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A80231 Severall grounds, reasons, arguments, and propositions, offered to the Kings most excellent Majesty, for the improvement of his revenue in the first-fruits, and tenths annexed to the petition of James, Earl of North-hampton, Leicester, viscount Hereford, Sir William Farmer, Baronet, George Carew, Esq; and the rest of the petitioners 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. Carew, George, Esq. 1660 (1660) Wing C552; ESTC R230934 5,352 1

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which signifies a Badg of Subordination of the Clergie to the supream Civil Magistrate and where they have cast off this Tribute the Civil Magistrate hath been subordinate to the Authority of the Church THat the first-Fruits and Tenths are of a Popish Institution Answ. It may be satisfactory ●●ough that this Tribute of first-Fruits and Tenths have been paid to all Kings and Queens of England since the Reformation in Henry the Eighth's Time without any Repeal of any of the said Statutes but in the Time of ●opery viz. in the 2. and 3. of Philip and Marie The Act for paying of first-Fruits and Tenths was repealed but confirmed again in the very first year of Queen Elizabeths Reformation of Religion from Popery by the Statute of the 1. Eliz. chap. 4. With a Recital and Ratification of all former Statute● that confirmed the same to the Crown and have continued in Force ever since So that if the Tythes be Jure Divino payable to the Clergie for their Administration of the Word and Sacraments to the People the first-Fruits and Tenths Jure Politico are payable to the King their Soveraign Lord for His Administration of Iustice and maintaining the Rights Priviledges and Liberties both of Church and State THat the Clergie of all Orders and Degrees have lately suffered and therefore ought not to be raised in their first Fruits and Tenths Answ. That the King hath suffered more and His Revenue much diminished by the late detestable and irreligious War which hath been fomented and encouraged by many thousands of the Clergie now confirmed in their Livings by Act of Parliament 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 daily take Advantages for their Tythes of new Tillage and other Improvements of Land which ought to be proportionably answered to the King The Bishops and all other Persons in Spiritual Dignities and Promotions may raise a full Tenth Part to be paid by their Tenants who offers now to advance so much besides the old reserved Rents and also to repair the Ruins of their Cathedral Churches Six Proposals to the King 1. THat the said Petitioners will discharge the said Debt of fifty thousand pounds due from the Crown as mentioned in their Petition and give good Security for the payment of sixty thousand pounds yearly Rent unto His Majesty His Heirs or Successours Kings of England during the said Term of one and thirty years without any Defalkation other charges or reprisal whatsoever 2. THat the Petitioners will not take any first-Fruits or Tenths of such Benefice or Living which is appropriated to the Cure of Souls that upon due Examination and Enquiry shall not be indifferently found and returned at the full yearly Value of thirty pounds upon the Survey 3. THat no Hospital Colledge or Schole shall pay any first-Fruits or Tents 4. THat the Bishop shall not be troubled with the care or charge of Collection of first-Fruits or Tenths within his Diocess but be wholly busied in the other spiritual Affairs of the Church and Cure of Souls 5. THat all Ministers who were settled in Livings before the 29th of May la● 1660. and have already compounded for their first Fruits shall be discharged accordingly 6. THat the Petitioners will prepare a Bill That the said Patent for one a●d thirty years may be confi●med by Parliament with His Majestyes Concurrence to the Petitioners containing such Covenants Clauses Provisoes Conditions and Agreements as the Attorney General and the rest of His Majesties Council Learned in the Law shall reasonably Advice and direct whereby all legall Power and Authority may be granted and confirmed to the Petitioners to Tax Levie and Receive the said first-Fr●its and Tenths in as large and ample a manner as by the said Laws and Statutes the same were granted to the Kings and Queens of England as aforesaid Three Proposals offered to the Clergie 1. THat upon the Nomination Appointment Election or Presentation of a●● Spiritual person into t●e 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 ●very six Moneths and that one years Tenths of every such Dignity Benefice or promotion shall be deducted out of the said first-Fruits 2. THat whereas by the Liberty and Disorder of the late depraved Times the Clergie 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 several Actions for their Tythes and by reason of Contentio●s and distempered Spirits the Preaching of the Word of God hath been unprofitable to the people that have taken aprejudice against the Ministery Therefore a short Bill shall be prepared by Counsel and offered to the Parliam●nt that an Act may be passed for the speedy Recovering of Tythes and that the two next Iustices 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 their Warrants yo distrain the Goods and Chattels of any person or persons refussing to pay their Tythes to whom they shall become due and payable as aforesaid That Love and Vnity may be preserved between the Ministers and their Congregations 3. THat it shall be proposed to His Majesty That forthwith Conmissions m●y be issued out in His Majesties Name throughout England and Wales to examine and finde out the full Values of all Dignities Benefices Parsonages and other Spiritual Promotions aforesaid to return the Surveys ther●of 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 Thomas Coleman to be Secretary for Pres●ntations of all such Livings as shall be in His Majesties Dispose who is a fit person for that Imployment and will wholly intend His Majesties Service therein To the end that His Majesty may be fully informed of the true Value of those Livings that well qualified persons may be preferred answerable to such promotions And whereas for the Ease of His Majesty Several 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 will be given by the Petitioners in convenient Time conducing both to the Advantage of the King and the Benefit of the Clergy as occasion requires All which is humbly submitted to the Considerations of His Majesty the Lord Chancellour Lord High Treasurer and Lord Chief Baron c. G. C. October the 5th 1660. Note The Current Money of England much infeebled since those Times See the severall Presidents and Commissions with Returns of full values in Queen Elizabeth's Time Felix nullo que ut esse modo populus cujus gubernandi potestas non penès Regem sit divitem Felicia illa olim tempora in quibus majus subditorum animis insedit utilitatis Regiae studium quam rerum suarum curae fa As King James was to the Church of Scotland Vide Lord Burley's Speech to Queen Elizabeth ●elode se est quisquis de jure regali demit The present yearly Revenue not fifteen thousand pounds all Charges deducted See Selden upon Tyhes of the Eastern Countries Vide Sir Henry Yelverton's advice to King James Vide Doctour Iohn Gerson in his Treatise called Regulae Morales Necessary that an Assistant be to the Secretaries of State by reason of their m●ny other ●eighty affairs
SEVERALL GROUNDS REASONS ARGUMENTS AND PROPOSITIONS Offered to the Kings Most Excellent MAJESTY For the Improvement of His Revenue in the First-Fruits and Tenths Annexed to the Petition of James Earl of North-hampton Leicester Viscount Hereford Sir William Farmer Baronet George Carew Esq and the rest of the Petitioners 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 26th Year of King Henry the Eight The Lords Spiritual Temporal and Commons Assembled in Parliament with His Royal Assent did Ordain and Enact That the King's Highness His Heirs and Successours 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 Bishoprick Deanry Prebendary Parsonage Vicarage or other Dignity or Spiritual Promotion whatsoever within this Realm of what Name Nature or Quality soever they be or to whose Patronages or Gifts soever they belong the first-Fruits Revenues or Profits for one year of every such Dignity Benefice or Spiritual Promotion whereunto any such Person or Persons shall be Nominated Presented Elected or Appointed And that every such Person or Persons before any Actual and 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 Vse at reasonable Daies and Times upon good Sureties the first Fruits and Profits for one whole year to 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 Majesty His Heirs and Successours Kings of this Realm shall yearly have take 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 Farmes Tythes Offerings Emoluments and of 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 Prebend Parson Vicar or other Benefice Spiritual Dignity or Promotion whatsoever within any Diocess of England or Wales and that the said yearly Pension Tenth or Annual Rent shall be yearly paid to the Kings Majesty His Heirs or Successours Kings of this Realm for ever which was confirmed by several Acts of Parliament in 32 Hen. 8. and 34 H. 8. and 37 H. 8. and 2 Edw. 6. and 7 Edw. 6. and the 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 Levied Received and Paid to the Kings Vse in Manner and Form following that is to say The Lord Chancellour of England for the time being shall have Power and Authority to direct into every Diocess in 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 Authorising the Commissioners or Three of them at least to Examine Search and Enquire by all the Ways and Means that they can by their Discretions of and for the true just and whole intire yearly Values of all the Mannours 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 Collection of the said 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 Consultations 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 multiplied 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 King's innumerable Charges for the Government and well-being of those People and holding a Correspondence with all Forreign Princes for their Trade and commerce As lately the Spanish Trade was restored at the King's Charge KIngs and Queens of England gave most of the Lands Tenements and Hereditaments belonging to these Ecclestastical 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 these 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 Supream Head of the Church and Defender 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 Votes in Parliaments And it it is as great Injustice for the Clergie to withold any part of the Kings Dues as others to deny them any Part of their Predial Personal or Mixt Tythes the Subject in general 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 when occasion serves THe Meanest Subject is allowed the Benefit of the Law and the King does him Iustice 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 Iustice which all men are bound to observe and obey Three Objections raised against Payment of first-Fruits and Tenths Answered by the Petitioners THat the 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 Time as appears by Bedes Ecclesiastical History and have so contiued ever since in England to this very day and that those Payments or Tributes Bede calls Vectigal