The Elizabethan Parish in its Ecclesiastical and Financial Aspects by Sedley Lynch Ware
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page 33 of 135 (24%)
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church with the congregation, either he had to be forcibly expelled or
the service could not proceed.[165] If he continued in his contempt of court he made himself liable to the greater excommunication,[166] and then he was virtually an outcast from the society of his fellow parishioners.[167] That excommunication was feared by the great majority of parish folk there is no reason to doubt. Certainly the greater excommunication might seriously injure a man in his business as well as his social interests, not to mention the trouble and expense of getting an absolution.[168] That excommunication reduced most offenders to order the church court proceedings demonstrate. If, however, a man were obdurate and hardened he was turned over to the Queen's High Commissioners, and these, while making the fullest use of ecclesiastical procedure and the oath _ex officio_,[169] also freely employed the penalties of the temporal courts, viz., fines and imprisonments. As no ecclesiastical offence was too small for the Commissioners to deal with, and as their jurisdiction was not limited (like that of the ordinaries) to a district or a diocese, courts of High Commission may be called universal ordinaries.[170] Finally, if a person stood excommunicate over forty days, an ecclesiastical judge, on application to the diocesan, might procure against him out of Chancery the writ _De excommunicato capiendo_. This writ was probably not very often resorted to in practice, partly because of the great expense involved, and partly perhaps, too, because of the slack execution of the writ by certain undersheriffs or bailiffs, encouraged as they were by the rather hostile attitude sometimes assumed against the courts Christian by the Queen's temporal judges.[171] The writ was, however, certainly no dead letter, and served also _in terrorem_ to reduce stubborn offenders.[172] Indeed Archbishop Bancroft in 1605 called it "the chiefest temporal strength of ecclesiastical jurisdiction."[173] |
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