Before CHAPTER IV THE SECULAR USES OF THE CHURCH FABRIC (continued)
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Johnson, Walter
When the Northmen swooped down upon a district, priests and people would hasten to the nearest tower. Thither the fugitives carried their most precious possessions: manuscripts, relics, sacred vessels, and vestments. Some objects of this kind may have been housed in the tower permanently. Once gathered within their asylum, the inhabitants were comparatively secure. They could hurl stones and other projectiles from the narrow loopholes, while they themselves were safe from danger, at least, until relief arrived. On the other hand, missiles thrown by the besiegers, either from the hand or a catapult, would rarely hit the defenders inside. A successful battery could not be made in a few minutes, and even firing the stone tower was not a speedy mode of overpowering the refugees.
After the Danish incursions came to an end, the towers would still serve as spy-places against native enemies, as “strongrooms” for protection against thieves, and, probably, as we have seen, as bell-towers for raising alarms. The pattern of the tower, moreover, would long survive its original necessity. Summing up, we may say that the round towers were defensive buildings, the use of which was mainly secular, but to some extent ecclesiastical also. Perhaps we ought rather to say that the religious and the secular uses were so blended that no demarcation could be made.
The round towers suggest to us parallel usages in England. The first similarity is that of the detached church tower, which is not a rare feature in our Gothic architecture. Selecting a few examples from a numerous list, we notice the isolated tower of Walton, Norfolk; Berkeley, Gloucestershire; Evesham, Worcestershire; and Ledbury, Herefordshire. The last-named county supplies several instances, a fact not without interest, in view of the geographical position. Bosbury tower, Hereford, is situated 60 yards from the South side of the church; while that of Pembridge, which stands on an eminence, is 25 yards distant from the main body of the building. As with the hill-top churches, the peasantry generally have a tradition to explain the anomaly. Thus, at Warmsworth, Yorkshire, two sisters, charitable, but obstinate, are said to have made a bequest for the building of a church. Each lady had chosen a site for the church; neither would give way. The fabric was in consequence built in detached portions. The bells call the folk to church in one direction, the congregation walks away to service in another. Obviously, the ordinary folk-tales, as told nowadays, do not fully explain the facts. In several cases, as at Wickes and Wrabness, in Essex, and at Brookland in Romney Marsh, it is evident, from the size and construction of the tower, that it was built, not for hanging bells, but for defence and refuge. The English detached towers, it will be remarked, are usually square, not circular. The round detached tower of Bramfield, in Suffolk, is an exception, and there may be others.
The circular towers of East Anglia (Fig. 29) are only partially analogous to those of Ireland. They belong to various styles from the Norman period onwards, but they are, as just mentioned, attached, not free. Again, while the Irish towers are round because of their development from primitive structures of that shape, the English towers had their form determined by the nature of the building materials available, flint and coarse rubble. Yet there are points of resemblance also. The towers of Norfolk and Suffolk are usually devoid of ornament or individuality. The windows, too, are commonly found in the upper stories, and they face the Cardinal Points[305]. Many of the towers overlook the North Sea, and they were doubtless used for posts of observation, if not as receptacles for treasure. The custom of building defensive towers, whether square or round, in connection with the church, was, as before indicated, probably a legacy from Danish times. But danger did not cease with the piratical raids of the sea-kings. No one who has not lived on the sea-coast, especially on the East or South coast of England, can rightly appreciate the fears which beset maritime folk with respect to invasion. We see the alarm translated into action at the time of the Armada, during the Dutch Wars, and at the period of the Napoleonic struggle, when the martello towers were built, nay, we witness its influence in our own day.
Fig. 29. Rushmere church, Suffolk, with Early English round tower. The upper portion has been rebuilt.
Of the three attached round towers still existing in the county of Sussex, that of Piddinghoe (Fig. 30) deserves notice. The immediate explanation of the form adopted by the builders is that the necessity of having stone quoins was thus obviated. But if this be the sole reason, why are not such towers more common in Sussex? Consider the facts. The church at Piddinghoe stands on a natural platform, at a slight, but effective, elevation above the adjacent river Ouse. The tower, built c. A.D. 1120, has the narrow, round-headed windows of the period. One of these, facing West, is six feet from the ground. There is no external doorway. At the time the church was erected there seems to have been no other defensive building. One may fairly suppose that the tower was used as a refuge against pirates and invaders, who would have only a few miles to sail from the mouth of the Ouse in order to reach the village. Another Sussex tower, a square structure in this instance, that of East Dean (Fig. 31), probably served as a partial defence of the rising ground above Birling Gap.
Fig. 30. Norman tower (c. 1120) of Piddinghoe church, Sussex, seen from the North-West corner of the churchyard. The tower is built of squared flint, and the short spire is timbered.
In tracing the parallel which has been proposed, let us not lose sight of the fact that the church of Mediaeval England was, as such writers as Canon Jessopp have fully demonstrated, almost incredibly rich in priceless relics and portable treasure. Chalices and basins and thuribles; jewelled crosses, and candlesticks wrought out of precious metals; lanterns and bells; vestments and girdles, brooches and buckles, these and many other valuables, needed to be protected from theft. Large and important churches, which possessed hoards of treasure, not uncommonly had a watchman who spent the night in the sacred building. Sometimes he was provided with a special chamber which was situated over the porch, sacristy or vestry[306]. The Cathedral church of St Albans, for instance, had a celebrated watching-loft which was erected about the year A.D. 1400[307]. At Lincoln it was considered sufficient for watchmen to patrol the Minster after nightfall. It may be added that down to the sixteenth century, in such German cities as Ulm and Frankfort-on-the-Main, watchmen lived in rooms constructed in the church steeples. On the approach of strangers, or in times of alarm, the watchman rang a bell, blew a horn, or fired a musket.
Fig. 31. East Dean church, Sussex, from the North-West. The walls of the tower, possibly pre-Norman, are very massive, about three feet in thickness. An apsidal structure, the foundations of which are still traceable, was attached to the Eastern face of the tower.
Another detail which is germane to the question of resemblances and contrasts, is concerned with the word “belfry.” We have seen that, from the earliest time of which we have documentary evidence, the Irish towers were called by a name which is equivalent to “belfry,” but that, notwithstanding, the structures were not originally bell-towers. The English term “belfry,” now, indeed, denotes a building for hanging bells, yet, contrary to popular belief, the word has no etymological connection with the word “bell.” Sir James Murray and Professor Skeat have collected irrefragable testimony proving that the Middle English berfrey, and the Old French berfrei, in all their various spellings, denoted a wooden tower, or pent-house, generally movable, employed in besieging and defending fortresses. In due time the word came to signify a watch-or beacon-tower, then an alarm tower, and, finally, a bell-tower. The English form belfray, which seems to have misled the earlier philologists, did not appear before the fifteenth century[308]. Hence we have this curious case of opposites: the Irish towers, at an early date, possess a name which erroneously implies that they were merely bell-houses, while the English steeples contained bells long before the bell-chamber got the designation “belfry,” a word which became spuriously connected with “bell.”
This review of the Irish towers and their possible analogues in England must not further detain us, for we must hasten to consider another secular use of the tower. Many English steeples were set up largely to serve as beacons and landmarks, and, in fact, this purpose was doubtless kept in mind even when the primary intention was defensive. Sometimes, the entire building, rather than the steeple alone, was a landmark. Whitby Abbey church, as is well known, is reached by ascending 199 steps from the old town lying below in the valley of the Esk. The church is believed, with good reason, to owe its prominent position to a desire, on the part of its founders, to provide a lighthouse for storm-tossed mariners. Much the same may be said of the parish church (St Mary’s) which stands on the cliffs hard by. Again, comparing the small with the great, and choosing, for the sake of emphasis, a towerless structure, let us take the tiny square chapel of St Aldhelm (Fig. 32), which is perched on the summit of St Alban’s Head, in Dorsetshire. This quaint chapel, with its vaulted roof, and its interesting Norman doorway, has unfortunately been greatly restored. The buttresses shown in the illustration are modern additions; they are not seen in old engravings of the chapel. The building looks down on the waves, 440 feet below, but, so fierce are the storms now and then, that the chapel is drenched with spray and bombarded with small pebbles. Within, says tradition, chantry priests were wont to offer prayers for the sailors in the Channel, while a beacon light was burnt on the roof.
And, truly, no other explanation sufficiently accounts for the presence of the chapel in such a remote position[309]. Perhaps a similar reason will apply to the conspicuously placed church of Cheriton, near Folkestone (Fig. 33).
Fig. 32. St Aldhelm’s chapel, St Alban’s Head, Dorset; a beacon for sailors.
A curious legend is told of St Botolph’s church, at Northfleet, in Kent. The tower, originally set up, it seems, to guide ships coming up the Thames estuary, proved too serviceable, for pirates found it an excellent beacon. It was therefore thought fit, so the story runs, to make the tower look like a fortress, and it was accordingly rebuilt by the villagers[310]. We notice that there are steps leading from the churchyard to the first floor, so that one is inclined to believe a portion of the story, at least. Whether, however, this was a feature of the original design is uncertain.
Fig. 33. Cheriton church, Kent; an isolated hill-top church, of Norman or pre-Norman foundation, built on the edge of a steep hill overlooking the English Channel. The site was probably chosen so that the church would serve as a landmark for mariners and wayfarers.
On Brent Tor, Devon, at a height of 1130 feet, there stands a little church which overlooks the very edge of a precipice. The diminutive graveyard contains a few mouldering tombstones. The building, which was probably first set up during the Early English period, is, like so many others found on eminences, dedicated to St Michael, the tutelary saint of churches so placed. (Cf. St Michael’s Mount, Cornwall, with its former chapel and shrine (Fig. 34); Mont St Michel in Normandy, with its Benedictine Abbey; Mont St Michel at Carnac, with its chapel, calvary, prehistoric tumulus, and pagan legends.) The church was evidently intended as much for a landmark as for a house of prayer. To explain its exalted position, local tradition relates that a grateful merchant had a struggle with the Evil One concerning the site, and that mastery remained with the trader. To ask why the merchant desired to build in such an unfavourable situation is to supply at once the missing link of the chain.
Fig. 34. St Michael’s Mount, Cornwall. The present building on the top of the mount is almost entirely modern, little of the original Priory church of St Michael being traceable. In this church was the shrine of the saint.
“Where the great vision of the guarded mount Looks towards Namancos and Bayona’s hold.” Lycidas.
One may recall how, in the days when roads were execrably muddy, and pathways across the boggy moorlands were intricate and difficult to follow, it was customary to erect pillars, towers, and other guide-marks at suitable spots. For instance, Dunston pillar, in Lincolnshire, was reared (A.D. 1751) as a lighthouse to assist travellers in crossing the desolate, thief-ridden expanse of Lincoln Heath. The practice of building such towers continued until the nineteenth century, as is amply proved by the famous monuments and towers of the Isle of Wight and Somersetshire. Often the first intention has been lost, and the buildings are considered as mere prospect towers. It must not, however, be inferred that the beacon towers were never used for this last purpose, though the need of protection, and not pleasure, gave the impulse. A conspicuous church tower would serve the same object as a toot-hill. At Royston, near Barnsley, may be seen, below the belfry, on the West side of the tower, an oriel window, supported by a long corbel. The recess thus formed was locally called the “lantern” or “look-out,” and tradition says that a light was formerly burnt within it[311]. The case of the tower of St Nicholas, Newcastle, is especially instructive. It was furnished with a “lantern,” and was valued as an inland lighthouse by wayfarers over the moors. But the remarkable fact about the tower is that, from time immemorial, it has been repaired by the Corporation of the city. Legal opinion, to this very day, upholds the view of the liability of the Corporation[312].
St Michael’s church, poised on the summit of an outlier of Inferior Oolite at Glastonbury Tor (cf. p. 16 supra), in Somersetshire, was doubtless, like so many other churches of that county, a day-mark for travellers. This section may conclude with a notice of a building which is usually considered solely as a “pilgrims’ church,” but which, I feel convinced, at one time served also as an important beacon. The church referred to is that of St Martha, Chilworth, near Guildford (Fig. 35). It stands on the top of a Greensand hill (720 feet), and is, for many miles around, an outstanding object, whether viewed from the distant heights or from the pleasant valleys below. Common belief ascribes the foundation to the Mediaeval folk who traversed the Pilgrims’ Way to Becket’s shrine at Canterbury. There can be no question that pilgrims of those days would welcome such a church, both as a landmark and as a temporary resting-place. The name of the church, St Martha’s-on-the-Hill, is believed to be a perversion of “Martyr’s Church,” the martyr being St Thomas of Canterbury. But the structure, though rebuilt and modernized, has a foundation which dates somewhat earlier than the year of Becket’s death. For this reason, and because of contributory local tradition of a massacre of Christians, a high authority on church dedications urges that the name should be “Martyrs’ Church,” and that the spot is consecrated, not to one person, but to early Christians who suffered there[313].
It should be noted, in passing, that St Martha’s is technically called a chapel, but that it is really a church, as described above. It possesses all the customary parochial rights, and is used for the usual functions. Legally, the building is what is termed a “donative,” and is independent of episcopal jurisdiction[314].
Fig. 35. St Martha’s chapel, near Guildford, Surrey. The present cruciform building is a restoration (1848) of the supposed “Pilgrims’ Church,” which had fallen into a ruinous condition. The view is taken from the South, a little to the East of Chilworth station. The Tillingbourne stream is seen in the foreground.
Leaving the tower, we come next to the nave of the church, and approach an attractive study—one that has exercised the minds of many observers. Why should the size of the nave be often so utterly disproportionate to the congregation which it has to accommodate? Has the population changed inversely to such an extent since the church was built? One might rashly deem the riddle solved by a reference to acts enforcing conformity in religion, or to the half-truth that “all persons went to church in those days.” On rare occasions, perchance, the inhabitants did all go to church, at least those who were neither infantile nor bed-ridden. But these explanations are idle. Churches may be found, which, even if we allow that every adult in the village was a regular churchgoer, could never at any time have been quite filled at a purely religious service.
Various answers have been given to the troublesome query. At Thaxted, in Essex, in whose church, as the natives say, all the parishioners might comfortably be put to bed, the excess of accommodation is thought to be explainable on the assumption that the builders provided for a growing population. The general facts, however, are strongly against this notion. William Cobbett, who will be admitted as a careful observer, though his conclusions were frequently hasty, exemplified both his strength and his weakness in discussing this subject. Over and over again, in his Rural Rides, and his History of the Protestant Reformation, he calls attention to churches, which, in his day, would hold three or four times the total number of the inhabitants in the respective parishes. From these facts, he deduces that the land in Mediaeval times supported a greater number of folk, and that the villages were larger and much more densely populated. Other writers, favoured with greater opportunities than were available to Cobbett, have, nevertheless, been betrayed into the same error. But the population theory is now so generally discredited, that it is unnecessary to rebut it directly by an appeal to the estimated populations of the country during each successive century. Besides, an estimated census of the population during the Edwardian period, for instance, can never be more than approximate, and may itself cause more controversy than the theory which it is warranted to disprove.
The seemingly obvious answer to the puzzle of spacious churches is, as so often happens, incorrect. The best refutation, perhaps, is afforded by general principles, and by certain ascertained facts. These principles and facts are bound up with what has been briefly called “the social theory of Mediaeval Christianity.” What this theory implies will shortly appear. From a slightly different point of view, the inordinate size of the nave directs us to a period when secular and sacred departments of parish life were more closely blended than they are to-day. Before developing this idea, however, we must pause, else we shall find another hypothesis barring our way.
This latest hypothesis, and one which will command greatest attention because of the high reputation of its advocates, might best be termed “the devotional theory.” It may thus be stated: a large Mediaeval church was not necessarily built for a large congregation, but it was, first of all, a monument, freely raised, as a permanent expression of duty and devotion to the Divine Father. Mr Francis Bond, who propounds this theory, is dealing primarily with Westminster Abbey, but, from the context, it seems clear that he supports a wider application. Here is an Abbey church, a huge building, over 500 feet in length, and 100 feet in height; yet it was erected, as documentary evidence proves, for a congregation which was normally under sixty[315]. “It seems hardly conceivable,” remarks Mr Bond, “that it could have been planned and built for pigmy man who walks beneath; it seems not built for mortal man by mortal men; man is overpowered by his own work[316].” No, this vastness had another purpose besides that of the accommodation of worshippers—it was man’s tribute to the Unseen, his attempt to symbolize the Eternal and the Infinite. For, indeed, at the Great Sacrament, “the priest of the church officiated, congregation or no congregation,” and in the village church all the choir that could be got together, as a rule, consisted of the parish priest and the parish clerk[317].
A congregation of two: yet, as Thorold Rogers observes, “it is certain that villages with fewer than fifty or a hundred inhabitants possessed edifices which would hold a congregation of five, or even ten times that number[318].”
Does the “devotional theory” furnish a full explanation of the difficulty? As befits one who has learned many valuable lessons when a student under Mr Bond, and who has almost unqualified admiration for his teaching, I criticize the theory with some misgiving. Yet, though Mr Bond’s solution is probably correct, in the main, with respect to our cathedrals, minsters, and abbey churches, it seems quite unsatisfactory for hundreds of parish churches. All thoughtful students must, indeed, admit that the aesthetic and devotional aspect of church architecture—its grandeur, its freedom, its wealth of what was choicest in design and ornament, its sculpture, painting, stained glass, and mosaic work—cannot be eliminated when considering the question of size. These details are parts of a whole. Again, the daily service, constantly observed until the Reformation, and, as recent investigation has shown, probably never wholly discarded since that event[319], was a duty undertaken, we may readily admit, irrespective of the number of worshippers. The building was as magnificent and costly as wealth or self-denial could make it. The resplendent vestments, the solemn liturgy, and the beautiful music were the best that the age could produce. So, too, the very vastness of the structure was a token that the founders performed their work in no niggardly spirit of economy or time-saving:
“They dreamed not of a perishable home, Who thus could build.”
It must be understood that, with respect to the populace, this description is largely theoretical. In practice, such lofty sentiments would be confined to picked leaders and their devoted adherents. Even with these churchmen, ideals were often degraded, and always unattainable. Of the people in general, it may be said that beneath a veneer of religion there existed an amorphous mass of heathenism. The monks and parish clergy of remote districts were not merely the pioneers of religion, but they represented the outposts of civilization amid a population of semi-barbarians. But, in architecture, it was the leaders who counted.
In spite of all these considerations, the argument from devotion appears to be insufficient to meet the case, unless—an improbable event—the secular uses of the nave, which are about to be described, were the results of afterthought. Rightly to understand the problem, we must constantly recollect two staple facts: first, that the early churchmen were ever ready to adopt a compromise, and, secondly, that, especially during the Mediaeval period, there existed a close relationship between the secular and the religious aspects of social life. So many pieces of evidence have to be colligated to explain the working of these two principles, that it is difficult to make a beginning. But, since the question of compromise has already been dealt with in Chapter I., we may chiefly confine ourselves to the second point. On the whole, a start may best be made by reviewing the meetings, other than those strictly concerned with worship, which were held of old time in churches. Some of these meetings must have comprised far more able-bodied men than were ever collected together for a strictly religious celebration. In fact, a particular church may have had to shelter not only the inhabitants of the parish, but also the dwellers in several outlying parishes and hamlets. What business was it that gathered these folk together?
When discussing pagan sites, we found that open-air courts, whether territorial, or composed of members of a free community, commonly met near some prominent landmark, natural or artificial (p. 34 supra). Of these objects, megalithic monuments—particularly menhirs and stone-circles—were much favoured. The stone-circles, as we saw, were in later days gradually abandoned, and the members of the community assembled in the churches. We should reasonably expect to discover evidence of overlapping of custom, and this is what we actually find. For, at a date when gatherings on mounds and within cromlechs are still sporadically recorded, we find frequent references to courts held in churches. Thus, during the Saxon period, trial by ordeal, which was deemed a religious transaction, was conducted by the priests in the parish church[320]. So early as A.D. 973, says Sir G. L. Gomme, a gemōt was held in St Paul’s, London, while in A.D. 1293 a court met in Norham church, Northumberland[321]. The County Court, a very ancient body, presided over by the sheriff, was held in the Sheriff’s Court, or the Manor Court, but, if these were not convenient, the members assembled in the open air, or in the church[322]. The Welsh laws of the ninth and tenth centuries frequently refer to churches as courts of justice[323]. Relics, it was declared, were unnecessary at trials held in churches, for the church was the place of relics.
What is true of the Saxon and Norman times holds good for a somewhat later period. At Ashburton, Devonshire, the annual courts of the manorial lord met in the chapel of St Laurence, when such officials as the bailiff and the port-reeve were elected[324]. The court leet, which, under the feudal system, was charged with maintenance of the peace, and which had jurisdiction over petty offences, frequently, as at Bolton, assembled in church[325]. The Courts of the Lord Warden of the Cinque Ports also met in a consecrated building[326]. Sometimes the business to be transacted was of a trivial kind. At Alvingham, Lincolnshire, “the Commune of the servants of the Ladye Nicholas,” or their “baylifes,” are bidden to meet in the adjacent church of St Leonard, Cockerington, to appoint a day for mowing grass in their common pasture[327]. But whether the matters to be considered were light or weighty, the church seemed to be the natural building for such gatherings. Hence, when Mr A. C. Benson, in one of his delightful essays, speaks of the “great cruciform structures” of the Fens, “built with no idea of prudent proportion to the needs of the places they serve,” he does not take a comprehensive view of local requirements.
The course of events just sketched might have been anticipated. Meetings in the open-air having been discontinued, where were the folk to meet in council? There was a poverty of suitable buildings. Long ago Fergusson remarked on “the almost entire absence of municipal buildings during the whole of the Middle Ages[328].” The short list of notable examples which he was able to bring forward served to make the general absence more striking. A few guild halls and town halls make up the catalogue for the cities; the smaller towns have little to show of this kind. There is consequently a basis for the belief, expressed by some writers[329], that the use of churches as courts of justice was “universal in feudal England.” The assertion is doubtless too general, but, if for the word “universal,” we read “widespread,” it would be quite correct. The case of St Nicholas, Newcastle—a church to which allusion has already been made (p. 131 supra)—supplies a noteworthy example of this usage. For centuries the burgesses met in that church for public business. In the tower hung a bell, known as the “common bell,” which was tolled on these occasions. Three times a year it also summoned the freemen to their guild meetings, when a sermon was preached by the Lord Mayor. This bell had another name, “the thief and reever bell” (reever = freebooter, cattle-robber); tradition says that it announced the holding of fairs, and gave warning to drovers and dealers that no inconvenient questions would be asked concerning the beasts which they had for sale[330].
In view of the foregoing facts, surprise need not be provoked by the statement that consistorial courts were commonly held in places of worship. If it be urged that much of the business of these courts pertained strictly to religion, it may be answered that a still greater proportion was distinctly secular[331]. At Ripon, for example, where the collegiate church was the place of assembly, the ecclesiastical courts took cognizance of cases of perjury, theft, defamation of character, debt, affiliation, and so forth. A similar court sat in the “galilee” (porch, vestibule, or ante-chapel) of Durham cathedral[332]. The most famous of our consistories, the Court of Arches, derived its name from the characteristic architecture of the church of St Mary-le-Bow, London, where it was originally held[333]. The trials of Lollards and other heretics were usually held in cathedrals or important churches[334], but these instances must not detain us, since they belong chiefly to the religious field of action. Yet it is really a hard task to decide where the line of cleavage runs. The bishop in his cathedral, and the abbot in his abbey-town, were, as Mr J. C. Jeaffreson has observed, in many respects comparable to the lay baron or the wealthy manorial lord. Administering large estates, these dignitaries often had an army of tenants, from whom fealty was exacted. The business transactions connected with the property must have been somewhat numerous, and, from their very nature, they were constantly recurring.
It may call forth wonder nowadays to specify some of the curious possessions once held by the Church. The Gate House, the chief prison in Westminster, belonged to the Dean and Chapter, and the town gaol of Salisbury to the bishop of that city[335]. Of the stocks and whipping post we shall have to speak later. Enough has been said to prove that secular courts, as well as justices’ sessions, formerly met in churches. The practice, it may be added, continued, to some extent, long after the Reformation. The persistence of some of the legal vestiges is indeed really amazing. Not only, as Mr Addy informs us, was the ancient order of serjeants-at-law wont to meet in the nave of old St Paul’s, to meet clients in consultation, but each serjeant actually had a pillar allotted to him. This rendezvous was known as Paul’s Walk. Down to a late period, certain executors met annually in St Mary’s church at Bury St Edmunds, for the auditing of their accounts.
But custom was never uniform with respect to these assemblies within sacred buildings. Contemporaneously with the use, in some parishes, of the church fabric for meetings, we find other villages where the churchyard was the rallying-place. Several causes may have conduced to these results. The church may have been too small; there may have been a quarrel with some strict incumbent; more frequently, there was a dispute about the interpretation of a prohibitory canon. Indeed, records show that the practice was always being condemned, and always being continued. Thus, during the reign of Henry II., the old port-moot of the burgesses of Oxford met in St Martin’s churchyard[336]. Meetings in church were forbidden at the Synods of Exeter and Winchester (A.D. 1287)[337]. Yet, in A.D. 1472, the inhabitants of two Yorkshire parishes were reported to the Archbishop of York for holding councils in the churchyard. (“Dicunt quod omnes parochiani tenent plebisitum, et alias ordinaciones temporales, in ecclesia et cimiterio[338].”) Nevertheless, in the sixteenth century, we find that one of Laud’s unpopular acts was his attempt to stop the practice of holding lay tribunals in consecrated places. At Tewkesbury, in particular, the townsfolk deemed this a grievance. Armed with a licence from the bishop, and shielded by ancient custom, the justices of the peace had long held their sessions in the churchyard. For these acts, the primate called some of the justices into the High Commission Court.
When challenged, Laud was obliged to confess that temporal courts might be held on consecrated ground or within the church upon urgent occasion, yet there was no warrant for sessions which might involve a “trial for blood[339].” Sir G. L. Gomme, who has collected many instances of the custom which we are discussing, cites authority to show that, in recent times, the stewards and bailiffs of a leet would occasionally, in bad weather, disregard the canon and hold their courts in churches[340].
As the practice of holding manorial courts in the church fell into abeyance, or died out altogether, certain vestiges were left behind as tell-tales of the past. The principal survival of this kind was the announcement from the pulpit of forthcoming meetings of secular courts. In A.D. 1656, the notice convening the Court Baron of Hathersage, Derbyshire, was published in the village church[341]. But there are later instances of the transaction of business within the sacred walls. Several cases are given by Mr and Mrs Sidney Webb, whose untiring researches deal with the period which has elapsed since the Revolution (1689-1835)[342]. Thus, the villagers of Puxton, Somerset, down to the year 1816, were summoned to church by “sound of bell,” in the early morning, to perform business connected with Dolmoors Common. Of this land, we are told, 23 parts were assigned by drawing lots, the remaining, or twenty-fourth part, known as the “Outdrift” or “Outlet,” being let by auction, by “inch of candle.” The rent of this plot was employed to defray the incidental expenses of the twelvemonth. This ancient custom was terminated, in the year mentioned, by an award under the Enclosure Act which was passed in 1811[343]. Records of this character could doubtless be easily paralleled by those students who have access to parish documents. For, speaking generally, at the close of the seventeenth century, the inhabitants at large had, both by common law and immemorial local custom, the right to be summoned, by tolling of the bell, to transact specific business in the vestry of the church.
This claim held good not only for the Easter “vestry,” but for such other “town meetings” as might be judged necessary. Manifestly, these “open” vestries could not always be accommodated in the small side-rooms with which we are familiar—the nave must have been utilized. Within the sacred building, officers were elected, church rates made, and miscellaneous matters, such as those connected with commons, pasturage, and the parish pound, were settled[344]. The old name of these assemblies, by the way, seems to have been “town meeting,” yet the name “vestry” goes back to A.D. 1564, at least. The summoning bell bore the significant name of mote-bell, and it was rung for half an hour[345].