A retrospect into the Kings certain revenue annexed to the crown under the survey of His Majesties court exchequer : with the proceedings upon two sevral petitions presented to His Majesty, concerning the chauntry rents, &c. and the first fruits, and tenths of the clergy ... / by George Carew.

A retrospect into the Kings certain revenue annexed to the crown under the survey of His Majesties court exchequer : with the proceedings upon two sevral petitions presented to His Majesty, concerning the chauntry rents, &c. and the first fruits, and tenths of the clergy ... / by George Carew.

Table of contents

Title page

TO THE Right Honourable, EDWARD Lord HYDE, Baron of Henden, Lord Chancellour of England; THOMAS Earl of Southampton, Lord High Treasurer of England; And the Rest of His Majesties most Honourable Privy Council.

THE PREAMBLE.

To the King's Most Excellent MAJESTY. The Humble Petition of Walter Devereux, and George Carew, Esquires.

His Majesty was graciously pleased afterwards, to refer the Contents of the Petition, to the Lord High Treasurer of England, who made another Reference, as followeth. viz. September 17. 1660.

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To the King's Most Excellent MAJESTY. The Humble Petition of George Carew, Thomas Gould, and John Culpeper, Esquires, on behalf of themselves, and the rest of the Creditours of Sir William Courten, and Sir Paul Pinder, Knights, Deceased.

Several Reasons, Arguments, and Propositions, offered to the King's most Excellent MAJESTY (for the Improvement of his Revenue in the First-Fruits, and Tenths of the Clergie) Annexed to the Petition of George Carew, Thomas Gould, and John Culpeper, Esquires; for a Patent of the First-Fruits, and Tenths, for the Term of one and thirty years, at the yearly Rent of threescore thousand Pounds.

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Three Objections raised against payment of First-Fruits, and Tenths, answered by the Petitioners.

Three Proposals to the King.

Three Proposals offered to the Clergy.

An Order upon the hearing of the Petition, referred to the Barons of the Exchequer.

Veneris vii. die Decembris. 1660.

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The Antient Way of Accompts in the Exchequer.

The second Order of the Barons. Die Veneris 4th Januarii, 1660.

The Certificate from the Sworn Clerks of the Pipe. To the Honourable, the Lord Chief Baron of His Majesties Court of Exchequer, and the Referrers, desired by the Right Honourable Thomas Earl of South-hampton, Lord High Treasurer of England, to consider of the Petition to His Majesty, of Walter Devereux, and George Carew, Esquires, with the Reference thereupon, as touching their having a Grant, for collecting certain Rents, Pentions, and Portions, now in the Charge and Collection of sundry Bayliffs, and Collectors, accomptable onely before the Auditors, in their several Circuits.

Several Proposals, and Considerations, further offered by Walter Devereux, and George Carew, unto the Lord High Treasurer of England, Chancellour of the Exchequer, under Treasurer, Barons, and to all the Officers of His Majesties Court of Exchequer, declaring how the Kings certain Revenue may be brought into the publique receipt, by the Tenants, and the Sheriffs of the respective Counties of England and Wales, (excepting the Chantry Rents, Pensions, &c.) according to the antient Course of that Court, Customs, and common Laws of England.

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The Proposals of Walter Devereux, and George Carew.

Arguments raised from the Proposals.

Objections raised by the Auditors and Receivers.

Answered by Walter Devereux, and George Carew.

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Die Martis xiiii. May 1661.

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Die Mercurii, xv. May 1661.

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To the Right Reverend Father in God WILLIAM By Divine Providence LORD ARCH-BISHOP OF CANTERBURY HIS GRACE, Primate of England and Metropolitane.

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FURTHER CONSIDERATIONS, OFFERED TO THE CLERGIE, Concerning their first Fruits and Tenths, due to the KING, for his supream pastoral Charge (oppugnant to the Doctrine of Rome) Asserting the KINGS Right to the Government of the Church, Vindicating the Bishops Office, Order, and Dignity in England. Justifying Tythes (or bona Sacra) to be the Ministers proper maintenance by Divine right. VVith several Arguments deduced from Scripture, and reason (promiscuously delivered for the satisfaction of all men) proving it both sacrilegious and distructive, to de•raud the KING in his Tributes, Rights, or Revenues of the Crown.

The Originall of the POPE's Usurpation over CHRISTIAN PRINCES.

The Offices, Dignities, and Possessions of BISHOPS, DEANS, and PREBENDS, VINDICATED.

THE CONCLUSION.

SEVERAL CONSIDERATIONS Of the CREDITORS OFFERED (To the Lords, and Commons Assembled in PARLIAMENT) Concerning the KING'S Revenue, and the Debts OF THE CROWN.

The Creditors APPEALE, To the KINGS most excellent MAIESTY, and the LORDS of His most Honourable PRIVY-COUNCIL, CONCERNING The Island of BARBADOS, and the Ship Bona Esperanza, taken by the Dutch, Anno 1643.

EPILOGUE.

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THE CONTENTS.

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A RETROSPECT INTO THE KINGS CERTAIN REVENUE ANNEXED TO THE CROWN, Under the SURVEY of his Majesties Court of Exchequer: WITH THE Proceedings upon two several Petitions Presented to his MAJESTY, Concerning the Chauntry Rents, &c. And the First Fruits, and Tenths of the CLERGY.

AND Several Considerations Offered to the High Court of Parliament, shewing how all the Kings Rents above twenty Shillings a year may be more speedily brought into His MAJESTIES Coffers without Charge, according to the Antient Course of Exchequer, and the Laws of ENGLAND.

WITH Some Reasons, and Arguments, given for the due payment of Tythes, Annexed Inseparably to the Office of the Ministry; With further Perswasions to the Bishops, and the Rest of the Clergy, to render the just Proportion (of their Livings and Spiritual Promotions according to the improved Value) due to the King as Supream Pastor, and Governour of the Church.

AND Divers Observations concerning the Rights, and other Revenues of the CROWN, Demonstrating the several Conditions, and Qualities of those men that Diminish the KINGS Tributes.

Quisquis Deum reveretur, Regem honorat, diligitque proximum, is Deo quae Dei sunt, Caesari quae Caesaris, denique revera suum cuique tribuit.

By George Carew of Grayes Inn, Esq.

LONDON, Printed Anno Dom. 1661.

TO THE Right Honourable, EDWARD Lord HYDE, Baron of Henden, Lord Chancellour of England; THOMAS Earl of Southampton, Lord High Treasurer of England; And the Rest of His Majesties most Honourable Privy Council.

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Right Honourable,

I Observe in the Act of Free and General Pardon, passed at the Parliament, begun at Westminster the 25 day of April, in the 12th year of the Raign of our most Gratious Soveraign Lord King Charles the Second; That in the very next Clause of Exception (after Offences for Conjurarations, Witchcrafts and Charmes) are Rancked Accomptants, Receivers, and Collectors, that detained the publike mony of the Nation in their hands: The Antient Genious of our Fore-Fathers, in Framing the Court of Exchequer, with that Policy and Art; was such, That all parts of the World admired that Court, for the Excellency and Invention of it; wherein was observed a Method, that although Land and Mony, there was ever in plenty, Ebbing and Flowing. Yet the Prodigal, Coveteous, and Ambitious, Minister, Receiver, or Accomptant, with all his Sleights and Stratagems, could not deceive the King without Discovery. The Course of that Court being altered (upon the Dissolution of Abbies) there followed great Losses to the Crown,The King hath been paid most of his small Rents with Pen and Ink and Dog-Latine since the Course of the Excheq. hath been Altered, and the Subject often vexed & grieved without cause as in Baron Trevers time, a Tenant in York-shire was put to 3l. charge by Tho. Westly a Messenger for 4d. Rent, Charged upon his Estate without his knowledge; Many of the like cases have hapned by false returns and Allowances, of Supers, &c. and many Inconveniencies and Grievances to the People: In the Imperiall Chambers abroad, The publike Books of Revenues lies open to the view of all people, that any kind of Fraud may be discovered, or better advantages found out for the Imperial Estate: My Lords, I am confident your own Honours binds you, beyond all other Obligations in the world, to Promote those things that may be for the Preservation and Improvement of the Kings Prerogatives, Honours, and Revenues, Annexed to his Crown: wherein truly consists the Happiness and Glory of the whole Kingdom: There be two Contradictions used amongst men, easily Reconciled by your Lordships: Summa ratio est summum jus, and Summum jus; summa injuria. In Extraordinary matters not properly relieveable in any other Court; The Lords in Parliament have the Prerogative, (for their Excellency, in Knowledge and Wisdom) to Determine such Cases by their own Power.

May it please your Lordships, I am Intrusted as an Executer to pay several Portions, and Legacies, to Hospitals, Free-Scholes, and poor Children out of mony left in the hands of Sir William Courten, and Sir Paul Pinder, who parted with it to the late King, upon his Letters Patents, and other Assignments, out of the Revenue in the Exchequer, before the late War: Not doubting the Credit of the great Seal of England, and payment of the Exchequer, I took upon me, the Execution of the Trust, and paid some part of the Legacies out of my own Estate: And notwithstanding I have used my indeavours with others, to get in the said Debt, yet I am daily sued by the Legatees for not recovering the Money charged upon the Revenue: wherefore I humbly conceive, that such Accomptants and Receivers which Convert the Kings Revenue to their own Use, do not only Wound the King in Cheif, but the whole Nation in General; and those poor Hospitals and Orphans in particular, that I am troubled for. All which I submit to your Honours Considerations, and Subscribe my self,

April 20. 1661.

Your Faithful Servant, THOMAS GOULD.

THE PREAMBLE.

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IT was the Practice of former Ages, when they met in Parliaments, to examine the Causes of the Kings Necessities, and to make those that were not Faithfull in their Offices to Relieve the King, as they did by Hugo de Burgo, and the Accomptants of the Revenue in HENRY the thirds time. King JAMES and King CHARLES the first (of ever Blessed Memory) were both Large-Hearted, and (as Princes naturally are inclined very Bountiful. Q. ELIZABETH left a Plentiful Revenue to the Crown of England: King JAMES, in Favour of the People, sold most of the Lands in Fee-Farm; An Invention found out to prevent an Act of Resumption. The Flowers of the Crown ever since have been gathered by those that gave the King onely the Stalks, which brought the King into many great Debts, that stand Charged upon the Revenue left unsold. And it so happened, I became Intituled to a Considerable part of the Mony, and in Prosecution of the said Debt, by Administring upon some Estate, I was Involved with a Corporation of Creditors, that were likewise Concerned for divers Summs of Mony, which Sir William Courten, and Sir Paul Pinder had lent to the King: This gave me Occasion to look into the Revenue of the Crown, and to make several Applications to Committees (in the Violent and Distempred times) for satisfaction of the said Debts,Damages is 346000l. concerned in it, are sixty four Persons of [...]ons, many of them [...]verished for want of but I could have no other Tearms offered, then Allowances as Debentures towards purchasing Crown Lands, Bishops Lands, or Delinquents Lands, (so called) which I utterly refused. Since his Majesties Restauration, the Creditors have been more earnest upon me; some crying out I should appeal to the King, The Mirrour of Justice: Others to the Hierarchy of the Church, and perswade them to render that Part of the Revenue (due to the King) improved to their hands with the Creditors money by those Men that obstructed the Payment of the Kings Debts: Others to the Lords, that have a great Sence of the Kings Honour, and the Regalia he lately parted withall: Others to the Commons that hold the Purse-strings of the Nation, & have been pardoned great Arrears and Accompts which should have satisfied the Creditors Demands. Being so divided in their Judgements and Opinions, they brought me several Papers of perplext Notions concerning the Revenue of First Fruits, and Tenths of the Clergy, belonging to the King for his Supream pastoral Charge and Government of the Church, with several Observations on that, and the rest of the Revenues; shewing how the King was made insolvent in those times. All which I have according to my promise (avoiding Prolixity) put into some kind of Method, under several Titles, describing the several Tempers of such Persons as are guilty of defrauding the Crown: I have been true to my own Resolutions, and dealt impartially with all Men, as the Creditors desired. I did also according to their Request before, Apply my self to his Majesty at White-Hall, where I found many Petitioners, some craving Reward, others begging Relief for Sufferings and Services done, both to his Majesty, and His Royal Father, (of ever Glorious Memory) neither of them minding how the King should now support himself in his Imperial Estate answerably to the Majesty of so great a Prince, and the Honour of so great a Nation: I then cast about me to find out some expedient whereby I might be rather Serviceable to the King, than Burthensome or Grievous to the People, and yet satisfie my self. In order thereunto I presented these Petitions following according to their several Dates: Whereupon there have been some Proceedings, but nothing finally determined. All which rest under the Consideration of his Majesty and his most Honourable Councel in Parliament. I have contracted all things into as narrow a compass as I could of so much matter, not doubting, but that it may find Room amongst other Weighty Affairs. I leave it therefore at the Parliament-Dore for them to do what in Honour and Equity the Merits of the Cause require.

April 23. 1661.

‘Veritas non quaerit Angulos.’

George Carew.

To the King's Most Excellent MAJESTY.
The Humble Petition of Walter Devereux, and George Carew, Esquires.

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SHEWETH,

THAT there are divers Collections in your Majesties Kingdom of England, and Dominion of Wales, that were formerly Granted to several Men, of mean Quallity, and Condition, by Patents out of the Exchequer, during pleasure, to receive the Chantry Rents, Pensions, Portions, and Forreign Rents, amounting formerly, to Six Thousand Pounds yearly, or thereabouts, belonging to the Crown of England. And that the said Collectours, were allowed the certain Fees or Sallaries, which were annexed to those Collections, in the Times of the Abbots, and Friers.

That through the Neglect, Poverty, or other Dafault of the said Collectours, and Accomptants; the Crown of England, hath lost Two hundred thousand Pounds in that Part of the Revenue, since the beginning of Queen Elizabeth's Reign, which stands charged in Super upon those Bayliffs, or Collectours, in the several Auditours, and Receivers Accompts, to the great prejudice, and Dishonour of your Majesties Revenue, which may hereafter, be more faithfully discharged, with advantage and conveniencie to your Majestie, and your Subjects.

Your Petitioners therefore humbly pray, That your Majesty would be graciously pleased, to Grant your Petitioners a Patent under the Great Seal, for their Lives, to Collect the said Chantry Rents, Pensions, Portions, and Forreign Rents, allowing them the said Fees of the several Collections; and your Petitioners shall give good Assurance of their Fidelity, and Trust in your Majestie's said Service. And your Petitioners shall pray, &c.

Walter Devereux.

Geo. Carew.

His Majesty was graciously pleased afterwards, to refer the Contents of the Petition, to the Lord High Treasurer of England, who made another Reference, as followeth. viz. September 17. 1660.

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I Desire the Lord Chief Baron, and the rest of the Barons of his Majesties Exchequer, and Master Surveyour General of his Lands, calling to them, the Clerk of the Pipe, his Majesties Auditours, and Receivers of his Revenue in the several Counties, or whom else they please, to examine the Reason, why this Part of his Majesty Revenue, mentioned in this Petition, is so ill Answered, and so great Arrears upon it. And to Consider the best way to prevent it in the future. And in Case the Proposition, of the Petitioners for reducing all into one Hand, or Collection, may contribute thereunto, to Certifie me there Opinion. And to that end, I pray them to hear, what the Petitioners shall in that kinde Propose, and what Security the Petitioners will give to acertain those Rents. And upon the whole Matter, to certifie their Opinions what is best to be done in Order to this Part of his Majesties Revenue, and his Majesties Service therein.

THO. SOVTHAMPTON.

To the King's Most Excellent MAJESTY.
The Humble Petition of George Carew, Thomas Gould, and John Culpeper, Esquires, on behalf of themselves, and the rest of the Creditours of Sir William Courten, and Sir Paul Pinder, Knights, Deceased.

SHEWETH,

THAT King CARLES the First, (of ever Blessed Memory) for the ordinary support of himself in his Royal Estate at home, and for the necessary supply of his Embassadours abroad, borrowed several great Sums of Money of Sir William Courten, and Sir Paul Pinder, and others, amounting to 150000. Pounds, and upwards, which was taken up by the said Sir William, and Sir Paul, and others, of several Men upon Bonds.

That many of those Persons are since deceased,By the last general Pardon, the Clergy were forgiven 50000. pounds, which was due to the King upon Bonds, for First-Fruits and Tenths. The Layity, by the King's happy Restauration, were put into possession of such Estates, that were their own inheritance. But the Bishops, &c. into improved vacancies, that were under Consideration of the Law, for many years together. and have left their Widows, and Orphants, in a sad, and perishing Condition for want of Bread. That for security and re-payment of the said Money (with Interest) his late Majesty did for himself, His Heirs, and Successours, before the year, 1640. by Letters Patents, under the Great Seal of England, and other Assignments, upon the Lands and Revenues within the Snrvey of the Exchequer, give Warrant, and Commandment, to the Lord High Treasurer, Chancellour, Vnder-Treasurer, Chamberlains, and Barons of the Exchequer for the time being, to pay the said Debt. That there is yet, notwithstanding, resting due unpayed of the said Debt, the Sum of 140000. Pounds, or thereabouts, as by the Books of Issues remaining with Sir Robert Pye (Auditour of the Receipts) and the Accompts stated (remaining with the Auditours of the Imprest) may plainly appear. That the Money now belongs to your Petitioners, by Virtue of Letters of Administration to them granted, in right of themselves, and other Creditours, and the poor Orphans, and Widows aforesaid. That the Revenue of First-Fruits, and Tenths, is not duly answered by the Clergie into your Majesties Exchequer, according to Law, and the Rights of Proportion which belongs to the Crown of England, there being great Improvements made of New-buildings, draining of Fens, taking in of Sea-grounds, breaking up of Parks, [Page] and Chases, Increase of Rents, and many other wayes of advantage, and profits to the Clergy: which ought to be accordingly considered to your Majesty, and paid in proportion into your Exchequer; as a means to give satisfaction to your Petitioners most just Demands.

The Premises considered; and for as much as your Petitioners may be partly satisfied out of the improvement of First-Fruits and Tenths, and your Majesties Revenue made treble as much, as hath been formerly paid into your Treasury; The Nation generally satisfied therewith, Religion, and Learning both advanced, by considerable Augmentations, that may be further given to poor livings besides.

Your Petitioners therefore do humbly pray, that your Majesty would Grant them a Patent of the First-Fruits and Tenths, for the Term of one and thirty years, at the yearly Rent of threescore thousand pounds, upon the Conditions, and Proposals, as in the Paper hereunto annexed, are expressed and set forth. And your Petitioners shall pray, &c. October 22. 1660.

Several Reasons, Arguments, and Propositions, offered to the King's most Excellent MAJESTY (for the Improvement of his Revenue in the First-Fruits, and Tenths of the Clergie) Annexed to the Petition of George Carew, Thomas Gould, and John Culpeper, Esquires; for a Patent of the First-Fruits, and Tenths, for the Term of one and thirty years, at the yearly Rent of threescore thousand Pounds.

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THAT whereas in the 26th. year of King Henry the Eighth,Note, the Current money of England much infeebled since those times. The Lords Spiritual, Temporal, and Commons assembled in Parliament, with his Royal assent, did Ordain, and Enact: that the Kings Highness, his Heirs, and Successors, Kings of this Realm, should have, and enjoy for ever, the First-Fruits, and Profits, for one year, of every person, and persons, which should be nominated, elected, presented: or by any other ways, or means appointed, to have any Arch-Bishoprick, Bishopprick, Deanary, Prebendary, Parsonage, Uicarage, or any other Dignity, or Spiritual Promotion whatsoever within this Realm, of what name, nature, or quality soever they be, or to whose Patronages, or guifts soever they belong; the First-Fruits, Revenues, or Profits, for one year, of every such Dignity, Benefice, or Spiritual Promotion, whereunto such person, or persons, shall be Nominated, Present [...]d, Elected, or Appointed. And that every such person, or persons, before any actual, or real possession, or medling with the profits of any such Dignity, Benefice, Office, or Promotion Spiritual, should satisfie, content, and pay, or agree to pay to the Kings use, at reasonable days, and times, upon good Sureties, the First-Fruits, and Profits for one whole year, into the Kings Treasury. And it was Enacted by the Authority aforesaid, That the Lord Chancellour of England, and Master of the Rolls for the time being, and from time to time, at their will and pleasure, should name, and depute by Commission, or Commissions, under the great Seal, fit persons, to examine, and search for the just, and true values of the First-Fruits, and profits, by all ways, and means that they can, and to Compound, and agree, for the Rate of the said First-Fruits, and profits, and to limit days of payment upon good security, which should be in the nature of a Statute Staple.

AND whereas it was Ordained, See the several Presidents, and Commissions, with Returns of full values, in Queen Elizabeths Time. and Enacted, by the Authority aforesaid, That the Kings Majestie, his H [...]irs, and Successors, Kings of this Realm, shall yearly, have, take, and enjoy, and receive, united, and knit to the Imperial Crown for ever, one yearly Rent, or Pension, amounting to the tenth part of all the Revenues, Rents, Farms, Tythes, Offerings, Emoluments, and all other profits, as well called Spiritual, as Temporal, now appertaining, or belonging, or hereafter that shall belong to any Arch-bishop, or Bishop, Dean, Prev [...]nd, Parson, Uicar; or other Benefice, Spiritual Dignity, or Promotion whatsoever, within any Diocess in England, or Wales. And that the said yearly Pension, Tenth, or Annual Rent, shall be yearly paid to the Kings Majesty, His Heirs, or Successors, Kings of this Realm, for ever; which was confirmed by several Acts of Parliament in 32. Hen. 8. and 34. Hen. 8. and 37. Hen. 8. and 2. Edward, and 7th. of Edward the 6. and 1. Eliz. And it was also further Enacted, and Ordained by the said Authorities, that the said yearly Rent, Pension, or Tenth part, shall be Taxed, Rated, Levyed; Received, and paid to the Kings use, in manner, and form following; (that is to say) The Lord Chancellor of England, for the time being, shall have Power, and Authority, to direct into every Diocess of England, and Wales, several Commissions in the Kings name, under his great Seal, to such person, or persons, as the Kings Highness shall name, and appoint; Commanding, or Authorizing the Commissioners, or three of them at least, to examine, search, and enquire, by all the wayes, and means that they can, by their discretions of, and for the true, just, and whole entire yearly values of all the Mannors, Lands, Tenements, Rents, Tythes, Offerings, Emoluments, and Hereditaments; and all other Profits whatsoever, as well Spiritual, as Temporal, appertaining to any such Dignity, or Spiritual Promotions as aforesaid; Ordinary deductions to be defalked out of the same. And that the several Bishops should be charged with the Collections of the First-Fruits and Tenths, in their several and Respective Diocesses. And that upon the Bishops Certificate, any Incumbent, refusing to pay his Tenths, shall be discharged of his Living.

BY the grave advice, [...] nullo queat esse modo [...] cujus Gubernandi [...] non Regem sit [...]. and consent of all Estates, in so many Parliaments, the First-Fruits and Tenths were granted, and confirmed to the Crown of England, for the better maintenance, and support of the Royal Estate; and if the People are since multiplyed, whereby there is a further encrease of Rents and Tythes, and a greater value upon all Commodities, the Crown Revenue should be improved towards the Kings Innumerable Charges for the Government, and well-being [Page] of those people, and holding correspondence answerably with all Foreign Princes, for their Trade and Commerce.

KINGS and Queens of England▪ gave most of the Lands,Felicia illa olim tempora, in quibus majus subditorum animis in sedit utilitatis Regiae studium, quam rerum suarum cura familiarium. Tenements, and Hereditaments, belonging to these Ecclesiastical Dignities, and Promotions, and have also Erected divers Foundations, Colledges, and houses of Learning, and given large Inheritances, and Endowments thereunto; whereby most of the Clergy have their Educations, and are made fit for those Dignities, and other Ministerial Offices in the Church, without any great charge to their Families, or Relations; therefore good Reason the First-Fruits, and Tenths of all their Dignities, and Benefices, should be paid to the King, whom they hold of, as Patron Paramount, and as Supreme Governor of the Church, and Defendor of the Faith of England.

THE Statutes, and established Laws of the Land, are made for the full payment, and whole intire First-Fruits and Tenths; wherein the Clergy themselves had their Uotes in Parliaments. And it is as great Injustice for the Clergy to withhold any part of the Kings dues, as others to deny them any part of their Prediall, personall, or mi [...]t Tythes; the Subject in generall suffers, wherein the Kings Revenue is abated▪ which of Right belongs to the Crown. Every private person may, as often as he pleases, Improve his own Revenue, as occasion offers.

THE meanest Subject is allowed the benefit of the Law, and the King does him Justice, and maintains his property, according to the Common, and Positive Laws of the Land. The King may expect the same Benefit of the Laws, and require his own Rights, and Revenues, by those Rules of Justice, which all men are bound to observe, and obey.

Three Objections raised against payment of First-Fruits, and Tenths, answered by the Petitioners.

1. THAT the Revenue of First-Fruits,Object. 1. and Tenths, is an Innovation obtruded upon the Clergy of late times.

TO this they Answer; That the First-Fruits, and Tenths, were paid in the Saxons times, as appears by Beda's Ecclesiastical History:As the King was to the Church of Scotland. and have so continued ever since in England to this very day; and that those payments, or Tributes, Beda calls Vectigal, which signifies a Badg of Subordination of the Clergy to the Supreame Civill Magistrate; and where they have cast off this Tribute, the Civill Magistrate hath been subordinate to the Authority of the Church; it was paid by the Priests, in the time of the Old Law, to the Sovereign Power.

2. THAT the First-Fruits and Tenths are of a Popish Institution.Object. 2.

ANSWER. Vide Lord Burley's Speech [...]o Queen Elizabeth. It may be satisfactory enough, That this Tribute of First-Fruits, and Tenths, hath been paid to all Kings, and Queens of England, since the Reformation in Henry the 8ths time; without any repeal of any of the said Statutes: but in the time of Popery, viz. in the second, and third year of Philip and Mary, the Act for paying of First-Fruits and Tenths was Repealed, but confirmed again in the very first year of Queen Elizabeths Reformation of Religion from Popery, by the Statute of 1. Eliz. chap. 4. with a Recital, and Ratification of all former Statutes, that confirmed the same to the Crown, and have continued in force ever since; so that, if the Tythes vs Jure Divino payable to the Clerg [...], for their Administration of the Word, and Sacraments to the People, The First-Fruits and Tenths, Jure Politico, are payable to the King, their Sovereign Lord, for his Administration of Justice, and maintaining the Rights, Priviledges, and Liberties, both of Church and State.

3. THAT the Clergy,Object. 3. of all Orders, and Degrees, have lately suffered, and therefore ought not to be raised in their First-Fruits and Tenths.

ANSWER, That the King hath suffered more, and his Revenue much diminished, by the late War, which hath been fomented, and encouraged, by many thousands of the Clergy, now confirmed in their Livings; and the Commons of England would more willingly pay their Tythes, if they were sensible, the First-Fruits, and full Tenths were to be paid to the King; as they lately expressed, in their desires upon the like occasion, of improving that part of the Kings Revenue.

THE Incumbents have,Felo de se est quisquis de jure Regali demit. and do dayly take advantages for their Tythes of new Tillage, and other [...]mprovements of Land, which ought to be proportionably answered to the King: the Bishops, and [...] other persons in Spiritual Dignities and Promotions, do raise their Tenants, and let the states to the improved values.

Three Proposals to the King.

1. THAT the said Petitioners will discharge 50000. pounds,The present yearly Revenue of the First-Fruits and Tenths, not twenty thousand pounds, all charges deducted. part of the debt, due from the 1 Crown, mentioned in their Petition; and give good security for the payment of sixty thousand pounds, yearly Rent, unto his Majesty, his Heirs, or Successors, Kings of England, during the said Term or one and thirty years; without any defalcation, or other charges, or reprisal whatsoever.

2. THAT the Petitioners will not take any First-Fruits of such Benefice, or Living, which 2 is Appropriated to the Cure of Souls; that upon the Examination, and enquiry, shall not be indifferently found and returned, at the full yearly value of fifty pounds, upon the Survey.

3. THAT the Bishop shall not be troubled with the charge,See Selden upon Tythes, of the Eastern Countryes. or care of Collection of the First-Fruits,3 or Tenths, within his Diocess; But be wholly busied in the other Spiritual affairs of the Church, and cure of souls.

Three Proposals offered to the Clergy.

1. THAT upon the Nomination, Appointment, Election, or Presentation, of any Spiritual person into the said Dignities, Benefices, or Promotions; and before they enter into the actual possession thereof, they shall be bound in a Recognizance, in the nature of a Statute Staple, with two sufficient Sureties, to pay the First-Fruits according to the full value, as shall be returned upon a survey, payable within four years after such Nomination, Election, Presentation, or Entrance, at eight severall payments, by equal portions, every six moneths; and that one years Tenths of every such Dignity, Benefice, or Promotion, shall be deducted out of the said First-Fruits. In case the Incumbent by before all payments, the Security to be discharged according to the time.

2. THAT whereas by the Liberty, and Disorder of the late depraved times, the Clergy were not held in such Reverence, and esteem, by the Common people, as the Dignity of their Calling requires; And they have been forced to commence severall Actions for their Tythes; and by reason [Page] of confe [...]tious, and distempered spirits, the Preaching of the Word of God hath been unprofitable to the people, that have taken a prejudice against the Ministery. Therefore a short Bill shall be prepared by Councell, and offered to the Parliament, That an Act may be passed for the speedy recovering of Tythes, which have been paid formerly, and the Title not in question; And that the two next Justices of the Peace, adjacent to the place, may have power, upon Complaint of any Minister, or other person, to whom the Tythes do, or shall belong, to issue forth their Warrants, to distrain goods, and chattells of any person, or persons, refusing to pay their Tythes, to whom they shall become due, and payable, as aforesaid. That Love and Unity may be preserved between the Ministers and their Congregations.

3. THAT forthwith Commissions shall be issued out in his Majesties name,Vide, Doctour John Gers [...]n h [...]s Treatise, called Regulae morales. throughout England, and Wales; to examine, and finde out the true values of all Dignities, Benefices, Parsonages, and other Spirituall promotions aforesaid: and to return the Surveys thereof, with the names of the Patrons, and present incumbents; and in the mean time to suspend all proceedings in the First-Fruits Office. And that his Majesty would be pleased to appoint a Secretary for Presentations (of all such Livings, as shall be in his Majesties dispose) wholly to attend his Majesties service therein; to the end, that his Majesty may be fully informed of the true value of those Livings. And whereas for the ease of his Majesty: Severall Livings, and promotions, were heretofore in the Lord Chancellour, or Lord Keepers dispose, to be so continued, notwithstanding any new Return of a greater value.

Further Arguments, and Considerations will be offered in convenient time, conducing much to the advantage of the King, the Benefit of the Clergy, and the General good of the whole Nation; as occasion requires.

All which they humbly submit,

George Carew,

Thomas Gould,

John Culpeper.

Octob. 22. 1660.

An Order upon the hearing of the Petition, referred to the Barons of the Exchequer.

Veneris vii. die Decembris. 1660.

Anglia.

Wallia.

UPon Reading the Petition of Walter Deverenx and George Carew Esquires; presented to the Kings Majesty for a Grant to be made to them for their Lives, upon the reasons in the said Petition mentioned of the sole Collection of that part of his Majesties Revenue, consisting in Chantry Rents, Pensions, Portions, and other small rents issuing out of his Majesties Mannours, and Bayliwicks in England, and Wales, and of a Reference thereupon, made unto us, from the Right Honourable Thomas, Earl of Southhampton, Lord High Treasurer of England, Dated the seventeenth day of September, 1660. Whereby we are desired by his Lordship, to examine the reason, why that part of his Majesties Revenue, mentioned in the Petition, was so ill answered, and so great Arrears upon it, and to consider of the best way to prevent it for the future. And whether the reducing of it into one hand, might contribute thereunto, and [...]hear the Petitioners proposals, and what security they would give, to ascertain those rents; and upon th [...] whole matter, to certifie his Lordship our opinions, what is best to be done therein for his Majesties Ser [...]e, that in preparation for our better Information in the Premises, the third day of this instant December, w [...] issued our order to the Auditours of his Majesties Revenue, that they should prepare Certificates, first, what the pentions, portions, Chantry rents, and Forreign rents, within their respective Circuits did amount unto in the year 1640. Secondly, What was Paid to the Receiver General, each of the several years, 1638, 1639, and 1640. and what standeth in Super, in the said Receivers Accompts of the said re [...]ts. Thirdly, what were the yearly Fees allowed to the severall Collectours of the said rents, and what they are in Arrears to the Crown, and the said Auditours were to let the said Petitioners see the sa [...]d Declaracions, and to attend us with their Certificates this day. Now, upon reading the said Petition, [...] Reference, and of the Proposals delivered in by the said Petitioners, and hearing Mr. Serjeant Glyn, one [...] Majesties Serjeants at Law, on the behalf of the said Petitioners, and of Sir Edmond Sawyer, Master Kinsman, and Mr. Philips, three of the Auditours of his Majestie's Revenue, and debate of the said matter. [...]or as much as the said Auditours, by reason of the shortness of time, could not prepare their Certificates against this day; And to the end the said Auditours, and other the Auditours may make perfect Certificates unto us, for our better information, we do this day order, that the Auditours shall by this day sevenight, bring unto us at Serjeants-Inn-Hall in Chancery Lane, perfect Certificates of the yearly Revenue of the [...] Chantry rents, and other rents before specified, both in England, and in Wales, what hath been set in Su [...]r, in the several Accompts of the Receivers General, and other Ministers since the first year of the reign of the late King Charles, unto the seventeenth year of his reign, what hath been answered to the Crown, in any of those years and how long the Supers, that are in such Accompts, have remained. And for that some Difference did arise between the said Auditours, and some of the Clerks in the Pipe-Office, concerning Accompts, [...]nd the regular, and just proceedings therein according to the course of that Court. We do further order, t [...]at Sir Edmond Sawyer shall have liberty to peruse the accompts in the Pipe, in the fourteenth year of the reign of the late King James, and some of the Clerks of the Pipe-Office, to peruse the Accompts of the same year, remaining in the custody of the said Edmond Sawyer. And also, that the said Petitioners shall have liberty after Sealing-day next, to resort to the respective Offices of the Auditours of his Majesties Revenue, [...] convenient times, and to bring along with them one of the sworn Clerks, in the Office of the Clerk of [...] Pipe, to peruse, and see the Accompts concerning the said Revenue.

Exam. per Jo. Payn [...].

Matthew Hale.

Edw. Atkins.

Chr. Turnor.

§

At which time and place, the whole matter was again Debated before the Barons, the Surveyour Gene [...] of his Majesties Lands, and others, the Auditours making then great opposition, it was put off to ano [...]her day. In the mean time, the Petitioners delivered this following Instructions, touching Accompts in the Exchequer.

The Antient Way of Accompts in the Exchequer.

[Page]

BY the Antient Course of the view of the Accompt of every Accomptant in the Exchequer after it be prepared, and written by the Auditour, ought to be declared before the Treasurer, and Barons, or some of them, and the Remembrancers, and Clerk of the Pipe, or their Deputies ought to attend that Service. The Accompt being thus declared, is to be attested by the Auditours above, and before the beginning of the Accompt.

Auditours.

Tho. Comes Southampton Thess.

Matth. Hale Capital. Baron.

Edm. Sawyer Clericus.

Thus naming those Worthies, before whom the Accompts was declared, as also the Auditours, that prepared and writ the same.

Afterwards the Accompts, with the Particulars thereof, ought to be forthwith delivered by the Auditour, to the Kings Remembrancer, in whose Office it ought to remain, as matter of Record for the King, and Subjects use, and the State of the Accompt ought to be briefly entred there, and then the Accompt ought to be delivered unto the Treasurers Remembrancer's Office, and the State thereof, to be likewise briefly entred there. This done, the Accompt is to be forthwith transmitted into the Office of Clerk of the Pipe, and the Accomptant's Tallies are to be delivered to the Chamberlain' [...] Deputies, to be by them (according to the Trust reposed in them) rejoyned, and tryed with the Counterfoyls before the Barons, and proving true, to be forthwith delivered to the Clerk of the Pipe, to be by him allowed.

And the Accompt being lodged in the Pipe, is to be duly examined, first, by the Clerk of the Pipe, instrusted on the behalf of the Treasurer. Secondly, by the Comptroller there entrusted on the behalf of the Chancellour, all tending to the Service of the King.

And when after full examination all things prove clear, the Accomptants whole charge, and discharge is to be ingrossed in the great Roll, and all his payments by Tallies, are to be allowed at the foot of the Ingrosment of his Accompt there, and thus every Accomptant ought to receive his finall discharge, in, and from the Record, whereof for the common safety of King and People, the Comptroller of the Pipe writeth a Duplicate or Controlment Roll, Verbatim from the said great Roll.

And all Debts whatsoever depending in any such Accompt are to be forthwith particularly charged in the great Roll, and from thence written, and continued in process to be levied, and answered to the King, if not otherwise legally discharged.

Decemb. 18. 1660.

Wal. Devereux.

Geo. Carew.

The second Order of the Barons. Die Veneris 4th Januarii, 1660.

FOR our better Information, in reference to the Petition of Walter Devereux, and George Carew, Esquires, referred to Vs by the Lord High Treasurer; It is Ordered, That the several, and respective Auditors, do bring in before Vs, the last declared Receivers Accompts, with the Ministers Accompts, relating to the same for one whole year, for, or before the Year, 1641. at Serjeants-Inne, in Chancery-Lane, on Friday the Five and Twentieth of this instant January; And that the sworn Clerks of the Pipe be also then, and there▪ ready, with their Certificates, relating to the Accompts, and course of the Exchequer.

Matthew Hale,

Edw. Atkyns,

Chr. Turner.

The Certificate from the Sworn Clerks of the Pipe.
To the Honourable, the Lord Chief Baron of His Majesties Court of Exchequer, and the Referrers, desired by the Right Honourable Thomas Earl of South-hampton, Lord High Treasurer of England, to consider of the Petition to His Majesty, of Walter Devereux, and George Carew, Esquires, with the Reference thereupon, as touching their having a Grant, for collecting certain Rents, Pentions, and Portions, now in the Charge and Collection of sundry Bayliffs, and Collectors, accomptable onely before the Auditors, in their several Circuits.

May it please your Honours,

WE the Secondaries, and antient sworn Clerks, in the Office of the Ingrosser of the Great Roll, otherwise called the Clerk of the Pipe in the Exchequer, who have hereunto subscribed our Names, have, in obedience to your Commands, signified at Serjeants-Inne, the seventh Day of December last past, informed our Selves of the Clerk of the Pipe his Title, and Claim, to have the Custody of the Accompts, of all Receivers, Ministers, and other Accomptants whatsoever, accomptable in the Exchequer. And we have likewise endeavoured to inform our selves so far, as (without the sight of the Accompts, now remaining in the custody of the Auditors) we could, of the several Inconveniencies which have hapned, or may happen, by the Auditors detaining, and keeping of such yearly, and other Accompts: As also, of the conveniencies which would infallibly arise to his Majesty, and his Subjects, in case those Accompts should hereafter be delivered over to the Clerk of the Pipe, as all other like Accompts have constantly been, according to the antient course of the Court. And humbly certifie, as followeth, viz.

As to the said Clerk of the Pipe, his Title, and Claim, to have the Custody of all those Accompts of Receivers, Ministers, and others whatsoever, which were, or are accomptable in the Exchequer, now remaining in the Custody of the Auditors.

We humbly conceive, That the said Clerk of the Pipe, his Title, and Claim, to have the Custody of the Accompts of all Receivers, Bayliffs, Ministers, and others whatsoever, accomptable in his Majesties Court of Exchequer, ariseth as followeth:

First, By the antient, and long-approved course of the Exchequer; and by the Ordinance made in Trinity Term, 16 E. 2. Cap. 7. the Accompts, of all Accomptants whatsoever, accomptable in the Exchequer, ought finally to determine in the Great Roll of the Exchequer, by Allowance which are there to be [Page] made, by Tallies, Writs, and the King's Charters; And that, that course was duly observed, until the first year of Queen Mary, that the Revenues of the then dissolved Augmentation Court was annexed to the Exchequer.

2 Secondly, By vertue of certain Articles, signed by Queen Mary, and annexed to her Letters-Patents, granted under the Great Seal of England, bearing date the xxiiij. day of January, in the first year of Her Highness Raign: By which she annexed all the Revenues of the Crown, which immediately before that time, had been within the Survey of the then dissolved Court of Augmentations, and General Surveyours, unto her Highness Court of Exchequer; Which Courts of Augmentations, and General Surveyours she had dissolved by other her Letters-Patents, under the Great Seal, dated the xxiij. of January, in the said first year of her Raign. The said Queen being impowered by Act of Parliament, made in the said first year of her Raign, to dissolve, and determine the said Courts, with others, and to unite and annex the same to any other of her Courts of Record. Provided, That if she should annex the same, or any other of her Courts to the Exchequer; That then all things, within the Survey of the said Court so annexed, should be ordered in like manner, to all intents, as the said Court of Exchequer, there was, or ought to be, by the Common-Laws, and Statutes, of this Realm.

By which Articles,Ir. int. Com. Hill. 1. Ma. Ro. 55. exparte Rem. Thes. it was ordained, and provided, by the said Queen, That the Accomptants, for the said late Augmentation Revenue so annexed, should appear in the Exchequer ever Hillary Term, to be sworn to their Accompts, for the Year ended at Michaelmas before, and to make, and finish the same Accompts, before the xxiij. of February then next following.

And that the Auditors taking the same Accompts,Article. 8. should deliver them yearly, ingrossed in Parchment, authorized, and allowed, by the hands subscribed, of the Lord Treasurer, Chancellour, Under-Treasurer, and Barons of the Exchequer, or three of them at the least, whereof the Treasurer, or Vice-Treasurer, to be one, into the Office of the Pipe, within the said Court of Exchequer, before the xxth day of March, then next folowing, so as further process might be thereupon made, if case should so require.

Which Accompts,Article 25. should remain in the Charge of the Clerks of the Pipe.

And that all Accompts,Article 32. and Declarations of Accompts, which then were in the said dissolved Courts of Augmentations, should remain in the Charge of the Clerk of the Pipe in the Exchequer, in such place as the Treasurer of the said Court should appoint.

And thirdly, and lastly, The said Clerk of the Pipe, claimeth to have the custody of the said Accompts, by vertue of his late Majesties Letters-Patents, under the Great Seal of England, bearing date the xvth of November, in the Eighth Year of his Reign, they being granted unto him by the said Letters-Patents, under these words: Nec-non officium omnium & omnimodum Comporum Ministrorum Receptorum & aliorum Compor▪ quor-que in Dco sccio Nro haered. & Succes. nostrer. compitab.

And as to the Inconveniencies which have risen to the Crown, or otherwise by the Auditors detaining of those Accompts.

We have not yet seen any of the Accompts remaining with the Auditors, and therefore we cannot so fully set forth the Inconveniencies which have accrued to the Crown and People, by the Auditors detaining of the aforesaid Accompts, as otherwise, peradventure, we might. But those Inconveniencies which we have observed, touching those Affairs, are as followeth:

1 First, By the Auditors, diverting the course of the Exchequer, Receivers and Bayliffs have not been, c [...]lled ad computandum, nor returned to Issues, as they ought, when they declared their Accompts.

2 Secondly, By the Receivers not appearing in the Exchequer, to be sworn to their Accompts, as they ought, they were left at liberty to account onely for what themselves pleased, and to pay it when they pleased.

3 Thirdly, The Debts, and Supers in the Accompts of the Receivers, and Ministers, were not put in demand, by the process of the Court, as they should have been, but slept in the Accompts of the Ministers, and Receivers, sometimes 20, 30, 40, 50, 60, 70, and sometimes 80 years together, and was then bolted forth by parcels, when the Acquittances were oftentimes lost, the parties that paid the money dead, and the Lands thereunto lyable oftentimes sold, to no small vexation of the Subject.

4 Fourthly, There could be no Controll had over the Accompts by any of the chief Ministerial Officers of the Exchequer, as by the course of the Court they ought, neither could Process issue out.

5 Fifthly, Undue, and unsafe Allowances, were made to the Accomptants of their Payments, by Tallies, being never rejoyned, as the Law requireth: through the neglect of which duty, great Inconveniencies have sundry times risen in like Cases: Witness Philips, and No [...]ts, and many more.

6 Sixthly, The Receivers, and Ministers, finding there was no Controll, had over their Accompts, and Payments, were greatly imboldned by such unwarrantable proceedings, to set those good Rents in Super, which they might have commanded at their pleasure, respiting the Recepts of them, till their Years Accompts were elapsed, that so they might pay the present, with the precedent Years Rent.

7 Seventhly, It also imboldened them to return that in Super, upon the King's Tenants, which they had long time before received, and to continue it so, until the Parties were dead, and the Acquittances lost, ut [...]ntea.

8 Eightly, The Crown hath sustained great damage by Auditors, and their Deputies, certifying sundry unwarrantable Re-prises upon the Particulars, which they made forth for the sale of the Crown-Lands, to pass in Fee-Farm, and in Fee-simple, reducing the Yearly value from 40. li. to 6 li. &c. Witness the Records of M. 4. Jac. Ro. 248. ex parte Rem. R. touching Fisher Deputy-Auditor, who being fined 2000 Marks for such Frauds, acknowledged he had done no otherwise, then the rest of the Auditors were wont to do.

9 Ninthly, By the Auditors not delivering over the Accompts into the Pipe, the Clerk of the Pipe hath been ever since 1 Eliz. obstructed in the execution of his Office, there being some thousands of Rents now due to the Crown, reserved out of Crown-Lands, upon Letters-Patents granted in Fee, since 1 Eliz. reserved payable to the Bayliffs, and Receivers of the Premises, accomptable onely before the Auditors, which though not answered for many years last past, could not with safety be put in process, without great hazard of grievance to the People, until a full view was had of the Receivers, and Ministers Accompts, now detained by the Auditors, whether the same Rents be therein charged, or discharged.

10 Tenthly, The Auditors of the Revenue, have omitted to charge the Receiver-General in his declared Accompts, with all the whole Fee-Farm, and Farm-Rents, within their respective Collections, but still continues them in the way of Ministerial Accompts, although there can be no just or reasonable cause for it; charging the Receivers with part thereof onely, and making therein sundry great Yearly Allowances, and Defalcations, with other Discharges; and suffering many great Debts and Supers to remain therein, so long as themselves please: So as in truth, the true state of the whole Charge, and Discharge of the Revenue, [Page] of no one County, is at any time presented by the Receivers Accompts, to the view of the Lord Treasurer, ☜ or any other that shall take the same; and herein will appear a great Mystery.

Divers Accompts depending before some of the Auditors, wherein great sums of Money was due to the Crown, were kept privately sleeping by them for many years together, until both the Ac [...]ompts, and Debts, were pardoned.

Eleventhly, Some of the Auditors have been imboldned to neglect the declaring the Receivers, Ministers,11 and Collectors Accompts, after that they have been ingrossed: And thus it fared with the Accompts of the Dutchy of Cornwall for divers years, in the time of King CHARLES the First.

Twelfthly, Some of the Auditors have neglected, for divers years together, to ingross the Receivers,12 Ministers, and Collectors Accompts; and yet nevertheless have given those Receivers, Ministers, and Collectors, pretended Yearly Discharges for the same, as if the said Accompts had been duly declared. And thus it hath hapned in the Revenue of the Dutchy of Cornwall, for divers years together, in the time of King Ch. the 1. And the Accompts of the Tenths of the Clergy, for 20, or 30 years together; and in divers other Accompts of the New Impositions, taken by the late Auditors of the Impost: And hereof they have appropriated to themselves the several Offices, Trusts, Employment, and Fees of the Lord Treasurer, Chancellour, Under-Treasurer, Chamberlains, Barons, both Remembrancers, Clerk of the Pipe, and Comptroller, and their respective Clerks, making themselves all in all, when, in truth, no one Officer of the Exchequer whatsoever, ought, by the course of the said Court, to be solely intrusted with the Revenue of the Crown.

Now the Conveniencies which will arise to the King, and the People, in case these Obstructions be removed, are briefly, the taking away, and preventing of all the several Inconveniencies, before particularly expressed: For if the Accompts of the Receivers, and Ministers, be Yearly Ingrossed, declared, Entred wth the Remembrancers; and their Payments by Tallies re-joyned, approved by the Chamberlains, then their Accompts, and Tallies, will be delivered into the Pipe, where the Receipts, and Payments, in the Accompts, will be controlled, the Debts and Supers therein be Yearly charged, demanded, and levyed, and paid to the King's use; for which, both Accomptants, and Debtors, shall receive their lawful Discharge. And furthermore, the sleeping Rents due to the Crown (not yet in charge) will be thereby received, and the Clerk of the Pipe will be hereafter, enabled the better to perform the Duty of his Office.

All which is humbly offered to Consideration. January 25th, 1660.

By

Rich. Caril, Senior.

Ben. Wallinger,

William Burnet, Senior.

Nich: Highmore.

William Saterthwait,

Will: Burnet, Junior.

Walter Wallinger.

Several Proposals, and Considerations, further offered by Walter Devereux, and George Carew, unto the Lord High Treasurer of England, Chancellour of the Exchequer, under Treasurer, Barons, and to all the Officers of His Majesties Court of Exchequer, declaring how the Kings certain Revenue may be brought into the publique receipt, by the Tenants, and the Sheriffs of the respective Counties of England and Wales, (excepting the Chantry Rents, Pensions, &c.) according to the antient Course of that Court, Customs, and common Laws of England.

§

THE said Walter Devereux, Vide, The Draught of a Warrant ready prepared, and offered by the Auditours to the Barons, to sign for Messengers, to levy the Kings Rents, although formerly adjudged illegal, at the Councel Table. and George Carew, having lately given severall Proposals (under their hands) remaining with the Lord chiefe Baron, and the rest of the Barons of his Majesties Court of Exchequer; and Mr. Payn, in the Kings Rememberancers Office: concerning the collection of that part of his Majesties Revenue; consisting of Chantry Rents, Pentions, Portions, &c. Wherein they alledged, that there were divers inconveniences formerly suffered, and Abuses done to the Crown, and People of England, by several miscarriages of Receivers, Collectors, and Messengers; as also by Auditours, not duly declaring their Accompts. The scops of all being an Introduction to a further service, intended to the King, and Subject. The Auditors and receivers, unwilling to be brought to a fair Accompt, used their utmost endeavours to obstruct the said Service, and to continue their old practices: who tendred a new Warrant to the Barons for their Approbation, That the Lord Treasurer might sign for Messengers; A strange kind of confidence to frame their own designs, and conclude the Barons Opinions, before they made any report to the Reference upon the former Petition, and Proposals upon the reference concerning the Collection of the said Chantery Rents, &c.

UPON the Dissolution of Abbies &c.A poor Messenger in Yorkshire, purchased Land, worth 300. pound per annum; by exactions, and oppressing the People. There were several Auditors and Receivers, appointed to bring in the Kings Revenue which was then, very great and troublesom, to collect out of several Demisable Lands, Profits of Courts, Wood-sales, &c. which are since reduced to certainties of Fee-Farms and Tenths, being such dry Rents, that neither rise nor fall: Yet (to the wonder of the World (as Sir Robert Cotton observes) although the cause be taken away, the effect continues. And notwithstanding the [...]ings Revenue (in all Counties of England) is brought from one shilling to a peny, yet the supernumerary [...]fficers remain, to the great charge of the King, and grievance of the People.

ANCIENTLY The Sheriff of every County was accountable for the Kings Rents,By return of Clothiers, [...]rasiers; and others that deal in Staple Commodities, being advantagious to the Subject, to pay their money in London, where they sell their Commodities, that are made in those Countries, and where the Cattell are fed, that serves both Countrey and City. and it would conduce much to the Kings benefit, and common good of the Subject, if it were reduced into the same Method. The King would then be certain of his Rents, and the Tenants of a good discharge, and still keep their money in the Countrey, their travel and pains spared to carry their money to Audits. There being several very considerable Fee-Farm Rents (viz.) in Yorkshire, one Fee Farm Rent of 800 l. per Annum. In other Counties many Tenants pay 500 l. others 7, 8, 900 l. per Annum, of Fee-Farm Rents. It is therefore very absurd, unsafe, and chargeable, That the Kings great Rents, should be payd to a Receiver, and he to pay them afterwards into the Receipt; So that when the Auditors, Receivers, Clerks Fees, Dyet, Poundage, Arrears, supers eight thousand pounds respite money, upon Accompt, always left in the hands of one and twenty Receivers, at 3 or 400 l. a piece, and other allowances considered, the Noble is brought to nine pence, [Page] the King impoverished, and those Officers inriched, which hath been the continual practice, ever [...]nce the Auditors and Receivers were appointed, to the dammage of the Crown, many hundred thousand pounds, part of which is not pardoned, That they stand accountable for at this day.

The Proposals of Walter Devereux, and George Carew.

FIRST, Sir Ch [...]stopher Hatton, Mr. Lyons, and Mr Wharton, th [...]ee of the Receivers of the Revenue, are 36000 l. in Arrear, which was occasioned chiefly by the Auditours, not duly declaring their Accompts; so that they paid what they pleased, and when they pleased, being under no controll, that would discover the fraud. That all the Kings Rents shall be charged in the great Roll of the Exchequer. And that the Tenants chargeable with any of the said Rents above 20 l. per Annum, shall pay the same into his Majesties Receipt of the Exchequer, half-yearly, and be discharged of their payments, according to the course of the Court, as by the Statute of 51. H. 3. and 10. E. 1. is directed. And such as fail to pay their Rents, to be levied by the Process of the Court.

SECONDLY, That all the Kings Rents under 10 l. per Annum, in every County (except the Collection of the Chantry Rents) to be charged in the Sheriffs Accompts.

THIRDLY, That the Stewards and Bayliffs of the Kings Honours, Mannor [...], Courts, and Baylywi [...]ks, sh [...]ll take the I [...]sues of their Offices, (or any others, that will give most) at certain rates, (by Lease) according to the Quit-rents, Fines, casualties, and other perquissts that they have yielded for 21 years before the late War, and to pay the said Farms into the Receipt, or to the Sheriff, according to the value respectively.

This being done, the King cannot be defrauded; his Revenue will be certainly payd. The people duly discharged and accommodated. The yearly Accompt (without difficulty) declared by two Auditors. The rest and the 21. Receivers wholly laid aside as useless; All things then remaining upon Record to publique view, for the common safety of King and People.

Arguments raised from the Proposals.

WHEREIN will the supernumerary Auditors, and all the Receivers, be prejudiced, if the King allow them Pensions,The Auditours, and Receivers, in many cases, take upon them the Office of Treasurer, Chancellour, Barons, Chamberlains, and Remembrancers. answerable to their Salleries, and save forty thousand pounds per Annum, to the King and People; As King Henry the 8th did, when he suspended many of them as useless before? Or wherein will the Kings Tenants that pay the great Rents, be prejudiced, if they pay the money into the Receipt, and receive legal Discharges, which are recorded for the security of the People,The Chantry Rents are troublesome to be brought into the Sheriffs Accompts; it is therefore humbly conceived, that that charge is most proper for the Collectour Generall. rather then to trust to Auditors Accompts in their own keeping, or to Receivers Acquittances, which are often lost; and many years after, the Kings Tenants sued and vexed with process causlesly? Or wherein will the Kings Tenants of small Rents be prejudiced▪ if they pay them into the Sheriffs hands, whose Deputies, Bayliffs, and Officers, in every Division, are ready, (at their own doors) to receive them, rather then ride twenty or thirty miles to an Audit, waiting and loosing their time, and often ve [...]ed with Messengers, to the great Outcry of all people throughout the Kingdom? The like convenience will be to the Kings Tenants of the Chantery Rents (as in the Method already proposed by the said Walter Devereux, and George Carew, to the Lord chief Baron? Or wherein will the Kings Honour or Profit be lessened by this Method, it being more advantagious for all men to pay their Rents at home, then ride far to an Audit to pay one shilling, and to eat and drink two shillings upon the Kings Accompt, neglecting their own occasions, to a far greater loss [...] otherways.

Objections raised by the Auditors and Receivers.

THAT the Revenue hath been brought in by them above eighty years,Vide, the Report of Sir Robert Cotton, concerning the Collection of the Queen's Rents under halfe a Crown. That they have Patents for their lives under the great Seal, to receive the said Rents, and Audit the Accompts. That they bought their places at great Rates, That the Kings Rents cannot be so speedily and safely answered by the Tenants, Sheriffs, or general Collectors. And that the Method of the Kings Houshold expences, will not be observed, if the course be altered in bringing in of the Revenue.

Answered by Walter Devereux, and George Carew.

THAT It was never intended,4000. l. per Annum, is now, and hath been for many years paid into the Wardrobe, by severall Fee-Farmers, and other Tenants. that Receivers should be continued in that way of Receipt, after the Rents were ascertained. But that the Revenue should be brought in again by the ancient way of the Sheriffs. As by the Statute de Scaccario made the 5 [...] H. 3. and the Statute of Rutland, in the 10th E. 1. The Kings Pa [...]ents granted to Auditors, and Receivers for their lives, were ex gratia & mero motu, A Receiver for Yorkshire lately gave 1800. l. for his place, a [...] Assignee from, an [...] [...]er. And if they have since bought their places of others, their Advantages must accru [...] to them, from the Injuries done to the King or People. That the Sheriffs of all Counties, are persons chosen to serve the King and Countrey, being Landed men, and of ability there, to answer the King and Subjects dues, they taking Security of the Under Sheriffs, Bayliffs, Deputies and other Officers▪ to be answerable to them for the Issues of their Offices at a day certain. And the Lord Treasurer may design the payments of the Kings Revenue, according to the several purposes ordained.

ORIGINALLY, The Kings Rents were payd in kinde, by Cattle, Corn, Hay, Oats, and other Provisions for the Kings Houshold. The inconveniency of that was found great, for Tenants to bring their Carriages from places far distant to the Court, so then by Agreement, they payd their Rents to the Sheriffs (the grand Officers of the several Shires) who payd the said Rents Scaccario nostro pondere & numero. Allowing 6 d. in the pound, for wearing of the money by often telling. The uprightness of that Age was such, that they accounted the Kings Rents sacred and individual, considering, that the Kings care and charge preserved all men in peace and plenty. And the Sheriffs then, minding the Common-weal, and good of their Countrey, answered the Kings Rents by Proxies at London, who kept correspondence with Factors, Clothiers, Gra [...]ers, and others, trading from all parts of England to the City, and levied the Rents at his leasure. By which means, he promoted Trade, kept the money still in the Countrey, That imployed Spinners, Weavers, and Husbandmen, which otherwise their whole Market money had been carried out of the Countrey by Receivers and Collectors. That came as strangers amongst them.

The Pr [...]mises considered, it remains under your Lordships consideration, whether it be not fit for a Parliament to consult what is most necessary to be done for the advantage of the King in his Revenue, and the Commodity of the People in their payments, and to hear what further shall be proposed upon the whole matter, for his Majesties Service therein, all which is submitted to

January the 29th 1660.

By

Walter Devereux,

George Carew.

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THE Business tending to the well setling of his Majesties revenue, under Consideration of the Lord Treasurer, Anno. 16. Hen. 6. a writ was directed from the King to [...]he Treasurer, and Barons, wherein it appeared that one extraordinary receiver was deemed a Burthen, and unnecessary charg to the Crown, and therefore according to the constant course of the Exchequer, the Court thought fit he should be discharged of his receipts, and transferred to [...]he Sherifs as formerly. and others. The Petitioners not doubting, but the referrees, had been fully satisfied in the Premises, concerning the Collections, and what was alledged in the petition; left it for the Barons to report. And on the 13th. of May 1661. Calling for their report, the Barons desired an information of the benefit intended to His Majestie in the said Collection, some of them having forgotten the perticulars, and also the discoverie of the mis-carriages, and inconveniencies, which had happened by the default of the Receivers, Collectours, and other Officers, relating to the said accounts. Whereupon it was breifly answered by the Petitioners, that in their proposals (concerning the said Collection) left with Mr. Paine, they had offered first, that they would observe such a methode in every County, that the rents should be duly answered without the charge of Poundage, which the receivers had, besides the Collectours fees▪ Secondly, without the charge of 2s. upon every account, which the Auditours Clerks, were allowed for ingrossing the accounts. Thirdly, that they would give good Security to render a perfect Account yearly upon Oath, and return the supers, and upon whom depending, that process may Issue duly out to avoid the charge of Messengers. Fourthly, they would discharge the King of 1500 [...]b. being part of a Debt due by Letters-Patent charged upon the revenue. And lastly, that they would Pay the said [...]ents on the first day of May, every Year, during the said term desired by their Petition, into His Majesties receipt of Exchequer.

And as for the arrears, and supers depending upon the former tenants, and Collectours in the Ministers accounts, and receivers accounts, relating to the same, which were occasioned through the default of the Auditors, and other Officers aforesaid. The Petitioners, then informing the Barons, that they could not so clearly make them appear without an express order to some of the Clerks of the Court, to peruse their last declared accounts, and certifie the same. Several Clerks being then present, informed the Court, that it was a work of time, but for their satisfaction, and upon the earnest desire of Mr. Walter Devereux, one of the Petitioners, being a Member of Parliame [...]t, the Barons made this following Order.

Die Martis xiiii. May 1661.

ORDERED, that the last declared accounts of the Ministers, and receivers in the Counties of Wilts. York-Shire, and Lyncoln-Shire be brought into the Exchequer Chamber upon wednesday 15. of May by eight of the Clock in the morning to be perused in the presence of one of the Auditors Clerks by Mr. Hudson, Mr. Wilkinson, Mr. Carill, and Mr. Burnet.

Matthew Hale.

Edw. Atkins.

Chr. Turnor.

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Notwithstanding Sir Edward Sawyer was unconcerned in the said order for those Counties, yet he appeared the next morning before the Barons, and told them that it was not convenient for the Auditors to bring their accounts out of their Office, or that they should be perused without the Lord Treasurer were first acquainted with the business (pro consequentia) and for that the Barons O [...]der was not Obeyed, the Petitioners desired a further Order, which was graunted as foll [...]weth. viz.

Die Mercurii, xv. May 1661.

ORDERED, That Mr. Harpham one of the Attornies in the Kings Remembrancers Office, Mr. Wilkinson, another Attorny in the Treasurers Remembrancers Office, and Mr. Burnet, one of the sworn Clerks of the Pipe-Office, do forthwith peruse the last declared Receivers Accounts, with the Ministers accounts, relating to the same, for the Counties of Wilts. York-Shire, and Lincoln, or any other Counties, and certifie unto us the Arrears and supers in the said accounts, and for how long time they have been depending their.

Matthew Hale.

Edw. Atkyns.

Chr. Turnor.

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Mr. Kinsman Auditor for Wilts. had no declared accounts in his Office since the 7th Year of King Charles the First. Quere whether the Baron [...]s were satisfied with the Auditors Certificates as they pretended. And Mr. Chislett Deputy Auditor to Mr. Gwin, for Lincoln shire told the Petition [...]rs, they had given the Barons sufficient satisfaction by Certificate under their [...] concerning the Supers, and Arrears in their accounts in December last. And the D [...]puty-Auditor for York-Shire had no declared account in his Office since the 14th. of the late King Charls; But the [...] in persuance of the last Order, caused the last declared accompts to be perused (with much opposition, Sir Edward Sawyer telling the Auditors they deserved to lose their offices for suffering those persons to [...]ook into their Accounts) by the Attornies aforesaid, who certified the Barons the [...] under their hands, as appears before the Barons Report in the 19. page.

To the Right Reverend Father in God WILLIAM By Divine Providence LORD ARCH-BISHOP OF CANTERBURY HIS GRACE, Primate of England and Metropolitane.

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Right Reverend Father in God,

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I HAVE observed in reading the Acts of Councils, and Parliaments, held by the KINGS of England? That they have Supported themselves, repaired their Estates▪ and payd their Debts, by improving the Revenue of the Crown, and lessening the charge of supernumerary Officers belonging to the Exchequer. And although the King hath an absolute Sovereign power in himself to do it without Parliaments; yet he hath usually condescended, in such cases, to advise with the Lords Spiritual and Temporal, and Commons assembled in Parliament. The State held it most just, in the seventh year of King Henry the fourth, to help the King out of his own, rather then burthen the People, and improved his Lands, although in Lease. And also in Henry the sixths time, the King was induced by his Council, to Convey to the Arch-Bishop of Canterbury, and others, all Profits of Wards, Escheats, and Forfeitures, &c. towards the defraying the charge of his House, to prevent the immoderate Requests of importunate Suiters. May it please your Grace, The Creditors that are concerned in the Petition for the improvement of First Fruits and Tenths, of the Clergie, are many and troublesome, and of several Opinions. They have urged me to write these further Arguments and Perswasions to the Clergie, wherein is endeavoured to convince all men, as well of the undoubted Rights and Proportions due to the King from the Clergie▪ as the Rights and Dignities due to the Clergie from the People. Yet I understand the whole scope (of their Grievances) is to be relieved out of the late improvements of Bishops, Deans, Non-Residents, Pluralists sine Curas, and Ministers whose Livings are worth above a hundred pounds per annum. The Method they intend to propose, I doubt not but may please your Grace, since they drive so much at the Benefit of the poore Clergie, and to annex certaine Augmentations for ever to such Livings, and Vicaridges that yeild not sufficient Maintenance, and Encouragement to them that serve the Cure. My Lord, I have a double Obligation upon me to honour the Clergie, above all other Orders and Dignities, therefore desired Moderation, and added some thing of my own short Observations, to the advantage of the whole Hierarchy of the Church (onely consistent with the old and sure Foundations of good Government) in the English Monarchie. And, I question not, but the Cause of the Church, and the Cause of the Widow and Fatherless, will find Audience and Relief in Parliament.

I shall not trouble Your Grace any further, then to acquaint You, I have Printed but a small number of these Papers, to be delivered onely to some of the most Eminent and Honourable Persons of both Houses, and other perticular Friends that have a great sense of the whole Business, and a great Value for the Clergie; there is much more to be sayd and considered, then what I have written: All which I humbly submit to Your most Pious and Prudent apprehensions, and shall ever study to approve my self,

Your Lordships Most humble and Faithful Servant: GEORGE CAREVV.

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FURTHER CONSIDERATIONS, OFFERED TO THE CLERGIE,
Concerning their first Fruits and Tenths, due to the KING, for his supream pastoral Charge (oppugnant to the Doctrine of Rome) Asserting the KINGS Right to the Government of the Church, Vindicating the Bishops Office, Order, and Dignity in England. Justifying Tythes (or bona Sacra) to be the Ministers proper maintenance by Divine right. VVith several Arguments deduced from Scripture, and reason (promiscuously delivered for the satisfaction of all men) proving it both sacrilegious and distructive, to de [...]raud the KING in his Tributes, Rights, or Revenues of the Crown.

WHEN a man reads with Patience,Regibus guber [...]andi Ecclesia [...] honor a Deo Opt. Max. conceditur, non ut Doctrinam sacram ultro immutent, sed, quo e [...] quae praecepit Deus, praestentur sedulo ut prospici [...]nt. and without prejudice, he gives himself the liberty of making a true definition of those things, which comes within the reach of his own capacity to judg. The Church is truly apprehended to be a State and Society of men professing one Faith, serving one God, and confessing one Saviour and Redeemer; being a collective Body of several Parts, and Consistences, indowed with large and Honourable Priviledges (more antient then any Society whatsoever) having Communion with God and Angels; that was visible in the families of the Patriarchs, before, and after the Food, called in holy Scripture, and by the Fathers, a people chosen of God; unto whom his Son, and our Saviour hath manifested those things, which before were kept secret; that this Church hath been strengthned, and confirmed by the blood of Apostles, Bishops, Preachers, and holy Martyrs, against the gates, and Battelments of Hell. That Christian King's, have the supream Government of the Church; from whence Bracton, and our ancient Common Lawyers of England, calls the Kings revenues sacra patrimonia, and saies, Omnis quidem sub rege, & ipse sub nullo nisi tantam sub Deo: so that naturally, from thence (by the rules of Government, and protection) arises, that the Clergie are to pay their tribute to the King as well as the Laity. And they that deceive the KING, deceive themselves, and others.

MOses left this for a Law to remain for ever,Decimae de populo exigi alio nomine non possunt (quae bonae sacr [...]) ut inde sit quo officiae Divina rite a Ministris Ecclesiasticis peragantur. that the Fathers should teach their children what the Lord had done in their days, and to inquire in times past what was done even from the creation of the World, whereby we may truly understand, that God ordained to himselfe, the seventh part of our time, and the tenth part of our increase: Jus permaneat semper nec unquam mutetur Lex vero scripta sepius: Man that is the measure of all things, and hath reason given him to discern between good, and evil; must needs offend against the Law of his understanding, when he deal [...] unjustly with God or man. It was a great offence, and a cursed thing in the time of the Law to remove the Land-mark, and Antient bonds between Neighbour, and Neighbour, by reason of the great unquietness which was caused thereby: how much more do they offend, which remove, and alter the proportion allotted to the service of God, and the Church, and the Antient bounds which our fore-Fathers have set between the King, and his people. And they that deceived the KING, brought the Callamities upen themselves, and the whole Nation.

WHen Saul was made King,Canones ubi jam sancti & ex Doctrina Christianae a legum [...]atoribus imperati fuerint protinus obligant, & apud omnes sub eaditione degentes Divinarum institutionum vim obtine [...]t. the High Priest became a subject, and the first Fruits, and Tenths which were given by the other Preists, and Levites, to the High Priest before, [...]as then vested in the King, having the supream pastorall Charge of the People: it was a proverb amongst the Jews, that paying of tythes was a hedge to a mans possession, and a setled maintenance for perpetuating of religion. Nature teaches men to honour God with their substance. The Heathen themselves, which had not the means to apprehend much, offered the tythe of their Corn, and Wine to their Gods, making payment in kind for the plentifull increase they had, before any use were made of the other nine parts; The Scripture, the rule of our Faith, hath left examples of that particular proportion, most fit to be set apart for the service of God; and forasmuch as the Church of Christ hath entred into obligation; The Statutes and Decrees of the Land injoyning the payment of tyths, it is a vanity, and a superfluous question to despute, whether they be of Divine right. And they that denyed the Kings proportion, ought not to receive their own: the publi [...]ke revenue ought to be preferred before the private.

IT's objected, we are now free from the Law of Mos [...]s, and not bound to pay Tythes any longer; that Christ suffering, and offering up himself a Sacrifice for sin; Aron's order remov [...] from the Temple, and the [...]ffice of the preisthood became Evangelical: it's granted, that the law was fulfilled but not destroyed; the hoc agere was turned into Hoc Credere, yet the Text says, that Heaven and Earth shall pass away, but not on [...] tittle of the Law should perish; Faith is proved by works, and if there wants Charity all is nothing: The Equi [...]able Consideration for Tyths, continues [Page] upon the like conditions under the Gospel, as they did before under the Law? the Priests and Levites took them for expounding the Law, serving at the Altar, and Tabernacle, and offering up the Sacrifices for the sins of the people, the Preachers and Ministers of the Gospel receive the Tythe, and offerings, for administring the Word and Sacraments, teaching the mysteries of Salvation, and offering up Prayers, as daily sacrifices for the People: in the first 150 Years after Christ, the Apostles, and Preachers of the Gospel, were dispersed, and had no settled maintenance but the voluntary contributions of those that imbraced their Doctrine, and some that received their glad tydings of Salvation, sold all that they had, and layd it at their feet. Tertullian, Cyprian, Clemens-Alexandrinus, Eusebius, Irenaeus, and others, writ of their Dyet, Habitation, and apparel, and of severall things indifferent in themselves, which altered with time, and place, according to the Rules of Princes, and established Laws of their Government

The people of God in the Primitive times desired a King to protect them from their Enemies; and by Divine institution Kings were appointed to govern,ovum Testamentum & si sit [...] Christianae Doctrinae sectissima, amen ab authorie Regum vim Legis a [...]cepit. and rule over them, who received the power both Spiritual and temporal into one and the same hand, he made choyce of the Priests and deposed them as Solomon did Abiather, and placed Zadock in his rome, And the Law both Judaicall and Levitical was made Canonicall Scripture, by Josiah: The Rites and Seremonies of the Church after Christ were debated and determined at national Synods, and general Councils, and were made Cannon laws by the Emperours. The Apostles perswaded the people to believe Christ's Doctrines, not upon payn of death but damnation, and taught them to be obedient to their Civil Magistrates for conscience sake, for that an Oath was the end of all strife. The old and new Testaments were preserved by the holy Spirit, and Preached publickly in England in the Year 250.Christus leges nova [...] quibus [...]eremur nullas edidit, sed do [...]nam & monitae, (unde illis) [...]urae immortalitatis gloriae [...]gni evaderemus. The Reverend and Learned Bishops in England in those days, much Honoured for their Constancy, and Zeal in Religion, were summoned to the Generall Councils of Sardice and Nice, and much approved of for their Doctrine all the time of Constantine the Great.

The Originall of the POPE's Usurpation over CHRISTIAN PRINCES.

AS to the English Monarchical Government (under which our Lives,Pontifex Romanus cum minu [...] Dominationis suae ambitum vi [...]ere [...], novum Ordinem societatis Jesu ad causa [...] suam sustentand [...] [...]onstituit [...] f [...]lsis illuminationi [...]us sive novis luminibus populo [...] lementarunt & a legitimis Principibus alienarunt. Liberties, and Estates are best secured by Magna charta, and the Petition of Right) it is agreed there is but one man Supream, all others act under his name, by commision? The Clergie being subordinate to the Prince, having the superiority over them, do submit themselves to his Government in all things according to Gods commands; knowing there is no power but of God, and they are ordained of God; That Kings are the Lords Anointed, his Image upon Earth, Nursing Fathers of the Church, and Princes of the people of God. The Pope or Bishop of Rome usurped his Authority of late times: Emperours and King's formerly elected, degraded, and censured them. Theodoret imployed John the first Bishop of Rome in the nature of an Embassador to Justinian the Emperour, and for exceeding his Commission, he kept him in Prison until he dyed. In the year 679. Pope Agatho besought the Emperour to forgive him the Tribute which the Pope of Rome usually payd for his Consecration. One Almaine Emperour chose Pope Leo the eight, John the Fourteenth, and Benedict the Fifth, and so successicely▪ but as the Emperours did fall, so the Popes did rise: The Pope himselfe will rather renounce the succession of Peter, then the Donation of Charlemane.

The Church of Rome, I [...]re [...]urando Deus in testem ad [...]ocatur, ad [...]oque illius attributae ag [...]oscuntur, atque etiam perjur [...]i [...]index accersitur. once a Member of the true Catholick Church, is fallen from the Principles of the Apostolick, and primitive puritie, both in Doctrine, and Manners, and came to that swelling greatness by six steps Gradatim. The first, by Constantines departing from Rome to Constantinople. The Second by the fall of the Empire in the West. The Third, by the donation of Phocas. The Fourth, by the voluntary Charter, that the Emperour of Constantinople made to Benedict the Second, In the Year 684. The Fifth, by the amity between Zachary Bishop, of Rome, and King Pipin of France, In the Year 751. The Sixth and last step, by the Constitution of Seven Electours, by Gregory the Fifth a Germane born,Christus hic munus regium non obiui [...] sed id curavit ut homin [...]s regeneratos & ad adventun [...] suum secundum gloriosum, pr [...] parat [...]s haberet. and Kinsman to Ot [...]o the Emperour. So the Beast that Obscurely sprung up, increased and became insolently Triumphant over Kings, and Emperours; and sent their Popish innovasions of Doctrine, and discipline into England i [...] the Saxons time. A Foundation layd in Blood, Treason, and Rapine, cannot support a Fabrick from falling to the ground.

IT is in vain to read the Desputations and Volumnes of Bellarmine, and others that writ in the defence of the Church of Rome, Christus nullam hic potestatem regiam exercuit. S. Petrus decet debere nos subjectos esse cujus humanae ordinationi prop [...]r Dominum; sive Regi ut [...]per-eminenti, sive Praeside [...]us, ut qui per e [...]m mittantur tum ad ultionem facinorosorum▪ [...] ad la [...]dem bene agentium▪ [...]goniam ita est voluntas Dei, ut [...] agendo os obstruatis Desip [...] [...]tium hominum ignorantiae. 1. [...]p. [...]. 2. v. 1 [...]. that swept away the mony of England under Colour of indulgencies, that caused the Common people to rob their Children to Inrich the Fryars, and make their posterity poor by such Charity and Devotion, not by the Scripture required: The Church of God is built upon his name and word, that unmoveable Rock; The keys of heaven are Faith, and good works. The people are admitted in, or kept out of the Church by the Ministers of the Gospel, according to the ordinances of God. The Prophets foretold the Jews of a Messiah to re-establish amongst them the Kingdome of God, which was rejected by them in the time of Samuel? This expectation made them obnoxious to impostures, that have had the Ambition and art (by plausible, and false Doctrines) to attempt, and deceive the people: Christ himselfe, and the Apostles forewarned them of such false Prophets, and told them further, that his Kingdom was not of this world; that the Kings of Nations had Dominion over their subjects, but his Kingdom purchased by his Blood, was not to be possessed untill his second comming. The Devil seeks, by suggesting a present Dominion, to weaken the Faith of Christians▪ Saint Peter and the rest of the Apostles had Power given them to teach the people the Gospel, and the mysteries of their salvation, in the Faith of Christ, and him crucified; when Christian Sovereigns were Baptised into the Faith (by vertue of their office) they obliged themselves to preserve the Doctrine of Christ▪ God requiring the account from them, and at their hands, being not only Pater Patirae, but Pater Ecclesiae, therefore Tythes, the patrimony of the Church, should be maintained and kept inviolate by Kings the nursing fathers of the Church.

AMongst the Emperial laws was omitted, the punishment for killing their Fathers, supposing no man to be so horrid [...]y impious and wicked to commit such an act of Paricide against the law of nature. It may be sayd as much, of [Page] those men that Robbed and destroyed their mother,In Concili [...] Generali Vien [...]ensi Ratum est Decretum contra Fratres Mendicantes; eorumque Doctrin [...]m perstrinxit Innocentius Quartus in Decretalibus in Aegliam transmissis, nbi appellantur isti novi Praedicantes, qui docent & predicant contranovum, & vetus Testamentum. In Decre [...]o illo [...]use Statuitur Decimas a Ministris praedicantibus & Ecclesiae Off [...]ciariis nequaquam esse ausere [...]d [...]s. the Church of England; The Pope perswaded the Kings of England, that he was the universal Governour of the Church, and he received the revenue of first Fruits and Tenths from the Clergie which was due to the Crown, and the four orders of Fryars perswaded the people that tythes were given ex debito Charitatis, and not ex debito Justiciae to the Secular Preists, and so got several grants of them to themselves for their Spiritual labours, the other supernumerary orders of Monks and Nuns further perswaded the Layety to make Arbitrary Consecrations of Tythes to their Abbies, and Monastries, and to appropriate several Churches and Lands to their foundations of reputed Clergie, Who by allowing severall salaries to their stipendaries for serving the Cure, gave advantage to Covetous men (upon the dissolution to dispoyle the Church) who took grants of those impropriate Tythes, and turned them into Lay- [...]ees, which was done more through the defect of Councils then any force of Adversaries, in subjecting that Revenue of the Church to their humane titles, supposing the property that God hath in them might be changed to their own uses by such contracts. Whereupon several poor scandalous Livings have since made scandalous Ministers. That in many parts of the North, and West, of England, the Vicars are necessitated to sell Ale, or go to their day-labour, for the subsistance of themselves, and their Families. A grave Spaniard landing in King Edward the Sixths time, neer the Ruins of an old Abbie by the sea coast, perceived a poor Clergie-man hedging in of his Glebe land, the Spaniard to satisfie his curiosity, desired the Vicar to shew him his Church, demanding what was his maintenance, he told him he had twenty Nobles a Year, being some part of God's revenue and inheritance, which was reserved to himselfe; the Spaniard wept bitterly, and gave the poor Clergie-man all the mony he had, saying, That God had not been so provident for his Church in England as in other parts of the World.

The Offices, Dignities, and Possessions of BISHOPS, DEANS, and PREBENDS, VINDICATED.

EPiscopacy was practised in the Apostles time,Vulgvs, ubi Ministros sibi invisos habent, a Religione saepe desciscunt; quare expedit ut Ministri doct [...] juxta atque pii sint quo [...]variis hominū ingen [...]s undique occurrant. and it was the constant Doctrine of all the Fathers, that Bishops succeded the Apostles in the first, and best ages of the Church, and ordeyned Preachers in every City: Presbyterian Government was not thought on, before the Reformation at Geneva, which is Aristocrary. And the Independant sprung up with the New-England Faction; whose Government is Democracy. At the first General Council (after Christ) Bishops were planted in all parts of Christendom; both for the purity in Doctrine, and the safety, and external state of the Church, and have continued, ever since in England, untill these late violent times of Interruption, that brought their Bishopricks into Abeyance and Consideration of the Law. Before the Foundations of Parliaments were layd, the Kings of England called onely their Prelates, and Nobles to Council with them; and the Affaires of the Kingdom, was ordered by Edicts to the Officers, and Governours of the several Counties. King Henry the First, in the Year of our Lord, 1102. invested the Bishops by giving them a Pastoral Staff, and a Ring, testifying that their Donation, was from their Sovereign. The Pope (at that time) questioning the Kings Authority, and Right to investitures; the King sent expressly then to Rome, Herbert Bishop of Norwich, and Robert Bishop of Lichfeild, to acquaint him, that he would rather loose his Kingdom, then his Right, to Donations of Churches. Asius the Oldest Bishop of his time (being about 300. Years after Christ,) framed the Nicen Creed for the whol Christian World. Which much improves the Benefit that the Church receives by Episcopacy.

Bishops have been Antiently Barons by Tenure,Olim digna prosaepia erant oriundi sacerdotes, plerumque fi [...]ii nobi [...]ium minores; Postquam autem ita pess [...]me vaslata est Ecclesia, pa [...]ca f [...]ere praemia quae ad doctr [...]nam extim [...]larent, ita ut multi sacris O [...]dinibus ornati ad s [...]ivam po [...]us am [...]ndari quā ad suggestum Concio [...]orum vocari mercre [...]tur. and had their Votes in Parliament by a double right, the one to advise in framing of Laws, that they were not made repugnant to God's word, and the other for their Temporalities, having Estates and Families of their owne, subject to the Laws and Statutes of the Kingdom. It is a question whether such Prerogatives can be taken away, which were originally annexed to their Dignities, and Orders of their Persons and Offices. By the same Rule the Lords temporal may lose their Privileges, prerogatives, and Preheminences (held of the Crown) which they have above other men? Honours are rather Burthens then advantages, rendring men obnoxious to great expences, and offices do bring more trouble then Profit, not acquiring any thing without Danger or envie; no man should in reason envie his happiness that is rather a steward, and servant to the people, then Master of himself, or his own Fortune. Non nobis nati sumus; every man serves God, his King, and Country, in some Capacity or other, moving in his station accordingly: And since the Bishops have been interrupted, and kept from their Votes in Parliament, there hath been disorders and Confusions both in Church, and State, the Pulpets filled with Blasphemy, the people taugh [...] rebellion, and Witchcraft, the Press open to all manner of seditions, and Heresies, and nothing but violence, and oppression raging throughout the whole Land, no man Considering that the cause of all these Calamities proceeded from the Sacrilege, Pride, Envie, and Covetousness, of those Persons that made such strange returns for all the labours, and Studies of so many learned Divin [...]s of this Kingdom, by whose lives and Doctrines the Crown, and Scepter of England hath been exalted above the Pontifical Chaire, and the people freed from the Jurisdiction, and slavery of the Pope.

The Lands,Primae Seismae & Decimae Regi reservatac, arguunt eas sub illo [...]. and possessions of Bishops, Deans, and Prebends, were given by Pious Kings, and other [...] Benefactours▪ Originally in Franck-Almoyne for the service of God, and the Church, and were insep [...]rably annexed to the offi [...]e and Dignity of those orders, that they might have honourable support, answerable to the great care, and [...]harge they wer [...] intrusted withall. Their Maintainance ought to be sufficient to keep them from Corruptions, and Sinister affections, and to do acts of Hospitality, giving good examples to all men. Poverty breeds Contempt, although the persons have extraordinary parts, and deserts above other men. The meanest Corporations, and Civil societies of [...]en, are allowed their Presidents, Mayors, Councils, and Officers, to bear rule, and Government over the rest, and they hold their Authority by the Kings Charter. It were very unreasonable in Cities, Provinces, and [...] ▪ to deny God a reverend Worship and esteem, and the King his Prerogatives, in governing the Church according to order, and deacency. The Heathen when they would secure their Treasure from Violence, layed it in the Templ [...]s, Consecrated to their Gods, knowing that the most inhumane men amongst them would not take any thing out of those places that were dedicated to their Deities.

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THE CONCLUSION.

THE Church is that in which men hope for Salvation (united under a visible Government) here, and triumphant in Glory hereafter, going under divers elogies, both in Heaven, and Earth. That several Ministerial Officers subservient in the Church militant, were ever allowed a sufficient, and Honourable Maintenance, according to their order: In England, before the Establishment of parochial right to Tythes; Barons layed foundations of Churches at their pleasures, claiming onely a right to the Advouson, and upon lapse to the King as Patron Paramount, he presents to the Cure an Incumbent; being lawfully ordeined, the Bishop institutes, the Arch-Deacon, &c. inducts. He then claiming a free liberty to perswade the People (by Preaching) to Faith, and repentance, obedience to Princes, and love one to another, which is the fulfilling of the Law, and by the ordinance of God and man, he so becomes intitutled to Tythes, as his free-hold, for Administring the word and Sacraments to the People. Yet the unworthiness of Ministers doth not make the word unprofitable, or the ordinances uneffectuall: they may convert others, yet be themselves Reprobates; and by Coveting more then their owne, they have lost a great part of that which was their due by Divine right. What Kings have endowed the Bishops, and Dignitaries of the Church withall, they receive in a double Capacity, both as Spiritual,Ignorantia aliquos reddit Impudicos, alios vero Morigeros. Scientia aliquos instat, alios deprimit. and Temporal persons, substituted to govern, and rule under the King, over the rest, contrary to the Doctrines, and erronious opinions of Rome.

The Orthodox man blushes for the Generation that are not ashamed of themselves for abusing the World, under a colour of Religion, making in a wrong sense, Godliness their greatest gain. He stands amazed at another sort of men (Libertines) that were Proud, Malicious, and Covetous, who struck at the very root, giving the greatest blow to the Church that ever was given,Protectio trahit Subjectionem, & protectio mutuam trahit Subjectionem. Illi qui seme [...] ipsos ab authoritate Regia eximi nituntur aut sacram ejus personam Calumniis▪ incursant, proculdubio erint obruti, & eorum Posteri ad Internecionem deleti. by any that profest themselves Christians. They were Emperick States-men (ignorant of Natural Philosophy) destroyed mutual societies for want of Learning, and Knowledg; they descovered their own weakness, and followed an Ignis Fatuus, shewing they were as unskilfull to Govern as unwilling to obey, those were the Men that obstructed the payment of the Kings Debts to Orphans and Widows: They received the Kings Revenue, and built large Houses upon Church-Land, and made other improvements to Ministers with the Creditors Money; what is come to the Hand of the Clergy out of such improvements, beyond the ordinary and usuall Tenths, Fines, and ancient Rents, being divided between the King and these poor Creditors, or at least his own just proportion out of the improved value, according to Law, would give a great satisfaction to all moderate Men; otherwise people will say, That Covetousness is great Idolatry, and if it be in the House of God, what will not the Wicked do, those Examples being brought in to Presidents.

If some Tenants have forfeited their right of improvement, for want of Allegiance to the King, or that they have, under a force, purchased to preserve their Possession, or otherwise justly offended God, and displeased the Clergy, and lost their Tenant-right; these poor Creditors that Petition the King for part of that improved Revenue which in charity belongs to them, &c. and have not been guilty of any misdemeanour against his MAJESTY, ought in Justice to be considered, which hitherto have been wholly neglected, and dealt unkindly withall by the Clergy about Leases, all which is left to their own Considerations. And whether it was the intent of the Donors, that improvements made by Violence and Rapine, should go to the Church or the Exchequer, is left to Divines and Lawyers to Judg; and whether they that detain the Kings Rights and Revenues which should go towards the payment of His Debts, be not as guilty of Opression and Cruelty, as those Violators of Religion and Law, were of Sacriledge, and injustice, is left to the World to Judge.

SEVERAL CONSIDERATIONS Of the CREDITORS OFFERED (To the Lords, and Commons Assembled in PARLIAMENT) Concerning the KING'S Revenue, and the Debts OF THE CROWN.

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1. A Business wherein all men are equally concerned, seldom any man makes it his particular care to follow, which hath been the cause that so often good purposes fall to the ground; most men minding their own private interest before the publick good of their Coun [...]ry, for which they are chosen, and trusted.

2. Many Men of abstruce learning, and great abiliti [...], do rather please themselves with their own speculations, then look into the other concernme [...]ts of the World; by managing those affairs which may advantage the King in his revennue, or the people in their trade.

3. When the Kings present wants are considered, the greatness of his debts, and the complaints of so many grants, it may not be unseasonable to enquire if some men were not executors in their own wrong, and that divers have built upon other mens Foundations, to the great grievance of these which have suffered, through Violence, and Oppression.

4. Those riches, and honours fall not out of the clouds (but are acquired by honest art, ingenuity, and fidelity, to the Crown) which are permanent, yet [...] she Crown be indebted, those persons are deficient that do obstruct the paiment of the Kings debt, by keeping back [...] proportion of money which should contribute towards the discharge of the Kings obligations.

5. Antiently the Nobility, and Gentry, brought in the chief revenue to the King, holding most of the Lands in their possessions, by Knights service, and [...], which yielded Wards, Marriages, Reliefs, and several services to the Crown, the trade of the [...] improved the Lands from 5 shillings an a [...]re, to 15. The Barons, and antient Gentry have parted with [...] Merchants, and others that have raised their Families, by industry thirst, and such like enterpris [...]s [...] those purchasers were abated considerably in regard of the tenures, which upon the foundations of law yielded [...] advantages to the King. And the Creditors parted with large sums of money upon assignments of the pro [...] of that Court,▪ which cannot now be considered but out of the improvements in the Exchequer, or the several [...] hold the Lands, which reape the great benefits by taking away the Court of Wards, and Purveiances.

6. Formerly the Kings of England con [...]erred great offices of trust,Before the Law of Property there was [...] theft, but since the positive Law was established. Men know there duties, and the penatties, for Transgressing them. upon the Clergy and called them to the Council table for their W [...]sdom, [...], Religion, and experience. And they, gave them charge of the great Seal, Treasury, &c. yet some of them were defective, and put upon the Kings mercy by Parliaments, for wasting the revenue of the Crown. The Lords temporal have likewise been often censured for procuring large proportions of the Crown Lands to themselves, and their relations.

7. There hath been Laws in force, that the mover of any gift, or the procurer of any grant, should be fined the double value, until the Kings deb [...]s were paid. And, in the Lord Burleighs time, a Customer of London was fined a considerable sum of money for farming part of the Queens revenue at an undervalue, to the prejudice of the Crown, and the damage of the people.

8. When the debts of the Crown were not so great, nor the wants so many, an Ordinance was made pro hospitio Regis in the 3. Year of Edward the 2. and Cardinal Walsey afterwards amended the Books of orders, called Aulae Regis The motive whereof was Al Honneur de dieu, & a H [...]nneur, & profit de saint Eglise, & al h [...]nneur de Roy, & a son profit, & au profit de son peuple &c. Henry the 4. caused his Son the Prince, and the rest of his Councel to ordain such moderate Governance of his house that may continue au plaisir, de dieu, & du peuple, to preserve the Kings honour, and prevent secret waste.

9. It was a question put to a noble man in Henry the 3s. time, whether Honour, or Religion tyed him most to the service of the Crown,The Laws of England were ever a [...] campted the Image of Wisdom the force and strength of [...]reason, and Argument. The Statutes passing the test of all estates, are likened to Gold thrice refined. he answered, they were individual Concommitants, and had equal operation upon persons of worth, and understanding: Honours being sacred orders, and are used both as Sheilds, and Ensigns, and they are obliged to defend the cause of the Orphan, and Widdow, next to the Honour of the King, of whom they hold their Dignities. The King preserves the Law in its, Force, and Vigour, by his subservient Ministers of Justice, whom all Estates are bound to observe; And in token of subjection, the Prince himself disdained not the old Saaxon word Ichdien, I serve; The chief Justice in Henry the 4. time, committed the Prince for Contempt of the Court, and upon his complaint. The King greatly rejoyced that he had such a Judg, that durst administer Justice upon his Son, and that he had such a Son so gracious as to obey: and afterwards Kings Henry the fifth himself charged the Judges to minister the Law indifferently, that the oppressed might be eased by speedy Justice, and the Offendors discouraged by Judgment executed, that the Land might not longer morn for the iniquity of former ages

[Page]10. The certain Revenue of the Crown was surveied, and sold by the late pretended powers, wherein many Fee-farm [...]ents, that before were continued as supers, in the Auditors books, and receivers accompts, The purchasors made good to themselves, which the King was either defrauded of by Auditors, receivers, collectors, Bayliffs, or tenants;This revenice might be reasonably [...] 10 300000. pounds per annum, and upwards, upon [...]. A prerogative which every private per [...]son assumes to him [...]self. And upon inquiry into the revenues, and profits, issuing out of all his Majesties Honours, castles, Mannors, Lands, possessions, demeasn-lands, rents, customary rents, fee-farms, farm-rents, and tenths reserved upon Charters, or letters Patents of perpetuity, granted from the Crown (which made such a noise in the World) considering the vast charge, and expence of Bayliffs, Stewards, accomptants, Auditors, Receivers, Bedles, Collectors, and other that are paid out of the Kings money, besides allowances to stypendaries, and sallaries, to Vicars, chorals, Curates and Chaplains to Hospitals, and free Schools; for procurations, and Synodals, to Arch-Deacons, and stypends to Auditors Clarks for writing their accompts, and perpetual Pentions, Annuities, and Corrodies, and yearly fees to Constables of Castles, Keepers of houses, Parks, Forests and Chases, Surveyers fees, Woodwards fees, Reparations, respites, and other allowances incident to this receipt, upon examination it was found, that there came not clearly into the Kings Coffers above 97000 pounds per annum, but into the purchasers purse, far greater sums; so that most of the Kings small rents, as now ordered, are rather burth [...]nsom then advantagious to the Crown, the King having granted away his wardships, Reliefs, Marriages, &c. for which tenure many of those rents were continued.

11. The Tenants and common people of England ought to be kept in love and strength to serve the King.English Men are to be led not drawn. The State and Majesty of the Kingdom also to be continued that the King may be feared abroad, and honoured at home: And if the revenue formerly had not been intercepted, exhausted, or misapplyed, those many evils upon all estates of the Kingdom had been prevented.

And if the Parliament did seriously consider, that the Kings wants, and engagements are as well encouragements to Enemies, as dishear [...]ning to Friends, they would labour to fill his Coffers out of his own, and annex a revenue inseparable from the Crown, answerable to the support of his Majesty, the defence of the Kingdom, and that also might reward his Servants, by sufficient pentions out of his Exchequer, rather then to give away old Lands of the Crown, or new Escheats, and forfeitures, which come by Gods gift, to preserve Justice, and Equity, and the splendour of the Royal Family.

There be many millions of people (in England and Wales) represented onely by the King (in Parliament) that have not fourty shillings per annum free-hold, nor their voices in Cities, or Burroughs at Elections; who were born loyal, and suckt in Alleagiance with their Mothers milk, their constitutions naturally inclining, and submitting to the King, and are most willing to pay the Excise for ever, out of their labours, and Bowels, if the charge in the collecting of it, might be payed by those that receive the benefit, and allow nothing in recompence for the Court of Wards, and purveyance to the benefit of the Crown, or Advantage of those Creditors to whom, the profits of the Court was assigned by the King for money lent upon that security.

12. Solomon saith, That money answers all things, & oppression makes wise men mad. Honours are but small additions, if they must be supported by the people, and the persons that wears them exceeds not others in Virtue, and Merit, as well as in order, and title. Men of true learning, and understanding, do good offices for goodness sake, and study the benefit of their Country, by easing the burthens of the poor, and yielding comfortable maintenance, and encouragement to them that make others rich, and honourable by their labours. In Italy, Princes, and the rest of the nobility, account it no indignity to deal in Merchandizing affairs, in other parts of France, and Germany, far remote from the Seas, where they live, not so plentifully, they esteem it below their quality, and out of a Custom, choose rather to put their younger sons into the Wars, then adventure them for wealth, and experience into the World abroad as Merchants, which hath given such advantages to the Hollanders to engross the trade, and money of Vrope into their hands:The old Dictate confirmed that the Co [...]niers hath it on their Back. the Citizens in their Books and the [...] in their [...]. And its observed that Church-men of these times, are not so publique spirited as in the former ages, which makes money so scarce, and Citizens complain of them as much as their Tenants, and the whole Nation for their unkindness to the King, not rendring him the tenth part of that he willingly, and freely gave them of late, which the King might have kept in Commendam many years together, as Queen Elizabeth often used to do. The Church of Rome takes the advantage of raising considerable sums of money, by Ecclesiastical offices, and dignities, above the degrees of secular Priests, which claim tythes ex condigno, from God and the people, the others ex dono from the Pope, and his favourites, therefore no symoney in opinion, where the benefit accrues, to a Common Good of the Country.

Lewis, the 12th. of France, that was called the Father of his Country, raised a considerable revenue by offices that were not Judicial; and Charles the fifth prescribed it to his Son as a rule, in his last Instructions, drawing His ground, and reason, from the practise of the antient Romanes, for that the Fees of writs, &c. were as trespass offerings, and ought to come into the Publick Treasury, rather then into any private Purse, to enrich particular Men.

Those potent States abroad that were raised by the aids, and supplies of the English Crown, took the boldness, and liberty not onely to revile King James, and the King of Denmark (terming them Bankrupt Princes) but also insulted over their subjects, in the Indian Plantations, &c.) And in derision of the English Nation they would usually say, the Dutch Merchants had gold Chains to reach from Amsterdam to Whitehall, which would purchase any advantage in Commerce, or expiate any Crime, and misdemeanour in their dealings, which gave them great encouragement in their subtil and cruel practises to the prejudice of the King, and Kingdom.

We the Creditours of Sir Paul Pinder, and Sir William Courten, and so consequently the Creditors of the King, are bold (out of necessity) to ask the Lords spiritual, the Lords Temporal, and Commons assembled in Parliament releif, for the money so long detained from us, and if those things which are proposed, be not by Your grave Wisdom, thought fit to be improved towards all the Advantages mentioned, in the several Petitions, Arguments, Proposals, and considerations; We leave it to your Honours to finde out some other expedient that may answer the Expectation of God, and the World.

Richard Banks,

Thomas Coleman,

William Smith,

Thomas Gould,

On the behalf of our selves, and the rest of the Creditours.

The Creditors APPEALE, To the KINGS most excellent MAIESTY, and the LORDS of His most Honourable PRIVY-COUNCIL, CONCERNING The Island of BARBADOS, and the Ship Bona Esperanza, taken by the Dutch, Anno 1643.

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TO relate all the services, and good offices done (to the Crown, and People of England) by Sir William Courten, and Sir Paul Pinder were to write Volums in their praises. And to shew what Honour they did the English Nation abroad, what advantages they brought to the King, and Subjects at Home, what encouragements they gave to Seamen, and Merchants for encrease of Shipping, and Trade; were a just reprehension to some, and a recrimination to others, that by indirect practises, have brought great Miseries both upon the Families, and Creditors, of those two worthy Patriots of their Country.

In the Year 1626. Sir William Courten, sent Captain Henry Powel, Commander of the good Ship called the William and John of London, with six and fourty Men of several Handycraft Trades, to plant and possess the Island of Barbados, which was not before inhabited by any person whatsoever, either native, or others. The said Captain Powel having landed his Men, and taken possession of the Island for Sir William Courten, continued with them upon the Island, the space of a fortnight, in which time they cut down some Woods, and built some small Houses for their present conveniencies; He then left them provisions, and sailed to the Main upon the Coast of Guyana, and furnished himself with roots, plants, fowles, Tobacco-seeds, sugar-canes, potatoes, and other materials, and brought along with him thirty two Indians, which he placed upon the said Island, who taught the English to plant the said roots, seeds, &c. (the first that ever was planted there.) Sir William Courten sent another Ship called the Peter, with a Pinnace called the Tomasine, commanded by John Powel, wherein were threescore and ten Men and Women, with several materials also for planting the said Island for Sir William Courten aforesaid, who were all landed there before Captain Henry Powel returned for England, and had built a Fort called the plantation Fort; That in the Year 1627 Sir William Courten set up the King of Englands Colours, placed a Governour, made Constitutions, and Ordinances there, according to the Laws of England, having procured a Patent, from King Charles the first under the great Seal, in the name of Philip Earl of Pembroke, in trust, to countenance the said Government, and Plantation. And before the Year 1628 they had built three Forts, 100 Houses, began five plantations, viz. the Corn Plantation, the Indian bridg, the fort, the Indian East, and Powels plantation, all which was done at the proper Cost of Sir William Courten: that about the Month of April 1628, the Earl of Carlisle, having a patent of the Charebe Islands, sent a letter, directed to Captain John Powel, and Captain William Deane in Barbadoes, and to others there, entreating them to give entertainment and respect unto Captain Charles Wolverstone, whom he had sent thither with several men from London, hearing it was a hopeful Plantation, and to joyn with them in it. The Earl of Carlisle engaging himself upon his Honour in the said Letter, that the said Wolverstone and his men should not give them any occa [...]ion of offence or trouble in their said plantation; not suspecting any prejudice from English-men, coming from a person of Honour, they entertained Wolverstone and fourty men or thereabouts with him: who seduced the people, under pretence, of greater privileges in the said Island, and seized the forts, and took Captain John Powel Prisoner, and others that would not adhere to them. Then Wolverstone declared that he was there as Governour of the said Island for the Earl of Carlisle. That in the Year 1629 Sir William Courten sent Captain Henry Powel again in the good Ship called the Peter and John, with a 100 men well provided with Arms, who took the forts, released John Powel and the rest of the Prisoners, and brought the said Wolverstone away Prisoner to London, by virtue of a Warrant under the hand and seal of the said Earl of Pembroke. The said John Powel and his Company afterwards continued in the quiet possession of the said Island six Months or thereabouts; and then one Henery Hawley arrived at the said Island in a Ship called the Carlisle, and invited the said John Powel with others to an entertainment on Ship-board, who seized them and carried them away Prisoners to St. Christophers, and sent a company of leud persons from thence, and daily supplies from other Merchants of London, who usurped the whole Island, and Government from Sir William Courten and his Company, contrary to the Law of God, and Nations. That several persons who refused to joyn with the Earl of Carlisle, or those that pretended to have the Power under him were stigmatized, whipt, imprisoned, and shot to death: And then several men of mean quality, understanding the condition of the Island, took advantage of the times, and went over with a company of loose and idle persons who possessed themselves of the said Island, and plantations, and out of the vast expence and charges of Sir William Courten and his endeavours, they have gotten great estates, but have yielded no satisfaction, either to Sir William Courten or his assigns, notwithstanding the said Sir William Courten had two several Judgments against the Earl of Carlisle, and Wolverstone, upon trials in the Court of Admiralty, concerning the propriety of the said Island. The Power of the said Earl of Carlisle being greater at the Council table then Sir William Courten or his interest, the complaint was suspended, and the Dammages, which were then thirty thousand pounds and upwards, wholly detained by those that intruded and disseized the said Sir William, and his servants of the said Island, and plantations.

About five Years after Sir William Courten died, and left several Factories, in the East Indies, to William Courten his onely son and heir, and his sole Executor, who took upon him the execution of his Fathers Will, and joyning with Mr. Thomas Kennistone, and others, sent several ships, with Merchandizes to the East-Indies, for supplies to the rest, and in the Year 1642 the good ship Bona Esperanza of London, being fraughted by the said William Courten and his Compartners, making a trading Voiage between Goa, in the East-Indies, and Macco in China, in the month of June 1643 the said ship was set upon by two Dutch-men belonging to the states of the low Countrys, and the East-India company of Holland, and after the loss of the said Master of the said ship, and several seamen slain out-right, with eleven more wounded in the defence thereof, the said ship with all her Merchandize, was then taken and disposed of by the said two Dutch-ships of Amsterdam, whereby the said William Courten &c. were damnified to the value of threescore and fifteen thousand pounds and upwards, besides the great loss and utter ruin of several men, women, and children, whose husbands and Fathers were killed in the said service, all which is sufficiently proved, upon record, under several testimonies, of authentick witnesses taken upon Oath in the Court of Admiralty; since which time there hath been applications made to the East-India Company of Holland for satisfaction, but they being so powerful in their own Courts, and by their influences in others, that there hath been no restitution as yet made for the loss and dammages of the ship, Life, or goods to the said W. Courten, or his Compartners aforesaid.

And for as much as Sir Paul Pinder, and two other Persons of Honour, became bound for the said William Courten for 126000 pounds, and furnished him with several considerable sums of money to keep up his credit, and expected certain returns also from the East-Indies, for their satisfaction, having his partes assigned to them for Counter-security, which are wholly disappointed whereby it is evident by this, and diverse other former sad examples, that many of this Nation have been distroyed by such like attempts of the Dutch.

The premises considered, and for as much as Sir William Courten and Sir Paul Pinder were such memorable Merchants, so good servants and Subjects to the Crown of England, so great Benefactours to the Church, and such instruments in the Common-Wealth, and that it hath been already a great reflection upon the Honour of the Nation, and a great discouragment to others in following their Examples, for being so slighted; it is therefore the humble request of all the Creditors, that since these and other sad misfortunes have befallen the Heirs, and Executors of Sir William Courten, and Sir Paul Pinder, by the violence of these last 20 Years at home, and their great losses sustained by Violence abroad, besides the Debts due from the Crown; that for the relief of many hundred poor Men, Women, and Children, Your Majesty would be greciously pleased to take the same into your most pious consideration, that a select Committee of twelve Lords, and Commons in Parliament may be appointed to examine the whole matters of fact, and make a report thereof to Your Majesty, and Your m [...]st honourable Privy-Council, to determine what in Justice the said Causes, may, both from the said Planters of Barbados, and the Dutch East-India Company, according to the Laws of Nations, and the common protection due from Soveraignes, to their Loyal Subjects, be reasonably required.

EPILOGUE.

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TO reflect upon the late Distractions of the Nation, The great Debts of the Crown, or the sadsufferings of the Creditors, were to Arraign all mens Actions: that transgressed the rules of Law, and Equity In the English Monarchy (a Government comming the nearest to Perfection in this Transitory World) The KING in his Politick Capacity is not improperly likened to God, for Justice, and Immortality; its observed therefore that he neither dies, nor does any Wrong, and that from the KING the Fountain of Honour, and Justice the Laws like Streams are conducted by the Judges, and dispersed to the people, and the sacred Ordinances, by the Ministers of the Church, to their several Cures, so essentially springing from that Bottom, the two main Pillars of good Government, Religion, and Law, the two inseparable supporters of Regal Authority: The Currents were stopt by defect in the Pipes. The Fountain, was not dry, nor the Streams, but the aquaducts failing, when they plunged themselves, and others into a Deluge of Miseries, and disorders; living upon the spoils of the Crown with so many hundred hands in the Kings Purse, that minded not the support of his royal Estate, nor the ordinary protection of the People; which brought those Persons into extream wants that supplyed the King with Money for his necessary occasions. The Wits and Inventions of other Men were chiefly taken up about riches, and Possessions ef the World, streaching some things beyond their latitude, and depressing others from their Force, and Power, which caused the Oppression of ehe Kings Creditors (which now lies under Considerations of Parliament) either to be satisfied by a general Contribution, of the Nation, or by improvement of what they have Proposed to the King, or by the revennue in the Exchequer chargeable with their Debts.

KING CHARLES the first (of ever blessed Memory) asserted the due Honour of the Clergy, the Rites, and Government of the Church, and his other praerogatives also (which were not granted by the People that were reserved to himself, when the positive Law of Nations was first Established) he maintained with Zeal, and Constancy to the last. Affirming that no Man could be exempted from Obedience, and Subjection under the Government of Kings any more then Children from the Obedience they owed to their Parents, by the Laws of God, and Nature. And that in the Estimation of right understanding Men.

They are very vnworthy, and vngrateful to their Prince that seeks to defraud him in any perquisite or revennue of the Crown, who studies daily at Court how to preserve them in Peace, and Prosperity from Enemies at home, and abroad, He that takes the value of a shilling from any Mans person upon the Road, dies without Mercy, and he that Counterfeits a single Penny suffers Death by the Law; yet he that robs God, and the King his Vice-gerent goes unpunished for Offences of Fraud, and Sacrilege which hath brought all the sad Calamities both upon Church, and State.

If by this indigested Discourse (being straitned of Time) I have incurred the Displeasure of some, or the hard Censure of others, I can justly answer them both, that it was neither prejudice, nor intrest that engaged me, but Zeal to my King, and Countrey, and the miserable deplored Condition of several Orphans, and Widdows that daily called upon me as administrator to seek some seasonable Releif after so many Years sufferings, and forbearance of their Debts; And by this way of improvement: I fear not but their Cause will finde Patrons, and Advocates, if they consider rightly the Benefit, and convenience that all Estates may reap, where the whole Design looks towards the Glory, of God, the Honour of the King, the Advantage of the Clergy, and the prosperity of the whole Nation, to which all Men should subscribe.

Connecta pacis Deo concordia vinctus. Gratia soli Deoque Gloria. GEORGE CAREW.

§

§

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Some Objections have been raised against the particulars following, which shall be fully answered, and further invincible reasons given, and expedients offered to the Parliament, in convenient time, which will appear conducing to the benefit, and advantage of the King, and Subject.

Some Obstructions have been met withall from several persons that would rather continue mistakes, and keep those things in obscurity, which ought to be brought to Light, and discoursed properly to a Parliament.

Some Grievances there may be deser [...]ed, upon due examination of the Contents, which cannot properly, be relieved any where, but in Parliament, unto whom the persons concerned, do make it their Humble desires that A Committee may be appointed, to debate those things which may give a General satisfaction to the Nation, and a speedy remedy of several abuses, and inconveniences, daily suffered by the King, and Kingdom.

THE CONTENTS.

AN Epistle to the Lord Chancellour: Lord Treasurer: and the rest of his Majesties most Honourable Privy-Councel. 3.

A Preamble to the whole Treatise and Proceedings. 4.

A Petition of Walter Devereux, and George Carew for the General Collection of Chauntry rents, pentions, portions, and forein rents, in England, and Wales. 5.

The Lord Treasurers referrence (upon that Petition) to the Barons of the Exchequer, and others. ibid.

An order of the Barons, on the Lord Treasurers Referrence 8.

The second Order of the Barons, in relation to the Lord Treasurers referrence ibid.

A Methode of the antient way concerning accompts in the Exchequer. 9.

A Certificate of the sworn Clerks of the Pipe concerning the accompts, and miscarriages of Auditours, Receivers, and Collectors. 9. 10.

Several Proposals, and Considerations of Walter Devereux, and George Carew offered to the Lord Treasurer, and others touching the Kings certain Revenue, how it may be brought into his Majesties Receipt of Exchequer without Charge 11. 12.

The Barons Report, upon the Petition, and Referrence, concerning the Collection of the Chauntry rents, Pentions, Portions, &c. 13.

A Petition of George Carew, John Culpeper, and Thomas Gould, for a Patent of the first Fruits, and Tenths at 60000 pounds per annum rent, for the term of one and thirty Years. 5.

The Arguments, and Propositions, annexed to the Petition concerning the improved values of first Fruits, and Tenths, of the Clergy which ought to be paid to the King. 6. 7.

[Page]An Epistle to the Arch Bishop of Canterbury. 14.

Further Considerations offered (by the Creditors) to the Clergy, concerning their due payment of first fruits, and tenths, to the King. 15.

The Kings right to the government of the Church, and the original of the Popes Usurpation over Christian Princes. 16

The office of Bishops, and Dignitaries of the Church of England vindicated. 17.

The Inference, or conclusion from the Considerations offered to the Clergy. 18.

Several Considerations (of the Creditors) offered to the Lords Spiritual, the Lords temporal, and Commons assembled in Parliament, concerning the Kings Revenue, and the debts of the Crown. 19. 20.

An appeale of the Creditors, to the Kings most excellent Majesty, and the Lords of his most honourable Privy-Councel, concerning the island of [...] and the Ship Bona Esperanza taken by the Dutch. 21.

The Epilogue 22.

FINIS.

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Information about this book

Title statement

A retrospect into the Kings certain revenue annexed to the crown under the survey of His Majesties court exchequer : with the proceedings upon two sevral petitions presented to His Majesty, concerning the chauntry rents, &c. and the first fruits, and tenths of the clergy ... / by George Carew.

Carew, George, Esq.

Edition statement

1661

Publication

Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI ; Oxford (UK) :

Date

2005-03 (EEBO-TCP Phase 1).

ID [DLPS]

A34093

ID [STC]

Wing C550

ID [STC]

ESTC R24253

ID [EEBO-CITATION]

08096264

ID [OCLC]

ocm 08096264

ID [VID]

40838

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Early English books online.

Notes

(EEBO-TCP ; phase 1, no. A34093)

Transcribed from: (Early English Books Online ; image set 40838)

Images scanned from microfilm: (Early English books, 1641-1700 ; 1225:3)

Source

— A retrospect into the Kings certain revenue annexed to the crown under the survey of His Majesties court exchequer : with the proceedings upon two sevral petitions presented to His Majesty, concerning the chauntry rents, &c. and the first fruits, and tenths of the clergy ... / by George Carew., Carew, George, Esq..

Extent

24 p.

[s.n.],. London :: Printed Anno Dom. 1661.. (Reproduction of original in the Cambridge University Library.)

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