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
rejoyned as the Law requireth through the neglect of which duty great Inconveniencies have sundry times risen in like Cases Witness Philips and Noâ—ts and many more Sixthly The Receivers and Ministers finding there was no Controll had over their Accompts and Payments were greatly imboldned by such unwarrantable proceedings to set those good Rents in Super which they might have commanded at their pleasure respiting the Recepts of them till their Years Accompts were elapsed that so they might pay the present with the precedent Years Rent Seventhly It also imboldened them to return that in Super upon the King's Tenants which they had long time before received and to continue it so until the Parties were dead and the Acquittances lost ut â—ntea Eightly The Crown hath sustained great damage by Auditors and their Deputies certifying sundry unwarrantable Re-prises upon the Particulars which they made forth for the sale of the Crown-Lands to pass in Fee-Farm and in Fee-simple reducing the Yearly value from 40. li. to 6 li. c. Witness the Records of M. 4. Jac. Ro. 248. ex parte Rem R. touching Fisher Deputy-Auditor who being fined 2000 Marks for such Frauds acknowledged he had done no otherwise then the rest of the Auditors were wont to do Ninthly By the Auditors not delivering over the Accompts into the Pipe the Clerk of the Pipe hath been ever since 1 Eliz. obstructed in the execution of his Office there being some thousands of Rents now due to the Crown reserved out of Crown-Lands upon Letters-Patents granted in Fee since 1 Eliz. reserved payable to the Bayliffs and Receivers of the Premises accomptable onely before the Auditors which though not answered for many years last past could not with safety be put in process without great hazard of grievance to the People until a full view was had of the Receivers and Ministers Accompts now detained by the Auditors whether the same Rents be therein charged or discharged Tenthly The Auditors of the Revenue have omitted to charge the Receiver-General in his declared Accompts with all the whole Fee-Farm and Farm-Rents within their respective Collections but still continues them in the way of Ministerial Accompts although there can be no just or reasonable cause for it charging the Receivers with part thereof onely and making therein sundry great Yearly Allowances and Defalcations with other Discharges and suffering many great Debts and Supers to remain therein so long as themselves please So as in truth the true state of the whole Charge and Discharge of the Revenue of no one County is at any time presented by the Receivers Accompts to the view of the Lord Treasurer ☜ or any other that shall take the same and herein will appear a great Mystery Divers Accompts depending before some of the Auditors wherein great sums of Money was due to the Crown were kept privately sleeping by them for many years together until both the Acâ—ompts and Debts were pardoned Eleventhly Some of the Auditors have been imboldned to neglect the declaring the Receivers Ministers and Collectors Accompts after that they have been ingrossed And thus it fared with the Accompts of the Dutchy of Cornwall for divers years in the time of King CHARLES the First Twelfthly Some of the Auditors have neglected for divers years together to ingross the Receivers Ministers and Collectors Accompts and yet nevertheless have given those Receivers Ministers and Collectors pretended Yearly Discharges for the same as if the said Accompts had been duly declared And thus it hath hapned in the Revenue of the Dutchy of Cornwall for divers years together in the time of King Ch. the 1. And the Accompts of the Tenths of the Clergy for 20 or 30 years together and in divers other Accompts of the New Impositions taken by the late Auditors of the Impost And hereof they have appropriated to themselves the several Offices Trusts Employment and Fees of the Lord Treasurer Chancellour Under-Treasurer Chamberlains Barons both Remembrancers Clerk of the Pipe and Comptroller and their respective Clerks making themselves all in all when in truth no one Officer of the Exchequer whatsoever ought by the course of the said Court to be solely intrusted with the Revenue of the Crown Now the Conveniencies which will arise to the King and the People in case these Obstructions be removed are briefly the taking away and preventing of all the several Inconveniencies before particularly expressed For if the Accompts of the Receivers and Ministers be Yearly Ingrossed declared Entred wth the Remembrancers and their Payments by Tallies re-joyned approved by the Chamberlains then their Accompts and Tallies will be delivered into the Pipe where the Receipts and Payments in the Accompts will be controlled the Debts and Supers therein be Yearly charged demanded and levyed and paid to the King's use for which both Accomptants and Debtors shall receive their lawful Discharge And furthermore the sleeping Rents due to the Crown not yet in charge will be thereby received and the Clerk of the Pipe will be hereafter enabled the better to perform the Duty of his Office All which is humbly offered to Consideration January 25 th 1660. By Rich. Caril Senior Ben. Wallinger William Burnet Senior Nich Highmore William Saterthwait Will Burnet Junior Walter Wallinger Several Proposals and Considerations further offered by Walter Devereux and George Carew unto the Lord High Treasurer of England Chancellour of the Exchequer under Treasurer Barons and to all the Officers of His Majesties Court of Exchequer declaring how the Kings certain Revenue may be brought into the publique receipt by the Tenants and the Sheriffs of the respective Counties of England and Wales excepting the Chantry Rents Pensions c. according to the antient Course of that Court Customs and common Laws of England THE said Walter Devereux and George Carew having lately given severall Proposals under their hands remaining with the Lord chiefe Baron and the rest of the Barons of his Majesties Court of Exchequer and Mr. Payn in the Kings Rememberancers Office concerning the collection of that part of his Majesties Revenue consisting of Chantry Rents Pentions Portions c. Wherein they alledged that there were divers inconveniences formerly suffered and Abuses done to the Crown and People of England by several miscarriages of Receivers Collectors and Messengers as also by Auditours not duly declaring their Accompts The scops of all being an Introduction to a further service intended to the King and Subject The Auditors and receivers unwilling to be brought to a fair Accompt used their utmost endeavours to obstruct the said Service and to continue their old practices who tendred a new Warrant to the Barons for their Approbation That the Lord Treasurer might sign for Messengers A strange kind of confidence to frame their own designs and conclude the Barons Opinions before they made any report to the Reference upon the former Petition and Proposals upon the reference concerning the Collection of the said Chantery Rents c. UPON the Dissolution
ordain such moderate Governance of his house that may continue au plaisir de dieu du peuple to preserve the Kings honour and prevent secret waste 9. It was a question put to a noble man in Henry the 3s time whether Honour or Religion tyed him most to the service of the Crown he answered they were individual Concommitants and had equal operation upon persons of worth and understanding Honours being sacred orders and are used both as Sheilds and Ensigns and they are obliged to defend the cause of the Orphan and Widdow next to the Honour of the King of whom they hold their Dignities The King preserves the Law in its Force and Vigour by his subservient Ministers of Justice whom all Estates are bound to observe And in token of subjection the Prince himself disdained not the old Saaxon word Ichdien I serve The chief Justice in Henry the 4. time committed the Prince for Contempt of the Court and upon his complaint The King greatly rejoyced that he had such a Judg that durst administer Justice upon his Son and that he had such a Son so gracious as to obey and afterwards Kings Henry the fifth himself charged the Judges to minister the Law indifferently that the oppressed might be eased by speedy Justice and the Offendors discouraged by Judgment executed that the Land might not longer morn for the iniquity of former ages 10. The certain Revenue of the Crown was surveied and sold by the late pretended powers wherein many Fee-farm â—ents that before were continued as supers in the Auditors books and receivers accompts The purchasors made good to themselves which the King was either defrauded of by Auditors receivers collectors Bayliffs or tenants And upon inquiry into the revenues and profits issuing out of all his Majesties Honours castles Mannors Lands possessions demeasn-lands rents customary rents fee-farms farm-rents and tenths reserved upon Charters or letters Patents of perpetuity granted from the Crown which made such a noise in the World considering the vast charge and expence of Bayliffs Stewards accomptants Auditors Receivers Bedles Collectors and other that are paid out of the Kings money besides allowances to stypendaries and sallaries to Vicars chorals Curates and Chaplains to Hospitals and free Schools for procurations and Synodals to Arch-Deacons and stypends to Auditors Clarks for writing their accompts and perpetual Pentions Annuities and Corrodies and yearly fees to Constables of Castles Keepers of houses Parks Forests and Chases Surveyers fees Woodwards fees Reparations respites and other allowances incident to this receipt upon examination it was found that there came not clearly into the Kings Coffers above 97000 pounds per annum but into the purchasers purse far greater sums so that most of the Kings small rents as now ordered are rather burthâ—nsom then advantagious to the Crown the King having granted away his wardships Reliefs Marriages c. for which tenure many of those rents were continued 11. The Tenants and common people of England ought to be kept in love and strength to serve the King The State and Majesty of the Kingdom also to be continued that the King may be feared abroad and honoured at home And if the revenue formerly had not been intercepted exhausted or misapplyed those many evils upon all estates of the Kingdom had been prevented And if the Parliament did seriously consider that the Kings wants and engagements are as well encouragements to Enemies as dishearâ—ning to Friends they would labour to fill his Coffers out of his own and annex a revenue inseparable from the Crown answerable to the support of his Majesty the defence of the Kingdom and that also might reward his Servants by sufficient pentions out of his Exchequer rather then to give away old Lands of the Crown or new Escheats and forfeitures which come by Gods gift to preserve Justice and Equity and the splendour of the Royal Family There be many millions of people in England and Wales represented onely by the King in Parliament that have not fourty shillings per annum free-hold nor their voices in Cities or Burroughs at Elections who were born loyal and suckt in Alleagiance with their Mothers milk their constitutions naturally inclining and submitting to the King and are most willing to pay the Excise for ever out of their labours and Bowels if the charge in the collecting of it might be payed by those that receive the benefit and allow nothing in recompence for the Court of Wards and purveyance to the benefit of the Crown or Advantage of those Creditors to whom the profits of the Court was assigned by the King for money lent upon that security 12. Solomon saith That money answers all things oppression makes wise men mad Honours are but small additions if they must be supported by the people and the persons that wears them exceeds not others in Virtue and Merit as well as in order and title Men of true learning and understanding do good offices for goodness sake and study the benefit of their Country by easing the burthens of the poor and yielding comfortable maintenance and encouragement to them that make others rich and honourable by their labours In Italy Princes and the rest of the nobility account it no indignity to deal in Merchandizing affairs in other parts of France and Germany far remote from the Seas where they live not so plentifully they esteem it below their quality and out of a Custom choose rather to put their younger sons into the Wars then adventure them for wealth and experience into the World abroad as Merchants which hath given such advantages to the Hollanders to engross the trade and money of Vrope into their hands And it s observed that Church-men of these times are not so publique spirited as in the former ages which makes money so scarce and Citizens complain of them as much as their Tenants and the whole Nation for their unkindness to the King not rendring him the tenth part of that he willingly and freely gave them of late which the King might have kept in Commendam many years together as Queen Elizabeth often used to do The Church of Rome takes the advantage of raising considerable sums of money by Ecclesiastical offices and dignities above the degrees of secular Priests which claim tythes ex condigno from God and the people the others ex dono from the Pope and his favourites therefore no symoney in opinion where the benefit accrues to a Common Good of the Country Lewis the 12th of France that was called the Father of his Country raised a considerable revenue by offices that were not Judicial and Charles the fifth prescribed it to his Son as a rule in his last Instructions drawing His ground and reason from the practise of the antient Romanes for that the Fees of writs c. were as trespass offerings and ought to come into the Publick Treasury rather then into any private Purse to enrich particular Men. Those potent
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
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
seasonable Releif after so many Years sufferings and forbearance of their Debts And by this way of improvement I fear not but their Cause will finde Patrons and Advocates if they consider rightly the Benefit and convenience that all Estates may reap where the whole Design looks towards the Glory of God the Honour of the King the Advantage of the Clergy and the prosperity of the whole Nation to which all Men should subscribe Connecta pacis Deo concordia vinctus Gratia soli Deoque Gloria GEORGE CAREW Some Objections have been raised against the particulars following which shall be fully answered and further invincible reasons given and expedients offered to the Parliament in convenient time which will appear conducing to the benefit and advantage of the King and Subject Some Obstructions have been met withall from several persons that would rather continue mistakes and keep those things in obscurity which ought to be brought to Light and discoursed properly to a Parliament Some Grievances there may be deserâ—ed upon due examination of the Contents which cannot properly be relieved any where but in Parliament unto whom the persons concerned do make it their Humble desires that A Committee may be appointed to debate those things which may give a General satisfaction to the Nation and a speedy remedy of several abuses and inconveniences daily suffered by the King and Kingdom THE CONTENTS AN Epistle to the Lord Chancellour Lord Treasurer and the rest of his Majesties most Honourable Privy-Councel 3. A Preamble to the whole Treatise and Proceedings 4. A Petition of Walter Devereux and George Carew for the General Collection of Chauntry rents pentions portions and forein rents in England and Wales 5. The Lord Treasurers referrence upon that Petition to the Barons of the Exchequer and others ibid. An order of the Barons on the Lord Treasurers Referrence 8. The second Order of the Barons in relation to the Lord Treasurers referrence ibid. A Methode of the antient way concerning accompts in the Exchequer 9. A Certificate of the sworn Clerks of the Pipe concerning the accompts and miscarriages of Auditours Receivers and Collectors 9. 10. Several Proposals and Considerations of Walter Devereux and George Carew offered to the Lord Treasurer and others touching the Kings certain Revenue how it may be brought into his Majesties Receipt of Exchequer without Charge 11. 12. The Barons Report upon the Petition and Referrence concerning the Collection of the Chauntry rents Pentions Portions c. 13. A Petition of George Carew John Culpeper and Thomas Gould for a Patent of the first Fruits and Tenths at 60000 pounds per annum rent for the term of one and thirty Years 5. The Arguments and Propositions annexed to the Petition concerning the improved values of first Fruits and Tenths of the Clergy which ought to be paid to the King 6. 7. An Epistle to the Arch Bishop of Canterbury 14. Further Considerations offered by the Creditors to the Clergy concerning their due payment of first fruits and tenths to the King 15. The Kings right to the government of the Church and the original of the Popes Usurpation over Christian Princes 16 The office of Bishops and Dignitaries of the Church of England vindicated 17. The Inference or conclusion from the Considerations offered to the Clergy 18. Several Considerations of the Creditors offered to the Lords Spiritual the Lords temporal and Commons assembled in Parliament concerning the Kings Revenue and the debts of the Crown 19. 20. An appeale of the Creditors to the Kings most excellent Majesty and the Lords of his most honourable Privy-Councel concerning the island of 〈◊〉 and the Ship Bona Esperanza taken by the Dutch 21. The Epilogue 22. FINIS The King hath been paid most of his small Rents with Pen and Ink and Dog-Latine since the Course of the Excheq hath been Altered and the Subject often vexed grieved without cause as in Baron Trevers time a Tenant in York-shire was put to 3l charge by Tho. Westly a Messenger for 4d Rent Charged upon his Estate without his knowledge Many of the like cases have hapned by false returns and Allowances of Supers c. Damages is 346000l concerned in it are sixty four Persons of â—ons many of them â—verished for want of By the last general Pardon the Clergy were forgiven 50000. pounds which was due to the King upon Bonds for First-Fruits and Tenths The Layity by the King 's happy Restauration were put into possession of such Estates that were their own inheritance But the Bishops c. into improved vacancies that were under Consideration of the Law for many years together Note the Current money of England much infeebled since those times See the several Presidents and Commissions with Returns of full values in Queen Elizabeths Time 〈◊〉 nullo queat esse modo 〈◊〉 cujus Gubernandi 〈◊〉 non Regem sit 〈◊〉 Felicia illa olim tempora in quibus majus subditorum animis in sedit utilitatis Regiae studium quam rerum suarum cura familiarium Object 1. As the King was to the Church of Scotland Object 2. Vide Lord Burley 's Speech â—o Queen Elizabeth Object 3. Felo de se est quisquis de jure Regali demit The present yearly Revenue of the First-Fruits and Tenths not twenty thousand pounds all charges deducted See Selden upon Tythes of the Eastern Countryes Vide Doctour John Gersâ—n hâ—s Treatise called Regulae morales Ir. in t Com. Hill 1. Ma. Ro. 55. exparte Rem Thes. Article 8. Article 25. Article 32. Vide The Draught of a Warrant ready prepared and offered by the Auditours to the Barons to sign for Messengers to levy the Kings Rents although formerly adjudged illegal at the Councel Table A poor Messenger in Yorkshire purchased Land worth 300. pound per annum by exactions and oppressing the People By return of Clothiers â—rasiers and others that deal in Staple Commodities being advantagious to the Subject to pay their money in London where they sell their Commodities that are made in those Countries and where the Cattell are fed that serves both Countrey and City Sir Châ—â—stopher Hatton Mr. Lyons and Mr Wharton thâ—ee of the Receivers of the Revenue are 36000 l. in Arrear which was occasioned chiefly by the Auditours not duly declaring their Accompts so that they paid what they pleased and when they pleased being under no controll that would discover the fraud The Auditours and Receivers in many cases take upon them the Office of Treasurer Chancellour Barons Chamberlains and Remembrancers The Chantry Rents are troublesome to be brought into the Sheriffs Accompts it is therefore humbly conceived that that charge is most proper for the Collectour Generall Vide the Report of Sir Robert Cotton concerning the Collection of the Queen's Rents under halfe a Crown 4000. l. per Annum is now and hath been for many years paid into the Wardrobe by severall Fee-Farmers and other Tenants A Receiver for Yorkshire lately gave 1800. l. for his place aâ— Assignee from