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
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
pondere numero Allowing 6 d. in the pound for wearing of the money by often telling The uprightness of that Age was such that they accounted the Kings Rents sacred and individual considering that the Kings care and charge preserved all men in peace and plenty And the Sheriffs then minding the Common-weal and good of their Countrey answered the Kings Rents by Proxies at London who kept correspondence with Factors Clothiers Graâ—â—ers and others trading from all parts of England to the City and levied the Rents at his leasure By which means he promoted Trade kept the money still in the Countrey That imployed Spinners Weavers and Husbandmen which otherwise their whole Market money had been carried out of the Countrey by Receivers and Collectors That came as strangers amongst them The Prâ—mises considered it remains under your Lordships consideration whether it be not fit for a Parliament to consult what is most necessary to be done for the advantage of the King in his Revenue and the Commodity of the People in their payments and to hear what further shall be proposed upon the whole matter for his Majesties Service therein all which is submitted to January the 29th 1660. By Walter Devereux George Carew THE Business tending to the well setling of his Majesties revenue under Consideration of the Lord Treasurer and others The Petitioners not doubting but the referrees had been fully satisfied in the Premises concerning the Collections and what was alledged in the petition left it for the Barons to report And on the 13 th of May 1661. Calling for their report the Barons desired an information of the benefit intended to His Majestie in the said Collection some of them having forgotten the perticulars and also the discoverie of the mis-carriages and inconveniencies which had happened by the default of the Receivers Collectours and other Officers relating to the said accounts Whereupon it was breifly answered by the Petitioners that in their proposals concerning the said Collection left with Mr. Paine they had offered first that they would observe such a methode in every County that the rents should be duly answered without the charge of Poundage which the receivers had besides the Collectours fees Secondly without the charge of 2s upon every account which the Auditours Clerks were allowed for ingrossing the accounts Thirdly that they would give good Security to render a perfect Account yearly upon Oath and return the supers and upon whom depending that process may Issue duly out to avoid the charge of Messengers Fourthly they would discharge the King of 1500 â—b being part of a Debt due by Letters-Patent charged upon the revenue And lastly that they would Pay the said â—ents on the first day of May every Year during the said term desired by their Petition into His Majesties receipt of Exchequer And as for the arrears and supers depending upon the former tenants and Collectours in the Ministers accounts and receivers accounts relating to the same which were occasioned through the default of the Auditors and other Officers aforesaid The Petitioners then informing the Barons that they could not so clearly make them appear without an express order to some of the Clerks of the Court to peruse their last declared accounts and certifie the same Several Clerks being then present informed the Court that it was a work of time but for their satisfaction and upon the earnest desire of Mr. Walter Devereux one of the Petitioners being a Member of Parliameâ—t the Barons made this following Order Die Martis xiiii May 1661. ORDERED that the last declared accounts of the Ministers and receivers in the Counties of Wilts York-Shire and Lyncoln-Shire be brought into the Exchequer Chamber upon wednesday 15. of May by eight of the Clock in the morning to be perused in the presence of one of the Auditors Clerks by Mr. Hudson Mr. Wilkinson Mr. Carill and Mr. Burnet Matthew Hale Edw. Atkins Chr. Turnor Notwithstanding Sir Edward Sawyer was unconcerned in the said order for those Counties yet he appeared the next morning before the Barons and told them that it was not convenient for the Auditors to bring their accounts out of their Office or that they should be perused without the Lord Treasurer were first acquainted with the business pro consequentia and for that the Barons Oâ—der was not Obeyed the Petitioners desired a further Order which was graunted as follâ—weth viz. Die Mercurii xv May 1661. ORDERED That Mr. Harpham one of the Attornies in the Kings Remembrancers Office Mr. Wilkinson another Attorny in the Treasurers Remembrancers Office and Mr. Burnet one of the sworn Clerks of the Pipe-Office do forthwith peruse the last declared Receivers Accounts with the Ministers accounts relating to the same for the Counties of Wilts York-Shire and Lincoln or any other Counties and certifie unto us the Arrears and supers in the said accounts and for how long time they have been depending their Matthew Hale Edw. Atkyns Chr. Turnor Mr. Kinsman Auditor for Wilts had no declared accounts in his Office since the 7 th Year of King Charles the First And Mr. Chislett Deputy Auditor to Mr. Gwin for Lincoln shire told the Petitionâ—rs they had given the Barons sufficient satisfaction by Certificate under their 〈◊〉 concerning the Supers and Arrears in their accounts in December last And the Dâ—puty-Auditor for York-Shire had no declared account in his Office since the 14 th of the late King Charls But the 〈◊〉 in persuance of the last Order caused the last declared accompts to be perused with much opposition Sir Edward Sawyer telling the Auditors they deserved to lose their offices for suffering those persons to â—ook into their Accounts by the Attornies aforesaid who certified the Barons the 〈…〉 under their hands as appears before the Barons Report in the 19. page To the Right Reverend Father in God WILLIAM By Divine Providence LORD ARCH-BISHOP OF CANTERBURY HIS GRACE Primate of England and Metropolitane Right Reverend Father in God I HAVE observed in reading the Acts of Councils and Parliaments held by the KINGS of England That they have Supported themselves repaired their Estates and payd their Debts by improving the Revenue of the Crown and lessening the charge of supernumerary Officers belonging to the Exchequer And although the King hath an absolute Sovereign power in himself to do it without Parliaments yet he hath usually condescended in such cases to advise with the Lords Spiritual and Temporal and Commons assembled in Parliament The State held it most just in the seventh year of King Henry the fourth to help the King out of his own rather then burthen the People and improved his Lands although in Lease And also in Henry the sixths time the King was induced by his Council to Convey to the Arch-Bishop of Canterbury and others all Profits of Wards Escheats and Forfeitures c. towards the defraying the charge of his House to prevent the immoderate Requests of importunate Suiters May it please your Grace The
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