All kinds of offences were dealt with by similar penalties. Richard Ram confessing that he had not paid the tithe of his corn to his rector of Cliffe, in 1363, was sentenced to carry a sheaf of corn on his shoulder to the altar of Cliffe Church, and there to offer it and the value of the tithe withheld.[623]
Among the cases recorded in the “Proceedings of the Courts of Durham,” p. 26, we find, in a case of immorality, the man sentenced to receive four “fustigations” round the church, and the woman two.
For non-attendance at church on Sundays, we have already quoted several cases (p. 201).
In 1480, nine parishioners of Halling and Snodland[624] were summoned to the court for playing tennis on Thursday in Whitsun-week in time of matins and mass. They pleaded guilty, and took an oath to perform whatever penance the bishop might impose. The sentence was that those of Snodland should walk barefoot after the procession on the following Sunday, each carrying a taper worth a halfpenny, which they should offer at the Holy Cross. The Halling men were to do the like, with this difference, that they were each to offer two tapers at the high altar and two at the altar of St. John.
William Bek, of Cooling, was cited into the court of John Alcock (1476-1486), Bishop of Rochester, in consequence of having been detected by his wife and neighbours in eating meat on Fridays and other fasts. Bek confessed his guilt, though he doubted if he had offended in Lent, but pleaded that he was not responsible for his actions, since his mind had been so much disturbed for three years that he only knew Sunday because his wife on that day offered him the consecrated bread. The plea did not avail. It was ordered that as a penance he should be thrice whipped round Cooling Church, before the procession, clad in a white cloth, with bare head and feet, and carrying a taper of the value of one penny. Further, that on Friday he should be whipped in Rochester market in like manner, and should offer a taper at the shrine of St. William.[625]
Margaret Reed, in 1469, is brought before the Court for using ill language to Martha Howkett, in that she told her she was a “horse godmother and waterwitch.” So, in 1560, Wm. Lee is reported to have said to Bayle, who was reported to be a deacon at Durham, “Methenketh ye goeth not lyk a man of the church, but lyk a ruffing.” To whom the said Bayle answered, “What hast thou to do with my apparell or my going? Thou art a slave and a knave to find fault with me.”[626]
There are many other instances of defamation, at p. 90, etc. Here is an example of a little later date than our period, which shows exactly what was the way of making amends for the offence of defamation:—
A confession to be made by Charles Shawe for slandering Bar. Mitforth in St. Nicoles Church, in lynen apparell, after the reading of the third chapter of St. James’ Epistle—
“Beloved neighbours, I am now comen hither to shewe myself sory for slannderinge one Bartram Midforde, namely in that I called him openly ‘beggerly harlot and cutthrote,’ saying that he ‘was a covitous snowge, and such as he by Godd’s worde aught to be weded out of the Coomenwelthe.’ I acknowledge that thus to slannder my Xtian brother is an heynouse offence, first towardes God, who hathe straightly forbydden it in his holy lawes, accountyng it to be a kind of murderinge my neighbour, and threatninge to punyshe it with hell fire and the losse of the kyngdome of heavene. Also the Queen’s lawes, against which I have stubbornely stande, doth grevously punyshe all slannderers, backbiters, and sowers of discorde, debate, hatred, and disquietnes, to the shame of the offenders and feare of others. Agayne, my unruly tongue, if it were not punished, it wolde not only set mo of you on fire, but also it wolde bolden others to do the like. Wherefore, as I am now called back frome myne inordinate doinges by this correction, with my coste and shame, so I beseche yow all to be witnesses with me that I am sory frome the verrey bottome of my harte for this and my other like offences against God, the Quene’s majestie, and the said Bertram Mydforde; promysinge before God and you here present, that I fully intende to amende my outerageous tonge and wilfull behaviour, as maye please Almightie God, satisfye the Quene’s lawes, and towrne to yur good example and myne owne sowle’s health; for the obteyninge and performinge thereof I humbly beseche yow all, with me and for me, to pray unto God as our Saviour Jesus Xt. himself, beinge on earth, taught us, sayinge ‘Our Father,’ etc. A.D. 1570.”[627]
A suit was begun in 1458 against John Andrew of Cobham and Margery Allyn, late of Shorne, for having clandestinely married while a matrimonial cause was pending between her and Richard Coke. They were sentenced, December 20, to be whipped “after the manner of penitents” once in Rochester market and thrice round their parish church. Walter Crepehogg, who had promoted the marriage, was thought the worst offender, for besides six whippings he was condemned to carry a torch worth 6s. 8d. to the altar of the cathedral, and to make a similar offering to St. Blaize at Bromley.[628]