[165] See Hale., _op. cit_., 198 (Archdeacon's instructions to a curate in 1589). _Ibid_., 200 (Minister stopping service as an excommunicate would not leave. 1590). _Hist. MSS. Com. Rep. Var. Coll_. (1901), 78 (Complaint by a vicar to Wilts quarter sessions that an excommunicate tried to remain at service. 1606). _Associated Architectural Soc. Rep_., (etc.), xxxiii, Pt. ii (1897), 373-4 (Device of procuring an excommunicate to enter church and interrupt service so certain youths could continue their morris-dancing, 1617). Chelmsford Acc'ts, _Essex Arch. Soc_., ii, 213 (Item for "carrying Roger Price out of the Church, he being exc[mmunicated]..." 1632). [166] See Canons of 1597, Cardwell, _Syn_., i, 156. Burn, _op. cit_., 457-8. For such a sentence see E.H. Chadwyck Healey, _Hist. of West Somerset_ (1901), 184 (Archdeacon of Taunton requiring a minister to denounce solemnly three obstinate excommunicates, and to warn all good Christians not to eat or drink, buy or sell, or otherwise communicate with them under the pains of being themselves excommunicated. 1628). [167] Thus those who talked with him, ate at the same table with him, saluted him, or gave anything to him were themselves _ipso facto_ excommunicate. See Reeve, _Hist. of English Law_ (Finlayson's ed.), iii, 68. If such an excommunicate brought an action at law, the defendant could plead in bar the excommunication. The testimony of such a man was not admissible in court. Finally, he could not be buried in the parish churchyard nor could services be performed over his body. Burn, _loc. cit., supra_. [168] See the case of Kenton v. Wallinger, 41 Eliz., _Croke's Eliz. Rep., Leache's ed_., Pt. ii, 838. This has already been mentioned on p. 33, note 102. In the Leverton, Lincoln, Overseers for the Poor Acc'ts, there occurs, _s. a_. 1574 an item of 7s. given to John Towtynge "for the discharge of ... his excomynacion," and the next year a sum of 2s. 6d. given to a woman for a like discharge. _Archæologia_, xli, 369-70. [169] Whereby any but a perjured man would be forced to incriminate himself. [170] Cf. Maitland, _Canon Law in the Church of England_, chapter, "The Pope the Universal Ordinary." For proceedings by High Commissioners see Stubbs in _Eccles. Courts Com. Rep_. to Parliament (1883), i, Hist. Append., 50.