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did not always mean at common law. An order of the vestry of Stepney, London, in February, 1605-6, after determining the manner in which £50 should be raised to pay off parish debts due to the bell founder, adds that persons refusing to pay their shares, or neglecting to do so, should not find themselves aggrieved
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And the meaning of this term is fully explained by these subsequent words in the same order, that the churchwardens shall
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[130] The wardens of Melton Mowbray record under the year 1602 an item for charges at the court at Leicester against a parishioner
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[131] Those of Ashburton, Devon, itemize in 1568-1569 two shillings
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[132] As the wardens of East Tilbury were going about among the parishioners demanding money of each one according to the rating inscribed on an assessment roll which they carried with them, one Garrett, a constable, discontented that he himself should be rated as high as four shillings, seized the roll and refused to produce it. This, of course, put an end to further collections. For this he was presented by the vicar before the consistory court at Stratford Bow Chapel. Here he alleged that the rating
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But the judge warned Garrett to appear in court the following Tuesday to answer for his contempt. Further he was to pay his four shillings to the wardens and bring to the judge the wardens' certificate that he had done so. On the day appointed Garrett was present in court with the vicar and wardens. The decree of the court is headed:
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and is so characteristic of the thoroughgoing and searching manner in which ordinaries supervised the administration of parish affairs that we cannot forbear to quote a large part of it in full.
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Touchinge the same Wm Garrett, the registrar inscribes in the act-book,
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the scribe continues,
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[133] So, too, when Richard Fynsett of Clayton, Sussex, was
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to the official for not paying his rate for church repairs, November, 1595, he appeared and claimed that not only was his rating excessive, but that the assessment had not been according to custom, to wit, made by the majority of the parishioners. He was summoned by the judge to prove his allegation at the next court day, and to pay his court and other fees. He was probably unable to prove his point, for under the 9th December following the record simply states
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because they wished divers persons who refused to pay their rates
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otherwise the unpaid workmen on their ruinous church would leave, and the half-finished structure sustain damage by winter weather.[137] The act-books teem with such presentments as the following: one Holaway refuses to give to the poor-box,
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[138] Thomas Arter will give but a half-penny to the poor. Arter appears and
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The judge commands him to pay a half-penny every week, and dismisses him.[139]
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John Wilson haithe not paide his clerke wages by the report of the clerke. [140]
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Here follow the names of such, as being able, refuse notwithstanding to pay to the poor man's box [eight names follow] ;[141] or
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The presentment made by the churchwardens and sidemen...of all such as are behind for a cess made for the Church and refuse to pay [five names]. [142] John Baldwin presented for that
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that he keeps back £10, a legacy given seven years previously for church repairs and the poor-box,
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[143] One Consant received a cow belonging to the parish
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[144] Jeremy Robson is cited
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[145] Two lessees of the parish are presented
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[146] John Smithe presented for felling and selling a great oak which stood upon church land,