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
debito Justiciae to the Secular Preists and so got several grants of them to themselves for their Spiritual labours the other supernumerary orders of Monks and Nuns further perswaded the Layety to make Arbitrary Consecrations of Tythes to their Abbies and Monastries and to appropriate several Churches and Lands to their foundations of reputed Clergie Who by allowing severall salaries to their stipendaries for serving the Cure gave advantage to Covetous men upon the dissolution to dispoyle the Church who took grants of those impropriate Tythes and turned them into Lay-â—ees which was done more through the defect of Councils then any force of Adversaries in subjecting that Revenue of the Church to their humane titles supposing the property that God hath in them might be changed to their own uses by such contracts Whereupon several poor scandalous Livings have since made scandalous Ministers That in many parts of the North and West of England the Vicars are necessitated to sell Ale or go to their day-labour for the subsistance of themselves and their Families A grave Spaniard landing in King Edward the Sixths time neer the Ruins of an old Abbie by the sea coast perceived a poor Clergie-man hedging in of his Glebe land the Spaniard to satisfie his curiosity desired the Vicar to shew him his Church demanding what was his maintenance he told him he had twenty Nobles a Year being some part of God's revenue and inheritance which was reserved to himselfe the Spaniard wept bitterly and gave the poor Clergie-man all the mony he had saying That God had not been so provident for his Church in England as in other parts of the World The Offices Dignities and Possessions of BISHOPS DEANS and PREBENDS VINDICATED EPiscopacy was practised in the Apostles time and it was the constant Doctrine of all the Fathers that Bishops succeded the Apostles in the first and best ages of the Church and ordeyned Preachers in every City Presbyterian Government was not thought on before the Reformation at Geneva which is Aristocrary And the Independant sprung up with the New-England Faction whose Government is Democracy At the first General Council after Christ Bishops were planted in all parts of Christendom both for the purity in Doctrine and the safety and external state of the Church and have continued ever since in England untill these late violent times of Interruption that brought their Bishopricks into Abeyance and Consideration of the Law Before the Foundations of Parliaments were layd the Kings of England called onely their Prelates and Nobles to Council with them and the Affaires of the Kingdom was ordered by Edicts to the Officers and Governours of the several Counties King Henry the First in the Year of our Lord 1102. invested the Bishops by giving them a Pastoral Staff and a Ring testifying that their Donation was from their Sovereign The Pope at that time questioning the Kings Authority and Right to investitures the King sent expressly then to Rome Herbert Bishop of Norwich and Robert Bishop of Lichfeild to acquaint him that he would rather loose his Kingdom then his Right to Donations of Churches Asius the Oldest Bishop of his time being about 300. Years after Christ framed the Nicen Creed for the whol Christian World Which much improves the Benefit that the Church receives by Episcopacy Bishops have been Antiently Barons by Tenure and had their Votes in Parliament by a double right the one to advise in framing of Laws that they were not made repugnant to God's word and the other for their Temporalities having Estates and Families of their owne subject to the Laws and Statutes of the Kingdom It is a question whether such Prerogatives can be taken away which were originally annexed to their Dignities and Orders of their Persons and Offices By the same Rule the Lords temporal may lose their Privileges prerogatives and Preheminences held of the Crown which they have above other men Honours are rather Burthens then advantages rendring men obnoxious to great expences and offices do bring more trouble then Profit not acquiring any thing without Danger or envie no man should in reason envie his happiness that is rather a steward and servant to the people then Master of himself or his own Fortune Non nobis nati sumus every man serves God his King and Country in some Capacity or other moving in his station accordingly And since the Bishops have been interrupted and kept from their Votes in Parliament there hath been disorders and Confusions both in Church and State the Pulpets filled with Blasphemy the people taughâ— rebellion and Witchcraft the Press open to all manner of seditions and Heresies and nothing but violence and oppression raging throughout the whole Land no man Considering that the cause of all these Calamities proceeded from the Sacrilege Pride Envie and Covetousness of those Persons that made such strange returns for all the labours and Studies of so many learned Divinâ—s of this Kingdom by whose lives and Doctrines the Crown and Scepter of England hath been exalted above the Pontifical Chaire and the people freed from the Jurisdiction and slavery of the Pope The Lands and possessions of Bishops Deans and Prebends were given by Pious Kings and other 〈◊〉 Benefactours Originally in Franck-Almoyne for the service of God and the Church and were insepâ—rably annexed to the offiâ—e and Dignity of those orders that they might have honourable support answerable to the great care and â—harge they werâ— intrusted withall Their Maintainance ought to be sufficient to keep them from Corruptions and Sinister affections and to do acts of Hospitality giving good examples to all men Poverty breeds Contempt although the persons have extraordinary parts and deserts above other men The meanest Corporations and Civil societies of â—en are allowed their Presidents Mayors Councils and Officers to bear rule and Government over the rest and they hold their Authority by the Kings Charter It were very unreasonable in Cities Provinces and 〈◊〉 to deny God a reverend Worship and esteem and the King his Prerogatives in governing the Church according to order and deacency The Heathen when they would secure their Treasure from Violence layed it in the Templâ—s Consecrated to their Gods knowing that the most inhumane men amongst them would not take any thing out of those places that were dedicated to their Deities THE CONCLUSION THE Church is that in which men hope for Salvation united under a visible Government here and triumphant in Glory hereafter going under divers elogies both in Heaven and Earth That several Ministerial Officers subservient in the Church militant were ever allowed a sufficient and Honourable Maintenance according to their order In England before the Establishment of parochial right to Tythes Barons layed foundations of Churches at their pleasures claiming onely a right to the Advouson and upon lapse to the King as Patron Paramount he presents to the Cure an Incumbent being lawfully ordeined the Bishop institutes the Arch-Deacon c.
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
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