A^SERIES OF c; PRECEDENTS AND PlIOCEEDINGS IN CRIMINAL CAUSES, EXTENDING FROM THE YEAR 1475 TO 1 G40 ; EXTRACTED FROM ACT-BOOKS OF ECCLESIASTICAL COURTS IN THE DIOCESE OF LONDON, ILLUSTUATIVE OF THE DISCIPLINE OF THE CHURCH OF ENGLAND. TO WHICH IS PREFIXED, AN INTRODUCTORY ESSAY. WILLIAM HALE ^HALE, MA. xMlCHDEACON OF LONDON. LONDON: FRANCIS & JOHN RIVINGTON, ST. Paul's church yard, and waterlog place ; & SAUNDERS & BENNING, 43, FLEET STREET. 1847. LONDON: GILBERT & RIVINGTON, IKINTEUS, ST. John's stiUAiiE. TO THE RIGHT HONOURAIU-E SIR HERBERT JENNER FUST, KNT. LL.D. DEAN OF THE ARCHES, OFFICIAL PRINCIPAL OF THE ARCHES COURT OF CANTERUURY, MASTER OF TRINITY HALL, CAMBRIDGE, THIS WORK IS RESPECTFULLY DEDICATED, BY HIS SINCERE AND OBLIGED FRIEND, W. H. HALE. CHARTERHOUSE, FEB. XVIII, MDCCCXLVIl. f;Hn22l ACT-BOOKS OF THE ECCLESIASTICAL COURTS iiAVi; I'UKMsur.i) Tin: COLLECTION OF PRECEDENTS IN THE roLLUWINO OIIDKR : — THE COMMISSARY COURT OF LONDON. Precedents 1— 69 from Act-Book A.D. 1475—1482 70—115 .... 148!)-14i)l llC-159 .... 1492, 14!):J l(i0-104 .... 149(; 1 ^ . Church Books and Regis ters. Churching of Women. Church-rates. Church-repairs. Churcli-stock. Churchwarden. Churchwarden's Account. Churchyard, &c. Clerical Misconduct. Communion. Confession. Contempt of the Clergy. Conventicjps. Courts and their Officer's. DifFamation. Dress of Clei-gy. Drunkenness and haunt- .ing Taverns. Dues and Fees. Excomnmuicate Persons. Fox's Monuments. Fraternity (Goods of). Heretical Opinions. Incest. Incontinence. Infants. Injunctions. License to officiate. Mati-unonial Causes. Midwives and Surgeons. Miscellaneous Offences. Orders (Holy). Ordination. Overlaying Infants. Pardon. Pardoner. Parish Bounds. Parish Clerk. Pax-bread and Blessed Bread. Penance (Forms of). Penance-sheet. Perjury. Pews and Seats. Plurality. Processions and Peram- bulations. Proctors. Profaning the Church. Pronubai. Purgation. Recusancy and Popery. Roodloft. Sacrilege. Sacristan. Schoolmasters. Sick Persons. Simony. Sundays and Holydays (Non-observance of). Testamentary Causes. Tithes and Offerings. Torches and Torch- warden. Usury. Witc'liL-raft. AN ESSAY ENGLISH ECCLESIASTICAL LAW, AND THE JURISDICTION OF THE ECCLESIASTICAL COURTS. ESSAY, The publication of a work like the present, which exhibits a series of Precedents of Cases in the Ecclesiastical Courts of the Diocese of London, from the year 1475 to the year 1640, and which illustrates the method, in which the Dis- cipline of the Church of England was exercised in the cor- rection of the vices and errors both of the Laity and Clergy during that period, might at any time be regarded with interest, if upon no other accovmt, at least upon this ; that whilst it incidently records the gradual changes in opinions upon religion, which took place during that eventful period, and accurately portrays the nature of our ancient Eccle- siastical Discipline, it also enables us to obtain in many respects a clearer insight into the domestic habits of the inhabitants of the Diocese of London in former ages. It is not, however, to the connexion between the contents of this volume and the history, both of the Church of Eng- land, and of English society, that I am inclined to attach the greatest importance. Had no other object been present to ray mind amidst such antiquarian researches, than that of adding something to the general stock of knowledge ; how- ever valuable the contribution might appear to be, I could hardly have justified to myself such an employment of my 11 ESSAY. leisure hours. It is in the pubhc proceedings of the Legis- lature for the improvement of Ecclesiastical Discipline, and in thje private opinions, which many persons entertain of a great injury supposed to have been inflicted by the Reforma- tion upon the Church, in the destruction of her powers of Spiritual Discipline, that I have found motives, which have encouraged me to persevere in these labours, and which have induced me to publish some portion of the results. Whether the course of Legislation upon the subject of Clerical Discipline has been based upon correct principles of Juris- prudence, and whether experience has proved its fitness to meet the condition of society and the wants of the Church, it would be presumptuous in me to decide. I entertain, however, a strong and, I venture to say, well-grounded opinion, that if our system of Ecclesiastical Discipline is to be remodelled, it cannot but be of use, to have an accurate knowledge of that system in its most ancient and simplest form ; such knowledge may serve to show the origin of those defects, of which we now complain ; and we may be enabled to determine, whether in our altered state of society, and consistently with modern notions of Criminal Justice, an effectual remedy for those defects can be devised. In the attempts which have been made in the course of the present century to revive a Discipline, which had fallen almost into desuetude, it has been discovered, that the summary justice of ancient times has given place to protracted, and, by con- sequence, expensive processes ; and hence it not unfrequently happens that crimes go unpunished : but, on the other hand, the numerous cases in which within the last few years crimi- nous Clergymen have been convicted, suspended, and de- prived; and the important questions, which have been raised and decided in the Ecclesiastical Courts upon doctrinal and rubrical questions, are proofs, that inconvenient or expensive as the legal process may be. Ecclesiastical Discipline is not wholly extinguished, nor is our Church destitute of the means of declaring by Legal decision, what are the Doctrines ESSAY. Ill contained in her Formularies, and what are the Practices, which in things external she enjoins. The present period is indeed remarkable, both for complaints against the ineffi- ciency of our Discipline, and for endeavours to amend it; and yet posterity would judge most unjustly, if it should conclude, that these proceedings were called into action by an increase of immorality among the Clergy, or by greater neglect in the performance of duty. It is not, that crime is more frequent, far otherwise ; the means which we possess of comparing the manners and habits and conduct of the Clergy of our own day with those of any former period, only serve to prove our present superiority ; and all the desire which is shown, and the wishes which ai'c expressed, to procure the punishment and ejectment of unworthy Clergy- men, are so many proofs of a higher tone of feeling, and of a stronger conviction on the part of the Church at large, that any conduct on the part of a Clergyman, which falls short of being exemplary, though it may not deserve punishment, is yet the proper subject of reproof. The discussions which have of late years taken place on the subject of Clerical Discipline, together with the increased cultivation of Ecclesiastical knowledge, have contributed to direct the attention of many persons to the general question of Church Discipline, and to the power of correction, which the Church formerly exercised, as well over the Laity, as over the Clergy ; and it is to be feared, that not a few persons have been induced to undervalue the blessings conferred upon us by the Reformation of Religion, as if the restoration of truth had been purchased by a declension in morals, and liberty had been followed by licentiousness. It cannot be denied that, as respects the conduct of Lay members of our Church, all Discipline has ceased ; and there is good ground to believe, that if any one were bold enough? especially when such a work as this is presented to the public, to propose the restoration of it, he w^ould encounter a2 IV ESSAY. hostility not less formidable, than that with which the most learned of modern writers on Church Discipline, Bishop Gibson, was assailed upon the publication of his invaluable work, the " Codex Juris Ecclesiastici Anglicani ; " and that he would be denounced, as a disciple of Archbishop Laud, who was secretly desiring to renew the terrors of the Court of High Commission, and to destroy liberty of con- science and freedom in the profession of religion. This present work will prove, that the Reformation is unjustly blamed, as if it had occasioned the overthrow of that autho- rity in matters of faith and of conduct over the Lay, as well as Clerical, members of our Church, to which in former times every one was amenable ; and that for nearly a century subsequent to the Reformation, until the year 1640, the faults and vices both of the Laity and Clergy, whether in faith, or morals, or Ecclesiastical observances, were the subject of most vigilant inquiry, and were corrected and punished according to one uniform system. The contrast between the present and past condition of our Church since her Reformation, as respects her power over the Laity, is indeed most striking ; but whilst we are forced to admit, that our Church is more defective in this I'espect than any other religious community ; and that, inasmuch as Church mem- bership implies submission to the laws of the Church, they who are schismatical in conduct and profligate in manners, ought, in compliance with the commands of our Lord and of his Apostles, to be censured and corrected by the Church ; it would not be inconsistent with such an admission, if we expressed a strong doubt, whether the restoration of such a system of Discipline, as is portrayed in this volume, is suit- able to our present social condition, or calculated to promote true religion, and to improve the public morals. In the present complicated form of society, and above all, in so serious a matter, as the punishment of sin by public censure and rebuke, we need not be ashamed to confess the difficulty, ESSAY. V in which the Church is placed, as a spiritual society in the midst of an opposing world, and to acknowledge, that it is fur easier to discern defects in her system of internal government, than to devise a remedy for them. The opinion that our Church lost her power of exercising Discipline at the Reformation, owes, I believe, its origin in a great degree to that well-known passage in the Commina- tion Service, which first states, that " in the primitive Church there w^as a godly discipline ; that at the beginning of Lent, such persons, as were notorious sinners, were put to open penance and punished in this world, that their souls might be saved in the day of the Lord, and that others admonished by their example might be more afraid to offend ;" and then subjoins, " Li the stead whereof, until the said discipline be restored again, which is much to be wished, it is thought good that at this time in your presence should be read the general sentences of God's cursing," &c. Now the wish here expressed, it should be observed, relates only to a certain primitive custom ', and to the restoration not of any practice recently fallen into desuetude, but of a godly dis- cipline exercised in the earliest ages at a certain period of the year ; and if it be borne in mind that, in the " Reformatio legum," which is commonly ascribed to Archbishop Cranmer, public penance is prescribed as the punishment of scarcely any other offence but that of perjury, whilst imprisonment is proposed as an ordinary punishment, we may be allowed to conjecture, that when the writer of the Commination Service suggested the restoration of a practice usual in the * Mention is made of tliis practice in the Canons enacted under King Edgar " HsD consuetudines trans mare observantiir ; id est, quod quilibet episcopus sit in sede episcopali sua die Mercurii, quem caput jejunii vocamus ; tunc unus- quisque eorum hominum qui capitalibus criminibus polluti sunt, in provincia ista, 60 die ad ilium accedere debet, et peccata sua illi profiteri, et ille tum praescribit eis pcBnitentiara, cuique pro ratione delicti sui ; eos qui eo digni sunt, ab Ecclesiastica communitate segregat, et tamen ad propriam eorum neces- sitatem animat et liortatur ; et ita postea, cum illius voiiia, domuui redeunt." Ancient Laws and Institutes of England, vol. ii. p. 267- VI ESSAY. Primitive Church, of making the first day of Lent the day of public penance, it was with the view of limiting, instead of extending the practice of this punishment, of which there is reason to believe, that the commonness of it at the period of the Reformation had destroyed the efficacy. If, as will be hereafter pointed out, discipline was less exercised in the Ecclesiastical Courts during the reign of Edward VI. than in that of his predecessor, it is still incredible, that the passage quoted from the Commination Service contains any allusion to such a deficiency of spiritual authority; the Book of Common Prayer having been not only compiled, but also printed within the short period of sixteen months after the accession of Edward to the Crown, King Henry VIII. having departed this life on the 28th of January, 1546-7, and the Prayer-book having been printed in June, 1548 ^ It appears to me that a very erroneous idea is generally entertained of the origin of the Ecclesiastical Courts of this country ; the Ecclesiastical jurisdiction being considered, as if it were not only an encroachment upon the liberty of mankind in general, but also something foreign to our National Juris- prudence, and alien from its spirit ; an instance of successful usurpation by the Church upon the authority of the State. It is not necessary to enter upon the argument, whether the care of Religion ought not to form a branch in the science of Jurisprudence amongst a nation professedly Christian, or whether it is right, that violations of the laws of Nature and of God should be regarded by the State as subjects of punish- ment, on no other ground, and in no other degree, than as they are injurious to individuals, and disturb the public peace. It is universally admitted, that the Common Law of this country is of purely Anglican origin ; but whatever may be its present condition, and whatever theories may thence be de- duced, as illustrative of its fundamental principles, I venture to - Strv^ie's Memorials, vol. iii. p. 136. ESSAY. Vll assert that, according to the Ancient Constitution of England, the care of religion and the enforcement of obedience to the Laws of God was one object of the Common or National Law, and that the Ecclesiastical Courts were, from a period at least as early as the reign of Canute, instruments autho- rized by the State to take charge of the public morals, and to punish those who offended against the laws of God. Religion was formerly considered the means in the hands of the State of promoting the public good, and accordingly the Law enjoined not only the preservation of Peace, but the observance of Religion. The English Jurist invariably teaches, that if we would trace the Common Law of England to its primaeval source, we must search for it in the legislation of the Anglo- Saxon and Anglo-Norman kings; nor will the learned Antiquary be less ready to acknowledge, that the differences by which the inhabitants of this country, as respect their social condition, are distinguished from the continental nations, are referable to peculiar laws respecting the pos- session and rights of property which existed prior to the Conquest. The Anglo-Saxon laws were deeply marked with the impress of religion, and this to such an extent, that it is scarcely possible to separate the Ecclesiastical from the Secular enactments; and as the laws for Secular purposes do not appear to have been promulgated solely by the advice of the laity, so neither were laws relative to the profession and observance of the Christian religion, nothing more than the Constitutions and Canons of Ecclesi- astical councils. The Union between the Church and State was complete and entire ; the same authority and the same assemblies of great men, which defined the rights of property and the rule of justice between man and man, prescribed the conduct which every man was publicly to observe as a mem- ber of the State in subordination to the law of God. Tlie truth of this statement will appear from the following pas- sages in the Anglo-Saxon Laws, which are quoted as con- Vlll ESSAY. tained in the work published by the Record Commission, entitled, " Ancient Laws and Institutes of England." The Laws of Wihtraed, King of the Kentish men, who died A.D. 725, were enacted by a convention of the great men ^, and relate chiefly to religious duties and offences, to the observance of the Sabbath and the prohibition of heathen worship \ Alfred succeeded to the crown of Wessex in 871. The first part of his Laws contains not only the Ten Command- ments, but many enactments almost literally transcribed from the book of Exodus, but in which the Vulgate, from which they may be supposed to have been taken, is " so far departed from by omissions, amplifications, or substitutions, as to preserve very little resemblance with the presumed original ^" At the end of the first part of Alfred's law it is asserted, " These laws were shown by Alfred to his ' witan,' and by them declared good to be holden ^ ;" but whether this allegation refers or not to the second part, rather than to this part which is taken from Scripture, it is equally true, that the Secular and Ecclesiastical laws of this monarch are inseparably combined, and that the influence of religion was united with the kingly power in checking the progress of vice, and in securing the public peace. Whether the law of Alfred ' which forbad that " bocland " which had been entailed upon a family, should be given to others than kins- men, has reference to a testamentary disposition of the pro- perty, may be questioned ; a stronger proof cannot however be adduced to show in what manner the Kingly and the Episcopal authority acted together, than the provision, that the proof of the " bocland " being free from entail was to be made " in the presence of the King and of the Bishop before the kinsmen " of the possessor. The Laws of Ina, JCing of Wessex, though enacted at as early a period as those of Wihtraed, King of Kent, are noticed 3 A. L. vol. i. p. 37. * pp. 40—43. * See notes of the Editor of the Anglo-Saxon Laws, p. 54. " p. 69. ^ p. 89. Compare vol. ii. p. 456. XLl. ESSAY. IX in this place, because they are found in the MS. appended to the Laws of Alfred: they contain a few enactments* relative to religion, but the authority which enacted them was that of the " ealdormen " and " witan " as well as of the Bishops. The preface to the Laws of Edward and Guthrum illustrates in a remarkable manner the position, that in the Anglo- Saxon times the care of religion was an intrinsic part of the National law ; it is therein declared, that the two princes " ordained that they would love one God, and zealously re- "nounce every kind of heathenism. And they established " worldly rules also for these reasons, that they knew, that " else they might not many control, nor would manj men else "submit to divine ' bot ^ ' as they should; and the worldly " ' hot ' they established in common to Christ and to the " king, whensoever a man would not lawfully submit to divine " ' b5t ' by direction of the Bishops '." The preface to the Secular Laws of Edmund is to the same effect, " Edmund the king makes known to all people " both old and young that are in his dominions, that which I " have deliberated with the council of my ' witan ' both " Ecclesiastic and Secular, first how I might most promote " Christianity. Then seemed it to us, first, most needful that "we should most firmly preserve our peacefulness and " harmony among ourselves throughout all my dominion \" The Laws of Edgar, which, as well as those of former kings, recognized the payment of Church scot and Tithes, and the observance of Festivals and Fasts, were enacted, not in any Ecclesiastical synod but with the council of the Witan '. The Laws of Ethelred, who died in 1016, are of a very remarkable character, being, if we may so speak, still more Religious : it is needless to refer to particular enactments, I shall content myself with quoting but one passage, which « pp. 103, 104. * " BOt," amends, compensation. ' p. 167- Compare vol. ii. p. 478, where the phrase " would not lawfully submit to divine lint," is translated, " ubicuuciuc rccusabitur lc\ Dei juste servari." » p. 247. •' p. 203. X ESSAY. not only proves incontrovertibly that the profession of Chris- tianity is a fundamental principle of the x\nglican constitution, but also shows by what steps and with what intent the Divine Law became an intrinsic part of the Common Law of England. " It is very justly incumbent on Christian men " that they may diligently avenge any offence against God. " And wise were those Secular ' witan ' who to the Divine " Laws of right added secular laws for the peoples govern- "mentj and directed the 'bot' to Christ and the king, that " many should thus of necessity be compelled to right. But " in those ' gemots ' though deliberately held in places of " note after Edgar's lifetime, the laws of Christ waned and " the kings laws were impaired. And then was separated, " what was before in common to Christ and the king in " secular government. And it has ever been the worse " before God and before the world, but it may now come to " an amendment, if God will it. And an amendment however "may yet come, if it be diligently and earnestly undertaken. " And if any one will properly cleanse the land, then must "he inquire and diligently trace where the criminals have " their dwelling, who will not desist, nor make ' bot ' before " God ; but wherever they may be found, let them be com- " polled to right willingly or unwillingly, or let them alto- " gether withdraw from the country unless they submit and " turn to right '." These references to the Anglo-Saxon Laws which exhibit a continuous chain of legislation, terminating with the death of Ethelred in 1016, exactly half a century before the Conquest, are proofs of the assertion, that the care of Religion was one object of the Common or National Law ; but they can be regarded only as intimations of the existence of an Eccle- siastical jurisdiction. We find, however, in the Laws of Cnut distinct evidence, not only that the Divine Law was a part of the National code, but also that the courts of justice p. 34a. ESSAY. XI took cognizance of offences against the Law of God, and caused the offender to make amends for his transgression. At the Shiregemot, which, by the Law of Cnut, was held twice in the year, the Bishop of the shire and the Ealdor- man were both present, and they were directed " to expound (tcfican) as well the law of God as the secular law %" And in a subsequent law, which speaks of the award of damages or amends for wrong, the following rule is prescribed : " Always as a man is mightier or of greater degree, so ought he the more thoroughly to make 'bot' for injustice before God and before the world. And let divine ' bot ' be earnestly and constantly sought, according as the books prescribe, and let Secular ' bot ' be sought according to Secular Law ^" If by Secular "bot" (as is evident) is meant amends for trans- gression of Secular Laws; the term Divine "bot" cannot have any other meaning than amends for violation either of the Divine Law itself, or of the Laws of the State relative to Religion. Nor can the offences here spoken of, be any other than those, which in the ordinance of William the Con- queror, for the separation of the Ecclesiastical from the Secular jurisdiction, are described as " placita de legibus episcopalibus," and " causee quce ad regimen animarum per- tinent." It was not by the mere authority of the Church, or in compliance with any foreign influence, that the Ecclesiastical and Secular Laws of Cnut were promulgated, but by the King himself with the consent of his " witan ' ; " and it is among the Secular and not among the Ecclesiastical Laws of that monarch, that we find it enacted, that " if any one swear a " false oath on a relic and he be convicted, let him forfeit his " hands or half his wer, and let that be common both to the " lord and to the Bishop, and let him not thenceforth be " oath worthy, unless he the more thoroughly before God *' make ' bot ' and find him ' borh ' ' that he will ever after 5 p. 387. « p. 399. ' p. 359. « " Borh," security. XU ESSAY. " abstain from the like * ;" and it is among the same laws that we find it enacted, that in certain cases of murder, in the case of adultery, and incest, and failure of lad or purgation, the Bishop was to adjudge the bot or amends \ The general character of the Anglo-Saxon Legislation is thus indicative of the closest union between the Church and the State, between the Divine and the human Law ; one system of jurisprudence defined the Legal rights of the Clergy and of the Laity ; the submission of the Church to the authority of the State was as complete, as was the recog- nition made by the State of the Law of God, as a rule of life and conduct, the infraction of which the State would not by any means permit to be unpunished. With the reign of Cnut ends the period of genuine Anglo- Saxon Legislation. It is remarkable that we know the Laws of Edward the Confessor, or rather the Customs which are said to have existed in his time, from no other source than from what appears to be a return to an inquisition made by the Conqueror, in the fourth year after his acquirement of the Crown of England. The document containing the result of this inquiry is extant, under the title, " Leges Regis Edwardi Confessoris ^ ;" and, as we may conclude from the Preface, the inquiry was made in the same manner as that to which we owe the Domesday ; a jury of twelve men being impanelled, in each county, to declare the laws and customs of the kingdom. The earlier part of this compilation har- monizes in spirit with the Laws of preceding Kings, and shows how earnestly the State watched over the rights of the Clergy and the interests of religion ; it is, however, chiefly valuable to us, as enabling us to trace the course of events, which probably led to the separation of the Secular from the Ecclesiastical jurisdiction by the subsequent ordi- nance of the Conqueror. The following extract from the Laws of Edward the Con- » p. 399. ' p. 407. 2 p. 442. ESSAY. xiii fessor illustrates both the position which the Anglo-Saxon Bishops held, as members of the State, and probably also the process by which the Ecclesiastical and Secular jurisdic- tions were afterwards disunited : — " Si aliquis excommunicatus ad emendationem ad e])is- " copum venerit, absolutus eundo et redeundo pacem Dei " et sanctae Ecclesiae habeat. Quod si aliquis ei forisfecerit, " episcopus faciat suam justiciam. Et si pro justiciaepiscopi " emendare noluerit, ostendat regi, et rex constringat foris- " factorem ut emendet cui forisfecit, et episcopo et sibi ; et *' sic juste gladius gladium juvabit." " De justicia sanctce Ecclesice. " Ubicunque justicia regis vel alia quaelibet justicia cujus- " cunque tenuerit placita vel justiciam, si minister episcopi " fuerit et ostenderit causam sanctre Ecclesias, ipsa prius ad " finem deducatur, ad quem finem poterit racionabilius eo " die. Justum est etiam, ut Dominus ubique per servos suos " honoretur." " De libertate eorum qui de feudis Ecclesice tenuerint. " Quicunque de Ecclesia tenuerit vel in feudo Ecclesiee " manserit, aliubi extra curiam ecclesiasticam non placitabit, " si in aliquo forisfactum habuerit, donee quod absit, in " curia ecclesiastica de recto defecerit \" In order to a right understanding of the custom thus set forth, as existing in the Confessor's reign, it is necessary to bear in mind, not only that the Bishops of that age were possessors of numerous and extensive manors, but also that wherever they had upon those lands the privileges of " Saca ct soca, tol et theam, et infangenethef," the possession of those privileges, carried with it the right to hold a baronial or manorial courts By virtue of this privilege, as we read in » p. 443. * p. 461. XIV ESSAY. the Domesday survey % respecting the City of Canterbury, the Archbishop claimed " forisfacturam in vicis extra civi- tatem ex utraque parte ubi terra sua est." The Baronial rank of the Archbishop is also further evidenced by the re- turn of the number of " Milites Archiepiscopi/^ who held lands of the Archbishoprick. The mention, therefore, of a " Curia Ecclesiastica," in the passage above cited, does not imply the existence of Ecclesiastical Courts, properly so called, but rather of Baronial Courts belonging to the Bishops ; the truth of which statement is further confirmed by the right of holding pleas in such courts, being limited expressly to the tenants and inhabitants of the Episcopal lands ; and the effect of the declaration of the custom would be simply that of preserving the baronial rights of the Bishops, and confirming their manorial jurisdiction by the intervention, when necessary, of the King's courts. It may be doubted whether the placita, above alluded to as " causae sanctae Ecclesiae," the prior hearing and deter- mination of which in any court of justice was conceded as a mark of respect to religion, were causes of a purely reli- gious nature. But since the right of priority of hearing is mentioned in the Laws of H. 1.*', "Agantur primo debita vere Christianitatis jura — Secundo regis placita ;" and in the same Laws, there is the following remarkable notice of the intervention of the Secular authority, in aid of the enforce- ment of religious duty ', " Ubicunque recusabitur lex Dei " juste servari, secundum dictionem episcopi, cogi oportebit " per mundanam potestatem, necessaria siquidem justicia et " districtio secularis in divinis plerumque legibus et secu- " laribus institutis, quia plures aliter a suis pravitatibus revo- " cari neqvieunt, plures ad Dei cultum ac legalitatis obser- " vantiam inclinari nolunt ; unde pro multa maloi'um infes- " tatione, commoda pacis dispensatione provisum est, ut gra- " viora placita magisque punienda soli justiciae vel miseri- ' Vol. i. fol. 2. a. " 1'. 511. ' p. 522. ESSAY. XV " cordiae principis addicantur, ut venia petentibus et pcEna " peccantibus abundantius habeatur," I am inclined to the opinion, that the "Causae Ecclesite," mentioned in the Law of the Confessor, might occasionally be causes, as well those purely religious, as those of a mixed character relating to the tem- poralities of the Church. But however this may be deter- mined, the fact, that at the time of the Conquest the Bishops were possessed of Baronial Courts, would seem to have pre- pared the way for the following ordinance of the Conqueror, w^hich prohibited purely religious causes from being adjudged by the Court of the Hundred, and forbad lay judges to pre- side in causes which pertained " ad regimen animarum." " Propterea mando et regia auctoritate praecipio, ut nullus " episcopus vel archidiaconus de legibus episcopalibus am- " plius in hundret (see the law of Cnut above cited) placita " teneant, nee causam quge ad regimen animarum pertinet " ad judicium saecularium hominum adducant, sed quicumque *' secundum episcopales leges de quacumque causa vel culpa " interpellatus fuerit ad locum, quem ad hoc episcopus ele- " gerit vel nominaverit veniat, ibique de causa vel culpa " sua respondeat, et non secundum hundret, sed secundum " canones et episcopales leges rectum Deo et episcopo sue « faciat ^" The change thus made in the practice of the Courts amounted to no more than this, — the giving to the Bishops, already possessed of Baronial Courts, the right to decide causes of religion in Courts, where none but Ecclesiastics presided ; and if we bear in mind the religious character of the fundamental Laws of England in that age, it must be evi- dent, that these proceedings of the Conqueror did not intro- duce any new Jurisdiction, or make any real alteration in the Law. The tribunal was no longer of a mixed character ; the Laity were no longer united with the Clergy, but the Law, which was to be enforced, was the same as before. If Laymen had before pronounced judgment in the Court of the Hundred, " secundum Episcopales leges et secundum, s p. 495. XVI ESSAY. canones,"the Bishops were henceforth to pronounce the same judgments, in their own Courts, according to the same Law. Enough, perhaps, has been already adduced in proof of the assertion that the Anglo-Saxon laws had recognized an Ecclesiastical Law as a part of the Common Law, which derived its authority from the Crown and State of England without the intervention of any foreign influence or jurisdiction ; and were I to compress my argument within the smallest compass, it would be contained in the following proposition : — That the power of Citation which the Eccle- siastical Courts have ever possessed, and by virtue of which they caused persons to answer for various moral and religious offences, pertaining "ad regimen animarum," and which Citation was enforced against contumacious persons by the authority of the Crown, was not acquired by the Bishops, through the growing influence of the Court of Rome, or by the silent introduction of the Canon Law, but that having been in Anglo-Saxon times exercised by a mixed tribunal, it was, by the ordinance of the Conqueror, vested in the Bishops alone. I am anxious to press this point upon the attention of my readers; as proving that whatever connexion between England and Rome, was in after-ages established through the medium of appeals to the Court of Rome, the authority, which was exercised by the English Ecclesiastical Courts as exhibited in the present work, was an authority not intro- duced into this country from Rome, but one of as purely Enghsh origin, as the whole Common Law of England, proceeding from the great councils of the nation which voluntarily and freely admitted the law of religion, as a branch of the national jurisprudence, ages before the Roman Canon Law became known as a system, by means of the compilation of Gratian's Decretum, towards the close of the 12th century. It would be foreign to my present purpose, to notice the aggressions, which at subsequent periods were made by the Papal See upon the independence of the Eng- ESSAY. XVI I lish Church, notwithstanding the severe enactments which were from time to time made by Statute Law against these encroachments ; or to give a history of the political and legal condition of this country during the centuries prior to the Reformation, when the independence both of the English Crown and of the Anglican Church was often sacrificed by appeals to the Coiu't of Rome; I go on to observe, that throughout the whole course of English Legis- lation upon the subject of the Ecclesiastical jurisdiction, scarcely a single passage can be discovered, from which it can be fairly argued that the State was unfavourable to its exercise, when confined within its lawful sphere. I freely admit that the Churchmen of the twelfth and succeeding centuries had far too high notions of the nature of the Church, as being not only an Heavenly, but also a Worldly Kingdom, of which the Pope was Supreme Head ^ : nor is it surprising, that they willingly cherished an error so flattering to their spiritual pride, when even their Sovereigns, at such times as it suited their Temporal interests, were uilling to avail themselves of the authority of the Papal See, and the terrors of excommunication, to crush opposing factions. But, on the other hand, I am of opinion, that this conduct, whether pursued by Prelates or by Kings, was in violation of the in- dependence of the Anglican Church, and contrary to the dignity of the Imperial Crown of England ; and that, incon- sistent as was the conduct of Henry the Eighth, in first crouching at the feet of the Papal throne, and then declaring his independence of the very tribunal, from which he had 9 That Cliurchmen, pi-ior to the Reformation, should have held these opinions, is not surprising, when we find a learned Italian Canonist, Ferraris, in a book printed in 1782, thus describing the Papal power, and quoting in illustration of the statement the Decretum of Gratian and the Extravagantes of John XXII. and Boniface VIII. — " Deveniendo igitur ad Papje auctoritatem. Papa est quasi Deus in Terra, Uuicus Christi fidelium Princeps, Regum omnium Rex maximus, Plenitudiuem potestatis contineus, cui Terreni simul ac Cculestis imperii Gubernacula ab Omnipotente Deo credita sunt." — Feri-aris, Proiupta Bibliotheca, v. Papa, Art. ii. 18. This work was authorized by the Superiurs of the Franciscan Order in 1745. at XVlll ESSAY. sought justice ; he did but act in strictest accordance M'ith the principles of the ancient Law of England, when he declared, that the Church of England had always enacted er own laws ; and that all Legal jurisdiction \ Secular as [well as Ecclesiastical, emanated from the Crown. A part of the opposition made by Churchmen to the autho- rity of the Crown, in times subsequent to Becket's elevation of the see of Canterbury, undoubtedly owed its origin to the opinion, that the Church is a body, not only abstractedly and in idea, but also in truth and reality, separate from the State, of which the Bishop of Rome is the Sovereign Head, and that Churchmen are consequently exempt from any temporal jurisdiction exercised by Laymen. The process, by which the assumption of a Supreme and Spiritual power passes into the exercise of Temporal sovereignty, is one of the simplest kind ; it is exemplified by the whole history of the Court of Rome, and by the fact, that there is not a single kingdom in the world, which has ever recognized the spiritual powers of the Pope, A^^thout discovering, that the external affairs of the State, and even the temporal interests of the people, are at once subjected to his influence, as matters of which, in his high capacity as Christ's Vicar upon earth, charged with the care of all the flock, he has a right to take cognizance, and upon which, in their connexion with the preservation of the faith and the welfare of Holy Church, he is bound to give his counsel for the guidance of the faithful, even in questions which affect their allegiance to the person of the Sovereign. From the acknowledgment of the Pope as the Spiritual Head of the Church, Becket and his followers drew the con- clusion, not only that Spiritual men, but also that their Tem- poral possessions in lands, benefices, and tithes, were free from any other than a Spiritual controul. There was accord- * Tlie reader is requested to bear in mind the distinction between " Legal Jurisdiction" and " Spiritual Authority." The authority which the Ministers of Religion possess as Spiritual Pastors is of Divine origin ; but their Secular rights and authority are derived from human laws. ESSAY. XIX ingly a perpetual struggle to prevent the rights which the Laity possessed in advowsons, and the claims which they had upon real property in the hands of the Clergy, from being adjudged in the King's Courts. Such was the general nature of those disputes between the Clergy and Laity, which have been so frequently and erroneously described not merely as contests between the Church and State, but as oppositions between the Ecclesiastical and the Common Law. The Clergy claimed for their own persons an exemption from the Secular jurisdiction, and from Secular punishment ^ The well-known privilege of " Benefit of Clergy " is a proof that the Temporal Courts were not unwilling, to a certain extent, to recognize the claim ; and yet it is to be observed, that the denial of this privilege forms scarcely more than a single item in those complaints made by the Clergy in the reigns of Hen. IIL, Edw. L, and Edw. H. against the en- croachments of the Temporal Courts, which were embodied in Articles entitled " Gravamina Cleri." In those times it was not the State, which complained of the power of the Clergy, but it was the Clergy, who complained of the violation of their privileges, which they asserted to belong to them by the ancient laws of the kingdom, and to have had confirmed to them by all the Royal Charters. The contest between the Crown and the Clergy was rather Legal than Religious, neither was it the question whether the Roman or the Eng- lish Law should prevail, but whether the subject matter of a cause belonged to the Temporal or Spiritual Court. The union, in the persons of the Bishops, of Baronial privileges and Spiritual authority, the mixed nature of the property of Ecclesiastics, many of whom held by birth or by purchase 2 If the passage in the Laws of Henry the First — " De illis qui ad sacros " ordines pertinent, et eis qui sacris ordinibus promoti sunt, coram prselatis suis "est agendum de omnibus inculpacionibus maximis vel minoribus," be, as some have considered, a proof of the antiquity of this claim of exemption from secular jurisdiction, the conduct of Becket in resisting the Constitutions of Clarendon, may appear to have been better founded upon legal principles, tlian is generally supposed. See A. L. p. 555 and the note. b2 XX ESSAY. lay fees, together with Ecclesiastical revenues, the circum- stance of the same layman holding: lands by different tenures, one part of his estates being held of the Church, whilst another part was held either of the King, in capite, or of some Lord by customary tenure or other service ; such mixed natures of rights and of property could not exist without frequent perplexity, leading to acts of apparent injustice, and causing frequent litigation. When the Clergy demanded freedom of action in matters purely religious, compliance with their requests does not seem to have been denied ; but when the temporal rights of the Crown and of the Laity were in question, no other concessions were made by the State, than were consistent with the preservation of those rights, and the authority of the Temporal Courts over all pro- perty not justly held in Mortmain. It may be remarked, that these contests between the Church and the Crown occupy that period in the history of the English Law, during which that Law was, as it were, hewn out from the rock, and in which it received its definite shape and proportion. If the Church was contending for her liberties, the Barons were also contending for their feudal privileges, and both the Clergy and the Barons were frequently united against the Crown. The final establishment of the paramount authority of the Crown in this country, over both the Barons and the Prelates, put an end to contention, and with the recogni- tion of a well-defined law peace came in, and harmony was established among all orders of men. There is a general tendency amongst the writers of the legal history of this country, to represent the Church and State as distinct bodies engaged in a perpetual warfare with each other. The Constitutions of Clarendon of Henry II.; the Statute of Circumspecte Agatis of Edward I. ; and the Articuli Cleri of Edward II., are mentioned as curbs placed upon the growing insolence of the Clergy, and evidences that the Temporal and Ecclesiastical Courts of this country are based as it were upon antagonist principles. It requires. ESSAY. Xxi however, nothing more than a cahn perusal of those Enact- ments to discover, that nothing was farther from the intention of those Monarchs, than the destruction of the authority of the Church ; and that, whilst they desired to preserve the Rights of the Crown, and the due subjection of the persons and pro- perty of the Clergy to the Law of the kingdom, the Statutes which they enacted rather confirmed, than weakened, the authority of the Ecclesiastical Law, when exercised within its proper sphere. Able, as we now are, to form a calm judgment upon the legal effect of those proceedings, it is not beside the truth to say, that we may now regard those Statutes, as declarations of the nature of the English Ecclesiastical Law, and evidences of the powers, which by the Com- mon Law of England properly belonged to the Ecclesiastical Courts. It may be true, that by the Constitutions of Clarendon, Henry IL "checked the power of the Pope and of the Clergy, and greatly narrowed the total exemption which they claimed from the Secular jurisdiction ^ ;" but this is not all the in- formation which is to be derived from that interesting docu- ment. The chief object of the Constitutions was doubtless that of asserting the jurisdiction of the King's Courts in all causes relating to advowsons, and over such of the Clergy as were guilty of crimes, for which the subjects of the King were amenable to the temporal power ; and the power of the Pope was indirectly restrained by the clause, which regulated the course of appeals in the Ecclesiastical Courts, and after appeal made from the Archbishop to the King, and the review of the cause by the Royal precept in the Archbishop's Court, forbad further proceeding being had without the Royal assent. But this object was accomplished not by destroying the Ecclesiastical jurisdiction over the King's subjects, but by regulating the exercise of it, so that, accord- ing to the different nature of the cause, judgment should be given in the one Court or the other. There is not the slightest ■' Bkickstone, vol. iv. p. 422. XXll ESSAY. intimation in any one of the Constitutions of Clarendon of any intention to disturb the lawful exercise of the judicial authority of the Prelates, or of any hostility, if we may so terra it, exist- ing between the two jurisdictions ; on the contrary, in the 13th Constitution, the King and the Prelates are combined to maintain each other's rights to forfeitures ; and in the 6th Constitution the power of the Spiritual Court over the Laity was more than confirmed by the clause which legalized pre- sentments, and gave the Bishop power, in cases where he was unable to procure the accusation of a guilty person, through fear or favour, to summon a Jury of twelve of the neighbour- hood, to declare, upon oath, their knowledge of the fact. If the unconstitutional claim of the Clergy to be exempted, even when criminally indicted, from the jurisdiction of the Crown, was checked by Henry II., it is not less evident that the purely Ecclesiastical discipline, for the authority of which under the Common Law of England I am contending, was recognized by that Monarch, as a part of the ancient customs of the realm. The only instances which I have discovered of a direct interference on the part of the Sovereign to interrupt the exercise of Ecclesiastical Discipline, are to be met with in the reign of Henry III. ; and they are the more remarkable from this circumstance, that whilst the King in the exercise of his prerogative thought fit to restrain a particular Prelate from correcting the vices of the Laity, he left him full power to exercise his jurisdiction in Matrimonial and Testamentary Causes. It appears from Matthew Paris' history of the year 1246, that Hugo Grostete, Bishop of Lincoln, at the instiga- tion of the Dominicans and Franciscans, had exercised a most severe inquisition, by his archdeacons and deans, upon the vices and immoralities of all orders of men, high and low, to the great injury of the good fame of many, and which had not before been accustomed. Grievous complaints were made of his conduct to the King, who issued a writ to the sheriff of the county of Hertford, enjoining him to prohibit ESSAY. XXI II any of the Laity from appearing before the Bishop or his officials, except in Matrimonial and Testamentary Causes. The same historian also mentions in the following year Statutes * enacted to the same effect ; in which notice occurs of the title " Indicavit," being that, by which the Writ of Pro- hibition was known. These proceedings, together with many others of a similar nature, drew forth from the Clergy a full volume of complaints, " Gravamina Cleri," digested under fifty heads, which they intended to bring before the King in Parliament. Matthew Paris has recorded the document in the " Additamenta" to page 951, under the title of " Articuli pro quibus Episcopi Angliae fuerant pugnaturi \" He has added another document, apparently prepared by the Bishops for the King's sanction, in order to the redress of their griev- ances, which they asserted to be in direct violation of the "Chartae communiumLibertatum," which had been conferred and granted by the King. I have thought it necessary to direct the reader's attention to these proceedings in the reign of Henry III., not only because they are proofs that there was an ecclesiastical jurisdiction, — that in Matrimonial and Testamentary Causes, which under no circumstances what- ever did that monarch venture to interrupt ; but because they confirm the account which I have given of the legal nature of those disputes betw^een the Temporal and Ecclesiastical Courts, which continued through the earlier part of the succeeding reign, and which it was the object of subsequent statutes to allay. When it is said of Edward I., who is styled the English Justinian, that "he gave a mortal wound to the " encroachments of the Pope and his Clergy, by limiting " and establishing the bounds of Ecclesiastical jurisdiction, " and by obliging the Ordinary, to whom all the goods of * I find no trace of the Statutes thus mentioned in the " Statutes of the Realm." 5 See also the proceedings of the Pi-ovincial Council of Canterbury, a.d. 1257. Wilkins' Concilia, vol. i. p. 72:i. XXIV ESSAY. " intestates at that time belonged, to discharge the debts of " the deceased "," great as is the authority from whence these dicta have proceeded, I humbly beg leave to express my dis- sent from statements, which are commonly considered as representing the legislation of Edward I. to be hostile to the Ecclesiastical jurisdiction. I may be in error as to the fact, but I have as yet been unable to discover any proof whatever, that the goods of persons dying intestate belonged to the Ordinary. That the disposition of them belonged to him, we know both from the very Statute (that of Westminster, 13 Edw. I.) above referred to ; from the clause of Magna Charta, " Si aliquis " liber homo intestatus decesserit, bona sua per manum proxi- " morum parentum suorum et amicorum et per visum ecclesiai " distribuantur;" and also from the Constitution of Archbishop Boniface, which twenty-tive years previous to the passing of that Statute had inflicted Ecclesiastical censures upon theLords of Manors, for hindering the payment of the debts of such of their tenants as died intestate, and for preventing distribution being made by the Ordinary of a part of the effects for the benefit of the deceased. But that the goods of intestate per- sons were at that time so possessed by the Ordinary, as to be a kind of Ecclesiastical revenue, does not appear. If, again, we carefully examine the Statute " Circumspecte Agatis," it is evident from the very terms of it, that no descrip- tion of it is more imperfect than that which (with all due . deference to so great an authority as Lord Hale) has been given of it, " as declaring the limits and bounds of the Ecclesiastical jurisdiction." It is indeed a most valuable record, even at the present day, of the power of the Eccle- siastical Courts ; but if any power was limited by it, it was that of the Temporal and not of the Spiritual Courts ; nearly every clause of the Statute being protective (as the title " Circumspecte Agatis" addressed to the King's Judges implies) of the jurisdiction of the Bishop, and declaring the cases, in which a Prohibition does 7iot lie. ^ Blaekstoiie, vol. iv. \\. 425. ESSAY. XXV There is, also, one remarkable passage in the legislation of Edward I. to which (especially since he is styled our English Justinian) I cannot forbear to allude, and which proves in the clearest manner, how unfounded is the notion, that he entertained so much as the idea of foregoing, in any respect, the use, if I may so speak, of the Ecclesiastical law in his system of jurisprudence. As the Conqueror of Wales and the Legislator of the Principality, this Monarch published a code of laws to be observed in that country under the title " Statuta Walliae." It was, we may imagine, competent to him in the plenitude of his power to have dispensed altogether with the Ecclesiastical jurisdiction; and yet when he intro- duced, as a new custom, into Wales the right of the wife to dower, he specially provided, that in case question should arise upon the lawfulness of the matrimony, the Bishop (as in the English Courts) should be called upon to try the question, and certify the King's Judges of the fact. In a similar manner in trials upon Writs of Mortdancestor in Wales, if the Deforciant pleaded the illegitimacy of the Demandant, the Bishop of the place was to make inquiry, and judgment was to be given " by the Bishop's testimony, whose testimony (it is added) shall not be gainsayed." I may notice one more instance in the reign of Edward I. corrobo- rative of the opinion, that that Sovereign rather protected, than restrained the authority of the Ecclesiastical Courts. It is to be met with in the concluding clause of the Statute of Joint Tenants (34 Edw. I.), which restrained the granting of a Writ of Indicavit, or Prohibition before the admission of the libel and contestation of the suit in the Ecclesiastical Court. The observation above made respecting the Statute " Cir- cumspecte Agatis," that it protected, rather than limited, the exercise of the Ecclesiastical jurisdiction, is not less appli- cable to the Statute of 9 Edw. II., entitled " Articuli Cleri," which consists of sixteen cases put on the part of the Bishops, to each of which a sj)ecific answer is given ; the answer in no XXVI ESSAY. less than fourteen of those cases being confirmatory of the privileges of the Church, and formal renunciations on the part of the Crown of the improper exercise of Prohibition in the Temporal Courts. It was only when the Ecclesiastical Courts transgressed the proper limits of their jurisdiction, and took cognizance of Common Law Pleas pertaining to the Crown, and which were " not of Testament or Matrimony," that the Crown interfered (as in the case of the Statute of Edw. IL, entitled " Prohibitio Formata de Statuto Articuli Cleri") to restrain the Ecclesiastical Courts '. The concluding words of the " Articuli Cleri," are well worthy attention. In expressing " his desire to provide for the State of Holy Church of England, and for the tranquillity and quiet of the Prelates and Clergy," "the King willed and granted that the Prelates should use, execute, and practise for ever the jurisdiction of the Church in the premises, after the tenor of the answers aforesaid, without quarrel, inquieting, or vexa- tion of us or of our heirs, or of any of our officers whatsoever they be." I feel persuaded, that no unbiassed person can go through the perusal of the " Statutes of the Realm," from the earliest period even to the reign of Henry VIII., without coming to the conclusion, that the Ecclesiastical jurisdiction was fully recognized by the State, as a branch of the Common Law of the kingdom. I have been unable to discover in them the least trace of any opinion expressed, that the Authority of the Church was derived from any Foreign source, or that her rights were the result of concessions to the influence of Rome, rather than privileges pertaining to her by the ancient Constitution of England. I can find no other restraining Statutes (besides those relating to lands held in Mortmain), except those which forbad suitors in Temporal Courts to be cited for defamation (1 Edw. III.), which restrained excessive fees for Probates of Testaments (31 Edw. III. and 2 Hen. ' Compart- also 2 Hen. V. 1. 3. ESSAY. XXVll V. 2), and which prevented timber from being tithed as " sylva caidua" (45 Edw. III.). But there are, on the other hand, both Statutes which protected the exercise of the Ecclesiastical jurisdiction, as well as Statutes which enlarged its power over the person. In the former class may be placed, — that of 15 Edw. III. ], which recog- nized thejurisdiction over usurers, and gave the Ecclesiastical judges the privilege of an injunction from the Chancery to the Temporal Judges, if thej^ unduly interfered; — those of 25 Edw. III. and 9 Hen. VI. c. 11, which recognized the right of trial of Bigamy and Bastardy in the Spiritual Court, — that of 50 Edw. III., which permitted the Judges in the Ecclesiastical Court to proceed, after Consultation granted, notwithstanding Prohibition, if the cause were identically the same ; and that of 1 Rich. II. against those who maliciously indicted persons at Common Law, who had sued them for tithes and other matters in the Spiritual Court. In the latter class may be placed the Statutes of 5 Rich. II. c. 2, 2 Hen. IV. c. 15, 2 Hen. V. 1 ; which, whilst they declared that judgment of Heresy belonged to the Spiritual Court, strengthened its power by permitting Heretics to be impri- soned, in order to compel them to answer; and that of 1 Hen. VII., which added a punishment, unknown before to the Ecclesiastical Law^ ; that of imprisoning clerks, con- victed of offences in the Bishop's Courts. As to the various Statutes against obtaining Citations and Provisions of benefices, &c. from Rome, wdthout the King's license, — against the holding of benefices by aliens, — against the payment of increased annates, — and even the Statute of Praemunire itself, they are the very documents to which we may appeal for proofs, not only that the Sovereign power of England is free from subjection to Rome, but also that the Anglican Church was, in the earliest ages of our Legislation, not only a National, but also a free and independent Church. Having thus reviewed the Ecclesiastical jurisdiction in connexion with the Statute law prior to the Reformation, I XXVlll ESSAY. might pass on to the consideration of the changes made in its exercise by the formal assumption of the supremacy under the reign of Henry VIII. It is, however, convenient to pause awhile, for the purpose of introducing a few observa- tions upon the Constitution of the Ecclesiastical Courts, the Persons who there presided, and the Extent of the Practice in them. The existence of a body of laws termed " Canones et Leges Episcopales," has been traced to a period antecedent to the Conquest, and prior to the invasion of the liberty of the Anglican Church, by the pretensions of the Papal See. So long as the Placita, whether Ecclesiastical or Secular, were held in the Court of the Hundred, it is most probable that the course of Legal proceeding was similar, whatever was the nature of the suit. When, however, we attempt to discover by what steps, and from what period, the course of the proceedings in these Courts became assimilated to the practice of the Canon and Civil Law, we have to lament that the subject is involved in obscurity. The change must in fairness be ascribed to the influence of foreign intercourse. The carrying appeals to Rome, (a practice restrained, though not wholly forbidden, in the Council of Clarendon,) would almost require, that the previous proceedings should be according to the forms of the Roman Courts, so that public convenience might combine with the secret wishes of the Episcopal Order to produce harmony and union between the practice of the English Courts and those of the Papal See. There is, however, no reason to believe, that the forms of jus- tice which prevailed in the Court Christian were regarded with jealousy ; and the fact, that the forms of the Court of Chan- cery and of other Temporal Courts in this kingdom, are after the model of the Civil Law, shoM^s that our ancestors were in no case unwilling to supply the defects in the forms of our own Common Law by a recourse to foreign principles, whenever the necessities of justice rendered it expedient to call in such aid. ESSAY. XXIX The Ecclesiastical Courts in this country, from the time of their separation from the Court of the Hundred in the reign of the Conqueror, have been essentially Episcopal, the authority there exercised being that which is vested in the Bishop, as the Judex Ordinarius of the Diocese. I am obliged to borrow from Van Espen, (P. III. Tit. v. c. 1. De Judicibus Eccle- siasticis,) an account of the principle of Delegation which gave to the Ecclesiastical Courts the machinery, by which their authority has been exercised in the Western Church. His account of the matter is, that as in the earliest ages the Episcopal power increased by the more frequent reference made to their judgment, the Bishops, finding themselves overwhelmed by the labour, first committed their authority to some Presbyter or to their Archdeacons, Custom, he adds, seems rapidly to have converted the delegated authority of the Archdeacons into an independent jurisdiction belong- ing of right to their office ; upon which the Bishops, being jealous of this increase of the archidiaconal power, and finding themselves unable wholly to resume, or to exercise in their own persons the authority, which had been delegated to the Archdeacons, for the recovery of their jurisdiction, appointed their own Vicars or Officials to act as judges in their place by a Delegated authority. The existence of such Vicars- General and Officials is traced by this learned Canonist to the twelfth century. The progress of Delegation did not, however, stop here ; for the inferior Prelates, the Abbots and Archdeacons, in their turn assumed a similar right of Delegation, and ap- pointed their own Officials and other Officers to exercise jurisdiction in their name and place. The course of pro- ceeding appears, however, to have varied according to local circumstances, and to have followed no fixed principle ; and hence we may account for the remarkable differences which have existed in this country in the constitution of the Eccle- siastical Courts in the respective Dioceses ; the jurisdiction in Contentious causes being in some cases wholly reserved to the Consistory of the Bishop, whereas in other Dioceses, the XXX ESSAY. Archdeacons, Abbots, Deans, and Prebendaries possessed an authority inferior to that of the Diocesan, only in respect of acts specially pertaining to the Episcopal office. In five of the twenty-six dioceses of England and Wales each of which has its Consistory Court, the Bishops have also their Commissary Courts ; but in only thirteen dioceses are the Archdeacons found to possess a Court with jurisdic- tion ; the number of Decanal, • Capitular, and other Courts subordinate, in a certain degree, to the Episcopal jurisdic- tion, is stated to be ninety-seven ; there being also nearly one hundred smaller Courts w^holly exempt from Episcopal authority, concerning the far greater number of which it is very doubtful, whether any trace at all remains of the original Delegation to them of the Ordinary jurisdiction. Of late years the inconvenience and inconsistency of this subdivi- sion of Ecclesiastical authority has attracted the attention of the Legislature : but we must not imagine that in ancient times any evil ensued, or that discipline was thereby im- peded ; on the contrary, it would appear, that by the sub- division of the Ecclesiastical jurisdiction greater facilities were afforded for its exercise, and that however in later times the multiplicity of jurisdictions has proved practically incon- venient in respect of the granting probates of wills and admi- nistrations of estates, the case was quite the reverse, when men lived and died in the place or county in which they were born, and when they accounted it a privilege to have a peculiar jurisdiction at hand to which they could have resort, to give legal authority to testamentary papers, and to secure the due fulfilment of the deceased's will. The small extent of any Peculiar jurisdiction does not appear, if we might judge from a single instance which has come under my notice, to have caused the authority to be less vigorously exercised. The archives of St. Paul's Cathedral contain several documents, from which it appears that the Peculiar Court of the Dean and Chapter in the parish of Pelham, in the county of Hertford, was frequently held between 1297 and ESSAY. XXXI 1403, at which persons were proceeded against before the Official for immoral conduct, and excommunicated. As an exemplification of the Judicial character of the ancient office of Archdeacon, it may be noticed, that such of the abbies as possessed an extensive Ordinary jurisdiction, exercised it by means of an Archdeacon. At Glastonbury, at Croyland, and at Westminster, there were Archdeacons. The Abbey of St. Alban's possessed a jurisdiction exempt from the Bishop, ex- ercised by an Archdeacon appointed by the Abbot, which ex- tended over twenty-six parishes of the counties of Herts and Bucks. The Register of Wills, still extant, from the year 1408, and the Act Books of that Court, commencing in 1515, abundantly prove that the Testamentary, Civil, and Criminal jurisdiction of that small number of parishes, was ex- tensive enough to give employment to a separate court, over which in later years a learned Doctor of Canon Law presided as the Archdeacon's Official, assisted by the Registrar, and attended by an adequate number of resident Proctors. The number of wills proved between 1412 and 1439 may be roughly estimated at three hundred and eighty * ; and those between 1505 and 1536, at nearly seven hundred. Between the years 1515 and 1541, there were, at least, three hundred and fifty causes relative to marriage, tithes, defamation, ike. before the court, which held in the latter year no less than twenty-one sittings. It may be sufficient, as another proof of the quantity of business sped in these inferior Courts, to mention, that the Court of the Archdeacon of Colchester, held in the year 1636 forty-two Sessions at four different towns within the Archdeaconry. The existence of so many Ecclesiastical Courts, all of which owe their origin to centuries preceding the Reformation, im- plies the general prevalence of the Ecclesiastical Law through- out the kingdom ; and the Biography of the Prelates of our * In the Court of the Archdeacon of London between 1395 .and 1417. in twenty-two years, nearly 4000 wills passed under Probate and are recorded in the Register. XXXll ESSAY. Church as it is exhibited in Bishop Godwin's " Commenta- rius de Praesulibus Angliee," affords abundant evidence that the practitioners in it found in the knowledge of that system of jurisprudence, a source of w^ealth as well as a path to honour. The theological learning of the middle ages, as well as the universal dominion of the Papal See, is so interwoven with the Canon Law, that, in those ages, the learned Canonist and the learned Theologian were almost convertible terms. Becket was a Doctor in Canon Law, and Archdeacon of Canterbury, before he was made Chancellor of England, and subsequently advanced in 1162 to the See of Canterbury. Archbishop Peckham held the office of Auditor Causarum in the Court of Rome at the time of his election to the See of Canterbury, having studied the Civil and Canon Law in 1268 at Lyons. It was the proficiency of Archbishop Strat- ford in the practice of the Canon Law, and his conduct as Dean of the Arches, which recommended him to the notice of Edward II., and induced that monarch first to make him his secretary, and then to procure for him, by Papal Provision, the appointment to the Archbishopric in 1333. Simon of Sud- bury, who was consecrated Archbishop in 1375, was, in early life, one of the Judges of the Rota in the Court of Rome. Archbishop Courtney, his successor in 1381, is related to have been a most diligent student in the Canon Law. Arch- bishop Chicheley, who was consecrated in 1414, was a Doctor in both Canon and Civil Law ; and his zeal for the study of these Laws is manifested by the tenor of his foundation of All Souls' College, Oxford, the Fellows of which were divided into two classes. Jurists and Ai'tists. Archbishop Stafford, who succeeded in 1443, had been appointed by his pre- decessor, Chicheley, Dean of the Court of Arches ; and Archbishop Morton, who was consecrated in 1486, had practised as an Advocate in the same Court. The same course of life had also been pursued by Archbishop Warham, who was translated from the See of London to that of Can- terbury in 1504. Numerous other prelates might be men- ESSAY. XXXlll tioned, as well as divines^ of inferior rank, whose history illustrates this union of the study of law with that of the- ology. It is but an act of justice to add to our list the names of John de Athon and of William Lindwood, our two famous English Canonists : the former of whom was a Canon in the Cathedral of Lincoln ; the latter, first Dean of the Arches, and afterwards Bishop of St. David's in 1442. Prior to the Reformation, few persons (if we take the See of Canterbury as an example of the rest of the kingdom) were elevated to the highest stations in the Church, but such as had acquired reputation in one of two different kinds of life, either in the retirement of the Cloister, or in the busy practice of the Ecclesiastical Courts ; I do not mean to underrate the theological attainments of those Prelates, or to insinuate that the men of that age, who acquired influence in the Monastery, or reputation as the Ecclesiastical Advocate or Judge, were not thoroughly versed in the Roman Catholic system of Theology. It must however be obvious, that whether it were the Monk or the Canonist, who was advanced to the Episcopal Order, they would be equally, though on different grounds, disposed, by the habits of their previous life, to maintain the Supreme authority of the Papal See, and to regard the successor of St. Peter as the Defender of all Rehgion, and the Source of all Law. It is not improbable, that Archbishop Cranmer might have been destitute of that freedom of thought, which he was called upon to exercise, had his earlier course more nearly resembled that of his pre- decessors. The discipline of the Monastic rule of life might have framed his mind to the habit of uninquiring submission to authority; and self-interest, or the fear of the consequences of change, might have prevented his asserting the Legal Supremacy of the Crown against the Supremacy of the Pope, had he been, as was usual with Ecclesiastics of that period, what we should now call in ordinary language, a lawyer by profession. Cranmer is indeed known to us not as a Canonist, but as a Divine : it is evident, however, that he c XXXIV ESSAY. was not unacquainted with the Canon Law ; and it is not foreign to the subject to remark, that he owed his advance- ment, to the legal opinions which he had expressed respect- ing the validity of the marriage of Henry VIII. with the wife of his deceased brother, and to the circumstance of his having been one of the agents appointed to conduct the pro- ceedings instituted by the King himself in the Pope's Eccle- siastical Court, for annulling the marriage between himself and Queen Catherine. During his residence at Rome, and whilst employed in suing on behalf" of his Sovereign at the feet of the Roman Pontiff, he most probably discovered that the Canon Law was the chain, which bound the Crown of England in captivity to Rome, and that unless that tie were forcibly broken asunder, neither the Realm of England could be delivered from Foreign thraldom, nor Religion itself set free. I now proceed to notice the changes which were made, as may be supposed, under the advice of Archbishop Cran- mer, in the administration of the Ecclesiastical Law of our country, as the consequence of, and in connexion with, the assertion of the King's Supremacy. I must first observe, it was the Papal Canon Law, and not the Anglican Canon Law, (if I might be allowed so to term the Ecclesiastical part of our Common Law,) which that Prelate desired to destroy. And if we would learn by what means he accomplished this object, we must refer to the proceedings of the Royal Commis- sioners for the Visitation of the Universities', which took place in 1535, within two years from the time of his consecration. By their authority various lectures on Divinity, Philosophy, Greek and Latin, were established in the different Colleges. And in the place of the Canon Law lecture, a Civil lecture was read in every college, hall, and inn. That these pro- ceedings gave a deathblow to the regular study of the Canon Law, is evident from the fact, that from that time Degrees * Strype, Memorials, i. cap. 2f>. ESSAY. XXXV ceased to be taken in Canon Law, as a separate faculty. Not more than seven or eight persons, after that period, graduated at Oxford in Canon Law, and that under the de- scription of Doctors Utriusque Juris. The circumstance that there " occurred not a third or fourth part of Bachelors of the Canon or Civil Law (especially the former) as before ;" is noticed by Anthony Wood, in his Fasti Oxonienses, a.d. 1536, and he ascribes it to the dissolution of the religious houses. The real cause, however, must have been the open discouragement, by the King's visitors, of the study of the Canon Law, and the fear which must have prevailed in the minds of the students, lest they should be suspected of deny- ing the King's Supremacy, whilst they studied a system of jurisprudence, the fundamental principle of which was the Universal Supremacy of the Papal See. The Civil Law was still a branch of study ; and the practice of the Eccle- siastical Courts was soon transferred into the hands of the civilians ^ The Canon or Pontifical Law thus ceased to be studied ; not without injury to the study, perhaps, of that most valuable depository of the principles of equity and justice, — the Civil or Roman Law. But though authority thus interfered to prohibit the study of the Canon Law, the Ecclesiastical Laws of England and the jurisdiction of the Ecclesiastical Courts were wholly unimpaired. Had it been otherwise, the Reformation in England would have been not merely a Religious Reforma- tion, but a Political Revolution. In the Act of Parliament (24 H. VIIL c. 12.) for restraint of Appeals to Rome, the whole " Body Politick" which was subject to the Crown, is de- clared to consist of" the Spiritualitie" and "the Temporalitie," that part of the said Body Politic called the Spiritualitie, now being usually called the English Church, having power when any cause of the Law divine happened to come in question, or of spiritual learning," " without the intermeddhng of any 9 Vide Act of Parliament, 3? H. Vlll. c. 17- c3 XXXVl ESSAY. exterior person or persons, to declare and determine all such duties, and to administer all such offices and duties as to their rooms spiritual doth appertain." Whilst " the Law Temporal for trial of propriety of lands and goods, and for the conservation of the people of this realm in unitie and peace without ravyn or spoill, was, and yet is administered, adjudged, and executed, by sundrie judges and administers of the other part of the said Body Politike called the Temporalitie, and both their auctorities and jurisdictions do conjoin together in the due administration of justice, one to help the other." The laws, also, which in the same Act are declared to have been enacted in the reigns of former kings to protect the royal prerogatives, liberties, and preheminences from the invasions of the See of Rome, were designed in the express words of this Act, " for the conservation of the jurisdic- tions spiritual and temporal" of the realm against annoy- ance from the same quarter. The two jurisdictions, it may by the way be remarked, are here described as deriving their laws from distinct sources, and as aiming at distinct objects ; the spiritual jurisdiction being based upon the law divine, and having for its object the performance of moral duty, and the promulgation of Divine truth ; whilst the temporal juris- diction guarded the possession of property, and maintained the public peace. It would almost seem as if the writer of the preamble just quoted, had been recently reading the Anglo-Saxon laws which I have before quoted, so exactly does his account of the specific objects of the two jurisdictions, and of the authority of the Divine Law, as a rule of justice, agree with the maxims of those laws. The Reformation, if under that general term we may in- clude the whole series of events by which this country was freed from the authority of the Bishop of Rome, was in its commencement nothing more than a legal and political Reformation; a renunciation of the intrusive power of the Pope over the King's subjects, and an assertion of the com- petency of the Anglican Church to decide by her own tribu- ESSAY. XXXVll nals all questions relative to the Divine Law, and to spiritual learning. A Reformation in religion soon followed, but it was as a providential and not a necessary consequence. Had it been possible for the See of Rome to have renounced its pretensions to universal dominion, and at once upon Cran- mer's accession to the Archiepiscopate to have acknowledged the independence of the Anglican Church, and the conse- quent validity of his sentence of divorce between Henry VIII. and Queen Catherine ; at the same time accepting the proposals to come to a composition with the Crown upon the payment of Annates and first-fruits, (as suggested in 23 H. VIII. c. 20, and referred to in the subsequent Act 25 H. VIII. c. 20,) and thus to have converted the temporal authority of the See of Rome into a purely spiritual superiority, it is not improbable, that the condition of the Anglican and of the Gallican Church might have resembled each other, and that in both countries the whole power of the State might have been alike employed to stop the progress of a Reformation in Religion. The rejection by the Crown of England of the Papal dominion, was not followed by any legal disorder. The Act of 24 H. VIII. c. 12, which forbade appeals to Rome, provided in its room an appeal to the Archbishops in per- son; but in the following year, by the 25 H.VIII. c. 19, an appeal to the King's Majestic in the Kinge's Court of Chan- cery was substituted for the appeal to the Archbishop in person. The power of dispensation which had been before exercised by the Pope, was in like manner, and at the same time, vested in the Archbishop of Canterbury. Of all the proceedings in the legal Reformation of the Church, consequent upon the assumption of the Supre- macy by Henry VIII., that which by the extension of the royal prerogative effected the greatest alteration in the constitution, was produced by the Act of 26 H. VIII. c. 1, which gave to the King and his successors an authority co- ordinate with that of the Ecclesiastical Courts, and empowered XXXVlll ESSAY. him " from time to time to visit, repress, redress, reform, order, correct, restrain, and amend all such errors, heresies, abuses, offences, contempts, and enormities, whatsoever they be, which, by any manner, spiritual authority, or jurisdiction, ought or may lawfully be reformed, &c., any usage, custom, foreign law, foreign authority, prescription, or any other thing or things to the contrary notwithstanding." By vir- tue of the authority thus granted to the Crown for the exercise of Ecclesiastical jurisdiction, the King delegated Cromwell to act as his Vicar-General ' throughout the king- dom. That part of Cromwell's proceedings which respected the visitation of the Monasteries is most known to us ; the authority, however, by which he acted, was like that of any Vicar-General or Official, a purely Ecclesiastical authority ; the Ecclesiastical jurisdiction over the whole kingdom not being absorbed, but rather actively exercised by him as the Delegate of the Crown, which had been constituted the chief Ecclesiastical judge; and all the Bishops during the Royal visitation being inhibited the exercise of their jurisdiction, in the same manner as Bishops and Archdeacons are now inhibited during the time of an Archiepiscopal or Episcopal visitation. These proceedings not only clearly prove, that the Ecclesi- astical jurisdiction was not destroyed by the assumption of the Supremacy, but they go far to establish the position, that the Ecclesiastical jurisdiction is in itself a part of the English Common law, since at the very period in our history in which the authority of all Foreign law (and especially of the Papal Canon Law) was publicly renounced, the Crown itself is found enforcing a system of Ecclesiastical jurisprudence, which is expressly declared to be uncontrolled by any Foreign law or Foreign authority. The royal Eccle- siastical visitation of King Henry VIII. exercised its chief power in the visitation of Monasteries : there is reason, how- * Cromwell, as Vicegerent, took precedence of the Archbishop. 31 H. VIII.c. 10. ESSAY. XXXix ever, to believe, that pending the visitation, the usual Eccle- siastical business of the Local Courts proceeded without interruption ; the Officials making no other change than that of adding to their names, as was the case in the Archidiaconal Court of St. Alban's, the words " Regia auctoritate sufFuU tus." Other facts might be adduced, to show that the rejec- tion of the Papal authority did not impair in the slightest degree the exercise of Ecclesiastical jurisdiction. One circum- stance may, however, be adduced in corroboration of the state- ment ; namely, the Act of 32 H. VIII. c. 7, which conferred upon Laymen the right to sue in the Ecclesiastical Courts for the payment of tithes granted to them upon the dissolution of Monasteries, and which enacted, that they, who were guilty of substraction of such tithes, should be punished by Eccle- siastical censures. As it is evident from the foregoing observations that the Reformation rather established than diminished the legal authority of the Ecclesiastical jurisdiction in England, so also it may be made to appear, that as little injury was done to the Ecclesiastical Law. Much stress has been laid upon the enactments of three Acts of Parliament, 25 H. VIII. c. 19; 27 H. VIII. c. 15; 35 H. VIII. c. 16, which authorized the King to appoint thirty-two Commissioners to examine and reform the Canon Law ; and which enacted, that such ordi- nances as should be made by the King and the thirty-two Commissioners, should be reputed and used for the King's Laws Ecclesiastical of this realm : as if the repudiation of the Papal Canon Law had left a void in the legal code, which it became necessary to supply. If, however, we attentively examine the terms of those Acts of Parliament, it will appear that the primary object contemplated in the appointment of that Commission, was the examination of the Ecclesiastical Laws which were then in existence, for the distinct purpose of abrogating such parts of them, as were found to be " prejudicial to the King's prerogative royal, or repugnant to the laws and statutes of the realm, or over much onerous xl ESSAY. to his Highness and his subjects, whilst all such parts of them as should be approved, were, with the King's consent, to stand with their full strength and power." These Acts distinctly point out what were the laws which the Commissioners were to examine and expurgate ; namely, diverse Constitutions, Ordinances, and Canons, Provincial or Synodal, which had been enacted; such as the Clergy as- sembled in Convocation had the power to enact, but which in the Act of Submission, 25 H. VIII. c. 9, as recited in the 29 H. VIII. c. 15, the clergy promised " in verbo sacerdotii" they would never henceforth exact without the King's assent first obtained. The Code of laws thus referred to can be none other, than the well-known Constitutions of Otho and Othobon, andtheProvincialCanonsandConstitutionsoftheArchbishops. That the Constitutions of Otho and Othobon bear the name of these Papal legates, does not invalidate the assertion, that these Canons were laws of the Anglican Church. The councils at which the legate Otho presided in the year 1236, and that at which the legate Othobon presided in the year 1268, were both of them National Councils — they were publicly held in the Cathedral Church of St. Paul's, London, and were attended by the Archbishops of both provinces of Canterbury and York, as well as by other Bishops, Abbots, Deans, and Archdeacons ; and though in both the preambles to the two sets of Constitutions the mission and presidency of the Legate is recited, the consent of the Council to the enact- ments is as distinctly declared. The Sovereign himself, though not present in the council, must be considered to have consented to these proceedings, as far as his consent would be deemed necessary, since the historians relate that Otho came as Legate at the express desire of Henry III., and that his presence gave offence to the people ; and the part which Othobon took in his capacity of Legate in the disputes between that king and his barons, and his residence in the court of the Sovereign is sufficient proof, that thcv National Council at which he presided could not have been con- ESSAY. xli voked without the assent, if not the direct authority, of the King. The Provincial Constitutions intended to be submitted to the Commissioners, form a regular series of enactments commencing with the Archiepiscopate of Langton, who was consecrated in 1222, and terminating with the Archiepisco- pate of Chicheley, who died in 1443. It is a remarkable fact, and strongly corroborative of the assertion made in 24 H. VIII. c. 12, that " the English Church has always been reputed and also found of that sort, that both for knowledge, integrity, and sufficiency of number, it hath always been thought, and is also at this hour, sufficient and meet of itself, without the intermeddling of any exterior per- son or persons, to declare and determine all such doubts, and to administer all such offices and duties as doth to their rooms spiritual pertain :" that of seventeen Archbishops who were consecrated to the See of Canterbury, from 1222 to 1443, no less a number than fourteen presided in synods and convocations, in which Canons were promulgated for the government of the Church ; so regularly and constantly did the course of Ecclesiastical legislation proceed. And when it is borne in mind, that all these Canons, the production of more than two centuries of continual legislation, were enacted by the authority of the Anglican Church alone, without so much as an allusion to any implied necessity of their being confirmed by the authority of the Pope, we cannot surely avoid coming to the conclusion, that, as in the time of Henry VIII., the practice of the Church to make Canons for her own government, without exterior or foreign intervention, was con- sidered to be a proof that that part of the Body Politic, which was called the Spirituality, was subject to no foreign power, so we also in the present age may appeal to the same historical fact, for proof of the declaration, which we solemnly make, " that no Foreign person. Pope or Potentate, hath, or ought to have, any power, authority, or jurisdiction, spiritual or temporal, within this realm." Xlii ESSAY. The extent of this code of Anglican Canon Law is ex- hibited in a strong point of view, by the general structure of " Lindwood's Commentary upon the Provincial Canons ;" a work, which I believe to be in itself unique in its design, and also invaluable, as bearing testimony to the fact, that England has always possessed a Canon Law of her own, based indeed upon the ancient Canon Law of the whole Western Church, but prevailing by force of her own Domestic legis- lation. The Decretal Letters of the Popes form the basis of the Roman or Pontifical Law ; and it is not the language of exaggeration to state, that the principles of law contained in them have occupied the labours of hundreds of commen- tators. These Decretals are digested into five Books, which contain one hundred and eighty-five Titles. Our Canonist Lindwood, assuming as the basis of his work the Provincial Constitutions of our Archbishops, digested them upon the model of the Decretals into five correspondent Books, con- taining seventy-four Titles, each of which corresponds with some known Title of the Decretals ; adding to it a perpetual gloss or commentary, which is not only explanatory of the text, but which may be considered as historical evidence of the recognition in our own country of those legal principles, which had been adopted in the Western Church. England, then, was found at the Reformation possessed of a Canon Law of her own, contained in her own Constitutions and Canons ; they had been enacted in times of Papal usurpation, and contained in them some principles contrary to the Royal Prerogative, the correction of which was necessary to make the Spiritual and Temporal law harmonize together ; but the whole body of the Law Ecclesiastical, with these exceptions, was confirmed, and remains as part of the English Law, unless altered by Acts of Parliament, unto this day. It would be too great a digression, were we to inquire into the causes which delayed the appointment of the Commission above mentioned, and even in the reign of Edward VL rendered abortive the design of Cranmer to remodel the ESSAY. xliii Ecclesiastical Laws. It would seem, that as the pretensions of the Church to the possession of a legislative authority, indepen- dent of the Crown, gradually subsided ; and as the erroneous opinions and practices sanctioned by the Constitutions and Canons of Papal times, were virtually renonunced and abro- gated by the Statute laws, which regulated contracts of mar- riage, and which gave to laymen authority to act as judges and advocates in the Ecclesiastical Courts, — by the Acts of Uni- formity ; — by the promulgation of the Thirty-nine Articles, — and by the legal restriction of heresy to opinions condemned in the four general Councils, — the necessity of remodelling or expunging parts of the ancient Code gradually lessened. The Church found herself possessed, as this work will show, of full authority for the religious and moral government of the people ; her jurisdiction was entire, and nothing remained for her but to exercise it in due subordination to the Crown, and in strict accordance with the Christian faith, as purified from the superstitions and errors of Rome. Having already shown that the wish expressed in the Commination Service for the restoration of a Primitive disci- pline, is improperly taken to be proof of the decay of the Ecclesiastical discipline under the growing influence of the doctrines of the Reformation, and directing my readers to the contents of the following work, for proof that that discipline was as rigorously exercised throughout the reign of Elizabeth, of James, and Charles, as in any former period, I must now advert to the condition of the Church during the reign of Edward VI., and request the reader's attention to the real source of the opinion, that the Reformation destroyed Disci- pline, and reduced the Church to her present powerless condition, as a moral governor of her people. It must be acknowledged, that although the Acts of Par- liament of the reign of Edward VI. contain abundant evi- dence of the recognition of the Ecclesiastical jurisdiction, there is reason to believe, that its power so far ceased for Xliv ESSAY. a time to be exercised, as to justify the complaints made in the latter part of Edward's reign, that Discipline had need to be restored. The Records of the Consistory Court of London contain notices of Testamentary and Matrimonial causes, but I have been unable to discover any Acts' books relating to Criminal causes during the reign of that monarch ; the series of precedents in the following work is, therefore, broken from the year 1546 to the year 1554. This abeyance of the power of the Ecclesiastical Courts appears to be as alluded to in the Act of 3 and 4 Edward VI. c. 11, for the nomination of Commissioners to peruse and make Ecclesias- tical Laws ; the preamble of which declares that the determi- nation of Ecclesiastical causes hath not of long time been put in use, nor exercised, by reason, first, of the usurped authority of the See of Rome ; and, secondly, because they were not perfectly understood nor known by the King's sub- jects. There were, however, other causes in operation. It may safely be affirmed, that neither under the reign of Henry VIII., nor under that of Elizabeth, was the doc- trine of the Supremacy of the King, as the source not only of Ecclesiastical but almost of Spiritual authority, main- tained so highly as under that of the youthful Edward. Not only did the King assume, by the Acts of Parliament passed in the first year of his reign, the power of appointing to Bishoprics by Letters Patent, thereby abolishing the Canonical election by the Dean and Chapter, but it was also enacted in the same Act, that all Citations of parties into the Ecclesiastical Courts should be in the name and style of the King, the Teste being in the name of the Archbishop, or Bishop, or other persons having Ecclesiastical jurisdiction, who had commission and grant of authority Ecclesiastical immediately from the King's Highness. The seal of every Diocese was also to bear upon it the King's arms. The Ecclesiastical Law was indeed then recognized, but the right to exercise it was limited to such persons, as should receive ESSAY. Xlv special authority \ The Dioceses of England were visited by a Royal Commission, and Royal injunctions issued for the Reformation of Religion, which the Bishops were commanded to obey; but it does not appear that the Ordinaries held their courts as heretofore. The people at large were thus set free from their former restraints, and, as might be ex- pected, a general dissolution of manners was the result. It is certainly a most remarkable circumstance, that the very period of our history in which, by the authority of the Sove- reign, Religion was reformed, shoidd be that in which Disci- pline was most neglected. It is possible that Cranmer, in his zeal for the promulgation of a new code of Canon Law, might have considered it expedient to permit old principles to fall into abeyance : we find, however, in the Memorials of the reign of Edward VI., that the real cause of the decay of Discipline, was the unwillingness of the advisers of the King to commit any portion of the Ecclesiastical jurisdiction to Bishops, whom they deemed unworthy of confidence, a note to this effect being extant in the handwriting of the King himself in the year 1552 ^ " That it were very good that dis- cipline went forth, so that those that should be executors of it were men of tried honesty, wisdom, and judgment. But because those Bishops who should execute it, some for Papistry, some for ignorance, and some for age, some for ill name, some for all these, are men unable to execute disci- pline, it is, therefore, a thing unmeet for those men." "There- fore, for the present, he resolved to set up discipline, and yet to keep it out of the hands of all the Bishops," as one of the King's memorials for religion written in October, 1552, assures us, wherein he made a memorandum for commis- sions to be granted to those Bishops that were grave, learned, wise, sober, and of good religion, for the executing of disci- ' The Commission of Edward VI. to the Dean and Chapter of St. Paul's, to exercise jurisdiction, was among papers which were in the possession of tlie Dean of St. Paul's in 1559. The Commission was dated March 1, 1546. 2 Strype's Memorials, vol. iv. p. 141. xlvi ESSAY. pline. How much evil had ensued from the temporary suspension of the power of the Ecclesiastical Courts, and the reservation of all Ecclesiastical power to the person of the King, may be gathered from a Royal proclamation, (Feb. 20, 1551,) prohibiting frays and fightings in Cathedral Churches, and bringing in horses and mules into the same. The extreme length to which the notion of the Supremacy was then carried, may also be perceived from the fact of the King, in 1551, granting licences of dispensation to several parties for eating flesh on Lent and other fasting days. Upon the death of Edward and the accession of Mary, and the consequent restoration of the Ecclesiastical authority to the Bishops and other Ordinaries, the same Discipline which had existed before the Reformation was once more restored ; and it continued, as the contents of this work show, unimpaired, until the year 1640. The statement, then, that Discipline was destroyed at the Reformation, is to a certain extent true, if we look only at the short reign of Edward ; but it is also not less true, that the Discipline, which was then in abeyance, was afterwards revived, and fully maintained for nearly a century in our Reformed Church. We find this difference in the condition of the Ecclesiastical Law under the reigns of Henry and of Edward, that whereas under both those monarchs designs were entertained for the reformation of old and the promulgation of new laws : in the former reign, the Sovereign assumed the Ecclesiastical juris- diction, and exercised it by his Vicegerent, leaving at the same time the Episcopal authority unimpaired ; in the latter, the Sovereign so assumed the jurisdiction, as to exclude all the Bishops from exercising any part of it. Henry the Eighth was content to allow the Ecclesiastical Courts their full power, so long as they renounced all connexion in the Papal See. Edward the Sixth was afraid to intrust the exercise of authority to Prelates, who were considered to be attached to the doctrinal errors of Rome. In the former reign Dis- ESSAY. xlvii cipline was maintained, but Truth made little pi'ogress; in the latter. Truth was established, but with the temporary- suspension of Discipline. We pass over the reign of Mary, to consider those measures of the reign of Elizabeth, by which a more perfect Discipline, than perhaps had ever before existed, was established in the Church, but which being illegally executed, was on that account overthrown. It has been already noticed, that upon the assumption of the Supremacy, and with it the authority to exercise Eccle- siastical jurisdiction, by Henry, the whole authority of the Crown was delegated to Cromwell, as the King's Vicegerent. Under Edward a different course was pursued, and one less in accordance with the forms of the Ecclesiastical Law ; six sets of Commissioners being appointed to visit the particular Sees allotted to them, a Preacher and Register being attached to each. The circumstance is worthy of notice, as illustrating in some measure the origin of that Court of High Commission, the establishment of which, for the exercise of Ecclesiastical jurisdiction by the Crown, forms so conspicuous a feature in the history of our Church in the reign of Elizabeth and her two successors. Upon the accession of Elizabeth to the crown, no change was made in the constitution of the Ecclesiastical Courts, which, during the reign of her predecessor, and by the re- peal of the Statute of 1 Edw. VI. c. 2, had recovered the free exercise of their powers. Had no alteration been made by Statute in the exercise of the Royal Prerogative, it would have been competent to the Crown, according to the prece- dents established in the reigns of Henry and Edward, to have exercised the entire Ecclesiastical jurisdiction, either by the appointment of a Vicar- General, as in the case of Crom- well, or by Visitors specially appointed, as in the reign of Edward, for the visitation of certain Dioceses \ Such Visita- tions would have been necessarily of a temporary character, ^ Memorials of Cranmer, vol. i. p. 209, a.d. 1547. xlviii ESSAY. and would have been attended, during the period of the Visitation, by the Inhibition of all other jurisdiction, whether Metropolitan or Episcopal. It was desirable, in order to meet the exigencies of the times, to avoid the inconvenience resulting from such Inhibitions of the Episcopal Authority, and, at the same time, to provide for the perpetual exercise of the full power of the Crown, as the Supreme Ordinary, for the maintenance of the Reformed Religion. Such, if we may judge by the subsequent proceedings, were the objects contemplated by the clause of the 1st Eliz. c. 1 ; which, whilst it enacted that all Spiritual jurisdiction should for ever be united to the Crown, empowered the dueen and her successors, for ever, to appoint, from time to time, Commis- sioners for the exercise of this jurisdiction, for the reforma- tion of all disorders, &c., which, by any manner of Spiritual or Ecclesiastical power, authority, or jurisdiction, might be lawfully reformed, &c. An impartial student of the history of the Church, during the reign of Elizabeth, cannot fail to observe that this establishment of the Court of High Commission was then considered the great measure for Ecclesiastical Re- form ; indeed, it may be doubted, whether, humanly speaking, the power of Rome could have been repressed, or the Protestant religion maintained, had not the Crown thus put forth the full power of the Prerogative ju- risdiction. If that power proved eventually too weak to stem the progress of Puritanism, eagerly received as it was by the lower orders, and secretly encouraged by men of high rank about the Court, it certainly was effective for a long series against the designs of the See of Rome. Were we to judge of the proceedings of the Court of High Commission only from the nature of the contests in which Prelates, so vigorous and uncompromising as Archbishops Parker and Whitgift, were engaged, first with the scrupulous opposers of external uniformity, in respect of dress and ceremonies ; and afterwards with the favourers of the Genevan form of disci- ESSAY. xlix pline, we might possibly be inclined to think that there was little need of such a Court, as that of the High Commission. But when we find, that so mild a Prelate as Archbisho}) Grindal, and one so unwilling as he was to use severe mea- sures himself, upon his translation to the see of York, in- treated the Queen * " to renew the Ecclesiastical Commission " for his province ; as a thing highly necessary for those " parts, for the more effectual suppressing of corrupt reli- " gion, and giving encouragement to the Gospel ;" it seems evident that there was a necessity for the exercise of the Royal authority, in order to give efficacy even to the Archi- episcopal power within that Province. If the power of the Commission had affected no other per- sons than Popish Priests or Recusants, it is probable that it would have avoided many of the charges which have been brought against it ; but in the progress of opinion the Com- mission had to contend with persons, whose excess of zeal, however we may regret the method of its development, we can- not wholly condemn, and in whose sufferings we can hardly forbear to sympathize. The deprivation and imprisonment of the Puritan and Disciplinarian naturally excited the popular feeling in their favour ; and whilst the frowns of Elizabeth almost compelled the Archbishops to take upon themselves the odium arising from proceedings which seemed to savour of religious persecution, the Sovereign herself escaped in a great measure the unpopularity, which the exercise of her authority, by merely Lay commissioners, would have brought upon her Court. It was not, however, with respect to doctrinal errors alone, that the Court of High Commission put forth its powers ; though to these the public attention was chiefly directed. We learn from Stowel's case (related in the life of Archbishop Parker '), who was supposed guilty of bigamy, that they who were guilty of immorality, as well as those suspected of heresy, were summoned to answer before this * Strype's Life of Grindal, p. 263. * Vol. ii. p. 161. d 1 ESSAY. Court ; and the manner in which the Earl of Leicester inter- fered in his behalf, seems fully to explain the statement made by Archbishop Whitgift, when, in his reply to King James at the Hampton Court Conference, he asserted the necessity of the existence of this Court, and justified it on the ground ; — " Because, although the fault might be of that nature, as that the ordinary jurisdiction might censure it ; but eftsoons it fell out that the party delinquent was too great, and so the Ordinary dared not proceed against him ; and so mighty in his state, and so wilful in his contumacy, that he would not obey the summons or censure. And so it came to pass that the Ordinary was forced to crave help at the High Commission \" It must be admitted, that the powers granted by the Crown to the Court of High Commission exceeded the limits pre- scribed by the Act of Parliament, and that the punishments inflicted by that Court were illegal, whenever they exceeded in kind and degree the Censures which the Ecclesiastical Courts had, by the Common Law, the power to inflict ^ Ecclesiastical censures, such as Monition, Penance, Suspen- sion from participation in the rites of religion, and even Excommunication, are punishments which affect only the mind and conscience ; they have little influence upon persons who have no respect for religion. It is manifest, both from the proceedings of the High Commission, and also from the propositions made in the "Reformatio Legum" to invest the Ecclesiastical Judges with the power of imprisonment, that these Censures had fallen into contempt. The necessity of the case seemed to justify a recourse to severer punishments: nor were there wanting those of the Judges, who, upon pri- vate consultation with a civilian, Dr. Lewis, acquiesced in the opinion, that according to the Ecclesiastical Law it was competent to the Bishop to inflict in certain cases a pecu- * Strype's Whitgift, vol. ii. p. 497- See also, Reasons for the Commissions Ecclesiastical, vol. i. p. 26C. ' Coke's Institutes, 4. c. 74. ESSAY. li niary penalty ; from which it was concluded that the Com- mission had the same power*: the Court therefore continued to enforce its decrees by fine and imprisonment. The course pursued in this case is an instance of legal principles being sacrificed to meet a temporary necessity. Expediency seemed to justify the proceeding. Had the Court of High Commission kept within the bounds of the pui'ely Ecclesias- tical jurisdiction, many crimes and acts of disobedience might have passed unpunished ; but it is probable, on the other hand, that the entire overthrow of the Ecclesiastical disci- pline, and the permanent restriction of the Ecclesiastical authority by the abolition of the form of proceeding ex officio, would not have taken place in the reign of Charles I. The history of this Court, in its origin and progress and over- throw, ought to afford a warning of the real inexpediency of violating legal principles under temporary pressure. For seventy years this Court exercised its authority ; but not all its endeavours for the preservation of order and religion could compensate for the illegal exercise of power. It fell with the Monarchy. The remembrance of its evils and oppressions has been carefully transmitted to later ages; whilst the good intention of its institution has been so for- gotten and discredited, that he who ventures to suggest a single argument in defence of its original object and purpose, is liable to be suspected of favouring religious tyranny and the arbitrary exercise of Ecclesiastical power. I shall now conclude this Essay with a few observations upon the sources from which the following work has been compiled, and the general character of the proceedings de- tailed in it. It will be found to exhibit an almost continuous series of Precedents, illustrative of proceedings in Causes of Office against both clergymen and laymen, from the year 1475 to 1640, compiled from the Registers of Ecclesiastical Courts in the diocese of London : that part of it which relates * See the account of this conference in Strvpe's Life of Grindal, p. 345, a.d. 1577. d 2 lii ESSAY. to the period antecedent to the assertion of the supremacy of the Crown being taken from the Registers of the Court of the Commissary of the Bishop of London ; whilst the remaining part is chiefly taken from the Registers of the Archidiaconal Courts of London, Colchester, and Essex. On some accounts it is to be regretted that so small a portion of the Records of the Episcopal Courts has been preserved ; whether they have perished from neglect, or were intentionally destroyed, or were consumed in the fire of London in 1666, cannot now be ascertained. The defect has been effectually supplied, for the purposes of this work, from the Registry of the Archidiaconal Courts, with this incidental advantage, that the unity of the Ecclesiastical discipline throughout the diocese is more per- fectly exhibited, and the fact of its prevalence in the most remote parishes is clearly established. The nature of the documents which have supplied the materials of this work are so little known, that it may not be uninteresting to the reader to receive some more particular account of them. Nearly one-half in number of these Precedents have been extracted from an almost { perfect series of Act-Books belonging to the Court of the Commissary of London, commencing with the year 1476, and terminating with the year 1539. They are eleven in number, some imperfect, and varying in size from two to three hundred folios. The Registers of the proceedings were kept by the Registrar, who was a Public Notary, whose business it was to attend the Court and to record the minutes of the proceedings. The names of the parties and the nature of the charges against them, in most instances, appear to have been inserted in the Act-Book previous to the Court-day. The viva voce proceedings in each cause were instantly recorded, and in the most rapid manner. This circumstance, and the frequency of the abbreviations, has, in many cases, made it very difficult to decypher the text, and it is possible that some misreadings have taken place. In some few passages it has been scarcely possible to make ESSAY. liii out the sense. The same observation will apply to some of the later, as well as to the earlier parts of the work. The General Index will serve to show the nature of the offences, which rendered the parties amenable to the Ecclesiastical Courts. Some idea of the extent of the jurisdiction, and the frequency of its exercise, may be gathered from the state- ment that an accurate enumeration of the causes which were before the Court of the Commissary (whose jurisdiction was imited to the city of London and some small part of Essex and Hertfordshire) from Christmas, 1496, to Christmas, 1500, shows that no less than one thousand eight hundred and fifty-four persons were cited before the Court in the period of four years ; one-half of whom were charged with the crimes of adultery and others of like nature. The latter portion of the Precedents, from the year 1540 to 1640, has been extracted from forty-three Act-Books, of the Archidiaconal Courts, each volume containing at least two hundred and fifty folios. It may not be out of place to mention, that the Records of the Archidiaconal Court of Essex, of proceedings in civil causes, are equally volu- minous : we must leave it to others to ascertain whether it was the love of litigation, or the prevalence of wrong, or the cheap price at which justice was administered, or the density of population, which caused so many suitors to await the decision of a judge, whose jurisdiction did not extend over one-half the county of Essex. There is no reason to believe that the activity of the Ecclesiastical Courts, as in- struments of moral correction, was at all abated as the year 1640 approached. In the Court of the Archdeacon of London, between the 'Z7ih. of November, 1639, and 28th of November, 1640, the judge held thirty sittings ; the number of entries of causes being more than two thousand five hundred. The number of persons presented must have been considerably less, allowing that each person attended on two or three Court-days ; the index, however, to the volume ■would show that about one thousand eight hundred persons liv ESSAY. were before the Court in that year, three-fourths of whom, it may be calculated, were presented for tippling during Divine Service, breaking the Sabbath, and non-observance of Saints' days. Whatever evils have resulted from the sub-division of the Ecclesiastical jurisdiction, it could scarcely have been adopted, had it not been attended by some great and apparent benefit ; such as that of enabling the Church to subject the people at large to a moral government, as the tribunals were multiplied, and the authority of the Church was carried to the remotest parts of every diocese. The acts and duties of the Epis- copal office are, according to the principles of the Canon Law, divided into two heads: "Qua sunt ordinis," and " Qua suntjurisdictionis^." Under the former head are com- prised Ordination, Consecration, Confirmation : under the latter, all the duties of Spiritual and Temporal government comprised in the general term " Ordinary jurisdiction '." The former duties are so limited to the Episcopal order, that they cannot be performed by any inferior ecclesiastic ; the latter, however, easily admit of being committed to other persons than Bishops, there being nothing in the nature of testamen- tary and matrimonial causes, which necessarily would restrict the decision of them to the personal authority of the Bishop. Nor would it appear that the visitation of a diocese, for the regulation of external ceremonies and the correction of man- ners, or even the power of granting institutions to bene- fices, cannot be adequately performed by others than the Bishop himself. There is no reason to believe that in the ages prior to the Reformation, the mere circumstance of the exercise of a jurisdiction originally derived from the Episcopal authority, by ecclesiastics of rank inferior to the Bishops, caused any dissatisfaction. In these later times we enter- tain scarcely any other idea of the Episcopal office than ' Barbosa de Episcoijis, c. i. ' Lindwood, p. 166. ESSAY. Iv as an authority purely spiritual, and which has no other duties to perform, but those which relate to the character and conduct of the Clergy, and the public instruction of the people. A well-governed diocese is that in which the Bishop attends most sedulously to the peculiar duties of his order. But in ancient times the exercise of jurisdiction in the correction of the vices of the laity, was a far more prominent part of the Episcopal office, as appears from a very interesting writ noticed by Lord Coke, in his Institutes, .2. p. 625, addressed in the 48th Henry III. to the Bishop of Hereford, complaining that in his absence from his diocese, the people were neither informed nor reformed, per verbum salutis and virgam correctionis, the destitution of the diocese being described as so entire, " ut ne dum Episcopum, sed nee officialem haberet, vicarium aut decanum, qui quicquam spiri- tualitatis exercere posset in eadem." The Ecclesiastical Courts were, in reality, the means by which the Episcopal authority was exercised over the people of the whole diocese. And if the Bishops of the times before the Reform- ation appear to us to have been more concerned in affairs of state, and more secular in their character, than those of the period since the Reformation, we should unjustly con- clude from thence that the spiritual welfare of the people was wholly neglected ; the Clergy who presided in the numerous Courts being actively engaged in repressing error, and pun- ishing every dereliction of duty. And here it may not be out of place to correct an erroneous impression which very commonly prevails with reference to the office of Archdeacon, and the term applied to the Archdeacon of " Oculus Episcopi '." The Arch- deacons of ancient times were indeed actively employed in the moral government of the dioceses; but it was by means of legal tribunals that they exercised their autho- rity ; it was not so much a personal, as an official inspection ' See the CDnnnentatdr nn Decretal, i. xxiii. c. 7, De officio Architliaconi. Ivi ESSAY. which they exercised, performing the duty by annual visita- tions and synods, and carrying on the work of correction throughout the whole year by their Courts, in which their Officials presided, and their Registrars recorded the proceed- ings. No better proof can be given of the searching character of the Archidiaconal jurisdiction at the conclusion of the fourteenth century, than that which is afforded by the Poet Chaucer, who, in his Freres tale, gives a most accurate account of the offences for which persons were brought before the Archdeacon's Court, at the same time that he exposes the corrupt and inquisitorial practices of the Somners or Appari- tors, who travelled about the country in search of suspected persons, and reaped a plentiful harvest by threatening them with Citations, and accepting money to forbear the execution of their threats. The separation between the clerical and the judicial character is at this time so complete, and the Clergy at large are such entire strangers to legal studies, that it is almost considered wrong that a Clerical judge should preside in an Ecclesiastical Court. To such an extent is the feeUng carried, that the fact of the Consistory and Archidiaconal Courts being the Courts of which the Bishop and Archdeacon were the Supreme judges, is almost forgotten. That a Bishop or Archdeacon should preside in his own Court, would be as little expected as that the Sovereign should take her seat in her own Court, among the Judges of the Queen's Bench. In both the temporal and spiritual Courts, the principle of delegation has been carried to such an extent, as almost to extinguish the remembrance of the source from which the authority itself is derived, and, in the case of the Ecclesiastical Courts, to cast derision upon proceedings conducted only by lay judges, the object of which is professedly "pro morum cor- rectione et salute animoiP These observations are not made in order to encourage the idea that it is possible, in the present age, to restore a religious and clerical character to the Eccle- siastical Courts ; but rather for the purpose of drawing atten- ESSAY. Ivii tion to the fact, that the system of criminal jurisprudence, which it is the object of the present work to illustrate, was purely religious in its character, a system of moral govern- ment, emanating from the Episcopal order, and forming that part of the pastoral care which is fully expressed in the Con- secration Service, where the Bishop promises that " such as be unquiet, disobedient, and criminous within his diocese," he "will correct and punish according to such authority as he has by God's word, and as to him shall be committed by the ordinance of this j-ealm." According to the practice of these Ecclesiastical Courts in Criminal causes, as we learn from Oughton's Ordo Judici- orum ^, from Lyndwood's Provincale, lib. v., and the fifth book of the Decretals, there are three distinct methods of Indictment: — 1. Inquisition; 2. Accusation; 3. Denunci- ation. In the first form of proceeding, that by Inquisition, the Judge is in fact the Accuser. He may proceed against the party from his own personal knowledge, or from common fame of crime committed ; and no other step is required to bring the party before the Court, except Citation. I am inclined to believe that before the Reformation the most usual mode of proceeding was that by Inquisition ; and that the Apparitors of the different Courts, who not only attended the Ecclesiastical Judges at the time of their visitations and during the sitting of the Courts, but who also at other times employed themselves in discovering cases of delinquency, were the chief means of bringing crimes to the notice of the Judge, who, without further information, cited the parties to appear. Traces of the unpopularity of these Apparitors (whose ordinary business it was to execute the Mandates or Citations issued by the Court), and of the general dislike of their office, may be met with in several parts of the following work ; and the Constitutions of Archbishops Boniface and ' Vol. i. 1-. 215. Iviii ESSAY. Stratford in the thirteenth and fourteenth centuries, as well as the Canons of 1597 and 1603, which regulated their num- ber and limited their duties, are evidence of the extent to which these inferior officers abused their authority, and took advantage of their connexion with the Courts. Their office, however, though odious because they acted as common in- formers, was not without its use, when they made known to the Ecclesiastical authorities the names of those who had died intestate, and enabled the Court to compel the parties legally to administer to the Estate of the deceased, for the payment of his just debts and the proper distribution of his effects. The second form of Indictment, as it may be called, is that in which an Accuser comes forward, who voluntarily under- takes the cause, and, in the Legal phrase, is said to promote the Office of the Judge. In this form Criminal suits are now generally brought forward, the Bishop or Ordinary having ceased to proceed by Inquisition, and substituting, as a matter of form, his Secretary or other person, who, in his own name, promotes the Office of the Judge and becomes the Accuser of the party. The third form of proceeding, by which the Ecclesiastical Court took cognizance of offences, was that of Denunciation. It differed from Accusation essentially in this point, that the person who gave the information to the Judge was not bound to constitute himself the Accuser, and become subject to the conditions and penalties to which the Accuser was liable in order to carry forward the suit^ Denunciation is now known to us under the name of Presentment : the process of time and the enactment of the Canons of 1603 has limited the power of making Presentments to the Minister and Churchwardens ; and thus the Churchwardens have become not only the guardians of the goods of the Church, but also in theory the supervisors of the Clergy and people. I must •'' See Lyndwood, L. v. T. i. v. deiiuncient. ESSAY. lix refer the reader for more particular information respecting the present state of the Law of Presentment or Denunciation to Bishop Gibson's Codex * : it may here suffice to observe, that these Presentments in the present state of the practice of the Ecclesiastical Courts are but the shadow of a form. After making the Presentment, all the formalities of a suit must be gone through ; and whether the complaint be that the Surplices are not properly washed, or that the Church is in ruin, or that the Clergyman is neglectful of his duty, every step of the process to obtain a decree for the washing of the surplices, for the repairing of the Church, or the suspension of the Clergyman is equally expensive, equally subjected in the present day to the necessity of using written forms, and employing through every stage the Proctor and the Advocate. It is not an exaggeration of the fact to state, that if any Bishop at the conclusion of his Visitation and the receiving Presentments from all the parishes under his juris- diction were to proceed to redress by legal process all the defects and irregularities complained of, he might render him- self liable to expenses of suits, as great as would absorb a very large part of the yearly income of the See. It would not be difficult to devise a remedy for that part of the evil which relates to mere external matters, such as the repairs of Churches ; but as respects the exercise of discipline over the Clergy, it seems doubtful whether consistently with our modern notions of justice any forms of proceeding can be devised, which can prevent the accused from incurring un- necessary expense, and causing wilful delay in the execution of sentence. All the proceedings in the following volume are proceedings ex officio ; and they are, in one fundamental point, exempli- fications of a principle of criminal jurisprudence, wholly opposed to that which prevails in our Common Law ; for whereas, in the Temporal Courts, the principle, that no man * p. 959. Ix ESSAY. is bound to accuse himself, is that which universally prevails, even in many cases to the hindrance of justice and the se- curity of crime, in the Spiritual Courts the vv^hole energy of the discipline, which continued in the Church until the year 1640, was derived from the power which the Ecclesiastical Judge possessed of proposing the articles of charge to the accused in person, and of requiring him, upon oath, to admit or deny the accusation. But when the Act of Parliament of 16 Car. I. c. 11, and the subsequent Act of 13 Car. II. c. 12, took away the power of administering this oath, and of com- pelling persons to purgation, the practice of the Eccle- siastical Courts was at once changed, and this power para- lyzed. The oath so administered was termed the oath ex officio. If the accused party confessed the charge, the cause was concluded, and sentence passed, or the party was simply dismissed, if his appearance was considered sufficient punish- ment. If the accused party denied the charge upon oath, he was then obliged to defend his oath by the evidence of two or more compurgators, upon v\hose joint oath to the credibility of the accused, and their disbelief of the charge, the party was pronounced innocent, and formally restored to his reputation. If he failed in his compurgation, he was pronounced guilty. In some cases, witnesses were ex- amined, either on the part of the accuser, or of the accused. It is probable that when persons either from want of friends, or from their own want of character, were unable to procure compurgators, the accused were condemned as guilty of specific acts, which they very probably had not committed. It is also probable that many a hypocrite was enabled by his own perjury, and by the ignorance of his compurgators, to escape unpunished. The parties cited before the judge seem to have been un- attended by any legal adviser ; they heard the charge at the mouth of the judge, whilst the registrar briefly noted the proceedings and the answer. It is doubtful whether any degree of publicity attended the proceedings, except in the ESSAY. Ixi performance of penance, or in the publication of the decree of excommunication. Had the case been otherwise, and the daily cases in the Ecclesiastical Courts been published to the world, as Police reports are now given, we can hardly conceive any thing more demoralizing to society, than such an exhibition of crime. In the early part of my investigation of these Records, I felt much disappointment at discovering the comparatively trivial nature of the offences, for which persons were brought to account before the Ecclesiastical Courts ; and at being unable to trace in these Act-Books the proceedings against any persons of eminence, who were Lollards or Heretics. At one time I was inclined to suspect that the books had been wilfully destroyed ; but the absence of the original forms of proceeding is more probably to be ascribed to the circum- stance of the articles of accusations and depositions of the witnesses being all reduced to writing, and preserved together, as being too long for entry in the Act-Book, though a few im- portant cases were afterwards transcribed into the Bishop's register. It appears, indeed, that whenever the articles of accusation took the regular form of libel, and that depositions were taken upon them, no more entries were generally made in the Act-Books than were actually necessary to show the progress of the cause. In every case which came under my notice, in perusing the Act-Books of the Archdeaconry of St. Alban's, in which the parties appeared by a Proctor and prayed articles, I observed, that whilst the formal pro- ceedings of the Proctor on either side are most carefully noted, it was scarcely possible to discover from the entries the nature of the cause, and often difficult to ascertain in favour of what party the final sentence was given. But though the present work does not show how bitterly perse- cution was carried on under Henry and Mary, nor make us better acquainted with the charges for which so many per- sons suffered, it may not on that account be the less inter- esting ; especially when it shows to us, how men ordinarily Ixii ESSAY. offended against religion, and exhibits the faults of daily life ; and this so accurately and minutely, that it would al- most seem as if there was no act or word, contrary to truth or purity, for which he, who committed it, might not be called to account : indeed, I can hardly better describe the general contents of this book, than by saying that it is a History of the Moral Police of the Church, and that it details how the Ecclesiastical Magistrate treated eveiy species of offence which could be brought before him ; deciding the matter in a most summary way, and apparently so justly, that there occurs hardly a notice of an appeal. I have almost occasion to regret, that in the following work so frequent notice should have been taken of crimes against chastity : the cases selected bear no proportion whatever to the real number ; indeed, it would seem as if lust was always the great prevailing crime. To have less frequently mentioned such cases would have failed to give the reader an adequate notion, either of the extent of the public profli- gacy, or of the resistance offered to it ; nor coiild otherwise proof have been given, that offences of this nature were punished throughout the whole period of the Ecclesiastical vigour in the same manner. I should have been glad, if I had had leisure for such a work, to have added some com- ments upon the various offences which are brought to view in the following work, and to have pointed out the particular Canons and Constitutions of our own Church, or the general rules of the Canon Law, which authorized the Court to take cognizance of the particular offences ; I trust, however, that the work will prove of use, not only in a legal, but in an histo- rical point of view, since it is, in fact, a brief chronicle of all the various changes in opinion which took place during the period of which it treats, not only with respect to doctrines, but also with respect to external rites and ceremonies. The work does, indeed, exhibit the Church as possessed of far wider power over the conduct of men than now remains to her. What though the wilfulness of man has deprived her ESSAY. Ixiii of this power, we ought not to forget for one moment that such events are part of God's own dispensation towards his Church ; nay, are intended, as we believe, to show, through a series of ages, that under every variety of outward circum- stances, whether with or without the aid of law, whether with or without the support of Sovereigns and the sanction of the State, the truth of the Gospel will still be preserved in the world, and Christ's own promise to his Church ful- filled, that the gates of hell shall not prevail against it. ACTA HABITA CORAM MAGISTRO W. WYLDE, COMMISSARIO REVERENDI IN CHRISTO PATRIS DOMINI THOM^ KEMPE LONDONIENSIS EPISCOPI^ QUI ONUS COMMISSIONIS SUSCEPIT XXIX DIE MARCH ANNO DOMINI MCCCCLXV *. ^- A. D. 1480. Petri Pore. — Ambrosius de Borazeos contempnit Deum Contem])t of dicendo, quod non est custus parcialis, et quod unum diligit gaints. melius quam aliura ; et contempnit beatam Mariam Kateri- nam et Margaretam, vocando eas meretrices, ad instanciam Petri de Epecyys de eadem. xxiii die Junii Ambrosius com- paruit, negavit articulum, et continuatur ad diem Martis, et juravit illo die comparere. xxviii die Junii partes com- paruerunt, et judex assignavit Ambrosio terminum ad com- parendum, die Sabbati proxima ad audiendam voluntatem suam ; postea Pasterinus de Castro Novo et Everardus Chirch xxviii die Junii jurati, deposuerunt contra Ambrosium : Am- brosius . . . die Julii praestitit juramentum de implendo penitentiam sibi injunctam, quod ofFerret ceream ponderis ii lib. apud Salvatorem, et quod solveret ecclesie sue paro- chiali x libras cerse, si amplius fuerit convictus super de- tectione. — f. 8 b. II. K. col. [Katherine Coleman.) — Moricius Schreve recusat Refusal to ofFerre pro diebus Lune, Martis, et Mercurii in ebdomada ^ * The MS. being defective, the heading is here supplied ; the Commission of the Commissary is fomid in the Register of Wills belonging to the Court of tlie Commissary. 6 Z PROCEEDINGS IN THE COURT OF THE Pentecostes, et redarguebat Rectorem ibidem : citatus ad xiii diem Julii, illo die partes comparuerunt et solverunt ; ideo dimissus. — f. 12. III. Incontinence. Anne. — Agnes Bery fornicavit cum Ricardo Nuttyng. Vir comparuit xiii die Julii, negavit articulum, die Lune proximo purgare se se quinta (sc. manu). illo die compurgatores recu- sarunt jurare, et continuatur ad diem Veneris, illo die fuit continuata ad diem Veneris proximum, illo die non comparuit, ideo suspensus. — f. 12. IV. Non-payment Mil. {S. Michael) queme. — Thomas Walynger recusat sol- wages of aqme- "^sre ad lumen trabis et salarium aquaebajuli. Thomas com- bajiilus. paruit xxvii die Julii, et injungitur ei, quod solvat citra diem Lunag proximum, vel ad dicendam causam quare per censuras ecclesiasticas compelli non debeat, illo die non comparuit^ ideo suspensus. — f. 14. Expulsion of wife from his iiouse. Begetting a child, and keeping it unbaptized. V. Christoferi. — Wlllielmus Rydley expulsit uxorem suam a domo sua, quamvis nuda. Willielmus comparuit ix die Augusti, fatetur articulum, et juravit quod in die Veneris ad- ducet apprenticium suum eodem die, illo die continuatur ad diem Mercurii proximum, illo die dimittitur. — f. 16. VI. BerJcyng. — Elias Fadir fornicavit cum Katerina Kelleye, quae peperit per eundem, et puer non erat baptisatus per ii dies. Vir comparuit iii die Augusti, fatetur articulum, et continuatur ad diem Mercurii proximum, illo die comparuit et fuit continuatus ad diem Veneris proximum, illo die continua- tur ad diem Veneris proximum, illo die non comparuit, ideo suspensus ; vir comparuit xxix die Augusti, et continuatur ad diem Jovis proximum, sexto die Septembris vir corrigitur et dimittitur. — f. 16. VII. Fanchurcli. — Ricardus Mower comparuit xviii die Augusti, I COMMISSARY OF LONDON, A.D. 1480. 3 et pro adulterio commisso, et violenta manuum injunctione in Penance for Catworthe, praestitit coi*am commissario juratum de implendo ^'^"^'^^''y' ^*^- poenitentiam : viz. quod tribus dominicis praecederet crucem, deferendo manu sua cereuni pretii unius denarii, nudis pedibus, camisia et toga indutus in ecclesia de Fanchurch, et quod satisfaciet partem pro expensis, et injungitur quod prae- missa faciat sub poena excommunicationis. — f. 18 b. VIII. Botulphi Algat. — Petrus Cornelus recusat solvere clerico Non-payment parochiali ibidem pro solempnisacione matrimonii. Citatur ^^' marr'age. ad xxviii diem Augusti ; xii die Septembris, quia partes sunt concordatas, ideo dimittitur. — f. 19 b. IX. Laurenti Juri. — Johannes Haberam fornicavit cum Anna Incontinence. Kyrkham. Vir xxii Septembris comparuit et recusat jurare, take" the oatli. continuatur ad crastinum Michaelis, et continuatur per judi- cem ad eundem diem, illo die fuit continuatus ad diem Mercurii proximum : vi die Octobris, vir negavit articulum, die Lune proximo purgare se se quinta ; illo die et defecit in purgatione, et judex computavit eum pro convicto, et habet diem Veneris ad recipiendam penitentiam. xxi die Octobris Johannes Abraham juravit inplere penitentiam. — f. 22. X. Alphegi. — Johannes Stokys utitur incantacionibus sorti- Sorcery, legise pro febribus. — f. 25 b. XI. Andr. Hoi. — Johannes Pynner injecit manus violentas in Assaulting dominum Petrum Gilbert in ecclesia, et fregit brachium suum, ^^^^^ quod non potuit celebrare, et spoliasset eum in ecclesia. Vir citatur ad xxviii diem Novembris. Johannes comparuit illo die, negavit articulum, et continuatur ad diem Sabbati. Illo die fuit continuatus ad diem Sabbati proximum, partes com- paruerunt ix die Decembris et continuatur die Jovis proximo, xiiii die Decembris partes comparuerunt et compromiserunt Compromise, in Mr. Lety et Bell, ita quod fcrant laudum citra crastinum HiUarii.— f. 32. B 2 I PROCEEDINGS IN THE COURT OF THE A.D. 1481. Adiiltei-y. XII. Refusal to pay Sejmlchri. — Johannes Scharpe et Willielmus Wyterynge the exhibition gxecutoves tcstamenti Willielmi Garstons recusant exhibere of a chaplain. capellanum celebraturum pro anima defuncti in ecclesia de Westham per ii annos, contra voluntatem defuncti per eos juratam ; et Ricardus Daniell et Willielmus Coterell Ico- nomi de Westham asserunt, quod xx marcae remanent in manibus dictorum executorum per mortem Johanne filiae Willielmi Garstons.— f. 33. XIII. Sepulchri. — Johannes Grymbill Barbor adulteravit cum Alicia Pypere. Vir citatus ad ii diem Aprilis. Vir com- paruit V die Aprilis, recusat jurare ; continuatur ad crastinum. Mulier non comparuit, ideo suspensa. Mulier comparuit, fatetur articulum xx die Augusti. — f. 47. XIV. Omnium Sanctorum Berkyng. — Alicia Bate, alias Barley, for kepyng of a woman in her howse that is a curst. Mulier citatur ad xvii diem Aprilis ; non comparuit, ideo suspensa. — f. 51 b. XV. Brigide. — Johannes Benet excommunicatus pro favore et auxilio impensis Agneti Batync denunciatae pro excommuni- cata; et pro quo erat inhibitum Rectori et capellano paro- chiali, quod non admitterent eum [ad] divina audienda, nee ad communionem. Comparuit viii die Maii, fatetur quod recepit communionem non absolutus, et juravit implere pe- nitentiam sibi injunctam per commissarium ; et Denitentia injuncta, quod in toga et camisia, nudis pedibus, precedat crucem processionaliter, cum candela precii unius denarii, et quam oiferret processione finita. — f. 54. XVI. Michaelis Cornhille, Petri Chepe. — Johannes Hungerforde et Willielmus Rowse executores testamenti Georffii Rowse recusant exhibere unum capellanum, in ecclesia sancti Petri per annum, et recusant solvere v\s. \\\\d. legatos Willielmo Keephig a wo- man in her house accursed. Excommunica- tion for favour shown to an excoininuni- cate person. Refusal to pay the exhibition of a chaplain, and legacies. COMMISSARY OF LONDON, A.D. 1481. 5 Biirwell, et i'lis. iiiif/. legates Ricardo BurwcU : xxv die Mali partes comparuerunt, et executores habent ad crastiuum corporis Christi, ad exhibendum Inventarium. — f. 57 b. XVII. Pety^i Pore. — Auicia Shrewysbury fregit fidem, in non pa- Breaking faith, rendo certo laudo et arbitrio inter earn et Joliannem Cole coriatorem et Willielmum Standon, arbitratorios per earn jura- tos et electos per earn et Ricardum Bursell [electos] : Mulier citatur ad viii die Augusti, illo die fuit continuatum ad diem Sabbati, illo die viz. xi die Augusti mulier comparuit, negavit articulum : die Martis proximo purgare se se quarta ; illo die • xiiii die Augusti partes comparuerunt, et continuatur in diem Lune proximum ; xx die Augusti Auicia et Ricardus Bursell Compiomisc. comparuerunt et comproraiserunt in Rectores parochialium ecclesiarum sancti Botulphi extra Bisshopisgat et Petri Brade in omnibus causis ubique pendentibus, ita quod f erant laudum infra quindenam; sunt jurati; aliter comparebunt. Ultimo die Augusti fuit continuatum ad ix dies. — f. 72. XVIII. Schordiche. — Willielmus Gyppe et ejus uxor non accedunt Not coming to ad ecclesiam diebus festivis, set tempore divinorum accep- '^ '"^^ ^" tant alios in domum suam, pro servicia vendenda, et sunt Pronubte. pronubae. Comparuerunt xv die Septembris negaverunt ar- ticulum pronubacie et alium articulum modificant : die Lune purgare se, uterque se, quarta : illo die purgant se et dimit- tuntuf. — f. 74. XIX. Omnium Sanctorum Honylane. — Thomas Potynger com- Oath taken as paruit coram commissario in domo officii xxiii die Augusti, *" '^"" ^^'^ ° uiaiTiage. et prestitit juraraentum, quod nunquara contraxhit matri- monialiter cum Margareta Hudson de eadera, ibidem presente, et confitente, quod nullum testem habuit ad probandum contractum, et ideo commissarius remisit eos regulas con- scientiarum suarum.— f. 76 b. XX. Alphegi. — Johaimes Mongoy non accedit ad ecclesiam Not coming to churcli. Oath as to contract of marriage. TROCEEDINGS IN THE COURT OF THE parochialem diebus festivis ad divina audienda, et dicit, quod non vult accedere ad ecclesiam suam nisi ad placitum suum : comparuit 5 die Septembris, nescit contradicere. Continuatur ad crastinum, vi die Septembris dimittitur. — f. 79 b. XXI. Mildrede Pultri. — Ricardus Birt et Jeva (Anglice Jyue) Walter comparuerunt coram commissario in domo officii ii die Octobris, et dictus Ricardus corporale prestitit juramen- tum, quod nunquam contraxhit matrimonialiter cum dicta Jeva, nee fecit promissum eidem super matrimonio contra- hendo.— f. 87 b. XXII. Clerk not ad- Antonini. — Johannes Belamye aquebajulus ibidem non rcctor's^con- ^"^^ admissus ad officium cum consensu Rectoris ibidem. sent. Comparuit iiii die Octobris et dimittitur. — f. 88 b. XXIII. Apostata. Clementis extra Barr. — Dominus Robertus Crowmer apo- stata citatus ad xxiiii diem Octobris ad exhibendum litteras ordinarii: quod non comparuit, suspensus a celebracione divinorum. — f. 92 b. XXIV. Diffamation. Marie at Hyll. — Johanna Gescroft uxor Johannis Gescroft diffiimavit pubHce in ecclesia Sancte Marie at Hylle Marga- retam Baxster vocando cam meretricem communem; et recla- mavit pubHce in prefata ecclesia contra edicionem bannorum habitorum inter prefatam Margaretam et Willielmum Lacy, cum quo contraxit : citatus ad xxi diem Novembris. — f. 96 b. XXV. ProimbEe. Michaelis Bassyng. — Johannes Dunkyne et ejus uxor pro- nubae Margerie Thorneton et Domino Johanni Henley, ambo citati ad xviii diem Januarii. Margeria comparuit xviii die Januarii, fatetur articulum, et dictus capellanus levavit filium suum proprium per earn a sacro fonte ; continuatur ad diem Mercurii. Dunkan et ejus uxor dimittuntur. Margeria Thorneton non comparuit, ideo suspensa. — f. 106 b. COMMISSARY OF LONDON, A.U. 1482. 7 XXVI. Boiulphi Byllyngisgate. — Johannes Sewale magister artis Jiefusai to de Chawndelerys, et alii, recusant ofFerre ratione aulas ejus- dem artis ab antique locatae pro x marcis ; et sunt a retro in solucione per vi annos in festo Paschas proximo futuro : illo die fuit continuatus ad diem Jovis post diem Cinerum, xxi die Februarii continuatur ad viii dies, illo die continuatur ad diem Lune proximum; vi die Martii, Dominus Jacobus ^^'alker Rector ecclesie Sancti Johannis in Walbroke et aliae partes comparuerunt, et compromiserunt in commissarium, ita quod laudum infra viii dies inclusive, sunt jurati, aliter comparuerunt. — f. 109 b. XXVII. Sepulchri. — Johanna Beverley apud Lessell apud Cowcross Soreci y. est sortilega, et solicitavit ii sortilegas conjunctas, ut ipsas labo- rarent, quod Robertus Stantone et alius generosus de Grayysyn diligerent earn, et nullam aliam, qui adulteraverunt cum eadem, et, ut dicitur, ipsi pugnarunt pro ea, et unus alium fere interfecit, et maritus ejus non audet morari cum ea pro ipsis ii viris ; et est communis meretrix, et pronuba, et vult intoxicare viros, quod ejus ars defecit. Et Agnes commorans cum ea est pronuba. — f. 115. XXVIII. Omnium Sanctorum Majoris. — Cecilia Bisshop executrix Refusal to pay Nicholao Bisshop recusat solvere summo altari de parochia ^^^.^^.^ ° Sancti Jacobi Garlikhith vi*. viiif/. : citacio in viis et modis. — f. 120. X^I^- ^ A.D.H82. Marie Stanyng. — Henricus Taylour et ejus uxor, they have Not confessing not resej^'ed ther howsyll at Ester, at ther parish Chirche, et uxor mariti [est] diffamator vicinorum suorum ; mulier citatur ad xi diem Mali, illo die vir comparuit et continuatur ad diem Veneris proximum. — f. 125. XXX. Nicholai 3face//.— Willielmus Parson fregit fidem Wil- Creaking faitli. lielmo Wheteaker pro convencione feni "bargen of hey" 8 PROCEEDINGS IN THE COURT OF THE ins. 'nd. xi die Maii comparuit Parson, negavit articulum, in die Martis purgare se se quinta ; quia non comparuit ideo suspensus : xi die Junii purgavit se et dimittitur. Ipse non vult solvere pro purgacione : habet diem Veneris ad dicendura causam, quare non debet compelli ad solucionem. — f. 131. XXXI. Breaking faith. Katevine Colmau. — Willielmus Weldon fregit fidem Magis- tro Ricardo Boseworthe, pro non solucione xx5. Partes com- paruerunt, xvii die Augusti partes comparuerunt ; et fatetur se fregisse fidem, et quod promisit solvere in festo Michaelis proximo sub pena excommunicacionis extunc prout extunc et ex tunc prout ex nunc ferendre, si defecit in solucione, et quod in crastino Michaelis comparebit, ad certificandum quod fecerit in premissis, et tunc tractare pro xxiiiis. ultra. — f. 152 b. XXXII. Refusal to pay FancMrche. — Elena Baker recusat solvere lumini Sancte °^' Anne ii*. aid. Mulier citata ad xvii diem Augusti, non comparuit, ideo suspensa. — f. 153 b. XXXIII. Singing the SepulcH. — Johanncs West, horner, Willielmus Andrew sivelT *^^^' ap"d le Horshede pandoxator, qui cantabant derisorie latiniam in Zeld Hall, quando erant in duodena lequest in crastino Decollacionis Sancti Johannis Baptiste : Johannes Marierd et Andrew comparuerunt ii die Septembris, fatentur de latinia, et continuatur ad le cameram. West eodem die comparuit et fatetur ut supra, et continuatur ad dictum diem; quia non comparuit, ideo suspensus ; West dimittitur. — f. 157 b. XXXIV. Heresy, Omnium Sanctorum Stanyng. — Thomas Wassyngborn ipse est hereticus; dicit quod sacramentum altaris est panis materialis : xii die Septembris comparuit, negavit articulum et comparebit die Lune proximo ad viii dies post. — f. 159 b. XXXV. Omnium Sanctorum Stanyng. — Mariona Sylwyng de paro- COMMISSARY OF LONDON, A.D. 1482. 9 chia Omnium Sanctorum Stanyngjurata super veritate dicenda Cmteniiit of xxvii die Scptembris anno Domini mccclxxxii in domo J^. ''.'""** '^"'^ . . . bauits. officialis coram commissario deposuit, quod Thomas Was- syngborn dixit; quod Christus erat falsus patri suo, dum vixit in terra; et beata Maria erat falsa qwene, Bartholomeus [et] Paulus erant falsi occisores hominum ; et ista dixit in pre- sentia Capellani parochial ibidem, Aderwyke barbitonsoris, et Jenyns, qui duxit in uxorem filiam. Testis et flet et dicit, quod uxor dicti Jenyns retulit, quod dictus Thomas, quando visitavit infirmos, dixit in Anglicis, nowe he go forte with the costardmonger. Elena Mortemer de eadem jurata ike, deponit, quod audivit dictum Wassyngborn tempore visitacionis infirmorum dicen- tem in Anglicis, wher gothe ye costardemonger, et audivit eum sic dicentem iiii vel 5. Eodem die Wassyngborn : judex prefixit ei diem Veneris ad octo dies proximum ad comparendum, et respondendum, et illo die viz. iiii die Octobris abjuravit, et dimittitur. — f. 162 b. XXXVI. Colchirch. — Willielmus Clarke contravenit juramento per Hiring foreign- eum prestito, in admissione ad libertatem London, et admis- y^_ t() work at sionis ejus in artem eorum, et conducendo alienigencias ad operandum cum eis, et habet quatuor alienigenas operantes cum eo, et modo, xv die Octobris continuatur ad adventum suum in domum. — f. 167. XXXVII. Bohdphi Algate. — Ricardus Kelly habet duas uxores Bigamy. viventes viz. Alicia Kelly, cui desponsatus erat in Hibernia, et Elisabetha Clifforde, cui erat desponsatus in parochia Omnium Sanctorum Berkyng ; et continuatur ad diem Mercurii proxi- mum, illo die partes comparuerunt et dimittuntur. — f. 174 b. XXXVIII. Petri Bi'ctde. — Thomas Cowper, et ejus uxor, Margareta, Pronub» iior- pronubae horribiles, et instigant mulieres ad fornicandum ^' " *^''" cum quibuscumque laicis, religiosis, fratribus minoribus, et nisi fornicant in domo sua, ipsi difFamabunt nisi voluerint dare eis ad voluntatem eorum ; et vir est pronuba uxori, et vult rclinquere cam apud fratres minores pro peccatis habendis : 10 PROCEEDINGS IN THE COURT OF THE partes comparuerunt xvi die Decembris, negaverunt arti- culum ; die Veneris proximo purgare se se 4 et uxor se 4 ; illo die partes comparuerunt cum vicinis et dimittuntur. — f. 177. XXXIX. Contempt of Matfelon [Whitechajjel). — Dominus Willielmus capellanus parochialis ibidem reprobavit apparitorem pro citacione testis, et percussit eum in cimiterio. — f. 179 b. XL. Subtraction of BotulpM Algate. — Godfrey Speryng cum familia non audit divina in ecclesia parochiali, subtrahit decimas et jura eccle- siastica. Vir citatus ad vi diem Februarii, et presertim puri- ficacionis Beate Marie ultimo preterito, oblaciones suas Deo et ecclesie debitas subtrahendo, sententiam excommunicationis in hac parte latae incurrendo ; quia non comparuit, ideo sus- pensus ; quia non comparuit, excommunicatus. — f. 184. XLI. A. D. 1475. • Antenuptial Matfellou. — Johanna Talbot peperit absque matrimonio, et recessit a loco ubi peperit non purificata; comparuit xvi die Novembris, et habet 3 dominicis precedere processionem nudis pedibus, in Kirtela capite flammiola nodata cooperto, in parochia sancti Dionisii. — f. 190 b. XLII. Impeding the Omnium Sanctorum Stanyng. — Willielmus Knaploke im- payment of the t •, i • u' 'U* i • c i. ny parishioners, pedivit solucionem parochianorum ibidem, in lesto Loncep- cionis beate Marie ultimo preterito ; vir comparuit xiii die Decembris ; negavit articulum ; in die Lune purgare se se iiii ; illo die purgavit se se et dimittitur. — f. 194. XLIII. Consultuig a Marie Abchurch. — Nazareth Jarbrey xxii die Februarii magician for ., .... m •• i^ a-, stolen goods, comparuit coram commissario in domo oincii, et prestito juramento super veritate dicenda fatetur, quod erat apud * Some quires of the Act Book, which contained the proceedings of the years 1478 and 1479, are wanting. The book is composed of separate quires of paper, fastened separately through the back. The remaining quires appear to have been transposed, those containing the earlier proceedings being placed last. incontmence Penance. COMMISSARY OF LONDON, A D. 147G. 11 Westmiiisterj cum Thoma Barley, in Totcll-strete, et ipse post certas oraciones factas per eundcm Thomani, ipse in- spexit in unum lapidem de berell, et ibidem vidit una vice unum virum, in certo apparatu, qui reportavit unum pixidem ablatum furtive a domo matris suae, cum pcrlis, lapidibus et aliis rebus ; et alia vice ad rogatum clerici ecclesie Sancti Georgii, iterate ivit ad domum ejusdem Thome, et ibi con- formiter, vidit unum virum et mulierem in certis apparatibus, quos non noverat, et descripto apparatu et forma perso- narum, clericus dixerat quod novit mulierem, et ipsa erat nominata Longbele ; et ista f nihil aliud fecerat, nee dixit, et continuatur ad viii dies. — f. 203. -^^^^^ A. D. 1470. Sancii Jacobi Clerkynwell. — Henricus Holden et Elena incontinence, in vice m cohabitant et non sunt nupti : iv die Maii vir com- paruit, et fatetur se desponsatum ; et continuatur ad festum Nativitatis Sancti Johannis Baptiste ad reportandum litteram testimonialem : comparuit Henricus ii die Septembris et dimittitur.— f. 313. XLV. Sancti Sepulcri. — Robertas Close fornicavit cum quadam Confession of Johanna Lacy, et cam tenet tanquam in uxorem : Robertus comparuit octavo die Maii, et fatetur, quod contraxherat cum Mariona Bryght, et matrimonium inter eos fuerat solempni- satum ; et postea contraxherat cum Johanna Lacy, nullo divorcio habito 3 et remittitur ad consistorium.- — f. 213 b. XLVL Albani Wode-strete. — Robertus Thoroghgoode fregit fidem Breaking faith. Roberto Syam, in non servando convencionem de serviendo eidem per unum annum integrum : citatus erga xvii diem Maii, et continuatur usque ad diem Lune sequentem ; illo die fuit continuatus ad diem Veneris, illo die Thoroghgoode non comparuit, ideo suspensus ; comparuit Thoroghgoode ii die Julii, et continuatur usque ad diem Veneris sequentem ; com- paruit Robertus Syam iv die Julii, et continuatur usque ad diem Lune, propter absentiam partis Thoroghgoode j com- paruit viii die Julii et purgare se, negavit fecisse tidem, super quo purgare se die Mercurii se trina manu. — f. 215 b. 12 TROCEEDINGS IN THE COURT OF THE XLVII. Breaking faitli. Sepulcfi. — Johannes Bryten fregit fidem cuidam Galfrido Damys, promittendo fide sua media, quod non prosequeretur eum in Curia temporali usque ad festum Pentecostes : Jo- hannes comparuit ii die Julii, fatetur quod non fregit fidem, set lapso termino, fecit eum condempnari, et continuatur ad diem Veneris ; comparuit eodem die Bryten et continuatur ad octo dies. — f. 223. XLVIIL Not keeiiing Andvee Bernetts Castell. — Johannes Crow seutor non servat eas-a}!,, '^^ jjes festivos, et etiam custodit communem meritricem in domo sua : citatus fuit viis et modis xxvii die JuHi : quia non comparuit, suspensus ; quinto die JuHi dimittitur, in forma pauperis ; comparuit Johannes Crow xix die Augusti coram domino commissario, et produxit duos testes fide dignos, [viz.] Johannem Belle et Patricium Samson, qui jurati de- posuerunt, quod noti fuerunt t celebrationem matrimonii apud Newcastell inter eum et Agnetem uxorem suam. — f. 225 b. XLIX. Breaking faith. SepulcH. — Ricardus Willyngton fregit fidem Ricardo Brown, in non restituendo pignora sibi deliberata, non ob- stante quod idem Ricardus sepius obtulit ei pecunias, pro quibus impignoravit eadem : comparuit Wyllyngton quinto die Augusti, et fatetur se semper fuisse paratum ad restitu- endum pignus, si solvisset pecunias ; die Veneris sequente partes comparebunt; nono die mensis Augusti, Ricardus Wallyngton dimittitur, quod pars non prosequitur. — f. 228. Irregularity in Michaelis Bassyngsaw. — Dominus Johannes .... capel- Fr^!?rr"'^ lanus matutinalis in loco bencdictionis ante sextam lectionem, alta voce dixit, intus et exterius, cum lingua lycke me inferius : citatus fuit ad xvi diem Augusti, quia [non] com- paruit, suspensus. Comparuit xix die Augusti et optinuit absolucionem, et juratur peragere penitentiam ei injunctam, xxvi die Auffusti dimittitur. — f. 231 b. COMMISSARY OF LONDON, A.D. 147G. 13 LI. Symon Merche xxi die Augusti in loco officii constitiiit Appointment Magistros Johannem Berthum, Bladlowe et Brown, pro- ^ doctors. curatores suos conjunctim et divisim, cum clausulis consuetis juxta formam Registri in presentia Gilberti Home et Thome Yonge testium I'equisitorum, — f. 232. LII. Andree Corn[Jii']ll. — Magister Willielmus Spy an predi- Pre:icliins cavit in ecclesia Sancte Andree sine licencia rectoris ejusdem o^theRector^ ecclesie, vel ejus locum supplentis, et hoc solempniter ; Baptizing a ... . n ^ • I cliild who had etiam baptisavit puerum, qui preantea luerat baptisatus, ab been prevlous- obstetrice: et tenet mulierem que nominatur Isabella Dun- '^ V'U'*'^*^^' . . . . '>^na tixposnig wyche ; in domo ejus mulier qualibet nocte jacet. Et etiam his person. predictus Magister Spyan nude transivit, in vinculo Sancti Petri, apud Olford, demonstrando cunctis hominibus sua secreta : citatus fuit Dominus Willielmus ad quartum diem Septembris, quia non comparuit suspensus ; comparuit iv. Willielmus (et) xi die Septembris, et negavit omnes articulos predictos ; comparuit Magister W^illielmus Spy am xv die Septembris et 5 purgavit se se et dimittitur. — f. 232 b. LIII. Augustini ad port am. — Dominus Johannes Harpam non Refusal to vult prestare iuraraentun obediencie Rectori suo, nee vicem ''^^''''*': "^ r I J _ ' ence to Rector. ejus gerenti : comparuit dominus Johannes Harpam xxxi die Augusti et pendet in manibus commissarii. — f. 233. LIV. Marie Muntar [Mounthaiv). — Rector ecclesie Sancte Marie Swearing, Muntaur communiter jurat per corpus et membra Christi, ..ji^^es'aTun- exercendo ludum alearum temporibus illicitis, contra prohi- lawful times. bicionem juris, et super hoc laborat fama per totam paro- chiam, et ad exhibendam pluralitatem : citatus fuit rector ad quartum diem Septembris ; dimittitur. — f. 233 b. LV. Marie Orgar. — Willielmus Wynche septimo die Septem- Oath to pcr- bris prestitit corporale juramentum de supplendo penitentiam ^""" r^^^'^^^e. sibi injungendam per eum vel per dominum ; et postca J*Jot fulfilling penanee. 14 PROCEEDINGS IN THE COURT OF THE commissarius precepit eidem^ die dominico proximo ad viii dies deliberet capellano parochiali, cum transiturus sit ad pulpitum pro oracionibus dicendis xs.; et capellanus exponet parochianis causam si dedit. — f. 234 b. LVI. Sepulcri. — Thomas Hall alias Bray Servians in pandoxa- torio apud Cervum album non implevit penitentiam suam juratam, et citatus ad xiii diem Septembris praetentum ad audiendum obiciendum eidem ; quo die non comparuit, et idem Thomas publice dixit Henrico Lowe de eadem, I defy ye commyssary, and seyd yt yer was no good prest in In- glond, but euerychone wher horeferderys : xxiii die Sep- tembris certificamur per clericum, quod littera erit pub- licata; tamen predictus Thomas non de eadera parochia. — f. 235 b. LVI I. Martin Atwych. — Alexander defamatus non venit ad ec- clesiam suam, tempore Pasche, et uxor ejus non erat purifi- cata in ecclesia parochiali, set in domo sua, per fratrem, et crastino duxit ad ecclesiam crismatorium et denarium : citati fuerunt vir et mulier xx die Septembris viis et modis xxiv die Septembris qui certificarunt quod littera fuerat executa, et contiimatur ad diem Martis proximum, quarto die Octobris, quia non coraparuerunt vir neque mulier ideo suspensi ; comparuerunt vir et mulier septimo die Octobris et continuatur usque ad diem Mercurii proximum, quia non comparuerunt ideo suspensi. — f. 236. LVIIL Refusal to pay Johanms Walbroke. — Johannes Sely recusat solvere ad ecclesiastical Qj^g^.^ ecclesiastica viz. exhibicionem clerici, luminis trabis, dues. ' et aliorum onerum, prout taxantur per assessores per eum electos : Citatus Johannes Sely ad quintum diem Octobris ; quia non comparuit, suspensus ; comparuerunt assessores septimo die Octobris et allegarunt concordatum. — f. 239. LIX. Christofcri. — Johannes Fryer et Ricardus Fryer recusant Woman not purified, &c. COMMISSARY OF LONDON, A.D. 1470. 15 solvere iconimis ecclesie de Hakkeney vii s. viii d., pro scpul- Refusal to pay tura Thome Fryer patris eorum, cujus executores ipsi fue- )i,j!'[,'|,|.)^^'}" *"''"* rant, et vi^. et octo denarios pro torchiis. — f. 239 b. LX. O. S. Magn. [All Saints the Gi^eat.) — Thomas Undyrwode Abi-awierwith , • • , • • • • i. i- -i. bis ncijrhboui's, carter communis rixator cum vicmis suis, et etiam vocavit Speakinc clericum ejusdem ecclesie hereticum, et etiam dixit quod "Siii'ist priests, omnes presbiteri, ex Salvatore nostro essent hcretici, quam oppinionem hereticus crematus post festum Natalis Domini tenebat : citatus fuit vir ad xvi diem Octobris, quia non com- paruit suspensus : comparuit Thomas xxii die Octobris et negavit prefatos articulos in die Veneris proximo purgare se se 5 ; illo die venit cum vicinis et dimittitur. — f. 240 b. LXI. Martini Otewych. — Dominus Thomas Ysakyr demonstrat Demonstrat secreta sua pluribus muHeribus in eadem parochia. — f. 253. LXII. Matfelon. — Robertus Coke committit incestum cum filia Incest. sua propria : comparuit xxx die Januarii negavit articulum in die Jovis purgare se se i. illo die purgavit se et dimittitur, et in juramento viri dimittitur. — f. 257. LXIII. Matfelon. — Willielmus juratus sub ire penitentiam Oatb to pcr- propter obprobriosa verba contra Dominum et totum officium. °^™ penance. — f. 258. LXIV. Martini in Vynteria. — Nicholaus Haukyns non audit Lying in bed divina, set jacet in lecto in tempore matutinarum et misse de •"^"'o "^''^'^'"s. die dominica in dominicam, citatus fuit Nicholaus ad viii diem March, quia non comparuit, ideo suspensus. — f. 264. (Non fiat processus.) LXV. Botulphi Bysch. — Johannes Bere difFamavit vicinos et Believing in credit in sortilegio : comparuit Johannes xiii die March et ^"'"'^^^J'- 10 PROCEEDINGS, &C. negavit prefatos articulos ; in dit3 Lune proximo purgare se se 5 ; illo die vir purgavit se se et dimittitur. — f. 265 b. LXVI. Refusal to pay Marie WolchyrcJi. — Johanna Smewen recusat solvere frater- ° " ' nitati Sancti Nicholai septem nobilia legata per Edmundum Smewen maritum predicte Johanne, cujus executrix ipsa fuit Johanna : comparuit xiiii die Martii ; dicit quod solvit vii nobilia plus quam deberet; et continuatur usque diem Martis proximum sequentem ; illo die ex consensu partium Johanna dimittitur. — f. 265 b. LXVII. A.D. 1477. Not confessing Jcicohi Gcirlyc hijgth. — Johannes Warsam skynner non erat to his own c • i j. i ^ j. i priest &c. contessus a proprio sacerdote per duos annos, et recusat sol- vere decimas ad summam \\ns. Comparuit Johannes xxix die Marcii, et fatetur se debere tres solidos, et pro isto anno con- fessus fuit in ecclesia cathedrali Sancti Pauli ; et continuatur processus usque ad diem Martis proximum sequentem ; illo die quia Johannes non comparuit, ideo suspensus ; Johannes xxii die Aprilis et continuatur usque ad diem Jovis proximum sequentem; illo die continuatur usque ad diem Sabati proximum sequentem ; xxix die Aprilis de consensu conti- nuatur ad festum Pentecostes: non comparuit, ideo sus- pensus : XX die Decembris allegatur concordia, ideo dimittitur. — f. 268 b. LXVIII. Refusal to fulfil Margarete Lothebyry. — Johannes Pynchebeke funder, pre- °^^^^- stitit juramentum coram majore de observando ordinaciones artis pistorie, et recusat perimplere juramentum ; citatus fuit vir ad xv diem Aprilis, comparuit vir illo die et continuatur usque ad diem Jovis proximum futurum : super isto dimit- titur.— f. 272. LXIX. Not hearing Petri Poivre. — Johanna Bobet non audivit divina servicia ^rvice in Lent, j^^ propria ecclesia parochiali per totos dies dominicos quadra- gesimae et nunquam vel raro venit propriam ecclesiam ; xxiii die Aprilis muher dimittitur. — f. 273. ACTA HABITA CORAM MAGISTRO DOCTORE JANE, COMMISSARIO LONDON. INFRA CIVITATEM LONDON. Pro correctione delinquentium a primo die consecracionis Reverend! in Christo patris et domini domini Ricardi Dei gratia Londonien. Episcopi factae xv die mensis Novembris anno Domini millessimo cccclxxxix. LXX. Marie Hill. — Johanna Corbett sortilega et utitur sorte- Sorcery. legiis : purgavit se cum vicinis et dimittitur. — f. 6. LXXI. Christopho7'i. — Lodwicus Ambrose adulteravit cum Elisa- Adultery. betha Reynold: citatus ad xi diem Januarii, illo die non comparuit, ideo suspensus ; xxii die comparuit et fatebatur crimen, et solvit pro redempcione penitencie iiis. iiiit/. ; unde Redeiniition of apparitor habuit pro feodo suo x^/., pro dimissione \id. et^- ' sic restat pro domino ii*., et habet ad solvendum iii^. et iiiii/. infra mensem. — f. 10 b. LXXII. Michaelis Cornehill. — Petrus Manyfeld communis pronuba rromiba. et presertim fovet lenocinium inter Jacobum Grenebarow Estirling et diversas alias mulieres suspectas, et idem Petrus violenter et furtive rapuit quandam Aliciam Burle contra voluntatem suam extra domura patris et matris ejusdem Alicie, et tenuit eandem in Camera sua per longura tempus committendo cum eadem crimen fornicacionis, et postqiiam saciatus erat de eadem, vendidit eandem cuidam Esterlingo in le Stiliard : citatus ad xii diem Januarii, illo die comparuit ct c 18 TROCEEDINGS IN THE COURT OF THE fatcbatur crimen et iterum veniat ; non comparuit ideo suspensus. — f. 13. LXXIII. Incontinence. Kateriue Cristchirc?i. — Johanna Avys fornicavit cum Roberto Bentley, et dictus Robertas custodlvit quandam Katerinam vel uxorem suam per spacium duorum annorum, et matriraonium non erat solempnisatum inter eosdem in facie ecclesie : ambo citati ad xviii diem Januarii, iilo die non comparuerunt ideo suspensi ; ii die Marcii dicta Johanna et dictus Robertus comparuerunt et confessi sunt crimen, et solverunt pro redempcione penitencie vi*. viiirf. — f. 19. Words con- cerning the mass. Perjury. Administering goods without authority of , the ordinary. Perjury. A. D. 1 490. LXXIV. Katerine Cristchirch. — Juliana Wilkyns dicit, quod quihbet presbiter potest celebrare duas missas cum una hoste omnibus diebus in anno : dimittitur in forma pauperis. — f. 41. LXXV. Johannes Hall baker, perjurator et perjuravit se Roberto Dod et Johanni Ingram arbitratoribus inter Johannem et Ricardum Smyth baker; non comparuit ideo suspensus. — f. 57. LXXVI. Magni. — Johannes Pye administrat certa bona viz. sex libros M. Oliveri Antony sine auctoritate ordinarii, ad sum- mam viii/. iii*. iiii^. ; xxviii die Marcii comparuit et negavit articulum et purgavit se 4 manu die Jovis proximo ; quo die comparuit et purgavit se cum vicinis viz. M. Ricardo Belle, Edwardo Hanson, Johanne Demy, Johanne Atkynson, et Thoma Kapis, et solvit feoda ; dimittitur, — f. 58 b. LXXVII. Michaelis Quenehith. — Willielmus Wodelake perjm*ator et perjuravit se xii hominibus, quod non vexaret Willielmum Petit.— f. 60 b. Lxxvni. Primo die mensis Aprilis anno Domini millessimo cccclxxxx COMMISSARY OF LONDON, A.D. 1490. 19 coram Magistro Doctorc Jan commissario &c. comparuit Oath to make Johannes Gunton civis et clier London, et tactis per eum r^-''"?,"^,'" r _ sacrosanctis Dei Evangeliis ad ea corporaliter juravit, de commission of fideliter satisfaciendo et solvendo Johanni Bellawe et Ricardo ' Milard, ad usura Elizabethe Medigo, cum qua commisit adul- terium et eandem imprignavit, et in recompensacionem ejus- dem dilicti, solveret iiii/., forma sequente, viz. vi die mensis Junii proximo futuro xx solidos ; in festo Assumpcionis bcate Marie Virginis tunc proximo sequente xx solidos; in festo Omnium Sanctorum tunc proximo sequente xx solidos ; ct in festo Sancti Johannis Baptisti tunc proximo sequente XX solidos. — f. 04. LXXIX. Mildrede Pultre. — Uxor Willielmi Symson communis diffa- Diffamation. mator vicinorum, et presertim diffamavit Johannam Rede, sic dicendo de eadem, quod sponsus ejusdem Johanne esset fatuus, quod crederet aliquid verbis vel dictis prefate Johanne uxoris sue, eo quod eadem Johanna est communis meretrix, et quod jacuit ad le Stevi^isside ibidem, ad Vulterando ; et cciara dum eadem Johanna erat ibidem, quidam ciphus argenti, precii xl. furatus erat, pro recompencione cujus, dicta Johanna dedit pronube ejusdem domus apud le Stewissid, unum pecium le velwet, et eciam pro ea intencione quod dicta pronuba celaret suum consilium ; et vult probare, quod omnia predicta sunt vera, quare ofFert se producere unum hakeney- man, a quo dicta Johanna conduxit unum equum, super quo illo tempore equitavit versus Crome.— f. 66 b. LXXX. Olavi Silver-strete. — Johanna Barowe nuper uxor et exe- Excciitrix not cutrix Thome George, non perimplevit voluntatem dicti ' "^ Thome, set differt de die in diem perimplere eandem, ct saltem non solvit xs. pro cera empta, et expensa, in funera- libus dicti Thome George; et eciam non solvit \is. \md. legatos arti sue, ut clare patet in testamento dicti Thome, ac eciam \is. et viiic?. legatos coexecutoribus dicti Thome George. Citata ad xxvi diem Aprilis ; illo die non comparuit idco suspensa. — f. 75. c 2 20 PROCEEDINGS IN THE COURT OF THE " Temeraria " administi'ation of goods. LXXXI. Margarets Brigestrete. — Officio intimatur, quod Thomas Strete plummer sua temeritate ministrat et in proprium et nepharium usum pervertit bona, res, debita, Jocalia et catalla ejusdem Henrici Wiser, dictarum parochie civitatis et dioc. dum vixit defuncti etc. — f. 97. Sorcery. Expulsion of wife from liis house. Suspicion of heresy. LXXXII. Botulphi Bishop, — Johanna Benet alias Warde sortelega et utitur sortelegiis : Citata ad x diem Jimii : et dicta Johanna vult accipere longitudinem hominis et facere in candelam cein et offerri coram imagine, et sicut candelam consumit, sic debet homo consumere. Citata ad xi diem Junii ; illo die non comparuit, ideo suspensa. — f. 106. LXXXIII. Anne infra Aldric?ie. — Hugo Manton expulit uxorem suam a domo habitacionis sue, nee vult permittere eam secum habitare, nee debita conjugalia ei impendere ; xxvi die Julii emanavit littera viis et modis, quia non potuit apprehendi, illo die non comparuit, ideo suspensus. — f. 131 b. LXXXIV. Botulphi Algate. — David Chirke notatur suspectus de eresi, quia vagat tempore divinorum, nee ad aliquam ecclesiam venit diebus festivis. — f. 135. LXXXV. Subtraction of Algate Stepmjth. — Thomas Colby recusat solvere suo curato titlie for house. ^ i. ■> • j i^ i j_ secundum ratum aomus sue, viz. xui*. una. et hoc est per annum xv'id., et est a retro per vii annos, et hoc ascendit ad summam ix*. uiid. : ultimo die Septembris emanavit littera viis et modis, quia non potuit apprehendi ; vii die Octobris emanavit littera suspensionis. — f. 155 b. LXXXVI. Promise to iiii die Octobris anno Domini millessimo cccclxxxx " vasrekciri"" Willielmus Wright promisit fide sua media, in manu mei Johannis Bellaw, quod satisfaceret Ricardo Smyth pistori COMMISSARY OF LONDON, A.D. 1400. 21 certa vasa electri, quas uxor janitoris de Haliwell dcliberavit uxori dicti Willielmi ad custodiendum, citra festum Simouis et Jude; et produxit Matheum Chambir, et ipse Chambir promisit nomine dicti Willielmi eundem promissum. — f. 163. LXXXVIl. Marie Matfelon. — Henricus Whitehors procurat et solicitat Piomiba. juvenculas, et servientes diversorum virorum, ad committen- dum crimen fornicacionis ; et eciam duxit quandam Marga- retam apud le Stevvsside, et ibi earn vendidit cuidam pronube. — f. 176 b. LXXXVllI. xxix die mensis Novembris coram domino commissario Promise to Willielmus Saywell et Jacobus Fynall compromiserunt in ^1.^1,0,1 ^ ''^ ^' Rogerum Hawell, Thomam Fordem, Magistrum Johannem Rede, et Willielmum Milborn in omnibus causis inter eosdem motis, saltem, pro diversis bonis in custodia, ut asseritur, dicti Jacobi Fynall, quae nuper fuerunt, ut Saywell assent Johanne Lynman alias Janakyn Lynman, nuper uxoris Frank Lynman defuncti, dum vixit de Henvylde ; qui quidam Frankus indebitatus erat dicto Willielmo Saywell, tempore mortis sue, ut idem Willielmus asseruit, in summa xx/. pro brasio, ab eodem Willielmo empto per dictum Frank; super quibus omnibus et singulis dicti Willielmus et Jacobus, fide sua media promiserunt in manu Johannis Bellaw, et uterque eorum promisit ad standum laudo et arbitrio dictorum arbi- tratorum in alto et basso, ita quod ferant laudum citra festum Epiphanie proximum futurum vel in eodem, sub pena xl*. viz. xxs. officio et xx5. ad vetus opus ecclesie Sancti Pauli ; sin autem iterum comparebunt coram dicto domino commis- sario in proxima curia, post dictum festum Epiphanie, ad audiendum voluntatem ejusdem etc. — f. 189. LXXXIX. Stephani Colman. — Johanna Foster vi oppressit in lecto Stifling infants. suo duos infantes, viz. unum eorumdem Johannis Paris, et alterum erat suum : Materia continuata est, usque dicta Johanna peperit puerum suum; comparuit. — f. 201. O'J PROCEEDINGS IN THE COURT OF THE I'ronuba. xc. Fidis.' — Willielmus Stamford, alias Paynter apparitor ar- chidiaconi London fornicavit cum quadam juvencula vocata in domo sua penultimo die Decembris mensis instantis, occasione cujus M. Ricardus Spencer uxor ejus et alii ex clamore dictae juvenculae audiverunt magnam vocem etc. Idem Willielmus notatus est pronuba inter Margaretam Tanfeld et dominum Gotehara et alios presbiteros et diversos homines suspectos a die in diem, per dies et noctes. — f. 201 b. Meretrix et conversaiur cum prsesbi- tci'is. XCI. Olavi Silver. — Margareta Heywod, communis meretrix, eciam conversatur cotidie cum presbiteris, et nonnullis aliis laicis sinistrae opinionis et mali nominis : x die Februarii comparuit dicta Margareta et negavit articulum et purgavit se cum vicinis, viz. Katerina Russell, Elisabetha Hunte, Emmela Brewer, et solvit feoda et dimittitur. — f. 207. XCII. Incest. Nicholai Coldhar. — Dominus Patricius presbiter parochiae ibidem, commisit incestum cum quadam Rosa Williamson filia sua spirituali, et cotidie conversatur cum eadem nimis suspiciose in camera sua. Vir citatus ad x diem Februarii ; illo die comparuit, et negavit articulum, et purgavit se propria manu et dimittitur. — f. 221. Adultery by priest. Idem. Nicholai Olde. — Dominus Johannes celebrans in eadem ecclesia pro anima Magistri Snoring adulteravit cum dicta Rosa Williamson. Vir citatus ad x diem Februarii, illo die comparuit, et negavit articulum, et propria manu, et dimittitur. Nicholai Olde. — Dominus Thomas Goose adulteravit cum dicta Rosa Williamson, et eciam quidam Dominus Thomas Deye tenet eandem. Dominus Johannes Goose citatus ad xxi diem Februarii. Idem. Nicholai Old. — Dominus Henricus Stocton adulteravit cum eadem Rosa, et erat deprehensus cum eadem, eo signo COMMISSARY OF LONDON, A. I). 1400. 23 etiam quod prefata Rosa erat custos canis s\u per multa tempora. — f. 221. Nicholai Okie. — Johannes Goclwyn adulteravit cum eadem hkm. Rosa Williamson et erat deprehensus cum eadem per aliam mulierem et habet uxorem satis venustam. Nicholai Olde. — Johannes Warwick quondam clericus Adulierv. mid pai'ochie ibidem adulteravit cum eadem Rosa Williamson et ^'^"jj"''' """^^'^ ob amorem illius mutilavit, et quasi interfecit uxorem pro- priam. — f. 221 b. XCIII. Marie att Hill. — Johanna Yche communis perjuratrix et Perjury. juravit super librum, quod Willielmus Brown nunquam carnaliter cognovit eandem, et dictus Willielmus fatebatur crimen, et eciam adulteravit cum Johanne Maskatt, et dictus Willielmus Smyth postea fugiit et recessit extra jurisdic- tionem.— f. 229. XCIV. Leonardi in Foster-lane. — Magister Lodowicus Kaerleon in Begetting chii- maximum obprobrium Christianorum imprignavit Marga- tenmt'of all retam servientem. suam, et misit cam ad patriam ibi expectando laws. quousque edidit partum, et post reversationem ad domum suam. Et iterum eam imprignavit ; et similiter misit earn extra civitatem et adhuc est prignans, nee curat de Deo nee de domino Rege, cui servit, nee de lege, nee de ministris legis ; et habet uxorem juvenem, qu£e certa est de istis, et omnes vicinos suos. — f. 237 b. XCV. xix die mensis Marcii comparuerunt coram domino com- claim of debt, missario judicialiter sedente Thomas Palmar et Alicia Palmer uxor Thome Palmer, qui acclamitarunt xiiii^. \'\d. sibi deberi ab Alano Atkynson nomine mutui, ad quod debitum pro- bandum introduxerunt tres testes, in forma juris juratos, scil. Ricardum Palmer, Willielmum W^hattson, et Willielmum Varley, et Thomam Huntley, qui deposuerunt tactis sacro- sanctis evangeliis, eos audivisse predictum Alanum Atkynson 24 PROCEEDINGS IN THE COURT OF THE predictum debitum, et summam ante ejus accessum ad mare sponte recognovisse pro servicia pane et aliis. — f. 243 b. XCVI. A.D. 1491. Adulterer and Johannes Milles controuller de le costomhowse commisit ^^^ ^ ' fornicacionem cum una Magistra Philippa, et suscitavit unam prolem vel duos, eciam est communis adulter et eciam blas- phemator Dei et detractor ecclesie. xxv die Aprilis comparuit et negavit articulum et purgavit se propria manu, coram domino commissario, in ecclesia sancti Pauli ; set nichil solvit pro feodis curie. — f. 245 b. XCVII. Refusal to pay Martini in le Vyntre. — Johannes Gowse recusat satisfacere domino Johanni Ryvallo salarium suum pro celebracione animaj patris sui a retro existente per dimidium anni viz. V. marcas : xi die Aprilis certificare curie quod partes sunt in tractatUj et ideo continuatur per quindenam. — f. 249 b. XCVIII. Incontinence. Andree CornMll. — Cecilia moram trahens apud le Pewterpote fornicavit cum Johanne Beucham. Citata ad xii diem Aprilis illo die comparuit mulier, et negavit arti- culum, et dominus injunxit ei ad purgandum se se 5 manu die Jovis proximo futuro ; illo die comparuit cum purgatori- bus suis, viz. Alicia Dale, Elisabetha Donwich, Johanna Eggecote, et Emma Lancelate; dictus Beucham coram domino commissario recognovit, et dixit se contraxisse matri- monium cum dicta Cecilia, et dominus super eodem eos examinavit, et mulier fatcbatur quod hinc ad ii anno[s] elapsos, unde dilexit dictum Beucham, et in mente sua erat determinata eum habere in virum suum, et ea intencione eum Reasons given diligebat et non aliter, nee pro aliqua alia causa ; set dicit quod jam non ita bene eum diligit, pro eo quod prodigaliter marriage- coutract. se liabet se in suis expensis, et in illicitis ludis expendit pecunias suas, viz. at the disc et the cardis. — f. 251. XCIX. Bartholomei Parvi. — Lovns de Movenda fornicavit cum Johanna More. Vir citatus ad xv diem Aprilis; illo die COMMISSARY OF LONDON, A.D. 1491. 25 comparuit et negiivit articulum ct purgavit se sc propria Noii-paynunt , li. 1 r J • • 1 of iocs of court. manu et non vult solvere leocla curie, ideo suspensus ; com- paruit et negavit articulum et purgavit se propria manu et' dimittitur. — f. 255. Notatur officio quod Edmundus Aldred tenet in adulterium Adultery. Johannam Stoack : xxviii die Aprilis vir comparuit et fate- batur crimen, et allegavit se contraxisse matrimonium cum Coutract. eadem muliere ; set notatur officio quod habuit aliam uxorem superstitem, et hoc instanter negavit, et purgavit se super eodem, viz. cum Johanne Bulphan, Thoma Fowler, Wil- lielmo More et Willielmo Petyt.— f. 2G1. CI. Omnium Sanctorum Majoris. — Jenycott Gaskon non erat Not confessing confessus, nee recepit sacramentum heucaristiam a suo curato, "^ letcivmg. set sine licencia ejusdem curati eandem ut dicitur recepit, in ecclesia Sancti Martini in le Vyntre : citatus ad xxix diem Aprilis ; illo die non comparuit ideo suspensus. — f. 262. CII. Stephani Colman. — Alicia Nicolson communis diffiimator Diffamation. vicinorum suorum et presertim diffiimavit uxorem Johannis Mody in Anglicis hore et prestes hore : xxvi die Maii comparuit dicta Alicia Nicolson et negavit articulum et pur- gavit se 5 manu die Sabati proximo futuro, et prefata Mody habet ad probandum verba predicta eodem die : illo die com- paruit dicta Mody cum purgatoribus suis Johanna Corbett, Gilmyn Badcoke, Johanna Webbe ; eodem die comparuit Purgation. Nicolson, cum purgatoribus suis, viz. Johanna Straford, Johanna Lenne, Elizabetha Alison, et Johanna Coo ; illo die comparuit Mody et introduxit duos testes, scilicet Aliciam Witnesses Cottisbroke et Johannem Bedill, ad probandum verba diffa- depose!^ ^ matoria predicta contra Aliciam Nicolson, quie tactis sacro- sanctis evangeliis, ilia predicta Cotisbroke deposuit se audi- visse Aliciam Nicolson hujusmodi verba protulisse; quidam presbiter nomine Ricardus misit pro prefata Mody trina vice in uno die, et finxit se egrotum ; et quod visitaret eundem, et ibi perstaret cum eo per tres horas continuas : partes compro- 26 PROCEEDINGS IN THE COURT OF THE Cornproiiilse. miserunt in Johannem Pares et Simonem Lorimer, ita quod ferant laudura citra festum Sancti Johannis Baptiste proxi- mum, et ad hoc sunt jurati; sin autem, iterum compare- bunt.— f. 267. cm. Sabbath break- CJiristofon. — Willielmus Tumour violator Sabatorura, et Not confcssii)'^ cciam non erat confessus a suo curato, nee recepit sacra- or receiving, mentum in ecclesia sua parochiali, nee vult audire divina in dicta ecclesia. — f. 270 b. CIV. Disturbing Johanms Walbroke. — Thomas Nash perturbator divinorum service, &c. ^^ objurgator, et suscitator, viz. proferens verba preterita in die Saneti Petri et in festo Epiphanie Domini, in Anglicis, what be you but horis, harlatts, et bawdes. — f. 277. CV. Haunting Fidis. — Hcnricus Persey inhoneste adheret multis tabernis, taverns. ^^ ibidem custodit malam gubernaeionem, viz. inter suspectas mulieres et malos homines. — f. 284 b. CVI. Not confessing Mttthei Friday. — Johannes Wynter non erat confessus previous to antequam erat raaritatus ; comparuit et fatebatur crimen, et Dominus Commissarius injjinxit sibi penitentiam publieam, et perimplevit penitentiam sibi injunctam et dimittitur. — f. 290. CVII. Adultery. HospitttUs SaiicH BartholomeL — Magister Johannes Belle adulteravit cum quadam Margareta Sanfeld, et detinuit eandem per septem annos publiee in civitate Eboraci, per tres annos, quae peperit tres proles per eundem. Item predictus Magister Bell tanta levitate et voluptate inductus et affectus, cum predicta Margareta nuper esset in comunieando de contra- hendo matrimonio, ex adverse veniens eam sic est conjuratus. Fy on the harlott, what hast thow but of me, nother hose, nor shoo, nor kirtill, nor gown, but all of me ; if I see the speke eny more with hym, I shall kutt of thi nose, pretextu quorum verborum predicta Margareta est extra se jam posita et totaliter demens effecta. — f. 292 b. COMMISSARY OF LONDON, A.D. 1401. 27 CVIII. Margarete Lothbury. — Nicholaus CalfF et Radulphus consiiirators Austen communes susurones, conspiratores, et libertatum ^''."'x'"!? . . . pnests, &c. ecclesiasticarum contradictores, violatores, ac eciam in quan- tum possunt eversores, nomina sinistra sacerdotibus im- ponentes Anglice, horson prestis et horemongeris ; eciam sic dicendo, I wold ther wer never a prest in Ingland. xxviii die Junii comparuerunt et expresse negaverunt, et dominus dimisit eos quia honesti sunt. — f. 293 b. CIX. xxi die mensis Junii anno Domini millessimo cccclxxxx Witnesses to primo coram domino commissario comparuit quedam Ma- 'TI^^'^Jl" j^""*'^ tildis Blankett, quondam ut asserunt uxor legitima cujusdam Johannis Blankett, sibi intimavit et demonstravit, quod eadem Matildis dictum Johannem virum suum ab ejusdem Matildis consorcio conjugali per tempus et tempora xviii annorum et ultra jam ultimo preterito, absentem expectavit, et jam nuper de ipsius obitu verissimas habuit presumpsiones, Robertum Tod et Hugonem Manton civitatis London, coram nobis publice in judicio tanquam testes, ad perhibendum testi- monium de et super obitu prefati Johannis mariti sui pro- duxit sibi, humiliter supplicans, quatenus eosdem Robertum Tod et Hugonem Manton de et super obitu ejusdem Johan- nis viri sui diligenter examinare curaret. Dictus dominus commissarius supplicacioni suae hujusmodi inclinans, eosdem Robertum et Hugonem de et super obitu prefati Johannis mediantibus primitus juramentis suis corporalibus diligenter examinavit, qui sic examinati deposuerunt, quod prefatus Johannes apud pontem civitatis London, tempore quo le Bastard Fawkynbrigge jam ultimo insultum fecit, ibidem interfectus erat, et hoc dicunt se scire pro eo quod fuerunt et sunt consanguinii dicti Johannis nuper defuncti, et bene ipsum noverunt, et viderunt eundem Johannem mortuum super pontem predictum. — f. 294. ex. Georgii Botulph lane. — Lodowicus Contrey ve contemptor Contempt of curiae pro eo et ex eo quod idem Lodowicus injustc vexavit, <^o"i''^ '» '^"'^s'^- 28 PROCEEDINGS IN THE COURT OF THE ing an ajjpa- ritor. ac arestari fecit, Jacobum Patenson apparitorem juratum, nullam justam causam habens, set ex causa odii et propter execucionem officii sui et mandati judicis, eum ut presertim vexavit et turbavit minus juste, in magnum contemptum curie, ac in non modicum dampniim et prejudicium dicti Jacobi ; cujus pretextu et occacione vexacionis et turbacionis predicti, nonnullas expensas fecit et exposuit ad summam XXX 5. Citatus ad xx diem Julii, illo die non comparuit ideo suspensus. — f. 308. Not confessing nox" receiving. CXI. Marie at Naxe. — Simon Paviour non fuit confessus tem- jjore quadragesime. nee recepit sacramentum heucariste in tempore Pasche : Citatus ad xx diem Julii, illo die non com- paruit ideo suspensus : vi die Augusti eraanavit littera excommunicationis. — f. 309 b. CXII. Pronuba inter SepulcH. — Johanna Cuttyng communis pronuba, et pre- pics > ^^'J*'' c. j^p^j.jj^ inter presbiteros, fratres, monachos et canonicos, et eciam inter Thomam Peise, et quandam Agnetam, et eciam inter Johannem Pynd et dictam Agnetam. Citatus ad xx diem Julii.— f. 311 b. Vexatiously prosecuting. Witnesses to prove the contrary. CXIII. Dunstani in Occidente. — Galfridus Curst injuste vexavit Johannem a Boron, pro eo quod dictus Curst prosequebatur eundem, coram domino commissario pro violacione fidei ; qui quidem Johannes nunquam fidem fecit eidem Galfrido, pro solucione alicujus summe pecuniarum, propterea idem Jo- hannes petit expensas ab eodem Galfrido sibi adjudicari, et eciam pro eo et ex eo quod dictus Curst defecit in prolacione non tantum condempnari in expensis, set eciam pro sua in- justa vexacione puniri. Citatus ad xx diem Julii, illo die non comparuit ideo suspensus : xxvii die mensis Julii dictus Curst produxit duos testes, viz. Willielmum Markeham et Johannem Catson et tactis per eos sacrosanctis evangeliis, ad eajurarunt et uterque eorum juravit, quod presentes erant ubi et quando dictus Boron fecit fidem dicto Curst. — f. 312. COMMISSARY OF LONDON, A.D. 1491. 29 CXIV. Botulphi Aldriche. — Johannes Mannyng communis usnr- Cominunis pator, pro eo quod prestavit Ricardo Turnor x\\d. super "^"'l'"'"'- unam kirtelam, et dictus Johannes vendidit dictam kirtelam pro summa v*., et non vult tradere dicto Ricardo kirtelam suam, nee residuum pecuniarum : Citatus ad xv diem Julii, illo die non comparuit ideo suspensus. — f. 312 b. cxv. xxvi die mensis Augusti anno Domini millessimo cccclxxxxi Wilhelmus Jamys certificavit se citasse Robertum Pykyn ad comparendum, ad hos diem et locum; viz. in ecclesia parochiali Sancte Ethelburge infra Bisshoppisgate civitatis London : illo die ex mandato judicis, dictum Robertum voca- tum, preconisatum et diucius expectatum, nullo modo com- parentem, dominus commissarius pronunciavit contumacem ; et in penam contumacie sue hujusmodi, ab ingressu ecclesie earn suspendidit in scriptis : eodem die, tunc et ibidem, coram Suspension for domino commissario, et in presencia mei Johannis Bellawe, °o"-appear- ' i ^ ancc upon notarii publici, Iconimi ecclesie parochialis sancte Ethelbrige citation, predicte comparuerunt et produxerunt Thomam Egerton [et] Stephanum Freman ; qui tactis per eos sacrosanctis Dei evangeliis corporaliter jurarunt, et uterque eorum juravit, deposuerunt et uterque eorum deposuit ; qui presentes erant in quadam camera, situata infra rectoriam ecclesie paro- chialis sancti Botulphi, extra Bishoppisgate ; ubi et quando audiverunt quendam M. Johannem Pykyn, tunc rectorem Detainin ^ bertus Byrde, gardiani, notantur officio, quod temere admi- nistrant officium suum, viz. quod temeritate eorum sues et cetera animalia defodiant cimiterium. Comparuerunt, et dominus monuit eos, quod curent dictum cemiterium in- cludi, aut muro, aut sepe, citra vigiliam Animarum ; et ha- bent ad certificandum tunc. — f. 30. cccxxv. xix° Decembris, in domo registrali. Having sus- Margareta Williamson notatur officio quod utitur potu pected books. . i i ti • amatorio, et habet iibros suspectos; comparuit et latetur quendam librum in pergameno esse penes Henricum Devell, cui dominus assign avit ad introducendum Iibros quos habet suspectos in proximo ; est diraissa. — f. 45. CCCXXVI. Primo die Februarii. Using enchant- Bowe. — Willielmus Browne notatur officio, quod utitur nients for ^j.^g masica ct incantationc equorum : comparuit et fatebatur ciu'e or horses. ^ _ _ '^ * , , quod colligit certas herbas et alias mercatur et dicit Orationem Dominicam quinquies, Salutationem Angelicam quinquies, et ter Symbolum Apostolorum, quibus medicinis sanat equum a morbo vocato the fasshyns : cui dominus assignavit ad audi- endam voluntatem suam in proximo. — f. 52. CCCXXVII. xvi'° Maii in ecclesia cathedrali divi Pauli, London, coram Magistro W. Clyff. Havinfr two Whitechapel. — Alicia Colens notatur officio quod duos husbands. habet maritos superstites, unum in civitate Cicestrensi, viz. Pleading tlic legality of it, Willielmum Merys, et alterum in civitate London, viz. Ra- COMMISSARY OF LONDON, A.D. 1527. 103 dulphum Colens : comparuit et fatebatur quod Willielmus licr first hus- Merys erat superstes, tempore quo contraxit matrimonium anotheiMviie cum Radulpho Colens de sua scientia; set tum credebat quod liciter potuit contrahere matrimonium cum prefato Ra- dulpho, non obstante priori contractu, pro eo quod idem Merys habuit aliam uxorem superstitem. Interrogata an ipsa et dictus Merys erant divorciati per sententiam alicujus judicis ecclesiastici ; respondet et credit quod nulla talis sententia erat lata ; et dominus assignavit ei ad intro- ducendum sufficiens testimoniale ex quo constabit Merys precontraxisse cum alia superstite etc., die Veneris ante festum Jo. Baptlste, vel alias eo die ad recipiendam peni- tentiam. — f. 63 b. CCCXXVIII. xxiiii die mensis Septembris, coram domino in domo habi- tationis sue. SancH Botulphi Byllyngsgate. — Johannes Johnson notatur incontinence. officio quod vixit et vivit incontinenter cum Johanna Duke, Sancti Dunstani in Oriente. Comparuerunt coram domino, et fatebatur articulum quod cognovit earn carnaliter, et sub- misit se etc.; et dominus monuit eum ne decetero habeat suspectum accessum ad eandem Johannam, neque converse- retur cum eadem. Item injunxit ei quod inter festa Pasche et Penthecostes proxima, precedet processionaliter, more pe- nitentis, in ecclesia parochiali Sancti Botulphi, cum candela cerea, unius libre, in manu sua, tribus diebus Dominicis con- tinuis, inter dicta festa ; et quod processione ingressa offeret cereum suum principali imagini; et ad certificandum prox- imo die juridico post festum Sancte Trinitatis. Premissis omnibus et singulis sic gestis dominus ex certis Remission of justis causis predictam penitentiam remittendo et relaxando, V*^"*"''^''- injunxit eidem Johanni Johnson, ne ejusdem mulieris con- sorcium de cetero suspecte frequentaret, aut exerceret ; et insuper quod prefatus in die Purificationis ipsius mulieris seu die sequente tribueret et daret decem libras sterlingorum pro Dowry of £lo ipsa muliere maritanda ; quam injunctionem idem Johannes *^ •^S'^''"- sponte subivit et perimplere promisit, vel penitentiam pre- dictam publice peragcret, casu quo in solucione dictorum 104 PROCEEDINGS IN THE COURT OF THE nummorum deficeret, injunctum fuit sub pena excommuni- cationis. — f. 89 b. CCCXXIX. xii° die mensis Octobris, anno Domini predicto. Remission of Sepulcri. — Robertus Glasebridge comparuit et fatebatur se penance by gggg iurisdictionis domini episcopi London, et parochie Sancti virtue ot an *' . \ '^ '■ indulgence. Sepulcn, et quod excusavit Johannem Scape a peractione publice penitentie, alias dicto Johanni injuncte, virtute et auctoritate quarundam indulgentiarum Sancti Lazari de Burton. Et deinde exhibuit copiam earundem indulgen- tiarum, quam dimisit penes registrum, et habet ad audiendum voluntatem in proximo. — f. 93. cccxxx. Decimo quinto Octobris. Commutation Andrse Eschepe. — Willielmus Rogers notatur quod vixit in a di'vorer ^^^* amplexibus adulterinis cum Elizabetha Hope ; comparuit et bhouid liappcn, fatcbatur carnaliter se cognovisse dictam Elizabetham Hope, unde submisit se correctioni et reformationi domini ; unde dominus sibi injunxit penitentiam infrascriptam, viz. quod nudis tibiis, toga et camisia solum indutus, cum candela cerea unius librae, incedat processionaliter ante crucem duobus die- bus Dominicis citra festum Sancti Andree proximum futurum. Dominus tum ex gratia ac ex certis justis ut asseruit causis eum moventibus, et presertim ne inter prefatum Willielmum et uxorem suam divortium contingeret, si hujusmodi delictum uxori sue manifestaretur, ac etiam ne similis separatio inter dictam Elizabetham et maritum suum accideret, commutavit penitentiam predictam, in opera charitativa infrascripta, viz. quod idem Willielmus inter Christi pauperes et incarceratos civitatis London, prout et ubi devotio eum excitabit, dis- tribuet et eroget xxs. pro pane comparando in usum pre- dictorum pauperum et incarceratorum, applicando citra festum Annunciationis beate Marie Virginis proximum futurum ; vel predictam penitentiam realiter peragat, sub pena sententie excommunicationis ; et ad certificandum de predicta ero- gatione vel penitentia proximo die Veneris immediate se- quente. — f. 93 b. COMMISSARY OF LONDON, A.D. 1527. 105 CCCXXXI. Septimo die mensis Decembris, in domo residencie domini commissarii. Hampton. — Margareta Sawnders notatur quod potionibus Destroy infr an infantulum in utero Johanne Byrde interemit: comparuit et ^"^J^^'lJ *" dominus oneravit juramento eandem et Johannam Byrde, de fideliter respondendo articulis per eum objiciendis, et ob- jecto articulo Johanne Byrde negavit eundem. — f. 102 b. CCCXXXII. [Eodem die.] Omnium Sanctorum majoris. — Johannes Hamet notatur Excommunica- quod vivit incontinenter cum Margareta Slacke alias Bate : [o°s\!^ar^"'''"^ comparuit, et dominus monuit eundem ad prestandum jura- mentum super certis articuHs anime sue salutem concernenti- bus; et recusavit subire juramentum expresse, quare dominus eum excommunicavit, prout in scedula. — f. 102 b. CCCXXXIII. Tricesimo die mensis Decembris anno Domini predicto. Marie Magdalene in Mylkestrete. — Johannes Maynerde Commutation comparuit coram domino (uti dominus asseruit). Dominus gj.i^"^"^'^' * *® (visa primitus ejus contritione, et ne derogaretur opinioni sue liavmg become ratione peractionis hujusmodi penitentie, ahas ei per dominum injuncte, et quia crimen ahas per eum confessum non ad- modum erat notorium nee pubhcum) commutavit hujusmodi penitentiam, in opera pietatis infrascripta, ut asseruit domi- nus, viz. quod exponat xx*. pro panibus, incarceratis in Nue- gate, et ceteris carceribus ubi ei visum fuerit optimum con- ferendis, per eum citra festum Johannis Baptiste proximum futurum ; alias quod in festo eodem peragat penitentiam prius ei a domino injunctam; et habet ad certificandum de peractione injunctionum hujusmodi, proximo die juridico, post festum divi Johannis Baptiste. — f. 105 b. x° Januarii anno Domini M" v*^ xxvii" in ecclesia Cathedrali divi Pauli London, comparuerunt Johannes Grene et Rogerus, 106 PROCEEDINGS IN THE COURT OF THE qui prestito per eos juramento deposuerunt se accepisse xxs. a Johanne Maynerd, ad emendum panes, pro incarce- ratis in Nuegate, Ludgate, Marshalsee, et Kynges bench, etc. * * * * Twenty nobles Deinde dominus juramento oneravit dictum Johannem iud^e in com- Maynerdc stando arbitrio suo, in limitatione compensationis pensation for Johanne Scatheham, quam idem Johannes carnaliter cog- seduction. , . . , . • T novit ; quo juramento prestito, dominus taxavit dictam com- pensationem ad xx" nobiles, solvendam quando exigentur aut per dominum aut per dictam Johannam, et dimisit par- tem.— f. 106. CCCXXXIV. Octavo die mensis Februarii, in domo officii. Incontinence. Thomas Tost habet ad recipiendam penitentiam istis die Oath taken to . , . 7 . . . . give dower. et loco ; comparuit et submisit se correction! et penitentie domini, ad quam peragendum juravit et insuper juravit de dotando juxta arbitrium domini; et habet ad recipiendam penitentiam tertio Marcii ante meridiem. — f. 113. cccxxxv. viii° die Maii anno Domini predicto [1528]. To introduce fVestham. — Robertus Fawnce habet ad introducendum lit- cence^ ^ "" '^ teras declaratorias innocentie sue : comparuit, et quod fate- batur quod sepe non interfuit divino officio, dominus monuit Penance. eum quod die Dominica proxima flectat genua nudis tibiis et pedibus etc. — f. 124 b. CCCXXXVI. viii die Maii anno Domini predicto. Defect in pur- Johanna Thurston habet ad purgandum se trina et se compurgators quoad Jo. Grocer. Quo die comparuit et introduxit Sybillam refuse to swear Prgston, Andrianam Chester, Johannam Sockwell, et Editham "de creduli- . . . . tate." Crosse, in compurgatrices suas ; et quia compurgatrices pre- dicte recusarunt prestare jurameutum de creduHtate, idem dominus pronunciavit cam defecisse in purgatione, et dominus monuit eam ad recipiendam penitentiam in proximo. — f. 125. COMMISSARY OF LONDON, A.D. 1528. 107 CCCXXXVII. xxii^° Mail anno Domini predicto. Margareta Hunt comparuit et introduxit in compurgatrices Curing divers suas Johannam Boxhed, Elizabethan! Martyn, et Eliza- bethan! Wylkynson, in compurgatrices suas ; et dominus oneravit prefatam Margaretam Hunt de doctrinis immunitatis et compurgatrices de credulitate sua in hac parte. — f. 126. Elizabetha Martyn, parochie de Bowe, etatis xxiiii""^ an- norura vel cerciter, dicit quod novit Margaretam Hunt per tres annos. Dicit in vim juramenti, quod in primo accessu ad domum dicte Margarete Hunt, ista deponens monstravit dicte Margarete brachiura suum male habens, et tunc ipsa Margareta in terrogav it ipsam deponentem de nomine ipsius, et ipsa retulit nomen ei esse Elizabeth. Et ulterius dicit quod ipsa Margareta docuit banc deponentem ut colligeret quas- dam herbas, et cum ungeret brachium suum succo dictarum herbarum, tunc diceret Orationem Dominicam quinquies, Salutationem Angelicam toties, et semel Apostolorum Sym- bolum in honore Sancte Trinitatis, Sancti Spiritus, Sancti Ive, et sancte Et tunc apponeret pannum ceruleum, Anglice a blew clowte, brachio suo. — f. 126 b. * * * * Margareta Hunt comparuit, quam dominus oneravit jura- mento ad dicendum veritatem quam noveret in hujusmodi causa, et dicit quod primo interrogat nomina eorundem male habentium, et quod, then she knelys downe, and prays the blessed Trinite to save them and hele them from all ther weked enemys ; and then she techeth them ix nights for to sey V pater nosters, v aves & a crede, & iii pater nosters, iii aves & credes, in the worshyp of Seynt Spyrite ; & when the [y] take ther chamber & go to bedde at night, to sey one pater, one ave & one crede in the worshypp of Seynt Ive, to save them from al envy: And then for them that lye seke of For cure oi the the ague, she techeth them to gether herbe-grace, peneryall, '^^"'" redde sage, redde fenell, and the barre rote, before the son downe, so that it be the last dryncke that the syke drincketh at night ; & for them that hath ony sorys on ther bodys, she For sores, techeth them to gether herbe-grace, dyll verveye, marygoldes. 108 PROCEEDINGS IN THE COURT OF THE put a lyttill holy water to them, & sey sume prayers ; & when she stampethe to sey iii pater nosters, iii aves, and a crede, in the worshyp of our Lady, yf it be a woman that stampeth ; & if it be a man he must se [say] iii pater nos- ters, iii aves, & a crede, in the worshypp of Jesus. Et quod deducit predictam doctrinam in Cambria a quadam muUere vocata mother Emet. — f. 127. CCCXXXVIII. Quinto Junii in domo officii. Healing horses, Ehzabeth Fotman comparuit coram domino et fatebatur, that she toke the mense rodd & put it to the horse bely that was syke of the botts, & made crosses on a caryers horse bely, in the Meydens hedde, in Seynt Gylys in the feld, wher she dwellyth abowt ii yere agoo, and the horse rose up by & by & was hole, & that the seid rodde did grow besyde the Rhodes, and that she had it of M. Sutton. Healing the Elizabetha Foteman notatur officio quod she used to hele tooth-ache. ^^^ ^^ ^y^^ tothe-ache & the wormys in chylders belys, & getheryng of herbs yauyng over them, et habet ad pur- gandum se vi** m.anu et se, super hujusmodi articulis, die Veneris post meridiem. — f. 128, 128 b. CCCXXXIX. xiiii° Julii [1529]. Marriage con- Walterus Hyde comparuit coram domino in templo divi sencV o/r no- Pauli, et fatebatur quod impregnavit Agnetem Durrant, et tary. arrcpta dext[r]a ejusdem Agnetis, prefatus Walterus in pre- sentia mei Jo. R. notarii publici, et Johannis Gierke civitatis London, protulit verba in Anglicis sequentia, viz. I Walter take the Agnes to my wyfe, & thereto 1 plight the my trothe; et dicta Agnes habuit eadem verba conjunctis dextris, et promisit de ducendo earn in uxorem, circiter festum Mi- chaelis, unde dominus dimisit partem. — f. 178 b. CCCXL. xix° Julii anno Domini predicto. Disturbing a MichacUs QuenehUh.— J ohiiuna Carpenter notatur officio shrwas"^^*"" quod perturbavit Margaretam uxorem cujusdam Chamber COMMISSARY OF LONDON, A.D. 1529. 109 ex vicinis suis, tempore acceptionis euchariste in ecclesia. rocoiving the Quo die comparuit, et fatebatur quod arripuit dictam Marga- ^"'^ ''^^"' " retam per brachium, tempore quo dicta Margareta procum- bebat, coram summo altari, in ecclesia sua parochiali Sancti Michaelis de QuenehytHe ; et quum erat parata sacramento euchariste, et quod dixit eidem Margarete verba in Anglicis sequentia, viz. I pray you let me speke a worde wyth you, for you have nede to axe me forgyvenes, before you reseyve your rights ; et dominus assignavit eidem ad videndum testes contra eandem produci, in proximo. — f. 179. CCCXLI. vi° Augusti in domo officii. Waltamstow. — Willielmus Kechyn comparuit, quem domi- Entering the nus absolvit a sententiis suspensionis et excommunicationisetc. *^''"^*'''' ^^^"S , , , excommuni- et fatebatur quod in vigilia Pasche post meridiem arabat cum cate. bobus, et quod non obstante, quod curatus dicte ecclesie sue parochialis narrasset sibi, quod pro suspenso et excommuni- cato in dicta ecclesia parochiali fuerat denunciatus, tamen idem Willielmus dictas censuras contemnendo ecclesiam suam parochialem antedictam ad audiendum divina est in- gressus. — f. 185. CCCXLIl. XV '° die mensis Junii anno predicto, in domo officii etc. Quo die comparuit Margareta Day, et object© ei articulo Detaining a fatebatur quod detinebat quedam legata per M. Thomam »'^''^' Nicolls capellanum defunctum, et presertim quoddam legatum videl. quendam annulum cuidam religiose legatum, et duo pulvinaria ; et quod promisisset introducere eundem annulum cum predictis pulvinaribus, per certum diem et eodem ab hunc annum. Quare dominus pronunciavit cam incidisse in majoris excommunicationis sententiam ipso facto. — f. 212 b. 110 PROCEEDINGS IN THE COURT OF THE LIBER ACTORUM in officio Generalis Commissarii Reverendi Patris Domini Johannis, London Episcopi, civitate London, et Decanatibus Middlesex et Berkynge. [Tho. Barrett, LL.D., Commissary.] Commencing Hillary Term, 29 Hen. VHL Adultery. Begetting a child. Appointment of deputy. CCCXLHL Tercio Vulstani xxii" Januarii, in loco consistorii London, coram Magistro Johanne Storye, Commissario, &:c. Fyncliley. Officium domini contra Ricardum Kynge. — Notatur officio domini, fama publica referente, quod com- misit adulterium sive fornicacionem cum Mariona Aps parochie de Fyncheley predicte, sorore naturali Alicie Pyps alias Aps, et eandem Marionam carnaliter cognovit impreg- navitque et prolem masculinam ab eadem suscitavit; quam prolem dum viveret suis impensis alimentavit, ac se se pa- trem dicte prolis publice confessus fuit; et quod post pre- missa dictam Aliciam Pypys alias Aps, sororem naturalem dicte Marione sic carnaliter cognitam, que adhuc vivit, de facto in uxorem duxit ; quam quidem Aliciam suam uxorem pre- tensam, in presente habet superstitem, et secum commoran- tem. Quo die dominus substituit M. Johannem Smyth in legibus bacallarium loco suo, et commisit sibi facultatem quoad omnia et singula in commissione sua expressa exer- cenda et expedienda, et quociens et quando eam abesse, vel adesse contigerit etc. presentibus G. Kidd et Ricardo Clonye etc. testibus etc. : quo facto idem M. Smyth assumpsit in se onus commissionis hujusmodi, et decrevit procedendum fore juxta tenorem ejusdem. Deinde comparuit Ricardus Kyng, et objecto sibi per dominum articulo predicto, fatebatur se carnaliter cognovisse dictam Marionem, circiter vi vel v annos elapsos; et quod postmodum ipsa Mariona peperit prolem masculum ; set an ipse fuit pater dicte prolis dubitat ; tamen fatebatur se alimentari fecisse dictam prolem, sumptibus suis, nomine patris. Et quod post carnalem copulam cum eadem Mariona, et eam exercitantem, duxit prefatam Aliciam Pypys COMMISSARY OF LONDON, A.D. 1539. Ill sororem naturalem dicte Marione in uxorem suam, nulla dis- pensacione obtenta; quam adhuc habet secum commoran- tem ; et allegavit quod propter dictum crimen commissum Con-eptinn cum dicta Mariona fuit vocatus coram ordinario suo, et per orji''j'^i.V'' eum castigatus, et correctus. Quo facto dominus monuit eundem ad comparendum iii° Pauli, in hoc loco, hora con- sueta, ad dicendam causam quare non debet seperari et di- To say why he vorciari a dicta Alicia uxore sua pretensa, occasione premis- separated from sorum ; et penitentia publica et condigna non debet sibi in- li>f pretended jungij juxta confessata per eum. — f. 50 b. CCCXLIV. Tertio Blasii vi*° viz. Februarii, anno Domini 1539"°, in ecclesia cathedrali divi Pauli, London, loci consistorii ibidem. Officium domini contra . — Quo die in pub- Blasphemy, lica curia blasphemavit Christum publice jurando by Goddes bloode. Quo facto dominus monuit eundem ad comparen- dum iii° cinerum respondendum certis articulis concernenti- bus blasphemiam predictam. — f. 58. CCCXLV. Tercio Perpetue et Felicitatis, viz. x" die mensis Marcii anno Domini predicto, in loco Consistoriali, London, coram M. JoHANNE Storye, Commissario Generali, etc. Fanchurche. Officium domini contra dominum Willielmum Purifying a Peyr curatum ibidem. — Ad recipiendum articulos idem Peyr jjo^gg" habet, quo die comparuit idem Peyr, quem dominus jura- mento oneravit, super certis articulis etc. ; monuit cui, quod purificavit quandam mulierem in domo Barnardi de Geen ; qui respondet et fatetur eundem ; addendo quod celebravit missam privatam ibidem, absque licentia ordinarii ; Celebrating; et eciam respondet quod recepit litteras denunciatorias ad without licence' denunciandum eundem Barnardum suspensum, et quod de- "^ <'^*^'"''>^>'- nunciavit eundem suspensum ; et postmodum dominus monuit eundem Peyr ne celebret infra jurisdictionem Lon- don, et a celebracione divinorum suspendit. — f. 67. 112 PROCEEDINGS IN THE COURT OF THE CCCXLVI* Notice of the In Dei nomine, amen, Nos Henricus Cole, juris doctor, re- pioceeding by vcrendi in Christo patris et domini domini Edmundi, per- the king's au- missione divina London episcopi, vicarius in spiritualibus generalis, et officialis principalis, necnon infra civitatem Lon- don ac decanatum de Berkyng commissarius generalis, auc- toritate serenissirae regie majestatis in hac parte legitime ful- citus legitime procedentes. — f. 257. LIBER COMPERTORUM ET ACTORUM coram officiali CoLCESTRiE, incipiente 20 Octobris, 1540. CCCXLVII. Comperta et detecta [in vi]sitatione Venerabilis viri Ma- gistri RiCARDi Coren, Sacre Theologie professoris, Archidiaconi Colcestrie, in ecclesia parochiali de Walden, etc.— f. 1. Irregularity in Elsenham. — Notatur per Willielmum Savell, Nicolaum srr'^S'Tnr^Thurgoode, Willielmum Stoke et Johannem Wailet iconi- being out of mos ac gardianos ecclesie antedicte, y* the chauncell is decayed, in tylyng and in selyng, over the blessed sacrament. The curate dothe not dutie in saying of his devyne service in due tyme ; it is many times noone or he hathe done masse : on Saturdais after the sone goyng downe he saithe even-songe : and that ther was no sermon made syns the Kynges proclamacion came forthe, but one wiche a other prest made : also our curate is not contente to receve his tithes charitable, but arguythe withe his parishioners, & beyng then oute of charite. And on Ester day laste paste, a poore woman, callid one Craknell, knelid downe at Godis borde, to have reseived the sacrament, and he past bi, and saide y' she ought him a grote, and untill she hade pro- mysed the payment of it, he wold [not] mynyster. — f. 3. * This notice of the assumption of the Supremacy in Ecclesiastical Causes by King Henry VII I., occurs on a blank leaf towards the end of the volume. ARCHDEACONRY OF COLCHESTER, A.D. 1540. 113 CCCXLVIII. Comperta et detecta [ut an tea] in ecclesia parochial! divi Petri Colc[estrie]. Milend. — Notatur per rectorem dicte ecclesie, y' there is Tlie rcctur hxs nother clerke, nor sexten, to go withe him in tyrae of visi- gcxton. tacion, nor to helpe him say masse, nor to rynge to servyce. — f.4. CCCXLIX. Parochia Sancti Martini. — * * * * Johannes Prior notatur per eosdem iconnimos, y' he is a A 5^^^' ^f^'^^ A . . >" time 01 ser- greate talker in the churche, and especially in tyme of vice. servyce. Comparuit et fatebatur articulum, et dominus injunxit eidem penitentiam publicam ; et habet ad certifi- candum in proximo. — f. 5. CCCL. Comperta et detecta [ut antea] in ecclesia parochial! de Witham.— f. 5 b. Tolleshurd militis. — The sexte day of October presented at Requisition Witham, before Mr. Officiall ther sittyng, thes articles "r puius"-*^ ^^ following, bi me, Richerd Baldwyer, parson of Tolleshunt ™^"t- Knyghtis. Also the said Thomas Lawrence the Saturday before Myd- somer day last past mete me in the Kynges hye waye from Salcote Wigborow, and ther smote me and strake me sondry and diverslye, contrarye to Goddis law, and the Kyngis ; wherfore I demaunde & requyre the said Laurence to be excommunicate, and for his excommunication to be punyshed, as the law will, to dredfuU example of other. Also wher for lacke of a parishe [clerk ?] lawfully chosen bi the parishe, & admytted bi the ordinary, I was con- strayned to chose me one George Ponde, whiche hathe ben admitted bi you, and hathe helpid me this xviii weeks past, to ministre sacramentis & sacramentallis, w* all other devyne service notw'standyng the[y] will note through the meanes of Laurence pay him his wagis ; wherfore 1 desire you se[e] redresse. — f. 7 b. I 114 PROCEEDINGS IN THE COURT OF THE CCCLI. Apud Coxsall. Parson mis- Colne Wake, — Notatur per iconimos dicte ecclesie y* the churchyard : parson mysuslthe the chiircheyard, for hogis do wrote up also allowing o-raves, & besse he in the porche, and ther the pavements be persons to die o ■' r ' i without " how- broke up and soyle the porche ; and ther is so mych catell or s n . yt usithe the churcheyard, y* it is more hker a pasture, then a halowed place ; moreover he is note able to kepe the cure, for ther be divers y* hathe died w*oute howsill or shrifte, throw his defaute, for he is slake and slowe. — f. 8 b. CCCLII. Die Martis viz. Octobris, anno Domini millessimo quin- gentessimo quadragesimo, in ecclesia parochiali de Kei- vedon, coram Magistro Johanne Clerke, officiali Colc[estrie].— f.9b. To certify of Coxsall. — Buterissa Garrarde contra Robertum Rodyn in to receive quadam causa difFamationis sive convitii. Rodyn habet ad greater pe- certificandum de penitentia alias ei iniuncta sub pena sus- nance, it it be ^ . . . "^ , , not done. pensiouis, et ad recipiendum majorem penitentiam, casu quo non peregit penitentiam, juxta judicis mandatum etc. Quo die comparuit Roden et asseruit, quod non peregit penitentiam, sed promisit peragere penitentiam suprascrip- tam etc. ; et habet ad certificandum de penitentia alias injuncta, in proximo. — f. 10 b. CCCLIII. Die Mercurii viz. xii" die mensis Januarii anno Domini pre- dict© [viz. 1540]. To repair Fairistede. — Iconomi ibidem habent ad reparandum omnes divers defects. ^^ singulos defectus in dicta ecclesia, citra festum annun- tiationis beate Marie proximum; viz. to by a loke to the fonte, and to kepe it from wormes commynge in, and to holde water ; to mende payment [pavement ?] of the church, to rynge to even-songe on Saterdaiis and other festivall evens, and to mende the sipte and the porche w' other necessarys to the same belongyng ; and to provide the churche goodis shalbc forthe comyng and take sufficient ARCHDEACONRY OF COLCHESTER, A.D. 1540. 115 : Suerties for delyverance of the same gooddes at all tymes : and also for to so the obetis to be ke[)id ; alioquin ad com- parendura proximo sinodo post festum Pasche, et ad red- dendum compotum parochianis, et rectori ibidem, de bonis ecclesie : xxviii° die comparuit Robertas Gyves et promisit quod Iconomi reddent compotum citra proximum, et habet ad certificandum in proximo etc. — f. 24. CCCLIV. Die Mercurii viz. xv° die mensis Januarii anno Domini predicto in ecclesia parochiali de Walden coram domino officiali etc. Radwynter. — Dominus Johannes Kendall notatur quod Concerning , , , , . . . 1 T 1 celebration of ceiebravit duas missas una, prms jentaculo dissoluto post mass, celebrationem unius misse. — f. 25 b. CCCLV. Die Mercurii viz. decimo die mensis Marcii, anno Domini predicto, in ecclesia parochiali divi Petri Cole, coram domino officiali etc. Westwoode contra Donnyng. — Westwode habet ad pro- The truth not ducendum alios testes : Quo die Westewodde allegavit quod fear oTparent" mulier non ausa est veritatem fateri, ob metum parentum, quare petiit earn sequestrari, in domum honesti viri ; ad cujus petitionem dominus cam sequestravit, in domum cujus- dam honesti Johannis Stokes de Leirbreton, sumptibus Westwodde, usque ad finem litis, sub pena juris. Et incon- tinenter dominus ad petitionem Westewodde publicavit dicta testium, in presentia Donnyng personaliter comparcntis, quam dominus sequestravit ut supra: partes moniti sunt ad comparendum in proximo, ad videndum ulteriorem pro- cessum in dicta causa viz. die Mercurii ante Dominicam Ramispalmarum. — f. 34 b. CCCLVI. Dictis die et loco comparuit Ricardus Kitchyn clericus, Admission of iegittime consti tutus in ecclesia parochiali de Myalcigh, ijcneficc. uuacum capclla de Manytree, London diocesis, archidiaco- I 2 116 PROCEEDINGS IN THE COURT OF THE natusque Cole, prout plenius patet per litteras reverendi patrls et domini London episcopi, alias nobis directas, et petiit se induci in realem, actualem et corporalem posses- sionem dicte ecclesie cum membris et pertinentibus ejusdem. Ad cujus petitionem dictus dominus officialis eundem Ri- cardum inducendum fore decrevit, primitus prestito jura- mento de obediendo dicto domino archidiacono, suisque successoribus, ejus officiali et ceteris ministris, seu officiariis in omnibus licitis et honestis : ac etiam quod solvet, seu solvi faciet, dicto archidiacono et ejus successoribus, pro- curationes, sinodalia ac omnia alia jura archidiaconalia, tam de jure, quam de consuetudine solvi consueta : super hiis juramentum prestitit corporale tactis per eum sacrosanctis Dei evangeliis. — f. 36 b. CCCLVII. Die Martis viz. ultimo die mensis Maii anno Domini pre- dicto [viz. 1541] coram officiali antedicto, in capella de Kelvedon. Words said Coxsull. — Johanna Gore notatur per iconimos dicte ec- Cathdic* faith desie, quod exhalavit nonnuUa verba contra eucharistiam, &c. fidem catholicam ac laudabiles usus ecclesie sancte matris; et presertim verba in Anglicis sequentibus, viz. the light y* is set afore the sacrament of the auter, and the money y' is gathered to maynten it, is but a papist fashion & popery. Comparuit et negavit articulum, et iconimi habent ad probandum articulum. — f. 53. CCCLVIII. Die Lune videlicet secundo die mensis Januarii in capella de Manytre coram officiali antedicto etc. Commutation WycTces. — Johannes Rothe senior habet ad certificandum of penance. j^ penitentia alias ei injuncta, et ad purgandum se sexta manu, in proximo sinodo. Dictis die et loco comparuit, et defecit in purgatione ***** Dimissus est hanc ob conditionem, that he shall lay xx" lodes of gravell, et habet ad certificandum quando requisitus est, etc. — f. 68. ARCHDEACONRY OF COLCHESTER, A.D. 1541. 117 CCCLIX. Die Jovis videlicet xix"° die mensis Januarii etc. in capella de Kelveden coram officiali antedicta. Dictis die et loco comparuit Magister Ricardus Balde- Messenger at- • T . 1 HT 1 1 • tends to excuse wyer nuntius specialis per curatum de Markesley missus, ^ sick curate. et allegavit causam absentie dicti curati, viz. adversa vali- tudine detentus est, quominus potuit venire ad juditium absque maximo periculo corporis ; quare petiit ipsum ex- cusari et causam ejus differri usque in proximum, et pro- misit introducere ipsum curatum in proximum : viii** die mensis Februarii B. adhuc allegavit prout prius allegavit ; quare petit a domino officiali ut descendat in parochiam de Marks Tey gratia examinandi parochianos, de moribus et conversatione dicti curati ; ad cujus petitionem dominus decrevit parochianos ibidem monendos fore ad comparendum die Martis in prima septimana quadragessime. — f. 73 b. CCCLX. Colne Wake. — vii™" die mensis Februarii in quadam Absolution ap- bassa aula infra rectoriam de Colne Wake sita et situata messen-^er^^ in mei Nicholai Williamsone in legibus baccularii f^'o™ sick per- ac notarii publici, comparuit M. Willielmus Harvy clericus, et viva voce mihi notario antedicto intimavit, atque de- nuntiavit, quod Agnes Boner vidua de Colne antedicta fuit et est adeo decrepita ac in senili etate constituta, ac etiam tam impotens et imbecillis, quod non potuit venire ad juditium, absque magno periculo corporis, ad petendum beneficium absolutionis, a sententia suspensionis, alias in ea lata. Quare petiit, ac me notarium antedictum instanter rogavit, quatenus dominus officialis voluit ipsam habere excusatam, ac vices suas, rectori de Colne Wake comittere gratiam impendendi ei beneficium absolutionis etc. — f. 76. CCCLXI. Die Jovis. [10 Feb.] Dovercourt. — Ricardus Dovercourte notatur per WilHel- Not offering, mum Davys curatum ibidem y* he wolde not offer up his candill to the pi-est[s] hande. 118 PROCEEDINGS IN THE COURT OF THE Of prayer for Item y' praier doth not prevaile nor helpe souls departede. departed souls. /. „q CCCLXII. Die Lune [27 Feb. 1541], Celebrating MarTces Teij. — Dominus Hugo Sherwyn curatus de Markes mass without a^ ,, ■> ^ ^ , ■ ■, ■, • liglit, and other Acj notatur quod celebrat missam absque lumine. irregularities. Item quod circumvehit sacramentum euchariste in sinu suo absque reverentia. Item quod fovet lenocinium tarn verbis quam factis. — f. 79. CCCLXIII. Die Jovis [25 October, 1542]. Testimonials of Quo die Magister Alexander Logan curatus de Erlys- priests' ordors admitted. combc exhibuit litteras testimonials suscepti presbiteratus ordinis quas dominus admisit [etc.]. — f. 88 b. CCCLXIV. The church- Avdeley. — * * * Item we do present that our vile beasts. "^ churcheyardc is in decay, by the vicar and the parson, because that the vicar doythe latt the churcheyarde, to them that usythe it wythe vile bestes. — f. 89. CCCLXV. Sancti Egidii Colc\]iester]. — We do declare and certifie that [of] xxxvi howselyng people, the one halfFe off them usualy comyth not to the paroch churche, uppon the Sondey and holey days. "Boiiyng and Item that WiUielmus Makyn and Kateryn hys wyffe gulling" dunng j^gpy^he a comon ale-hows, and kepythe common resort off lyght persons ther, bollyng and gullyng, at divine ser- vice tyme ; and thei have bene warnyd theroff by the constabelles off the parocche divers tymys, and yet it is not amendyd; and the said Kateryn, by reson theroff, doythe not come to the chyrchc to divine servyce, skant ons in the quarter. * * * — f. 90 b. ARCHDEACONRY OF COLCHESTER, A.D. 1542. 119 CCCLXVI. Dedham. — * * There is clivers chapman that doythe Chapmen sell 1 • 1 their wares in resort to the towne wyche do sell ther wares ther in the service time, servyce tyme, wyche is distorbance to the people wel dis- posyd to serve Gode. — f. 91. CCCLXVII. Horkesly. — * * . Jacobus Enfytt withholdeth chyrche Church stock. deuty, that is to say, a chyrche cowe, the wyche is a rent to the reparation of the chyrche y. xvi. d by yere. Debet iiii yeres. CCCLXVIII. Laver de laihay. — We do present that Sir Wylliam, curat t)u eating meat rv> 1 111 1 • 1 ^ 11 1 in Lent. oil the same parocche, dyd say that it was not lawiuU, that wyte met shulde be etyn in Lent. Curatus negavit articu- lum, habet ad purgandum se iiii% cum se, in proximo. Item the said curat bewryythe the confescion off one Bewrjing con- Edward Westewod off the said parocche. xxv'" die mensis '^^^'°"- Octobris, dominus injunxit eidem penitentiam. * * Item the day off purificacion off women, the said curat On churching wyll not tarey for them, bot say messe or thei come, all ^°™®"- thought he doy [doth] knowe off yt ; contrarey to the usage off other curates * * * — f 91 b. CCCLXIX. Patyswycke. — Item that the parsonage is in gret decay, On expulsion of and is the fawte of Syr Wylliam Harbotell ther, our parson ; eurfbyTe '"' and forthermore that the said Sir Wylliam Horkbotell parson, con- cannot off hymself serve ower said parocche accordyngly wishes of the as it owght to bee -, neverthelesse he haythe such a prest parishioners, as is gude and sufficyent, to discharge hym in hys cower, and the parocchyners well content wythe ; wyche preste the parson intendythe to expelle, and pute away, and to the gret dysquietnesse off all the parocche, and contrarey to ryght or gude concyence ; to the gret hurt and damage off hymselffe and the parocche also ; wherfore we hertyley desyer your gude masterschepe, that yow beyng put in autorite to se and to execute reformacon, in suche deffawtes ; that yt may ., I 4 -f- 120 PROCEEDINGS IN THE COURT OF THE Oil secret de- claration of fault to the judge. plese yow to commande the said parson Harbottell, to apere her or at Keldon at your next courte, and that we may halve knolege off the day ; to the entent that we may ther declare in hys presence, suche maters and causys as we ar bownde in concience, by our othe to do. Item we thynke a gret defaute in Sir Robert, parson off Maxall, for hys gret resortyng to a howse in our parocche ; wyche we shalbe glade to declare secretelye beffore yow, and hym, at suche tyme as shall plese yow. — f. 94. CCCLXX. Die Mercurii [34 October]. Solemnizing OffiUum domini contra dominum Willielmum Bekerstaffe, out licence of ad promotionem M. Willielmi Wright. — Dominus Willielmus rector. Bekerstatfe notatur quod solemnizavit matrimonium inter Ricardum Yarde et Margaretam Godfrey parochianos Sancti Leonardi in villa Cole. ; in ecclesia parochial! de Grenstede, absque licentia rectoris Sancti Leonardi. * * * * Dominus eundem a celebratione divinorum suspendit. * * — f. 96 b. CCCLXXI. Not living in charity. Die Jovis [14 December] . For dam. — Symon Patryke notatur quod nunquam ibat ad lectum in charitate per spatium xx'' annorum. * * — f. 100 b. CCCLXXII. Die Mercurii [7 March]. Exhibition of Hugo Hullcy crat admissus ad sacros ordines presbite- ktters of or- ^^^^^^ .^ ^.^^^ ^^ Lichefelde anno xxvi'" regis.— f. 110 b. CCCLXXIII. Die Martis [22 May, 1543] . Custom of Coggleshall. — Dictis die et loco comparuit Thomas Clarke ^nSpSglhe ac similiter comparuit Richardus Trew, et fatebantur se non drinking. observasse judicis decretum, viz. that y* haith not maid ii mo torches, nor yet kepede the drynkynge in the parishe of Coxsall, accordynge [to] the laudable use and custome of ARCHDEACONRY OF COLCHESTER, A.D. 1543. 121 the same parishe. Quare judex decrevit y' y^ shall make ii sufficient torches, betwyxt this daie and the feast of Saint John Baptiste next ensuynge, and delyver them unto the churchwardens accordynge to the laudable usage and cus- tome of the same parishe, to the use of the same churche of Coxsall: alioquin judex monuit prefatos Thomam Gierke et Ricardum Trew ad comparendum coram eo isto loco, die Marcurii viz. xxvii™° die mensis Junii proximo futuro, ad dicendam causam quare non debent excommunicari etc. — f. Ill b. CCCLXXIV. Die Mercurii [27 June]. Tey Magna. — Robertus Dawe subtrahit a dicta ecclesia Subtraction of a certen cloth called carpet clothe, to lay before hie aulter, at ^ '^^^^^ all hie and solempne festes, given by his father in his lyfe to the said churche. — f. 114 b. CCCLXXV. Comperta et detecta in visitatione dicti domini archidiaconi [a.d. 1541].— f. 129. In Decanatu de Witham. Tolleshunt Major. — * * * ^^q [^the churchwardens Suffering a for- complain] y* the vicar do[th] not fynde a sermon in all j^l'hig'house!^" the yere : habet ad providendam, cuin omni festinatione infra quarterium. Also the vicar suffereth a wife to resorte to his house, the whiche woman was forbydyn by Mr. Antony Darcy and the cunstable, [viz.] the [wife] of Barett of the same parishe. Dominus injunxit ipsum vicarium quod non permittat illam mulierem ingredi in domum suam. * * * — f. 130. CCCLXXVI. In Decanatu de Sampforde et Newporte. Walden. — * * * Our paryshe pryst hath hantyde Haunting taverne[s] at unlauful tymes, so y* he is not redy to do his duetie and office in the churche. Also our chantere pryst, Sir James Braughton, haith not Not maintain- 122 PROCEEDINGS IN THE COURT OF THE ing good ser- helpe to mayntene goode serves, in the quere, in syngynge Sr" "^ and redynge. * * * CCCLXXVII. Not finding a Famam. — First, we complaine y*^ oure parsone do denye clerk for tlie »- •/ x. •> week-days. "^ the Kyng^s sylver, y* shulde be destrybutede [to] our pore parishioner] s. * * * j^^j^^ ^^^ parsone shulde fynde us a clerke for werkynge dais, of aulde custome usyd this hundrede yere and more, and now he do denye us. — f. 131. CCCLXXVIII. In Decanatu de Lexden. The constable Worminforde. — * * We present William Lynne, a great dis- ii*i. quieter. the constable, y* he is a commyne dysquietor, trobler, and a letter of God servys, for he did give a commandement to the ayell-howses, to provide mete and drynke to be solde, at the tyme of dyvine servys, as welle as at other tymes. * ***** £ 132. CCCLXXIX. Tlie church- Horkysleij parva. — Memorandum that the xviii'i^ ^aie of make periodi- October, in the yere of our lorde God, a. M. cccccxli, it cai a,ccounts of ^^s ordvnede and aa;reyd, by the consent and assent of all monies re- *' g j ^ j ceived. tho paryshoners, of Litill Horkysley, that the churche wardens of the same towne from tyme to tyme being schall alwais frome thens forth, gather and take up all the fermes of the churche kyne, and other summes of money belong- ynge to the saide churche of Litill Horkysley ; and the said churche wardens to make a trew and perfite counte of the same fermes, and other summes of mony to the parishoners, ever of the next Sonday after the feast of All Sayntes.— f. 133 b. CCCLXXX. The vicar not Complainte of Edmonde Stretam. vicar of Kelvedon. — allowed to go -'^ '' . . into the vestry * * * Item the clarke y* now is will not suffer y 1 16 c er -. ^j^^ g^- j ^j^^j, ^^ g^ Jj^^q ^]^g vestry at his plesur, but loke him furth. * * * ARCHDEACONRY OF COXCHESTER, A.D. 1541. 123 Item, there is not caryed holy-water, nor ryngyng to even-songc accordyng as the clerke shuld do, w' other dueties to him belongyng etc. — f. 134. CCCLXXXI. Tey parva. — .* * * John Lyes, of Litill Teye, Divers duties doth present y' Sir Richard, parson of Litill Teye, do not ^^^ ,"usou!^ ^ his duetie in the churche there ; for the said parson doth matens & masse or other parishe do go to mattens ; nother he saith non evyn-songe upon the Saterdaie at any time in the yere : also he said no masse upon Corpus Christi daye, and upon our Lady day in Lent last passede : nether he halowyd the fonte at Wytsontyde last. Item he made no holy water upon Trinitie Sondaie ; neyther holy brede the same daie. Item he say no masse at any tyme upon the weke daye. Item the said parson useth Anne, the wife of Roger Slewe, commynly, and wille not sease for no warnynge etc. — f. 135. CCCLXXXII. Billa querelatina Johannis Abell de Bergholte. — f. 138 b. Item of Mydsomer last past ther was no evensonge said Being absent in the parishe churche of Bergholte; for when masse was j^^"™ j^^^^pg^gQ^' done, the parson went to Colchester, & taried ther all the ^^ying without next day ; and John Greme's wif of the parishe being very sluift. seke, sent for the parson bi divers, to have receved the rightes of the churche, but he could not be founde, & so she died w'^out howsull or shrifte. * * * Item the parson nor his depute did not declare the pater noster, the Ave, the crede, nor the commaundments this ii" yer.— f. 139. CCCLXXXIII. Die Jovis [10 Nov. 1541]. Colne Ingane. — In quadam causa difFamationis sive con- Pcnance. vitii, ad instantiam Magistre Elizabetlie Veer, de Colne Yngane. * >ic * Dominus injunxit eidem peni- tentiam hoc modo, viz., y' he shall c;o on Sondaie nextc 124 PROCEEDINGS IN THE COURT OF THE to Maistres Veer, before viii honest men, and the churche wardens, and the queste men, with the curate, and there shall say after this manner ; Maistres, where I have spoken slaunderous words upon your husbande, I am sorre for it, and do desire youe to forgive me ; et habet ad certifi- candum in proximo. — p. 150. LIBER ACTORUM tempore venerabilis viri Magistri RiCARDi CoREN, sacre Theologie Professoris, Archidia- coni Colchestrie, supreraa auctoritate Regia ecclesiastica, in hac parte fulciti, coram venerabili viro Magistro JoHANNE Clerke in Legibus Bach., dictique domini Archidiaconi officiali. * * * a. d. 1542. — f. 1. CCCLXXXIV. Apud Kelvedon. Die Mercurii [27 June, 1543]. Giving a dog Wliite Notky. — Johannes Ellys notatur y* he did give holy bread. j^j^ dogge holy brede, and so did contempne the hole cere- monie of hole brede. [Penance enjoined.'] — f. 13. CCCLXXXV. Die Lune [23 July]. Hunting upon Andreas Mylner, Johannes Thorpe [et] Johannes Thedam Sunday. notantur that they do hunte upon the Sondaie, and haith bene warnede thereof, and wille not sease : comparuerunt ac prorsus articulum denegaverunt : quare dominus eos monuit sub pena juris ut observent Sabbatum etc. et sic dimissi sunt. — f. 15 b. CCCLXXXVI. Comperta et detecta in visitatione antedicti domini Ar- chidiaconi inchoata primo die mensis Octobris anno Domini predicto prout plenius patet in libro visitationis dicti domini Archidiaconi.— f 22 b. Keeping cos- Tollesbury. — * * * Item certen men in the ARCHDEACONRY OF COLCHESTER, A.D, 1543. 125 towne do kepc cossetts, which continually do frequent the "pts to tiie an- churcheyarde and sitte in the porche by nyght to the noyans paiish. of all the parisshe ; that is to say, John Owthynge, Thomas Sayer, and John Sayer. — f. 25 b. CCCLXXXVII. Walden. — * * * Andrewe Brette [and others]. Not paying^ to les wille not paye to the 1 Kyngis injunctions. — f. 27 b. Thes wille not paye to the holie lofe in contempnynge the CCCLXXXVIII. Ecclesia Sancti Egidii. — Concernynge the articles in this Not coming to presente visitation proponede and maide manyfest, under the ' vertue of an othe, by the reverent Jugge of the said visi- tation, unto us John Fennynge and William Jonys churche wardens, and John Bowre and William Warner quest men, for the discharge of oure consciencie towchynge oure othe : We fynde y* Robert Barkham dothe not comme to the churche upon hye Sondays, nor holy days ; but is lurkyng at home, and every body y* wille go to him to be shaven, he is redy to shave them, and dothe shave them, upon suche days, as though they ware his commune workynge days, to the gret evill example of other ; and ofFendith other devoute peple, causynge them to speke and thynk more concernynge this matter than they wolde. He cane goo upon the workynge days into the feldes and other places, for such thynges as he lyketh, but cane not comme to the churche, at suche tymes as he shulde. We marvell thereat. Item John Jonsone (a shomaker) kepeth his bedd upon the Sonedaies and other holy days at tyme of mattens and masse, as it ware a hownde y* shuld kepe his kenell, havynge no respecte to God nor saynt : which lewyd con- dition we may nott commende nor hyde. * * * * _f. 28. CCCLXXXIX. Coggleshall. — * * * We present Thomas Pay- On election of koke y' he hath broken an old awncient and laudable *°''''^'''^'''^^°- custome of o"" churche, in makynge of torches, that haith bene usid every oute of mynd of man. And that the 126 PROCEEDrNGS IN THE COURT OF THE same Thomas is elected to be one of the torchewardyns, and doth refuse to take upon him the same office, accordynge to the laudable custome of the same parishe. * * * — f. 28 b. cccxc. No priest to Nigra Notley. — In primis we present y' the Kyngis in- Sk)ners''ir' junctions were not rede in halfe a yere in the foresaid Lent, &c. parishe. Item the vi Artycles were rede but ons in halfe a yere there. Item that dyverse tymes in the Lent last there was no prest to confesse the parishioners. Item we knowe nott where to seke the prest when nede is, in tyme of Goddis visitation. * * * — f. 29. CCCXCI. Die Veneris [7 December], Withholding Walden. — * * * Dictus Andreas Brett fate- thrciracifix. batur se non fecisse debitam reverentiam crucifixo seu cruci ut Cristianus debeat : continuatur in proximo. — f. 36 b. CCCXCII. Die Lune [5 May, 1544]. Penance. Walden. — Dionisia Constable * * * Domi- nus injunxit eidera penitentiam publicam * * * viz. That on Sondaie next, in Litill Walden chapell, openly e, after the procession be commede into the said chapell, [she] shall saye thes wordes — naburs, whereas I have ofFendende God and comraenwelth, in that youe have had me in suspection of ille-lyvinge w' George Wakefeld, I cry God mercy, and am sorie for it; and I praie youe be in love and charitie w* me. — f. 45. CCCXCIII. Comperta et detecta in visitatione [etc.] inchoata iiii'° die mensis Octobris [etc.]. — f. 54. Vicar keepeth Avdeley, — * * * Item there is an exclamation a woman m his ^pQ^ Sir Ric. Borowc, maistcr vicar w' us, by cause of house sus- ^ 1 • 1 1 • 1 piciously. a woman, whos name we knowe not, which he kepithe contynually in his house, whiche the parishioners are muche ARCHDEACONRY OF COLCHESTER, A.D. 1544. 127 ofFendede thereat; and also causis muche troble in the parishe of disqyetnes ; for it is thought by us y* he kepith her contrarie to Godds lawes, and we ar sure contrarie to the Kynges injunctions. In consideration whereof we desire to have a redresse in y' behalfe. — f. 55. CCCXCIV. Fordani. — * * * Item our parishe prest can- The priest can- . If "°* ^^y service not [say] his dyvyne servyce quyetly in the churche, for in the church dissention and busynes, y' John Colfelde [hath], w' honest Jf^J^'J^;;"^^ men in the churche ; and this troble all the paryshe. — f. 55. busiuess. cccxcv. Mvlend. — * * * Item the said parsone dothe The parson , , . TIT 1 nil checkcth the checke his paryshe, lykenynge them unto galled horses, parishioners, when they be rubbed, they will wynce : spekynge it in the ^^• pulpyt. Item we present John Colte mysseusing his tonge w' chidinge aganest the said parsone, in the chirche, in servis tyme and in the tyme of his sermonde; sainge unto him, prest, fyndest y*^ in y^ boke, y* my bake is gallede. f. 55 b. CCCXCVI. Muche Braxstede. — * * * John Stokton, of Talking and Inford, usith to resorte to Muche Brastede chirche, and ^I^^JJ'JJ" ^J *^^ there talketh in the tyme of dyvyne servys, in the churche yarde, swerith before the yonge people by the lyffe, blude, wonds, and sydes of our Lorde. — f. 56. CCCXCVII. Westemersey. — Certifinge youe yt the vicar haith not Not sitowing shewede his parishioners the worde of God accordinge to **^® ^^^^^- i o loners the word the statute, and moreover we have but one prest where of God. we shulde have twayne, and often tymes none, for because he give so litill wages y* there can no man lyve, and so the parishoners is not servyd, and the Kynge lose[s] his right. * ^' — f. 57. 128 PROCEEDINGS IN THE COURT OF THE CCCXCVIII. Decimo Octobris anno supradicto, coram officiali ante- dicto, in domo honeste mulieris Ravyn, prope ecclesiam de Witham moram trahente. Provision to be Kathcrine Baddowe sworne and examinede, saith be the made tor child, i t t t t if a child be vertue 01 her othe, y* she did dwelle w^ Thomas Hardmge °™' of Witham iii yeres and iii quarters [etc.] * * [Dominus] injunxit eidem ut sequitur — That he shall finde the childe, if she be w' childe, and make the yonge woman a honest mends, at the discretion of Mr. Officiali of Cole, for the tyme beinge; and also goo iii Sondaies abowte the churche, w' a candill of iid. pryce, and declare the cause why he haith done it [etc.]. — f. 57. CCCXCIX. [17 Dec. 1544.] Carrying off a The presentment of Leirmarney. having^u chris- '^^'' Robert RadclifFc, the parson, Sir Hugh Hulley, the tened else- curat, John Moot and Edward Longe, the chirche wardens, Robert Cammoke, Thomas Stede, Ric. Cammoke, questmen. We, the above-namede chirchewardens and questmen, do present one John Turnor, the yonger, dwellinge in the same parishe, beinge a maried man, sainge that he doth occupie, use, and kepe one Maistres Katerine Reidon, late wife of Christofer Reydon, widow, and haith had by hir a child; and the said Kateryne Reydon was preveyley delyvered of her child in the foresaid parishe of Leyrmarney; and the child, without any knowlege other to the parson or the parishe prest, taken and caryed away by night, beinge unchristened, by too women ; of whome the mydwife was the one, unto a place callio Wrabnes, xvii myles from Leir- marney, or there abouts where they caused the child to be christened : and this is openlie knowen ; and more- over the said John Turnor, the yonger, hanteth, and useth still, the foresaid woman, against all the parish oners myndes dud wiiles, and also against the lawes of God. * * * — f. 62. COMMISSARY OF LONDON, A.D. 1540. 129 LIBER ACTORUM in Consistorio Episcopali Lon- don, tempore Reverend! Patris domini Edmundi BoNERi, London Episcopi.* In Termino Fidis, anno Domini millessimo quingen- tessimo quadragesimo, regnique illustrissimi in Christo principis et domini nostri Henrici Octavi [etc.] tri- cesimo secundo. cccc. Tercio Fidis ix" viz. die mensis Octobris anno Domini predicto, in loco Consistoriali Episcopali London in ecclesia Cathedrali Sancti Pauli ; scilicet coram Vene- rabili viro Alagistro Hexrico Cole juris Doctore officiali [etc.] — f. L Officium Domini motum contra Johannem Petyte. — Notatur Selling books officio domini, faraa publica referente, quod violavit diem '" ' "" '^^' Dorainicam ; viz. vendendo libros, tempore concionis, apud Crucem Sancti Pauli. Comparuit et fatebatur articulum objectum, et submisit se correction! domini : unde dominus monuit eundem, ne de cetero violaret Dominicam etc., sub pena juris, et sic dimisit eundem pro hac vice. — f. 3. CCCCI. Tercio perpetue felicitatis x" Marcii 154[0]. O. D. promotum per M. Smyth et Devynsheir gardianos Absence of ecclesie Sancti Olavi, contra dominum Willielmum Barton, servke"^""* * * * Dictus dominus Willielmus Barton absens fuit a divinis officiis, in dicta ecclesia, viz. frome lawdes, making of holy water, procession, and all hygh mas; and * The following note is entered on the last itritten page of this book : — Nota quod dicto iii° die Aprilis, 1545, viz. die Parascephes tempore divini officii quidain pauper scolaris Universitatis Cantabrigie, furtive cepit hunc librum a dumo mei predicti Roberti Johnson [ Regis trarii], tunc interessentis divinis officiis ; et non habui aliquam de eodom libro noticiam, usque ad diem Sabbati xixi" viz. diem Septembris anno 1556. K 130 PROCEEDINGS IN THE COURT OF THE that by reason of his absence the lawds wer said and not song. * * * Dominus ad petitionem eundem assignavit ad audiendam voluntatem suam super confes- sionem hujusmodi iiii*" Gregorii. — f. 47 b. CCCCII. iiii'° Marcii, a.d. 1541. Eating flesh on Q J) contra Thomitm, Gaqe \de Cressing]. — Idem dominus the vigil of the . . .... . Nativity of our vicarius generaKs objecit eidem Thome, personaliter presenti, ^ ^' quod est detectus officio suo, fama publica referente, that upon our Lady even the nativitie last paste, in the house of the said Thomas Gage, the same Thomas and Matilda hys wyfF, w' their servauntes, dydd eate flesshe wettyngly and contemptuously ; an [d] to the yll example of other people ; et oneravit eundem Thomam juramento corporali, de fideliter respondendo articulo hujusmodi objecto etc. Deinde ex- aminatus in vim juramenti sui super articulis hujusmodi, respondet et fatetur, that upon the vygyl or eve of the Nativitie of our Lady last past, this respondent and the said Mawde his wiff, with his servaunts and certeyn other personnes to the numbre in thole of xiiii or xv, which wrought w* hyni the same day in harvest worke, thynkyng and supposyng the same vj'gyll or eve not to bee a fastyng day; and upon no contempte or wylfulnes, as he saith, dydd eate flesshe-meate, both at brekefast and at dynner: and that after dynner the same day, this respondent, his wife, and other the personnes aforesaid, being informed that it was a fastyng day, dydd abstayne from eatyng eny more flesh that day ; and dydd take no other refection all that day and nyght after, but oonly breade and drynke, as he saith : and further, he saith that he, this respondent, at the tyme of eatyng the said flesshemeat, dydd know the same day to be our Ladyes Eve ; but whether he ought then to have forbourne flesshe, by commandement and usage of the Churche or not, he dyd not then knowe, as he saith. \_Monition to appear again.']— L 124. [27 Apr. 1542.] Penance there- Comparuit personaliter dictus Thomas Gage, et submisit se correctioni domini etc. ; et tunc dominus injunxit eidem, on. COMMISSARY OF LONDON, A.D. 1542. 131 quod die Dominica ad septimanam, tempore offertorii alte misse, offeret unum cereum ponderis unius librc, Sacra- mento altaris, et finito oflfertorio, declarabit populo ad hostium chori in medio ecclesie causam penitencie, viz. eo quod vescebatur esubus carnalibus vigilia Nativitatis beate Marie ultimo elapsa, et quod jejunabit pane et aqua tantum, duobus diebus Veneris proximis [etc.] — f. 135. CCCCIII. [6 May.] O. D. contra dominum Edmundum Trevell, parochie Sanctl w.aring secu- Anthonini. — Coraparuit dictus dominus Edmundus veste seculari et indecenti ut apparuit indutus ; quern dominus monuit quod de cetero induat se, et incedat veste clericali et decenti etc. sub pena suspensionis a celebratione divi- norum, infra diocesim et jurisdictionem London. — f. 137. CCCCIV. [13 May.] Colchurche. 0. D. contra dominum Willielmum Bull, cura- De ministra- . •i-j J. ,1- J, TV' 'i 1 tione sacra- lum ibidem. — h; ^ * Dommus monuit eundem ,,,^,^(j vuigari- ne de cetero ministret aliquod sacramentum verbis vul- 1^"^ verbis. garibus, set juxta morem et consuetudinem ecclesie Angli- cane, hactenus usitatam, donee et quousque aliter statutum et ordinatum fuerit, auctoritate domini nostri Regis, et monuit eundem ad comparendum personaliter iiii'^ Corporis Christi [etc.]— f. 142 b. ccccv. [21 June.] O. D. promotum per Ricardum Harvye et Robertmn Mar- Controversy shall de Kelvedon, contra Edmundum Streteliam. — Compa- ,^,,(1 !,,« iiansii- ruerunt personaliter dicti Ricardus Harvv et Robertus Mar- ''""^'■■' «'>"cerii- , n 1 • . . 1 . Hig the Gospel. shall, et detigerunt et denunciarunt dictum dominum Ed- mundum Streteham, jam personaliter presentem, de heretica pravitate ; asserentes et affirmantes, quod idem dominus Edmu- ius, die Sancti Georgii ultimo elapso, in domo Johannis Beacham, infra dictam parochiam de Kelvedon, cum idem Ricardus Harvy commendaret sermonem, eodem k2 132 PROCEEDINGS IN THE COURT OF THE die in ecclesia ibidem antea factum, dixit et respondebat ut sequitur ; If the precher doo preache soo ageyn, I wyll bydd hym come owfce of my pulpyt, as goode as yf meanyng the said sermon, and then the said Richard replyeing to hym agayn, sayd : — Why maister vicar he preached nothyng but the Gospell, and by the Gospell I truste to be savyd ; and then [the] said S""* Edmund made awnswer saing, — Truste thowe well to the Gospell, and thow shalt goo to the devyll ; for I cannott see by noo poynt of my learnyng, but that the fayth shalbe taken frome us, and gyven to the Jewys ; for wee bee the Gentylles, and the children of unpromyse, and they bee the children of Israeli, and children of promysse : to whiche nowghty and hereticall sainges the said Robert Marshall, heryng the same made, aunsweryd saing, — Maister vicar, ye bee ferr wyde, for by the Gospell and the merites of Christes passion, and by his bloude-shedyng, wee all shalbe savyd ; the said Sir Edmund making aunswer and saing, — Truste well to yt, and ye shall goo to the devyll : presentibus tunc ibidem, ac premissa videntibus et audientibus dictis Ricardo Harvy et Roberto Marshall [et diversis aliis]. [They enter into bond to appear before the justices " ad inquirendum super vi. artic^dos.'"^^ — f. 154 b. CCCCVI. [16 Jan.] Exhibition of 0. D. contro Thomam Cappe. — Monitus est Capp ad orders. exhibendum litteras ordinum suorum ut prius. Comparuit dictus Capp * * * et deinde juratus per dominura de fideliter respondendo certis articulis, sibi a domino tunc interrogandis, concernentibus collacionem ordinum suorum, et presertim ordinis presbiteri ; fatebatur publice in judicio, that upon vi or vii yers past, he was ordrede and made preeste ; in a certeyn chambre within the precincte of the late Awstyn Fryers, of the towne of Boston, by a religiouse man, being a suffragane, as he saith, and their at that tyme inhabityng; in whiche chambre he saith, that at the gyvyng of the said orders, their was no notary or scribe present to record the same, so ferr COMMISSARY OF LONDON, A.D. 1542. 133 as he the same Cappe doth knowe, or nowe remembre, as he saith : and he saith also that diverse other dydd then and their take and receyve ordrcs ; but what they wer he cannot tell, nor knoweth their names, as he saith. Et dominus monuit eundem ne recedat ante judicium so- lutum, absque licentia. Et deinde dominus monuit eundem ad comparendum, inter horas 2 et 3 post meridiem hujus diei. * * Comparuit coram dicto M. Crooke idem Cappe, et interrogatus, respondebat et fatebatur, that he dydd not knowe eny personnes that wer present at the gyvyng of ordres, by the said suffragyn before by hym this day mencyonyd ; and further, he saith that he dydd not knowe the said suffragyn. Quo facto, dominus monuit eundem, ut introducat litteras testimonials, seu aliud testimonium suffi- ciens, super coUacionem ordinum subdiaconi et diaconi, citra iiii" Cinerum, vel in eo, et super collacionem ordinis presbiteratus, ultima sessione generali proximi termini. — f. 205 and 205 b. [10 February.] Quo die comparuit Cappe, et quia nullas exhibuit litteras inhibition testimoniales, nee aliquod aliud testimonium, super ordi- * ^^''^°°- nationem suam, in subdiaconum et diaconum, juxta mo- nitionem et assignationem aliter sibi per dominum, monuit et inhibuit eidem ne de cetero celebret missam infra juris- dictionem domini episcopi London, donee et quousque legittime probaverit, coram domino episcopo, vel ejus vicario generali, aut commissario in hac parte, de ordi- natione sua hujusmodi sub pena juris. — f. 213 b. CCCCVIl. [6 March.] O. D. contra dominum Willielmum Rede, curatum Omnium On tbanting Sanctorum, in Honylane, London. — Quo die comparuit dictus vuii^a^Ton 'uJ^ dominus Willielmus Rede, et fatebatur publice in judicio se et alios, cantantes in choro dicte parochie etc., cantasse die Dominica ultima elapsa, hora octava de mane, psalmum Te Deum laudamus, in vulgari lingua, in ipsa ecclesia ; 134 PROCEEDINGS IN THE COURT OF THE et quod eodem die ac die sive festo Purificationis beate Marie ultimo, omisit cantare laudes. Deinde dominus monuit eundem quod de cetero non cantabit dictum psalmum Te Deum in lingua Anglicana, et observet solitum ordinem divinorum, diebus Dominicis et festivis, in ecclesia sua parochiali, quemadmodum est jam usitatum et observa- tum in aliis ecclesiis civitatis London, donee et quousque aliter habuerit in mandatis domini regis vel sui consilii [etc.]— f. 220. ccccvm. [14 June, 1543.] Inhibition. O. D. contraThomam Cade^cuvatum de Bvadwell. — * * * [Dominus] inhibuit eidem ne de cetero divina celebret, seu deserviet curie animarum, infra diocesim et jurisdic- tionem domini episcopi London, donee et quousque fuerit per ipsum seu auctoritate legittima dicti episcopi licentiatus, sub pena juris; qui quidam dominus Thomas immediate post hujusmodi monitionem, publice dixit et asseruit, hec verba, — If I maye not singe in the dioc[ese] I wyll then fale [fall] to the Shermans occupation again. * * * [Dominus] permisit [eum] deservire curie in parochia de Bradwell, non obstantibus monitione et inhibitione suis previis, usque ad terminum Fidis proximum et non ultra. * * __f. 241. CCCCIX. [4 March.] Nun's confes- 0. D. contra Margaretam Kydman alias Gierke, parochie Sancti Michaelis apud Basing hawe, civitatis London. — * * Comparuit personaliter dicta Margareta ac publice confessa est, quod ipsa nono etatis sue anno, monasterium monialium de Bungaye ordinis Sancti Benedicti in comitatu SufT. Noinvicen. diocesis ingressa fuit, ibidemque habitum mo- nialem per sorores ejusdem domus gestari solitum suscepit; quodque in eodem monasterio post duodecimum sue etatis annum completum, et ante xiiii""* etatis sue annum, votum solempne emisit, atque religionem Sancti Benedicti, juxta statu ta et ordinaciones ipsius domus professa est, ceteraque sion of mar- riage COMMISSARY OF LONDON, A.D. 1543. 135 fecit et exercuit que a ceteris monialibus ibidem rcligioncm profitentibus fieri solebant et consueverunt : quodque post professionera et voti emissionem hujusmodi, sicut premit- titur, factam, per vi annos vcl circiter, regulariter vixit in eodem nioiiasterio. Et insuper confessa est quod post pre- missa, ipsa spiritu maligno seducta, et voti sui immemor, fugiebat a dicto monasterio ; et deinde apprehensa per ballivum dicte ville de Bungay, reducta fuit ad idem mo- nasterium, in quo permansit regulariter per annum. Et deinde parentum suorum opera effectum est, ut ipsa non ferens austeritatem dicti monasterii de Bungay, commigravit ab illo monasterio, ad monasterium monialium de Carroo, ordinis Sancti Benedicti, in comitatu Norff. Norwicen. diocesis predicti, ubi similiter per aliquot annos, inter ceteras sorores dicti domus regulariter vixit ; et tandem xxviii""^ sue etatis annum attingens coacta, ut dicit, per priorissam ejusdem monasterii, was made there an anchoresse, ut dicit, w'oute any solempne vowe, or any other ceremonyes used in that behalf, and so \yvjd alone there, in a house which before her tyme was edyfied and made for an anchoresse, by the space of xiiii yeres ; which was done, as she sayth, against her will, from Avhense she coulde not be licenced or suffered to departe, for that the bysshoppe of that diocese hadde one ke}^, and the prioress there another. Et ulterius fatebatur quod per totum illud tempus, she was called and namyd of every man and woman, resortyng and comyng unto her, an anchoresse, and so was commonly taken and reputed, bothe in the same monastery and towne of Carro ; and contynued there as an anchoresse, untlll the dissolution of [the] said monasterye of Carroo : Et quod post dis- solucionem hujusmodi, viz. circa vii annos jam elapsos Londinum venit, et in parochia Sancti Michaelis apud Basinghawe habitavit; et postquam in dicta parochia per annum integrum et dimidium habitasset, matrimonium cum quodam Johanne Gierke, serviente domino Hawarde, con- traxit ; dictumque matrimonium, in capella beate Marie de Bartheleem, sine consensu rectoris, aut curati ejusdem pa- rochie Sancti Michaelis, bannis trina vice tempore solempni- zationis ejusdem matrimonii editis, et non aliter, et absque dispensationc in ea parte obtenta, solempnizari procuravit ; 136 PROCEEDINGS IN THE COURT OF THE quodque sacerdoti hujusmodi matrimonium solempnisanti XX 5. pro labore suo in ea parte impensa solvit. Unde dominus monuit eandem ad comparendum coram eo, in consistorio London [etc.]. — f. 285. Curate absent fiMra general ])rocession to see an exe- cution. Hearing con- fession. Particulars of contract of marriage. ccccx. [20 March.] 0. D. contra dominum Johannem Coyte, curatum ecclesie Sancti Martini, in Iremonger lane, civitatis London. — * * Comparuit dictus dominus Johannes Coyte, et interrogatus a domino fatebatur et confessus est, quod die Veneris sep- timo viz. die hujus mensis Marcii, fuit absens a generali procession e, facta ex mandate consilii domini nostri regis, in civitate London, contra monicionem alias sibi factam etc. : et quod tempore processionis hujusmodi, presens fuit in publico spectaculo, apud Tybourne, dum quidam transgres- sores legis etc. mortem ibidem subierunt etc. Et ulterius fatebatur ut sequitur, — that he dyd here noo confessions in his paryshe, syns Lente, sayeng that yt greveth hym to here confessions, specially Avhan any person uttereth and confesseth unto hym any partycular matter, sounding to bawdry or fylthynes. Unde subraisit se correctioni domini etc. Et tunc dominus injunxit eidem in peniten- tiam, quod crastino die, viz. die Veneris, incedat in dicta processione generali, una cum aliis presbiteris, absque super- pellicio, gestando cereum ardentem in manu sua, tempore processionis hujusmodi ; quo facto dominus ad humilem et instantem peticionem ipsius domini Coyte, duxit de- liberandum fore super penitentiam hujusmodi sic pera- gendam. * * * _f. 291 b. CCCCXL [7 Nov. 1544.] [Elizabetha Bodye parochie Sancti Botulphi extra Alders- gate et Johannes Bykerton parochie Sancti Bartholomei parvi in Smythfeld contraxerunt matrimonium] per hec verba sequentia, vel eis in eiFectum consimilia ; viz. the said John Bykerton havinge the said Elisabeth by the right hand, and speakinge to the said Elisabeth Bodye, said. COMMISSARY OF LONDON, A.D. 1554. 137 howe saye yowe Elisabeth, can yowe fynde in your hartc to forsake your fryndes and take mee, meaninge to her husbond; and the said Elisabeth conjunctis eorum manibus said yea, and the said John said I am contented, kysse mee on that bargynne, and the said John and Elisabeth therupon kyssed each other. Quodque post tractatam communicationem et contractum hujusmodi, dictus Johannes dyd send a lettre to the said Elisabeth, which was delyvered her by Richard Hawowd, oone of Maister Chidlayes ser- vants, and by hyme redde ; in the which lettre the said John desired the said Elisabeth to sende hyme woorde, whether she were the same wooman she was before, mean- inge when the said contracte was made, and the said Elisa- beth said to the said Richard, that she was the same wooman still, meaninge that she woold stande and abydc by the same promysse, made to the said John ; and at the delyvery of the said lettre, the same Richard delyvered to the same Elizabeth a nutmegge, sayenge, he, meaninge the said John, hath sent youe this token ; the which nutmege the said Elisabeth thankfully receyved ; and after the premisses, the said John said to the said Elisabeth and other persones then presente, that he woold have the bannes axed between them, whereunto the said Elisabeth agreed, dictusque Johannes se matrimonium cum dicta Elizabetha contraxisse Elizabethe Chydlay ac in nonnul- lorum fidedignorum eciam ipsius Elizabeth presentia pub- lice confessus est et recognovit, quodque premissa omnia et singula fuerunt et sunt vera. * * * — f. 343. LIBER ACTORUM in causis correctionum et Reforraa- cionum. 1554. CCCCXII. Acta die Sabbati [10 Nov. 1554] in loco consistoriali London, coram M. Nicholao Harpesfeld, legum doctore, vicario generali, etc. Officium clomini contra Johannem Rogers nuper vicarium Destroying the Sancli Sepukri \et nuper Gnrdianos cficfe ecdesie]. — Notantur ^°" " ^ '" 138 PROCEEDINGS IN THE COURT OF THE officio domini etc. quod ipsi unacum quodam Rogero Woode defuncto, tunc altero gardiano, hujusmodi sua propria auc- toritate, et absque consensu, et assensu majoris, et sanioris partis ejusdem parochie, temere destruxerunt, et penitus, ac funditus diripuerunt cruciforium, Anglice the roode lofte in dicta ecclesia [etc.]. Dominus assignavit eis diem Veneris proximum. — f. 2 b. CCCCXIII. Acta die Lune [12 Nov.] On the real Officium domifii conti'tt Rogerum Fervour parochie Sancte presence. Brigitte. — Notatur officio domini quod non credit corpus et sanguinem Christi esse realiter in sacra eucharistia, etc. * * * Publice fatebatur in juditio quod credit veritatem dicti sacramenti in verba Domini in Evangelio. [Dominus injunxit ei penitentiam.] — f. 3 b. CCCCXIV. 0. D. contra Thomam Fuste dicte parochie Sancte Brigitte. — Notatur officio domini quod non credit articulos fidei catholici et presertim veritatem sacramenti euchariste etc. * * * publice respondebat et fatebatur in judicio that he beleaveth Christes very body not to be present really and truly in the said sacrament. — f. 4. ccccxv. Acta in loco cons. [15 Nov. 1554.] Promise to re- 0. D. contra Ricardum Alen, Sancti Martini Ludgate. — store a stone Comparuit et sua sponte promisit se restiturum ecclesie lor an altar. "^ _ ^ ... parochial! Sancti Martini, quendam lapidem marmoreum ad usum ut inde fiat altare et quem nuper emit et compa- ravit a gardianis dicte ecclesie. — f. 6 b. CCCCXVI. Refusal to foi- O. D. contra Stephanum Walden [ejusdem parochie^. — the i'roce"sfon! Notatur officio domiui in ultima visitatione generali domini episcopi, quod raro venit ad ecclesiam suam parochialem Sancti Martini; presertim diebus Dominicis et festivis, et COMMISSARY OF LONDON, AD. 1554. J 39 cum veniebat, noluit sequi crucem in proccssione gencrali dicte parochie. * * * jje shall goe in proces- sion w' other of the said parish. — f. 7. CCCCXVII. 0. D. contra Margeriam Wolwen, Sancti Martini Ludf/aie, Touehinf,' the obstetricem. — Coraparuit dicta Margeria et allegavit quod '*j>;*' "^ '""'" fuit admissa ad officium obstetricis, tempore reverendi patris domini Johannis Stokysly, nuper London episcopi, Et tunc dominus monuit eandem ad introducendas xii*^™ vel decern honestas matronas etc., ad testificandum de experientia sua, in hujusmodi officio [etc.]. — f. 8. CCCCXVIII. Officium domini contra Willielmum Hasylwoode, clericum witclicmft. parochie de Harnesey. — Notatur officio domini in visitatione sua generali, quod solet et solebat uti arte magica, sen sortilegio, Anglice wytchecraft, or sorcery, with a seve and a payre of sheeres. * * * Willielmus Hasylwoode publice respondebat et fatebatur That in July was twelve monythe last past, he the same Hasylwood, having then lost his purse, w'^ xiiii grootes in the same, and thereupon remembryng, that he being a chylde, dyd hear his mother declare, that when any man hadd lost anny thing, then they wold use a syve, and a payre of sheeres, to bring to knowledge who hadd the thing lost ; and so this examinante upon occasion thereof, dyd take a seve, and a payre of sheeres, and hanged the seve by the poynte of the sheeres, and sayed thees wordes — by Peter and Paule, he hath yt, namyng the partye whom he in that behalf suspected; which thing he never used but ones, and also declared yt to one of his acqueyntaunce. [Penance thereon.] — f. 18 b. CCCCXIX. Acta die Jovis [13 Dec.]. [St. Mary Magdalen, Old Fish Street.'] Officium domini Hanginf; .lown contra Jacobum Golyver et Aliciam ejus uxorem, dicte parochie. 'J'^"" '^^""!'^ "'^. . , . ^ f ^' tlic elevation of — Notantur officio domini quod pendent capita tempore *•'« host. N«t 140 PROCEEDINGS IN THE COURT OF THE suffering his elevationis sacramenti altaris ; and that the same James apprentices to , _ . /. i x sing in the synnethe [smcej the restoiyng oi the Latten servyce, hath choir, &c. jjQ^ suffered nor wold suffer his prentyses, & other his servantes, to serve, and sing in the quere; and also that he is a sacramentary, saying that Cryste cannot be at one tyme, bothe in the sacrament, and in heven, for Chryst ys ascended into heven, and therefore dyd call the sacra- ment an ydoll ; and also refuseth to go in procession ; and commeth not to the churche ; and hath spoken against the ceremonyes, as holly water, holy brede, etc. * * * Dominus monuit eos quod de cetero bene et catholice se gerent, tam in ecclesia, quam in aliis locis. Deinde domi- nus monuit dictum Jacobum Golyver, quod aliquo die Dominico sive festivo, citra festum Circumcisionis Domini proximum, confiteatur peccata sua, curato dicte ecclesie, et eodem die recipiat ad manus suas sacramentum altaris, absque orani dissimulatione et sinistra opinione in eadem ecclesia [etc.] * * * — f. 22 b. ccccxx. Acta habita et facta [etc. 1 7 Dec] A married 0. D. contva WilUelmuni Pytts, clericum parochie Sancte tering sacra" Audvee Undershuft. — * * * Dictus Pyttes pres- ments, fre- biter uxoratus et non reconciliatus etc., publice ministravit quenting the . . - . company of his citra corronacionem aomme nostre regme, sacramenta ec- wife, &c. clesie, etiam sacramenta eucharistie infirmis ; et quod jam dudum frequentavit consorcium pretense uxoris immo con- cubine sue, in diversis et seperatis locis ; et etiam frequen- tavit et usus est locis suspectis, viz. dyssinge howsys, and bowlinge alleyes ; and dothe kepe companye w"^ dyverse per- sones, of suspecte relygyon ; and commethe not to the churche, at tymes convenyent; and that he hathe maryed dyverse persones not lawfullye togither ; and that the cure ys served w"* a poor and unhable preste, beinge not ad- mytted by the ordynarrye.— f 25 b. [His reply to these articles is at folio 27 b.\ CCCCXXI. Acta die Marcii [19 Dec] Contempt of Q 2). contra Elizahetham, uxoreni Thome Barnett, parochie abbolutiou. COMMISSARY OF LONDON, A.D. 1554. 141 Sancti Augustini ad Portani. — Notatur officio domini etc. quod recusat et conteinpnit recipere absolutionem ad manus sacerdotis [etc.] — f. 29 b. CCCCXXII. Officium domini contra Stephanum Mylney [parochie Sancti Succouring a Augustini]. — Notatur officio domini etc. quod fovet con- cubinam sacerdotis in domo sua ; Quo die comparuit per- sonaliter dictus Stephanus, cui objecto hujusmodi articulo, idem Stephanus publice fatebatur, that he hathe commyng and goyng to his house his own naturall syster, which some tyme was marryed to a priest : and that he doth for charytie healpe and succour hir, [and] not in the way of anny evill bytwene her and her late husbande. Et tunc dominus desistit ulterius procedere contra eum, sub spe emenda- tionis, et honeste conversationis sue. — f. 30. CCCCXXIII. Acta die Veneris [11 January]. 0. D. contra Johannem Kele, dicte parochie Christi. — Blowing the Notatur officio That the day he was marryed, he dyd ['ife'^Ur* ""' blowe oute the lightes aboute the altar, and wolde suffer no lightes to bourne. Quo die comparuit dictus Kele, cui objecto per dominum dicto articulo eidem Kele, re- spondendo fatebatur, — That [he] at the tyme of his marryage by chaunce of his breathe dyd blowe owte the tapers at the altare, and that of no contempte, as he said : unde dominus, habito hujusmodi response, eum dimisit, cum mo- nitione, quod imposterum catholice se gerat. — f. 44. CCCCXXIV. Acta die Martis [15 January]. O. D. contra Johannem Whetely, parochie Sancti Andree Reading juxta Baynaj'ds Castle. — Notatur officio domini, quod solet ^'^'■*?*^'cal books. legere libros hereticos, in Anglicis, et quod est perversi ac non catholici judicii et opinionis. * * * Dominus monuit eum, quod de cetero non legat aliquos libros haereticie pravitatis, ac pie et catholice se gerat, tarn in ecclesia sua parochiali, quam in aliis locis.— f. 45 b. 142 PROCEEDINGS IN THE COURT OF THE Reading En- glish books during mass. ccccxxv. O. D. contra Richardum Smythe, dicte parochie Sancti Andree. — Notatur officio domini quod tempore misse, et aliorum divinorum officiorum, solet legere libros Anglicos, in aliorum ofFensam. Quo die comparuit dictus Smythe, cui objecto per dominum dicto articulo, idem Smythe ne- gavit hujusmodi articulos, et ulterius fatebatur quod quen- dam librura deliberavit episcopo Cicestren. super quo solet legere, tempore divinorum officiorum, quem librum idem episcopus approbavit. Deinde dominus eum monuit, quod de cetero non legat aliquem librum, nisi precationum, et orationum, tempore divinorum officiorum, sed pie ac devote ibidem se gerat etc. — f. 46 b. CCCCXXVI. Acta die Jovis [17 Jan.] Lollardy. Q. D. contva Agnetem Pepper, uxorem Roberti Pepper, parochie Christi prope Newgate. — Ad se purgandum cum tribus honestis mulieribus vicinis suis super crimine Lol- lardie, viz. quod commedit carnes diebus prohibitis etc. Comparuit et introduxit sex viros vicinos suos, ut asseruit, et tunc dominus ex certis causis eum moventibus, quia presertim dicta mulier evidebat se penitentem etc. dimisit eandem. — f. 46 b. CCCCXXVII. Acta die Jovis [24 Jan.] Refusal to at- 0. T>. contra Johannem Worme, parochie Sancti Olavi in Syl- whiie'^the ser- ^^^ Strcetc, et Michaclem uxorem Theronimi Lambroose, dicte \\ce\s'ml.aMm. parochie. — Notatur officio domini etc. quod nollent accedere ad ecclesiam, dum officia divina ibidem persolvuntur latinis. Quo die comparuit personaliter dictus Worme, cui objecto per dominum dicto articulo, idem Worme publice fatebatur. That he cometh not to the churche, nor his conscience will not suffer hym to come to the same, so long as the servyce ys [ ? not] in EngUsh, untill he be otherwys persuaded by Scripture. — f. 48 b. COMiMlSSARY OF LONDON, A.D. 1554. 143 CCCCXXVIII. 0. D. domini contra Ellenam Morgan, dicte parochie Sancte Kis^^i'ig the Anne. — Notatur officio domini quod rare accedit ad eccle- siam, et quum ibidem sit, irreverenter se habeat, et recusal osculare pacem, et aquam benedictam recusat accipere. Quo die comparuit personaliter dicta Ellena Morgan, cui objecto per dominum dicto articulo, ipsa Ellena responde- bat, et fatebatur hujusmodi articulum, unde dominus monuit cam, quod de cetero accedat ad ecclesiam, et ibidem recipiat aquam benedictam, et panem benedictum, et osculat pacem ac ibidem reverenter et catholice se habeat circa easdem cereraonias, sub pena juris. — f. 50. CCCCXXIX. Acta die Marcurii [30 January, 1554]. [St. Alphege.'] O. D. contra Henricuni Blakeham dicte On refusal to ... . sing in the parochie. — JNotatur otncio dommi, quod recusat cantare m church, ecclesia; eo quod divinum officium ibidem Anglice [? non] persolvitur. Quo die comparuit personaliter dictus Hen- ricus Blakeham, cui objecto per dominum hujusmodi articulo, idem Henricus dixit, quod in cantando penitus inexpers est, quodque tempore Edwardi sexti solet cantare psalmos in Anglicis, unde dominus eum dimisit. — f. 53 b. ccccxxx. Die Veneris [8 Feb.] O. D. contra Robertum Danby, dicte parochie Sancti Jo- 0" confirn)a- hannis Zachery. — Notatur officio domini, quod non sinit pueros suos confirmari, palam dicendo, quod nulla infans debet confirmari, antequam respondere potest etc. — f. 60 b. CCCCXXXI. Acta die Mercurii [20 Feb. 1554]. 0. D. contra Georgium Gierke, dicte parochie Omnium On reception of Sanctorum. — Notatur officio, quod tempore Pasche ultimo, dum sacramentum recepit, he laughed at the receavinge thereof; sayeing that he receaved yt for no devocion, but onely for an order. xxii''° die mensis Februarii comparuit dictus Georgius Gierke, qui examinatus, super contentis 144 PROCEEDINGS IN THE COURT OF THE in dicto articulo, respondet, et fatebatur, that at Easter nowe last past, when he shulde have receaved the sacrament, upon occasion that some there presente dyd laughe, this examynate dyd a lytle smyle, and shewed a merry counte- nance ; but not for anny thing that he myslyked of the manner of ministering the said sacramente, or dyd, or doth contempne the same, as he saith. Unde dominus monuit eum, quod de cetero se bene et cathohce gerat et habeat, tam in ecclesia, quam ahbi, sub pena juris etc. — f. 63 b. CCCCXXXII. Maintainers of Q. D. contra Anthomwn Anthomi [et alios] parochie Sancii false and here- „ , , . t^t «- • i • • i i tical doctrine. Botulphi. — JNotantur othcio dommi, that they be manteyners of false and heretical! doctryne, and hathe brought and pro- cured forsheley person and ministres to serve the cure, and preache, and mainteyne hereticall doctrynes. Quo die comparuerunt personaliter dicti Anthonye, et alii qui ex- aminati super hujusmodi articulo, respondebant et fatebantur, that before the Queues reigne that nowe ys, they were main- teyners and favorers of suche doctryne, as then was putt forth, but not syns. Et tunc dominus monuit eos, ut de cetero, se bene et catholice se gerent etc. — f. 64 b. CCCCXXXIII. [15 May, 1555.] On receiving 0. D. contra Robcrtum Bocher. — * * * Dominus ashes; also the ••■•,.• i • • .• j- <, ^ pope's pardon, mmistravit articulos m scriptis. ^ ^k sp Ad iiii'""^ [articulum] he saith that he dydd not receyve asshes the said A she- Wednesday in any place; and saith that the same day he was w' my lord bisshopp of London, here at his house in London, upon hys Lordships com- mandement ; and saith that he upon Ester eve last past, was confessed, and receyved the blissed sacramente, in the Queenes chapell, by oone S"^ Robert Paternoster preist, oone of hir graces chapell. Ad v*"^™ fatetur thhat he dydd accepte and receyve the Popes pardon, and was reconciled to the vmitie of the churche, by the said S'' Robert Paternoster, upon the said Easter eve ; whoo then shewed hym the said pardon, as he sayth.— f. 67 b & 68. ARCHDEACONRY OF LONDON, A.D. 15G2. 145 LIBER SECUNDUS ACTORUM et Detectionum in visitatione domini Archidiaconi London. CCCCXXXIV. xxii die mensis Augusti 1562 in edibus domini et coram eo [viz. JoHANNE Orphinstrange, Legum Doctore, officiali] . Ward contra Tinsley. — Quibus die et loco Clarke exhibuit Arplieation for . . . . , . , writ de excom- mandatum origmale, unacum certincatorio in dorso ejusdem, municuto ca- et allegavit dictam Tynsley fuisse et esse auctoritate hujus r"^"*^"- curie excommunicatam, et pro sic excommunicata palam et publice denunciatam, quodque in hujusmodi excom- municationis sententiam per quadraginta dies et ultra > animo pertinaciter indurato, auctoritatem hujus curie con- tempnendo perseveravit, prout ex dicto certificatorio ex- hibito continetur. Unde dominus ad ejus peticionem de- crevit scribendum fore regie majestati pro corporis capcione ipsius Tynsley, — f. 47. v*° die mensis Septembris, 1563. Ward contra Tynsley. — Quo die facta fide per dictam Tynsley de parendo juri etc. ac solutis xxiii*. in manibus M"^ Gierke pro expensis contumacie dominus absolvit etc. et decrevit scribendum fore regie majestati pro corporis deliberacione dicte Tynsley. Tunc dominus injunxit eidem penitentiara sequentem viz. that she shall on Sonday nexte before AlhoUantyde next ecommynge, do open penance and aske forgyvenes [of] Agnes Ward for the slaunder lytigious in the paryshe churche of St. Botulphes w^out Aldresgate [etc.]— f. 52 b. ccccxxxv. Die Martis [22 September]. Officium domini contra Ricardum Holly day et Margeriam ejus Marryinc: his uxoreMf Sancti Thome Apostoli. — Comparuit personaliter dic-"°*'^ A46 PROCEEDINGS IN THE COURT OF THE tus Richardus, cui dominus objecit, faraa publica id referente, that he hathe marryed the wyef of his uncle, quem quidem articulum, sic ei objectum, fatebatur, et mulier presens asseruit. Unde dominus monuit partes predictas ad com- parendum in proximum, ad dicendam causam quare non deberent separari etc. — f. 59. CCCCXXXVI. Quinto Blasii [8 February]. Excommuni- Contra Johannem Wood, Sancti Benedicti, Pawles Wharfe. — cation lor scan- _ ' _ ' '' dalous beha- Quibus die et loco dominus eoquod dictus Johannes Awood viour in court. ■ . • . •■ ■> , . • male et irreverenter se gessit erga eum sedentem pro tri- bunali in juditio, non solum verbis inhonestissimis et scan- dalosissimis, verum etiam maximis juramentis et male- dictionibus, pronunciavit eum contumacem, et in pena etc. excommunicavit eum, prout in schedula. — f. 87 b. CCCCXXXVII. Quarto Gregorii die Jovis [17 March]. Not receiving Contva Robertum Browninge et ejus uxorem. — * * * the coniniu- . .... ,-, ^ ^ • ,• nion, not ixinj; [Domuius objecit CIS quodj non receperunt eucharistiam able to say tlie tempore Paschc ultimo, et fatebantur, et dictus Robertus ten command- a ' , ments. allegavit quod rector predictus noluit permittere eum re- cipere, eo quod non potuit recitare x^"* mandata : unde dominus monuit eum non recipiat antequam potuit recitare etc. Deinde dominus monuit eos ad recipiendum in festo Pasche proximo. — f. 103 b. CCCCXXXVIII. xxvi*" die mensis Marcii anno 1563 in ecclesia Sancti Martini coram Magistro Johanne Mullens Archi- diacono London. Solemnizing Officium domini contra dominum Thomam Whythers cleri- ouuhe^com- ^ C'^'^n, rcctorem ecclesie parochialis Sancti Martini Orgar, niunion, &c. civitatis ct archidiacouatus London. — * * * Quibus die et loco comparuit personahter dictus Thomas Whythers, cui dominus objecit, quod bannis non editis ut moris est prius publice editis, ac extra ecclesiam parochialem con- ARCHDEACONRY OF ESSEX, A.D. 15GG. 147 trahentlum, contra leges ac absque coramunione prophanavit matrimonium, inter Ricardum Whystowe et Aliciam Col- lyns, in presentia dicti Whythers, confitentis se solcmnizasse matrimonium inter partes predictas, in ecclesia parochiali Sancti Martini Orgar, civitatis London, ubi ipse rector existit, unica bannorum vice edita, tempore solempnizacionis hujusmodi matrimonii, absque communione ; quod quidem matrimonium, sic ut prefertur, inter partes predictas, ut asseruit, solempnizavit vigore cujusdam dispensacionis le- gitimae reverendi patris domini London episcopi, sibi in ea parte concessze, penes archidiaconum remanentis ; quam quidem confessionem idem archidiaconus acceptavit ; et injunxit dicto Whythers, quod ipse die Dominico proximo, publice tempore recitacionis et lecture evangelii, recitet quandam declaracionem, in quadam papiri scedula descrip- tam. * * *— f. 105 b. ^ CURIA tenta in capella de Brentwoode die Martis viz. ii''" die mensis Julii anno 1566, coram domino Thoma Cole, archidiacono Essexie. CCCCXXXIX. Officium domini contra rectorem de West Horndon. — De- Not having tectus quia non habuit sermones juxta ordinem injunctionis dominae nostras reginae et multis aliis causis, ut patet in de- tectione gardianorum. CCCCXL. 4 July, 1566. Contra Aliciam Gardiner de Boram, — Detecta for that she Counselling not gave counsell to one masons wief of Boram who was a ° '^"^ ^'^'" witche, that she shulde confesse nothinge, for yf thow dust, thow wolt dyve for hit; and thowe wilt turne thy neigh- bowrs to troble. * * Dominus monuit earn ad purgandum se iiii'^ manu vicinorum. — f. 16. L 2 148 PROCEEDINGS IN THE COURT OF THE ties. CCCCXLI. Acta habita facta et determinata in curia visitationis coram Magistro Thoma Cole, sacre Theologie doctore, in capella de Rumforde [23 Sept. 1566]. Divorce be- Contra Alborowghe et uxorem ejus de Danherye. — Quia cause of the . . .. ^. , a ii_ quarrelsome turoant vicinos cum lite corum : quo die comparet Albo- J'/*^"^ *^^ P^^' rowghe et dicit quod uxor sua non vult venire ad lectum suum, unde accepit aquam et ejecit id super capud suum, ad quam allegacionem uxor dicit ut sequitur, viz., that her howsbande hathe often tyemys ben abroode a nyghts & daies, spendinge awaye his thryefft, & when he comythe whome, he abusithe her & beatythe her ; and further she saieth that this same daye, he saieth that yf she wollde tell anie thinge againste him to the judge, he sayed he wollde keape her with steallts, and whereas he hathe geven her meate & dry en eke, he wyll geave her water & bread : et quia quod supra juramento uxor dothe saye that her hows- bande dyd put a knyeff to her throte & a halter abought her knecke. Unde dominus ex causis eum moventibus, et ad petitionem uxoris .... quod metuit vitam, in that he saiethe often to her that yf [it were not for] the Queues lawes, he wollde do otherwyese w*^ her, divorsiavit ill am a thoro et mensa, donee etc. Et dominus in plena curia publicavit sententiam divorsarii et petiit M™ Emerye de eadem to take the goods the one hallfe to her until! they do better agree. — f. 62 b, & 63. Division of goods. Healing by prayers. CCCCXLII. Curia tenta apud Rayley [7 Sept.] Contra Margeriam Skelton, de Wakeryng parva. — Suspecta est esse artium sorserie, super quibus dominus examinavit eam super evangelia, viz. in hec verba ; — Whether she ever used to hele any of her neighbours that were sycke or deseased, other [either] women or children, and she sayde she hathe, w^*^ prayinge of her prayers she hath healed vi persones [etc.] — f. 78 b. ARCHDEACONRY OF ESSEX, A.D. 15GG. 149 CCCCXLIII. Contra gardianum de Hornechurche. — Because Bushe the Having piayei-s churchewardene did bringc into the churche certeyn playe[rs] the which did playe and declare certayn things against the ministers. Comparuit et monitus ad subeundam exami- nationera etc. — Between f. 83 b, & 84. CCCCXLIV. Curia tenta in capella de Brentwood [2 Dec. 1566.] Contra vicarium de Southebemffiitt. — Because he dothe not irrefruiarities 1 ii • • • o -ii i. • • J. • 1 '" tlie service. observe the injunxions ot will not minister in a surples, & came to the house of Henry Wood w"^ his bo we and arowes to seke for the said Wood. — f. 86. CCCCXLV. [23 Nov. 1566.] Contra curatum de Theydon Garnon. — Quia non fecit idem. suam diUgentiam in dicendo preces, viz. the communion and Latany. CCCCXLVI. Contra Firmarium de Alta Laver. — Detectus because the idem. parson bathe not put the parishioners in remembraunce to lerne the cathakesim. * * — f. 94 b. CCCCXLVII. Contra vicarium de North Wilde. — Quia desunt sermones ijem. juxta injunctiones domine nostre regine, ac quia dicebat se confabulasse cum domino archidiacono, articulos princi- pals concernentes, et quod noluit eosdem legere. * * — f. 95 b. CCCCXLVIII. Curia tenta apud Baddowe v° Decembris, 1566. Contra TJiomam Arter, de Baddowe Magna. — Because he ()» j^iving to will geve but obolum pauperibus. Comparuit dictus Arter, ^'^'^ ^'""^'* et objecto articulo, he saithe that he is not of the wcalthe that men takithe him to be. Unde dominus assignavit eum solvere obolum every wicke, et sic dimisit. — f. 105 b. 150 PROCEEDINGS IN THE COURT OF THE CCCCXLIX. Curia tenta apud Maiden, v Decembris 1566. Refusinf,' to be Contra Johannem Trussell de Purleye. — Because he will not be churchewarden accordinge to the archdeacons judg- ment, facta fide ac facta preconisatione, dominus exc[om- municavit eum]. — f. 107 b. CCCCL. Curia tenta in capella de Brentwood [29 July, 1567]. Administering Officium domini contva Johannem AtJcynson, rectorem de with loaf bread Ntvingdon. — For mynisteryng with lof brede & cakes, to aud cakes. ^he disturb and unquietnes of the parisheoners. * * Fate- batur that he did soo, Unde dominus assignavit et injunxit eum ad penitentiam, viz. die solis proximo, to stand in y*^ pulpet, dum major populi multitudo affuerit, after the reading of the Gospell, & confes his fallt. CCCCLI. Curia tenta in ecclesia de Alta Onger [30 July, 1567] coram Magistro Adamo Richardson, in legibus Bacc, officiali domini archidiaconi Essexie. On tlie ox;iuii- Coutra Magistvum Johnson clericum, rectorem de Chignall anlfgod-'^^ '"^ Marie et Jacobi. — * * For not examining the god- motliers, &c. fathers and godmothers, * * * * & went in the perambulacyon with a surplus : et iterum the parsonage and chauncell is in decay; et pro diversis aliis causis. Dominus monuit ad comparend. coram domino episcopo, infra xx dies prox, sequentes, sub pena juris. CCCCLII. Curia tenta in capella de Rumford [10 Nov.]. Abstraction of Coutra MUonem Pendred [_et alios] de Upminster. — Domi- "oor'b^box" ^^^ objecit eis for that they toke the mony out of y'^ pores box to maintaine a bastard. Allegaverunt that they borowed yt. Unde dominus assignavit eis viz. to aknowlege at the next receivyng of ye next communion and to give viii*. to the pores box that were tlie doers of it. ARCHDEACONRY OF ESSEX, A.D. 1572. 151 CCCCLIII. Curia tenta in capella de Rumford [10 May, 1568] coram venerabili viro Magistro Thoma Cole, sacre Theologie doctore, archidiacono Essexie. Dorothea Gylbert contra Johannem Bush executorem testa- On the support menti Ricardi Gylbert de Hornchur'ch. — [Dicta Dorothea] ^1,^ le'^^y ijg allegavit that Rich'^ Gylbert deceasing, gave her a Icgacye, '^"*''- payable at Mighelmas next, and allowinge her nothinge to kepe her & her iii children, & one other child, being in nomber iiii : in presentia dicti Bush protestantis that he will allowe her nothinge, but pay her legacies at the tyrae apoynted. Unde dominus assignavit et injunxit sibi that he kepe & fynd the said Dorothy all kynd of thinges, and her three children, usque in festum Sancti Michaelis proximum, de bonis dicti defuncti. CCCCLIV. xxiii" die Aprills 1572, in capella de Brentwood, coram WiLLiELMo Rust. Officium doniini contra Johannem Marshall de Danbury. — Celebrating For celebratin2;e devine service without orders. Quo die ^^'^.'•y'^' '^^• o _ _ _ _ without orders. dominus ad ejus petitionem absolvit eum a sententia ex- communicationis etc., et sic restituit etc. Deinde dominus super confessionem suam, in hec verba, — That he hath celebrated devine service, and maried, with other seremonies nowe usid. Unde dominus archidiaconus eum injunxit, to confesse his fault, in the parishe where he did serve ; and there to stand penitently, at the time of divine service, with a white shete about him, and a white rodd in his hand, on Sunday e next, in partem penitentie sue. — f. 5. CCCCLV. Apud Brentwood, xx° Maii. Contra rectorem sive sequestratores de parva Warlcy. — ciiancel win- Detecte the chauncell windowes broken, viz. half a dosen "^^^"^ hroken. quarells, whereby howletts cumeth in, and is thereby with dunge berayed. [^Monition to repair J\ — f. 11. 152 PROCEEDINGS IN THE COURT OF THE CCCCLVI. Playing at [Contro] Ricardum Warner [de Southwild']. — Detectus " he commith not to devine service & dothe occupie cardes and disse. * * Dominus decrevit eum, to come to his parishe churche duly and orderly, & not to play at cardes or disse, quod ipse Warner in se assumpsit. — f. ]2 b. CCCCLVII. Apud Badowe Magna, xxi° Maii. Not giving the Contra Johannem Woodward de Woddam Ferris. — Detectus to attend sick when his wief laye in passaige and so departed this worlde, pei-son. gave no knowledge to the minister, to com to her & to [have] counselid her, in the time of her sicknes. Com- paruit, et object© articulo, he saith that his wief died so sodaine, of the squinnciz, that he could not make the parson pry vie; ideo dominus eum dimisit. — f. 17 b. CCCCLVIII. Acta habita et facta in ecclesia parochiali de Alta Ongar, xviii° Junii, 1572. Wearing the Contra curatum de Stanford Rivers. —Detectus for that ^atioif dv " '° ^^ ^^^ were his surplis in the rogacion dayes last past. Comparuit ipse curatus, viz. Johannes Browne, et objecto articulo, fatebatur. Unde dominus eum injunxit confiteri factum in ecclesia parochiali de Stamford Rivers predicta, die Solis proximo, to have usid superstition and poperi, and that he was sorie for the doinge thereof; et dare pauperibus vie?. — f. 38 b. CCCCLIX. Swearing by Contra Willielmum Dowtie de Morton. — Quia juravit per missam. Unde dominus injunxit eum confiteri culpam, coram parochianis, die Solis proximo ; and further said that ther was no harme by sweringe by the masse; and there- fore to saye that he did amisse in so sayeing, and to request the whole parishioners to take example by him, & that he was sorrie therefor. — lb. the mass ARCHDEACONRY OF ESSEX, A.D, 1572. 153 CCCCLX. Acta habita et facta in capella de Rumford [14 July, 1572]. Contra curatum de Leyton. — Detectus. Comparuit et ob- To turn to the jecto articulo fatetur. Unde dominus eum injunxit to turnc ['he''se*rv'ice dis^ to the people and then distinctly saye service that they ti"ctiy. raaye plainly here him. — f. 49 b. CCCCLXI. Contra Robertum Brownes de eadem. — Detectus xii° die Having Julii, 1572. Quo die comparuit dictus Browne, ac objecto gg^vTce' ""^^'"^ ei articulo, per dominum archidiaconum, viz., for that he had in his house, certaine that did daunce, in the service tyme; quod fatetur, & said that it was a wedinge daye, & that he could not rule the youthe. Unde dominus ex causis eum moventibus, propter paupertatem dimisit eum, et injunxit eum, ut non habeatur hujusmodi culpam iterum; quod in se assumpsit. — f. 50. CCCCLXII. Acta habita et facta in capella de Brentwood [15 July, 1572]. Contra Gardianos [de West Thorndon']. — Detectus. Sum On the taking parte of the rode loft standeth. Quo die comparuerunt roo^"^!"! gardiani, et objecto articulo. They say that they have taken downe the rode loft accordingle. Unde dominus eos dimisit. — f. 54 b. CCCCLXIII. Contra rectorem de Pitsey. — Detectus. Comparuit et The youtii Jo objecto articulo, dicit, that he have usid diligenly to teach "auXt""^ ^" ^ the youth, and have bin in the churche at the time ap- poincted, and non of the parishe will com thether for that purpose, as appeared by certaine of the parishners affirming the same. Unde dominus eum dimisit. — f. 57. CCCCLXIV. Contra Nicholaum Sutton, de Warley Magna. — * * Ponance to bo Dominus injunxit eum penitentiam, to stande in the mar- [j^^, I";'"tet"^ quet place of Brentwood in a whitt shcat, when the people P'^^^e. 154 PROCEEDINGS IN THE COURT OF THE are most there, with a paper uppon his hed & the detection written in the same ; and in lik case in his parish church. — f. 58 b. CCCCLXV. Acta habita et facta in ecclesia parochiali de Baddowe Magna [17 July, 1572]. Not to teach Contra Jacobum ShacMocke de Springfield. — Detectus. without license, j, ^ t^ . . , ., . * * Dominus inhibuit eum ne doceat pueros uite- rius antequam licenciam obtineat. — f. 73. CCCCLXVI. Acta ut supra, 2 Oct. 1572. Alhiring per- Contra Thomam Nocke et Johannam ejus uxorem, de East house. Haningfilde. — Notatur that she dothe lure men to her house, and when she hath them there, she dothe entise them into her chamber, her husband lyenge in the chamber cam downe, puttinge them in feare of their lives, and agreed with them for maulte or money, or what he could gett; and namelie they have used so, Thomas Wardall and Thomas Gilder of Chelmisford. Dominus excommunicavit, in non comparendo, istis die et loco. — f. 146 b. CCCCLXVII. Curia tenta in capella de Brentwood, 10 Dec. 1572. On reception of Contra Margaretam Marshall gravidam in domo suo de wonmn hito his Rawsdon Bellowes. — Detecta. Quo die comparuit Richardus house. Radeley, cui dominus objecit articulum, quod fatetur in hec verba, that he receaved the same Margaret, by the consent not only of the parishioners, but by the letter of Mr. Archdeacon, because she was at her door syeinge, and almost lost for sucker. — f. 184 b. CCCCLXVIII. Curia tenta apud Rumford in capella ibidem, 27 Jan. 1572. On defacing Contra gardianos de Upminster. — The rode lofte beame, monuments, ^j^^ staieres of the rode loft standinge, the churche lackith whittinge to deface the monumentes. — f. 201. ARCHDEACONRY OF ESSEX, A.D. 1572, 155 [The following original letter is pinned to folio 240.] To Mr. Rust, offyshall to the Right Worshippfull Doctor Walker, Tharchdecon of Essex, yeve theis. Salutem in Domino, this is for to lett youre worshippe understand, y' Jesper Anderkyn who was our churchc- warden, hathe done nothing of that which he was apoinnted by your worshipp, at Mydsomer to do ; for the churche yarde lyethe to commons, and all other thynkes in the churche is ondonne. But that Mr. Harrys dyd beye the byble, we shuld have had nothynke done. A man so negli- gent in his ofFyce 1 never knew non, beyng so muche c .... as he hathe byen. 1 praye you dele w* hym so y' he maye be a presydent for them that shall have the ofFyce ; for they wyll but jess att itt, and saye it is butt a mony matter : therefore lett them paye well for the penaltie whiche was sett on theire heads. The cause whye I do wrytt thus unto youre worshipp is, that you be not abewseid in youre office, by there muche intreatyng for themselffes; for Jesper Anderkyn stands excommuni- cated. And there is one William Peniton, who was one of the sworne men, & now is chosen to be the churche- warden, & he hath allso negligentlie forgotten his outhe ; for whereas he shulde have looked for the commyng of others, hymselfFe was absent y'' . . of June, y*^ 6 daye of Julie, & y® 13 daye of Julie, & y"^ 20 daye of Julie, & goyng out of y^ churche att mydservis ydle well aproved : and 25 daye of Julie w'^^ was St. James day, & y'' 27 daye of Julie, & many other tymes y* 1 have not so well noted, because it belonged to the churchwarden & y*^ swornemen. And thus muche I have geven youre worshippe to under- stand, y' you may y*^ better exxamen them when the jjartys come before youre worshipp. I praye you, learne Painton the waye to the churche, for he is a young man, and sharpelie rebucke hym, & he wyll be a presydent for others. By me, John Mather. 156 PROCEEDINGS IN THE COURT OF THE LIBER ACTORUM in annis Domini 1574 et 1575, in ... . CCCCLXIX. Curia tenta in capella de Brentwode [26 April, 1574]. Not fulfilling a Officium domini contra Agnetem Happy ng viduam et relictam Georgii Happyng nuper dum vixit de Ingrave. Est excommunicata in non exceptando vel refutando onus executionis testamenti dicti defuncti. * * * [Absolution sought and obtained.!^ — f. 21. CCCCLXX. Curia tenta in ecclesia parochiali de Rayley [7 Sept.] Divers trum- Q. D. contva Eoidium Cavand et Willielmwn Edgit gardia- pery for plays 7 n 7 /-1 -, • i • • 1 1 in the church, nos de Kayley. — Comparuerunt, et dommus objecit, that there reraayneth diverse of tromperie for to paynted stuff for playes in the chefe parte of the church ; viz. in the upper ende of the church : fassi sunt. Et dominus monuit eos that they shall remove the same, citra proximum Mich. — f. 69 b. CCCCLXXI. Eodem die. Irregularities. 0. D. contra Magistrum Boreman, rectorem de Fyfeld. — Detectum, that he is given to dronckenes. He will not church child-wiefFes as accordinge to the forme prescribed him ; he neglecteth the homilies ; the chancell is in greate decaye ; he married a yonge cople, beinge strangers, w"^oute license, unknowen to the parishe. — f. 71. CCCCLXXII. Curia tenta in ecclesia de Horn don [8 Sept.] Serving a writ 0, D. contra Johannem Umfreii de Shenfeld. — rCompurga- m service time. ... . , J. tors produced to prove his mnocence] savmge he confesseth that there was a bayley served a wrighte upon Easter daie upon Mr. Done the parson, which write was taken owte ARCHDEACONRY OF ESSEX, A.D. 1575. 157 at the sute of this respondent, but the bay ley served it one that dale withoute his consente or knowledge. — f. 74. CCCCLXXIII. Curia tenta in capella de Billarikey [30 Oct.] O. D. contra Johannem Allen de Leighe. — Detectum, that Consulting a she came to Widowe Jackson a witche for counsell, as the talke goeth. Comparuit et fassa est, that she did make a lye, that she was with a coninge woman. Dominus in- dixit ei, that upon Allhalland daie nexte, she shall confesse her falte.— f. 98 b. CCCCLXXIV. Curia tenta in ecclesia de Badowe Magna [22 Nov.] O. D. contra Johannem Browne de Rayley. — Detectum, that Turaing his he hath torned awaie his wief, sayinge that she is not his wief. Fassus est that he torned her awaie, for that she wold not be ruled. Dominus monuit eum quod recipiat uxorera suam et earn maritali afFectione tractandam. — f. 104. CCCCLXXV. Curia tenta in capella de Brentwod [23 Nov.] Arthurus Diwson contra Elenam Cordie. — * * * Diffamation. Fassa est that she willed the same Arthure Dixson to take a sawe and to sawe off his homes, which she ment thereby, that his wiefF was not an honest woman, etc. * * Dominus condemnit earn in expensis. — f. 109. CCCCLXXVI. Curia tenta in ecclesia de Burntwood [19 April, 1575]. [^FobbingeJ] 0. D. contra Laurencium Boyden dicte pa- Misbehaviour rochie. — Detectum, that he wrighteth scoffinge & uncomely church.^ '" rimes in the church. Comparuit Johannes Boyden, pater dicti Laurentii, et assumpsit in se ad puniendum suum filium verberibus, in ecclesia predicta, coram gardianis et parochianis die Dominica proximo. — f. 158 b. 158 PROCEEDINGS IN THE COURT OF THE CCCCLXXVII. Curia tenta in capella de Burntwood [19 May]. incoutinence. [Hutton.^ 0. D. contra Johannem Browne dicte parochie, — Detectum quod carnaliter cognovit Agnetem Nott. * * — f. 187 b. CCCCLXXVIII. Curia tenta in capella de Billerica [6 Dec. 1576]. Non-resident, 0. D. contva Johannem Becham rectorem de Springfield Ws b° nefice to^ Bosivell. — Detectum, that he is not resident upon his bene- a sufficient cu- fice, nether letteth it to a sufficient curate. — f. 243 b. rate. CCCCLXXIX. Curia tenta in ecclesia parochiali de Prittvvell [30 March, 1577]. The parishion- O. D. contra ffardianos Sancti Petri de Maldon. — Corn- according to ^ paruerunt dicti gardiani et dominus de et cum consensu their degrees, gardianorum parochie Omnium Sanctorum de Maldon, did order and decre, that the churchwardens of St. Peters shold cause and procure the parishners there, to repaire orderly to the parishe church of All Saintes, one Sondaies and hollidaies, as the parishners of All Saintes ; and that the churchwardens of either parishe, shold joyne together in all matters and causes whatsoever, and everie parishner to be plased accordinge to his degree; the churchwardens of either parishe agreed to the order. — f. 280. CCCCLXXX. In capella de Romforde [22 April, 1577]. Having plays 0. D. contra Vincentium Harcotts et Willielmum Rookes m the church, ^^^g^ gardianos de Westham. — Excommunicati sunt in non comparendo etc. Comparuerunt, et facta per eos fide etc. dominus absolvit et restituit eos etc. Et tunc dominus eis objecit, that whilest theie were theire churchwardens, theie suffered and caused in Lent last past ii sonderie holladaies, there was ii playes kepte in the church, by comon ARCHDEACONRY OF ESSEX, A.D. 1575. 159 players; the one upon the Sondaie before our Ladic, and the other one our Ladaie dale laste paste ; and the people were suffered to stand upon the communion table, diverse of them. The same Vincente Hancottes and William Rokes confessed the same to be true ; addinge, that the same playes were suffered, for that theie had a poore man in decay, and had some relef of the same players, to the use of the same poore man. Dominus acceptavit eorum confessiones. The same William Rookes affirmed, that he comminge into the church, perseved that the players went about to playe, he speakinge to them declared that he wold not give his consent, [and] that theie shold not play there, and he wold not be blamed for them ; but he taried & heard the play, & therein he consented to the play. Dominus eis injunxit that upon Sondaie nexte in service tyme, they shall confesse that theie are sorie, that theie did suffer the church to be prophaned, and in theire negligence therein, he, the same Vincent to give \s., and William Rookes to give ii^. vie?. — f. 283. CCCCLXXXI. Curia tenta in ecclesia parochiali de Woodham Ferris [6 Oct. 1575].* 0. D. contra Thomam Grove, parochie de Woodham Ferris. — Ad certificandum, that he hath lerned the crede and x commandments et quod recepit eucharistiam. — f. 299 b. CCCCLXXXII. Curia tenta in capella de Rumford [28 Oct. 1575] coram venerabili viro Magistro Willielmo Bingham, legum doctore, ofiiciali. O. D. contra Aliciam Pache alias Champneis, parochie de On sureties for Dagenham. — Est excommunicata for not puttinge in sucrties " for the childrens legacies. Comparuit et dominus absolvit. CCCCLXXXIII. Curia tenta in capella de Billerikey [19 Dec] Contra Marcum Simpson, rectorem de Fitsey. — Detectum, T'>e poopie are not etlitied. * There are uiiie sheets stitched at the end of this booii which belong to the years 1575 and 1 570. 160 PROCEEDINGS IN THE COURT OF THE that he is unsufficient to serve the cure ine that theie are not edified by him. * * Dominus eum ex'. [17 Jan.] Fine to the Contra Marcum Simpson, rectorem de Pitsey. — * * * omitting to per- Dominus injunxit dicto Simpson that he shall procure iiii'"' form service, sermons in the yeare ; as also iiii communions, by some learned precher, or prechers, licensed : & for everie Sonday or holiday that his parishioners mise service, by himeselfe, or some curate for hime, he shall give i\is. mid. to the poore mens box; & also that he shall enstructe y^ children with the Catichisme, accordinge to the injunctions, sub pena juris. CCCCLXXXIV. [20 March.] Certificate of Contra Margaretam Orton nuper infra edes cujusdam penance for Antkonii Bennell, de Barkinge. — * * Exhibuit cer- adultery. tificatorium super peractionem penitentie etc. * * tenore sequente etc. M"^ that Margaret Orton accordinge to her appointement hathe done her pennance, in the parishe churche of Barkinge, in Essex, before y® seconde lesson at morninge prayer, upon Sonday the xviii*^ day of March, a" 1575 ; and ther was redd the firste parte of the homilie againste whoredome & adulterie, the people ther present exorted to refraine from soche wickednes, wherby the[y] might incurre the displesure of Almightie God for vio- lating his holy lawe : and she penitent for her offenses etc. * * [Dominus] pronunciavit earn esse sufficienter punitam etc. CCCCLXXXV. [8 May, 1576.] The fault of Contra Richardum Macham, de Layghton. — Comparuit, cui Ac^tobTcon- dominus objecit quod defectum est officio etc. that he is fessed before a dronckard, a swerer and a slaunderer of his neighbores churchwardens etc. In prcscntia dicti Machem fatentis, that sometymes ^"1^^"^°^*''® he is oversene with drincke ; and allso sometymes by provo- parish. cacion he doth use unlawfull othes, for the whiche he con- fessed himself hartely sorey, and promised amendment. ARCHDEACONRY OF ESSEX, A.D. 1570. 16*1 Dominus acceptavit confessionem, et ei injunxit, in parte of his ponishment, that upon Sondaie beinge the third daie of June nexte cominge, immediatly after morninge praier in the parishe church of Laighton, he shall before the vicare or his curate and the churchwardens, and vi others of the chefe of the parishe, then and there presente, penitently confese his falte ; desiringe God and them whom he had offended, to forgive him, promisinge his amendement ; and to give to the use of the poore ii*., and to certifie the nexte corte daie followinge, at Romford. CCCCLXXXVI. [14 May.] Contra Richardum Matheio de Chigwell. — Comparuit dictus Wasting the Mathew et in juditio fassus est, that by his meanes, the ^ '^ "" " tyth mylke of his kyne, was pored downe in the church porche of Chigwell. Dominus acceptavit confessionem et injunxit ei, that upon Sondaie nexte he shall bringe his morninge mylke of all his kyne that daie to the church porch, and there to give it awaie to the poore of the same parishe ; declaringe that he did wikedly in castinge aweie his milke. Et ad certificand. sub manibus vicarii et Gar- dianorum dicte ecclesie hoc loco in proximo. CCCCLXXXVII. [18 May.] Contra Johannem Browne et Cicilliam ejus uxorem de Living apart Rayley. — Detectum, that theie lyve slaunderously asonder, '^""^ ^^'*^" not beinge devorsed. Comparuit dictus Johannes Browne et fassus est se solempnisasse matrimonium in facie ecclesie de Rayley, circiter ii"' annos elapsos etc., and that he hath refrayned her companie by the space of half a yere, or verie nere ; for that he thincketh she doth not love him. The same Cicelie confessed that her seid husband doth refuse her without cause. Et tunc dominus jussit eum ad re- cipiendam dictam suam uxorem, eamque maritali aflTcctione tractandam. M 1G2 PROCEEDINGS IN THE COURT OF THE CCCCLXXXVIII. [6 June.] Monition to Contra Rogerum Nowell curatum de Dengie. — Comparuit main near the ^t dominus objecit, that the children be untowghte the church. Katichisme, for that he remayneth iiii myles from the church. Comparuit et dominus monuit that he shall remayne neare the churche. CCCCLXXXIX. An excommu- Contra Magistrum Bordman rectorem de Fifeilde. — De- nieate rector i i i • • i i administering tectum, that he bemg an excommunicate person, taketh niV°&™" upon him to minister y^ communion; and that the church and chancell is in decaye, and y* he readeth not the homy- lies, nor the latynye. Negavit detectionem quoad eam partem, that he is a coraen dronckard and a disquieter of On purgation, his neighbours. Dominus assignavit ei ad se purgandum vi** manu vicinorum suorum honestorum, hoc in loco, in proximo viz. iii of the clargie and iii laymen. ccccxc. [Eodem die.] Opinion con- Contra Magistrum Browne rectorem de Fobbinge. — De- baptize/chUd! tectum quod loqutus est verba malitiosa, viz., that a childe before he be baptised, is not the child of God, but the childe of the devell. Facta preconisata et non comparente, dominus eum excommunicavit. CCCCXCI. [Eodem die.] Ploughing up Contra Thomam Hawkinn parocliie de Bursted parva. — division of the Detectum, that he hath plowed up a doole, or mere, which parishes. jg ye marke of the division of the parishes, of Dunton and Bursted aforesaid ; so that no mencion therof doth remaine for there perambulacion. Dominus decrevit eum citandum fore erga proximum. CCCCXCII. [Eodem die.] Contra Thomam Geferye de Wickford. — Detectum, that ARCHDEACONRY OF ESSEX, A.D. 1570. ] 03 he obstinately refuseth to be churchwarden, notwlthstandhig H("fusal of the he was chosen by the consent of the parson and parishioners, churchwarden. Dominus pronunciavit eum contumacem, ac in pena etc. excommunicavit eum in scriptis prout in schedula. CCCCXCIII. [Eodem die.] Contra Magistrum Whitlin de Curringham. — Detectum ^n saying the SC1'V1C6 * * that the devine service is not reverently plainelye and distinctlye saide [etc.] CCCCXCIV. [8 June.] Contra Jacobum Hopkinne de Hornchurch. — * * Dictus Consulting a Jacobus fassus est that he went to Mother Persore, at woman. Navestoke, a conninge woman, to knowe by what me[a]ns his masters cattell was bewytched. Dominus monuit eum ad comparendum in prox. ccccxcv. [5 July.] Contra Painter viduam parochie de Romforde. — Detectum Not receiving quod nunquam recepit eucharistiam, and that allwaies when she is exhorted thereunto, she will finde herselfe aggreved with one thinge or other, and saithe there is a thinge speaketh within her, and tellethe her what she sheulde do. Comparuit et fassa est detectionem [etc.] CCCCXCVI. [Eodem die.] Contra Thomam Paidge et Elizabetham Ruggells [parochie Accompanying de Romford] . — Detectum, that theye do accompany sus- gether." piciouslye and ryde together as man and wief, sayeinge that they be suer together before God, and yet will not be asked. Dominus pronunciavit eos contumaces [etc.] M 2 164 PROCEEDINGS IN THE COURT OF THE CCCCXCVII. [3 August.] Monition to re- CoTitra Gavdianos parochie de Asseldoune. — Detectum, that duce the regis- the steple liethe halfe unshingled ut apparet in billa. Com- ter of marriages paruit et fassus est detectionem. Et dominus monuit ad and deaths. ^ reparandam ecclesiam citra festum Pasche proximum. Et dominus monuit eum ad inti'oducendum librum registri nuptiarum et defunctorum in prox. apud Badow xiiii Sep- tembris prox. CCCCXCVIII. [12 Sept.] Sitting at the Contra Richardum Macham et Willielmum Willkynson pa- alehouse. . " •* rochie de Waltham Stowe. — Detectum, that theye satt att the alehouse upon Sondaye, videlicet the viii'^ of Julye laste, from six of the clocke in the morninge, untill three of the clocke in the afternoone. Reservatur pena. CCCCXCIX. [Eodem die.] The minister Contra Willielmum RooJce de Westham. — Detectum, that the^ service by ^^ pulled awaye a mans hatt and threw it from him, and iiibehaviour of would not sutFcr him to sitt in his seate, in the tvme of parishioner. . . , devyne service, but molested him; wherby all the whole parishe was disquieted in the service tyme, and the minister was compelled to stay his service, thoroughe his rudenes w"^ he sondry tymes hathe, and dothe use, in the church in service tyme. Coraparuit et fassus est that upon a certayne Sondaie happeninge in somer laste, he this respon- dent, in the tyme of divine service, cominge into the parishe church of Westham, and enteringe in his pewe, in which he was plased by the churchwardens j and from tyme his ancesters have there bene plased, he by chaunce did throwe downe the hate of Mr. Shipman, w*^^'^ honge as he entered into the pewe, and not otherwise ; in which pewe the same Mr. Shipman willfully and stobernly entereth and entred, being not there plased by the churchwardens. Et tunc ARCHDEACONRY OF ESSEX, A.D. 1577. 1G5 dominiis acceptavit confessionem et qiiod non constat de probacione etc. Dominus eum dimisit donee et quo- usque. D. [14 Sept.] Contra Johannem Ellis et PVillielmum Graunt [joaroc/iie Churchwar- de East Hangfeilde] . — Detectum, that theye beinge church- lectiiig money wardens the last yere, gathered no money of suche persons ^'"""^ ^^^^ ^t*- SGiitcGS iroiu as were founde absent from the churche, according to office chm-ch. as theye ought to have donne. Dominus continuavit causam in statu quo est usque in prox. LIBER ACTORUM in causis correctis in annis Domini 1576, 1577, 1578. DL [17 March, 1577.] Contra Thomam Gybbes de Westham. — * * [Fate- a work of ne- batur that] upon greate necessitie upon the Sondaie before '^^^^^^ "^""^ "° Christmas last in service tyme, he hewed downe a litle tree & made a bridge thereof ; the cause for that he did it the same day was, for that he had a bridge stollen awaye the nighte before; & when the parishners came to church, diverse of them openly complayned, that they cold not saffely come over the bridge, for want thereof. DII. [18 March.] Contra Nicholaum Colepottes vicarium de Southwild. — De- Not saying the tectum, that he seith not the service according to the booke fervice aceord- ' _ _ o ing to the book of Common Prayer. Comparuit dictus Colepottes et fassus <'f Commoa est, that he omitteth moste parte of the service, accordingc ^^^^ ' to the booke of Comon Praier, at such tyme as he maketh exposicions of the Gospells & Pistelles, & when there is 1G6 PROCEEDINGS IN THE COURT OF THE a sermone, & not otherwise. Et tunc dominus monuit, that hereafter he shall orderly, duely and fully sale the service, accordinge to the booke of Common Praier and injunctions sub pena juris. DHL [Eodem die.] Forbidding the Contra Johannem Worme de Friering. — Detectum, that '^""^* he did forbid the banes betweene Edward Browghte and Ane Waighte. Comparuit dictus Worme et fassus est ita factam. Unde dominus dimisit. DIV. [9 April, 1578.] Usury, Contra Marcum Simpson clericum rectorem de Pitsey. — * * Dominus objecit quod detectum est offitio, that he is suspected to be a userer. Dictus Simpson fassus est, that he lent owte a litle money, and had ii*. of the pound, after the rate of tenne in the hundred ; but he did not urge the same, but onely the parties themselves, whome he lent his money to, did of theire owne good will, give him after the same rate; but not by compulcion, he did urge the same. Dominus acceptavit confessionem et in partem penitencie monuit eum, quod die Dominica proximo, in ecclesia de Pitsey, tempore divinorum, he shall openly in service tyme rede the xv*^ Psalm, [et] agnoscat culpam suam et quod tradat ad usum coUectorum v*. DV. [10 May, 1578.] A provoker to Contra Charolum Bandocke de Downham. — * * De- tectum, that he is suspected to be an evell and lewde provoker and procurer of women to lewdnes, and whore- dome with him; and namely, the wief of Clarcke, whom he the same Bandocke hath diverse tymes entised to comite the same abhominable facte with him ; and he the same Ban- docke hath confessed his seid lewde attempte with her, ^ is vehemently suspected of incontinencie. * * lewdness. ARCHDEACONRY OF ESSEX, A.D. 1578. 1 G7 DVI. [13 May.] Contra Stephanum Whithed et Katherinam ejtis uxorem Woman at- de Danberie. — Comparuit; quibus dominus objccit, that she thanks'- caiises the same Katheren Whithed, upon a certayne Sondaie t'i« people to happeninge a fortenighte before Easter dale next, she came into the church of Danberie, with a kerchief over her hed, to give thankes for her childe beringe, at the sermone tyme, w^hilest Mr. Doctor Withers was at the sermone, she with a lowde voyce demanded of Mr. Doctor Withers yf he were redie to doe his duetie she was redie to doe hers ; whereby she trobled him in his sermone and caused the people to make a lafter etc. : and he the same Stephen Whithed, for his parte, with obstinate wordes, mayntayned his wief in her lewde facte. * * * [To acknowledge her fault.'] DVIL [28 May.] Contra Arthurum Dente curatum de Danberie. — Comparuit Marrying a dictus Arthurus Dente, cui dominus objecit, that he maried ^^.^i^f,",^ ^vas a cople, aboute a month paste, one a workinge daie, of dumb, by which cople, the woman was both deafe and dome ; and the same cople were maried in the afternone of the same daie, very disorderly. Dictus Dente fassus est, that by vertue of a lycense directed from Mr. Doctor Byngham, commisarie to the Bishope of London, he maried a cople, whereof the woman was both deafe and dome ; but he thowghte that he mighte so doe, by vertue of the same lycense; but he thincketh he hath done amyse, for the which he is hartely sorey. * * * Introduxit licentiam et dominus eum dimisit. DVIII. [18 June.] Contra Edwardum Chamberlyn et ejus uxorem. — Dominus Marrying with- objecit, that theie maried within the degres of mariage ; '". '^J^-^k'!'^ j'^'^'^* viz. that he hath maried his wyves brothers daughter. 168 PROCEEDINGS IN THE COURT OF THE Dicti Chamberlyn fassi sunt delictionem et asserunt se fuisse legittime licentiatos. [See further proceedings y 19 July.'] DIX. [18 July.] Suspicion of Contra Thomam Brayne curatum de Cranham. — Dominus papistr)'. 1 • • • objecit, that he is suspected of papistrie, and that he allowed the pictures of certayne sainctes, and allso that he doth preach, beinge unlycensed, & allso of smale lerninge. Dictus Brayne fassus est, that sometymes he doth expound upon the Gospelles & Epistilles, et aliter negat, savinge that he did see certayne ymages or picktures, but otherwise he did not regard them. Dominus acceptavit confessionem Monition not etc. Et monuit eum quod imposterum, he shall not ex- to expound . c ^ a ' • i i /-i i without license, pound anie parte of the Scriptures, either the (jospeles or Episteles, or otherwise to preache without lycense sub pena juris. DX. [19 July.] Contra [supradictum] Edwardum Chamberlyn. — * * AUegavit, that he was licensed to marie by Mr. Chanceler of London. Dominus ei injunxit quod imposterum abstineat a consortio dicte sue pretense uxoris. DXI. [Eodem die.] Contra Gabrielem Hone [de Danbery]. — Detectum quod non frequentat ecclesiam, & that he rayled one the minister & the sidemen callinge protestants pratlingstantes. Com- paruit et fassus est, that he was absent one daie and he reported to the minister that theie were no protestantes but prattlingstantes that doe use to tell lyes. To abstain from tlie com- pany of his wife. Railing on the minister, &c. * * Giving wicked counsel. DXII. [33 April, 1577.] Contra Willielmum Willson, alias Reder de Wodham Ferris. Fassus est, that he did wickedly give counsell * ARCHDEACONRY OF ESSEX, A.D. 1577. 1G9 to Johan Smith, whoe was gotten with child Sc never maried, to affirme and saie that one S"^ Thomas French, whoe died ii yeres before the same Johan Smith was browghte abed, to be the father of her child : for giveing of which seid counsell he is hartely sorey. [Penance thereon.^ DXIIL [17 Sept.] Contra Georgium TJioroqood de Hornchurch. — * * Bible, &c. to be • • • • 1 1111 1 1 1 /- 1 bought and [DoramusJ assignavit ei that he shall by a byble oi the chained to largest volume, Mr. Foxes last bookes of monuraentes ; ^''^'^''^• the which bookes must be fastened with lokes & cheynes, upon deskes, within the church [of] Hornchurch, at the discretions of the vicare & the churchwardens, at the charges of the same Thorogood ; citra festum Annimarum prox. DXIV. [11 December.] Contra Mariam Madison et Dorotheam Marshall de Dan- Women attend- berie. — * * Fassi sunt, that theie came to the church thanks with to be churched, or give thanckes, for theire safe delivery ; '^^.^'^Jj^*^ j' "" havmge kerchifes over theire hedes, accordmge to the use: and for that they had the same kerchifes one theire heddes, the curat wold not suffer them to give thancks, and thereby went home without thankes givinge : & theie beinge fur- ther examined, wether theie did were them for anie super- sticion, [say they did not,] but for warraeth. Et tunc domi- nus monuit eos that upon Sondaie nexte theie shall come to the church to give thanckes, & then and there the curate shall cause and se[e] them give thanckes. And lykewise the same Mr. Dente the curate was monished, that hereafter he shall not refuse anie honest woman to give thanckes, coming to the church as aforesaid, theie beinge examined that they doe not were the same for anie superstition. * * DXV. Repetita, xiii" Novembris, 1577. Sabina Rame parochie de Waltham magna vidua. — * * Contracted In vim juramenti sui dicit et deponit, that by the space counted lawful 170 PROCEEDINGS IN THE COURT OF THE man and wife of a yere and a half, there hath bene good will in the waie of mariadge, betwene the articulate William Meade & Margaret Rame, this deponent's daughter ; of this de- ponent's sighte & knowledge ; and her said daughter hath confessed the same to this deponent, and she this deponent did well lyke thereof, and further she seith, that upon the Sondaie after Michelmas day was twelve month, the same William Meade in her howse at Much Waltham, falinge in talke with this deponent, declared unto her, that he had obteyned the good will of her daughter, Margaret Rame ; and in talkinge of mariadge, requested her that she this deponent wold grante her good will, lykewise, and to give her consent: she this examinate then answering, as she seith, seinge, that I perceive that you are both agreed, & that it was there owne matche, she was contented, and praied to God that theie mighte doe well: and thereupon the same William Meade takinge the same Margaret Rame by the hand, who then stod by, sayinge unto her, Marga- ret, nowe that I have your mother's good will, also I doe here nowe take you to my wief, and I doe give you here my faith and trothe ; she the same Margaret holdinge him still by the hand, answeringe, and here I doe lykwise give you my faith and trothe, and doe promise to be your wief; none being there present with them but this deponent : she thereupon requested them that theie shold goe to her sonne-in-lawe, Richard Drane, and to make him privie of it ; that there mighte be a dale pointed for the mariadge ; which thinge theie did as this deponent heard saye, and afterwards theie were accompted for lawfull man and wif before God ; and also the banes of matrimonie was openly asked ii severall Sondaies in Much Waltam church, about Candlemas last, & the third Sondaie theie were forbiden, by Nicholas Satch, whoe claimed mariadge. DXVI. [5 Sept. 1578.] The price and Contva gavdianos et curatum de Dengie. — * * They dimensions of jj^owehtc in thcire surplice, which surplice is tome & verie surplice lixed. « r ' r undecent & uncomly, as appereth-; whereupon the judge ARCHDEACONRY OF ESSEX, A.D. 1579. 171 for that theie neglected their othes, [ordered them to con- fess their fault and prepare] a newe surplice of holland cloth of V*. thele conteyninge viii elles, citra festum ani- marum prox. [On the 6th of October following they were admonished to prepare a new surplice containing six ells at 2*. 8c?. the ell.] DXVII. [29 Oct.] Contra Eliz. Harris uxoreni Ricai^di Harris de Burnham. — Objecting to sit Detectum, that she refuseth to kepe her seate in the church, "' ^ ^'^^^* accordinge to the order appointed by Mr. Archdecon. Comparuit dictus Harris et nomine uxoris sue, fassus est, that his wief was plased in a pews with ii other women, whereof one hath a stronge breth. Dominus acceptavit confessionem et ad proba ndum inprox. DXVIII. [19 December.] Contra Leonardum Callian de Leighe. — * * [Eliza- Communion to betha ejus uxor] allegavit dictum suum maritum to be a ^^ ^^™("'/u' verie old man, and so impotent and lame, that he is not house of an in- able to goe upp the hill to the church, beinge of the age ^™ Prison. of Ixxxx or verie neere. * * Dominus decrevit scriben- dum fore rectori de Leighe, ad ministrandam communionem, cum numero competente in edibus suis, juxta librum etc. citra proximum. LIBER ACTORUM annis Domini 1579, 1580, 1581. DXIX. [9 May, 1579.] Contra Margaretam Bullman de ff^akeringe magna. — Com- Deriding puu- paruit dicta Margareta Bullman, et fassa est, that she de- "* '"*^° ' 172 PROCEEDINGS IN THE COURT OF THE rided the ponishement that was assigned her daughter, Rachell French, whoe was detected of evell lyf. Dorainus ei injunxit, publicam penitenciam, cum dicta sua filia, die Dominica ad septimanam proximam. DXX. [3 June.] Byrd contra Meade, alias Meadowes. — Quo die Willielmus Thwaites exhibuit procuratorem suam pro dicta Byrd, alias per Jacobum Thwaites exhibitum, et fecit se etc. Et ex- hibuit mandatum excommunicationis, cum certificatorio de- nunciationis in dorso etc. et allegavit eandem Meade fuisse et esse legittime et pubKce denunciatam et declaratam, ac post denunciacionem excommunicationis hujusmodi, per xl'* dies et ultra contumacem fuisse et perseverasse, claves ecclesie jura que et jurisdictione spernendo etc. Unde dominus ad petition em Thwaites decrevit implorandum auxilium domini episcopi London quatenus dignetur scribendum pro corporis capcione dicte Meade. DXXI. [6 Oct.] Layman read- Contra Laurenciam Wrighte de West Tylbury. — Detected ing epiaje . ^^^ reading the Common Prayer on Sondaie the vi of Sep- tember last, not being a deacon, and teaching children. DXXII. [Eodem die.] Folding the Contra Johanuem Goldringe clericum rectorem de Lang- church!^ ^^ ^^^ miles, arcMdiaconatus Essex. — Notatur offitio, that his servante, by his consent or proc [ureme] nte, did put his shepe into Langdon church : die et loco predicto comparuit personaliter dictus Johannes Goldringe et fassus est, that a little after Candelmas last his servantes endevoringe & procuring to have his shepe saved, from the coveringe of the greate snowe, which at that tyme so greatly did fale, both by nighte and by daye ; and his servantes beinge not able to bringe them into anie howse, and havinge a care to have them saved, theie havinge the keye of the ARCHDEACONRY OF ESSEX, A.D. 1579. 173 church doore of Langdon hilles, nere which church his shepe were then pastured ; theie then locked the same shepe into the church, where theie were ii dayes, first and last, beinge workinge dayes ; and then by greate labor & paynes his servantes, when the fale of the snowe was ended, theie put them into another place, & made clene the church : all which was done for greate & extreme necessitie sake, & not in anie contempte ; all which was done by his consente. Unde dorainus archidiaconus ac- ceptando hujusmodo confessionem, injunxit eidem Johanni Goldringe, banc penitentiam * * [and] he shall dis- tribute emongest the poore of the same parishe vi*. viiic?. DXXIII. [25 Nov.] Contra Willielmum Norton curatum de Barkinge. — De- ' Letting cbil- tected for letting children christen, and to be godfathers &c. ' and godmothers, being not of sufficient age, contrarye to the Queenes Majesties injunctions. He is a disquiet per- son emongst his neighboures. He withholdeth certayne church goodes. DXXIV. [2 March.] Contra Johannem Boyce de \^Stocke\. — Detected for lyken- Contemptuous ing the Trinitie to a foote ball playe. * * cernin'^ Uie" Trinity. DXXV. [Eodem die.] Contra Johannem Paterson unum gardianorum de Boreham. Churchwarden — * * Tunc dominus objecit, that the first Sondaie in fo^ th'e"com"^ November last past, there beinge a communion in the munion. church, &; the communicants after service ended, beinge redie to receive the communion, theie were rejected, for want of breade and wyne : & then & there the same Pater- son beinge churchwarden, affirmed openly, that he wold not laye owte noe money for it; & wold not prepare anie, for that he cold not tell howe to come by his money againe. 174 PROCEEDINGS IN THE COURT OF THE Children being sponsoi's. Contracting marriage with three or four persons. Suspicion of incontinent life, &c. Breaking the church win- dows. Dictus Paterson fassus est preraissa, et se submisit. Unde dominus ei injunxit, that at the nexte communion, in the same church, he shall openly confesse his faulte & necli- gence ; promisinge amendement. DXXVI. [10 Feb.] Contra Janam Upton filiam Magistri Burres de \Waltham Stowe] . — Detected for being godmother to a child, and never received the communion. Contra Johannem Horton curatum de Barkinge. — Detected for suffering the said Jane to christen the said child. DXXVII. [3 March.] Contra Ciciliam Storton servientem Roherti Webbe de South- wild. — Detected for making herself suer to three or iiii several men. Comparuit Johannes Fox et allegavit se con- traxisse matrimonium cum dicta Cicilia. Unde dominus monuit ad solemnizandum matrimonium, in facie ecclesie, citra festum Michaelis proximum. DXXVIII. [4 March.] Contra Francis cum Jennyngs de Romford et uxor em ejus. — Detected, for that either the said Fraunces hathe burnt his wief, or his wief burnt him, and that she for her parte is vehementlie suspected of incontinent lyef. DXXIX. [18 April, 1580.] Contra Samuelem Spender, Petrum Sakefeld, Johannem Warley et Johannem Marten de [Railey']. — Suspected by fame and reporte to have broken the church windoes and the chauncell windowes. Comparuit Spender, quem dominus juramento oneravit, et monuit etc. citra proximum ; et quoad alios, dominus excommunicavit [eos]. ARCHDEACONRY OF ESSEX, A.D. 1583. 175 DXXX. [Eodem die.] Contra Johannem White de Woodham Mortymer.—T>c- 'n>p cl.uroh •^ clei'k cannot tected, for that he is clarke of the churche and cannot read. read. Dominus dimisit. DXXXI. [19 April.] Contra servientes Willielmi Spencer et Humfridi Drywood Brawling in de [Southbemflete']. — Detected for striving for their places in the tyme of service. Comparuerunt et fassi sunt de- tectionem. Dominus eis injunxit, quod agnoscant culpam in ecclesia predicta. M<^ Johan, Ellis Mones' mayde, skolded & cursed in the church. DXXXII. [18 May.] Contra Willielmum Bat/ley et ejus uxorem de South Wild. — ^oing out of '' ". "^ IT- church during Dominus objecit, that theie went owte of the church in service. service tyme. Eo quod agnoverunt culpam, coram vicario et gardianis, prout apparet per litteras suas, unde dominus dimisit. DXXXIII. xxiiii*° Julii, 1583. [Master William Bingham, LL.D. official.] Contra Richardum Archer vicarium de Wakeringe. — * * Vicar to ac- „,.... , knowledge his [Absolutus est. Lt] dommus mjunxit quod agnoscat cui- fault in stand- pam citra receptionem eucharistiae, coram parochianis ejus- *"» ^"^P^° dem, viz. that he hathe geven offence to his parishioners, standinge suspended, contrarie to lawe ; and that he failed in his purgacion, wherein he was presented for diverse dis- orders, which he was enjoy ned to doe by Mr. Doctor Bingham. DXXXIV. [9 Sept.] Contra Richardum Barker et uxorem ejus de Romforde. — 176 PROCEEDINGS IN THE COURT OF THE Not giving alms to the poor and im- potent. Talk savouring Detected for usinge of theire talke something savoringe of_false doc- ^^^^^ doctryne. And she somthinge suspecte of wycherie. Comparuit dictus Richardus Barker et fassus est premissa, & that he never red the Scriptures, and that Christes God- head was geven him of his Father. Onehe that Christe saide my Faither is greater then my faither : beinge de- maunded wether a Jewe or Christian is best, he aunswered that it made no matter whether he weare a Jew or Christian, seinge that he do well. Ad comparendum in proximo. [2 Oct. Injoined penance.'] DXXXV. 25 October. Contra Barnardum Clarke parochie de Haverstocke. — De- tected for beinge an uncharitable person, & for not gevenge to the poore & impotent, and for not receavinge the com- munion sithence the firste daie of January. Comparuit et negavit, that he is an uncharitable person. Dominus ei injunxit ad purgandum in proximo, 4*^ manu. * * DXXXVI. [Eodem die.] Withholding Contra Hickes de Thurrocke parva. — Detected for with- ^*'^^' holdinge fees from John Wittam the pariter. DXXXVII. [4 Nov.] False opinions. Contra Richardum Plate de Romford Weaver. — Detected for certaine false opinions which he holdeth that he dothe knowe the Father, and the Sonne to be lesse then the Father, and can do nothinge without the Faither geve him leave. Comparuit et negavit et dominus, eo quod gardiani et parochiani de Romforde in juditio affirmarunt eum vix esse mentis compotem [etc.] * * dimisit. DXXXVIII. [28 Nov.] Contra Johannem Turnar parochie [de Bursted magna']. — ARCHDEACONRY OF ESSEX, A.D. 1583. 177 Detected, for that he obstinatlie refused to knele in the Concerning „ ,, • ri •. T , m kneeling at the receavinge ot the communion. Lomparuit dictus 1 urnar communion, et fassus est, that at one tyme he refused to receive it knehnge, for that he thowghte it was not accordinge to the word of God, for that Christ ministred it sitting &c. : but sithens, beinge better instructed, he hath received it knehnge sithens he was presented. Dominus monuit eum quod recipiat citra festura NataHs domini proximum, et agnoscat culpam. DXXXIX. Contra gardianos de Fiefeild. — Detected, for that the The church , . -Ill • darkened by cnurche wyndowes is so painted, that the mynister cannot the painted se to saie service, in the afternone, it is so darke : theire ^^"'^ows. ten comaundementes is all to rent & hange so hie, that they cannot reade them: also the yought of the parishe dothe take upp the stoales, where the parishoners shuld sit, & they lacke rome. In proximum. DXL. [29 Nov.] Contra Aliciam Hawle, uxorem Randulphi Hawle de Rom- The plague in ford. — * * [AUegavit] further that theire howse was ^^ ^n excuse infected with the piaffe that theie cold not receive owte *"V ""* "^"f" . . ... ceivnig the of theire howse. Dominus monuit quod recipiat citra communion. festum Pasche. * * DXLI. [4 Jan.] Contra Johannem Dryver, parochie de Baddoe parva. — Detected, for that theire goeth a common cryme on him that he is a whore keper, and the matter is plaine. Ex- [communicatus ?] DXLII. [Eodem die.] Contra Thomam Lorkin, rectorem de Waltham parva. — Not signing the Detected for not wearinge the surplice, and for not usinge ^^'^^ '° ^^' the crosse in baptisme, accordinge to the Queenes injunc- N 178 PROCEEDINGS IN THE COURT OF THE tions. Comparuit et fassus est, that he hath not worne the surphce, neither useth the crosse in baptisme sithens Michaelmas last paste. Unde dominus eo quod frequenter fuerit admonitus, ac contempserit seu neclexerit etc. eum suspensit a celebratione divinorum, ab ingressu ecclesie etc. DXLIII. [Eodem die.] Similiter. Contra Georgium Parnell, vicarium de Bromfeild. — [Simi- liter.] Fassus est, that he omitted it but once, & then because the father of the child held oppinion, that the child was not perfectly baptised without the crosse ; wherein notwithstandinge he hath satisfied that man ; & he meaneth hereafter to use it orderly. Unde dominus habita monicione etc. dimisit. DXLIV. [Eodem die.] Subtraction of Contra Richardum Humfrayes, parochie de Haverstocke. — Detected, for that he refuseth to paie \ s. which he was rated by the minister and substanciall men of the parishe for the bells makinge. * * Dominus monuit ad solvendum. DXLV. [15 Jan.] On marriage of Contra Magistrum Dawson^ rectorem de Abbes Roadinge contracted per- ^^ ^es/ow Eve parocMe predicte.—NotdA.\iY that they suffered a younge maide to be maried, knowinge that she was assured to another, & the banes forbidden by her mother. [In proximum.'l DXLVI. [13 Feb.] Making a filthy Contra WilUelmum Trene et Elizabetham ejus uxorem, ^ ^^^' parochie de Rayneham. — Detected, for that they have made a filthie ryme, of the most parte of the inhabitantes of this parishe. [14 Feb. Quia contumaciter recusant peragere penitenciam dominus eos excommunicavit.'] ARCHDEACONRY OF ESSEX, A.D. 1584. 179 DXLVII. [Eodem die.] Contra Rohertum, Billing \de Northockenden]. — Notatur Lying with his that he useth to lie with his mother, he beingc above the age of xvii yeares. DXLVIII. [7 April, 1584] Contra Anthonium Walker, par ochie de Burneham. — Com- Proceedings paruit dictus Anthonius Walker et fassus est se carnaliter ^^' cognovisse Margaretam Younge, et se submisit correctioni domini judicantis etc. Dominus acceptavit confessionem et ei injunxit [penitentiam] etc. Deinde post meridiem ejusdem diei dominus officialis certificatus, ex litteris domini archidia- coni. That the same Anthonie Walker was greatlye dis- tressed in mynde, and desperatlye mynded, by reason of his lunacye, and beinge required to deale gentlye and easely with him, for fere he shold desperatlye cast awaye himself, as it was crediblie enformed & certified ; and also perceyving the great perplexitye and desperate behavyour of the same Walker in court, and for the avoydinge of further extremitie, of some desperate attempte, that he wold use towardes him- self, willed the same Walker to serve God, and to take good enstructions of Leper the minister, as also other good preachers thereby for his amendment of lyfe ; and uppon the Sondaye next after Easter yf there be a communion, or some other Sondaye before the next courte, yf there be a communion in Burneham church, there, penitently and openlye before the congregacion, meekelye kneeling uppon his knees, confessing his leude and abominable fact of incest, and fornication by him committed, with Margarett Younge, according to his owne confession, in manner and forme as it shall be directed to the minister in writting. Et ad certificandum in proximum hoc in loco. Et quoad aliam partem publice penitentie dominus distulit donee ei constituent, that his fytte of lunacye had left him. N 2 180 PROCEEDINGS IN THE COURT OF THE Keeping a house of bawdry. Unlawful read, ing and cate- chising. DXLIX. [13 April.] Contra Evance ap Rice et ejus uxorem, de Stratford Lang- thorne infra parocMam de Westham. — Detected for kepeinge of evell rule in theire howse, and speciallie of bawdrie ; they keping a victualinge howse, lodginge strange men and weomen together, in one chamber; and lodging strange men in his bedd with him and his wdef, he arisinge in the morninge lettinge them lie, as by the reporte of theire neighbours. DL. [15 April.] Contra Willielmum Walker, parochie de Cold Norton. — Detected for usinge unlawfull readinge and catechisinge in his howse by one Faunce of Mauldon and Gardiner of Heybridge. Comparuit et fassus est, that in his owne howse & with his owne familie onely, he useth catechisinge & readinge of the Scriptures, the articulate Faunce beinge of his owne familie : et quod Gardiner negavit seu alios. Dominus acceptavit confessionem et ei injunxit, ad se pur- gandum in prox se 4*^ DLL [Eodem die.] Refusal to at- Contra Richardum Yawlinge, de Woodham Mortimer. — without there Detected for beinge absent from his parishe churche vi be a sermon, weekes, and saieth that he will not come to churche, unlesse theire be a sermon preached ; for he saieth that publique service redd in the churche, is no service, unlesse theire be a sermon. * * [Further that] he is not so well edified by readinge, as by preachinge. Dominus monuit ad recipiendam citra proximum et agnoscat culpam in ecclesia. DLII. Using private conventicles. [Eodem die.] Contra Radulphum Stephen, parochie de Wateringe magna. ARCHDEACONRY OF ESSEX, A.D. 1584. 181 — Detected, for that he useth private conventicles in private places, others not beinge of the familie. Coraparuit et objecto, negavit, savinge that one the Lordes dayes, after the sers'ice ended in the church, he doth mete with his neighboures and singe Psalmes, & confere upon the parcell of Scripture together, that theie heare that day ; sometymes metinge at one neighbours howse & sometymes at anothers, that are well gyven ; after which ended, theie singe a Psalme: which metinge is onely one the Lordes dayes or hollidaies ; and other metinges theie have not, which is noe conventicle as he beleveth. Dominus acceptavit con- fessionem et monuit quod imposterum, theie shall not make anie unlawful metinges together, in companie of severall families, but in theire severall houses, whereby anie con- venticle mighte be thoughte or demed : & that theie shall openly confesse that theie are sorie for gyvinge anie occasion of suspicion of using conventicles contrarie to the article : promisinge not to use the lyke before such tyme as theie receive the communion. l_Et ad purgandum se.] DLIII. [Eodem die.] Contra Johannem Knighte,parochie\de Frieringe]. — * * * Refusal to bury The said Knight brought one of Mr. Butlers men, beinge •^^'.^'P" fr"™ an- ° , , ^ , . . . other parish. dead, to be buried in this parish, and for that the minister of the towne, whoe had noe aucthoritie to burie the saide corsse (for that he dwelte in the parishe) the saide John Knighte, buried it without any minister beinge presente, Burial thereof contrarie to lawe as it is comonly reported. * * Negavit ^^'^l'""' mnns- savinge that he was one of them that browghte the corps to the church, & he requested Mr. Clercke to burie the corps, & he refused to [do] it; & uppon his refusall the corps was buried by others, & not by him ; but by whome he knoweth not. Dominus assignavit ad purgandum 4'* manu vicinorum suorum. DLIV. Contra Nicholaum Lynche, de Thaydon boyse. — * * * Penancc for He shall openly before the congrcgacion penitently confcse ""' ni«^>i>'°S 182 PROCEEDINGS IN THE COURT OF THE when the banns that he IS hartelv sorie for offendinge Allmightie God ; & had been asked. ,,,,,,i i,i • • • , that he hath abused the congregacion, in procunnge the banes openly to be asked in the church, betwene him ik Johan Robertes, & not procedinge in the mariadge. DLV. On praying for the queen. Monition against con- venticles. Objection to the surplice being worn. [4 June.] Contra Magistrum Willielmum Seredge, redorem de East- hanfeild. — Detected, for that he praieth not for the Queenes Ma*'^ accordinge to hir injunctions; viz. he leaveth out of hir stile, the kingdome of Fraunce ; neither dothe he main- teine the booke of articles, and useth not the crosse in baptisme. * * * Dominus injunxit ei, quod agnoscat culpam, coram gardianis die Dominica ad septimanam, DLVI. [30 June.] Contra Eundem. — * * * He hath not at anie tyme had or used anie private conventicles in his howse, con- trarie to the lawe; savinge that sonderie tymes, diverse of his honest & well disposed parishioners, and sometimes others of other parishes, uppon the lordes dayes after eveninge praier ended, theie mete together in his howse, and singe Psalmes & use praier, & not otherwise; which is not against the lawe, & yf he hath offended in the pre- misses, he referreth himself to the correction of his ordi- narie. * * Dominus monuit quod imposterum ne habeat posthuc occulta conventicula directe in contraria leges hujus regni Angiie sub pena juris. DLVII. [Eodem die.] Contra Johannem Kele [de Woodham Ferres]. — Notatur that he cometh not to churche when there is noe sermon, for that the surplice is worne : likewise he refused to paie anie thinge to the washinge of the surplice, and wold not have it worne ; but wold geve mony that it shuld not be worne. Comparuit et fassus est detectionem, that some- tymes he useth to goe to heare a sermon, when theire is ARCHDEACONRY OF ESSEX, A.D. 1584. 183 none at theire owne parishe churche ; and for the wearinge of the surpHce he saithe that in his conscience, he wold not have it worne. Dominus acceptavit confessioncm, et monuit eum ad recipiendam eucharistiam [etc.] ; et quod agnoscat culpam tempore receptionis [etc.] DLVIII. [1 July.] Contra Johannem Bente, de Blakemore. — * * [He] is Suspicion of suspected much of papistrie, for that he counselleth diverse P'^P'^*^'^- from the readinge of the bible, and affirmeth a carnall presence in the sacrament after the words spocken. * * Dominus assignavit ad purgandum se v^*. DLIX. [22 July.] Contra Richardum Bennett, parochie de Westham. — De- On refusal of tected, for that he was chosen by the vestre to be a side- man, and he refuseth to be one ; but the churchwardens request to have him accordinge to order. Dominus dimisit. office of side- man. DLX. [24 July.] Contra Edmundum Binder, curatum de Blackmore. — Domi- Expounding being un licensed. nus objecit, that he expoundeth upon the text soraetymes ^'^'"'^ ""' & is not licensed. Fassus est, that sometyme he expoundeth the Scripture & not licensed. Dominus acceptavit con- fessioncm et CO quod contra monicionem alias contra eum inter positam resistat. And also for that there was tow chil- infants died dren in the same parishe, which died unchristened, by his unbaptized, &c. necligence, for that he would not christen them before Sondaie followinge, and died in the meane tyme, a minis- tracione sacrementorum et sacramentalium, necnon a divi- norum officiorum celebratione suspendit eum. DLXI. [Eodem die.] Contra Ricardum Baker [de Easthanjield]. — Detected for 184 PROCEEDINGS IN THE COURT OF THE Suffering un- suffei'inge unrulie persons to ringe and jangle the bells i-uly persons fo - . . . . jangle the bells, out 01 duc season. Ad comparendum in proximo. DLXII. [27 August.] Contempt of Cofitra Johannem Leche, de Hornchurch. — Absolutus est astica! ^Ic^''' * * Dictus Leche fassus est, that he teacheth children and he hathe no license, but by word of mouth from Mr. Archedeacon. Dominus eum suspendit, donee sufficien- ter licentiatur per dictum archidiaconum. Et ulterius eo quod dictus Leche contumaciter respondet, se nolle re- spondere detectis. Deinde ulterius contumaciter respondet, ut prius, viz. respondendo that he is molested and called only but for mony, & that the word of God doth allowe noe money for absolution, and that the end is but for monye, & that the church of God mighte well mise such officers, & that the church of God mighte be well enowghe governed without them, meaninge the judge and all other judges ecclesiastical and registers. Et objecit detectionem viz. that he is presented to catechise & preache in his house diverse persons besides his owne familie everie Sabathe dale [beinge present] dicto Leche fatente, that he dothe catechise to his familie and schollers in his howse, and others do resort, but not by his meanes. Dominus accep- tavit confessionem et propter ejus manifestum [contemptum etc. eum excommunicavit], DLXIIL [8 Sept.] Knowing CoTitra Abrahamum Smythe et Johannem Poolie, parochie pTe!!^;t'ing°''* \.de Fiefield].— Detected for that they did knowe of all them. the foresaid faults and would not present them. DLXIV. [9 Oct.] Refusal to con- Contra Edivardum Magget, de Duddinghurst.— * * fess fault. Dominus ei injunxit quod publice agnoscat culpam [etc.] and [he] openly in corte affirmed that he wold never confese anie such falte whilest he lived. ARCHDEACONRY OF ESSEX, A.D. 1585. 185 DLXV. [9 Oct.] Contra Radulphum Barnes et Elizabetham ejus uxorem, de Being married Duddinghurst. — Notatur that theye are suspected not to ^■^^ be lawfullie maried, wheirefore the parishoners require to have a certificate of theire mariadge. * * theie confese that theie were maried without the rynge, required by the booke. Dominus acceptavit confessiones et eis injunxit quod insimul ac consortium in posterum non frequentant, donee constiterit de sufficiente solempnizacione matrimonii. DLXVI. [5 Nov.] Contra [Iconimos de Westhani] . — Detected, for that they Not ' con- will not conclude with the sworne men accordinge to their f'"'^'°g' ^'*h ° the sworn men. othes. Dominus eos diraisit. DLXVII. [10 Feb.] Contra Thomam Robiout [de Blakemore'] . — Detected for Encouraging encoraginge of ringers to ringe unlawfullie. Comparuit '"'"."^^ j" ""^ et fassus est, that the nexte daie after the dale of the solempnizacion, he caused some of his neighbores to ringe but one pele, which he thowghte he mighte doe. Dominus acceptavit confessionem, et ei injunxit, quod agnoscat cul- pam ; sen solvat vie?, ad usum pauperum. DLXVIII. [26 April, 1585.] Contra Johannem Shonnke seniorem, de Romford. — Detected Seeking the for that he wente to faither Parfoothe for helpe for his ^''^"^^ '"'**=''• wief: whiche Parfoothe is suspected to be a wiche. Com- paruit dictus Shonncke, et fassus est detectionem, and saethe, that for the helpe of his wief he went to him, and if it weare againe, he wold do the like to helpe his wief: which Parfoothe is counted to be a wiche, and is allowed for a good wiche. Dominus acceptavit confessionem et injunxit ei publicum penitentiam peragendam in capella de Haver- 186 PROCEEDINGS IN THE COURT OF THE Drunken curate. inge, tempore divinorum etc. confessinge himself hartelie sorie for sekinge mans helpe, and refusing the helpe of God. DLXIX. [Eodem die.] Contra Richardum Atkis, curatum de Romford. — Detected, for that he was so drunke the xxi of Marche last, beinge Sondaie, that he could neither examyne the youghe in the Catechisme, nor saie eveninge praier ; but wold have said one lesson twice. * * [Dominus] excommunicavit eum. Accusation of being an Ana- baptist, &c. Selling a right in a contract of marriage. DLXX. [Eodem die.] Contra Johannem Leche, de Hornchurche. — Comparuit et fassus est se non licentiatum ad erudiendum pueros. He affirmed that Mr. Archdecon whoe sittinge in judgement hath hardly delte with him, and that he hath accused him to be an Annabaptist, a Sisematicke & a Puritine : & that for his owne parte he doth not cathechise, but to his owne familie ; the which he maie doe, by the warantise of the word of God: beinge demanded howe fare he is bounde to obaye the Prince, he refused to aunswere. DLXXI. [16 June.] Contra Henricum Marshall et Johannam Brewer, de Warley magna. — Notatur that they weare contracted together, and afterwardes the said Henrie sould the said Joane, unto one Edward Croxen for X5. : and for that the X5. was not paid, the said Henrie did forbidd the banes. Comparuit dictus Henricus et allegavit, that he did forbid the banes, for that she promised [him] mariadge, but he hath noe profe. Dicta Johanna vertute sui juramenti negavit premissa. DLXXII. [17 June.] Contra Thomam Rogers, de Thaidon boyse. — Notatur offitio. ARCHDEACONRY OF ESSEX, A.D. 1585. 187 that inderectly for a some of money he was bound to ^onsentinj; toa , !• ^ ^ • '^j^j, divorce for a consent to a divorse betwene mm and his wiei. * * sum of mouty. DLXXIII. [13 Oct.] Contra Johannem Warde [de Westhain] . — Detected for Collusion, bearinge with his wief in hir whoredom ; he knowinge of the same. Comparuit et negavit detectionem. Dominus assignavit ad purgandum se 4*^ manu honestorum suorum. DLXXIV. [8 Dec] WiUielmus Asheton affirmed that he was here the last Contemptuous corte daie, that he that sat as judge the last daie, was cei^'ii'nrthe" more like an ydoll. then a judge, and therefore an unfitt juJge, &c. judge, that can saie nothinge : and he beinge required for his letters of his orders, he said that he had them not here, neither would he showe them to any ; but to the bisshopp, of whome he had them. Tunc dominus monuit ad comparendum hoc in loco, post meridiem ad videndum ulteriorem fieri. And as for you, meaninge Robert Lynn, the regester, you daube upp addulteries and whoredomes for monye. DLXXV. [8 Feb.] Contra Robertum Hamond, de Bobinger. — Detectum prout Calling the in billa. Comparuit et objectum, that he said some of the devlls"&c." parishe were develles. Negavit. And that yt were as good steale a horse, as to playe of lawful game, one the Saboth daies. Negavit, saying that in abusinge the Saboth daie, it was as lawfull to steale a horse, as abusinge the Saboth daie. Fatetur, that he confessed that he is a fellowe haire. He denieth that ever that he nede to here sermones. Fassus est, that he hath affirmed that he knoweth whoe is the child of God. Objectum, that he useth unlawfuU conven- ticles. Negavit. He offeten absenteth himself from his parishe churche one Saboth daies & holie daies ; & that he will not paie his forfeitures for his absences : fassus est. 188 PROCEEDINGS IN THE COURT OF THE On preaching or catechising being un- licensed. Ante-nuptial incontinence. that when there is noe sermones he goeth to [an]other church, where the word is preched, & therefore he will not paie the forfeiture : he hath not abused the minister. Quod negata dominus assignavit ad purgandum se vi'* manu. DLXXVI. xix°° Septembris, 1586, coram Archidacono Essex. Contra Johannem Leche, Ludimagistrum de Hornchurche. — Comparuit et dominus objecit, that he oppenlie preacheth, usinge it for the mannor of catechisinge ; to the which catechisinge greate companie do resorte : he beinge not licensed thereunto by any lawfull aucthoritie. The same Mr. Leche personallie appearinge confessed, that he dothe usuallie catechise and expounde Psalmes to his familie ; to the which diverse others then his familie do resorte ; not at his appointment, but of there voluntarie willes they do resorte to his catechisinge : and that he is not bound to shott his doores ; and that he haithe reproved some of them for cominge to him, and yet they come. Dominus acceptavit confessionem et ei injunxit, that he shall not catechise oppenlie to all comers and companies, in mannor and forme as nowe he useth ; but onelie to his owne familie. The said Mr. Leche aunswered that he will not shutte his doores, and that he shall not use any mannor of cate- chisinge or expoundinge in the night tyme. DLXXVII. [13 Oct.] Contra Robertum Meadowes, de Lees magna. — Comparuit et dominus objecit quod carnaliter cognovit quandam An- nam Giles ante nuptias. Fassus est, et allegavit se con- traxisse matrimonium cum eadem Anna, and that he meaneth to marie hir citra festum annimarum proximum ; et tem- pore solemnizacionis ejusdem matrimonii dominus injunxit quod agnoscat culpam. DLXXVin. [7 Nov.] Contra^ Matheum Fisher, de Romford. — Detected for plaie- ARCHDEACONRY OF ESSEX, A.D. 1587. 189 inge at stoole bawle in service tyme, and gave crewell wordes P'aving at to the churchwardens for demandinge xud. of him for his service time. absence. * * Ad interessendum in proximo. * * [2 Dec. To pay 12d, to the use of the poor.'] DLXXIX. [1 Dec] Contra gardianos de Burneham. — Notatur for not suffer- Not allowing ... 1 1 .L i i 1 -ii *'^^ minister to inge there mmister to preache, but contemptuously with- preach. held him forthe of the pulpit the vi of November last. Comparuit personaliter, et monuit, that hereafter they shall use their minister well and charitablie. Unde dominus eos dimisit. DLXXX. [19 Jan.] Contra Johannem, Thornton de Shoplande [et sex altos']. — Licence of Dominus ex certis causis eum moventibus eos .... church, casu quo imposterum frequentant ecclesiam tempore divi- norum diligenter, eos licentiavit sub forma sequente, viz. theie are lycensed ii of them onely when there is noe sermon at Shoplande churche, to goe else where, [where] there is anie sermone ; and not all of them to be absent from there parishe all upon one dale, but consequently ii of them onely to be absent, & the other iiii to be at there parishe church duringe all the service tyme & the redinge of the homilie, when there is noe sermond sub pena juris. DLXXXI. [20 Jan.] Contra Robertum Sulmon [de MucTcinge]. — Detected for Withholding . • .. iPii !!• 1 account of not gevemg upp his accompte ot churchwardenshipp, de- churchwarden- teyninge monye in his handes. Defunctus est citra de- ship. tectionem. DLXXXII. [21 Jan.] Contra JVillielmum Geve, curatum de Thadon. — Detected Marriage fees. * * for takinge xs. of two of his parishe for a mariage * * 190 PROCEEDINGS IN THE COURT OF THE DLXXXIII. [21 Feb.] Defacing the Contra Magistrum Presson, Ludimagistrum [de StocJce]. — making a fire. Non licentiatus est, and that he haithe defased the chaunsell in makinge a fire for his schollers. DLXXXIV. [21 March.] Burying the Contra Samuelem Wi/thers, de Danberie curatum. — De- dead and mar- . rying persons, tected, that he burieth the deade and churcheth women, orde^r"by con- ^^inge suspected to be unlicensed. Magister Doctor Withers sent of the personaliter certificavit, that uppon the necessetie of his sicknes, by the consent of my Lord of London, and by his allowance, the same was done once by him : but here- after he shall not deale in the same function : but he the same Samuell meaneth to enter into the ministerie, at the nexte orders that is gyven. DLXXXV. [24 April, 1587.] Attempting Contra Johannem Hockley, de Duddinghurst. — Notatur quod seduction. . , . tt i i ^ ^• attemptavit pudiciam Katerme Holden : pubhca lama re- ferente ; and that he offered hir m.oney to be lewde with her. DLXXXVI. [Eodem die.] Breaking into Contra Gilhertum Peakocke [et alios] de Bechampe Road- ti\iG cnuFcli &c ' * inge. — Notatur for breakinge into the churche of Abbas Roadinge, and bringeinge in Mr. Ward, an unlicensed minis- ter, beinge suspended, to preache. * * * [Johannes Baker] fassus est, that the church doore beinge shute, and wold not be opened by the churchwardes, he went in at the steple. [^To acknoivledge their faults therein.] DLXXXVII. [28 April.] Contra Tymotheum Ockeley, clericum vicarium de Bursted ARCHDEACONRY OF ESSEX, A.D. 1587. 191 magna. — Detected that he maried one John Wollston in PorforminR 1 • en ■» /r 1 • • 1 marriage at a the tyme exempted, viz. nppon throve Mondaie, ^\^thoute time exempted, lycense. Comparuit et fassus et allegavit, that the bannes was full asked, and therefore he committed the same ig- norantly, and not uppon anie contempte. Dominus ac- ceptavit confessionem et ei injunxit, quod publice agnoscat culpam. * * DLXXXVIII. [27 April.] Contra Edwardum Glascocke \de Easthaninqiield'] . — De- Lodging his 1 ^ , . .\ . . niaid in the tected for liemge himself, his wief, and his maide, together same bed with in one bedd ; and cometh verie late to service. Comparuit l"^^^®'^^"*^ et fassus est, that about a yere past he beinge then a lone man, he had but onely ii bedds, and he had both a man servant & a maide servant; whereby he was driven to lodge his maide with his wief, untill he provided an- other bed. Unde facta fide et habita monitione. Dominus dimisit. DLXXXIX. [21 June.] Hornchurch. Contra Johannem Leche. — Detectum (prout Presentment sequitur). We fynde and presente that one Whitsondaie from church. last, beinge the 4^*'^ of June ; we beinge comaunded by Mr. Vickare, beinge at service to goe abroad and comaund men to come to service, that we found John Leeche in his private howse, at an exercise, with as greate, or rather greater assembly, then was in the church at owre departure from the chm-ch ; and this is ordinarie most Sondaies. * * \_Note — See other proceedings against the same person : 27 Aug. 1584 ; 26 Apr. 1585 ; 19 Sep. 1586 ; 14 Sep. 1587.] DXC. [22 June.] Contra Johannem Waspe, de Southbemflete. — Detectum, Refusing reve- that he contemptuouslye refuseth to make reverence to the nameof Jes^us. n ame of Jesus. \In the margin is — Ex."] 192 PROCEEDINGS IN THE COURT OF THE DXCI. [Eodem die.] Marriage in a Contra Bartholomeum Glascoke, rectorem de Bobinqer. — private house. rr- • ^ ^ •! T.1 -Kir 1 Notatur omtio^ that he maried one Robert Masson, gentel- man, and Margarett Borne, mayden, in Mr. Bornes house, in Bobinger parishe, at Shroftid last past, or littell before, without lawful! lycense. Comparuit dictus Mr. Glascoke et fassus est, that he maried the same parties aforesaid, the tyme aforesaid, the banes beinge first iii tymes law- fully asked, & the same mariadge beinge thene solempnized uppon necessitie sake ; for that the same Margarett Borne was sicke and longe before the solemnizacon ; whereby she cold not safely come abroad, without greate danger of her further sycknes & recoverie ; and for necessitie sake, and not otherwise upon contempt, he affirmed then beinge presente diverse of good credite and estimacion at the said mariadge : of which sycknes she is not yet verie well re- covered. Ac super veritate ejusdem fecit fidem. * * [Dorainus monuit] quod imposterum, ne procedeat ad hujus- modi nuptias contra juris ordinem, et dimisit. DXCII. [23 June.] Refusal to have Contra Matheum Hailes [de Burnehairi]. — Detected, for that ap ize . j^^^ causinge his childe to be broughte to the churche, to be baptised, wold not let it be baptised, onlesse he might have the word ; and the worde beinge showed him, he w^ente awaie in dirision, and wold not suffer his childe to be baptised. DXCIII. 14 Sept. 1587. Ad acta Leche. Monition not to [Dominus] strictc precipuit [et] injunxit ei, that from pound. * henceforthe he shall not use any private lecture or expo- sitions of Scripture or catechisinge of his schollers in the presence of anye which are not or shall not be of his owne howsehold or familie sub pena juris. Dicto Leche dissentiente [etc.] ARCHDEACONRY OF ESSEX, A.D. 1587. 1 Oo DXCIV. [16 Sept.] Contra curatum Seredge, de Easthanfeld. — Domiiius objecta Curate not re- , . 1 1 1 ii • niindinq; tlie detectione, that he hathe not geven warninge to the church- clnnoh warden a wardens to looke to there dutie in service tyme, for such °^ ^'"^"" '^"*^y- as are absent from service, in presentia dicti Sercdgc fatente, that he hathe benne negligent in observinge the same, by meanes of his forgetfulnes ; but hereafter he will be more diligent. Unde dominus habita premonitione salubria eum dimisit. DXCV. [13 Oct.] Contra Johannem Petchie et ejus uxorem de Frieringe. — Child baptized Notatur officio doraini judicantis, that they kepte there father" nK-^ childe unchristened iii weekes, and that the wief of the said Petchie brought hir childe to be baptised, when she came to geve thanckes, at the end of the iii weekes ; and came not to geve thanckes for hir deliverie as she ought to doe. * * * Contra Magistrum Owen^ dicte pdrochie rectorem. — Notatur officio domini judicantis, that he baptised the childe of the said Petchie, and had but one godfaither to aunswer for it, it beinge man childe contrarie to lawe. Comparuit per- sonaliter dictus Mr. Owen, cui dominus objecit articulum predictum, in presentia dicti Owen fatentis, that by reason the childe was weake and in danger, and that the faither of the childe earnestlie requested to have it baptised, for feare of deathe, he did baptise it, by one godfaither ; yet he requireing at the hands of the parents of the said childe another godfaither ; and the faither makinge aunswer againe, that he was disapointed of the other godfaither ; et desuper fecit fidem : unde dominus eum dimisit. DXCVI. [13 Dec] Contra Augustinum Draper, de Leighe. — Comparuit et Oijinions ou dominus objecit, that the common reporte [is] that he points!'^ 194 PROCEEDINGS IN THE COURT OF THE doth not acknowledge the immortalitie of the sowle ; and by his owne speches he hath affirmed the same. Dominus ei injunxit, that he shall have conference with Mr. Bernnan, Mr, Negus, & Mr. Dent sonderie tymes in metinge in Lee churche ; whereby he maie be fuUee perswaded of the immortalitie of the sowle ; and to certifie under there handes, of his full perswacion of the immortalitie of the sowle, in proxima apud Bado tenenda, et ad comparendum eodem die : and lykewise that there is noe transubstan- [tiation] in the sacrament, and that God hath his lawfuU ministers and that theie owghte not to have anie salarie or stipend, but to lyve of the alter. LIBER CORRECTIONUM Archidiaconatus Essex. Damage done to tlie church hy the camp. Dxcvn. [7 Nov. 1588.] Coram Venerabili viro Magistro Wil- LiELMO Binge, A.M., officiali. Contra gardianos de Weste-tilburie. — * * fassus est, that by meanes of the campe that did lie there, there churche stooles and wall is muche brocken downe. Unde dominus injunxit eis ad reparandum premissa citra festum Michaelis proximum. — f. 11 b. Dxcvin. [8 Nov.] Suffering a Contra Magistrum Anger, gardianum de Westham. — No- in'the^ church ^ tatur offitio domini, that they suffered a minstrell to plaie in the churche in service tyme at a weddinge the of October last.— f. 12 b. DXCIX. [19 Feb.] Contra Robertum Dewgard et Katherinam Abbott, de Rom- ARCHDEACONRY OF ESSEX, A.I). 1588. 195 ford. — Detected, that after they were made suer and be- 'Scliinj; tlie 11 1 111- 111 • • f?<'< Ills of person trothed together, and also being asked three tunes in to wliom lie church, he have sould the goods of the said Katherine, ^^•'''* '^■"ntracted . "1 marriage. and niaketh a laughing stocke of the mater ; and bragethe that he will not marry Avitli her. Comparuit dictus Dew- gard et fassus est, that he did bere the same Kathercn good will in the waie of mariadge, & she lykewise did bere the lyke, and beinge both agreed, the banes of mariadge was asked, and he entended to marie, and so doth entend nowe ; and she lykewise entendeth the lyke. Unde domi- nus monuit ad solempnizandum matrimonium citra x"'" ApriUs proximum. — f. 62. DC. [18 March.] Contra TJiomam Neivman, vicarium de Cannondon. — Re- Refusal to cusat denunciare et publicare quendam Robertum Bon- ham de Cannondon predicto, et alios diversos. Detectus erat dictus Bonham de incontinencia cum uxore Richard i Rowle nuper de Canonden. — f. 66. DCI. Contra Galfridum Petigrewe, parochie de Haverdstock. — Railing Detected for raylinge against Mr. Evans of High Onger, and reviling him and called him raskall, Jacke, and skurfe. — f. 68. DCII. Contra Johannem Hankin, de Eastivood. — Notatur officio, Fame of Ihcod- publica fama referente, de incontinentia cum Clara Greene * * * Negavit tarn factum quam famam etc., saving that he being in the house of the same Clare Greene, being requested by her in the absence of her husband, for her defence against the misbehaviour of certaine soldyers ; who behaved themselves most unruly, and he resysting them, and keeping them out adoor; they upon that cause only exclaimed and said, that he was nought with her the said Greene ; and as for any other fame there is not, but onely upon their malicious speches, because he withstode them o 2 196 PROCEEDINGS IN THE COURT OF THE Not proving will. of their wicked practeses, in the defence of the said Clara Greene as aforesaid * * — f, C8. DCIII. [13 May, 1589.] Contra Langley, viduam parochie de Alveleghe. — Detected, that [she] standeth excommunicated, for not proving hir husbands will. — f. 94. DCIV. [Eodem die.] Intruding on Contra Edwardum Binder, de Blackemore. — Detected, that function, and he doth not only intrude himselfe into our vicar his function, ScH)"ure"^*^^^"* also taketh uppon him to expounde the Scriptures, and addeth thereunto of his owne heade (unlycensed to preche) ; and doth not alwaies geve warninge in the church of fishedaies, and holydaies ; and that he is thought to serve by way of intrusion. Dominus monuit ad exhibendam licentiam. — f. 97 b. DCV. [14 May.] Contra Jacobum Forrester, parochie de Railey. — Detected, that he being excommunicated, hath preched sundry times at Paglesham ; and also hath baptised, not usinge the signe of the crosse in baptism ; nor never wereth the surplice * * [Dominus decrevit eum excommumcandum fore?^ — f. 101 b. DCVI. [Eodem die.] Drunken men Contra Johaunem Badcocke, de Railey. — Detected, that he divei^'charac- "^^^^^ others more (sytting uppon their alle bench, and ters. greatly abusing themselves, at one mother Larkinge her house,) the said John Badcocke toke upon him and was called by the name of Mr. Parson, another taking uppon him and was called by the name of churchwarden, another by the name of a sworne man, an other by the name of the honest men of the parishe, and another by the name of an apparitor; whose name was Thomas England: and thus Preaching, being excom- municate. ARCHDEACONRY OF ESSEX, A.D. 1589. 197 sytting abusing themselves like drunken sottes etc. * * [To] contese that [he] is hartely sorie in so disorderly behaving himself. — f. 102. DCVII. [15 Sept.] Contra Tliomam Charvile et Johannem Bennet, de Rom- Burying a ford. — Detected, that at the request of M"^ Quarles [they] i^remony. did bury a maide servant of Mr. Quarles, without any seremony, and not according to the communion booke, upon Thursday, being the v^'* of June (as we remember). Coraparuit dictus Charvile et allegavit, that he being one that did help to make the grave etc., and that M"^ Quarles did comaunde him to throw earth uppon her, & he de- maunded who shold bury her, Mr. Leche standing by answered all we here presente ; who then thrcAve the earth on her & covered her. Unde dominus acceptavit confes- sionem etc. et monuit ad comparendum in proxima. — f. 148. DCVIII. [18 Sept.] Contra Thomam Newman, vicarium de Cannondon. — Stat Relaxation of suspensus in non comparendo etc. Comparuit dictus Tho. paymenroffres Newman et petiit beneficium absolucionis etc. Unde domi- of court. nus obtulit ei relaxacionem suspensionis, casu quo reddat feoda curios debita etc. ; quam expresse recusavit etc. * * Delude solvens xviii d. expensis contumacie etc. et facta per eum fide etc. Dominus restituit. — f. 156. DCIX. [22 Oct.] Contra Johannem Hopkinson,parochie de Westham. — Com- Nailing h;; * Fassus est, that he gave xs, to Gil- bert thapparitor to thend that he might not be called into this corte. * * * — f. 51. Bribing tlie apparitor. DCXXIV. [18 Jan.] Letting the Contra Jonam Miles, de Raleighe. — Detected, that he people depart jjj^ unordcrlvc, againste the churchwardens willes, lett forth from ehui'ch at ./ ^ o ^ the time when the people, forth of the churche, the core beinge abowte w^s^gaThered* ^^^ gatheringe of a seisement towardes the repayringe of the glasse windowes. * * Negavit, that he did anie waye interupte or trowble the said churchwardens in the gather- inge of theyre seisement etc. Tunc dominus, cum mo- nicione, to be of good behavior towards the churchw. et dimissit eum. — f. 57. DCXXV. [6 May, 1591.] Specimeu ser- [Contra'] Amosim Leivis, curat am de Cranham. — * * men to be Fassus est, that he hathe expounded and is not yet licensed preached ^ ^ *' ARCllUEACONRY OF KSSEX, A.D. 1591 !20o thereto, but wold that Mr. Archdeacon would appoint some i^t-fore th.- time that he might preache before his wor[ship,] and yf he should accepte of him he would request his wor[ship] to be meanes unto my Lord of London that he may be licensed to preache. [A day appointed for the same.'] — f. 113. DCXXVI. [16 June.] [Contral Johannem Woolbere et Ameam Gardiner, de Talebearers, Blackmore. — Detectum hiis verbis viz. for that they fall out and fight in the street ; and go from house to house, with tales to make discord betwene neighbors. Ex. — f. 137 b. DCXXVII. [12 July.] Contra Johannem Burr Generosum [etc.] de Barking, — Monition to re- * * Respondebat, that he hath received according to his toVhe''book of° conscience ; and further he confesseth that his conscience Common will not permit him to receave, according to the booke of Common Praier: but he allegeth, that he cometh to his parish church of Barking, to here divine service. Unde dominus monuit, that he shall receave the communion in his parish churche of Barking, according to the book of Common Praier, before Christmas next. * * — f. 147. DCXXVIII. [Eodem die.] Contra Magistrum Gage et uxorem, de Laighton. — * * Fi"^ to the Ex- TTT- 1 11 1 T 1 1 • • • T 1 chequer for [His servant allegethj that his master is indited to pay recusancy. unto her Ma*^ as a recusand, viz. xx li. every month : and for profFe wherof, he exhibiteth a talles for the paiement thereof out of the Excheker, and also an acquittance for the payment of one halfe nowe past. Unde dominus ac- ceptavit et decrevit supercedendum fore, donee in proxima curia * * — f. 149 b. DCXXIX. [Eodem die.] [Contra] Magistrum Thomam More et ejus uxorem, de 204 PROCEEDINGS IN THE COURT OF THE On refusal to Laiohton. — Comparuit personaliter dictus Mr. More et fassus attend church, i • • i , i , by a person cst, that truth it IS, that he hath not receaved the com- who had suf- munion, and hath not come to church, to here divine ser- fered imprison- ^ ' ment for that vice of longe time : and allegeth that he hath ben imprisioned in divers places, for that his conscience wold not permit him to come to church & receave the communion : and doth nowe remaine her Ma*'®^ prisoner, and goeth abroade being bond to answere, when the counsell shall call for him; and therefore ought not to be further any waies mo- lested, as appereth by a warrant under the hand of the Right Honorable Mr. Anthony Astley, one of the clarkes of the counsell : and that he i^ also indited to her Majesty & his goods and lands is ceised to her Ma*'^ ; and therefore requireth to be dismissed. * * \^Ad comparendum et ad videndum ulteriorem processum fieri.'] — f. 149 b. DCXXX. [Eodem die.] Warrant to ex- CoTitra domirtam Margeriam Throgmorton parochie de ance at church Westham.'\ — [Similiter.] Quo die comparuit Mr. Ricardus &c. Swarton et nomine dicti domine Throgmorton fassus est, that the presentment is true ; but allegeth that the said lady his mistres, hath a sufficient warrant, to dispense both for herself and for her whole howsehold servantes; that they, nor eyther of them, shall not be trobled by the ordy- nary of the place, or any other whatsoever ; but only to be at the counsells commandment, whensever they shalbe called: as appeareth by a warrant from the said counsell. * * [Dominus] decrevit supercedendum fore donee de novo presentatur. — f. 150. DCXXXI. [13 July.] Not visiting the Contva Magistvum Clipsam, rectorem de Stanford le Hope. — pectedofpailis- Detected, that he visiteth not the sicke ; when he is absent try- he seldom leaveth any to serve the cure in his absence ; he & his wif very often departe the church in sermon tyme : wherefore they are suspected to favore the popishe religion. Prox.— f. 155*b. ARCHDEACONRY OF ESSKX, A.D. 1591. 205 DCXXXII. [26 Oct.] Contra Joannem Fry day alias Wright, de Curringham. — De- tected, that in the time of her widowehoode she defyled her body, by common fame. Comparuit Christopherus Fry day maritus dicte Joanne et nomine dicte conjugis sue, negavit detectionem : et ulterius allegavit se esse conventum coram domino commissario Essex, et exhibuit quendam actum sub manu propria Thome More, actuarii dictorum commissa- riorum, ut ibidem assignandum ad se purgandum de crimine istius etc. Unde dominus decrevit dictam Joanam Fryday excommunicandam fore. * * — f. 196 b. [25 Nov.] {^Contra Eandem.'] — * * [Dominus absolvit cam] [she] saith that she was presented only by evill report of one Gabriell Holt, late of the same parishe, who was a suiter unto her in the way of marredg ; and in that she liked not of him, he very raalisiously did slander this respondent, and said that he did defile this respondentes body ; and he himself byd one of the sidemen presente this respondent therefore. * * \_Ad exhibendum certificatorium honeste con- versationis sue.'] — f. 213 b. DCXXXIII. [18 Dec] Lodowicum Billinges, de Barkinge. — * * * Objectum Failing in pur- per dominum, that he hath failed in his purgacion * * gation, not ^ . ' . f to having the [Allegavit] that he is a very poore man and not able to means of bear- procure his neighbours to come to the cort and beare their *"^* eciarges. charges. * * [To acknoivledge his fault, ^cJ] 206 PROCEEDINGS IN THE COURT OF THE LIBER ACTORUM ex officio domini Archidiaconi Essexie 1591. On thanks- giving. Confession of bigamy. Penance. DCXXXIV. 2 Mali, 1592. [Contra] uxorem Roberti Aylet, parochie de HornchurcTi. — Detected, that she never gave thanks after the delivery of two children, and after the delivery of the third she came to geve thancks, without any other woman with her, to the offence of her neighbers. — f. 55 b. DCXXXV. 5 Mali. Johannem Tytman, de Woodham Mortimer. — Detected, for that he confesseth himself to have tw o wyves living, and for not receaving the communion at Easter last, for not coming- orderly to church, and for a brawler and skowlder w"^ his neighbours. Ex. — f. Q7 b. DCXXXVI. 2 Maii. Contra Willielmum Peacocke, de Leighton. — * * * The said Wm. Peacocke shall prepare himselfe to receave the holie communion with the whole congregacion, or with so many of them as then shall happen to receave : and w^hen the whole companie of communicantes are gathered together in the quier, and before the communion be administered, he the said Wm. Peacocke shall publiquely after the minis- ter (in parte of his punishement for his said offence) con- fesse that he hath greviousHe offended the majestic of Almightie God, and deserved his wrath and hevie judg- ment, for his lewde offence, by him wickedlie committed with the foresaid Alice Stane : for the which he shall con- fesse himselfe hartely sorye ; desiringe Allmightie God in mercye to accepte of his penitencj'^e and contrycon, and to pardon his said offence and vouchsafe in mercie to receave him into the number of his elect : promisinge that by the ARCHDEACONRY OF ESSEX, A.D. 1592. 207 helpe of God he will never committ the like offence againe ; also he shall desyer all good people, then there presente, or wheresoever eles, whom he by his evell example hath offended, to pardon and forgive him : and lastlie shall en- treate the people all to praie unto Almightie God for and with him, and shall after the minister sale the Lordes praier Our Father, &c. * * * — f. 70 b. DCXXXVII. 1 Junii. Magistrwn Tho. Spackman, de CMgwell. — * * Dictus On excuse from Spackman allegavit, that he is above Ixx^"^ yeres old, and warden. weeke in body, and not able to execute the office of a chm'chwarden. Unde dorainus acceptavit eumque in hac parte dimisit, et decrevit novum gardianum eligendum et jurandum. — f. 74. DCXXXVIII. 3 Junii. William Hylls, de Sandon. — Detect, to be a very lewde Ill-treating and uncharitable man with his wif, and hath used her most ungodly ; not only by refusinge her company, but also by beating her most cruelly, without any pitty or compassion. Quo die comparuit et fassus est, that he upon occasion that his wif had beated and missused his syster, and some fatherlesse children, whom he kepethe in his house ; he gave her viii strokes with a wand : for the which he is sory for now, and proraiseth never to use himself in like sort hereafter. [To acknowledge his fault. '\ — f. 83 b. DCXXXIX. [30 Oct.] Contra Willielmum Whelpdale, curatum de Rothing Abbas. Monition to Comparuit et dominus monuit eum ad exercendum se studiis " ^ '^° °^^ * et exercitiis theologicis, et ad ostendendum yV° Page rectori rectorie de Rothinge Abbas predicte, easdem exercitationes, quibuslibet tribus mensis in scriptis ; et sub manu ejusdem M" Page certificandum domino archidiacono, seu ejus official! * * * _f. 114 b. 208 PROCEEDINGS IN THE COURT OF THE Abusing the parson. Irreverence. DCXL. [18 Nov.] Contra Zachariam Some, de Sandon. — Detectum per gardi- anos, that he hathe uncharitablye abused their parson, for that the said Zacharye called him pratling foole, for preach- ing against dronkenes ; saing moreover, that he could, if he had authoritye within a fortnight space, make as good a sermon as he : [also] that he & William Reynold of West- hanfeild did unreverentlie behave themselves in the church of Sandon, upon a Saterdaie at night, being the xxvii*'' daie of Maye, by throwing of pesokes at the head of the sexten & thereby brake his head. Ex. — f. 125. DCXLT. [19 Jan.] Refusal to say Ricardum Brett, de [Friering] . — Detectum per gardianos, meats'""'''"^' ^^^^ ^^ refused to saye the ten commanderaentes etc. * * Fassus est, * * [To acknowledge his fault.'] Blasphemy, &c. Easter offer- ings. DCXLII. [20 Feb.] Carolum Payne, de Buttesburye. — Detected, that he liveth very disorderly, nether frequenting his parish church, nether in any order emongest his neighbours ; but will most im- reverentlie blaspheme the name of God, by cursing & swearing, even at his owne mother. * * * ^fjg qq^i^ fessed the same, and was admonished to acknowledge his fault, and ask his mother's forgiveness.] — f. 168. DCXLIII. [Eodem die.] Contra Edivardum, Crispe, de Hockley. — Detected, that he dwelling in Walletts, who is reported to be of the parish of Hockley, and hath used (as we are informed) aforetime, to paye his offering for himself & his wife to our minister at Easter ; he neither the last Easter paid his offering, nor since that time, hathe bene at our cherche. Preconisato, venit et promisit dictus Crispe in posterum frequentare ARCHDEACONRY OF ESSEX, A.D. 1593. 209 eandem ecclesiam, et solvere oblaciones etc. ct dominus eum dimisit. — f. 171. DCXLIV. [20 March.] Contra Jasperum Dormer Generosum, de Stanford le Hope. Marrying — Detected * * for marieng his wife in their parish « mask.' church in her mask and for having of twoe wyves alyve at once & that he was never divorced from her. * * Prox. DCXLV. [25 May, 1593.] Contra Robertum Hunter, rectorem de Easthorndon. — De- Chargeof biga- tected, that there is a common fame that Mr. Hunter oure veetoi-. parson hath twoe wyves alyve. Comparuit personaliter dic- tus Mr. Hunter et objecto per dominum articulo etc. fassus est, that in the time of Queue Maries raigne, before he was made minister, he was married to one Margaret Wattes ; * * and that she died as he hath heard about xii yeares agone, last past, and that within iii or iiii yeares after her departure from him he was married to EHzabeth Turner, of Southweld, in the parishe churche there; with whome he lived xxviii yeares, and that he maried with the said EHzabeth Turner, the said Margarett Wattes his first wife then living ; for that he saith that the said Margaret Wattes, was then the lawfull maried wife of Richard Mingsden of Maidston, in the county of Kent. * * Ad videndum ul- teriorem processum fieri. [Further] detected that he geveth ill example of life by Ill-treating unquiett living, beating & cheening of his wife to a post, and is a slaunderer of his neighbours. [To bring the L. Bishoppe GrindaWs order for the allowance of his second marriage. — f. 223.] DCXLVI. [6 June.] Magistrum Bainbrigg, minisirum de Norton Mansfeld. — Not burying Detected, for burieing the dead corps of one father Cooke girding t.rthe 210 PROCEEDINGS IN THE COURT OF THE book of Com- jjoi; sainff servyce in manner & forme as it is in the book rnon rra^ei*. ^ *' of Common Prayer prescribed. * * Fassus est, that he did not goe to the grave according to the book of Common Prayer, by reason of a greate winde, & he not being well durst not goe into the danger of taking cold in the ayre ; but he saith that he redd the whole servyce, according to the booke of Common Prayer. Unde dominus injunxit ei, that on Sonday next he shall acknowledge that he hathe omitted his dewty, in not burieng the dead, according to the order prescribed * * — f. 217. DCXLVII. [28 April, 1595. Mr. John Bovv^yer, LL.B. official.] Encourage- {Contra] Richardum Thornton, de [Westham^.. — We pre- ment to return , -" . . to sin. sent Ric. Thornton, for that upon Sondaie being the first dale of December last, he did publiquely encourage an adul- teres, (who was then doing penance) to goe forward & to returne againe to her former folly, the morrowe after, as freshe as ever she did : who being reproved by one of the sidemen, for giving such lewd counsell and encouragement to sinne, hath very uncharitably abused the said sideman, with reprochefull speaches. — f. 16. [Excommunicated. Absolved f. 70 b. DCXLVIII. [Eodem die.] Refusal to be Henricum Clary, et uxorem, de Lamborn. — We present etc. churchwar- wliich will not be ordered in the church by us the church- dens, wardens & doth use us with very hard speeches * * Dominus habita monitione etc. dimisit etc. — f. 18 b. DCXLIX. [Eodem die.] Parishioners Mr. Shawe, rectorcm de CUnkford. — Detected, that the die and remain . . , ... unburied. mmister hathe not served the cure emongest us above ni Sondayes since Christ-tide : parishioners dye & some are faine to staye still unburied till a minister be gotten. * * — f. 19. ARCHDEACONRY OF ESSEX, A.D. 1595. -211 DCL. [29 April.] Joannam Madyson, de [Buttesbury'] . — Detected, that she Assault of 1 / TIT o- • • . • . -1 • minister. unreverently abused Mr. oimons our minister in striknii^ him upon his head in suche sorte that she brake the same & made the blode runne downe. * * Dominus decrevit dictam Margaretam excommunicandam fore. — f. 24 b. DCLI. [6 May.] Contra Hamonem Carter, parochie de Easthorndon. — * * Receiving . • ^ r^ /-, 1 offering and [He] saith as followeth viz. that he the said Carter on Good not allowing Fridaie laste, came to Mr. Hunter their parson of East- ^'^^^j;™^^* hornedon, and gave him vie?, for his owne offering and for his wife, & Faith Burre his maide servant; and told Mr. Hunter, that he & his wife & his maide servant did meane to receyve the holy communion, on the next morrowe ; and that Mr. Hunter aunswered the said Carter that his wife and his maid shold receyve, but he wold not receyve the said Carter to communicate &c. : and then the said Carter (as he saith) said to Mr. Hunter, the iic?. which I have paid you for my offering, I pray you give me againe ; and Mr. Hunter said no, I may take my offerings, though you do not receyve * * * [^Ordered to receive.'] — f. 31 b. DCLII. [15 July.] Joannam Wheeler, de \_Denffie] . — For brawlinge in the Not eating the church on Whitsondaye last before the comunion, & for communion. that shee did not eat the bread of the communion, but put it in her pocket at Easter last was twelvemonth. * * * {^Reserved.'] — f. 57 b. DCLIII. [13 Jan. 1595.] Willielmum Foster, de Barking. — We present William Fos- Incest. ter of our towne, upon the suspicion of a most shamefull imtter of incest, with his owne daughter. The ground of p2 212 PROCEEDINGS IN THE COURT OF THE which suspicion we build not onely upon common report, but upon the assertion of honest women, who have had the examinacion of the young wenche. * * \_Ad pur- gandum seJ] — f. 106 b. DCLIV. [10 Feb.] Making a pew. Mtttheum Everedd, de [Rettingderi] . — Detected, that there is a pewe made by Mathew Everedd & it did breed con- tention. * * [he saith] that there is no contention nowe forit.— f. 113 b. DCLV. [11 March.] Defiling a stile. Johannem Sowthend, de \Warley magna], — We present one John Sowthen butcher, for that he beastly & lewdly did defyle a stile leading to the churche on New Yeares daie at night. Prox.— f. 123. DCLVI. [15 May, 1596.] Coram venerabili viro Magistro Wil- LiELMO Tabor, Saci*e Theologie Bacc. Archidiacono Essex. Coming to Joannam Towler, de Downham. — Detected, for that she apparel!°™^°^ ^^™^ ^"^^^ ^^^ church in manes apparell upon the Sabaoth daie in the servyce time. Prox. — f. 149 b. DCLVII. [Eodem die.] Rector sus- Magistrum Robertum Hewetson, rectorem de Pitzye. — We contfnency." present Mr. Robert Hewetson our parson, for that he is suspected upon a cryme to live incontinently with Ellen Tate his maide. * * Dominus absolvit et restituit. — f. 150 b. DCLVIII. [Eodem die.] Keeping a Johannem Manister, et uxorem, de Woodhamferris. — De- bawdry, tected, for that they kepe an open house of bawdery. — f. 150 b. ARCHDEACONRY OF ESSEX, A.D. 1596. 213 DCLIX. [5 July.] Uxorem Mauricii Jones, de Barking. — We present the wife Praying that a „_^._ 11- 1 Tii_. person might of Maunce Jones, who benig sent unto by one Kobgentes abide the most wife to praye her to releive & helpe the said Robgentes extreme tor- wife with some raedecine for the colick ; she the said Maurice Jones wife fell downe upon her knees, & after many curses & evill speches, praied, that the said Rob- gentes wife, might never be cured; but that she might abide the extremest tormentes that ever was abidden : since which time, the said Robgentes wife hath lien, & yet dothe lye in great misery, and can find no ease. — f. 164. DCLX. [30 July.] Johannem Gillman, de Stanford le Hope. — Detected, for On payment of that he refuseth to paie the sexten his wages, holding two farmes in his occupacon : and also for that he sett in an- other to ring the knell & to make the grave, when his child was buried. Comparuit et objecta detectione etc. he saith that he hath paid it to him that he did take to be sexten etc. Unde dominus monuit eum ad solvendum sa- larium juxta consuetudinem. — f. 178 b. DCLXI. [14 Jan.] Magistrum Johannem Fabian, rectorem ecclesie, parochialis ii'^ctor taking de Warley Magna. — Notatur publica fama, that on Sonday ^ lord of mis at night the second of January last he did to the scandall '""l*^- of his calling and offence of good Christians behave him- selfe very dissolutely and wantonly in the parish of Kel- vedon etc. in taking upon him to be a lord of misrule or Christmas lorde etc. emongest certein yongelinges etc. * * [Smpended.'] — f. 244. 214 PROCEEDINGS IN THE COURT OF THE \The following curious Utter is inserted between folio 253 and 254, where the said vicar is mentioned as being restored from suspension.^ (In dorso.) To the Right Worshipfull and his singuler good frend Mr. Tabor, Archdeacon of Essex, give these. Right worshipfull my humble duty remembered &c. Wheras heretofore I have bene with other of my frendes an earneste suter to your wor. at sundre tymes, on the behalf of Mr. Mercer vicare of Little Wakeringe, for many & sundre causes to that ende as I then thought, to doe hym good, & that he wold have bene reclaymed and brought to a new life, and to have forsaken his old filthie and former lothsome kinde of dronken and other evell and wicked condicions, which is more fitt for ruffins and var- lettes to use, then for one of his profession eyther to think of, or to use, the company of any that useth such kinde of bad lifFe, as he hath used of late, and specially sence the tyme that your wor. did last helpe hym out of his troubles before Mr. Chauncelour at Easter last (sence which tyme he hath given himself to all kinde of badnes,) many other good frendshipps have your wor. done for hym, but he hath greatly abused your wor^^ good & mylde lenitye and your fatherly good admonicions by you given unto hym, many tymes, and ever bearing with hym (as I well knowe) with his necligence & his behaviours, thinking (as I ame suer your wor. did) that he wold become a newe man, and he that shuld not be quite put dowen by those of whose complayntes you have hard, which neyther I thinke loved your wor. nor hym. But seinge that neyther your good and godly instructions, nor all your gentlenes, myldnes nor long sufferance, nor no others goodwill and frendshipp will do no good of hym, but rather maketh hym worse, and more shamles now then before, I trust your wor. shall do great honour to Almightie God and his Churche, great good to Christe Gospell, great pleasure to the congregacion where he now is and much ease to the common wealth where he now nere dwelleth (because malt ARCHDEACONRY OF ESSEX, A.D. 1590. 215 is SO deare) and reasonable peace to all his ncybours if that your wor. wold be a meane to avoyde or gitt hym out of the ministry e, which he doth most shamefully stayne, for I think in my owen conscience ther was, nor is not a worse that reigned in Godes Churche, since the tymc of Hildibrand alias Fierbrand, called Gregory the vii"', who was a bastard, and when he was christened he did beraye the font &c. This Mercer, although I think he was not a bastard borne, yet a bastard in Gods Church, and defiled the same with his evell maners as bad and as fowle as Hildibrand did the font (for with greffe I sjjeak yt) if not servyng his cure & function in his parishe tenne Sondayc[s] sence Easter last, in being dronke at the least xxx" tymes sence that tyme, & when he is droncke in singing most filthye and bawdye songes, in being madde when he is dronk. Hallowing and whisseling up and down the streates to the great trouble of his neybours, in monstrous beating his wiffe, in brawling with all the ale wiffes, for more drinke when God knoweth he hath to[o] muche and yett he is in most of their dettes, in drinking in his own churche porche with roges & beggars a hole daye together, and his ordinary companye is tynkers & pedlers. He did drink at Reyligh this somer xvid. in sallett oyle and of his word and promyse most unfaythfull and frevolous with many hundreths more falts. But these is to[o] many at the first, which 1 ame ashamed to rehearse to your wor. because I have bene a speaker & writer for hym too often, which I crave pardon of you, for I thought yt wold have bene for his amendment and for my childrens sake which he then did teache (or shuld have done) but I and they maye curse hym for their lost tyme they spent with hym. He doth much bragg (as I understande) that he can have my letter to your wor. of his good behaviour. If I shuld so abuse your wor. & presume so to doe 1 were not worthie to be counted a Cristian man, but a rakeshame. I knowing so much as I doe of hym that I shuld writ to your wor. or any other that hathe to deale in Godes Churche in such cause: but I will to my pore [power] do all I maye or can procure to roote & weede out of Gods Churche suche catterpillers or spiders which doth nothing but suck the 216 PROCEEDINGS IN THE COURT OF THE swete & spynneth suche webbes as maketh the enemyes of Crist Gospell to laught and gere to se[e] such ministers, but I leave all these matters to your wor. godly and grave consideracon committinge the same to the tuicion and safFe kepinge of the Almightie who ever preserve you and yours. Barlinge this xx"* of December, 1596. Your wor. at comaundment, [Vide 15 Matj, 1601.] Jo. Bunting. DCLXII. [29 April, 1597.] On baptism of Janam uxorem Johannis Minors, de Barking. — We present *^" ■ Jane the wife of John Minors for keping her child un- baptised a whole moneth. * * * Feasting at a [Also] detected, for that she very unwomanlike, came to Srcanl^tTbebe churched at the end of the said moneth, together with churched. her child to be baptized, and feasted at a taverne 4 or 5 howres in the forenone : and [in the] afternone came to the churche, rather to be seene, then upon any devotion, as it seemed ; for whilst the minister was burieng a corps, she went owte of the churche, unchurched, unto the taverne againe. And when she was spoken unto by the clerk to returne to churche againe & to give God thanks after her Committal of deliverye, she answered it was a ceremonye. The which the power of ^buscs of the Said Jane, seeing; they are so publique & exammmg, &c. ' o j x- i to deputies. notoriouse, & the example unpunished, raaye prove dan- gerouse, we praye that your w. wold enjoyne, that her satisfaction maye be also publique ; to the content of many of good worth. * * * Dominus commisit vices suas Magistro Wignall et aliis per eum convocandis ad audien- dum et terminandum etc. — f. 2. DCLXIII. [12 July.] Rhyme con- Thomam Ellis, de Boreham.— Detected, he hathe reported ceniing the ^ ryme upon names of sondry men & women in our parishe, ARCHDEACONRY OF ESSEX, A.D. 1598. 217 but will not beknoweledg fwhol made it nor of whome gir' of t'»e side- man. he had it. * * Fassus est, that he had a ryme of the girle of the sideman etc. Unde dominus habita raonicione etc. eum dimisit etc. — f. 51 b. DCLXIV. [13 July.] Johannem Stud, Sancti Petri in Mawldon.— Detected, that Throwing • T 1 • o 1 • J' J stones and he did uppon the vi daye of June beinge Sondaie, did breaking the stande in the streete & throwe stones, which fell uppon the ^^urch tiles. churche & brake the tyles of the church. Cit[atus.] — f. 56. DCLXV. [9 Nov.] Richardum Swetnam, de Ingatestone. — We etc. doe pre- Tolling the bell 1 p T 1 • for a person sent Richard Sweetenam as author of disorder in owre said drunken. towne ; in that when one was drunck, he caused the bell to be touled. * * He saith that there was a frend of his which had an impostume broken on him, the night before he caused the bell to be towled for him, & found him withowt breath, & then he caused him to be towled for etc. \To acknowledge his fault at morning prayer.^ — f. 119. DCLXVI. [11 Jan.] William Haynes, de Sowthbemflete. — Detected, for that Breaking the upon Sondaie before Michaelmas in the time of afternoone dancing wUh service he was dancing with minstrells on a grene by Thomas minstrels. Harris his howse. — f. 140. DCLXVII. [26 April, 1598.] Thomam Browne, de Lees magna. — Detected the v'** daye Retiring from of Marche being the Lords daye, being bothe of them in flg^j the churche, in the time of the sermon, went forthe into a meadowe & there did fight : for many in the churche did here them & went forth : which was a great disquyeting to the parishe. \To acknowledge his fault.'] — f. 212. 218 TROCEEDINGS IN THE COURT OF THE DCLXVIII. [Eodem die.] A common Magistrum Goffe, vicarium de Waltham magna. — Detected, that he was indited at the syses for a common baretter as the reporte goeth. * * Negavit articulum. * * Ad videndum ulteriorem processura. — f. 214 b. DCLXIX. [Eodem die.] Profaning the Hugonem Bailye, de \_Badowe magna']. — Detected, that in playin" costume ^ , r 1 worn at return- she came to church to give God thanks for her safe de- i^g tliauks. liverance in childbirth, that she shold come with such ornaments as other honest women usually have done, she did not, but cominge in her hatt and a quarter, about her neck, sate downe in her seate where she cold not be discried, nor scene imto what the thanksgivinge was read : which beinge done she did as disorderly walke out of the church as she came in : and also for that she said that none but whores did weare vayles and that a harlott or a whore was the inventor of it, or that first wore a vayle. Ex. — f. 38. DCCXXXIX. [1 July.] Raijleighe. Contra Richardum Standishe. — * * We Boundary tree present that in the farme of Parkers in Raighley which Richard Standishe holdeth, there is cutt downe this yeare an olde oake tree marked with a crosse tyme out of mynde, for the severalties of the parishes, but who cut the same downe the churchwardens knowe not. Citetur. — f. 80 b, DCCXL. Rochford. Contra Robertum Greshopper alias Waterman. Abstraction of sii(?Gt usGQ tor — Presentatur, for that a sheete newe bought, is gone out penance, of the chest, in the tyme of Robert Waterman the clarke, which was commaunded to be kept for the punishinge and pennance of incontynent persons. * * Ex. — f. 80 b. DCCXLI. [29 March, 1614.] Canwedon. Contra Magistrum Thomam Newman, vicarium Receiving ibidem. — Notatur officio, that he absolved one Sampson and solution with- Briant of Burnham ; and that he had \\\\s. of Briant and out authority. 85. of an other of the same parishe, for absolvinge of him : and that he hath absolved diverse of Rochford, and stayed the publishinge of the excommunication against diverse of the same parishe ; without any warrant from the judge of this courte, and that he did absolve one Rayleighe within this twelvemonth last past. — f. 266. 238 PROCEEDINGS IN THE COURT OF THE Parish clerk setting a bad example. Bi'ownists. Licence to practise sur- gery. DCCXLII. [6 May.] Eastham. Contra Thomam Milborne. — Presentatur, for spreadinge mowle hills with a shovell in the churchyard upon the Sundaye nexte Septuagesima last being the xiii"^ daye of Februarie 1613 and that betweene morninge and eveninge prayer; and was then taken at worke by the minister and other of the parishioners, and for that he doth not kneele on his knees in tyme of devine service when as it is fittinge he should and the rather in that he is the parishe clerke who ought to give good example therby unto others that are negligent therin, and he hath often tymes bene admonished for to kneele by the minister but he doth altogether refuse it. And for that he singeth the psalmes in the church with such a jesticulus tone and alti- tonant voyce, viz. squeakinge like a gelded pigg which doth not onlie interrupt the other voyces, but is altogether dis- sonant and disagreeing unto any musicall harmonic and he hath been requested by the minister to leave it, but he doth obstinatlie persist and contynue therein. Prox. — f. 294 b. DCCXLIII. [Eodem die.] Eadem. Contra Johannem Hartford et ejus uxorem. — Pre- sentantur, for that they doe refuse to come to theire parishe church as they are enjoyned, and it is vehementlie suspected that they are Brownists or of some such like secte and faction ; and they have been scene to enterteyne xii persons into theire howse at one tyme, of theire secte and scisme, and the rather suspected for that they were all strangers, and came from London, from whence the partie abovesaid came to the parishe at Michaelmas last; since which tyme he or she never came to church. — f. 295, DCCXLIV. [1 July.] Negocium concessionis licentie Stephano Spikernell, Chi- rurgo ad exercendam ddrurgiam intra Archidiaconatum Essex, ARCHDEACONRY OF ESSEX, A.D. 1615. 239 — Quibus die et loco comparuit personaliter dictus Spiker- nell et exhibuit certificatorium de et super experientia sua in chirurgia subscriptum, tarn manibus quorundam chi- rurgorum, quam aliorum quorum morbos dictus Spiker- nell curavit ; ut ex dicto certificatorio apparet. Unde domi- nus facta prius per eum fide, tam de agnoscendo regiam supremitatem quam de fideliter exequendo facultatem chi- rurgi etc. Solvit vis. — f. 329 b. DCCXLV. [5 Sept.] Stondon Massey. Contra Johannem Demaunder. — Presen- R'^^iling tatur, for that upon the fowerth Sundaye in Lent he did against the abuse the minister after this manner. In primis the said ™""^'^i'- John Demaunder, Dawber and Logg Clever, in the presence of the most parte of the parishioners, presentlie after the ende of morning prayer that daye, not farr from the said church of Stondon above said, upon smale or noe occasion, said that the minister was a contentious disquiett person, and that usuallie at everie good tyme he tooke occasion to treble and fall out with somebodie, to disquiet the whole parishe ; and added that he was fitter to have made a lawyer then a minister : moreover he said whereas he shold be a lantherne of light to leade men to God, he was a lantherne of light to leade them to the devill ; besides that on the Sundaye before, he had preached well, but as soone as he was out of the pullpitt he quarrelled with all the parishe. Then passinge alonge toward the parsonage beinge but a Dawber as above is said, he tooke the upper hand of him, walkinge in the path, and bravinge him and geer- inge him in the face, settinge his teeth at him, usinge these words and often repeatinge them, — Strike yf you dare : strike me yf you dare. — f. 32. \To acknowledge his faulty f. 846.] DCCXLVI. [26 May, 1615.] Westham. Contra Nicholaum Bembrick, victualer. — Pre- Refusal to open sentatur, for that upon Palme Sundaye, beinge the second JicatTc.**" *^^ daye of Aprill last, there beinge company in his howse 240 PROCEEDINGS IN THE COURT OF THE in the tyme of devine service, and he himselfe at home, refused to open his dores unto the vicar and churchwardens ; to let them see who they were that they might have pre- sented them. — f. 212 b. DCCXLVII. [16 June.] Selling church Walthamstowe . Contra Paulum Boivcher, generosum. — Presentatur sub hiis verbis, there was soulde from the churche by Paul Bowcher gent, a payer of organs and the leade of the church porch which he gave accompt for unto the parishe. Prox. — f. 230 b. DCCXLVIII. Keeping com- Eadem. Contra Edwardum Corbye. — Presentatur, for tuous/y*^^^ keepinge company with Suzan Brooke at bedd and bord incesteously, as yf she were his wife, and they saye they are marryed. Ex. — f. 230 b. DCCXLIX. [13 Feb.] Fox-hunting on Fryeringe. Contra gardianos et economos. — * * To ay. present such as were a fox huntinge upon Sundaye the 4 of February. Citentur. — f. 25. DCCL. [9 Sept. 1616.] Attending con- Shelley. Centra Elizabetham Ramsie uxorem Johannis nf^h^-^also Ramsie. — Presentatur prout sequitur, whereas heretofore we adultery. the churchwardcn and sidemen of Shelley, have presented Elizabeth Ramsie the wife of John Ramsie and Richard Palmer some tyme servant to the said John, to be suspected by a common fame and report, to have committed adulterie ; and nowe are enjoyned by the 117 cannon to explane the said presentment, doe nowe againe, having heard further of the offensive behaviour of the said Elizabeth in former tyme ; as namely when she was first marryed, she usinge to goe to conventicles in the night to Chipinge Ongar, her husband beinge at that tyme fast asleepe, she was ordi- ARCHDEACONRY OF ESSEX, A.D. 1617. 241 narylie brought home by one yonge man or other, and had then bene presented by the churcliwardcn, but that O'U' minister disvvaded him; this is to be proved yf neede be ; since which tyme she hath sundrye tymes ridd abroade ; sometyme with one man and sometyme with another, and have bene knowen to lye in chamber with some that have ridd forth with her, neither coulde she denye it, beinge arged in the matter : and especially with one Andrewe Warmsley of Chipinge Ongar, who was one, Avhen she was a mayde, that woulde have marryed her, and when ishe was newly marryed was her servant; at which tyme it was observed by many she was more kinde to hym then to her husband; as indeed she hath bene to all her ifien servants from tyme to tyme, which hath bene offensive fo many and much talke hath bene of it, and she hath bene reproved for it by our minister : upon which circum- stances we doe by these presents confirme our former pre- sentment, in these words followinge : That is — We doe present upon a common fame and report, Elizabeth Ramsie and Richard Palmer some tyme servant to John Ramsie, and nowe servant to Christopher Wilkin of Highe Ongar, to have committed adulterie. DCCLI. [5 March.] Woodham Mortimer. Contra Danielem Courtman. — * * Vomiting in the Allegavit, that he was present at a marriage upon the ^ ^"^'^ *' daye specified in the presentment, in his parishe church, which was upon a workinge daye, and that he was then verie sicke and ill at ease, not by reason of drinkinge : and that after the same marrige was ended and most of the people gone, by reason of his sicknes and weaknes, he did vomit in the church, for which he is hartelie sorrie. \I)ismissed.'\ — f. 268 b. DCCLII. [1 Apr. 1617.] Burnham. Contra Hayward, puellam. — Presentatur, for 242 PROCEEDINGS IN THE COURT OF THE A young maid that she beinge but a yonge mayde, sat in the pewe with mother in her mother, to the greate offence of many reverent women : church. howbeit that after I, Peter Lewis the vicar, had in the church privathe admonished the said yonge mayde of her fault, and advised her to sitt at her mothers pewe dore, she obeyed ; but nowe she sitts againe with her mother. — f. 284. DCCLIII. Workingonthe Colde Novton. Coutra Richardum Denham. — * * Two powder plot, of his men went to carte almost all daye upon the Kings daye which was the papists conspiracie being the 5 of November * * * DCCLIV. [5 June.] Churchwar- Stowe Mavis. CoTitra Edwardum Osborne et Johannem un/awfui^^'"" Davies, gardianos. — Presentantur, for sufferinge the youth games. of the parishe and other with them, to prophane the Saboth, by playinge at unlawful! sports and games, as raysinge the footeballe in the churchyard, and abusinge the name of God by most fearefull oathes, and in most rude manner playinge at other sports, abusing themselves by fightinge. Comparuit dictus Osborne * * [et] Denegavit eandem esse veram et allegavit, that he dwelleth farr from the church.— f 38 b. DCCLV. Eadem. Contra Annam Sammes famulam Johannis Davies. fus"ing°to an-"^^' — Prescutatur, for her most stoborne behaviour openly in swer when ex- ^he congregation in the tyme of holie exercise, on the amined. . Saboth daye, in the afternoone, beinge the 12 of Aprill for as the assemblers were present at the church to heare, I, with the rest of the youth, examyned her, and she would not answer ; although I demaunded her beinge pre- sent, yea though 1 rehearsed the answer to the question, she would not saye after me : and since that she would have come unto the communion, and examininge her, she was so ignorant that I durst not admitt her. — f. 38 b. ARCHDEACONRY OF ESSEX, A.l). 1G18. 243 DCCLVI. Eastwood. Contra Richardum Downham. — Presentatur, for Sleeping in sleeping in the church. * * Allegavit, that he did npt sleepe in the church this twelvemonth. Unde dorainus habita monitione eum dimisit. — f. 43 b. DCCLVII. Soiothbemflett. Contra Katlierinam Edwards. — Presentatur, Slanderer, liar, &C, for a sclanderer of her neighbours, a make bate and a com- mon Iyer, which if it be not reformed will make much striff. — f. 44. DCCLVIII. [16 June, 1618.] Leighes Magna. Contra Jeremiam Clerke. — Presentatur, Cutting up an- for that he hath cutt downe the auncient true marke and ' ' hath not sett up an other and denyeth the auncient cus- tome to make the procession drinke. — f- 268. DCCLIX. MucMnge. Contra Magistrum Nathanielem Crosier, cura- Irregularities twn ibidem. — Notatur officio, for not wearinge of the surplis o'f fhe service. on Trinitie Sunday in the forenoone, neither did he reade the chapters appoynted for the daye, nor the Epistle and Gospell, and did omitt Gloria Patri when he did reade the Psalmes, and did alter the Lord's prayer. — f. 269. DCCLX. [8 July.] Rayleighe. Contra Edivardum Whittop. — * * Allegavit, Subtraction of that he beinge upon Easter Tuesdaye last in the churchyard ^^^^ *> -^ •-• of Hadley, was called into the church by Eustace Chappell one of the collectors for the poore of the said parishc, who demaunded collection money of him for a howse in the said parishe; and this respondent answered, that he had noe reason to paye any collection money, seeinge they kept the howse from him, whereupon Edward Reynold alias 244 PROCEEDINGS IN THE COURT OF THE Kent, churchwarden, said that it was none of this respon- dents howse ; it Avas one Croftons howse and reviled this respondent with many bad speeches. [^Dismissed.l — f. 272. DCCLXI. Scurrilous Ian- Stowe Maris. Contra Magistrum Randall, curatum ibidem. curate. — Notatur officio, that about the month of March last past he rayled upon John Davies and called him sawcie prowde Jack, and base rascallie slave, and shackrell, and a prowde taylorly slave. [He denied it, and was dismissed.'] — f. 274. DCCLXII. Breaking open Hadley. Contra Edwardum Whittop. — Presentatur, for sending of his servant Jonothan Hoodes upon the Saboth daye, in the tyme of divine service and sermon, to break open a pound, and would not be stayed by noe meanes : and he answered that his master would beare out in his disorder, whatsoever it cost. {The servant to purge himself. ~[ — f. 274 b. DCCLXIII. [13 May, 1619.] Suspicion of Cold Norton. Contra dominam Franciscam Herryce uxorem popish^mafs- Francisci Herryce \militis']. — Presentatur, for popish recu- priests. sancie, who came not within our church dore, since she dwelt in our parishe, and besides, we doe much suspect her to be a harborer and an ordinarie of popishe masse priests. — f. 68. DCCLXIV. Living scanda- Eadem. Contra Willielmum Walford. — Presentatur, for wife ^ ""^^ ^ ly vinge most scandalouslie with his wife and in most un- christian manner doth call her by noe other name but jade, queane, witch, &c. : and also without any guilt of her parte, as we beleve, doth verie openlie affirme her to Telling sick be a witch : besides his order is when he comes to visite they are^be- ^"^Y ^^^^ neighbor, to pcrswade them that they are bewicht, witched. gjij tells them withall except they will be of that beleefe. ARCHDEACONRY OF ESSEX, A.D. 1019. 245 they can verie hardlie be holpen of theire disease and sicknes. * * Fassus est, that there have bene some un- kindnesses betwixt him and his wife, et submisit se. Di- missus. — f. 69. DCCLXV. Nothshoburie. Contra Henricum Harwood. — Presentatur, Calling the - . . , . , , constable and tor not receavinge the communion, bemg put by, by our other murthe- vicar for ravHny-e and abusinge the constable and the whole rei's, &c. and '' ° , ^ . retusing to parishe, in executinge the Kings warrant upon him, accord- humble him- inge to lawe, in callinge them murtherers and villaines, ^^ with other base and slanderous names to the great offence of the whole parishe, persistinge in the same obstinatlie, and refusinge to humble himselfe, beinge exhorted thereto by our minister. [Monition to receive.^ — f. 69. DCCLXVI. Northshoherie. Contra Venerem Harwood. — Presentatur, Contemptuous for rayling at our vicar in most base and contemptible manner, saying that she would never receave a cupp of salvacion at the hand of so damned a priest; and by com- paring him to a dogg, with many other vile and contemptible termes, as shall be verifyed against her, by the oathes of diverse witnesses, yf they be called thereunto ; to the dis- grace not onlie of his person, but also of the whole ministrie in him; and to the greate offence of the whole parishe, she persistinge obstinatlie in her malice. [To acknowledge her fault.'] — f. 69 b. DCCLXVII. [26 Oct.] Wickford. Contra Johannem Tile, victualer. — Presentatur, Withholding for that he hath not used such reverence and attention thlnTmeTof within the church, at the tyme of divine service, as is re- Jesus, &c. quired by the 28"^ constitution ; but in contempt of the rights and ceremonies in the church established, he hath used to sitt at the sayinge of the Beleefe, and hath not given such reverence as is required, when the name of Jesus is mencioned, in the tyme of divine service ; but useth laughinge and deridinge gestures when divine service is read; in derision and contempt of the forme and cere- 246 TROCEEDINGS IN THE COURT OF THE monies then used, and contemneth or neglecteth the cele- bracion of hoHe Church and festivall dayes, appoynted by our Church to heare divine service, as upon Sundayes; and that beinge lovinghe admonished by our minister of these things, he used quarrellinge and opprobrious speaches towards him in the church ; pubhquelie revilinge him, with clamerous and rayhnge termes, both against his person and preaching * * \Ad "purgandum se7\ — f. 181 b. DCCLXVIII. [14 March.] Answering the Cofitva Nicholaum WetiM, parocide de Bursted Magna. — minister sauci- -n , , n re ■ ■, • , •!• iv, and cate- 1 resentatur, lor suiiering his sonne to answer me sawcihe ciiising him. when he was to be catechized. I askinge him who gave him his name in baptisme; — he answered me, his father; and asked me whether I would have him tell a lye, and whether a lye were a sinne ; and so catechizinge me * * * Prox.— f. 265 b. \Five others return similar impudent ansivers.~\ DCCLXIX. [2 June, 1620. Coram Magistro Johanne Morfe, clerico Surrogato.] Getting drunk SowtJi- Ockendou. Contra Richardum Broivne. — Notatur nion. officio cx publica fama, that at the communion upon Easter daye last, he did drinke of [f] a whole cup of wyne; and that by reason therof, and with drinkinge before, he was drunke at the same tyme; and also that he useth to be drunke verie often. Ex. — f. 311. DCCLXX. [28 Nov. Coram Magistro Willielmo Farrington, clerico Surrogato.] Contempt of Springfeild. Contra Willielmum Harries. — Presentatur prout church war- -i * i j. i i a i den's authority sequitur : — And we present such persons hereatter named, in ringing the fQj. contempt against our straight commaunde, where we have expresslie forbidden the ringinge of our bells at cer- teyne tymes upon the Saboth dayes, and havinge given diverse warnings to the contrarie, except they had our ARCHDEACONRY OF ESSEX, A.D. 1621. 247 leave, yet they have not onlie attempted to doe it against our wills, but have watched when the sexten hath bene alone in the church and would ringe, whether he would or noe ; as namelie the xxii''^ of this instant month ; which thinge we tooke for a disgrace to our office and callinge, to have our lawfuU authoritie contemned. Citetur. — f. 64 b. DCCLXXI. [27 March, 1621.] Burstead Magna. Contra Aronem Ealsmeare. — Presentatur, Being sponsor for that he upon Sundaye beinge the fowerth daye of March, child. would be godfather to his owne childe in baptisme ; openlie naminge his childe and answeringe for it, contrarie to the 29 cannon. Comparuit personaliter dictus Ealsmere cui dominus objecit presentationem et respondendo eidem, fate- tur, that by error he did stand, for that Mr. Pease did not tell him to the contrarie, et submisit se. [Dismissed.'] — f. 124 b. DCCLXXII. [17 Maii.] Springfeild. Contra Johannem Nashe, a butcher. — Presen- incontinence. tatur prout sequitur. John Nashe butcher, who is notoriouslie defamed for incontynencie with sundrye persons. In par- ticuler he doth nowe harbor in his howse one Elizabeth Sweetinge, beinge both an excommunicate person (as we are certified by the parson of Willingale) and also doth keepe her as his common strumpet for the space of these two or three monthes last past ; professinge himselfe to have bene so longe marryed to her: and yet nowe beinge further examyned he sayeth he is not ; and it appeareth that they are not marryed, because he hath bene but twise asked this Easter tyme ; so that we hope that this court will not suffer such wickednes to goe unpunished, without some speciall pennaunce : also he hath formerly bene pre- sented for other offences and because this court hath dealt favorably with him, and forgiven him the fees, therfore he doth but laughe and deride at your courte, and swearcs you shall never get penny of him, doe what you can : but 248 PROCEEDINGS IN THE COURT OF THE Subtraction of clerk's wages and burial fees, we hope nowe that he shall not onlie be punished in purse, but also put to some further open shame. — \To purge him- self, and pay the fees of court.'] — f. 137 b. DCCLXXIII. [9 July.] Chigwell. Contra Johannem Broade. — Presentatur, for not paying the clerke his wages, and [for] burying of his childe. * * Allegavit, that he spake to have his child buryed where he had one buryed before, under the church-wall; and that William Knight the clerk made the grave and buryed his childe under trees, and that by reason of the rootes of the trees the grave was not deepe enoughe, by reason whereof the ded corpes did smell and the hoggs rooted it up. Debet for 3 yeares wages 2s. and for buryinge of his childe \2d. [The said clerk ordered to attend, ^c] — f. 170 b. Detaining col- lection for the French pro- testants. DCCLXXIV. [23 Julii.] West Tilburie. Contra Robertum Ilford, gardianum an- tiquum. — Presentatur, for deteyninge to his owne use one halfe or above, of the money collected for the reliefe of the French protestants. * * Fassus est, that he hath some money in his hands, \nd. or therabouts. \To pay the same into the judge's hands.] — f. 326. DCCLXXV. [12 Aug.] Suffering the Bmjnham. Contra Magistrum Willielmum Morne, vicarium unburied, ibidem. — Notatur officie, that he did suffer a childe this summer to lye three dayes unburyed after it was dead untill it did stinke. Citetur. — f. 334. DCCLXXVI. [11 July, 1623.] Rude be- Hadley. Mariam uxor em Josephi Camber. — Presentatur, minis^er^&l!*^ ^^^ ^^^^' ^"^^^ ^"^ immodest behaviour towards diverse of her ARCHDEACONRY OF ESSEX, A.D. 1(324. 249 neighbours at sundry e tymes and espetiall towards the minis- ter and other officers of the same parishe. Citetur. — f. 193. [12 Aug.] * * Fassus est, that she said that Mr. Sabridge did putt her childs neck out of joynt when he did christen it, and that he did preach of womens matters things which were not fittinge. [To acknowledge her fault,'] — f. 220 b. DCCLXXVII. [23 Sept.] Grayes Thorock. Contra Thomam Farnell^ generosum. — Incroadmient Presentatur, for that he hath taken two seates or pewes to his owne use, from the parishioners of the said towne, in which the better sort of the parishioners did sitt; so that by this meanes diverse of the parishioners wanteth sufficient place to sitt in the church, and many for this cause did refuse to paye parishe and church dutyes. Citetur. — f. 228. DCCLXXVIII. [18 Nov.] Rawreth. Contra Magistrum Richardum Mason, rectorem Felling wood .,., T-, „ ,. . . 1 • r- !!• on the glebe ibidem. — Presentatur, lor makmg strip and wast ni lelnng land. of the wood and timber both yonge and olde and burning of it off his gleable land. — f. 267. DCCLXXTX. [20 July, 1624.] Hackivell. Contra Johannem Crushe. — Presentatur prout Profaning the sequitur. We present John Crushe of our parishe husband- ^^'^'''^*''- man, for that he the said John, on the second day of May 1624, being Sunday, prophaned the Sabbath in this manner, the same day at evening prayer time, not regarding the service and worship of God did burne a lambe on our common, which he sayth was bewitched ; and so set fire on the common beeing full of rubeysh, burneing a great compasse, drawing the parishe with amazement from the church, affrighting also the country round about : for which 250 PROCEEDINGS IN THE COURT OF THE we leave him to your worships censure. [Fassus est et dominus injunxit ei penitentiam.'] — f. 79 b. DCCLXXX. [17 Jan. 1625.] On election of Ettstwood. Contra Magistrum Bradfordum Burye seniorem. sexton. — * * Dominus objecit ei posteriorem partem presen- tationis et respondendo eidem, allegavit, that the election of the sexten belongeth tyme out of mynde to the parishioners of Eastwood, and not to the vicar, et allegavit, that the nowe sexten was elected and chosen sexten by Mr. Purcas the vicar, and not by the parishioners and thei'fore he re- fuseth to paye him. * * Prox. — f. 8. DCLXXXI. [5 Sept. 1626.] Baptizing a Sowthbemflett. Contra Proctor, curatum. — Notatur officio, a full minister? ^^''^ baptisinge of a childe, not being full minister. — f. 15 b. DCCLXXXII. [23 Oct.] An infamous Alveley. ' Contra Robertum Cole, shomaker. — Presentatur, person to the ^^^ ^ most notorious and common drunkard, infamous and whole parish. _ _ ^ _ _ offensive to the whole parishe and congregacion ; who in his drunken fitts walketh about the streetes with his naked sword, breakinge the windowes, quarrellinge and raylinge, brawlinge and cursinge, after a fearfull manner: who we have therefore refused this last Easter to admitt to the holie communion, and humbly desire that you would be pleased to compell him to some orderly and civill carriage as becometh a Christian. — f. 32. DCCLXXXIII. [23 Oct.] Intermeddling Eadem. Contra Hellenam Ringsole uxorem Radulphi Ring- with the goods ggi^^ — Presentatur, for intermedlinge with the goods of Joane CI deceased ^ _ ° °_ _ person, without Simmonds late deceased, without any aucthoritie from the aut ority. ordinarie, to the damage and hurt of her poore kindred. ARCHDEACONRY OF ESSEX, A.D. 1627. 251 Comparuit personaliter Edwardus Everett maritus filiae dicte defimctre, et ostendit litteras acquietancias, unam subscrip- tam manu propria Willielmi Jordanc et alteram subscrip- tam manu propria Katerine Jordan e, consanguiniai dicte defuncta3 super satisfactionem. . . Unde dominus eum dimisit.— f. 32. DCCLXXXIV. [23 Feb.] Waltham Magna. Contra Annam uxorem Thome Webbe, Scoffing, &c. de Churchend. — Presentatur, for that she upon Christmas daye last in the forenoone, did the most parte of sermon tyme, scoff and laughe at the minister, preachinge of the decencie and indifferencie of mens gesture, at the receavinge of the communion and other church seremonies ; and beinge at a feast in dynner tyme she uttered these or the like words (he did preach he could not tell what, things not to be spoken of in a pulpitt) so much that the master and mistress of the bowse reprehended her, and bade her forbear medlinge in church matters; she answered what skills it howe we receave the communion, she heard a good man once teach that leaving at the communion was best of all. Citetur.— f. 103. DCCLXXXV. [18 July, 1627.] East Hanningfeild. Contra Benjamin Morgan. — Presentatur Making and prout sequitur. Wheras one Benjamine Morgan of East gou^"",^ ^' Hanningfeild hath come into our parishe of Westhaning- feild and there not onlye made a songe, a most dissolute and ribbaldrye songe in the alehowse to the greate scandall of all the parishe, and doth the like in other townes &c. The scandalous words used in this songe are that for the greatest parte of all the wyves are whores and their hus- bandes cuckolds. These scandalous rymes were songe on Tuesdaye the 12'^^ of June. Citetur viis et modis. — f. 177 b. [Dominus injunxit ei ad agnoscendam ejus culpam pub- lice in curia, proximo die juridico, et decrevit intimationem parochianis de Westhaningfeild predicta.] — f. 194 b. 252 PROCEEDINGS IN THE COURT OF THE DCCLXXXVI. [2 Oct.] Misdemeanour Leighe. Contra Johannem Kibbitt famulum Thome Alho- roughe. — Presentatur, for that in prophane manner in tyme of the sermon upon a Sundaye, in the afternoon he did in the church into the hat of one that sate by him. Prox.— f. 208 b. DCCLXXXVII. [29 May, 1628.] Filthy and pro- Stamford Rivers. Contra Johannem Glascocke seniorem. — Presentatur * * for usinge themselves disorderly on Sundayes, by filthy and profane talke, and miscalling theire neighbours and by other imodest behaviour. * * [Ci- tetur.]— f. 294 b. DCCLXXXVIII. [14 July.] Causing the bell Walthamstowe. Contra Johannem Powell alias Matter- ° *^ " ^ ■ daye. — Presentatur, for abusively causinge the bell to be tolled for his wife when he and his wife were at discord, and she not answeringe his unkinde speaches reported, that she was speachlesse and therupon caused the bell to be tolled. Citetur.— f. 311. DCCLXXXIX. [23 July, 1629.] Various defects Ilford parva. Contra Johannem Lord, gardianmn. — Pre- m t e c urc i. ggjjtatur, for that the leades of the church want mendinge by reason wherof it rayneth into the church, the flowere of the church wanteth pavinge, and for that there lyeth a greate heape of dust and drosse in the church neere unto the sowth dore, which annoy eth the church and for that three of the church windowes are stopped up with ragged stones to save glasse, and the other tM^o windowes doe want glassinge; and for that we have not a convenient font for baptisme, nor a convenient communion table; and for that the wyne is brought in a vinegar bottle to the communion. ARCHDEACONRY OF ESSEX, A.D. 1630. 253 and for that there is not a convenient deske to reade prayers in ; and also for that there is not any pulpitt to preach in, nor any cushion nor pulpitt cloth, and for that the north dore of the church is fastened up to save charges of a lock and keye, and the south dore of the church is all to peeces ; and for that the steeple is in greate decaye and one of the bells broken and the other bell lacketh a rope : and also for that the tenne commaundements, the Lords prayer and the Creede are wantinge in our church : and lastlye for that the churchyard lyeth unfenced by reason wherof the hoggs doe roote up the graves : and the clerks wages is not payde. Prox. — f. 145. DCCXC. Southweald, Contra Robertum Smith, unum gardianorum. Not giving ac- T> i. i. r J. • • L J. j.\, 1. count of rate. — rresentatur, tor not giving an accompt to the towne upon a rate made by them for provision of certaine utensills for the chappell of Brentwood by injunction from the Chauncellor to the Lord Bishop of London. — f. 145. DCCXCL [30 June, 1630.] Munden. Contra Willielmum Stock. — * * There are Making unlaw- many unlawful paths made over the church-yard by William churchyard and Thomas Stock and theire servants. * * — f. 23 b. Dccxcn. [18 Jan.] Leighes Magna, Contra Johannem Strutt [et alios. ^ — * * Drunkenness, John Strutt and one Joseph Bridge Joane Goodman and church drunk. Amye Thorpe singlemen and singleAvomen, departed out of the church in the tyme of the sermon in the forenoone of that Sundaye, they went to the alehouse or taverne, which one William Chaundler keepeth, and there stayed eatinge drinkinge and tiplinge, both wyne and beare, untill evening prayer. John Strutt came not at all to eveninge prayer but lay asleepe in the feilds. The rest came to church. Joane Goodman went out of church about the beginning of the sermon and was observed by some of 254 PROCEEDINGS IN THE COURT OF THE the parishe to goe out reelinge : she laye downe at the ende of the chancell and there laye asleepe till the later ende of the sermon, her hatt lyinge at her feete and in other unseemly fashion. The sideman, Robert Barnard by name, goinge out of the church to see who were without, espied her so lyinge and awakened her and came in againe, and wished her fellowe, the other mayde to goe to her ; but she sittinge still (rather then the whole parishe should at their corainge forth vewe her in that case) the sideman went out againe himselfe and awakinge her, led her out of the churchyard ; she being not able to goe of herselfe : and then after, her fellowe went alonge home with her : and the said sideman thinketh that she was drunke: and so it is commonly noysed and reported, both at home and abroade in many places that she was drunke, who are also scandalized thereat. Citentur. — f. 122 b. DCCXCIII. [12 July, 1631.] Disturbing the SpringfeUd. Contra Willielmum Watkins [et alios], — Pre- neigi ouis. sentatur, for disorderlye carryinge of himselfe on the Sab- both dayes, and sittinge up the greater parte of the night, disquietinge of his neighbours with their showtinge and outcry es. — f. 189. DCCXCIV. [11 June, 1632.] Sitting at the Dagenham. Contra Richardum Faune. — Presentatur, for fajtjj^ sittinge at the confession of the faith. * * Allegavit, that he was newly come into the church and that he did kneele downe and saye his prayers, and that he is hard of hearinge, et super veritatem hujusmodi allegationis fecit fidem. — f. 294. b. DCCXCV. [14 Aug.] Raynham. Contra Mariam Cutford. — Presentatur, for that she did most wickedlie wishe herselfe to be a witche for a tyme that she might be revenged of her adversarie, mean- ing the said Anne Dawdrye. * * Ad agnoscendam ejus culpam. — f. 29. ARCHDEACONRY OF ESSEX, A.D. 1 033. 255 DCCXCVI. [17 Sept.] Northockenden. Contra Henricum Aylett. — * * Fassus Monition to est, that he was in fault in not standing up at the confession confession, &c. and kneelinge at the readinge of the letanie, et submisit se etc. Unde dominus injunxit ei ad agnoscendam ejus culpam, * * et monuit eum, to stand up herafter at the confession and to kneele at the communion. — f. 38. DCCXCVII. [8 Jan.] Northockenden. Contra Robertum Lincolne. — Presentatur Concealing in- jj, ^ ™ , . 1 • 1 ji mi X • 1 • continence, and * * tor countenancmge his brother 1 homas limcoln in advising not to his incontinencie committed with his servant in his howse, ™any. after he knewe of it ; in hydinge conceahnge and sendinge him awaye, to the end that the course of justice might not proceede against him ; when as he himselfe by his office, being constable, ought to have carryed him and the woman before a justice : He also disvvaded his brother from marry- inge the woman whom he had wronged, when he sawe him inclined to it ; and sclanderouslie abused the parson of the said parishe, sayinge that he would take a whore's parte before an honest mans ; because he privatlie exhorted his brother, to marrie the woman whom he had wronged, as beinge the honestest and safest course. — f. 92. DCCXCVIII. [29 Jan.] Grayes Thorock. Contra Johannem Richardson. — Presen- Forbidding the tatur upon a crime, for that Marie Evans sayeth she is with childe by him and for that cause forbid the banes in the church ; since which tyme he hath marryed another woman in the same parishe which we hold verie unlawfull. Prox.— f. 104. DCCXCIX. [5 June, 1633.] Burnham. Contra Anetem uxorem Willielmi Manfeild. — 256 PROCEEDINGS IN THE COURT OF THE Not observing holy day. Adultery. Presentatur, for beinge taken in the acte of adulterie with a stranger whom we knowe not. * * Denegavit eandem esse veram. * * Prox. DCCC. [30 March, 1634.] Sowtliockendon. Contra Henricum Reddall et Jacohum Walter, gardianos. — * * Being asked whether they had any prayers or divine service read or sayde in theire church upon the Kings daye, beinge the 27 day of this instant month of March, or any ringinge in tokinge of rejoycinge for sending us so gracious and peaceable a prince as our kinge is, to reigne over us : Responderunt, that they had not any of these duties performed in theire church on the daye aforesaid, and also said and affirmed that theire minister did not bid the said daye to be kept holie daye, nor gave any notice to the parishioners to resort to church to divine service and to give praise and thanks to AUmighty God, on the daye aforesaid. Prox. — f. 43. DCCCI. [30 April.] Refusal to bap- Fifeild. Contra Magistrum Alexandrum Reade, rectorem tize child. ibidem,— * * * He refused to baptise the child of Thomas Boardman a parishioner beinge brought to church the 4*^ of August last past beinge Sunday at morninge prayer he havinge notice of it before, where he was earnestly solicited by the said Thomas Boardman, the midwife and diverse others of neighbours, the child beinge very weake and sicke, neverthelesse to theire greate discontentment he refused to baptise it, and told them he would not baptise it untill the afternoone and so it was carryed away againe unbaptised. — f. 57 b. DCCCII. [26 June.] Not presenting Fifeild. Contra Robertum Ashwell, nuper gardianum. — absentees from Prescntatur, for that he hath not duringe the tyme of 2 yearcs churchwardenshipp, presented any for absence on ARCHDEACONRY OF ESSKX, A.D. 1034. 1^57 holidayes ; notwithstancling-e I have bene compelled to come backe from church, for the most parte of the holidayes in the yeare, for want of company to reade prayers to ; and when I doe reade prayers, yf I have 4 parishioners besides the clerke and myne owne famylie it is the greatest number that usually is had ; yea himselfe hath bene as much absent as others, and his wife and family more then he. * * [Dominus dimisit eumJ] — f. 88 b. DCCCIII. [16 Sept.] Leighes panm. Contra Henricum Bat'nard et Margaretam A conference ejus uxorem. — * * Allegavit, that he is not satisfied that t/i'e i"s()lvin*'<^ he maye goe to his parishe churche and heare prayers and <^''