The Elizabethan Parish in its Ecclesiastical and Financial Aspects by Sedley Lynch Ware
page 25 of 135 (18%)
page 25 of 135 (18%)
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of those courts, so, too, the recovery of these rates was to be had
before the same tribunals. It is not denied that recourse may occasionally have been made in these matters to the courts of common law, but it is believed that the proper remedy was at ecclesiastical law.[127] Furthermore, we believe that the means at the disposal of the ecclesiastical courts for putting their judgments into effect were quite sufficient and in practice effective. What these means were will be taken up and discussed a little further on. Returning to the matter of suing parish debtors in courts Christian, it is interesting to find that in the language of the period a suit "at law" did not always mean at common law. An order of the vestry of Stepney, London, in February, 1605-6, after determining the manner in which £50 should be raised to pay off parish debts due to the bell founder, adds that persons refusing to pay their shares, or neglecting to do so, should not find themselves aggrieved "if the same be recouered against them by Lawe." And the meaning of this term is fully explained by these subsequent words in the same order, that the churchwardens shall "at the chardg of the p[ar]ish appointe and entertayne one doctor and a proctor to sue and recouer the same by lawe of any p[er]son [etc.]."[128] Now doctors and proctors practiced before ecclesiastical tribunals only.[129] That presentment to the ordinary was the common and usual way, not only of recovering church rates, but any thing of value that belonged to the parish and was unjustly detained, the act-books and other documents of the time plentifully show. Thus in Archbishop Parker's Visitation Articles for the diocese of Canterbury in the year 1569, he requires all churchwardens to report to their ordinaries "whether there be any money or stoke, appertaininge to any paryshe churche, in |
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