In causes of instance between party & party.

INprimis, wheras there is due for the original citation & sealing of it, twelve pence only, they take that 12. d. & 12. d. more: which they pretend to be for the serving of it, which 12. d. is not due.

For decreeing a citation in a matrimoniall cause, there is two shillings due. But taken three, or indeed what they can wring out, sometymes it cost 5. sometymes 7. shillings.

For a decree, ther is due one shillinge sixe pence. But taken by them, 2. s. 6. d. when the leaste is taken, except it be of some rare man, whose experience taught him to give lesse.

For excommunications & suspensions 18. d, taken by them 4. s.

For absolutions due 1 s. 10. taken by them, ordinarily 3. s. 6. d.

For theire letters testimoniall, there is 13. s. 4. d. due, taken of them besydes 12. d. the Clarke, besydes that which is taken by other of theire Officers, as also dyvers incroachments, to get monyes in these causes, as experience proves it.

For the oath of every witnes 2. d. taken 4.

For examination of the first witnes, one shilling sixe pence, & the second 9. but taken of all, one & other 2. s. 6. d. a peece, excep­ting some bould spirited men, that have courage to detect them in their proceedings.

[Page] For the examinations of witnesses on interrogatories 1. s. 6. d. taken by them 2. s. 6. d. commonly.

For examination of the party principall 1. s. 6. d. due, taken of them 2. s. 6. d. commonly.

For the oath of the party principal 2. d. taken 4. d.

For the copy of every witnesse his examination 5. d. due, taken by them 12. d. commonly.

For the copy of the partyes principalls answer 12. d. due, taken 1. s. 6. d. commonly.

I passe over the commissions to pryse goods, & theire constitu­ting of proctors, as having nothing to paye, but this, that wheras the proctors should take but only 12. d. a daye, for their fees, in one & the same case: they doe constantly take 3. s. 4. d. a daye, & will have no lesse, allthough the lawe alowes them no more, as they wel know, and have confessed to me: but they plead, they can not live of it, for they say that lawe was made in the old tyme, when housekeeeping was better cheape, which is the only argu­ment they have to justify their extortion.

For exhibition of a proxie in writing 2. d. due, taken 4. d. com­monly.

For the acts of court 4 d. a daye due, but they commonly take for acts, when none are done, but doe delaye mens causes, & speed them not: till at length, both plaintif, & the defendant, are both wearyed out, their monyes spended, them selves made fooles to their owne faces, & their suits as farre from end, as when they be­gan, and so they again came home by weeping crosse. As daylie ex­perience have shewed to be true.

What they usually take for breaking open the Kings writs, for Sen­tences, for significavit to Chauncery, I have had litle experience: yet as he, who seeing but the foot of a man, guesseth at his whole body, so we seeing the whole body of this court, may, in some sorte guesse at the members of it.

For every order of pennance 12. d. due, & 12. d. to the Appa­ritor, to see it executed, & here they doe take 2. s. for the order of the party that takes it out, & 12. d. for the Apparitor, & yet make the party on whom it is executed, paye that 12. d. againe too some tymes, as is to be proved.

For their transmittinge of proces, & the Iudges seale, & their letters of gardionship, I have litle to say but this, wher so many [Page] small things are sould at so high a rate: matters of such consequence can not be cheape.

In causes of office.

FOr every originall citation, & the appearance of every party 1. s. 4. d. due, taken 8. groates commonly.

For every decree 1. s. 10. d. due, taken 2. s. 6. d.

For an excommunication under seale, 1. s. 10. d. due, taken 4. s.

For an absolution, due 1. s. 6. d. taken 2. s. 6. d. commonly.

For their letters testimoniall, I saye no more, but let him that hath them looke to his purse.

For excommunications, copyes of answer & oathes, before in causes of instance between party & party.

For the drawing of proxe and visitations and exhibition and sus­pension, I have litle to saye, but when the putlouck is hungry, let the hen looke to her chickins.

For registring the names of their Officers in every parish 4. d. & 4. for warning of them: but what is taken, the country is witnes of it selfe.

For their commutations of penance & the charges of it, it is in­credibile almost to conceave the deepnes of Satan, by the which he worketh in these sonnes of Belyall sometynes for monyes, passing over incest, condemnable among heathens, & intollerable adulte­ryes: taking sometymes 20. or 30. yea sometymes 40. pounds, for such a busines doeing, which monyes, goeth all, or the greater part into their owne pursses: wherby they become greate, wax rich, & are like princes in the common wealth. Here also they have such strange devices to get monyes, & to satisfy their owne ends, and others corrupt humours, in changing the pennance from this, to that, from this tyme, to that, & from this place, to an other, and all to gett mony & to boulster men in sinne, as indeed a modest man would blush to think of, for it is no more with them, but sin and paye & pay and sinne.

For the bond they ought to take but 12. d. they take 2. s. com­monly, till of late.

For every act of court 4. d. but see before.

For every lycence to teach 10. s. but let yonge Schollers make much of their monies.

[Page] For putting in of bills by churchwardens 4. d. due, but taken 7. d and here note the whole charges for the whole yeare, to every parish, coms but to 1. s. or two at the most, but what is payed, all men know, that come among them. That parish speeds well that coms off with 10. s. charges, & somtymes more, as experience proves it.

For their purgations, & their practises herein, this is to be mar­ked among them, that no act so playne & cleere, if but denyed by the party, they will give him his purgation for it for his monyes, wherby it coms to passe, that allthough the fact be as cleare as the sunne, it shall escape the censure of the lawe, as appears most playn­ly, some having beene purged, which afterward have beene con­demned by the Civil Magistrat to corporall punishmente for the same fact, as is clearely manyfest, and here what sumes of mony are taken for purgations and swearing of compurgators & for intima­tions sending out, is in deed incredible, as experience proves it: some mens estate being almost consumed by their delayes in this kinde, yea let any man that hath but the face of honesty in him, come among them, allthough the accusation be never so false, yet hardly gets end in 12. monthes with much charge, & more disgrace then those shall have, that are most clearely guilty many tymes.

For a dismission of a cause out of court 1. s. 4. d. due, & for a search made by the Register, after a cause is ended 12. d. but they take for that, for the most part 1, s. 6. d.

For the sequ [...]stration of the first fruits of benefices, & publica­tion of it under seale 11. s. due, but what is taken, I leave to the Clergy to skan, who best know, because they have payde it.

For their letters of commendations for a Curate that goes out of the jurisdiction 6. s. 8. d. but what is taken, they knowe that make accounte of them.

For every caveat entred 12. d. but what is taken, try & then trust.

For processe transmitted & the Iudges seale therto, I have no more to say but this, things far fetched, are deerely bought.

For the drawing of articles against any man, consented of afore after lawfull proofe made of the truth of them 3. s. 4. d. but they take a noble besydes, many tymes with out drawing.

For every act upon reducing & with drawing of a caveat out of the Registery 12. d. but somtymes, taken 2. s. somtymes more, yea what they can get of ignorant people.

In causes of office.

HEere Christian Reader, I wold have thee to mynd that all theire extortions, formerly mentioned, are as nothing, in compari­son, of these that followe, for here they will pretend lawe, where none is: & make them that be, to stand asyde, to serve their turns, and bring in such strange devices to intrap men, and spin out such long threeds with widdowes & fatherles, who for the most part are weake, & unskillfull, & therfore a fit prey for these kytes to sease upon, as is allmost incredible, having such shewes of friendship & such turning devices, to bring things about, that a modest man, may blush at, to see their impiety, which shalbe manifest in theire due place, as followeth.

For every dispensation, for exhibiting an inventory into court 13. s. 4. d. but taken 20. s. yea somtymes summes of mony are given in this case, with many other extortions raysed therupon, if the cause be of any consequence to the party.

For an administration of the goods of the deceased, where it ex­ceeds not 5. pounds, there is 10. d. due, but commonly taken 5. s. somtymes 7. & 10. often, besydes the cunning put-offs, by which the cause shalbe prolonged onely to weary out the party.

For an administration of the goods of a deceased, amounting above 5. pounds and under 40. pounds, there is due 5. s. but taken commonly a marke, & 20. s. taken besydes, if but referred to pay the cause prolonged, yea it may be one thing or other, shalbe checked at, wherby the partye shalbe excommunicated, & so not make an end of his accounts, & all for lesse then 3. or 4. pounds, more or lesse, as they can wring & wrest from the party.

For an administration, where the goods doe exceed 40. pounds, there is due, by their lawe, a marke, for all charges, but taken for their account & all, somtymes 3. or 4. or somtymes 5. pounds, & never coms of, without some rare tyme, for less then 40. shillings & here they will not stick to say, they may take what they can g [...]t, because say they, the common lawe hath not set downe, how much they shall take for an administration, but have left it free, to take what they can get.

For the Probate of a will, where the goods doe not exceede 5. pounds, ther is due 10. d. only, but taken seldom less for the Pro­bate, then 3. or 4. s. as is cleerly to be proved, besydes, they will [Page] have the ingrossing of it, although it be ingrossed before, & will take for it what they list.

For a will, where the goods doe excede 5. pounds, & under 40. pounds, there is 3. s. 6. d. due, but taken 10. s. yea so mtymes 20. s. as is to be made good upon them.

For a probat of a will, where the goods doe exceede 40. li. due 5. s. but taken 5. pounds, 6. pounds, so mtymes 7. pounds, yea som­tyme, 10. & 12. pounds charges they will rayse upon such a cause, by devysing such tricks, & devices, & putting them on the execu­tor to such wills, that if he looke not well to it, one Childs parte must goe to the court.

For the ingrossing of every will according to the length therof not exceeding 8. s. for every long skinne of parchment, and here note, that it must be done by the Register, or els there is nothing due, note also the party free, & at his choyce, whether he will not ingrosse it himselfe, or set any other to doe it, at his advantage, either for brevitie or profit, & that the Register ought not to refuse to prove any will, of what consequence soever, all though it be in­grossed by some other, only he may examin the ingrossment, & if he find it not true, he may reject it till it be perfected, but to refuse it, being truly done, he cannot, if he thincks 2. s. 6. d. be to litle to pay the writing of the probat, then the lawe alowes him to tell by the lyne, & to take for every 10. lynes of 10. ynches longe a penny. all wayes by the statute, for the probat of wills & Testaments: ther­fore for the Register to refuse to prove any will when the ingross­ments are truly made by som other, or otherwise to detaine & keepe the executor from such wills, so ingrossed, is a most sinfull oppression, & punishable by the lawes of England.

For ingrossing every account, & the inventorie therto 2. s. for every patch of parchment, and here note (as before) the Admini­strator may doe it himselfe, or imploye some other for his owne advantage: & that it is no lesse then extortion, for a Iudge, or Regi­ster, to refuse either the inventorie, or accounts so made, if it be truly done,

For exhibiting of every inventorie, & for subscribing the same 12. due, & so taken, but here lyes the extortion, in this particular, they will force men to paye for their accounts too, & that at such rates, as doe exceede, some tymes 20. s. somtymes 40. s. sometims 3. or 4. pounds, as is to be proved, yea somtymes they will urge to [Page] receive accounts for monyes, before the administrator is capable to passe his account: note also, that if any refuse to paye for their ac­count, & that for this reason, because they see no lawe commaun­ding them, how, or what to paye, their Apparitor shall never leave haunting of them, nor their selfes excommunicating them, till they have compelled them to paye these monyes.

For the copy of every act extracted out of the registry, under the registers hand, there is due 12. d. taken 2. s. or somtymes 2. s. 6. d. as they can get.

Item for every copy of every libell, inventorie, will, allegation or articles according to the length therof, not exceeding the statute, which alowes them for every 10. lines of 10. ynches long, one pen­ny, which must be under the registers hand.

For letters of requests made to another ordinary, to cyte one, dwelling in some other dyoses 3. s. 4. d. what is taken, they know best that have occasion to use them.

For the renunciation of an administration, or an executorship for a will 12. d.

For the decree of the Iudge, in distributing of goods, amoung the next of kin, & for registring of the same 13. s. 4. d. but what besides have beene given, & taken are easy to prove, wherby some had their portions inlarged some diminished at the Iudges pleasure, or the pleasure of the register.

For the fee of a proctor in any cause 12. d. but constantly taken 3. s. 4. as all by experience knowe to be true.

Thus have I run over all these particulars one by one, to this end that the Reader might be informed of their unjust proceedings in every particular, wherin I have onely shewed thee what is taken by waye of inhaunsed fees. But now give me leave, in a word, to give thee a taste of their innovated fees, that is of fees taken for which there is no lawe, nor colour of lawe, as also to discover to thee some other of their practises, to increase their fees, which shalbe done very breifly.

And first take notice, they have changed the oath of their church-wardens into that it is now become of the nature of an inqui­sition oath, wherby they rack the consciences of men, & by it doo drawe out of them, such presentations to their courts, as other­wise they should not meete withall, and this is done by them since the yeare 1624. what it then was, & now is, may at large appeere [Page] by comparing them together, by the new oath they compell men to sweare, to present, all whom they suspect, for want of conformity to any of the articles given them in charge: what the effect of this oath is to them, is playne in these particulars.

First hereby they meete with some tender conscience, which dare not medle with this oath, & then they must buye it of, for their monyes: & hereby greate & large fees comes to them, 2. ly. they meete with some also, that will not come to this, but will reason out the matter with them, these they excommunicate, (even to death as it were) if they stand it out with them, then a sig­nificavit, or els, into the high commission with them, and if there once, what the consequences wilbe, I spare to write, & if they take the oath, & that the yeare comes about, & they present no body, then they put him to his oath, upon his former oath, and wil make him to sweare whether all his parish, both minister & people doe duly observe all the articles given them in charge, & thus the con­sciences of men, are taintered out upon this rack, therby to con­fesse, who & what they be, & in what parte they have offended against the premises, wherby their courts come to be filled with complaints against men, for toyes & tryfles. 3ly. If any sonne of Belyall through malice, envy, or what grounde soever, will sue any so sworne according to the tenour of his oath, for perjury in not presenting either minister or people in neglect of any of these devy­sed articles given him in charge, he shall proceede against him, as against a perjured person, & shall have all favour & respect among them, with all the ayde they can affoarde them, even to the utter un­doeing of the partye so sued, as myne owne experience hath pro­ved. Fourthly: to the intent this oath might be made the more offi­cious to them, & offencive to others, they have added divers new articles of late yeares, & by vertue of this oath, doe binde all their church Officers to see them executed, & to present the neglect there­of, in which how contrary to the lawes of England, they doe proceede, I leave to be skanned by them who are judiciously wyse.

And now for their fees, take notice, that as the lawe alowes them not to take any thing for this booke, nor once so much as names what should be given for it, they take 12. d. & sometymes 1. s. 4. d.

Secondly: wheras but one booke ought to be given out for one yeare yet they compell men to take two, at their price.

Thirdly: they compell their officers to paye for their oathes, where nothing is due.

[Page] Fourthly: they will let no bills passe the court, but such as are of their owne making, for which they take 6. d.

Fiftly: these bills will not passe unles one or other be presented.

Sixtly: what silencing, & deposing, excommunicating, & im­prisoning of Gods people for not conforming to this booke of articles, and how greatly they increase their fees therby, and what summe, & summes of monyes are daylie brought into their treasu­ries therby, is easy for all to understand.

Seaventhly: to the end that they may freely preye upon the bodyes & goods of men, & houlde men in bondage to them selves, they have taken out all these articles out of the booke which con­cern their owne behaviour, & might any waye tend to the benefit of the subject, as may appeare at large, by comparing their bookes now, with their bookes for the yeare 1624.

Eightly: wheras they should maintaine a table of the rates of all fees in every office of the court, that all whom it concerns might come to take a copy of it, they have of purpose taken it away, and doe persecute them to death (as it were) that doe call for it. see Cannon 136.

Ninthly: what fees are dayly given, & taken for graunting of administrations to this man: and not an other, yea somtymes to the unlawfull party, is not all together unknowen, which practise pro­duceth this two foulde effect: it somtymes deposeth the lawfull heyre of his inheritance, or secondly causeth unnecessary & endles suits in their owne courtes, even to the undoeing of many a mans estate, thus as a cage is full of birds, so are their howses full of de­ceyte.

Tenthly: what other devices to get monyes, they have, may appeere in their delaying & protractinge causes, continuances of suits upon suits, demurrings, some of their proctors offering, that for so much by the yeare, as he shall agree for, with the partye whose cause is bad, he will hould the opposite party from tryall 7. yeares, do what he can, and at last, force him to agree for halfe his right.

Eleventhly: To the end that strength may be in the hand of the oppressor, end none to deliver the oppressed, nor no place left for the innocent to escape, they have made them selves masters of the hygh commission house, that if any doe but mute against theire pro­ceedings they get him thither, & then he is gone, either he must flie, [Page] or els spend his estate, conscience & all, or to their new erected pri­son, to Newgate, Colehowse, the Clincke, or the Counter must be his dwelling, one of these he cannot avoyd.

Good Reader, if I should relate all the cariages in their com­missions and purgations, changes of pennance & the like, I should both weary thee, & my selfe too, what devices & turnings of things about there is, I leave to thy owne experience to obserue, & what summes of monyes are taken for these things, were intollerable to relate, & also their devices to bring men on bare crymes without proofe, and what is daylie payd among them, in these causes, expe­rience shewes the truth of. For probats of wills, & administrations, I have shewed before. I will now procede to shew their sinfull abuse of that sentence of excommunicatiō among them, which yet is the only weapon they fight withall, by which not a litle profit & gayne, doth day lie acrew to them & their depending officers, and by which they hould mens soules in tyrannicall bondage, & by which they hooke not a litle profit to thē selves, making it the very snare & ginne to catch men, as experience proves, every man being so daunted at it, as if inded what they so sinfully doe, were ratyfied in heaven, in which for thy better information, I will open these things.

• 1. I will shew what this censure is according to the ordinance of Christ, in the Gospel.
• 2. Who was the author of it.
• 3. To what ende it was ordayned in the church of Christ.
• 4. The greate benefit of it in the church.
• 5. By whom it is to be administered.
• 6. How it differs from this censure now in use among us.

For the first, we must know that this censure is a solemne & fearfull, & powerfull censure of the church, cutting-off lawfully, & according to Gods word, casting out of their publik socyety, & pre­sent followship, all such as publikly offend in some greivous cryme, or be obstinat cōtemners of the lawfull admonitions of the church for private faults, that by such shame they may be drivē to repentāce and others by their example be kept from the infection of sin, & is warranted by these script. Mat. 18. 15. 1. Cor. 5. 5. 6. 7. 2. Thes. 3. 14.

2. For the Authour, it was no other but the Lord Iesus Christ, whose lawes & ordināces are all unchangable by man, & to be kept pure & unrebukable, till the apearing of the Lord Iesus Christ, as appeares by that 1. Tim. 6. 14. compared with Mat. 18. 17. where [Page] an expresse commaund is given to tell the church.

3. The ende for which it was ordayned, was three fould: first, in respect of the party offending it is for the destructiō of the flesh, that the soule may be saved in the daye of the Lord 1. Cor. 5. 5. Secondly in regarde of others, that by their example, they may learne not to blaspheme. 1 Tim. 1. 20. Thirdly: in regard of the whole body of the church, that they may be purged from the old leaven of sinne, as ap­pears 1. Cor. 5. 8. and these are the ends, & no private respect.

4. The benefite of these ordināces in the church, appeares by this.

1. By these ordinances, the superfluous members of the church, are kept from hurting and annoying the rest of the body, for it is Gods pruning knife, wherby he cutts off every branch in his vyne, that bringeth not forth good fruite, that so those which doe bring forth some fruit may be purged, to the end they may bring forth more fruit Iohn. 15. Secondly: hereby are kept out all those that are openly discovered to be profane and wicked, from pollu­ting the ordinances of God: by it the wicked, & sinne it selfe, is greatly stopped in their course, yea this is yet more, the church is terrible to the wicked, as an armye with banners, for this ordinance of God, being in the right use of it, is as terrible as death it selfe.

Thirdly, hereby is it, Gods Church is fenced (as with a wall) that the wild boore out of the forrest, & the foxes that destroy the vines, cannot enter, or if they doe through their craft, yet by this ordinance of God, the church can be purged of them. Thus Paule purged the church of Hymeneus & Alexander 1. Tim. 1. 20.

Fourthly, The setting up of this ordinaunce in all the parts of it, wold indeed make the church beautifull, & the glory of this secōd temple, to exceede the first: whose hart can choose then to be affected with the want of so usefull an ordinance as this is. And who can see any man running to his owne howse, letting the Lords housely waste & not mourne for it? alas the profane, doe not now as in old, com onely to the outer courte, but into the holyest of all, & pollute all the holy things of God therin: but oh the cvill tyme in which we are fallen, in which peace & plenty brings security, every man running to his owne howse, & thinking that must be builded with hewen stones & timber, hewen by the skill of the builder, but Gods howse may be builded with stones, as they come out of the rock, or trees as they growe in the forest, without any diffe­rence a respect at all.

[Page] Fiftly, the persons in whom it rests are the body of the church being met together in one place, the grave elder being as the mouth of the rest, in pronounceing of the sentence.

Sixtly, the difference between this ordinance of Christ, and that in use among them apeares in these things. 1. In regard of the Authour, the one being of Christ, the other of Antichrist: it being the same for nature & administration now, that it was when he ru­led among us, & the same now in use in his owne kingdome, ther­fore not to be respected nor submitted unto by the subjects of the kingdome of Christ, seeing every subject ought to be governed by the scepter of his owne kinge, & that because he is his kinge.

2. They differ in nature, the owne is divine, & heavenly: the other is sinfull and wicked, the one is ahe truth of God: the other a lye in the right hands of them that put them forth.

3. They differ in the ende of them, one is onely for the gaininge of sinners, & to purge the church of them: the other to gaine mo­nyes, & to Lord over the bodyes, goods, soules & consciences of men.

4. They differ in the maner of administration, the one vsed as the last meanes for the gaining of a sinner, when nothing els will, & therfore never used, but for sins duly convicted & obstinatly stood in: the other used sinfully for toyes to get monyes by, & to be as a snare or net, to catch men by.

5. In regard of the manner, the one is administred by the body of the church, being met together in one place: the other alone by some one man. And by these things we may see what cause men have to feare this censure, as if what they sinfully doe, were confirmed in heaven, & God doth indeed poure shame & contempt on them & their Censures, for who sees not all men to esteeme of it, as it is, for all men see it is not the destruction of the flesh, but of the man, & his monyes, that they seeke.

And now to speak one word about the oath by which officers are sworne, let the oath it self be minded the form wherof here standeth.

You shall sweare that you and every of you shall duely and diligently inform your selves of these articles given you in charge, and that all fa­vour, hatred, through feare or anie other corrupt affectiō, set aside, you shall present all and every such person now or lately of your parish, which hath committed anie offence comprised in anie of these articles, or which are [Page] vehemently suspected or defamed of anie such offence, wherin you shall deale according to an upright conscience, neither presenting, nor sparing to present anie person contrary to truth, so help you God, and his faithfull pro­mise in Jesus Christ.

How farr this oath is chaunged from that it was in the years be­fore 1624. let the reader judge.

The evills contayned in this oath are briefly these. First whereas an oath ought to bee done in righteousnes, in truth, and in judge­ment, this is unrighteously taken and imposed, and without judg­ment, as appears in these particulars. 1. In that it is not imposed by a lawfull Magistrate. 2. It swervs from my allegiance to other lawes besides the laws of the land, and servs to all those inventions that a Lord Bishop can thrust into an article booke, which is contrary to the statute of 25. Henry 8. and 1. Elizabeth. Thirdly it binds me to a necessity of sining on one hand or other, either I must present my neighbour for toyes, yea for mere suspicious without grownd, or breake my oath, and whoever thou art that takest it, thou bindst thyselfe by this oath to submit thyself, and so hast made thyself the servant of sinfull man, yea by this oath as an enemy to God, a per­secutour of his saints, and dost sitt under the banner of Antichrist, in that thou hast put to thine hand and sworn with thy mouth to put all such lawes and articles in execution, and pursue those that doe not the same, consider that in these words, so help me God thou dost call God to witnes thy faithfullnes in these things, and dost invocate his name, that if thou dost faile to doe according to the tenour of this oath, he would doe so to thee, and more likewise, that is, bring some eminent judgment on thee, consider these things and fear and tremble.