(1895). By 1 Eliz. c. 2, bishops could at
pleasure associate themselves to justices of _oyer and terminer_ or of
assize. Cf. Strype, _Whitgift_, 329.

[174] Presentments on this score are frequent. Take only a single
jurisdiction, that of the Dean of York's Peculiar, between the years
1592-1601, and a number will be found. See _Dean of York's Visit_.,
222 (5 persons); 226, 229, 315, 326, 329 (Remaining excommunicate for
a month); 334 (Over 40 days. Also a person presented for harboring an
excommunicate); 335 (Over a year); 341 (14 days).

[175] Cosen, _An Apologie_, etc., 64. As has been above stated, an
excommunicate could not attend service. P. 47 _supra_.

[176] According to 23 Eliz. c. i, sec. 4 and sec. 6.

[177] See _A.P.C_., xiii, 271-2 (1581). Cardwell, _Doc. Ann_., i, 406
(Whitgift alludes to the "waywardnes" of juries).

[178] Not suspension from office (as might be supposed) but from
service and sacraments.

[179] P. 19, note 33, _supra_.

[180] Hale, _Crim. Prec_., 150 ("_Contra_ ... Because he will not be
churchwarden accordinge to the archdeacon's judgment." Excommunicated.
1566). Ibid., 162 ("_Contra ... Detectum_ that he obstinately refuseth
to be churchwarden, notwithstanding he was chosen by the consent of
the parson and parishioners." Excommunicated. 1576). Cf. ibid., 183
(Presentment for refusing to be sideman), and ibid., 207 (Refusing
churchwardenship).

[181] In equity specific performance is nothing more than the giving
of an instrument transferring title after all has previously been done
on both sides, but this, to complete the transaction.

[182] Denunciation "in many poyntes resembleth a Presentment," Cosen,
_An Apologie_ (etc.), 70. See his book for the modes of proceeding.
Cf. also Hale, _Crim. Prec_., Introd., p. lviii. In commenting on
Archdeacon Hale's book, which we have so often here cited (_A Series
of Precedents in Criminal Causes from the Act Books of Ecclesiastical
Courts of London_, 1475-1640 [pub. in 1847]), Sir J.F. Stephen in his
_History of Crim. Law in England_, ii, 413, makes these observations:
"It is difficult even to imagine a state of society in which, on the
bare suggestion of some miserable domestic spy, any man or woman
whatever might be convened before an archdeacon or his surrogate and
put upon his or her oath as to all the most private affairs of life;
as to relations between husband and wife; as to relations between
either and any woman or man with whom