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See also infra, p. 47. Canons of 1585 and 1597, Cardwell, Syn., i, 144 and 155-6 respectively. See in Hale, Crim. Prec., 206-7, the elaborate formula of confession prescribed for Wm. Peacock of Leighton, Essex, in 1592. See pp. 12-13, and p. 27, supra. Barnes' Eccles. For such a permit to hear preaching elsewhere, see Hale, Crim. Hale, ibid., 187-8. 1 Eliz., c. 2, sec. iii, ad finem.
The court granted them a further space to buy the implements. Similar examples abound in Archdeacon Hale's work, just cited, which covers the period 1557 to 1736. Ibid., 4 . For other cases see passim. Hale, Churchwardens' Prec., 98 . Burn, Eccles. To these words should be added the qualification that the parishioners were sometimes collectively punished, viz., by interdiction of their church.
Stanhope was chancellor to the bishop of London. See p. 46 ff. infra. Also Ch. ii, infra. Hale, Crim. Prec., 155. 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.
Delinquent parishioners were of course cited in person, or remanded to appear at the next court day holden elsewhere. At Alnwick in 1578 fifteen persons were excommunicated for non-attendance. Barnes' Eccles. Proc., 41. Cf. Hale, Crim. Prec., passim. Lists of "furniture," implements and books will be found in the metropolitan or diocesan injunctions of the time.
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. See act-books above cited. Also Hale, Crim. Prec., 165, et passim. Barnes' Eccles. Proc., 118, et passim. Norf. and Norw. Arch. Hale, Crim. Cf. Grindal's Inj. at York, 1571, in Cardwell, Doc. Ann., i, 337. Cf.
This source hereinafter cited as Manchester Deanery Visit. Hale, Crim. Manchester Deanery Visit., 66 . Cf. Canterbury Visit., xxv, 23 . Hall, Crim. Prec., 13 . Warrington Deanery Visit., 189. Manchester Deanery Visit., 69. Ibid. Then as now the ale-house was the strongest rival of the House of God. Order of the archdeacon, Essex Archdeaconry, to the wardens of St. Peter's and of All Saints.
J.H. Butcher, The Parish of Ashburton in the 15th and 16th Centuries , 42. See also ibid., 40 and 49. Also H.J.F. Swayne, Acc'ts of St. Edmund and St. Hale, Churchwardens' Prec., 4-10, 5th to 8th March, 1607-8. Cf. ibid., 16. Hale, op. cit., 109-110. Canterbury Visit., xxvii, 218. Authorization to tax the land is not asked for in express terms, but seems to be implied.
We have a number of these articles of inquiry formulated by archbishops or bishops. Cf. Cardwell, Doc. The last named work hereinafter cited as Hale, Churchwardens' Prec. For numerous examples of excommunication for non-appearance, see Barnes' Eccles. Proc., 29 ff. Incumbents, wardens and sidemen were almost always in attendance. Schoolmasters usually so when there were such.
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. Brownlow v. Lambert, C.B., 41 Eliz., I Croke Eliz. Rep., Leache's ed. , Pt. ii, 716. This work hereinafter cited as Hale, Crim. Prec. Constables Acc'ts of Melton in Leicester Architec. and Archaeol. Soc. Trans., iii , 72-3. Chelmsford Churchwardens Acc'ts in Essex Archaeol.
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. See his book for the modes of proceeding. Cf. also Hale, Crim. Prec., Introd., p. lviii.
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