Christian antiquities -- Great Britain; Folklore -- Great Britain; Great Britain -- Antiquities
But custom was never uniform with respect to these assemblies within
sacred buildings. Contemporaneously with the use, in some parishes, of
the church fabric for meetings, we find other villages where the
churchyard was the rallying-place. Several causes may have conduced to
these results. The church may have been too small; there may have been a
quarrel with some strict incumbent; more frequently, there was a dispute
about the interpretation of a prohibitory canon. Indeed, records show
that the practice was always being condemned, and always being
continued. Thus, during the reign of Henry II., the old port-moot of the
burgesses of Oxford met in St Martin’s churchyard[336]. Meetings in
church were forbidden at the Synods of Exeter and Winchester (A.D.
1287)[337]. Yet, in A.D. 1472, the inhabitants of two Yorkshire parishes
were reported to the Archbishop of York for holding councils in the
churchyard. (“_Dicunt quod omnes parochiani tenent plebisitum, et alias
ordinaciones temporales, in ecclesia et cimiterio_[338].”) Nevertheless,
in the sixteenth century, we find that one of Laud’s unpopular acts was
his attempt to stop the practice of holding lay tribunals in consecrated
places. At Tewkesbury, in particular, the townsfolk deemed this a
grievance. Armed with a licence from the bishop, and shielded by ancient
custom, the justices of the peace had long held their sessions in the
churchyard. For these acts, the primate called some of the justices into
the High Commission Court. When challenged, Laud was obliged to confess
that temporal courts might be held on consecrated ground or within the
church upon urgent occasion, yet there was no warrant for sessions which
might involve a “trial for blood[339].” Sir G. L. Gomme, who has
collected many instances of the custom which we are discussing, cites
authority to show that, in recent times, the stewards and bailiffs of a
leet would occasionally, in bad weather, disregard the canon and hold
their courts in churches[340].
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