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
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 â—â—hear the Petitioners proposals and what security they would give to ascertain those rents and upon thâ— whole matter to certifie his Lordship our opinions what is best to be done therein for his Majesties Serâ—â—e that in preparation for our better Information in the Premises the third day of this instant December wâ— 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 reâ—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 saâ—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 â—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 Suâ—â—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 â—nd the regular and just proceedings therein according to the course of that Court We do further order tâ—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. Paynâ— Matthew Hale Edw. Atkins Chr. Turnor At which time and place the whole matter was again Debated before the Barons the Surveyour Geneâ—â—â— of his Majesties Lands and others the Auditours making then great opposition it was put off to anoâ—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 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'â— 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 4 th 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
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-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
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 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. 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 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 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
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