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A34093 A retrospect into the Kings certain revenue annexed to the crown under the survey of His Majesties court exchequer : with the proceedings upon two sevral petitions presented to His Majesty, concerning the chauntry rents, &c. and the first fruits, and tenths of the clergy ... / by George Carew. Carew, George, Esq. 1661 (1661) Wing C550; ESTC R24253 43,859 25

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Creditors that are concerned in the Petition for the improvement of First Fruits and Tenths of the Clergie are many and troublesome and of several Opinions They have urged me to write these further Arguments and Perswasions to the Clergie wherein is endeavoured to convince all men as well of the undoubted Rights and Proportions due to the King from the Clergie as the Rights and Dignities due to the Clergie from the People Yet I understand the whole scope of their Grievances is to be relieved out of the late improvements of Bishops Deans Non-Residents Pluralists sine Curas and Ministers whose Livings are worth above a hundred pounds per annum The Method they intend to propose I doubt not but may please your Grace since they drive so much at the Benefit of the poore Clergie and to annex certaine Augmentations for ever to such Livings and Vicaridges that yeild not sufficient Maintenance and Encouragement to them that serve the Cure My Lord I have a double Obligation upon me to honour the Clergie above all other Orders and Dignities therefore desired Moderation and added some thing of my own short Observations to the advantage of the whole Hierarchy of the Church onely consistent with the old and sure Foundations of good Government in the English Monarchie And I question not but the Cause of the Church and the Cause of the Widow and Fatherless will find Audience and Relief in Parliament I shall not trouble Your Grace any further then to acquaint You I have Printed but a small number of these Papers to be delivered onely to some of the most Eminent and Honourable Persons of both Houses and other perticular Friends that have a great sense of the whole Business and a great Value for the Clergie there is much more to be sayd and considered then what I have written All which I humbly submit to Your most Pious and Prudent apprehensions and shall ever study to approve my self Your Lordships Most humble and Faithful Servant GEORGE CAREVV FURTHER CONSIDERATIONS OFFERED TO THE CLERGIE Concerning their first Fruits and Tenths due to the KING for his supream pastoral Charge oppugnant to the Doctrine of Rome Asserting the KINGS Right to the Government of the Church Vindicating the Bishops Office Order and Dignity in England Justifying Tythes or bona Sacra to be the Ministers proper maintenance by Divine right VVith several Arguments deduced from Scripture and reason promiscuously delivered for the satisfaction of all men proving it both sacrilegious and distructive to de●raud the KING in his Tributes Rights or Revenues of the Crown WHEN a man reads with Patience and without prejudice he gives himself the liberty of making a true definition of those things which comes within the reach of his own capacity to judg The Church is truly apprehended to be a State and Society of men professing one Faith serving one God and confessing one Saviour and Redeemer being a collective Body of several Parts and Consistences indowed with large and Honourable Priviledges more antient then any Society whatsoever having Communion with God and Angels that was visible in the families of the Patriarchs before and after the Food called in holy Scripture and by the Fathers a people chosen of God unto whom his Son and our Saviour hath manifested those things which before were kept secret that this Church hath been strengthned and confirmed by the blood of Apostles Bishops Preachers and holy Martyrs against the gates and Battelments of Hell That Christian King's have the supream Government of the Church from whence Bracton and our ancient Common Lawyers of England calls the Kings revenues sacra patrimonia and saies Omnis quidem sub rege ipse sub nullo nisi tantam sub Deo so that naturally from thence by the rules of Government and protection arises that the Clergie are to pay their tribute to the King as well as the Laity And they that deceive the KING deceive themselves and others MOses left this for a Law to remain for ever that the Fathers should teach their children what the Lord had done in their days and to inquire in times past what was done even from the creation of the World whereby we may truly understand that God ordained to himselfe the seventh part of our time and the tenth part of our increase Jus permaneat semper nec unquam mutetur Lex vero scripta sepius Man that is the measure of all things and hath reason given him to discern between good and evil must needs offend against the Law of his understanding when he deal● unjustly with God or man It was a great offence and a cursed thing in the time of the Law to remove the Land-mark and Antient bonds between Neighbour and Neighbour by reason of the great unquietness which was caused thereby how much more do they offend which remove and alter the proportion allotted to the service of God and the Church and the Antient bounds which our fore-Fathers have set between the King and his people And they that deceived the KING brought the Callamities upen themselves and the whole Nation WHen Saul was made King the High Priest became a subject and the first Fruits and Tenths which were given by the other Preists and Levites to the High Priest before ●as then vested in the King having the supream pastorall Charge of the People it was a proverb amongst the Jews that paying of tythes was a hedge to a mans possession and a setled maintenance for perpetuating of religion Nature teaches men to honour God with their substance The Heathen themselves which had not the means to apprehend much offered the tythe of their Corn and Wine to their Gods making payment in kind for the plentifull increase they had before any use were made of the other nine parts The Scripture the rule of our Faith hath left examples of that particular proportion most fit to be set apart for the service of God and forasmuch as the Church of Christ hath entred into obligation The Statutes and Decrees of the Land injoyning the payment of tyths it is a vanity and a superfluous question to despute whether they be of Divine right And they that denyed the Kings proportion ought not to receive their own the publi●ke revenue ought to be preferred before the private IT 's objected we are now free from the Law of Mos●s and not bound to pay Tythes any longer that Christ suffering and offering up himself a Sacrifice for sin Aron's order remov●● from the Temple and the ●ffice of the preisthood became Evangelical it 's granted that the law was fulfilled but not destroyed the hoc agere was turned into Hoc Credere yet the Text says that Heaven and Earth shall pass away but not on● tittle of the Law should perish Faith is proved by works and if there wants Charity all is nothing The Equi●able Consideration for Tyths continues upon the like conditions under the Gospel as they did before
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 Clerg● 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 ●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 confe●●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
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-●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 taugh● 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 Divin●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 insep●rably annexed to the offi●e and Dignity of those orders that they might have honourable support answerable to the great care and ●harge they wer● 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 ●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 Templ●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.
those that intruded and disseized the said Sir William and his servants of the said Island and plantations About five Years after Sir William Courten died and left several Factories in the East Indies to William Courten his onely son and heir and his sole Executor who took upon him the execution of his Fathers Will and joyning with Mr. Thomas Kennistone and others sent several ships with Merchandizes to the East-Indies for supplies to the rest and in the Year 1642 the good ship Bona Esperanza of London being fraughted by the said William Courten and his Compartners making a trading Voiage between Goa in the East-Indies and Macco in China in the month of June 1643 the said ship was set upon by two Dutch-men belonging to the states of the low Countrys and the East-India company of Holland and after the loss of the said Master of the said ship and several seamen slain out-right with eleven more wounded in the defence thereof the said ship with all her Merchandize was then taken and disposed of by the said two Dutch-ships of Amsterdam whereby the said William Courten c. were damnified to the value of threescore and fifteen thousand pounds and upwards besides the great loss and utter ruin of several men women and children whose husbands and Fathers were killed in the said service all which is sufficiently proved upon record under several testimonies of authentick witnesses taken upon Oath in the Court of Admiralty since which time there hath been applications made to the East-India Company of Holland for satisfaction but they being so powerful in their own Courts and by their influences in others that there hath been no restitution as yet made for the loss and dammages of the ship Life or goods to the said W. Courten or his Compartners aforesaid And for as much as Sir Paul Pinder and two other Persons of Honour became bound for the said William Courten for 126000 pounds and furnished him with several considerable sums of money to keep up his credit and expected certain returns also from the East-Indies for their satisfaction having his partes assigned to them for Counter-security which are wholly disappointed whereby it is evident by this and diverse other former sad examples that many of this Nation have been distroyed by such like attempts of the Dutch The premises considered and for as much as Sir William Courten and Sir Paul Pinder were such memorable Merchants so good servants and Subjects to the Crown of England so great Benefactours to the Church and such instruments in the Common-Wealth and that it hath been already a great reflection upon the Honour of the Nation and a great discouragment to others in following their Examples for being so slighted it is therefore the humble request of all the Creditors that since these and other sad misfortunes have befallen the Heirs and Executors of Sir William Courten and Sir Paul Pinder by the violence of these last 20 Years at home and their great losses sustained by Violence abroad besides the Debts due from the Crown that for the relief of many hundred poor Men Women and Children Your Majesty would be greciously pleased to take the same into your most pious consideration that a select Committee of twelve Lords and Commons in Parliament may be appointed to examine the whole matters of fact and make a report thereof to Your Majesty and Your m●st honourable Privy-Council to determine what in Justice the said Causes may both from the said Planters of Barbados and the Dutch East-India Company according to the Laws of Nations and the common protection due from Soveraignes to their Loyal Subjects be reasonably required EPILOGUE TO reflect upon the late Distractions of the Nation The great Debts of the Crown or the sadsufferings of the Creditors were to Arraign all mens Actions that transgressed the rules of Law and Equity In the English Monarchy a Government comming the nearest to Perfection in this Transitory World The KING in his Politick Capacity is not improperly likened to God for Justice and Immortality it s observed therefore that he neither dies nor does any Wrong and that from the KING the Fountain of Honour and Justice the Laws like Streams are conducted by the Judges and dispersed to the people and the sacred Ordinances by the Ministers of the Church to their several Cures so essentially springing from that Bottom the two main Pillars of good Government Religion and Law the two inseparable supporters of Regal Authority The Currents were stopt by defect in the Pipes The Fountain was not dry nor the Streams but the aquaducts failing when they plunged themselves and others into a Deluge of Miseries and disorders living upon the spoils of the Crown with so many hundred hands in the Kings Purse that minded not the support of his royal Estate nor the ordinary protection of the People which brought those Persons into extream wants that supplyed the King with Money for his necessary occasions The Wits and Inventions of other Men were chiefly taken up about riches and Possessions ef the World streaching some things beyond their latitude and depressing others from their Force and Power which caused the Oppression of ehe Kings Creditors which now lies under Considerations of Parliament either to be satisfied by a general Contribution of the Nation or by improvement of what they have Proposed to the King or by the revennue in the Exchequer chargeable with their Debts KING CHARLES the first of ever blessed Memory asserted the due Honour of the Clergy the Rites and Government of the Church and his other praerogatives also which were not granted by the People that were reserved to himself when the positive Law of Nations was first Established he maintained with Zeal and Constancy to the last Affirming that no Man could be exempted from Obedience and Subjection under the Government of Kings any more then Children from the Obedience they owed to their Parents by the Laws of God and Nature And that in the Estimation of right understanding Men. They are very vnworthy and vngrateful to their Prince that seeks to defraud him in any perquisite or revennue of the Crown who studies daily at Court how to preserve them in Peace and Prosperity from Enemies at home and abroad He that takes the value of a shilling from any Mans person upon the Road dies without Mercy and he that Counterfeits a single Penny suffers Death by the Law yet he that robs God and the King his Vice-gerent goes unpunished for Offences of Fraud and Sacrilege which hath brought all the sad Calamities both upon Church and State If by this indigested Discourse being straitned of Time I have incurred the Displeasure of some or the hard Censure of others I can justly answer them both that it was neither prejudice nor intrest that engaged me but Zeal to my King and Countrey and the miserable deplored Condition of several Orphans and Widdows that daily called upon me as administrator to seek some