the name of either might be
associated by scandal; as to contracts to marry, as to idle words, as
to personal habits, and, in fact, as to anything whatever which
happened to strike the ecclesiastical lawyer as immoral or
irreligious."
[183] The case of John Johnson in the official's court in Durham city
forms an excellent commentary on the whole system. He was presented as
suspected of incontinency. After repeated citations and a threat of
excommunication, he appeared, denying the charge and alleging that a
churchwarden with others had falsely concocted it. At the petition of
an apparitor, who acted as public prosecutor, seven of Johnson's
fellow-parishioners were cited to swear not to the _fact_ of his
guilt, but to the general _belief_ in it. Articles were then drawn up
upon which depositions were taken and published. The case was
adjourned repeatedly so that the many formalities of procedure might
drag out their weary length. The oath _ex officio_ was forced on
Johnson, but he denied all guilt. Finally, he was enjoined to procure
three compurgators. These swore that they believed _"in animis suis"_
that Johnson had sworn to the truth. Though pronounced innocent,
Johnson was condemned to pay the costs of all the formalities that the
apparitor had set in motion against him, and a last time was dragged
into court in order to be admonished under pain of excommunication to
pay these fees, amounting to L1. 3s. 4d., within a month! The case had
extended from 11th June, 1600, to 22nd May, 1601. _Surtees Soc_.,
lxxxiv (1888), 359-362. Cf. also the following: "payed for annswerynge
dyuerse faulse vntrothes suggested by [five names] to the sayd
Commyssyoneres vj s. viij d." Minchinhampton, Gloucester, Acc'ts,
_s.a._ 1576 (archbishop's visitation), _Archaeologia_, xxxv. "pd. for
our charges to lycoln when we were p[re]sented by the apparytor
unjustly for that our church should by [be] mysvsed vs. vjd."
Leverton, Lincoln, Acc'ts, _s.a._ 1579, _Archaeologia_, xli, 365.
Under 1595 the Leverton wardens have the entries: "pd. to the
apparitor for fallts in the churche ijs. viijd.," and: "for playing in
the churche iijs. viijd." The last is explained by a third entry: "to
the apparator for suffering a plaie in the church." (_Op. cit_., 367.)
This looks like bribery, or blackmail, or both. For examples of
bribery see Wing Acc'ts, _s.a._ 1561, _Archaeologia_, xxxvi ("to ye
S[um]m[o]ner to kepe us ffrom Lincoln for slacknes of o[u]r a
|