Part 4 (1/2)

In the Ven. Archdeacon Prescott's recently edited transcript of the ”Register of Wetherhall” may be read the full terms of a somewhat peculiar c.u.mberland case of excommunication and penance. Robert Highmore, Lord of Bewaldeth, had taken a mare, the property of John Overhouse of that place, as a heriot, before the church of Torpenhow had got the mortuary, and he was promptly punished in the orthodox way. Having quickly asked absolution, and restored the mare to Sir Robert Ellargill (for the parsons were always styled ”Sir” in those days), vicar of Torpenhow, and by way of penance given the six best oaks in his wood, the Bishop absolved him. In some parts of the country the second best horse was due to the Church, and, says an old historian, ”was carried, by the name of mortuary, or corse present, before the corpse, and delivered to the priest at the place of sepulture.” But in the diocese of Carlisle the Church was first served, and the lord only got the second best. Bishop Barrow, who ascended the episcopal throne at Carlisle in 1423, anathematized all men who took the heriot before ”the Holy Kirke” got the mortuary. The punishment of excommunicating was far from being reserved for the lower orders. Quite a long story might be made of the part taken in this way, in the thirteenth century, by the Bishop of Carlisle, who excommunicated the Bishop of Dunkeld for refusing to pay the Pope's tenth for the Holy Land.

When it became a matter of cursing wrong-doers, there was generally no tendency towards mincing words. Christian, Bishop of Glasgow, who became a professor of the Cistercian order, gave to the Abbey of Holme Cultram the grange of Kirkwinny. In this grant, quoted in Dugdale's ”Monasticon,” the Bishop charged all men to protect and defend the grange, as they valued the blessing of G.o.d and of himself; threatening, if they did otherwise, that they should incur the papal excommunication, the curses of Almighty G.o.d and of himself, and the pains of eternal fire.

In 1361 several persons being accused of shedding blood in the church and churchyard of Bridekirk, were decreed to be excommunicated by the greater excommunication, and the inc.u.mbents of all the churches of the deanery of Allerdale were ordered to publish the sentence against them on every Sunday and holiday at high ma.s.s, when the largest number of people should be gathered together, the bells ringing, the candles lighted and put out, and the cross erected. The mother church of Greystoke being much out of repair, the belfry fallen, and the wooden s.h.i.+ngles on the roof mostly scattered, and the inhabitants of Threlkeld and Watermillock refusing to contribute their proportion of the charge, the Bishop, at his visitation in 1382, issued his injunction ”to all and every of them,” under pain of the greater excommunication--a proceeding which in those superst.i.tious times no doubt quickly had the desired effect. Indeed no great provocation would seem to have been needed to bring the punishment of excommunication.

Complaint having been made of some unknown persons riotously breaking into the houses and grange at Wet Sleddale, and committing disorders, a former Bishop issued his mandate to the Dean of Westmorland, and the local clergy, to denounce the greater excommunication at the time of high ma.s.s, the bells to ring, and the candles to be put out, against the rioters.

One of the vicars of Appleby St. Lawrence, Thomas de Burnley, was cited to York for neglecting to serve the chantry in Appleby Castle--doubtless the action was taken at the instigation of the Hereditary High Sheriff. On Burnley not appearing before the Judge of the Prerogative Court of the abbot and convent, he was excommunicated. The sentence was ordered to be read in the parish churches of St. Lawrence and St. Michael, Appleby, and in other churches and public places in the dioceses of Carlisle and York, every Sunday and holiday, so long as the abbot and convent required, or until he should comply and make satisfaction to the judge and parties.

Burnley was not the only holder of his office who objected to the castle service, as Sir Walter Colwyn, who was appointed vicar of the parish forty years previously, was also sentenced (doubtless to be excommunicated) for ”having endeavoured to throw the charges of serving the chantry in the castle upon the prior and convent of Wetheral.”

About the middle of the fourteenth century, Bishop Welton sent out his mandate to the rector of Brougham and another cleric to denounce the sentence of greater excommunication against certain unknown persons who had broken up a paved way and done some other outrages in the churchyard of Penrith, reserving to himself the sole power of absolution. Thereupon several of the inhabitants made a pilgrimage across country to Rose, confessed themselves guilty, and prayed for a remission of the heavy sentence. That was granted on condition of each man offering, by way of penance, a wax candle of three pounds weight, before the image of St.

Mary in the parish church of Penrith on the following Sunday. In the same year the vicar of Penrith had a licence granted to him, to continue from March 8th to the Easter following, to hear the confessions of all his paris.h.i.+oners, and to give absolution upon the performance of penance injoined. Some exceptionally bad cases were, however, specially reserved by the Bishop. Persons who suffered from the ecclesiastical ban were deprived of the right of burial in the churchyard. Two cases of the kind are recorded in the Penrith registers for 1623. ”August 29th, Lanc. Wood, being excommunicate, buried on the Fell. September 5th, Richd. Gibbon, being excommunicate, buried on the Fell.”

The most noteworthy instance of a man of any eminence in the Church being visited with excommunication during the last two centuries is probably that of Dr. Todd, who was vicar of Penrith in the first quarter of the eighteenth century. He and Bishop Nicolson had a long and bitter quarrel as to the rights of the prelate in local Church affairs. The diocesan at length suspended the vicar _ab officio et beneficio_, and then excommunicated him. The story throughout is not of a particularly edifying character; Dr. Todd took his punishment very lightly, and afterwards he and the Bishop seem to have been very good friends again.

Still later there are to be found records in various parish registers of ecclesiastical pressure being brought to bear on paris.h.i.+oners. Without any reason being shown in the register, Jane Curry was declared excommunicate, December 10th, 1732, by Hugh Brown, curate of Hayton. At Kirkandrews-on-Esk the churchwardens' book shows a list of presentments for not bringing children to be baptised; for clandestine marriages, fornication, and contumacy. The parties were either excommunicated, or did penance, in the church on Sunday. One man did his penance in 1711 after having for fornication been excommunicated for thirty years; another man was excommunicated for refusing to be churchwarden. In 1785 two couples were publicly rebuked in church for clandestine marriage, and Sir James Graham, on the application of the curate, Mr. Nichol, ordered all his tenants to pay their fees properly. Clandestine marriages of course deprived the rector or the curate of the fees, hence the landlord's reproof and caution.

The power of excommunication, which during the time of Charles the First had been chiefly exercised against the Romanists, was at the commencement of the reign of James the Second turned against the Protestant Nonconformists, with, in some districts, results sometimes curious but almost always sad. The names of forty-four persons were set out in the Greystoke register on March 29th, 1685, with this announcement following them: ”Were these persons whose names and sirnames are here under written denounced excommunicate for their offences, and other their contumacy in not appearing at Consistorye Court for the reformation of their lives and manners.” Some of the offenders seem to have had only indifferent moral characters, but the majority were Quakers. Quakerism had been spreading for many years in the two counties, and during the time Dr. Gilpin was rector of Greystoke, the Nonconformists, while holding him personally in the deepest respect, gave him some hard puzzles to solve. ”Such were their novel phrases and cross questions and answers that the doctor seemed sometimes at a loss what to say to them.” Among those who went over to the Quakers was a noted yeoman in his day--Henry Winder, of Green Close, who was appointed by the ”Friends” to be the Receiver of all their collections in c.u.mberland. He, however, afterwards returned to the Presbyterians, and wrote some noteworthy pamphlets on religious topics. His many quarrels did not help to wear out his frame, for we read: ”Feb. 9th, 1716/7 if was buried Henry Winder, sen., of Hutton Soyle; who dyed of a dropsy in the hundredth and first year of his age.”

The registers of Bampton contain many curious entries, especially about people who did not go regularly to church. One, which may be taken as an example of other reports by the churchwardens, reads:--”We have no presentments to make but what has been formerly presented, viz., we have Thomas Braidley and Margret his wife, Richard Simpson, John Hottblacke, and Syth Gibson, quakers, and noe other we have in our parish, but doe duely resort to church, nor any other offence presentable to our knowledge.” In other cases it was further noted that ”the parties stand excommunicated.” The churchwardens were evidently strict about enforcing order, and on one occasion reported ”William Stephenson for violent beating of John Wilkinson of Shap upon the sabbath and within the churchyard.” In other ways the churchwardens exercised care; and a woman got into trouble with them for acting as a midwife ”without licence to the prejudice of several persons.” Again, ”Lancelot Hogarth is presented to us by information of Richard Brown for loading corn on the sabbath in time of divine service.” Sometimes the parish clerk had a share in the work; one of these presented. ”James Hayes of Banton, for reading two sale notices, without leave on the Sabbath day, one in the church, the other in ye churchyard.”

Possibly even Dissenters were not thought to be entirely bad, so long as they paid their t.i.thes, and in presenting William Simpson once more the Bampton churchwardens vouched that albeit he was a Quaker he was ”a very moderate one; tho' he absent the church yett he payes his tythes.” The Church authorities seem to have carried out their unpleasant duties with a due amount of consideration; there is a tone of sympathy about some of the entries; in others indifference may be noted, as where Richard Simpson and Margaret Braidley (the latter ”very old, not able to go abroad, scarcely help herself,”) are presented along with William Wilson, younger, a Dissenter--what sort we know not, but he never comes to church. Although the Howards of Naworth at one time owned the manor of Thornthwaite, and lived at the Hall, the only entry in which the name is found is the following: ”We have none to present but who have been formerly presented and doe stand excommunicated, viz., Mr. William Howard and Jane his wife, papists, Richard Simpson and Margret Braidley, widow, quakers, all that we have.”

Although the sentence of excommunication was frequently used by the Nonconformist bodies, in this case the proclamation had no such serious results as followed the sentence in earlier days. Among the records of the Penrith Presbyterian Church are many allusions to excommunication; one instance will suffice to ill.u.s.trate the rest. In 1818, Robert McCreery, a member of the church, had left the town in company with a woman who was not his wife, but returning three months afterwards, he pet.i.tioned to be re-admitted to the Presbyterian Society. Before the formalities could be concluded McCreery seems to have changed his mind and withdrawn his application, and he was therefore declared from the pulpit to be excommunicate.

At Ravenstonedale, in the days of Philip Lord Wharton, there was a ready method of dealing with slanderers and other transgressors. The ”town” was governed by twenty-four of the princ.i.p.al inhabitants, called the grand jury, and the oath which they were required to take included a promise that--

”Every person or persons within this lords.h.i.+p which shall be convicted before the grand jury for the time being and by them be found to have offended against any person or persons within this lords.h.i.+p, either by slanderous words or other unlawful speech or report, that the same offender or offenders shall, upon such a Sabbath Day, before the celebration of the general Communion then next following the conviction, and in such manner before the people a.s.sembled in the church ... appoint the said offender or offenders in penitent manner to confess their fault, and to ask the party aggrieved forgiveness for the same, upon pain of every such offender or offenders to forfeit to the lord of this manor, so often as they shall contemptuously or obstinately deny or defer to make their reconcilements, 3s. 4d.: and the men in charge of the church not to fail in execution hereof upon pain to forfeit to the lord 12d.”

Though paying 3s. 4d. seems a small punishment, it was a large sum towards the end of the reign of Queen Bess, and would be equal to fully 3 now, while three years after the rule was inst.i.tuted the fine was doubled. Mr.

Nicholls, in a series of lectures which he delivered in the village some twenty-four years ago, remarked:--

”Such a law as this one would expect to be a very wholesome check against slander. There is a tradition that the culprit was compelled to stand up, wrapt in a white sheet, and confess his fault; but, whether this were so or no, the confession must have been a terrible ordeal, and I can understand that the fine was often paid. It would seem that notwithstanding the fine or penalty, the vice was a prevalent one, as its mention is followed by a homily against the sin of slander, in which many pa.s.sages of Scripture are cleverly and skilfully incorporated.”

The long-since dismantled Abbey of Lanercost had its origin in a tragedy.

Gils Beuth laid claim to a part of Gilsland, and Robert de Vallibus, lord of Gilsland, slew him at a meeting for agreement appointed between them under trust and a.s.surance of safety. In consequence of that action Vallibus laid down arms and began to study law with such good effect that in time he became a judge. The murder still preyed on his mind until he made satisfaction to Mother Church by building Lanercost Abbey, and endowing it with the very lands which had brought about the murder.

Dr. Burn in one instance shows that not only were people allowed ”the option,” in some cases, but that the money was put to good use. A silver communion chalice belonging to Beetham Parish Church ”was purchased by the late Commissary Stratford with money paid in commutation of penance for adultery and fornication;” its inscription being ”OB POEN. MULCT.

DEDICAT. HUIC. ECCLESIae, 1716.” Slanderers had occasionally to pay not only a monetary penalty for the free use of their tongues, but to satisfy the ecclesiastical authorities as well. Chancellor Paley had such a case before him in November, 1789, where a man had ”uttered words of a shameful nature and unbecoming a Christian, in prejudice to the complainant and his daughter.” The Chancellor ”decreed the defendant to do public penance in the parish church, and to be condemned in all costs.” The _Pacquet_ which thus records the decision, is silent as to the method in which the punishment was carried out. Penance in connection with illegitimacy was not uncommon; therefore the following entry which occurs in the Kirby Th.o.r.e register, dated June 27th, 1779, after the baptism of an illegitimate child, must be taken only as an example: ”William Bowness, of Bolton B[achelor]: Frances Spooner, widow, of this Parish, the parents, underwent a public penance in this church.”

The Millom records under date March 27th, 1595, say that Jenet Benson was ”to be sorye for her sins by order of Mr. Commissorye at Botle;” and in 1608 ”Barnard Benson did his penance in the parishe chirche of Millom the 19th of March and payed to the poor of the chirche x{s.} which was openly delivered in the pulpit, vi{s.} viii{d.} at Millom and iii{s.} iv{d.} at Ulfall.” The Bensons would seem to have been a troublesome lot, for another entry is that ”Myles Benson p{d} xii{d.} for sleepinge and not goinge orderly to church.” The wardens at that time could fine any paris.h.i.+oners a s.h.i.+lling for neglecting to attend church. Insults to the clergy were visited with such punishments as could be imposed, and the doing of penance was perhaps the most suitable consequence of such an action. This paragraph appears in the Greystoke register:--”1608/9 February 12th. This daye two Sermons by Mr. P'son one afforenone, and the other afternone, and Edward Dawson taylyor did openlye conffess before the Congregation that he had abused the mynister Sr. Matthew Gibson upon the Sabboth daye at Evenynge prayer.” Sacrilege has always been very properly looked upon as one of the worst crimes, but instances must be comparatively rare of an estate being forfeited through such an act.

Barwise Hall, near Appleby, descended from the family of Berewyse to that of Ross, and the last of these is said to have forfeited his domain for stealing a silver chalice out of the church.

Before the privilege was abolished by Parliament in the reign of James the First, there were several places in the two counties at which sanctuary could be obtained. One was at Ravenstonedale. The Rev. W. Nicholls, Dr.

Simpson, Mr. A. Fothergill, the Rev. R. W. Metcalfe, and others have brought the history of that parish to an unusually complete stage, and the first-named gentleman has told the story.[11] The tower, according to tradition--the structure was demolished about a century and a half ago--stood apart from the church, on the road side, and rested on pillars, leaving openings at equal distances on each side, while from the centre hung the rope of the refuge bell. Any person who had committed any offence worthy of death--once a very easy matter, there being many such crimes besides murder--after ringing the bell could not be seized by the Sheriff or any other King's officer, but must be tried by the lord's Court at Ravenstonedale, which doubtless at first consisted of the monks. Mr.

Fothergill recorded that in his time if a murderer fled to the church and tolled the holy bell, he was free, and that if a stranger came within the precincts of the manor he was safe from the pursuer. He added:--”Of our own knowledge, and within our own memory, no felon, though a murderer, was to be carried out of the parish for trial, and one Holme, a murderer, lived and died in Ravenstonedale; his posterity continued there for two generations, when the family became extinct.” Some doubt has been thrown on the local tradition that the privilege of sanctuary was possessed by the Nunnery, on the banks of the Eden, in Ainstable parish. There is still an upright pillar, having on one side of it a cross, round which is inscribed ”Sanctuarium, 1088.” There is also near to Greystoke Church what is called a sanctuary stone.

In the Museum at Kendal is preserved a good specimen of the scolds'