The Elizabethan Parish in its Ecclesiastical and Financial Aspects — John Shaqi
The Elizabethan Parish in its Ecclesiastical and Financial AspectsWare, Sedley Lynch
History
The Elizabethan Parish in its Ecclesiastical and Financial Aspects
Ware, Sedley Lynch
Church of England -- Finance; England -- Church history -- 16th century; Parishes -- Great Britain
Thus he concocts his accusations of immorality, or drunkenness, or
profanity, or uncharity towards neighbors, and writes them busily down
in his _quorum nomina_, or formulas of citations to appear before the
official's court. "My _corum nomine_ beares such swaye," he boasts,
"They'le sell their clothes my fees to pay." But, remarks the devil
after listening to all this, surely the innocent pay no court fees,
"But answere and discharged bee." "My _corum nomine_ sayth not so,"
rejoins the apparitor, "For all pay fees before they goe.--The
lawier's fees must needs be payd,--And every clarke in his degree--Or
els the lawe cannot be stayd--But excommunicate must they bee." The
devil, amazed and disgusted at laws which "excell the paines of hell,"
turns to go, whereupon the apparitor seeks to arrest and fine him for
traveling on the Sabbath. Exclaiming "Thou art no constable!" the
devil pounces upon the unworthy officer and carries him off to
hell.[185] Thirdly, even when at their best and conducted by upright
judges and officers, the modes of proof in force in the courts
Christian were sometimes utterly inadequate as means for getting at
the truth. The inquest, or trial by jury, had never been introduced
into these courts, where the archaic system of compurgation[186] still
lingered.
If a man for want of friends, or for want of good reputation, were
unable to procure compurgators to attend him at visitations or courts,
held sometimes twenty miles and more away,[187] he might be condemned
as guilty of specific acts which he had never committed.[188] He might
even fail in his proof because he was poor. When the judge arraigned
Lewis Billings of Barking, Essex archdeaconry, for "that he hath
failed in his purgacion," Billings pleaded "that he is a very poore
man and not able to procure his neighbours to come to the cort, and
beare their charges."[189] But, as is well known, contemporaries
attacked not only the inferior officers, but the judges themselves.
Complaints of great abuses were loud and long,[190] and when the
ecclesiastical courts were abolished by the Long Parliament in
1641,[191] the satirical literature of the day celebrated their
downfall with a verve, a gusto, and an exultation amazing to one not
familiar with the procedure of these courts.[192]
Public-domain text, read in full here on John Shaqi.
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