large sums
+from the sale of parish valuables. The sale of costly vestments,
+embroideries, hangings, images, chalices, pyxes and other church
+furnishings and ornaments condemned as superstitious by the Anglican
+church, brought some income to the wardens of most parishes during the
+first years of Elizabeth. Examples will be found in all the accounts.
+Now and then, too, a parish would make a large sum from the sale of
+the wood or other products of parish lands.[302] A fairly common item
+in city parishes especially were fees paid for licences to eat flesh
+during Lent and on other legal fast days.[303]
+
+When an Elizabethan parish undertook some work on a great scale, such
+as the rebuilding of its church, or of the church steeple; or, again,
+when it had suffered great losses by fire or flood, it solicited
+through _Begging Proctors_ the _Contributions of Outsiders_, sometimes
+from all parts of England.[304]
+
+To terminate our enumeration of means of raising money, or of
+contributions of all sorts on which the wardens could count (as apart
+from rates, properly so-called), we might mention _Fixed
+Contributions_, of money or of labor, issuing out of certain
+tenements; and _Annual Payments to Mother Churches_. Certain lands or
+houses, generally abutting on the church grounds, had fixed upon them
+the obligation to repair a certain portion of the churchyard
+enclosure, Tenement X, so many feet of fence, Tenement Y, such a
+portion of brick or stone wall, and so forth.[305]
+
+Sometimes also certain houses or lands are spoken of as yielding so
+much a year for the repair of the church and the support of the
+poor.[306] Incidentally we might mention--though hardly connected with
+parish finance--certain payments for church repair, etc., claimed of
+old by some cathedral churches from the parishes of the diocese.
+Originally a tax varying from a farthing to a penny for each household
+(hence the names "smoke farthings," "hearth penny," "smoke silver"),
+the payments were commuted for a small lump sum exacted yearly. Thus
+we find in the Elizabethan accounts mention of "St. Swithin
+farthings;"[307] of "Ely farthings;"[308] of "Lincoln farthings,"[309]
+etc., according to the _name_ of the cathedral to which they were
+paid; or, again, of "Whitsun farthings;" of "Pentecost farthings,"
+etc., according to the _time_ of the year at which the payments were
+made.[310] These payments must not be confused with "Peter's pence,"
+which had before the Reformation been paid by English parishes to
+Rome.[311]
+
+Lastly the mother parish church, in large parishes requiring chapels
+of ease, would exact (when it could) contributions from those
+congregations who frequented for ordinary divine worship these chapels
+of ease within the parish. And these exactions would be made
+irrespective of the fact that these congregations were bound to repair
+their own chapels and possessed their own churchwardens.[312]
+
+When the means or expedients we have hitherto set forth were found
+insufficient, or impracticable, or too tardy for an emergency, the
+parish was compelled to resort to _Rates_ or _Assessments_.
+
+Assessments were levied in all sorts of ways and for all sorts of
+purposes. In an emergency, or if the sum to be raised was not large, a
+levy might be made by the principal men of the parish upon themselves
+only.[313] A "rate" might, however, be made to collect a very small
+sum, as well as a very large one.[314] All kinds of units or rules of
+assessment were resorted to from parish to parish, and (apparently)
+sometimes no fixed unit at all was taken, men's ability to pay being
+roughly gauged, or a man being permitted to rate himself,[315] or give
+his "benevolence."
+
+In the wardens' accounts are frequently seen long lists of names, each
+being taxed at a sum varying from 1/2d. to three or four shillings.
+Such lists may represent an attempt to tax each man at 1/2d. or 1d. in
+the pound, or, likely as not, it may merely mean a crude sizing up of
+the ability of each to contribute.
+
+Furthermore, a "rate" might consist in a fixed sum, the same for all,
+and levied by polls or by households,[316] say 1d. or 2d. each. Or,
+again, it might be levied by pews at varying sums.[317] Assessments to
+pay the parish clerk or sexton might sometimes be made in kind, and
+issue from households, from cottages, or from ploughlands: so much
+corn at Easter, so much bread, so many eggs.[318]
+
+When it came to the more accurate basing of rates upon lands, or goods
+at a valuation, the inhabitants of the various communities observed no
+uniform ratio of taxation from parish to parish, nor even in the same
+parish, and disputes were always recurring.[319]
+
+It must be borne in mind that parish financiering was largely of the
+hand-to-mouth variety. Indeed, it was difficult it should be
+otherwise, for the exigencies of the civil or the ecclesiastical
+authorities were constantly shifting, now a petty lump sum being
+required (and to be spent as soon as raised), now a great one to be
+disbursed in the same manner.
+
+In conclusion, a few observations on the parish as a financial unit in
+connection with county government may be made. There seems to have
+been no general treasury at the disposal of the hundred or of the
+county, but merely certain treasurers charged with the disbursement of
+this or that special collection for this or that special purpose. A
+collection is made by order of the justices, for instance, in certain
+hundreds, or throughout the shire, for the support of the prisoners in
+the county gaol, and a treasurer for the fund is appointed. Or it may
+be that this treasurer is a more or less permanent official. And so
+with collections for hospitals, for houses of correction, for great
+bridges, etc. If the constables levied more than was sufficient for a
+parish, or if the contemplated disbursement turned out to be less than
+originally estimated, the surplus, if the justices had no immediate
+use for it, might be returned to that parish to go back into the
+pockets of the rate payers.[320] Furthermore, it seems scarcely
+accurate in Elizabethan times to speak of any _county rate_,[321] for
+there was no recognized basis of assessment common to all parishes,
+unless it were at any given time the then prevailing subsidy rate, and
+a rating according to the subsidy books by the justices would fail to
+reach many whom a parish rating might attain. As a matter of fact the
+justices, when they had a large sum to levy on the county at large,
+almost always apportioned it in lump sums among the hundreds, or among
+the parishes of their respective divisions, according to "the bygnes
+or smallnes of their parishes."[322] It comes, then, to all practical
+intents and purposes to this: that each parish is left to produce
+according to its own local methods, or rating, the wherewithal for
+carrying on county government.
+
+While in local government itself the parishioners have practically no
+voice, the large measure of freedom they enjoy for the devising of
+ways and means to meet the demands made upon them (though they have no
+option whatever in granting or withholding supplies) gives to the
+parish a vigorous entity and a certain autonomous life of its own,
+which otherwise it never could have possessed over against the
+all-regulating and inquisitorial Tudor machinery of Church and State.
+
+As the reign advanced the parish developed a selfish, jealous and
+exclusive gild life of its own, especially under the operation of the
+poor laws.
+
+Non-parishioners, or "foreigners," were viewed with the strongest
+suspicion. Generally they were discriminated against if they happened
+to have dealings with the parish. Wedding or funeral fees were doubled
+in their cases.[323] If the parishioners could have had their will no
+alien poor could have gained a settlement amongst them--no, not even
+after twenty years' residence. In 1598 the West Riding, Yorkshire,
+justices were compelled to interfere in favor of divers poor persons
+in various parishes, where officers were seeking to expel them as
+vagrants born elsewhere, though they had been domiciled in their
+adopted communities for twenty years and upwards.[324]
+
+Already that "organized hypocrisy," so characteristic of parish life
+in later reigns, shows itself in the many presentments of, and
+petitions against, persons supposedly immoral--especially single
+women. Not zeal for morality prompts these indictments, but fear that
+the community may have to support illegitimate children.[325] Quite
+typical of the times is the language held by the inhabitants of Castle
+Combe in appealing to the Wiltshire justices against a townwoman in
+1606. They are apprehensive, they say, lest "by this licentious life
+of hers not only God's wrath may be powered downe uppon us ... but
+also hir evill example may so greatly corrupt others than great and
+extraordinary charge ... may be imposed uppon us."[326]
+
+Few laws on the statute book were so frequently enforced as the 31
+Eliz. c. 7, which required four acres to be laid to every cottage to
+be constructed, for there was a powerful local backing behind the law.
+When John Fletcher, "a meere stranger lately come into this Parish
+with his wife and children," took certain parcels of land in Severn
+Stoke in 1593, and was suspected of the intention to build a cottage
+without laying to it the requisite number of acres, the parishioners
+immediately complained to the Worcester justices, for they wanted to
+provide against the contingent liability of having to support the
+inmates.[327] Four acres was then the quantity considered necessary to
+maintain a man and his family. It was an indictable offence to sublet,
+for then there would be two families where only one was before. Nor
+could lodgers be taken, for such increase of the inmates of the house
+would surcharge the land.[328]
+
+In short, that feeling of distrust and discrimination against the
+outside world, which, in the 18th century, led a Lancashire vestry to
+dub all outsiders "foreigners,"[329] is already fully developed by the
+end of the 16th century. But we must also recognize that this feeling
+engendered in the parish itself solidarity of interests, close
+fellowship and local spirit.
+
+FOOTNOTES:
+
+[1] Richard Hooker, _Ecclesiastical Polity_, Bk. viii, 448-9 (ed.
+1666).
+
+[2] Coke, 4 _Inst_., 320 (ed. 1797).
+
+[3] See 14 Eliz. c. 5, sec. 16, and 39 Eliz. c. 3.
+
+[4] 37 Hen. VIII, c. 17, re-enacted I Eliz. c. I. "The real effect of
+the statute was this--that lay lawyers were substituted for the
+clerical canonists of pre-Reformation times." Lewis T. Dibden, _An
+Historical Inquiry into the Status of the Ecclesiastical Courts_
+(1882), 59. By canon cxxvii of the Canons of 1604 in order to be a
+chancellor, a commissary, or an official in the courts Christian, a
+man must be "_ad minimum magister artium, aut in jure bacalareus, ac
+in praxi et causis forensibus laudabiliter exercitatus_." E. Cardwell,
+_Synodalia_ (etc.), i, 236. Cf. Blomefield, _Hist. of Norfolk_, iii,
+655-6 (Parker's report, 1563. Officials of the archdeacons not
+required to be in orders). E. Cardwell, _Documentary Annals of the
+Reformed Church of England_, i, 426 (Complaint in a document of circa
+1584 [or later] that excommunication is executed by laymen. In the
+answer by the bishops it is stated [_ibid_., 428] _inter alia_, "that
+in later times, divines have wholly employed themselves to divinity
+and not to the proceedings and study of the law"). To the same effect,
+but for a later period, see White Kennett, _Parochial Antiquities_
+(Oxon. ed. 1695), 642.
+
+[5] Harrison, writing in 1577, says that archdeacons keep, beside two
+visitations or synods yearly, "their ordinarie courts which are holden
+within so manie or more of their several deaneries by themselues or
+their officials once in a moneth at the least." Harrison, _Description
+of England_, Bk. ii, _New Shakespeare Soc_. for 1877 (ed. Dr.
+Furnivall), p. 17. Between 27th Nov., 1639, and 28th Nov., 1640, there
+were thirty sittings in the court of the Archdeacon of London. Hale,
+_Crim. Prec_., introd. p. liii. Any casual inspection of the
+visitation act-books reveals the fact that the judge sits either in
+court or in chambers between visitations, for offenders are constantly
+ordered to appear again in a few days or in a few weeks. Compulsory
+presentments were, however, limited by law and custom to two courts a
+year. See canons 116 and 117 of the Canons of 1604. Also Gibson,
+_Codex_, ii, 1001.
+
+[6] See p. 18 and p. 20 _infra_. For the duty to read the injunctions
+or the articles based on them see p. 32 _infra_.
+
+[7] See 5 Eliz. c. 3. _Stats. of the Realm_, iv, Pt. i, 411. Also
+Visitation of Warrington Deanery in 1592 by the Bishop of Chester in
+_Lancashire and Cheshire Historic Soc. Trans_., n. s., x (1895), 186
+_et passim_. Hereinafter cited as _Warrington Deanery Visit_. Cf. also
+Grindal's Injunc. for the Province of York (1571), art. 17, _Remains
+of Grindal, Parker Soc_., 132 ff.
+
+[8] See Visitations of the Archdeacon of Canterbury, _Archaeologia
+Cantiana_, xxvi (1904), 24 (1602). Mr. Arthur Hussey has published
+copious extracts from the act-books of these visitations extending
+over a considerable period in vols. xxv-xxvii of the _Arch. Cant_.
+Hereinafter cited as _Canterbury Visit_., xxv (etc.). For
+perambulations see p. 27 _infra_.
+
+[9] Cordy Jeaffreson, _Middlesex County Records_, i, 100-1 (Indictment
+reciting that John Johnson had had due notice in his parish church,
+yet had not sent his wain, etc., 1576). Cf. provisions of the statutes
+5 Eliz. c. 13, and 18 Eliz. c. 10, _Stats. of Realm_, iv, Pt. i,
+441-3, and 620-1 respectively.
+
+[10] Brownlow v. Lambert, C.B., 41 Eliz., I _Croke Eliz. Rep.,
+Leache's ed_. (1790), Pt. ii, 716.
+
+[11] _Canterbury Visit_., xxvi, 23 (1599); _ibid_., 20 (1591). W.H.
+Hale, _A Series of Precedents in Criminal Causes from the Act Books of
+the Ecclesiastical Courts of London_, 1475-1640 (pub. in 1847), 190
+(Schoolmaster of Stock presented in court for defacing the church "in
+makinge a fire for his schollers," 1587). This work hereinafter cited
+as Hale, _Crim. Prec_.
+
+[12] Constables Acc'ts of Melton in _Leicester Architec. and Archaeol.
+Soc. Trans_., iii (1874), 72-3. Chelmsford Churchwardens Acc'ts in
+_Essex Archaeol. Soc. Trans_., ii (1863), 225 ff.
+
+[13] Stratton (Cornwall) Churchwardens Acc'ts, _Archaeologia_, xlvi,
+200 ff. _s. a_. 1565 and editor's note.
+
+[14] "Sir W.. A.. and I with divers other justices, being met together
+at Sondon church" (1582). Strype, _Annals of the Reformation_, iii,
+Pt. ii, 214. This meeting here may have been in the churchyard.
+
+[15] See in the _Antiquary_, xxxii (1896), 147-8, the inquest held at
+St. Botolph Extra Aldgate (1590), and the coroner's judgment delivered
+in the church that a suicide should be buried at cross-roads with a
+stake through her breast.
+
+[16] For the noisy proceedings in Bow Church and in St. Paul's,
+London, see _The Spiritual Courts epitomised_ [etc.], a satire printed
+in 1641 at London. For this and similar satires see Mr. Stephen's
+_Catalogue of Political and Personal Satires_ in Brit. Mus. (1870).
+Cf. Strype, _Life of Grindal_ (Oxon. ed. 1821), 83 ff. (Proclamation
+of 1561 for reverent use of churches). Also Augustus Jessop, _One
+Generation of a Norfolk House_, 15. Sir J.F. Stephen, _Hist. of
+Criminal Law_, ii. 404.
+
+[17] In the Canons of 1571 the churchwardens are called "_aeditui_,"
+in those of 1604 "_oeconomi_." In the older churchwardens accounts
+their Latin designations are "_gardiani_" and "_custodes_," sometimes
+"_prepositi_" (or 'reeves'). English equivalents are churchmen,
+highwardens, stockwardens (alewardens even), kirkmasters, church
+masters, proctors, etc. Sidemen are called also questmen, assistants
+and (apparently) sworn men or jurates. They do not always appear in
+small country parishes, neither are they generally found before the
+latter half of Elizabeth's reign. Their Latin appelation was "_fide
+digni_" and they were chosen from among the parishioners to the number
+of two, four, six or more to present offences along with the
+churchwardens, or offences which the wardens would not present
+(Gibson, _Codex_, ii, 1000). The sidemen went about the parish during
+service time with the wardens and warned persons to come to church
+(See p. 23 _infra_). For rector, etc., see p. 30 _infra_.
+
+[18] Toulmin Smith, _The Parish_ (2d ed., 1857), 69 ff., strongly
+insists that churchwardens "never were ecclesiastical officers." But
+the authorities he cites are post-Elizabethan. The courts in
+Elizabeth's time held that the execution of the office "doth belong to
+the Spirituall jurisdiction" (See Brown v. Lother, 40 Eliz., in _J.
+Gouldsborough's Rep_., ed. 1653, p. 113). Lambard (_The Duties of
+Constables_, etc., ed. 1619, p. 70) says that wardens are taken in
+favor of the church to be a corporation at common law for some
+purposes, viz., to be trustees for the church goods and chattels.
+
+[19] See "The Othe which the Parsons ... shall minister to the Churche
+Wardens," of which the text is given in Bishop Barnes' Injunctions and
+other Ecclesiastical Proceedings, _Surtees Soc_., xxii (1850), 26
+(Hereinafter cited as _Barnes' Eccles. Proc_.). The wording of this
+oath is evidently very similar to, if not identical with, that of the
+oath administered to the wardens by the archdeacon.
+
+[20] For a number of examples clearly illustrating this point see
+Visitations of the Dean of York's Peculiar, _Yorkshire Archaeological
+Journal_. xviii (1905), 202, 221, 222, 224, _et passim_. Hereinafter
+cited as _Dean of York's Visit_. We have a number of these articles of
+inquiry formulated by archbishops or bishops. _E.g._, see in T. Nash,
+_Hist. and Antiq. of Worcestershire_, i, 472 (Wardens of Grimley make
+answer to the 5th and 6th articles inquired of by the bishop in 1585).
+Cf. Cardwell, _Doc. Ann._, ii, 13-16 (Whitgift's Articles of 1588).
+
+[21] _E.g., Canterbury Visit_., xxv, 12 (Birchington wardens arraigned
+in court "for that they have not presented divers faults Committed
+within the parish." 1591). Act-Books in _Barnes' Eccles. Proc_., 118
+(A warden of Long Newton detected to the official because "he refused
+to present faltes with his fellowe churchwardone, _et fatebatur
+delationem_, viz., that he wolde not present his owne wief." 1579).
+_Ibid_., 129 (1580). See also _Warrington Deanery Visit_., 188
+("Departing and not exhibitinge there presentments"). W.H. Hale,
+_Precedents in Causes of Office against Churchwardens and Others_
+(1841), 81 (Wardens of Sarratt [Herts] excommunicated for not
+exhibiting their "_billas detectionum_." 1577). The last named work
+hereinafter cited as Hale, _Churchwardens' Prec_.
+
+[22] For numerous examples of excommunication for non-appearance, see
+_Barnes' Eccles. Proc_., 29 ff. Under the heading of each parish we
+see "_aegrotat_" or "_excusatur_," or "_nullo modo_" (_sc. comparuit_)
+placed after the name of each person cited to attend from that parish.
+Incumbents, wardens and sidemen were almost always in attendance.
+Schoolmasters usually so when there were such. Delinquent parishioners
+were of course cited in person, or remanded to appear at the next
+court day holden elsewhere. Upon non-appearance the formula usually
+entered by the registrar or scribe in the act-book was "_et omnes et
+singulos hujusmodi non comparentes [judex] pronuntiavit contumaces et
+eos excommunicavit in scriptis_." At Alnwick in 1578 fifteen persons
+were excommunicated for non-attendance. _Barnes' Eccles. Proc_., 41.
+Cf. Hale, _Crim. Prec., passim_.
+
+[23] Lists of "furniture," implements and books will be found in the
+metropolitan or diocesan injunctions of the time. A typical one is
+given in _Barnes' Eccles. Proc_., 25, entitled "The furnitures,
+implements and bookes requisite to be had in every churche, and so
+commaunded by publique aucthoritie" (1577). Cf. Cardwell, _Doc. Ann_.,
+i, 287 ff. ("Advertisements partly for due order in the publique
+administration of common prayers [etc.] ..." Jan., 1564).
+
+[24] _Warrington Deanery Visit_., 184.
+
+[25] That is, Bishop John Jewel's _Apologia Ecclesiae Anglicanae_,
+published in 1560, and his _Defence of the Apology_, published in
+1567, sometimes called in the act-books and wardens accounts (where
+both works are frequently mentioned) _The Reply to Mr. Harding_.
+
+[26] _Barnes' Eccles. Proc_., 116.
+
+[27] J.L. Glasscoek, _The Records of St. Michael's, Bishop Stortford_
+(1882), 63. See also Minchinhampton (Gloucester) Acc'ts,
+_Archaeologia_, xxxv, 422 ff. ("Allowynge the regester booke." 1575).
+_Shrop. Arch, and Nat. Hist. Soc. Tr_., 2d Ser., i, Ludlow Acc'ts, _s.
+a_. 1585-6 (Record of the new bible and other books).
+
+[28] Glasscock, _op. cit_., 59 (1578).
+
+[29] Hale, _Crim. Free_., 170-1.
+
+[30] Visitations of the Dean of York's Peculiar, _Yorkshire
+Archaeological Journal_, xviii (1905), 209.
+
+[31] _Ibid_., 210.
+
+[32] With the exception of the High Commission by the terms of its
+commission. See the writ of 1559 in Gee, _The Elizabethan Clergy and
+the Settlement of Religion_, 150. Also Cardwell, _Doc. Ann_., i, 220,
+for the Commission for York in 1559. As a matter of fact, as will
+appear from the illustrations cited, fines were virtually inflicted by
+way of court or absolution fees. Again, while the canons or
+injunctions forbade the commutation of penance for money, an exception
+was made for money taken _in pios usus_, such as church repair or the
+relief of the poor. Examples of the practice will be found in Hale,
+_Crim. Prec_., 232 (Repair of St. Paul's, London); _Warrington Deanery
+Visit_., 189 (Poor); Chelmsfofd Acc'ts, _Essex Arch. Soc., ii_, 212
+(Paving of church). For fines inflicted for the benefit of the poor
+see _Barnes' Eccles. Proc_., 122 ("For that he gave evill words" an
+offender was enjoined by the judge to pay 2s. to the poor and to
+certify); Hale, _op. cit_., 198 (An offender to pay a rate of 4d., and
+12d. more _"pro negligentia_." 1589/1590) _Cf_. Canons of 1585 in
+Cardwell, _Synodalia_, i, 142.
+
+[33] _Barnes' Eccles. Proc_., 24 (1577). In the case of individuals
+interdiction or suspension _(i.e_., from service and sacraments) does
+not differ in effect from excommunication, except that the former are
+temporary penalties and to terminate upon compliance with the judge's
+order. See Burn, _Eccles. Law_ (ed. 1763), i, 616 (Interdiction) and
+ii, 362-3 (Suspension).
+
+[34] Thomas North, _A Chronicle of the Church of St. Martin's in
+Leicester_ (1866), 116 (1568-9).
+
+[35] _Leicester Archit. and Archaeol. Soc. Tr_., iii (1874), 192
+(1567).
+
+[36] _Ibid_., 197 (1594-5).
+
+[37] W.F. Cobb, _Churchwardens Accounts of St.
+Ethelburga-within-Bishopsgate_ (1905), p. 10 (1595) and p. 12 (1604),
+respectively. Stanhope was chancellor to the bishop of London.
+
+[38] See p. 46 ff. _infra_.
+
+[39] See _infra_ p. 40, p. 48 (note 169), p. 131, etc. Also Ch. ii,
+_infra_. _Cf_. note 32 _supra_ (p. 19).
+
+[40] Hale, _Crim. Prec_., 155.
+
+[41] Ordinary is that ecclesiastical magistrate who has regular
+jurisdiction over a district, in opposition to judges extraordinarily
+appointed. At common law a bishop was taken to be the ordinary in his
+diocese, and so he was designated in some acts of Parliament. But as a
+matter of fact 'ordinary' signifies any judge authorized to take
+cognizance of causes by virtue of his office or by custom. Such were
+pre-eminently the archdeacons. These officers, at first merely
+attendant on the bishops at public services, were gradually entrusted
+by the latter with their own jurisdictional powers, owing to the vast
+extent of dioceses, so that "the holding of General Synods or
+Visitations when the Bishop did not visit, came by degrees to be known
+and established Branches of the Archidiaconal Office, as such, which
+by this means attained to the dignity of Ordinary instead of delegated
+jurisdiction." Edmund Gibson, _Codex Juris Ecclesiastici Anglicani_,
+or the _Statutes, Constitutions_ (etc.) _of the Church of England_, ii
+(1713), 998. Cf. Richard Burn, _Eccles. Law_, ii, 101-2. As the
+ordinary in practice entrusted his office of judge to an official, I
+have used the two terms interchangeably. In some places exempted from
+the archdeacon's jurisdiction commissaries acted as judges, Burn, i,
+391.
+
+[42] That is, services and sacraments (except baptism) were suspended
+in it. The words of Burn (_Eccles. Law_, i, 616, quoting Gibson, 1047)
+are misleading. He says: "But this censure hath been long disused; and
+nothing of it appeareth in the laws of church or state since the
+reformation." Of course interdiction _temp_. Elizabeth was no longer
+the terrible punishment it used to be.
+
+[43] At Shrewsbury.
+
+[44] _Shrop. Arch, and Nat. Hist. Soc. Tr_., i (1878), 62.
+
+[45] R.W. Goulding, _Records of the Charity known as Blanchminster's
+Charity_ (1898), Stockwardens Acc'ts, 68. For other examples of
+interdiction of churches or excommunication see Hale, _Churchwardens'
+Prec_., 111-12 (Shoreham Vetera interdicted. 1599/1600), _et passim_.
+
+[46] Except in the city of London and some few other places, the
+chancel was at the charge of the rector or other recipient of the
+great tithes. Sidney and Beatrice Webb, _English Local Government_
+(1906), 20, _note_. Also W.G. Clark-Maxwell in _Wilts Arch_. etc.
+_Mag_., xxxiii (1904), 358. H.B. Wilson, _History of St. Laurence
+Pountney_ (London, 1831), 73.
+
+[47] _Canterbury Visit_., xxvi, 21.
+
+[48] _Ibid_.
+
+[49] _Ibid_., 32. In 1599 the wardens of this parish inform the
+archdeacon that both church and churchyard need repairs "which we mean
+shortly to do." The next year, too, they make a report in almost
+identical words. _Ibid_., 33.
+
+[50] See p. 15 _supra_.
+
+[51] _Dean of York's Visit_., 341.
+
+[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 L60 "_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 L20 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 Archaeol. Soc. Tr_., vi, 302.
+
+[163] "_A writing of the bishops in answer to the book of articles
+offered the last session of parliament anno reginae_ 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.
+_Archaeologia_, 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 L1. 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, _Archaeologia_, 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 L9 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 L4 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 L6. 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.
+
+[216] _E.g._, the Grasswardens of St. Giles, Durham, who managed the
+common lands of the parish, and accounted yearly for them. They made
+disbursements for many parish expenses which elsewhere churchwardens
+usually paid out (_e.g_., for bridges, houses of correction, poor
+prisoners, armor and musters), yet were themselves distinct from the
+churchwardens. See _Surtees Soc_., xcv, I ff. Cf. the bridge wardens
+of Loughborough, Leicester (W.G.D. Fletcher, _Hist. of L_., 1883, pp.
+40 ff). Also the townwardens of Melton Mowbray, _Leicester Archit_.
+(etc.) _Soc_., iii, 61-2, _note_.
+
+[217] Hudson, _Memorials_, etc., 88.
+
+[218] That is (apparently) holdings returning L4 of rent annually.
+
+[219] Pasture.
+
+[220] _Surtees Soc_., lxxxiv, 15.
+
+[221] Editor's (Mr. Barmby's) introd., _ibid_., 4.
+
+[222] (Dean) G.W. Kitchen, The Manor of Manydown, _Hants Rec. Soc_.,
+1895, 171. For other examples both of parish cows and sheep: see Hale,
+_Crim. Prec_., 221 (40 parish sheep of Billericay, Essex, for the
+relief of the poor. 1599). Littleton, Worcestersh. Acc'ts, _Midland
+Antiquary_, i (1883), 107 (Purchase of cow for parish in 1556).
+_Ibid_., 108 (Wintering of a church heifer). Morton, Derbysh., Acc'ts,
+_The Reliquary_, xxv, 17 (Same as above. 1593). Owen & Blakeway,
+_Hist. of Shrewsbury_, ii, 342 (St. Mary's had in 1544 ten cows and
+three sheep renting for L1 1s. 8d. yearly). Rotherfield Acc'ts,
+_Sussex Arch. Coll_., xli, 26, 46. St. Michael's, Bath, Acc'ts,
+_Somerset Arch_. (etc.) _Soc_., xxiii, introd., _et passim_. Great
+Witchingham, _Norf. and Norw. Arch. Soc_., xiii, 207 (Cows in 1604).
+Hartland, Devon, Acc'ts, _Hist. MSS. Com. Rep_., v, Pt. i (1876), 573a
+(Custom _circa_ 1601 for poor to leave sheep to church by will).
+Hudson, _Memorials_, etc., 106-10 (Parish meeting about renting out of
+cows. Surety bonds given by hirers in 1580 ff.). Many other examples
+will be found in the wardens acc'ts and elsewhere.
+
+[223] See Hudson, _op. cit., supra_, 106. In 1595 two cows were
+bequeathed to Lapworth to be rented out at 20 d. yearly. The proceeds
+of one to mend a certain parish road, of the other to support
+the poor (_ibid_., 109).
+
+[224] Art. xxv, Cardwell, _Doc. Ann_., i, 189 ff. So in the Visitation
+Articles of the same year (_ibid_., 213) we read: "Item, whether the
+money coming and rising of any cattle or other movable stocks of the
+church [etc.] ... have not been employed to the poor men's chest."
+
+[225] In North Elmham the term "office land" seems to have been used
+for lands set apart for the remuneration of parish servants. See A.G.
+Legge, _North Elmham Acc'ts_, 81, _s.a._ 1566: "It[e]m for office Land
+of the ten[emen]te fost[er] ... vij d." Cf. Mr. Legge's _note_ (p.
+129). He cites other examples in Norfolk parishes, viz., "Constable
+Acre" in Stuston, "Constable Pasture" in Fralingham, "Dog Whipper's
+Land" in Barton Turf. Cf. J.L. Glasscock, _Records of Bishop
+Stortford_, 55 ("sexten's meade," 1563). In an early year _temp_.
+Henry VIII one Jesop left two tenements to Mendlesham, Suffolk, "to ye
+fyndyng of a clarke to pley att ye organys for a p[er]petuite." _Hist.
+MSS. Com. Rep_., v, Pt. i (1876), 596a. See also _Shrop. Arch. and
+Nat. Hist. Soc_., iii, 3rd ser. (1903), 315 (26s. and 8d. and 12
+bushels of rye issuing annually out of Idsal rectory for the
+poor and the maintenance of a clerk). E. Freshfield, _St.
+Christopher-le-Stocks' Acc'ts_, 38 (Bequest of a perpetuity of 20s.
+annually for clerk and sexton. 1602).
+
+[226] Swyre, Dorset, Parish Acc't Book in _Notes and Quer. for Somer.
+and Dorset_, iii (1893), 293 (Lands allotted by parish for support of
+a blind man).
+
+[227] _E.g., St. Christopher-le-Stocks' Acc'ts_, 38 (Yearly perpetuity
+of L3 4s. in bread and money to poor. 1602). _St. Michael's in
+Bedwardine Acc'ts_, 99 (House left to parish, 12s. of whose rental to
+go to poor, and 1s. to the churchwardens. 1590).
+
+[228] Butcher, _Parish of Ashburton_, 46 (Land given to buy shirts and
+smocks for the poor. 1575).
+
+[229] T.P. Wadley, _Notes on Bristol Wills_ (1886), 230 (L20 for a
+stock of money to remain for ever "in the howse of correction" for the
+maintenance and "settinge on work of such people as shalbe therevnto
+co[m]mitted for their mysdemeanors." _Thos. Kelke's will_. 1583).
+
+[230] _Wills and Inventories_, Pt. ii, _Surtees Soc_., xxxviii, 83
+(Keyper school of Houghton and its endowment of L240. 1582).
+
+[231] Examples among many are the Edenbridge, Kent, lands. These
+bridgewardens held lands in three parishes. _Arch. Cant_., xxi (1895),
+110 ff. Also Burton's Charity lands at Loughborough. The
+"bridgmasteres" here in 1570 collected L33 18s. 6d., and disbursed L16
+12s. 11d. Fletcher, _Hist. of Loughborough_, 41-2. Also Hayward bridge
+lands, _Notes and Quer. for Somer. and Dorset_, iv (1895), 205-7.
+
+[232] Legge, _North Elmham Acc'ts_, 87-90. So too at Eltham, Kent,
+where the "Fifetene peny Lands" have special wardens who account for
+their revenue. _Archaeologia_, xxxiv, 51 ff.
+
+[233] _Statutes of the Realm_, iv, Pt. ii, 968-9.
+
+[234] Cardwell, _Doc. Ann_., i, 189 ff.
+
+[235] Dr. Pilkington's will, _Surtees Soc_., xxii, Append., p.
+cxxxviii. For a few other examples of bequests for parish utilities
+see _ibid_., p. ciii (George Reyd's will, 1559). _Ibid_., p. cx ff.
+(William Birche's will of 1575 in which are many bequests to poor
+artificers, to prisoners--a very frequent bequest--to "needfull briggs
+or highe waies," etc.). See also _Benefactions to Dorset Parishes,
+Churches_, etc., in _Notes and Quer. for Somer. and Dorset_, x, 164
+ff. Also T.P. Wadley, _Notes on Bristol Wills, passim (e.g_., Thos.
+Kelke's will of 1583, on p. 230. He leaves L13 to Newgate prisoners, a
+frieze gown to 12 women and 12 men--a frequent bequest--6s. 8d. each
+to 52 poor maidens for their marriage, etc.). Also _Wills and
+Inventories, Surtees Soc_., xxxviii, Pt. ii, _passim_. Surrey Wills in
+_Surrey Arch. Coll_., x (1891), _passim_.
+
+[236] _The crie of the poore for the death of the right Honourable
+Earle of Huntington_ (printed 1596), Joseph Lilly, _A Collection of
+Seventy-Nine Black-Letter Ballads and Broadsides_, 1559-1597 (1870),
+230.
+
+[237] _Ibid_., 263.
+
+[238] _The poore people's complaynt, Bewayling the death of their
+famous benefactor, the worthy Earle of Bedford_ (Died 1585). Bedford
+was described as "a person of such great hospitality that Queen
+Elizabeth was wont to say of him that he made all the beggars." Clark,
+_Shirburn Ballads_, 256.
+
+[239] J.C. Cox, _Three Centuries of Derbyshire Annals_, i, 136.
+
+[240] E. Freshfield, _St. Bartholomew, Exchange, Acc'ts, s.a_. 1598,
+_et passim_. Freshfield, _St. Margaret, Lothbury, Vestry Book_, 32
+(1595). _St. Margaret's, Westminster, Overseers' Acc'ts_ in _The
+Westminster Tobacco Box_, Pt. ii (1887), _e.g., s.a_. 1572-3, where we
+find donations from Lord Burghley, the Lord Chief Justice, the Dean of
+Westminster, the Earl of Derby, the Earl of Hertford, etc.
+
+[241] Though by 37 Hen. VIII c. 9, sec. 3 (_Stats. of Realm_, iii,
+996) interest up to 10 per cent. per annum was permitted, all interest
+was prohibited by the 5 & 6 Ed. VI, c. 20, sec. 2 (_Stats. of Realm_,
+iv, Pt. i, 155). Interest is here dubbed usury, "a vice most odyous
+and detestable." Interest up to 10 per cent. was, however, again made
+lawful by the 13 Eliz. c. 8, sec. 4 (_Stats. of Realm_, iv, Pt. i,
+542) which, however, stigmatizes usury as sinful.
+
+[242] Examples are, _Vestry Minutes of St. Margaret, Lothbury_, 32
+(Gift of L20 in 1595 to be employed in wood and coal for the use of
+the poor. A committee of four was appointed to invest and make sales.
+See their account for 1596, p. 34). _The Westminster Tobacco Box_, Pt.
+ii, 22 (One of the overseers of St. Margaret's to keep a gift of L42
+"untill the same may be bestowed upon somme good bargaine as a lease
+or somme other such like commoditie w[hi]ch may yeelde a yerely rente
+to the pore." 1578). Cf. _St. Bartholomew, Exchange, Acc'ts Books_, 3
+ff., where in 1598, and regularly in subsequent years, appears the
+item: "Alowed to this account for the geft of the Lady Wilfordes xx li
+for the pore xx[s]." Also another item, likewise of 20s. yearly, on
+Mr. Nutmaker's L20--in other words, 10 per cent. in each case every
+year. Cf. Jas. Stockdale, _Annals of Cartmel_ (Lancashire, pub. 1872),
+37-8 (L65 6s., money belonging to Cartmel grammar school "placed" in
+the hands of various persons, some of whom give pledges, others
+mortgages, for repayment. The revenue from this is L6 10s. 7d.,
+_i.e._, 10 per cent. in 1598). In 1613, in allowing the overseer's
+accounts of Swyre, Dorset, the local justices indorse: "Upon this
+condition that from henceforth the overseers and Churchwardens do
+yearlie charge themselves with the some of xxs. for thuse of a stocke
+of xli [_i.e._, 10 per cent.] giuen to the poore by the testam[en]t of
+James Rawlinge." The practice above illustrated is simply that
+enjoined by 18 Eliz. c. 3, amended and completed by 39 Eliz. c. 3 and
+43 Eliz. c. 2, with an object of making the poor administration
+self-supporting as far as might be. The fact that Elizabethan poor
+laws were based on the best-approved parish customs made them
+perdurable. For a model administration of parish stock according to
+the poor laws see the Cowden Overseers Acc'ts, _Sussex Arch. Coll_.,
+xx, 95 ff. (1599 ff.).
+
+[243] _E.g._, in St. Michael's in Bedwardine (_Acc'ts_ ed. John
+Amphlett) one Stanton left 50s. to the poor in 1588 (_Acc'ts_, p.
+97-8). Robt. Chadbourne paid 5s. for the use of this money for several
+years (_Acc'ts_, p. 108, etc.). It then was loaned to John Brayne, an
+entry being made from time to time that the principal was owing as
+well as the interest (_Acc'ts_ p. 108). Brayne paid the 50s. to the
+wardens in Sept., 1595. Cf. preceding note (Cartmel school money).
+
+[244] _St. Michael's in Bedwardine Acc'ts, supra, 96_ (One Fletcher
+loaned 30s. in 1586, he depositing with the wardens "a gilt salt with
+a cover"). For numerous gratuitous loans of parish money, see the Mere
+Acc'ts, _Wilts Arch. and Nat. Hist. Mag_., xxxv (1907), _passim_. Cf.
+also the document of 1586 relating to the parish of Heavitree, in
+_Devon Notes and Quer_., i (1901), 61, where it is stipulated (_inter
+alia_) that if any parishioner of good character upon reasonable cause
+shall desire to borrow from any surplus funds of the church for a
+season, "such a one shall not be denyed."
+
+[245] See _Wilts Arch. Mag_., xxxv. Cf. J.E. Foster, _St. Mary the
+Great_ (Cambridge) _Acc'ts_ (1905), 208.
+
+[246] In 1564 the parishioners of Chagford, Devon, bought from the
+lord of the manor for L10 the local markets and fairs, subject to a
+yearly rent of 16s., which they had always paid as tenants. They then
+repaired and enlarged the market house. Presumably their venture was a
+profitable one, for in 1595 the revenue from these markets and fairs
+was L3 10s. G.W. Ormerod in _Devon Assoc. for Adv. of Science_, etc.,
+viii (1876), 72. Same, _Local Information reprinted from the Chagford
+Parish Mag_. (1867) in _Topographical Tracts_ in Brit. Mus. As it was
+sometimes hard for the authorities to prevent the churchwardens from
+utilizing the church for plays, so it was hard for them to keep the
+wardens from giving up the churchyard or outlying portions of the
+church structure for fairs and stall-holders. In Herts Co. Rec.
+Quarter Sess. Rolls (ed. W.J. Hardy, 1905), p. 13, we read, _s. a_.
+1591-2, that a presentment was made that some part of the "fayer of
+Starford has usually been kept within the compase of the churchyard."
+See also _St. Edmund and St. Thomas, Sarum, Acc'ts_ (ed. H.J.F.
+Swayne, _Wilts Rec. Soc_. 1896), introd., p. xxiii (St. Edmund's fair
+held within and without the churchyard. Wardens receipts from
+cheesesellers, butchers, etc., for stalls and standings).
+
+[247] As late as 1633 the bishop of Bath and Wells could write to
+Archbishop Laud: "I finde that by Church-ales hertofore many poore
+Parishes have cast their Bells, repaired their Towers, beautified
+their Churches, and raised stocks for the poore." Wm. Prynne,
+_Canterburies' Doome_, etc. (1646), 151. Cf. Philip Stubbes, _Anatomie
+of Abuses_ (4th ed., 1595), 110-11. _Spudeus:_ "But, I pray you, how
+do they bestow that money which is got thereby?" [_i.e._, by
+church-ales]. _Philopomus:_ "Oh well, I warrant you, if all be true
+which they say; for they repaire their Churches and Chappels with it;
+they buy bookes for service, Cuppes for the celebration of the
+Sacrament, Surplesses for Sir John [_i.e._, the parson], and such
+other necessaries. And they maintaine other extraordinarie charges in
+their Parishes besides."
+
+[248] Bath and Wells to Canterbury, Prynne, _supra, loc. cit_. In 1536
+at Morebath, Devon, the parish agreed that the clerk should gather his
+"hire meat" (_i.e._, so much corn of each one) at Easter, "& then ye
+p[a]rysse schall helpe to drenke him a coste of ale yn ye churche
+howse." J.E. Binney, _Morebath Acc'ts_ (1904), 86. When in 1651 at St.
+Thomas', Salisbury, clerk-ales were abolished, "both the clerk and
+sexton claimed compensation for the loss of income sustained." The
+same was true of St. Edmunds' (in the same city) in 1697. Swayne, _St.
+Edmund and St. Thomas Acc'ts_, introd., p. xvii.
+
+[249] Stubbes, _Anatomie_, etc., 110. The above account of church-ales
+has been derived partly from Stubbes and from a curious little
+pamphlet, edited by Rev. Fredk. Brown in 1883, entitled _On some Star
+Chamber Proceedings_, 34 _Eliz_. 1592; partly, also, from many
+churchwardens acc'ts, in particular the Seal Acc'ts in _Surrey Arch.
+Coll_., ii (1864), 34-6 (See items in detail for the ale of 1592, and
+especially the ale of 1611. Expenses for all manner of provisions and
+delicacies, for minstrels and evidently, too, for a play occur. In
+1611 the festivities lasted at least 5 days). Cf., too, the _Expenses
+of the Maye Feast_ at Dunmow in 1538 (Cooks, minstrels and players
+mentioned), _Essex Arch. Soc_., ii, 230. Also Kitchen, _Manor of
+Manydown_, 172-3 (Lists of delicacies provided at the Wootton ale in
+1600. Expense items for lords' and ladies' liveries, players, etc.)
+
+[250] The Parish of Chagford in _Devon Ass. for Adv. of Science_,
+viii, 74.
+
+[251] _Wilts Arch. Mag_., xxxv (1907), Mere Acc'ts, 30. These have
+been transcribed verbatim by Mr. T.H. Baker.
+
+[252] _Op. cit_. Because of greatly increased expenses the wardens
+here thenceforth resorted to collections according to a book of rates.
+They also devised other means of income, such as parish burial fees,
+collections for the holy loaf (_i.e._, blessed but not consecrated
+bread), etc. This casting about for new sources of revenue was
+characteristic of all parishes as the reign advanced.
+
+[253] _Op. cit_., 26.
+
+[254] _Op. cit_., 92.
+
+[255] In 1605 and 1606, doubtless to meet some extraordinary expenses,
+the Mere wardens roused themselves to great efforts at their
+church-ale, and netted L15 6s., and L20 respectively. Sir Rich. Colt
+Hoare, _Hist. of Modern Wiltshire_ (1822), i, 21.
+
+[256] Kitchen, _Manor of Manydown_, 174. At this ale there were six
+tables and the receipts from each were tabulated separately. For other
+large receipts see the Wing, Bucks, Acc'ts, _Archaeologia_, xxxvi, 219
+ff. In 1598 the ale here yielded L9 16s. 4d. At Morebath, a small and
+poor parish, an ale had produced L10 13s. 5d. in 1529. but the
+receipts from this source fell off here in Elizabeth's time. At
+Stratton, Cornwall, up to 1547, at any rate, if not later, ales were
+the chief source of income. _Archaeologia_, xlvi, 195-6.
+
+[257] _Devon Notes and Quer_., iii (1905), 224. Cf. the Young Men
+Wardens' ales at Morebath (Binney, _Morebath Acc'ts_, 213 [1573], _et
+passim_). Also St. Anthony's Gild ales at Chagford. _Devon Ass. for
+Adv. of Science_, viii, 74 (1599). Various persons at Milton Abbot
+sold ale and bread. _Op. cit_., vol. xi (1879), 218.
+
+[258] _Notes and Quer. for Somer. and Dorset_, v (1897), 48. The same
+year in these acc'ts we find three conduit wardens mentioned. These
+are to have "the assistance of William Ellis plomer [plumber]." Of them
+it is also determined that they "do kepe an alle for the comodetie of
+the [Transcriber's note: WORD ILLEGIBLE] dytts in the sayd Towne to
+be kept abowts the tyme of Shrofftyde," [Transcriber's note: WORD(S)
+ILLEGIBLE] just before Lent.
+
+[259] Butcher, _The Parish of Ashburton_, 41. It would seem that there
+were special wardens here for ale drawing. (See p. 44 [1570-1].)
+
+[260] _Archaeologia_, xxxvi, 235.
+
+[261] "And because John Watts hath ben long sick, hit is agreed that
+if hee be not able to s[e]rve at the tyme of the Church ale, That then
+John Coward ... shall s[e]rve and be king in his place for this
+yeare." Mere Acc'ts (_Wilts Arch. Mag., l.c_., 34) _s.a._ 1561. Cf.
+J.H. Matthews, _History of St. Ives_ (1892), 144, _et passim_.
+
+[262] Bishop Hobhouse, _Churchwdn's Acc'ts of Croscombe, Pilton_,
+etc., _Somerset Rec. Soc_., iv (1890), 80, where he says: "The
+[Yatton] wardens attended these festivals at Ken, Kingston, Wrington,
+Congresbury, etc., with more or less regularity, making their
+contributions, commonly xijd. in the name of the parish and at the
+cost of the parish ..." Cf. _Morebath Acc'ts_ (ed. Binney), 224: "It
+there was payd a trinite Sonday at the Churche ale at Bawnton
+[Bampton] for John Skynner ... xjd." (1565). Mere Acc'ts (_Wilts Arch.
+Mag_.), 60: "Item paied for bread and drink to make the Sum[m]er Lord
+of Gillingham Drink ... ijs. vjd." (1578-9). T. Nash, _Hist. and
+Antiq. of Worcestershire_, ii, appen., p. xxix (Halesowen Acc'ts:
+"Paid when we went to Frankley to the church ale 20d.").
+
+[263] See the precedents given for the Western Circuit in Prynne,
+_Canterburies' Doome_, 152. Cf. also, _ibid_., 128 ff. That these ales
+died hard in Devon and Somerset is seen by the repeated judicial
+orders. See also J.W. Willis Bund, _Social Life in Worcestershire
+illustrated by the Quarter Sess. Rec_. in _Assoc. Archit. Soc_.,
+xxiii, Pt. ii (1897), 373-4 (1617). A.H. Hamilton, _Quarter Sessions
+from Elisabeth to Anne_ (1878), 28-9. Harrison, _Descrip. of Engl_.,
+Bk. ii, New Shak. Soc., 32. Saml. Barfield, _Thatcham, Berks, and its
+Manors_, ii, 105 (Wardens Acc'ts 1598-9: "Item wee were bounde over by
+Mr. Dolman, Justice, to appeare at Reading Assizes, where it cost T..
+L.. and R.. C.. conserning our business wee kept at Whitsuntide xvs.
+apece, somme xxxs.")
+
+[264] Hale, _Crim. Prec_., 149 (Hornchurch wardens bringing players
+into church. 1566). _Ibid_., 156 ("Tromperie" and "paynted stuff for
+playes in the chefe parte of the [Rayleigh] church." 1574). _Ibid_.,
+158 (Two plays in Romford Chapel by "comon players." Wardens plead in
+extenuation that proceeds went to "a poore man in decay." 1577).
+Leverton, Lincolnshire, Acc'ts, _Archaeologia_, xli, 333 ff. (Several
+examples of plays in the church. 1579-95).
+
+[265] In the Chelmsford Acc'ts, _Essex Arch. Soc_., ii, 225-6 (1562),
+is a most interesting inventory showing an elaborate stage outfit.
+That it was used for miracle plays is seen on p. 227 (" Cotte of
+lether for Christe," and "lyne for the clowdes," etc.). From various
+towns the Chelmsford men received in 1563, and subsequently, large
+sums for the hire of these properties, e.g., L3 6s. 8d. from
+"Starford" (Bishop Stortford?); 43s. 4d. from Colchester.
+
+[266] Examples are Thos. North, _St. Martin's, Leicester, Acc'ts_
+(1884), 80 (Children's morris-dance. 1558-9). Ibid., 85 (Robin Hood
+play). St. Helen, Abingdon, Acc'ts, _Archaeologia_, i (2d ed.), 15
+(1560). J.H. Baker, _Notes on St. Martin's_ (Salisbury) _Church and
+Parish_ (1906), Wardens Acc'ts, 153 (Whitsun dance in 1588 yielding
+13s. 4d.). _St. Edmund and St. Thomas, Sarum, Acc'ts_, introd., p.
+xvii. Also both acc'ts, _passim_ ("Feast of Hokkes," "Childrens
+daunse." At St. Edmund's L3 12s. collected in 1581 [p. 131]; at St.
+Thomas' same year L3 6s. 8d. [p. 291]). T.N. & A.S. Garry, _St. Mary,
+Reading, Acc'ts_ (1893), 28-9, et passim (Whitsuntide and Hocktide
+money here drop out as early as 1575. There was also here a Christmas
+gathering).
+
+[267] Examples: Wandsworth Acc'ts in _Surrey Arch. Coll_., xvii
+(1902), 158 (1567-8). John Nichols, _Illustrations of the Manners etc.
+of Antient Times_ (1707) (Great Marlow, Bucks, Acc'ts, 135. 1612),
+etc.
+
+[268] _Wilts Arch_. (etc.) _Mag., loc. cit_. (Mere Acc'ts: brass
+crocks in inventory of 1584). Chagford Acc'ts in _Devon Ass_. (etc.),
+74. Binney, _Morebath Acc'ts_, 132. A.E.W. Marsh, _History of Caine_,
+368 (Church furnace, 1529. Wardens expenditures for sowing church
+lands, mowing them, and carrying the corn and storing it in the
+church-house). _The Antiquary_, xvii, 169 (Stanford, Berks, Acc'ts,
+_s.a._ 1569: laying corn in church-house, and making malt there).
+_Morebath Acc'ts_, 132 (Spits put up in the church-house).
+
+[269] Morebath Acc'ts, 142 (Church stock-taking), Mere Acc'ts _(Wilts
+Arch_. (etc.) _Mag. loc. cit_.), 32, 37, 54, etc. Chelmsford Acc'ts,
+217 ("xv dozen pewter & ix peces," and rent of it owing to church.
+1560).
+
+[270] St. John's, Glastonbury, Acc'ts, _N. and Q. for Som. and Dor_.,
+v, 94, _s.a._ 1588 (Selling ale in church-house). Tintinhull Acc'ts,
+_Somer. Rec. Soc_., iv, p. xxii ("The chief source of income
+[church-house] at T[intinhull] and elsewhere to the end of the 16th
+Century,") Stratton Acc'ts, _Arch_., xlvi, 198. _Bristol and Glouc.
+Arch. Soc. Tr_., vii (1882-3), 108 (Tenement donated 1532 to
+Northleach known as "the Churche Taverne." It was rented out, but on
+the condition that the lessee should "permit the towne to have the use
+of the same one month at Whitsontyde"). Of the Stratton church-house
+we are told that men were fined (in 1541) for drinking ale there,
+because the drinking was not for the profit of the parish. _Arch.,
+loc. cit., supra_.
+
+[271] _Stanford Acc'ts, loc. cit., s. a_. 1595. _Stratton Acc'ts, loc.
+cit_., 198.
+
+[272] Thus at Calne (Wilts) in 1574-5 no church-ale was had, but a
+gathering in lieu of it was made from the parishioners. Ales and
+collections thenceforward alternated here, until church rates were
+established. Marsh, _History of Calne_, 372.
+
+[273] See, _e.g_., Thos. North, _St. Martin's Leicester, Acc'ts_, 98,
+where the times of collection are named.
+
+[274] See, among others, Ludlow Acc'ts, _Shrop. Archit_. (etc.)
+_Soc_., iii, 127 (1567), where the name occurs. Also St. Edmund's,
+Sarum, Acc'ts, _Wilts Rec. Soc_. for 1896, p. 141 (1592).
+
+[275] _E.g._, at St. Edmund's, Sarum, or at St. Martin's, Leicester.
+
+[276] See, _e.g_., J.E. Foster, _St. Mary the Great_ (Cambridge)
+_Acc'ts_, 148 ff. Offerings of the masters of arts and of the
+bachelors form a distinct feature here.
+
+[277] See pp. 41 ff. and 59 _supra_. In the _Morebath Acc'ts_ (ed.
+J.E. Binney, p. 178) we read, _s.a._ 1553-4, as a heading to the
+receipt items: "Now to pay y'e forsayd dettis & demawndis y'e schall
+hyre of all our resettis y't we have resseuyed, & how gentylly for y'e
+moste p[ar]te men have payd of there owne devoc[i]on w[i]t[h] out ony
+taxyn or ratyng as y'e schall hyre here after." Then follows a list of
+30 names. There is evidently some sort of rough assessment here,
+_e.g_., Nicholas at Hayne pays 4s. 9d., "consyderyng hys bothe
+bargayns" _(i.e_., small farms). Cf. _St. Edmund and St. Thomas,
+Sarum, Acc'ts_, p. xviii and p. 317.
+
+[278] Five years later, the vicar dead, the clerk was ordered to
+assist the wardens in receiving the 'paskall pence' whether paid at
+Easter or at any other time of communion. Hill and Frere, _Memorials
+of Stepney Parish_, 4-5 and 13-14.
+
+[279] Ordered by St. Edmund's, Sarum, vestry in 1628: "that the bread
+and wyne for the Communion shalbe paid for by the auncyennt paymentt
+of the halfepence, and yf it shall com[e] to more ... Jt shalbe
+supplied out of the rest of the mony given after the Co[m]munion."
+_St. Edmund and St. Thomas Acc'ts (Wilts Rec. Soc.)_, 187.
+
+[280] These levies were 2-1/2d. on each householder at St. Margaret,
+Lothbury, London; 3d. a house at St. Lawrence Pountney, London
+(_History of St. Laurence Pountney_, by H.B. Wilson [1831], 125 ff.).
+Etc. At Salehurst, Sussex, the fee was 1d. a poll yearly, heads of
+households being empowered in 1585 to abate that sum from their
+servants' wages: _Sussex Arch. Coll_., xxv, 154. At Pittington,
+Durham, landlords were to answer for their cottagers for a yearly fee
+of 2d.: _Surtees Soc_., lxxxiv, 29 (1590). Cf. _ibid_.,
+Houghton-Le-Spring Acc'ts, 269. Leverton, Lincoln, Acc'ts,
+_Archaeologia_, xli, 368 (A penny a poll for the elements. 1612). In
+the Abbey Parish Church Estate Acc'ts, Shrewsbury, every "gentleman"
+is to pay 6d. yearly to the wardens for bread and wine; "the second
+sorte" of the parishioners 4d. each; "the third or weaker sorte," each
+2d.: _Shrop. Arch. Soc_., i, 65 (1603).
+
+[281] See Great Yarmouth Acc'ts, _East Anglian_, iv (1892), 67 ff. (An
+item for purchase of 1000 tokens. 1613-14). Also _St. Margaret,
+Lothbury, Vestry Minute Books_, 14 (1584). Also _Archaeologia Eeliana_,
+xix (1898), 44 (Ryton, Durham, Book of Easter offerings. 1595).
+
+[282] _St. Edmund and St. Thomas, Sarum, Acc'ts_, 288 (Muscatel and
+claret). _Abbey Parish Church Estate Acc'ts_, 62 (same). _St.
+Martin's, Leicester, Acc'ts_ (ed. Thos. North), 100 (Malmsey and
+claret).
+
+[283] Rubric Sec. 144 of the First Edwardine Prayer Book directs that as
+ministers are to find the elements, the congregations are to
+contribute every Sunday at the time of the offertory the just value of
+the holy loaf. See E. Freshfield, _St. Christopher-le-Stocks Vestry
+Minute Book_, p. vii, _et passim_. Stanford, Berks, Acc'ts,
+_Antiquary_, xvii, _s.a._ 1582 (2d. collected every Sunday for holy
+loaf). Mere Acc'ts (_Wilts Arch_. (etc.) _Mag_., xxxv, 38), _s.a._
+1568, _et passim_.
+
+[284] J.V. Kitto, _St. Martin's-in-the-Fields_ (London) _Acc'ts_,
+append. D., Vestry Order of 1590. Parish order of Salehurst (1582),
+_Sussex Arch. Coll_., xxv, 153. St. Margaret's, Westminster, Overseers
+Acc'ts in _Westminster Tobacco Box_, Pt. ii, 18 (1566).
+
+[285] _E.g._, at St. Laurence Pountney, London, the "clerk's wages"
+amounted in 1598 to nearly L30 in the wardens receipt items, but in
+the expense items to L8 plus various dues for lighting, bell-ringing
+and church-linen washing, in all L12 12s. Wilson, _History of St.
+Laurence_, 125. In the _St. Christopher-le-Stocks Acc'ts_ (ed. E.
+Freshfield), p. 4, the receipts in 1576 for "Clarkes wagis" are L9 6s.
+5d., but we read: "Pd. to J.M. Clarke his whole yeares wagis [etc.]
+... iij li." In _St. Margaret, Lothbury, Vestry Minutes_ (p. 13) it
+was decided in 1581 to raise the "clarkes rolle" to L8 a year, but
+expressly stated that the clerk is to be paid as before, "but That
+[the] overplus Shall remayn For astocke to the churche to beare owtt
+such charges as shalbe nessesarye for the same." In _St. Bartholomew,
+Exchange, Vestry Minutes_ (ed. E. Freshfield) in 1583 it is agreed (p.
+27) that the clerk is to pay out of his wages the statutory assessment
+of 2d. weekly on the parish for maimed soldiers and mariners. Same
+stipulation at St. Alphage's, London Wall: G.B. Hall, _Records of St.
+Alphage_ (1882), 25 (1594).
+
+[286] _St. Mary, Reading, Acc'ts_ (ed. F.N. & A.G. Garry), p. 56.
+
+[287] Hill and Frere, _Memorials of Stepney_, 1-3 (1580). Later, 1606
+(p. 50), the same method was employed to pay debts for casting the
+bells. Those not paying their assessments were to be deprived of their
+seats (p. 4). Other examples of raising money by pew rents are
+Butcher, _Parish of Ashburton_, 49 (L6 4s. collected "for the seat
+rent". 1579-80). _St. Christopher-le-Stocks Vestry Minutes_, 71
+(Clerk's wages to be "sessed by the pyews").
+
+[288] Baker, _Mere Acc'ts (Wilts Arch_, [etc.] _Mag_.), 33 (12d. for
+seats for a man and his wife, "which before were his ffather's."
+1561). In a sale to a parishioner in 1556-7 it is expressly stated
+that she is to hold the seat during "here lyfe Accordynge to the old
+usage of the parishe": _ibid_., 24. At St. Edmund's, Sarum, the sale
+was sometimes for life, sometimes for a lesser period. A fine was paid
+for changing a pew, _Introd_., p. xxi. Cf. order made at Chelmsford in
+1592, _Essex Arch. Soc_., ii, 219-20. See in St. John's, Glastonbury,
+Acc'ts, _Notes and Quer. for Somer. and Dor_., iv, 384, _s.a._ 1574,
+and _op. cit_., v, _s.a._ 1588, many receipts from the sale of seats.
+Cf. Pittington Vestry order, 1584, _Surtees Soc_., lxxxiv, 13. _St.
+Michael's in Bedwardine Acc'ts_, Introd., p. xvi. Fletcher, _History
+of Loughborough_, Acc'ts, 24 ff.
+
+[289] See, _e.g_., in _St. Martin-in-the-Fields Acc'ts_, 214, the long
+list of receipts "for burialls, knylles and Suche Lyke," _s.aa_.
+1563-5. At St. Edmund, Sarum, burials with christenings and banns
+netted L8 5s. 2d. in 1592-3 (_Acc'ts_, 141). At Kingston-upon-Thames
+in 1579 burials totalled 39s. 8d.: _Surrey Arch. Coll_., viii, 75. In
+_St. Michael's, Cornhill_, London, _Acc'ts_ (ed. W.H. Overall & A.J.
+Waterlow), 178-9, the receipts from knells and peals alone were 44s.
+8d. in 1589-90.
+
+[290] J.V. Kitto, _St. Martin-in-the-Fields Acc'ts_ (1901), 106,
+_note_.
+
+[291] One of the most systematic tariffs I know of is that of St.
+Alphage, London Wall (G.B. Hall, _Records of St. A_., 28-30) drawn up
+in 1613. First there are _The Parson's dutyes for Parishioners_, for
+bann-askings, weddings, churchings, etc., as well as a percentage on
+offerings. Then the burial fees due him, without or with a coffin, in
+churchyard or in church, etc. Then comes the heading, _The dutyes
+belonging to the Parrish for Parrishioners_, a catalogue of fees for
+burial under various conditions. Then follow _The Parrishe's dutyes
+for the Bells_ (knells, peals, with small or large bells). Finally,
+_The Clarke his dutyes for Parishioners_ (Bann-askings, weddings,
+churchings, grave digging, tolling the bells for funerals in various
+ways, and on specified occasions, etc.). All the above fees are
+doubled in case of non-parishioners. See also the Salehurst tariff of
+1597, most comprehensive and minute also: _Sussex Arch. Coll_., xxv,
+154-5. Also parish order in _St. Martin's, Leicester, Acc'ts_ (ed.
+Thos. North), 19 and 128, _s. aa_. 1570-1 and 1584-5, as to duties for
+bells. These are regulated according to the rank of the person. _St.
+Margaret, Lothbury, Vestry Min., 2_ (Order regulating fees for
+"weddinges, cristeings, churchinges and berrialls" of 1571). See also
+the tariff of St. Edmund, Sarum (_Acc'ts_, 194), of 1608.
+
+For receipt items for palls in the acc'ts, see _St.
+Martin's-in-the-Fields Acc'ts_, 317 (1580), where "best cloth" nets
+20d. on each occasion, the "worst" but 2d. See also Stepney vestry
+regulation of 1602 concerning fees to be paid for palls: _Memorials of
+Stepney_, 41-2.
+
+For expenses for making parish coffins see _St. Martin's-in-the-Fields
+Acc'ts, s. a_. 1546. Cf. _St. Edmund and St. Thomas, Sarum, Acc'ts_,
+introd., p. xx. _St. Helen, Bishopsgate, Acc'ts_ (ed. J.E. Cox), 103
+(Ordinance of 1564 that those buried within the church are to be
+confined). Also the other acc'ts _supra_. At St. Edmund, Sarum, the
+wardens sold tombstones for the benefit of the parish (_Acc'ts_, 135.
+1587-8).
+
+[292] _Memorials of Stepney_, 39-40.
+
+[293] See W.G.D. Fletcher, _Hist. of Loughborough (Acc'ts)_, 24: an
+order regulating fees for marriage peals in 1588. In _St. Edmund,
+Sarum, Acc'ts_, 127, are receipt items, being money turned over to the
+wardens by the sexton, for banns, christenings, etc. Cf. _Introd_. to
+_St. Edmund and St. Thomas, Sarum, Acc'ts_, p. xix. Cf. also _St.
+Laurence Pountney Acc'ts_ (Wilson, _Hist. of St. L_.), 124 (A marriage
+offering going to the parish. 1582). Usually marriage and churching
+dues went to minister and clerk (see tariffs, p. 221 _supra_).
+Chrisoms, _i.e._, white robes put on children when baptized, and given
+as an offering at churching, occasionally figure in the wardens'
+receipt items. See, _e.g_., J.E. Foster, _St. Mary the Great_
+(Cambridge) _Acc'ts_, 156 (1565-7), _et passim. St. Thomas, Sarum,
+Acc'ts_, 282 (Chrisoms farmed out by the parish in 1562-3. In 1567-8
+the value of the chrisom offerings is 40s.). See _Introd_. to _St.
+Edmund and St. Thomas, Sarum, Acc'ts_, p. xix.
+
+[294] See p. 27 _supra_. Also p. 35 _supra_.
+
+[295] _Provision for the poore now in penurie Out of the Store-House
+of Gods plentie, Explained by_ H. A[rth], London, 1597 (No
+pagination). "Wednesday suppers" refers to fasting nights appointed by
+proclamation or by statute. A not uncommon entry in the act-books is
+"no levy of the fyne of 12d." See, _e.g., Manchester Deanery Visit_.,
+57, _et passim. Barnes' Eccles. Proc_., 119, _et passim_. Hale, _Crim.
+Prec., passim_. Cf. in _Bishop Stortford Acc'ts_ (J.L. Glasscock,
+_Rec. of St. Michael, B. S_.), 64, the rubric: "Rec. of defaultes for
+absence" (9 names follow, each for 12d., except one for 3s.). _Dean of
+York's Visit_., 215 (Hayton wardens report to commissary that they
+have a small sum from absentees yet undistributed to the poor: "But it
+shalbe shortlie". 1570).
+
+[296] See examples in note 32, pp. 19 _supra_.
+
+[297] _Warrington Deanery Visit_., 189 (Penance of three days standing
+in white sheet for fornication commuted--the offender "_humiliter
+petens_"--to 13s. 4d. to be paid to vicar and wardens of Ormschurch to
+be distributed to poor, etc.). Hale, _Crim. Prec_., 232-3 (Commutation
+of a penance for having a bastard into L5 to be paid for the repair of
+St. Paul's, London, and also into 34s. 4d. to be paid to wardens of
+Horndon-on-the-Hill for the poor. 1606). See also _Chelmsford Acc'ts_,
+212 (20s. received in 1560 "toward the pavynge of oure churche for
+part of his penance"). _Abbey Parish Church Estate Acc'ts, s. a_. 1578
+(20s. received for a "purgation" to go to parish poor and to church).
+
+[298] For some interesting receipt items see _The Westminster Tobacco
+Box_, Pt. ii, _Overseers Acc'ts_, 18 ff. (Fines in 1569 from a player
+beating a drum in service time; for selling coals on Candlemas day;
+for selling wood on Sunday; for driving a cart on that day, etc. In
+1570 fines are received for retailing during service time, from
+proceeds of forfeitures of pots and dishes, etc., etc.). Wandsworth
+Acc'ts, _Surrey Arch. Coll_., xviii, 146 (Receipts for 1599 from fines
+for bricklaying on Sunday; for being in ale-house at service time--a
+number).
+
+[299] See John Hawarde, _Les Reportes del Cases in Camera Stellata_.
+1593-1609 ed. W.P. Baildon (1894), _passim. E.g_., p. 91 (Offender
+fined L10 to use of poor for not laying sufficient ground to his
+cottages). _Ibid_. (Ed. Framingham, of Norfolk, fined L40 to use of
+poor for same offence. Oct. 14th, 1597). _Ibid_., 71 (Council commend
+a justice of the peace for condemning a Wilts engrosser to sell his
+corn to the poor 8d. under the price he paid for it).
+
+[300] Some examples taken from many are North, _St. Martin, Leicester,
+Acc'ts_, 119 (Agreement in 1571 by mayor and brethren to fine one
+refusing to be warden for the first year 10s. to the use of the
+church). _Ibid_., 142 (This fine raised in 1600 to 20s.). _St. Edmund
+and St. Thomas, Sarum, Acc'ts, Introd_., p. xi, and _St. Edmund's
+Acc'ts_, 121, 129. _Mere Acc'ts, 26_ (Parish order of 1556-7). _St.
+Margaret, Lothbury, Minutes_, 33 (An offer from a parishioner in 1595
+of L10 for church repair, "condicynellie that the parish wowld
+dispence with him for the church warden, Officers and cunstable...").
+_Ibid_., 36 and 45 (Two parishioners each pay L10, being exempted
+thereafter "from all services as Constableshipp, Churchwarden, syde
+men and any other offices whatsoever that the parish myght ...
+hereafter Impose uppon them...". 1607). _Memorials of Stepney_, 44
+(Fine for not attending vestry. 1602). _Clifton Antiq. Club_, i
+(1888), 198 (40d. fine for absence from St. Stephen's, Bristol,
+vestry, 1524. For other fines, see _ibid_.). _Clifton Antiq. Club_, i,
+195 (Same fine for absence from St. Thomas', Bristol, vestry. 1579).
+_St. Margaret, Lothbury, Minutes, passim_ (Fines for not accounting on
+a certain day, and for not auditing accounts).
+
+[301] Examples are found in W.F. Cobb, _St.
+Ethelburga-within-Bishopsgate_, London, _Acc'ts_, 5 (10s. received of
+a schoolmaster allowed to keep school in the belfry. 1589). _Ibid_.,
+same p. ("Receaved of the owte cryar for a quarters rente for settynge
+of goodes at the churche doore ... iiis. iiijd..." 1585). The canons
+of 1571 forbid this practice: "_Non patientur [sc_. the wardens] _ut
+quisquam ex ... istis ... sordidis mercatoribus ... quos ...
+pedularios_ [peddlars] _appellant, proponant merces suas vel in
+coemeteriis vel in porticibus ecclesiarum_ [etc.]...", Cardwell,
+_Syn_., i, 124. St. Michael's, Lewes, Acc'ts, _Sussex Arch. Coll_.,
+xlv (1902), 40, 60 ("Recd for sarttayn standyngs agaynst the cherche
+at Whytson fayar xvd." 1588). Similar items to the last are found in
+many accounts. See also _St. Mary the Great_, Cambridge, _Acc'ts_, 215
+(Receipt items "for the chirch style before his house"; for the rent
+of the "p[ar]ishe ground wherevpon his chymney standythe". 1588).
+_Ibid_., 203 ("Yt ys also agreyd that goodman Tomson shall from hence
+forthe paye vnto the p[ar]yshe for hys byldynge into the Churche yarde
+12d. by the yeare." 1584).
+
+[302] Thus in 1561 Kingston-upon-Thames church sold brushwood growing
+upon its land for L14 7s. 8d.: _Surrey Arch. Coll_., viii, 77. In 1573
+the wardens of St. Michael's in Bedwardine _(Acc'ts_ ed. John
+Amphlett, p. 74) brought a suit for the value of eight trees sold to
+one Lode, alleging that the defendant had promised to pay the price
+"for the reparacions of the ... church and reliff of the pore..."
+
+[303] For the form and wording of such a licence see Parish Registers
+and Documents of Kingston-upon-Thames, etc.: _Surrey Arch. Coll_., ii
+(1864), 92 (1591). The fee according to royal proclamation was 6s.
+8d.: _St. Margaret, Lothbury, Vestry Minutes_, 9. For receipts from
+this source see _St. Ethelburga-within-Bishopsgate Acc'ts_, 5, _et
+passim_, as well as the other London acc'ts already cited. Cf.
+Cardwell, _Doc. Ann_., i, 370-2, for Council's letter to the
+archbishop of Canterbury on the observance of Ember Days and Lent.
+
+[304] _E.g._, see in _St. Mary the Great_, Cambridge, _Acc'ts_, 227-9
+and 240-2, long lists of persons from all parts of England who
+contributed in the years 1592-4 towards the rebuilding of St. Mary's
+steeple. A host of proctors licenced under the broad seal, or by the
+justices of the peace, or otherwise, went from parish to parish
+soliciting contributions for churches, alms-houses, hospitals, etc.
+They seem to have entered parish churches at service time and
+disturbed or annoyed the congregations. This probably led to the
+parish order of Mere, Wilts _(Mere Acc'ts_, p. 80, in _Wilts Arch_.
+[etc.] _Mag_.), which in 1585 forbade such persons going about the
+parish or entering the church, but enjoined them all to repair to the
+Mere churchwardens for contributions to be given at the expense of the
+parish.
+
+[305] At Winsham, Somerset, a document was drawn up in 1581,
+apportioning among certain parishioners (by virtue of their holdings),
+the vicar, and finally the whole parish, how many feet of wattled
+fence each should keep in repair, or what stiles each was to maintain:
+_Notes and Quer. for Somer. and Dor_., v, 538. See a similar agreement
+in _Morebath_ (Devon) _Acc'ts_, 38. Also in Marsh, _Hist. of Calne_,
+372, the list at Calne. Here are 25 groups of houses and certain
+individuals charged with making and keeping the churchyard bounds. See
+also _Canterbury Visit_., xxv, 34 (Suit brought before the archdeacon
+against the tenant of a holding whose former owners had for 40 years
+repaired a portion of the church fence, 1611). For presentments to the
+courts Christian for non-repair of church fence by individuals, see
+_Dean of York's Visit_., 214, 228, 325 (1570-1599).
+
+[306] _Canterbury Visit_., xxv, 26 (A parishioner of Herne presented
+for withholding 9s., "which hath always been accustomed to be paid out
+of a certain house and lands." 1592).
+
+[307] Early History of Kingston-upon-Thames, _Surrey Arch. Coll_.,
+viii, 74.
+
+[308] _St. Mary the Great Acc'ts_, 148.
+
+[309] _Hist. and Antiq. of Leicestershire_, by John Nichols (1815), i,
+Pt. ii, 569 ff.
+
+[310] See in T. Nash, _Hist. and Antiq. of Worcestershire_, i, pp.
+lii-lvi, a long list of Pentecost, etc., farthings paid by each parish
+of the diocese in lump sums varying from 3d. to 3s.
+
+[311] _Morebath Acc'ts_ (ed. Binney), 34, _s. a_. 1531, seem to offer
+a genuine example of such a payment of Peter's pence. But the
+Minchinhampton wardens (Acc'ts in _Archaeologia_, xxxv, 422 ff.),
+confuse their payments to the mother church, made in 1575 ff., with
+Peter's pence. See, _e.g., s. a_. 1575, the entry: "to the sumner [or
+apparitor] for peterpence or smoke farthynges sometyme due to the
+Anthecriste of roome ... xd."
+
+[312] See, _e.g_., Sam'l. Barfield, _Thatcham, Berks, and its Manors_,
+ii, 122 (Midgham and Greenham called upon against their will for
+contributions to mother church). _Surtees Soc_., lxxxiv, 123 (Dispute
+ending in a suit between St. Oswald and St. Margaret. 1595 ff.).
+_Memorials of Stepney, 1-2_ (Parishioners of Stratford Bow forced to
+contribute to St. Dunstan's, the mother church).
+
+[313] _E.g._, the vestry of St. Christopher-le-Stocks, London
+_(Minutes_, ed E. Freshfield), agree to cess "the parishioners" for
+money to prosecute a suit for certain parish lands in 1585-6. When the
+lands were recovered each was to have his money back _(Minutes_, p.
+12). But those assessed numbered only 38 (p. 13), whereas we see by a
+list (p. 12) that 43 persons were here assessed for the Queen's
+subsidy; and subsidy men were the wealthier men of the parishes. Cf.
+assessment at Lapworth for Barford bridge levied on 26 tenements,
+cottagers not being assessed. Hudson, _Memorials of a Warwickshire
+Parish_, 115.
+
+[314] Hale, _Crim. Prec_., 198 (One Spencer presented for not paying
+his proportion for the ringing on the Queen's anniversary, "being
+rated at iiijd.") Hudson, _op. cit. supra_ (Barford bridge assessment
+of 4s. 4d. spread out over 26 tenements).
+
+[315] _Canterbury Visit_, xxvii, 214 (John Basset "cessed" at 2d. a
+quarter, but thought well able to pay 3d. for the clerk's wages.
+Robert Sawyer, _ditto_. 1577). _St. Margaret, Lothbury, Minutes_, 16
+(ed. E. Freshfield), where in 1584 thirty-four parishioners make a
+"free offer" of sums from 2d. to 6s. 8d. to pay a lecturer. _Ibid_.,
+10 (18 parishioners give from 1d. to L2 towards the erecting of a
+clock. 1577).
+
+[316] Rates for bread and wine were commonly so levied. See
+_supra_, p. 78 and _note_ 80.
+
+[317] See p. 80 _supra_ and _note_ 87.
+
+[318] Houghton-le-Spring Acc'ts, _Surtees Soc_., lxxxiv, 271 (1596).
+Binney, _Morebath Acc'ts_, 34 (1531). _Ibid_., 85 (1536).
+
+[319] _E.g._, See Hale, _Churchwardens' Prec., passim, e.g_., where
+the parishioners of Elstree ("Idlestrye"), Herts, cannot agree in
+1585/6, some contending for assessment "by their welthe and goods
+only, and some others do require that the taxation might be made by
+the acres of grounde only." _Canterbury Visit_., xxvii, 218 (2d. an
+acre). _Ibid_., xxv, 42 (4d. an acre). _Ibid_., xxvi, 33 (Ploughland
+of 140 acres paying 6s. 8d. for clerk's wages). _Ibid_., xxv, 33 (Two
+"cesses" at Minster church, one at 20d. the score [of pounds?], the
+other at 12d.). _The Reliquary_, xxv, 18 (Levy made in Morton,
+Derbysh., of 8d. the oxgang of 15 acres).
+
+[320] Order of Wiltshire justices, Michaelmas, 1600, that three of
+their number shall call certain constables and others before them,
+"and examine them what overplus of money is remaining in their hands
+w[hi]ch they have collected of their hundredes for anie service
+whatsoever, and if there be anie founde remayning the said Justice to
+distribute the same amongst the inhabitants of the same hundredes
+according to their discretion." _Rec. of Wilts Quarter Sess_. in
+_Wilts Arch_, (etc.) _Mag_., xxi, 85.
+
+[321] According to the 22 Hen. VIII c. 5, where it cannot be known who
+ought of right to repair a bridge, the justices of the district shall
+call before them the constables of the parishes of the surrounding
+hundreds, or of the whole shire, and "with the assent of the ...
+constables or [chief] inhabitants," tax every inhabitant of the towns
+and parishes of the shire (if necessary). This looks like a county
+bridge tax, but in practice the justices either threw a lump sum on a
+hundred, or on a parish, and left each parish to raise this sum
+according to local rating. Such, at least, would seem to be the usual
+practice according to the churchwardens accounts, which contain many
+lump payments made to constables for bridges.
+
+[322] See Wilts justices order, 20 Eliz., _Wilts Arch_. (etc.) _Mag_.,
+xxi, 80-1. Cf. _ibid_., 16, the appeal of Hilprington and Whaddon that
+they have been compelled by the inhabitants of Melkesham to pay a
+third part with the last named parish of these lump assessments,
+though the acreage of Melkesham is much greater than either of theirs,
+"and far better ground."
+
+[323] See p. 81, _note_ 91 _supra_.
+
+[324] John Lister, _West Riding Session Rolls_, 85. As early as 14
+Eliz. c. 5, sec. 17, city or parish officers might remove alien poor
+to their places of birth, if such aliens had resided in their adopted
+parishes not longer than three years.
+
+[325] J.W. Willis Bund, _Cal. Worcester Quar. Sess. Rec_.,i, p.
+clxxxii. The appearance of a bastard was a portentous event. See the
+many ridings to and fro across country to ecclesiastical and civil
+magistrates in the _Ashburton Acc'ts_ (Butcher, _The Parish of
+Ashburton_), p. 47 (1576-7). The Devonshire justices order, Easter
+1598, that every woman who shall have a bastard child shall be
+whipped: Hamilton, _Quarter Session from Eliz. to Anne, 32_. Cf. the
+item: "paide for carriage of an Irish woman into Fynsburie feildes who
+was delivered of a childe under the stockes." Brooke and Hallen, _St.
+Mary Woolnoth and St. Mary Woolchurch Haw_ (London) _Acc'ts, s. a_.
+1587.
+
+[326] Wilts Quart. Sess. in _Wilts Arch_, (etc.) _Mag_., xxii, 17.
+
+[327] Willis Bund, _loc. cit. supra_, p. 8. From 1599 to 1642 there
+were twenty-four indictments for not laying four acres to a cottage at
+the Worcester sessions. _Ibid_., Table of indictments for all
+offences, p. lvii ff. Cf. Wilts Quarter Sess. Rec. in _Hist. MSS. Com.
+Rep. on Var. Coll_., i (1901), 66. W.J. Hardy, _Herts Co. Rec. Sess.
+Rolls_ (1905), i, 5, _et passim. Norfolk Archaeology_, x (1888), 159.
+_Les Reportes del Cases in Camera Stellata_ (ed. W.P. Baildon),
+_passim_.
+
+[328] Bund, _loc. cit_., p. clxxxiii.
+
+[329] Geo. A. Wade, _An English Town that is still ruled by an
+Oligarchy_ (Dalton-in-Furness), _Engl. Illust. Mag_., xxv (1901).
+
+
+
+
+
+End of the Project Gutenberg EBook of The Elizabethan Parish in its
+Ecclesiastical and Financial Aspects, by Sedley Lynch Ware
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