Divell," attributed by its modern editor to not later than 1616, which throws much light on the proceedings of certain unscrupulous apparitors, and reflects also the strong dislike entertained for the whole tribe of apparitors by people of the time.[184] The devil going a hunting one Sunday and beating the bushes, up starts a proud apparitor. During several stanzas the apparitor narrates to the devil, as one consummately wicked man to another, all the tricks of his trade to drum up cases for himself and his court. He spies on lovers as they pass unsuspecting; he haunts the ale-houses and overhears men's tales over their cups; if business be dull he even devises scandal among neighbors, and sets them at enmity. Thus he concocts his accusations of immorality, or drunkenness, or profanity, or uncharity towards neighbors, and writes them busily down in his quorum nomina, or formulas of citations to appear before the official's court. "My corum nomine beares such swaye," he boasts, "They'le sell their clothes my fees to pay." But, remarks the devil after listening to all this, surely the innocent pay no court fees, "But answere and discharged bee." "My corum nomine sayth not so," rejoins the apparitor, "For all pay fees before they goe.—The lawier's fees must needs be payd,—And every clarke in his degree—Or els the lawe cannot be stayd—But excommunicate must they bee." The devil, amazed and disgusted at laws which "excell the paines of hell," turns to go, whereupon the apparitor seeks to arrest and fine him for traveling on the Sabbath. Exclaiming "Thou art no constable!" the devil pounces upon the unworthy officer and carries him off to hell.[185] Thirdly, even when at their best and conducted by upright judges and officers, the modes of proof in force in the courts Christian were sometimes utterly inadequate as means for getting at the truth. The inquest, or trial by jury, had never been introduced into these courts, where the archaic system of compurgation[186] still lingered.

If a man for want of friends, or for want of good reputation, were unable to procure compurgators to attend him at visitations or courts, held sometimes twenty miles and more away,[187] he might be condemned as guilty of specific acts which he had never committed.[188] He might even fail in his proof because he was poor. When the judge arraigned Lewis Billings of Barking, Essex archdeaconry, for "that he hath failed in his purgacion," Billings pleaded "that he is a very poore man and not able to procure his neighbours to come to the cort, and beare their charges."[189] But, as is well known, contemporaries attacked not only the inferior officers, but the judges themselves. Complaints of great abuses were loud and long,[190] and when the ecclesiastical courts were abolished by the Long Parliament in 1641,[191] the satirical literature of the day celebrated their downfall with a verve, a gusto, and an exultation amazing to one not familiar with the procedure of these courts.[192]

As was mentioned at the beginning of this chapter, the secular judges were given statutory authority to take cognizance of breaches of the order prescribed by the Book of Common Prayer, of the offence of not attending church, and other delinquencies against the legal settlement of religion. Hence in these matters they exercised what might be called a sort of ecclesiastical jurisdiction in aid of the ordinary and concurrently with him, though their mode of procedure, of course, was that of the common law, possessing nothing in common with the practice adopted in courts Christian. Men who were "hinderers" and "contemners" of religion; who refrained from going to church without lawful cause; who had mass-books or super-altars[193] in their possession;[194] who spoke in contempt of the Book of Common Prayer and its rites;[195] who caused their children to be baptized with forms other than those prescribed;[196] ministers who omitted the cross in baptism;[197] who left off the surplice;[198] who refused to church women;[199] who called purification "a Jewish ceremony," or who in their sermons preached seditious doctrine[200]—all these and other like offenders were indicted at quarter sessions or at the assizes.

CHAPTER II.

PARISH FINANCE.

Speaking generally of the average parish, Elizabethan churchwardens accounts and vestry minutes show that for the purposes of raising money amongst themselves to meet every-day parish expenditures,[201] the parishioners of the period did not commonly resort to rates, if by "rate" be understood a general assessment of all lands or all goods alike at a fixed percentage of their revenue or value above a minimum exempted.

It must not be supposed, however, that in the case of offerings or gatherings, or of levies to raise a certain sum where each man assessed himself, it was entirely optional for each to give or to refuse. What a man customarily gave, or what he had promised to give, or, again, what the parish thought he ought to give, that the ordinary might compel him to give.[202] From an offering or a voluntary assessment to a rate is often but a short step, and the two former shade off into the latter almost imperceptibly. The justices of the peace and the ecclesiastical authorities usually cast lump sums upon the parishes, leaving ways and means to the parishioners themselves. But it was, of course, optional with the justices to rate each individual separately when it seemed good to them, and for this they had the Queen's subsidy books to guide them. Here, however, we are chiefly concerned with the raising of money amongst the parishioners themselves. How manifold, how ingenious were the parochial devices for creating resources, it is the purpose of this chapter to set forth.

But before proceeding to the parish expedients, properly so called, for raising money, it will be well to say something of parish endowments, whether in lands, houses or funds. According as the revenue from these was available for general, or at least for various purposes, or, on the other hand, was impressed with a trust for some specific object, these endowments may be divided into general and special. Parishes well endowed might be able to dispense with some of the devices for money-getting which we shall have occasion to enumerate, but then, after all, endowments might come and they might go;[203] moreover, the financial policy of any one parish would, of course, differ according to the disposition or the ability of those who shaped it.

Of Loddon, Norfolk, we are told that "no complaint appears about Church Rates, for there were none, as the revenue of the Town Farm … rendered a tax of that description unnecessary."[204]

Of St. Petrock's, Exeter, we are informed that "the parish became so well endowed by donations of land and houses as to enable the wardens to dispense almost entirely with the quarterly collections entered in the earlier accounts."[205] The editor of the Thatcham, Berks, Accounts, writes: "In the early years of these churchwardens accounts the available funds were derived chiefly from the two oldest charities, one called 'Lowndye's Almshouses,' the first account of which is for the year … 1561 … to 1562; the other known as 'the Church Estate,' the first account of which begins in 1566."[206] Summoned by the Bodmin, Cornwall, justices in January, 159-4/5, to make a report as to the parish stock, the representatives of Stratton certify at sessions that their stock "am[oun]ts to the now some of Sixteene poundes, some yeares it is more & some yeares lesse…." And, they continue, "the vsinge of our sayde stocke is by the two wardens & the rest of the eight men w[hi]ch for the same stande sworne, And it is bestowed aboute her ma[jes]ties service, for buyenge of armor, settinge forth of souldiers w[i]th powder & shott…. And likewise for the relievinge & mainetayning of the