[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 pa.s.sim_.
Other examples in Hale, _Crim. Prec_., 162, where a parishioner of Burstead Parva (Ess.e.x) 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 inst.i.tuted 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 pa.s.sim_. _Barnes" Eccles. Proc_., 118, _et pa.s.sim_. _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. x.x.x (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 superst.i.tiose 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 s.p.a.ce 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 _pa.s.sim_.
[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 a.s.sessment," the churchwardens alone may make the rate, because they and not the parishioners are to be cited and punished in defect of repairs." To these words should be added the qualification that the parishioners _were_ sometimes collectively punished, viz., by interdiction of their church. Thus in St. Alban"s archdeaconry the parishioners of Redbourn were directed through the wardens to make a rate to levy 60 "_sub pena interdictionis eccl[es]ie sue a divinoru[m] celebratione et sacramentaru[m] et sacramentaliu[m]_...[etc]."
Hale, _op. cit_., 89 (1599). In Jan., 1599/1600; we find Sh.o.r.eham 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, Ess.e.x, wardens.
157-6/7). _Ibid_.,199 (East Horndon, Ess.e.x, 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 pa.s.sim. 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 Const.i.tutional History and Const.i.tution of the Church of England_ (Engl. trans. 1895), 334-7. Also Rev. W.G. Clark-Maxwell in _Wilts Arch_., (etc.) _Mag_., x.x.xiii (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, Ess.e.x] 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 inc.u.mbent 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] _dic.u.n.t_, 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. Peac.o.c.k of Leighton, Ess.e.x, 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 wh.o.r.edome & 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_., lx.x.xiv (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. c.o.x, _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 doc.u.ment _circa_ 1602).
[111] For such a permit to hear preaching elsewhere, see Hale, _Crim.
Prec_., 189 (Six parishioners of Shopland (Ess.e.x) 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).