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 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. 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 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 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 and Kinsman to Otâ—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 iâ— 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 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 horridâ—y impious and wicked to commit such an act of Paricide against the law of nature It may be sayd as much of those men that Robbed and destroyed their mother 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-â—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 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 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 taughâ— 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 Divinâ—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 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 insepâ—rably annexed to the offiâ—e and Dignity of those orders that they might have honourable support answerable to the great care and â—harge they werâ— 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 â—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 Templâ—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 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.
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 ANSWER 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 8 ths 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 Clergâ— 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 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 and do dayly take advantages for their Tythes of new Tillage and other â—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 part of the debt due from the 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 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 or care of Collection of the First-Fruits 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 of confeâ—â—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 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