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
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
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
inducts He then claiming a free liberty to perswade the People by Preaching to Faith and repentance obedience to Princes and love one to another which is the fulfilling of the Law and by the ordinance of God and man he so becomes intitutled to Tythes as his free-hold for Administring the word and Sacraments to the People Yet the unworthiness of Ministers doth not make the word unprofitable or the ordinances uneffectuall they may convert others yet be themselves Reprobates and by Coveting more then their owne they have lost a great part of that which was their due by Divine right What Kings have endowed the Bishops and Dignitaries of the Church withall they receive in a double Capacity both as Spiritual and Temporal persons substituted to govern and rule under the King over the rest contrary to the Doctrines and erronious opinions of Rome The Orthodox man blushes for the Generation that are not ashamed of themselves for abusing the World under a colour of Religion making in a wrong sense Godliness their greatest gain He stands amazed at another sort of men Libertines that were Proud Malicious and Covetous who struck at the very root giving the greatest blow to the Church that ever was given by any that profest themselves Christians They were Emperick States-men ignorant of Natural Philosophy destroyed mutual societies for want of Learning and Knowledg they descovered their own weakness and followed an Ignis Fatuus shewing they were as unskilfull to Govern as unwilling to obey those were the Men that obstructed the payment of the Kings Debts to Orphans and Widows They received the Kings Revenue and built large Houses upon Church-Land and made other improvements to Ministers with the Creditors Money what is come to the Hand of the Clergy out of such improvements beyond the ordinary and usuall Tenths Fines and ancient Rents being divided between the King and these poor Creditors or at least his own just proportion out of the improved value according to Law would give a great satisfaction to all moderate Men otherwise people will say That Covetousness is great Idolatry and if it be in the House of God what will not the Wicked do those Examples being brought in to Presidents If some Tenants have forfeited their right of improvement for want of Allegiance to the King or that they have under a force purchased to preserve their Possession or otherwise justly offended God and displeased the Clergy and lost their Tenant-right these poor Creditors that Petition the King for part of that improved Revenue which in charity belongs to them c. and have not been guilty of any misdemeanour against his MAJESTY ought in Justice to be considered which hitherto have been wholly neglected and dealt unkindly withall by the Clergy about Leases all which is left to their own Considerations And whether it was the intent of the Donors that improvements made by Violence and Rapine should go to the Church or the Exchequer is left to Divines and Lawyers to Judg and whether they that detain the Kings Rights and Revenues which should go towards the payment of His Debts be not as guilty of Opression and Cruelty as those Violators of Religion and Law were of Sacriledge and injustice is left to the World to Judge SEVERAL CONSIDERATIONS Of the CREDITORS OFFERED To the Lords and Commons Assembled in PARLIAMENT Concerning the KING'S Revenue and the Debts OF THE CROWN 1. A Business wherein all men are equally concerned seldom any man makes it his particular care to follow which hath been the cause that so often good purposes fall to the ground most men minding their own private interest before the publick good of their Counâ—â—ry for which they are chosen and trusted 2. Many Men of abstruce learning and great abilitiâ—â— do rather please themselves with their own speculations then look into the other concernmeâ—ts of the World by managing those affairs which may advantage the King in his revennue or the people in their trade 3. When the Kings present wants are considered the greatness of his debts and the complaints of so many grants it may not be unseasonable to enquire if some men were not executors in their own wrong and that divers have built upon other mens Foundations to the great grievance of these which have suffered through Violence and Oppression 4. Those riches and honours fall not out of the clouds but are acquired by honest art ingenuity and fidelity to the Crown which are permanent yet 〈◊〉 she Crown be indebted those persons are deficient that do obstruct the paiment of the Kings debt by keeping back 〈◊〉 proportion of money which should contribute towards the discharge of the Kings obligations 5. Antiently the Nobility and Gentry brought in the chief revenue to the King holding most of the Lands in their possessions by Knights service and 〈…〉 which yielded Wards Marriages Reliefs and several services to the Crown the trade of the 〈…〉 improved the Lands from 5 shillings an aâ—re to 15. The Barons and antient Gentry have parted with 〈…〉 Merchants and others that have raised their Families by industry thirst and such like enterprisâ—s 〈◊〉 those purchasers were abated considerably in regard of the tenures which upon the foundations of law yielded 〈◊〉 advantages to the King And the Creditors parted with large sums of money upon assignments of the proâ—â—â— of that Court which cannot now be considered but out of the improvements in the Exchequer or the several 〈…〉 hold the Lands which reape the great benefits by taking away the Court of Wards and Purveiances 6. Formerly the Kings of England conâ—erred great offices of trust upon the Clergy and called them to the Council table for their Wâ—sdom 〈…〉 Religion and experience And they gave them charge of the great Seal Treasury c. yet some of them were defective and put upon the Kings mercy by Parliaments for wasting the revenue of the Crown The Lords temporal have likewise been often censured for procuring large proportions of the Crown Lands to themselves and their relations 7. There hath been Laws in force that the mover of any gift or the procurer of any grant should be fined the double value until the Kings debâ—s were paid And in the Lord Burleighs time a Customer of London was fined a considerable sum of money for farming part of the Queens revenue at an undervalue to the prejudice of the Crown and the damage of the people 8. When the debts of the Crown were not so great nor the wants so many an Ordinance was made pro hospitio Regis in the 3. Year of Edward the 2. and Cardinal Walsey afterwards amended the Books of orders called Aulae Regis The motive whereof was Al Honneur de dieu a Hâ—nneur profit de saint Eglise al hâ—nneur de Roy a son profit au profit de son peuple c. Henry the 4. caused his Son the Prince and the rest of his Councel to