the Court the Trouble of dancing Attendance on it and by and by out comes the two-handled Rod and Blood-Pail to fright the stubborn Children into Obedience And these Fees of the Court sometimes are very terrible things and touch a Man to the quick As the Reckoning is enflamed by a roguish Vintner when his Guests are so with liberal drinking by scoring up two Bottles for one at the Bar so they know how to take the advantage of the Ignorance of those they have got into their Clutches and top upon them double the Rates of what is by Law allowed I find one of themselves confessing this in sundry Instances in the Courts of the Arch-Bishop of York as to Testamentary Matters and acknowledging the same in general as to other Fees for Copies of Acts Depositions of Witnesses Fees to Apparitors H. Conset Practice of Ecclesiastical Courts p. 422 3. c. Take one Instance To a Judg for an Administration where the Estate is above 40 l. 7. s. 6 d. which advance from 2 s. 6 d. for that was the old Price according to the Table allowed of in 13 Eliz. ' was as I have heard saith he in compassion to one of the Commissioners of the late Arch-Bishop's his necessitous Condition agreed by all the Proctors and other Officers to be imposed on the Country Whether this Commissary be dead or no I know not but till the Year 1685. this way of raising Mony on the Country without Act of Parliament did continue in this and in many other Instances there enumerated by him and I suppose doth so still By the same reason that the French King imposes Taxes on his Slaves because he had Authority given him once to do it in Cases of Necessity while the Kingdom was in a Flame And tho he had a Law to do so for the present which these Harpies never had yet the forementioned Author gives a substantial Reason for the thing that may supply the place of it For Id. ibid. saith he speaking of the Registers the Reason of Augmentation to them is because they pay great Fines to the Arch-Bishops for their Places and he that buys the Devil must sell him and do again let them for Term of Years to Deputies for great Fines which Deputies have no way to raise their Monies but by this manner of advance or exaction upon the Country Now I think the same Argument is altogether as strong for the Surrogate who is the Chancellor's Deputy for Chancellors and Officials have learnt the Art of making their Places Sine-Cures committing them to the management of those Journy-men who are many times wretchedly ignorant and so are often imposed on by the inferiour Officers by whose direction all Matters are dispatched as the Clerk manages the Justice and they to be sure will turn the Water into such a Channel that it may most effectually drive their own Mills But supposing none of these Blunders or Knaveries be committed let 's a little examine the regular and ordinary Proceedings And in order thereunto we must consider there are two sorts of Causes Plenary i. e. such as require a solemn Order and Method and Summary where that being waved a Proceeding by a shorter Cut will serve the turn Now what Causes in particular fall under each of these Heads is kept very dubious for a very profitable Reason Conset p. 22 3. viz. this Tho the Cause be summary yet you may proceed plenarily and 't is the more valid and the Officers of the Court can the better lick their Fingers But if the Cause should be judg'd to be a plenary one and you should proceed summarily then all the Proceedings are immediately null you lose your Charges and the Proctor gets and the Pidgeon-House of Cards being pulled down the Child must begin all again Now in plenary Causes out goes a Citation either general or special obtained by the Plaintiff his Sollicitor or Proctor drawn by the Proctor Sollicitor or Apparitor in writing and sealed by the Judg. Then the Mandatory or the Plaintiff certifies the manner in which the Defendant was cited that so the Plaintiff's Proctor may draw an Authentical Certificate thereupon to which an Authentick Seal is put at the special instigation and request of the Mandatory Then you must have a Proctor either general or special to manage the Cause For no Citation tho executed can be brought into Court but by him he must be constituted by a Proxy i. e. by a Power or Mandate given to the Proctor by his Client to appear and transact for him or before a Notary publick with Witnesses and this authentically sealed too And the Election of your Proctor must be inserted in the Acts of the Court if he die after the Suit is contested the Mandate is absolutely revoked Then supposing they have not got you on the hip for some Error as yet however there be abundance of Blots yet to be hit Many Exceptions may be brought in peremptory ones either simply such or defensive or dilatory ones and these are twofold Dilatoria Solutionis where perhaps the Party alledges the paiment or satisfaction of what is sued for and Declinatoria Judicii for declining the Cause either by excepting against the Judg by Recusation Provocation c. or by reason of the Plaintiff or the Arbitrators or Proctor Advocate Libel Witnesses Interrogatories Publick Instruments Positions Sentence c. Besides these there are two Squadrons more of Exceptions Mediae or mixt Ones and Anomalae or irregular Ones each of which have their proper Seasons of being urged And these must be drawn in writing and some Body must pay for all this For 't is Mony makes these Beasts to go without which they will not stir a soot What we have hitherto spoken of is common to all Causes whether Plenary or Summary What we shall further add and there is much behind agrees in its whole Latitude to the former sort of them Suppose then that hitherto we be clear of all Rocks then comes the Libel but it must be subscribed by an Advocate and possibly you may wait a little for it till next Court-day This being at last given into Court it often happens that it must be amended or alter'd in many Cases too tedious to reckon up And you can't have any thing done to an old pair of Clothes but you shall find an Item for it in a Taylor 's Bill Then follows the contesting the Suit By this time the Defendant is called upon to put in his Answer and unless he confess the Fact either in part or in the whole as 't is laid and so casts himself on the Mercy of the Court which is contesting Suit Affirmatively he must protest by his Proctor against the generality ineptitude obscurity or undue specification of the Libel and that the things contained in it are not true and therefore what is contained in it ought not to be granted And this is contesting Negatively Then the Plaintiff alledges
himself against him which went so far as to procure an Inhibiâ—ion and Citation against him out of his Court. P. 97. All his Brethren forsook him even the Primate himself though the lasâ— that did so yet at length Almighty God so remarkably prosper'd the zeal of this holy Man that he was conniv'd at and held on undisturb'd iâ— personally attending his Episcopal Court God give to our Englâ—sh Bâ—â—hops the like Courage and Success Thus the Rooks give check to the King and the Lay-chancellor in the Court proves too hard for the Bishop as the Devil in the Sign of a Tavern doth for the Saint Dunstan we mean But as though this were not enough matters are yet a great deal worse For not only doth an Appeal lie to the Câ—urt of Delegates of which we shall say nothing because 't is his Majesty's But there is also the Archbishops Court of * Chamberâ—ain's Present State of England part 2. p. 33. Arches where any Ecclesiastical Suits between any Persons within the Province of Canterbury except some peculiar †Consets Practice of Eccl Courts Jurisdictions belonging to the King'â— Majesty may waving all Inferior Courts be decided The Official may take cognizance of all Ecclesiastical Causes whatsoever not only at the instance of Parties but also of his mere Office or when they are promoted as also all manner of Appeals except as before excepted from any Bâ—shops Deans and Chapters c. Arch-deacons their Officiaâ—s and Commissaries or other Ecclesiastical Judges whatsoever as also all Commissaries of the Archbishop of Canterbury whether particular or special within all or any Diocese of his Province This Court is kept in the Archbishop's name by his Official who is the Judge of it called also Dean of the Arches a perfâ—ct Lay-man usually a Knight and Doctor of Laws But he being for the most part absent substitutes a Surrogate in his place who is the Archbishop's Man's man viz. the Dean of the Deanry of the Arches And there doth this Judge Perkin sit in state Chamberlain's Pres â—â—â—te of England part 2. page 273. and according to the old Mumpsimus of the Pope's Canon-Law alone without any Assessors hears and determins all Causes without any Jury of 12 men as is necessary in Common Law-Courts and presumes to sentence not only us Lay-men but the Clergy-men also and even Bishops themselves for any Delinquency And as the Official treats our Superioâ—s in the Arches so doth the Lay-chancellor handle us and the Inferior Clergy in the Bishop's Court held in the Cathedral of his Diocese Only when any do not appear being legally cited and propounded contumacious and decreed excommunicate then the Plaintiff's Proctor offers a Schedule of Excommunication to the Judge H. Conset Pracâ—ice of the Spiritâ— C◠〈…〉 who reads it if he be in hâ—ly Orders for you must know a special care must be taken of that and if not then it is given to one who is in Holy Orders who is constituted to this purpose by the Judge Good God! saith the forementioned Author of Naked Truth 〈…〉 what a horrid abuse is this of the Divine Authority This notorious Transâ—r â—â—â—â—n is excused as they think by this that a Minister call'd the Bishop's Surrogate but is indeed the Chancellor's Servant chosen called and placed there 〈◊〉 him to be his Cryer in the Court no better when he hath examin'd heard and sâ—nt ne'd thâ— Cause then the Minister forsooth pronounces the sentence Then the Judges Seal being clapt to them away the Letters of Excommunication are posted to the Rector Vicar or Curate of the Parish with Orders to publish the same in time of Divine Service on some Sunday or Holy-day always provided these Letters of Excommunication be deliver'd to tâ—e Rector c. at least that same day on which they are to â—e read before Morning or Evening Prayers that they may be sure to have timely notice of it saith our * H. Conset Practice of Eccl. Courts p. 38. Author which they are to publish without delay unless they are willing to undergo the Fate of the Miller's Man who was hang'd for his Master for if they neglect so to do they are to be punisht by Suspension from their Office For unless at his own peril the Parish Minister must no more examine the equity and justice of the Sentence than a Hang-man dares but must do his Office though to the best liver in his Parish be the Cause what it will how unjust soever the Sentence is or how illegally soever obtain'd He must give fire when the word of Command is given though he good man know nothing of the matter yet denounce the Ecommunication he must and give the rest of the People warning that they avoid the company of such a one just as the two nimble Iron Sparks on the outside of St. Dunstan's Church when moved by the Wires within briskly turn about and give a Thump on the Bell that all may know what quarter of the hour it is 2. But to proceed from Persons to things This we suppose no sober man will deny that Excommunication being a punishment of an immediate Divine Original men should have a Divine Warrant in what cases to inflict it And being so severe a Punishment no less than cutting off from the Body of Christ and shutting out of the Kingdom of Heaven as well as the Society of Christians on Earth it should not be inflicted but for those black Crimes and deadly Sins and those obstinately persisted in too for which the Holy Jesus hath declared that men do deserve that amputation and exclusion from Heaven that so what is bound here below may be bound above And this being the Church's expulsive faculty for the casting out of noxious Humâ—rs her weapon for the cutting off rotten and scandalous Members should be used to that end only as we find in the New Testament and many Centuries after it was in the case of Heresy or detestable Enormities accompanied with Contumacy Now such Sinners swarm among us we have such crowds of Adulterers Drunkards Swearers Blasphemers c. that some of the Sons of our Church say by way of excuse for the neglect of Discipline it would not be prudent or safe to attack them How few of these do our Ecclesiastical Courts take notice of In David's time the Sparrows were allowed a place near God's Altar in our days whole herds of Swine have the same privilege and no one will or dare to drive them out But if a man trip in a Ceremony if an honest but simple Dissenter will not come to the Sacrament because though weakly yet it may be conscienciously he scruples Kneeling or will not trhough obstinacy pray the Parson his Dues or if the Governors of the State have a Political Design to carry on out comes the sacred two-edged Sword immediately and they are cut off by dozens We might refer the Reader to Dr. Pinfold as to this Point who a
very few years ago sweetly feather'd his Nest by this means as those barbarous Wretches in some places that live by the Sea-side rejoice at the sight of a Storm and enrich themselves with the Wrecks of those that are unfortunately cast away We our selves have known a Minister of our Church suspended for not burying a Corpse in his Surplice when the Surrogate bid him do it at the Grave and a well-meaning but stubborn Fanatick sent to the Devil as an Easter Offering because he would not give his Parson one of two pence half-penny and the obstinate fool lay by it on a Capias in the Jayl fâ—r several years But it were well if the Ecclesiastical Courts did let fly only on these Occasions For the neglect of a Religious Ceremony may by some be called a mortal Sin and not paying the Ministers dues is a Fundamental Point and a piece of Sacrilege But the Mâ—tter doth not stop here The Spirituâ—l Courts have got to themselves the Cognizance of a multitude of Temporal Causes viz. all Testamentary Matters See Cosins Apology p. 18 19. Matrimonial Causes and these are numerous for the Subject is Fruitful Jactitation of Matrimony Divorces Bastardy c. Defamations Violence to a Clergy-man Rights of Patronâ—ge Double Quereles Wages for a Curate or Clerk Interest and Title to a Benefice Maintenance in it such as Tithes of all kinds Oblations Obventions Pensions Mortuaries Church-yard c. The Dues of a Parishioner to the Church as to Reparations Seats Bells buying of Books Utensils or other Ornâ—ments Not building a Church enjoined by a Testator not keeping a Chuâ—ch in a comely sort or when a Church-Warden refuses to yiâ—ld an Account of the Church-Stock violating a Sequestration for Tithes nâ—t paid hindering to gather or carry Tithes Money promised for redeeming corporal Penance and detained Fighting or Brawling in a Church-yard I suppose least the Dead should be disturbed and hindered of their rest And then all Duties arising at first on the Exercise of Voluntary Jurisdiction and yet by denial made Litigious such be real Compositions sought by some Party to be Disannulled Procurations Pensions Synodals Pentecostals Indempnities Fees for Probates c. Or which they to be sure will not forget and therefore neither will we Fees growing due only upon Exercise of Litigious Jurisdiction and these either due to the Judg himself as Fees of Citation Fees of Sentences c. or due to other Attendants in the Court as Fees of Advocates Proctors Registers Apparitors c. Lord what a blessed Regiment of Causes is here like that of the Black-guard for Spiritual Courts Well but tho most of these one would think were Civil Causes and fit therefore for Civil Courts yet let them come before the Spiritual Ones if they please as long as a Lay-man is the Judg of them All that we stand on is this they Summon People to Answer in all these Cases and make Decrees and if any one do not Appear or do not Obey their Decrees or not Answer their Interrogatories they are judged Contumacious to the Church and then there 's Death in the Pot and they have no other way to Punish but by Excommunication So that an honest Man is frequently Smitten with the Churches Thunder for matters of meer civil Right or trivial Occasions or it may be through the Tricks and Quirks of inferior Officers or sometimes through the Ignorance of a blundering Surrogate for the sake of a little Money Let us hear my Lord Bacon's Opinion of this Matter Excommunication is the greatest Judgment on Earth Considerat for the better Establish of the Ch. of Engl. c. and therefore for this to be used Irreverently and to be made an ordinary Procâ—ss to Lacquey up and down for Fees how can it be without Derogation from Gods Honour and making the Power of the Keys contemptible I know very well the dâ—fence thereof which hath no great force That it issues forth not for the thing it self but the Câ—ntumacy But the Contumacy must be such as the Party as far as the Eye and Wisdom of the Church can discern standeth in stâ—tâ— of Reprobation and Damnation as one that for that time seemeth given over to final Impenitence To this I think we may add their device of excommunicating whole Communities of Men as a Dean and Chapter or a Master Fellows and Scholars of a Colledg the Mayor and Aldermen of a Town c. Hereby they have in some measure that Emperor's Wish that the People had but one Neck that he might chop it off at one blow By this Interdict are prohibited all Divine Offices Chamberlain's Present State of England part 2. p. 39. as Divine Service Christian Burial Administration of Sacraments c. in such a Place or to such a People and if it be against a People it follows them wheresoever they go if against a Place only then the People of that Place may go to Divine Offices elsewhere Only the Pope's Canon-Law adds Decret Greg. l. 5. Tit. 40. de Verb. signif c. 17. That some who are in a special manner priviledged by the Roman Church when a whole Country is interdicted may celebrate Divine Offices with a low Voice but then the Doors must be shut the Bells must not be rung and all the excommunicated and interdicted Persons must be excluded By this Contrivance whole Communities of Men may be broken off from the Body of Christ as whole Countries have been and some say Britain in particular from the Continent by the Fury and Violence of the Ocean But it will be hard to reconcile this to the common notion of Excommunication Lord Bacon coâ—sid p. 21. that 't is a precursory and prelusory Judgment of Christ in the End of the World when we have been so often told from the Pulpit and Press that then Societies shall not be punish'd as Societies but every Man shall personally answer for himself 3. We pass on to the manner of proceeding in Excommunications which we shall find exactly suitable to the Causes for which they are inflicted and the Tools that manage this Weapon For here 's no pains taken with Men to bring them to Repentance by Scripture and Reason convincing them of the heinous nature of their Offences and beseeching of them in the Bowels of Christ Only a bare pronouncing the words I admonish you three times in a breath like the Jews whipping St. Paul with a triple Cord and giving three Lashes in one We had thought this had been a meer Corruption in the Officers but we find one of their own Tribe tell us for Law That a Man may be admonish'd a first H. Consâ—t Practice of Ecclesiastical Courts p. 383 4. a second and a third time all at one and the same moment Things are managed at these Spiritual Tribunals just as they are at Civil ones If you will not buckle there 's no other means used to induce you to it but the Charges of