A RETROSPECT INTO THE KINGS CERTAIN REVENUE ANNEXED TO THE CROWN Under the SURVEY of his Majesties Court of Exchequer WITH THE Proceedings upon two several Petitions Presented to his MAJESTY Concerning the Chauntry Rents c. And the First Fruits and Tenths of the CLERGY AND Several Considerations Offered to the High Court of Parliament shewing how all the Kings Rents above twenty Shillings a year may be more speedily brought into His MAJESTIES Coffers without Charge according to the Antient Course of Exchequer and the Laws of ENGLAND WITH Some Reasons and Arguments given for the due payment of Tythes Annexed Inseparably to the Office of the Ministry With further Perswasions to the Bishops and the Rest of the Clergy to render the just Proportion of their Livings and Spiritual Promotions according to the improved Value due to the King as Supream Pastor and Governour of the Church AND Divers Observations concerning the Rights and other Revenues of the CROWN Demonstrating the several Conditions and Qualities of those men that Diminish the KINGS Tributes Quisquis Deum reveretur Regem honorat diligitque proximum is Deo quae Dei sunt Caesari quae Caesaris denique revera suum cuique tribuit By George Carew of Grayes Inn Esq. LONDON Printed Anno Dom. 1661. TO THE Right Honourable EDWARD Lord HYDE Baron of Henden Lord Chancellour of England THOMAS Earl of Southampton Lord High Treasurer of England And the Rest of His Majesties most Honourable Privy Council Right Honourable I Observe in the Act of Free and General Pardon passed at the Parliament begun at Westminster the 25 day of April in the 12th year of the Raign of our most Gratious Soveraign Lord King Charles the Second That in the very next Clause of Exception after Offences for Conjurarations Witchcrafts and Charmes are Rancked Accomptants Receivers and Collectors that detained the publike mony of the Nation in their hands The Antient Genious of our Fore-Fathers in Framing the Court of Exchequer with that Policy and Art was such That all parts of the World admired that Court for the Excellency and Invention of it wherein was observed a Method that although Land and Mony there was ever in plenty Ebbing and Flowing Yet the Prodigal Coveteous and Ambitious Minister Receiver or Accomptant with all his Sleights and Stratagems could not deceive the King without Discovery The Course of that Court being altered upon the Dissolution of Abbies there followed great Losses to the Crown and many Inconveniencies and Grievances to the People In the Imperiall Chambers abroad The publike Books of Revenues lies open to the view of all people that any kind of Fraud may be discovered or better advantages found out for the Imperial Estate My Lords I am confident your own Honours binds you beyond all other Obligations in the world to Promote those things that may be for the Preservation and Improvement of the Kings Prerogatives Honours and Revenues Annexed to his Crown wherein truly consists the Happiness and Glory of the whole Kingdom There be two Contradictions used amongst men easily Reconciled by your Lordships Summa ratio est summum jus and Summum jus summa injuria In Extraordinary matters not properly relieveable in any other Court The Lords in Parliament have the Prerogative for their Excellency in Knowledge and Wisdom to Determine such Cases by their own Power May it please your Lordships I am Intrusted as an Executer to pay several Portions and Legacies to Hospitals Free-Scholes and poor Children out of mony left in the hands of Sir William Courten and Sir Paul Pinder who parted with it to the late King upon his Letters Patents and other Assignments out of the Revenue in the Exchequer before the late War Not doubting the Credit of the great Seal of England and payment of the Exchequer I took upon me the Execution of the Trust and paid some part of the Legacies out of my own Estate And notwithstanding I have used my indeavours with others to get in the said Debt yet I am daily sued by the Legatees for not recovering the Money charged upon the Revenue wherefore I humbly conceive that such Accomptants and Receivers which Convert the Kings Revenue to their own Use do not only Wound the King in Cheif but the whole Nation in General and those poor Hospitals and Orphans in particular that I am troubled for All which I submit to your Honours Considerations and Subscribe my self April 20. 1661. Your Faithful Servant THOMAS GOULD THE PREAMBLE IT was the Practice of former Ages when they met in Parliaments to examine the Causes of the Kings Necessities and to make those that were not Faithfull in their Offices to Relieve the King as they did by Hugo de Burgo and the Accomptants of the Revenue in HENRY the thirds time King JAMES and King CHARLES the first of ever Blessed Memory were both Large-Hearted and as Princes naturally are inclined very Bountiful Q. ELIZABETH left a Plentiful Revenue to the Crown of England King JAMES in Favour of the People sold most of the Lands in Fee-Farm An Invention found out to prevent an Act of Resumption The Flowers of the Crown ever since have been gathered by those that gave the King onely the Stalks which brought the King into many great Debts that stand Charged upon the Revenue left unsold And it so happened I became Intituled to a Considerable part of the Mony and in Prosecution of the said Debt by Administring upon some Estate I was Involved with a Corporation of Creditors that were likewise Concerned for divers Summs of Mony which Sir William Courten and Sir Paul Pinder had lent to the King This gave me Occasion to look into the Revenue of the Crown and to make several Applications to Committees in the Violent and Distempred times for satisfaction of the said Debts but I could have no other Tearms offered then Allowances as Debentures towards purchasing Crown Lands Bishops Lands or Delinquents Lands so called which I utterly refused Since his Majesties Restauration the Creditors have been more earnest upon me some crying out I should appeal to the King The Mirrour of Justice Others to the Hierarchy of the Church and perswade them to render that Part of the Revenue due to the King improved to their hands with the Creditors money by those Men that obstructed the Payment of the Kings Debts Others to the Lords that have a great Sence of the Kings Honour and the Regalia he lately parted withall Others to the Commons that hold the Purse-strings of the Nation have been pardoned great Arrears and Accompts which should have satisfied the Creditors Demands Being so divided in their Judgements and Opinions they brought me several Papers of perplext Notions concerning the Revenue of First Fruits and Tenths of the Clergy belonging to the King for his Supream pastoral Charge and Government of the Church with several Observations on that and the rest of the Revenues shewing how the King was made insolvent
years at the yearly Rent of threescore thousand pounds upon the Conditions and Proposals as in the Paper hereunto annexed are expressed and set forth And your Petitioners shall pray c. October 22. 1660. Several Reasons Arguments and Propositions offered to the King 's most Excellent MAJESTY for the Improvement of his Revenue in the First-Fruits and Tenths of the Clergie Annexed to the Petition of George Carew Thomas Gould and John Culpeper Esquires for a Patent of the First-Fruits and Tenths for the Term of one and thirty years at the yearly Rent of threescore thousand Pounds THAT whereas in the 26 th year of King Henry the Eighth The Lords Spiritual Temporal and Commons assembled in Parliament with his Royal assent did Ordain and Enact that the Kings Highness his Heirs and Successors Kings of this Realm should have and enjoy for ever the First-Fruits and Profits for one year of every person and persons which should be nominated elected presented or by any other ways or means appointed to have any Arch-Bishoprick Bishopprick Deanary Prebendary Parsonage Uicarage or any other Dignity or Spiritual Promotion whatsoever within this Realm of what name nature or quality soever they be or to whose Patronages or guifts soever they belong the First-Fruits Revenues or Profits for one year of every such Dignity Benefice or Spiritual Promotion whereunto such person or persons shall be Nominated Presentâ—d Elected or Appointed And that every such person or persons before any actual or real possession or medling with the profits of any such Dignity Benefice Office or Promotion Spiritual should satisfie content and pay or agree to pay to the Kings use at reasonable days and times upon good Sureties the First-Fruits and Profits for one whole year into the Kings Treasury And it was Enacted by the Authority aforesaid That the Lord Chancellour of England and Master of the Rolls for the time being and from time to time at their will and pleasure should name and depute by Commission or Commissions under the great Seal fit persons to examine and search for the just and true values of the First-Fruits and profits by all ways and means that they can and to Compound and agree for the Rate of the said First-Fruits and profits and to limit days of payment upon good security which should be in the nature of a Statute Staple AND whereas it was Ordained and Enacted by the Authority aforesaid That the Kings Majestie his Hâ—irs and Successors Kings of this Realm shall yearly have take and enjoy and receive united and knit to the Imperial Crown for ever one yearly Rent or Pension amounting to the tenth part of all the Revenues Rents Farms Tythes Offerings Emoluments and all other profits as well called Spiritual as Temporal now appertaining or belonging or hereafter that shall belong to any Arch-bishop or Bishop Dean Prevâ—nd Parson Uicar or other Benefice Spiritual Dignity or Promotion whatsoever within any Diocess in England or Wales And that the said yearly Pension Tenth or Annual Rent shall be yearly paid to the Kings Majesty His Heirs or Successors Kings of this Realm for ever which was confirmed by several Acts of Parliament in 32. Hen. 8. and 34. Hen. 8. and 37. Hen. 8. and 2. Edward and 7 th of Edward the 6. and 1. Eliz. And it was also further Enacted and Ordained by the said Authorities that the said yearly Rent Pension or Tenth part shall be Taxed Rated Levyed Received and paid to the Kings use in manner and form following that is to say The Lord Chancellor of England for the time being shall have Power and Authority to direct into every Diocess of England and Wales several Commissions in the Kings name under his great Seal to such person or persons as the Kings Highness shall name and appoint Commanding or Authorizing the Commissioners or three of them at least to examine search and enquire by all the wayes and means that they can by their discretions of and for the true just and whole entire yearly values of all the Mannors Lands Tenements Rents Tythes Offerings Emoluments and Hereditaments and all other Profits whatsoever as well Spiritual as Temporal appertaining to any such Dignity or Spiritual Promotions as aforesaid Ordinary deductions to be defalked out of the same And that the several Bishops should be charged with the Collections of the First-Fruits and Tenths in their several and Respective Diocesses And that upon the Bishops Certificate any Incumbent refusing to pay his Tenths shall be discharged of his Living BY the grave advice and consent of all Estates in so many Parliaments the First-Fruits and Tenths were granted and confirmed to the Crown of England for the better maintenance and support of the Royal Estate and if the People are since multiplyed whereby there is a further encrease of Rents and Tythes and a greater value upon all Commodities the Crown Revenue should be improved towards the Kings Innumerable Charges for the Government and well-being of those people and holding correspondence answerably with all Foreign Princes for their Trade and Commerce KINGS and Queens of England gave most of the Lands Tenements and Hereditaments belonging to these Ecclesiastical Dignities and Promotions and have also Erected divers Foundations Colledges and houses of Learning and given large Inheritances and Endowments thereunto whereby most of the Clergy have their Educations and are made fit for those Dignities and other Ministerial Offices in the Church without any great charge to their Families or Relations therefore good Reason the First-Fruits and Tenths of all their Dignities and Benefices should be paid to the King whom they hold of as Patron Paramount and as Supreme Governor of the Church and Defendor of the Faith of England THE Statutes and established Laws of the Land are made for the full payment and whole intire First-Fruits and Tenths wherein the Clergy themselves had their Uotes in Parliaments And it is as great Injustice for the Clergy to withhold any part of the Kings dues as others to deny them any part of their Prediall personall or miâ—t Tythes the Subject in generall suffers wherein the Kings Revenue is abated which of Right belongs to the Crown Every private person may as often as he pleases Improve his own Revenue as occasion offers THE meanest Subject is allowed the benefit of the Law and the King does him Justice and maintains his property according to the Common and Positive Laws of the Land The King may expect the same Benefit of the Laws and require his own Rights and Revenues by those Rules of Justice which all men are bound to observe and obey Three Objections raised against payment of First-Fruits and Tenths answered by the Petitioners 1. THAT the Revenue of First-Fruits and Tenths is an Innovation obtruded upon the Clergy of late times TO this they Answer That the First-Fruits and Tenths were paid in the Saxons times as appears by Beda's Ecclesiastical History and have so continued ever
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 mâ—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