The Elizabethan Parish in its Ecclesiastical and Financial Aspects by Sedley Lynch Ware
page 38 of 135 (28%)
page 38 of 135 (28%)
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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 |
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