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Ware, Sedley Lynch

"The Elizabethan Parish in its Ecclesiastical and Financial Aspects"

"My _corum nomine_ beares such swaye," he boasts,
"They'le sell their clothes my fees to pay." But, remarks the devil
after listening to all this, surely the innocent pay no court fees,
"But answere and discharged bee." "My _corum nomine_ sayth not so,"
rejoins the apparitor, "For all pay fees before they goe.--The
lawier's fees must needs be payd,--And every clarke in his degree--Or
els the lawe cannot be stayd--But excommunicate must they bee." The
devil, amazed and disgusted at laws which "excell the paines of hell,"
turns to go, whereupon the apparitor seeks to arrest and fine him for
traveling on the Sabbath. Exclaiming "Thou art no constable!" the
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.


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