or sidemen (or to the ordinary himself) by any one[182]
might start a proceeding against the person denounced
and force him upon oath to disclose the most private,
the most confidential, matters. Again, proctors,
apparitors, registrars, and other scribes whose fees
depended on citations and the drawing up of court proceedings,
documents, or certificates, had every interest in haling
persons before the official, because court fees had
to be paid whether a man were found innocent or guilty.[183]
Hence the system tended to create spies, of whom the
chief were the apparitors, or summoners, and their
underlings. There is a very interesting contemporary
ballad entitled "A new Ballad of the Parrator and
the Divell,” attributed by its modern editor
to not later than 1616, which throws much light on
the proceedings of certain unscrupulous apparitors,
and reflects also the strong dislike entertained for
the whole tribe of apparitors by people of the time.[184]
The devil going a hunting one Sunday and beating the
bushes, up starts a proud apparitor. During several
stanzas the apparitor narrates to the devil, as one
consummately wicked man to another, all the tricks
of his trade to drum up cases for himself and his
court. He spies on lovers as they pass unsuspecting;
he haunts the ale-houses and overhears men’s
tales over their cups; if business be dull he even
devises scandal among neighbors, and sets them at enmity.
Thus he concocts his accusations of immorality, or
drunkenness, or profanity, or uncharity towards neighbors,
and writes them busily down in his quorum nomina,
or formulas of citations to appear before the official’s
court. “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.