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
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 THAT whereas in the 26 th year of King Henry the Eighth 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 Presentâ—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 and Enacted by the Authority aforesaid That the Kings Majestie his Hâ—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 Prevâ—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 7 th 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 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 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 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 miâ—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 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 and have so continued ever
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 Graâ—â—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 Prâ—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 THE Business tending to the well setling of his Majesties revenue under Consideration of the Lord Treasurer 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 13 th 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 â—b being part of a Debt due by Letters-Patent charged upon the revenue And lastly that they would Pay the said â—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 Parliameâ—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 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 Oâ—der was not Obeyed the Petitioners desired a further Order which was graunted as follâ—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 Mr. Kinsman Auditor for Wilts had no declared accounts in his Office since the 7 th Year of King Charles the First And Mr. Chislett Deputy Auditor to Mr. Gwin for Lincoln shire told the Petitionâ—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 Dâ—puty-Auditor for York-Shire had no declared account in his Office since the 14 th 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 â—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 Right Reverend Father in God 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
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.
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. 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 occaâ—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
rejoyned as the Law requireth through the neglect of which duty great Inconveniencies have sundry times risen in like Cases Witness Philips and Noâ—ts and many more 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 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 â—ntea 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 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 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 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 Acâ—ompts and Debts were pardoned Eleventhly Some of the Auditors have been imboldned to neglect the declaring the Receivers Ministers 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 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 25 th 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 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