Note 45 — Chapter III · MARRIAGE.

There have been certain churches and chapels[45] exempted from the visitation of the ordinary—and the ministers of such, usually married without licence or banns—and these were called 'lawless churches.' In Anne's reign there was one famous one, St. James', Duke's Place, by Aldgate. Another was Holy Trinity, Minories, which exercised the same privilege. The Savoy had not yet been much heard of, and they did a good business. In the former case, privilege was claimed, because the Mayor, Commonalty, and Citizens of London were lords of the manor and patrons of the church, and therefore set up an exemption from the jurisdiction (in matters ecclesiastical) of the Bishop of London. In the latter, it was pleaded that the living was held direct from the Crown, in whose gift it was, and that the minister held the same by an instrument of dotation, under the Great Seal of England, and that it was neither a rectory nor vicarage institutive. However, the arm of the ecclesiastical law did once reach Adam Elliott, rector of St. James', and on Feb. 17, 1686, he was suspended for three years, ab officio et beneficio, for having married, or having suffered persons to be married, at the said church, without banns or licence. He was, however, reinstituted on May 28, 1687, after having petitioned the Ecclesiastical Commissioners; but he began his old trade very shortly afterwards, in fact the next day, as appears in the marriage register of the church—'There were no marriages from the tenth of March till ye 29 day of May' 1687.