The Elizabethan Parish in its Ecclesiastical and Financial Aspects by Sedley Lynch Ware
page 62 of 135 (45%)
page 62 of 135 (45%)
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[3] See 14 Eliz. c. 5, sec. 16, and 39 Eliz. c. 3.
[4] 37 Hen. VIII, c. 17, re-enacted I Eliz. c. I. "The real effect of the statute was this--that lay lawyers were substituted for the clerical canonists of pre-Reformation times." Lewis T. Dibden, _An Historical Inquiry into the Status of the Ecclesiastical Courts_ (1882), 59. By canon cxxvii of the Canons of 1604 in order to be a chancellor, a commissary, or an official in the courts Christian, a man must be "_ad minimum magister artium, aut in jure bacalareus, ac in praxi et causis forensibus laudabiliter exercitatus_." E. Cardwell, _Synodalia_ (etc.), i, 236. Cf. Blomefield, _Hist. of Norfolk_, iii, 655-6 (Parker's report, 1563. Officials of the archdeacons not required to be in orders). E. Cardwell, _Documentary Annals of the Reformed Church of England_, i, 426 (Complaint in a document of circa 1584 [or later] that excommunication is executed by laymen. In the answer by the bishops it is stated [_ibid_., 428] _inter alia_, "that in later times, divines have wholly employed themselves to divinity and not to the proceedings and study of the law"). To the same effect, but for a later period, see White Kennett, _Parochial Antiquities_ (Oxon. ed. 1695), 642. [5] Harrison, writing in 1577, says that archdeacons keep, beside two visitations or synods yearly, "their ordinarie courts which are holden within so manie or more of their several deaneries by themselues or their officials once in a moneth at the least." Harrison, _Description of England_, Bk. ii, _New Shakespeare Soc_. for 1877 (ed. Dr. Furnivall), p. 17. Between 27th Nov., 1639, and 28th Nov., 1640, there were thirty sittings in the court of the Archdeacon of London. Hale, _Crim. Prec_., introd. p. liii. Any casual inspection of the visitation act-books reveals the fact that the judge sits either in |
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