[16] For the noisy proceedings in Bow Church and in St. Paul's, London, see The Spiritual Courts epitomised [etc.], a satire printed in 1641 at London. For this and similar satires see Mr. Stephen's Catalogue of Political and Personal Satires in Brit. Mus. (1870). Cf. Strype, Life of Grindal (Oxon. ed. 1821), 83 ff. (Proclamation of 1561 for reverent use of churches). Also Augustus Jessop, One Generation of a Norfolk House, 15. Sir J.F. Stephen, Hist. of Criminal Law, ii. 404.
[17] In the Canons of 1571 the churchwardens are called "aeditui," in those of 1604 "oeconomi." In the older churchwardens accounts their Latin designations are "gardiani" and "custodes," sometimes "prepositi" (or 'reeves'). English equivalents are churchmen, highwardens, stockwardens (alewardens even), kirkmasters, church masters, proctors, etc. Sidemen are called also questmen, assistants and (apparently) sworn men or jurates. They do not always appear in small country parishes, neither are they generally found before the latter half of Elizabeth's reign. Their Latin appelation was "fide digni" and they were chosen from among the parishioners to the number of two, four, six or more to present offences along with the churchwardens, or offences which the wardens would not present (Gibson, Codex, ii, 1000). The sidemen went about the parish during service time with the wardens and warned persons to come to church (See p. 23 infra). For rector, etc., see p. 30 infra.
[18] Toulmin Smith, The Parish (2d ed., 1857), 69 ff., strongly insists that churchwardens "never were ecclesiastical officers." But the authorities he cites are post-Elizabethan. The courts in Elizabeth's time held that the execution of the office "doth belong to the Spirituall jurisdiction" (See Brown v. Lother, 40 Eliz., in J. Gouldsborough's Rep., ed. 1653, p. 113). Lambard (The Duties of Constables, etc., ed. 1619, p. 70) says that wardens are taken in favor of the church to be a corporation at common law for some purposes, viz., to be trustees for the church goods and chattels.
[19] See "The Othe which the Parsons … shall minister to the Churche Wardens," of which the text is given in Bishop Barnes' Injunctions and other Ecclesiastical Proceedings, Surtees Soc., xxii (1850), 26 (Hereinafter cited as Barnes' Eccles. Proc.). The wording of this oath is evidently very similar to, if not identical with, that of the oath administered to the wardens by the archdeacon.
[20] For a number of examples clearly illustrating this point see Visitations of the Dean of York's Peculiar, Yorkshire Archaeological Journal. xviii (1905), 202, 221, 222, 224, et passim. Hereinafter cited as Dean of York's Visit. We have a number of these articles of inquiry formulated by archbishops or bishops. E.g., see in T. Nash, Hist. and Antiq. of Worcestershire, i, 472 (Wardens of Grimley make answer to the 5th and 6th articles inquired of by the bishop in 1585). Cf. Cardwell, Doc. Ann., ii, 13-16 (Whitgift's Articles of 1588).
[21] E.g., Canterbury Visit., xxv, 12 (Birchington wardens arraigned in court "for that they have not presented divers faults Committed within the parish." 1591). Act-Books in Barnes' Eccles. Proc., 118 (A warden of Long Newton detected to the official because "he refused to present faltes with his fellowe churchwardone, et fatebatur delationem, viz., that he wolde not present his owne wief." 1579). Ibid., 129 (1580). See also Warrington Deanery Visit., 188 ("Departing and not exhibitinge there presentments"). W.H. Hale, Precedents in Causes of Office against Churchwardens and Others (1841), 81 (Wardens of Sarratt [Herts] excommunicated for not exhibiting their "billas detectionum." 1577). The last named work hereinafter cited as Hale, Churchwardens' Prec.
[22] For numerous examples of excommunication for non-appearance, see Barnes' Eccles. Proc., 29 ff. Under the heading of each parish we see "aegrotat" or "excusatur," or "nullo modo" (sc. comparuit) placed after the name of each person cited to attend from that parish. Incumbents, wardens and sidemen were almost always in attendance. Schoolmasters usually so when there were such. Delinquent parishioners were of course cited in person, or remanded to appear at the next court day holden elsewhere. Upon non-appearance the formula usually entered by the registrar or scribe in the act-book was "et omnes et singulos hujusmodi non comparentes [judex] pronuntiavit contumaces et eos excommunicavit in scriptis." At Alnwick in 1578 fifteen persons were excommunicated for non-attendance. Barnes' Eccles. Proc., 41. Cf. Hale, Crim. Prec., passim.
[23] Lists of "furniture," implements and books will be found in the metropolitan or diocesan injunctions of the time. A typical one is given in Barnes' Eccles. Proc., 25, entitled "The furnitures, implements and bookes requisite to be had in every churche, and so commaunded by publique aucthoritie" (1577). Cf. Cardwell, Doc. Ann., i, 287 ff. ("Advertisements partly for due order in the publique administration of common prayers [etc.] …" Jan., 1564).
[24] Warrington Deanery Visit., 184.
[25] That is, Bishop John Jewel's Apologia Ecclesiae Anglicanae, published in 1560, and his Defence of the Apology, published in 1567, sometimes called in the act-books and wardens accounts (where both works are frequently mentioned) The Reply to Mr. Harding.