Part 7 (1/2)

[155] _Op. cit., pa.s.sim_. 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[s.h.i.+p], and yf he should accepte of him, he would request his wor[s.h.i.+p] 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_., lx.x.xiv, 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 t.i.tle of _s.h.i.+rburn 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 Wors.h.i.+pful Company of Stationers_ in _London and Middles.e.x 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 a.s.signed 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 G.o.dfather, etc. Burn, _Eccles. Law_, i, 252-3. Compare _Antiquary_, x.x.xii (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). _a.s.sociated Architectural Soc. Rep_., (etc.), x.x.xiii, 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, _Ess.e.x 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 _Pet.i.tion 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_ x.x.xiiis.... _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, ent.i.tled _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, b.u.m-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 c.u.mberland_, ii, 73-4. _Suss.e.x 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 a.s.sociate themselves to justices of _oyer and terminer_ or of a.s.size. 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_.