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Church Courts
Religious and moral matters, such as non-attendance at church services, non-payment of church dues, cursing, and sexual misconduct, were usually dealt with by church courts, such as the Consistory Court, where a common form of punishment was excommunication. Church Courts "were not entitled to harm the body of any individual or to fine them, although the bills for legal services may have been punishment enough for some." The most common deterrent was public shaming.
A case from Madley, which happened as late as 1821, involves an act of public penance, which would have been common in the 15th and 16th centuries. A woman named N.Gardiner who had been accused of slander, had to wear a white sheet and walk up and down the aisles of the church and take back all she had said in a loud voice.
The following excerpt from the Consistory Court Acts Books, now kept in the Cathedral Library, describes a case of cursing, for which the culprit was excommunicated:
"Yarpel Johannes Peacombe alias Smyth for cursing Walter of the same, viz: kneeling one his knees in the Churcheyard there, and praicing unto God that a heavie vengeance, and a heavie plague might light on him and all his cattle."
Many cases throughout the county are recorded involving play acting and dancing, two activities which were forbidden on a Sunday during the time of church services. On June 30th 1617, for example, a Thomas Waucklen, painter, was detected by the churchwardens of Kingsland acting in a play with others "upon the sabbath day at time of evening prayer", an offence for which he was excommunicated.
The charges against Edward Hall, innkeeper in Ledbury, demonstrate the popularity of Morris dancing in this county:
"He, being an actor and morris dancer, and having gone out of the parish to other places with gun and drum both in night to the disturbance of the king's subjects and the profanation of the sabbath day in the morning."
It seems that Morris dancing was popular in Wellington as well:
A William Edwardes was excommunicated "for dancing the morris at Wellington on a sabbath day before evening prayer."
A useful source for records related to music, drama and dance is: Records of Early English Drama Herefordshire and Worcestershire, ed. David N. Klausner, University of Toronto Press, 1990. There is a copy of this work in the Cathedral Library
Sometimes, however, cases of a religious nature came before a secular court as sometimes religious comments could be interpreted as being treasonous to the monarch. Religion was a very important part of life and many people died trying to worship in the way of their choice.
In Great Britain we take our freedom of speech and freedom of religion for granted. Most of us would consider the following case to be a breach of good manners rather than a criminal matter. In 1670 a Roger Boulcott brought information concerning a Thomas Elton, "who, in conversation about the liturgy of the Church of England, said he would come to hear sermons, but would as soon hear a fart as the Book of Common Prayer,…" People must have been aware that others were executed for their religious beliefs. It is therefore surprising that some volunteered opinions when it would have been much safer to remain quiet.