Once within the churchyard, the different streams of the townships mingled as fellow parishioners. The sexes however, divided, the women seeking entrance (presumably) by the great south porch, and the men (after business done) herding in by the west door, known as theirs. Yet once inside, they again fell rigorously into ranks of townships, as we shall see.
The gathering of the dalesfolk for worship must have been a striking sight, especially on the great feast days when – four times in the year – the sacraments were administered. Certainly attendance at church was obligatory upon every Sabbath Day, and fines were levied for default. But from the early seventeenth century, if not before, the dependent chapels in Langdale (at Chapel Stile) and Ambleside would absorb many of the more distant worshippers. For the four great celebrations, however, the whole of the adult population of the valleys, except the sick and infirm, would attend the parish church.39 It is of course impossible to compute the number of the people, especially in early times; but if we accept the statement made in the Presentment of 1712, that there were then about 200 families in the parish, it may be reckoned that at that time and for at least a century previously, no fewer than from 500 to 700 communicants would gather for the rite. Besides the master and mistress of the homestead, there were grown-up sons and daughters, with farm servants.40 The garth would be crowded with the concourse of folk; and when they trooped into the fane, each township to its own quarter of the building, where men and women again divided to take their accustomed places upon their separate forms, and the dogs sneaked in, hoping to escape the dogwhipper's eye as they settled under their masters' legs, the whole space must have been packed.
The old, narrow close-set forms seated far more people than the modern benches, but even they could not have accommodated the crowds that attended certain funerals. (See Charities.) At Mrs. Fleming's funeral, for instance, few short of 2000 persons must have been present, including dole-getters, neighbours and relatives.
SOME LEGAL ASPECTS OF THE CHURCH
Thus for worship did the folk gather in the church. They came thither also to bury their dead within consecrated soil – for baptism of their "barnes" by the priest, and the binding of man and woman in holy matrimony. But the edifice and the enclosed space about it served in early times not only for purposes of religion, but of the law. Like the Roman Forum, it was used for the transaction of public business and the administration of justice. Bargains were ratified, covenants were witnessed, and protestations made solemn by an oath taken upon the Holy Gospel where it lay upon the altar – once a wonderful script illuminated and jewelled, that is now represented by the dirty little Testament of the Law Courts. Manor Courts and legal enquiries or inquests were frequently held within it. Public notices that concerned the townships – private ones even of auctions and the like – were proclaimed before the assembled people in the garth or the porch, if not in the building itself. Punishments for moral offences were carried out in face of the congregation.41
The priests and the clergy acted as legal agents for the unlettered folk till comparatively recent times. They were versed in the intricacies of law, as well as ritual, and skilled in penmanship and the Latin tongue. The higher of them are found acting as agents and accountants for the holders of the fees into which the barony became split, as documents which concern our parish show.
Frequently the chaplain or the village priest drew up indentures, petitions, and secular agreements for the living, as well as the testaments of the dying. Wills were proved at the church registry of the diocese, and were stored there. The wills of the parish of Grasmere went to the town of Richmond, the centre of the archdeaconry; and not until 1719 were they proved at the secular courts of Kendal and Lancaster.42
Instances of the use of the church fabric for secular purposes in the neighbourhood may be quoted. A Court Roll of 1443 is headed "Court of Wynandremere held at the church of Wynandremere 9 July 21 Henry VI."43 An award concerning a private dispute in 1534 between George Browne of Troutbeck and Myles Dickson of Applethwaite decrees that the former pay to the latter "upon the secunde sonday in lente next comynge O-XLs of able ynglyshe money upon or. layde Alter in Wyndandermer church betwixe VIII of the clock and XII of the said sonday."44 Again, an indenture made 1571 between Mr. John Benson and his Baisbrowne tenants stipulates that the payment of certain moneys should be made "in langdaill chappell betweene thoures of eyght of the clock at aftr. noine" on the 1st of August in the two ensuing years.45 In 1601, when Widow Agnes Fleming of Rydal Hall with her sons sued a Penrith man for debt, the commissioners sat and examined witnesses in Ambleside Chapel.46 And within this building were probably taken down depositions in several other cases.
As regards Grasmere itself record is scant. The manorial courts were occasionally held in the Moot Hall of Kirkby Kendal, as in 1603,47 but in early times it would be impossible to summon the holders from so far; and it is stated in 1436 that two courts were yearly held in Grasmere.48 No other building than the church could have contained this official gathering. The judgment on the 1583 tithe dispute enjoined that the parishioners were to pay their tithe of lambs in money every Easter "in the parish church of Gresmier." The church or chapel was as a rule the schoolroom where the priest taught.
The churchyard, even more than the church itself, had its secular and popular uses, which came down from ancient time. The fairs, the markets, the sports and the wrestlings49 which took place within its enclosing walls, and of which we obtain faint intimations, were but the survival of the festivals sanctioned by the early church, when the wake, or fair of the patron saint was kept. This again, with its bull-baiting, its rude sports and its temporary stalls, may be linked on to the earlier rites of heathen times, when beasts were brought to the Temple for sacrifice, and when the people built booths about it, in which to hold a three days' feast. The annual or biennial fair, and even the Sunday market, were quite usual in the churchyard, before the boroughs obtained a special privilege for them. And though an express statute in 1285 forbade the practice, neither this nor the later injunction of the Church were heeded. In 1300 the town of Cockermouth complained that its market was spoilt by the bartering carried on at Crosthwaite Church, where not only flesh and fish were sold at festivals (and this distinctly smacks of an ancient sacrificial practice); but that corn, linen, cloth and other commodities were conveyed thither every Sunday for barter. In 1380 the town of Appleby was suffering from a like cause. Merchants were carrying their goods to sell in the churchyards of the surrounding district on Sundays, to the detriment of the accredited market.50 If this was done in other places of the district, it was certainly