A RETROSPECT INTO THE KINGS CERTAIN REVENUE ANNEXED TO THE CROWN Under the SURVEY of his Majesties Court of Exchequer WITH THE Proceedings upon two several Petitions Presented to his MAJESTY Concerning the Chauntry Rents c. And the First Fruits and Tenths of the CLERGY AND Several Considerations Offered to the High Court of Parliament shewing how all the Kings Rents above twenty Shillings a year may be more speedily brought into His MAJESTIES Coffers without Charge according to the Antient Course of Exchequer and the Laws of ENGLAND WITH Some Reasons and Arguments given for the due payment of Tythes Annexed Inseparably to the Office of the Ministry With further Perswasions to the Bishops and the Rest of the Clergy to render the just Proportion of their Livings and Spiritual Promotions according to the improved Value due to the King as Supream Pastor and Governour of the Church AND Divers Observations concerning the Rights and other Revenues of the CROWN Demonstrating the several Conditions and Qualities of those men that Diminish the KINGS Tributes Quisquis Deum reveretur Regem honorat diligitque proximum is Deo quae Dei sunt Caesari quae Caesaris denique revera suum cuique tribuit By George Carew of Grayes Inn Esq. LONDON Printed Anno Dom. 1661. TO THE Right Honourable EDWARD Lord HYDE Baron of Henden Lord Chancellour of England THOMAS Earl of Southampton Lord High Treasurer of England And the Rest of His Majesties most Honourable Privy Council Right Honourable I Observe in the Act of Free and General Pardon passed at the Parliament begun at Westminster the 25 day of April in the 12th year of the Raign of our most Gratious Soveraign Lord King Charles the Second That in the very next Clause of Exception after Offences for Conjurarations Witchcrafts and Charmes are Rancked Accomptants Receivers and Collectors that detained the publike mony of the Nation in their hands The Antient Genious of our Fore-Fathers in Framing the Court of Exchequer with that Policy and Art was such That all parts of the World admired that Court for the Excellency and Invention of it wherein was observed a Method that although Land and Mony there was ever in plenty Ebbing and Flowing Yet the Prodigal Coveteous and Ambitious Minister Receiver or Accomptant with all his Sleights and Stratagems could not deceive the King without Discovery The Course of that Court being altered upon the Dissolution of Abbies there followed great Losses to the Crown and many Inconveniencies and Grievances to the People In the Imperiall Chambers abroad The publike Books of Revenues lies open to the view of all people that any kind of Fraud may be discovered or better advantages found out for the Imperial Estate My Lords I am confident your own Honours binds you beyond all other Obligations in the world to Promote those things that may be for the Preservation and Improvement of the Kings Prerogatives Honours and Revenues Annexed to his Crown wherein truly consists the Happiness and Glory of the whole Kingdom There be two Contradictions used amongst men easily Reconciled by your Lordships Summa ratio est summum jus and Summum jus summa injuria In Extraordinary matters not properly relieveable in any other Court The Lords in Parliament have the Prerogative for their Excellency in Knowledge and Wisdom to Determine such Cases by their own Power May it please your Lordships I am Intrusted as an Executer to pay several Portions and Legacies to Hospitals Free-Scholes and poor Children out of mony left in the hands of Sir William Courten and Sir Paul Pinder who parted with it to the late King upon his Letters Patents and other Assignments out of the Revenue in the Exchequer before the late War Not doubting the Credit of the great Seal of England and payment of the Exchequer I took upon me the Execution of the Trust and paid some part of the Legacies out of my own Estate And notwithstanding I have used my indeavours with others to get in the said Debt yet I am daily sued by the Legatees for not recovering the Money charged upon the Revenue wherefore I humbly conceive that such Accomptants and Receivers which Convert the Kings Revenue to their own Use do not only Wound the King in Cheif but the whole Nation in General and those poor Hospitals and Orphans in particular that I am troubled for All which I submit to your Honours Considerations and Subscribe my self April 20. 1661. Your Faithful Servant THOMAS GOULD THE PREAMBLE IT was the Practice of former Ages when they met in Parliaments to examine the Causes of the Kings Necessities and to make those that were not Faithfull in their Offices to Relieve the King as they did by Hugo de Burgo and the Accomptants of the Revenue in HENRY the thirds time King JAMES and King CHARLES the first of ever Blessed Memory were both Large-Hearted and as Princes naturally are inclined very Bountiful Q. ELIZABETH left a Plentiful Revenue to the Crown of England King JAMES in Favour of the People sold most of the Lands in Fee-Farm An Invention found out to prevent an Act of Resumption The Flowers of the Crown ever since have been gathered by those that gave the King onely the Stalks which brought the King into many great Debts that stand Charged upon the Revenue left unsold And it so happened I became Intituled to a Considerable part of the Mony and in Prosecution of the said Debt by Administring upon some Estate I was Involved with a Corporation of Creditors that were likewise Concerned for divers Summs of Mony which Sir William Courten and Sir Paul Pinder had lent to the King This gave me Occasion to look into the Revenue of the Crown and to make several Applications to Committees in the Violent and Distempred times for satisfaction of the said Debts but I could have no other Tearms offered then Allowances as Debentures towards purchasing Crown Lands Bishops Lands or Delinquents Lands so called which I utterly refused Since his Majesties Restauration the Creditors have been more earnest upon me some crying out I should appeal to the King The Mirrour of Justice Others to the Hierarchy of the Church and perswade them to render that Part of the Revenue due to the King improved to their hands with the Creditors money by those Men that obstructed the Payment of the Kings Debts Others to the Lords that have a great Sence of the Kings Honour and the Regalia he lately parted withall Others to the Commons that hold the Purse-strings of the Nation have been pardoned great Arrears and Accompts which should have satisfied the Creditors Demands Being so divided in their Judgements and Opinions they brought me several Papers of perplext Notions concerning the Revenue of First Fruits and Tenths of the Clergy belonging to the King for his Supream pastoral Charge and Government of the Church with several Observations on that and the rest of the Revenues shewing how the King was made insolvent
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
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
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
Exchequer and the Referrers desired by the Right Honourable Thomas Earl of South-hampton Lord High Treasurer of England to consider of the Petition to His Majesty of Walter Devereux and George Carew Esquires with the Reference thereupon as touching their having a Grant for collecting certain Rents Pentions and Portions now in the Charge and Collection of sundry Bayliffs and Collectors accomptable onely before the Auditors in their several Circuits May it please your Honours WE the Secondaries and antient sworn Clerks in the Office of the Ingrosser of the Great Roll otherwise called the Clerk of the Pipe in the Exchequer who have hereunto subscribed our Names have in obedience to your Commands signified at Serjeants-Inne the seventh Day of December last past informed our Selves of the Clerk of the Pipe his Title and Claim to have the Custody of the Accompts of all Receivers Ministers and other Accomptants whatsoever accomptable in the Exchequer And we have likewise endeavoured to inform our selves so far as without the sight of the Accompts now remaining in the custody of the Auditors we could of the several Inconveniencies which have hapned or may happen by the Auditors detaining and keeping of such yearly and other Accompts As also of the conveniencies which would infallibly arise to his Majesty and his Subjects in case those Accompts should hereafter be delivered over to the Clerk of the Pipe as all other like Accompts have constantly been according to the antient course of the Court. And humbly certifie as followeth viz. As to the said Clerk of the Pipe his Title and Claim to have the Custody of all those Accompts of Receivers Ministers and others whatsoever which were or are accomptable in the Exchequer now remaining in the Custody of the Auditors We humbly conceive That the said Clerk of the Pipe his Title and Claim to have the Custody of the Accompts of all Receivers Bayliffs Ministers and others whatsoever accomptable in his Majesties Court of Exchequer ariseth as followeth First By the antient and long-approved course of the Exchequer and by the Ordinance made in Trinity Term 16 E. 2. Cap. 7. the Accompts of all Accomptants whatsoever accomptable in the Exchequer ought finally to determine in the Great Roll of the Exchequer by Allowance which are there to be made by Tallies Writs and the King's Charters And that that course was duly observed until the first year of Queen Mary that the Revenues of the then dissolved Augmentation Court was annexed to the Exchequer Secondly By vertue of certain Articles signed by Queen Mary and annexed to her Letters-Patents granted under the Great Seal of England bearing date the xxiiij day of January in the first year of Her Highness Raign By which she annexed all the Revenues of the Crown which immediately before that time had been within the Survey of the then dissolved Court of Augmentations and General Surveyours unto her Highness Court of Exchequer Which Courts of Augmentations and General Surveyours she had dissolved by other her Letters-Patents under the Great Seal dated the xxiij of January in the said first year of her Raign The said Queen being impowered by Act of Parliament made in the said first year of her Raign to dissolve and determine the said Courts with others and to unite and annex the same to any other of her Courts of Record Provided That if she should annex the same or any other of her Courts to the Exchequer That then all things within the Survey of the said Court so annexed should be ordered in like manner to all intents as the said Court of Exchequer there was or ought to be by the Common-Laws and Statutes of this Realm By which Articles it was ordained and provided by the said Queen That the Accomptants for the said late Augmentation Revenue so annexed should appear in the Exchequer ever Hillary Term to be sworn to their Accompts for the Year ended at Michaelmas before and to make and finish the same Accompts before the xxiij of February then next following And that the Auditors taking the same Accompts should deliver them yearly ingrossed in Parchment authorized and allowed by the hands subscribed of the Lord Treasurer Chancellour Under-Treasurer and Barons of the Exchequer or three of them at the least whereof the Treasurer or Vice-Treasurer to be one into the Office of the Pipe within the said Court of Exchequer before the xx th day of March then next folowing so as further process might be thereupon made if case should so require Which Accompts should remain in the Charge of the Clerks of the Pipe And that all Accompts and Declarations of Accompts which then were in the said dissolved Courts of Augmentations should remain in the Charge of the Clerk of the Pipe in the Exchequer in such place as the Treasurer of the said Court should appoint And thirdly and lastly The said Clerk of the Pipe claimeth to have the custody of the said Accompts by vertue of his late Majesties Letters-Patents under the Great Seal of England bearing date the xv th of November in the Eighth Year of his Reign they being granted unto him by the said Letters-Patents under these words Nec-non officium omnium omnimodum Comporum Ministrorum Receptorum aliorum Compor quor-que in Dco sccio Nro haered Succes nostrer compitab And as to the Inconveniencies which have risen to the Crown or otherwise by the Auditors detaining of those Accompts We have not yet seen any of the Accompts remaining with the Auditors and therefore we cannot so fully set forth the Inconveniencies which have accrued to the Crown and People by the Auditors detaining of the aforesaid Accompts as otherwise peradventure we might But those Inconveniencies which we have observed touching those Affairs are as followeth First By the Auditors diverting the course of the Exchequer Receivers and Bayliffs have not been câ—lled ad computandum nor returned to Issues as they ought when they declared their Accompts Secondly By the Receivers not appearing in the Exchequer to be sworn to their Accompts as they ought they were left at liberty to account onely for what themselves pleased and to pay it when they pleased Thirdly The Debts and Supers in the Accompts of the Receivers and Ministers were not put in demand by the process of the Court as they should have been but slept in the Accompts of the Ministers and Receivers sometimes 20 30 40 50 60 70 and sometimes 80 years together and was then bolted forth by parcels when the Acquittances were oftentimes lost the parties that paid the money dead and the Lands thereunto lyable oftentimes sold to no small vexation of the Subject Fourthly There could be no Controll had over the Accompts by any of the chief Ministerial Officers of the Exchequer as by the course of the Court they ought neither could Process issue out Fifthly Undue and unsafe Allowances were made to the Accomptants of their Payments by Tallies being never
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.
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