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State Pap., loc. cit. Indictment of Essex jury, Hist. MSS. Rep., loc. cit. supra. Ibid. Information of the Wilts justices against one Dearling, parson of Upton Lowell, loc. cit. supra, 68 . Cf. Chelmsford Acc'ts, Essex Arch. The act-books are full of "detections" for being an "uncharitable person," for "not giving to the poor," etc. See pp. 41 ff., supra.
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.
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.
We find in the act-books officiating rectors or vicars presented for non-residence upon their cures; 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; or for not providing quarter sermons where the clergyman serving the cure was not himself licenced to preach; beneficed men not resident are arraigned for not giving the fortieth part of their revenue to the parish poor; resident ministers indicted for not keeping hospitality, or for not visiting the sick.
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." So, also, we read in the St. The act-books abundantly show that ecclesiastical courts were very far from being limited to mere moral suasion or to spiritual censures.
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.
C.R. Rivington, The Records of the Worshipful Company of Stationers in London and Middlesex Archæol. Soc. Tr., vi, 302. 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. Thus he could not receive communion, be married, stand as godfather, etc. Burn, Eccles. Law, i, 252-3.
Art. of 1559 in Cardwell, Doc. Ann., i, 211. Hale, Crim. Barnes' Eccles. Also Hale, ubi supra, 146, 159, etc. 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. Ann., i, 336.
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. See examples in note 32, pp. 19 supra. Hale, Crim. For some interesting receipt items see The Westminster Tobacco Box, Pt. ii, Overseers Acc'ts, 18 ff. Wandsworth Acc'ts, Surrey Arch.
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.
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