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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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under the Law the Priests and Levites took them for expounding the Law serving at the Altar and Tabernacle and offering up the Sacrifices for the sins of the people the Preachers and Ministers of the Gospel receive the Tythe and offerings for administring the Word and Sacraments teaching the mysteries of Salvation and offering up Prayers as daily sacrifices for the People in the first 150 Years after Christ the Apostles and Preachers of the Gospel were dispersed and had no settled maintenance but the voluntary contributions of those that imbraced their Doctrine and some that received their glad tydings of Salvation sold all that they had and layd it at their feet Tertullian Cyprian Clemens-Alexandrinus Eusebius Irenaeus and others writ of their Dyet Habitation and apparel and of severall things indifferent in themselves which altered with time and place according to the Rules of Princes and established Laws of their Government The people of God in the Primitive times desired a King to protect them from their Enemies and by Divine institution Kings were appointed to govern and rule over them who received the power both Spiritual and temporal into one and the same hand he made choyce of the Priests and deposed them as Solomon did Abiather and placed Zadock in his rome And the Law both Judaicall and Levitical was made Canonicall Scripture by Josiah The Rites and Seremonies of the Church after Christ were debated and determined at national Synods and general Councils and were made Cannon laws by the Emperours The Apostles perswaded the people to believe Christ's Doctrines not upon payn of death but damnation and taught them to be obedient to their Civil Magistrates for conscience sake for that an Oath was the end of all strife The old and new Testaments were preserved by the holy Spirit and Preached publickly in England in the Year 250. The Reverend and Learned Bishops in England in those days much Honoured for their Constancy and Zeal in Religion were summoned to the Generall Councils of Sardice and Nice and much approved of for their Doctrine all the time of Constantine the Great The Originall of the POPE's Usurpation over CHRISTIAN PRINCES AS to the English Monarchical Government under which our Lives Liberties and Estates are best secured by Magna charta and the Petition of Right it is agreed there is but one man Supream all others act under his name by commision The Clergie being subordinate to the Prince having the superiority over them do submit themselves to his Government in all things according to Gods commands knowing there is no power but of God and they are ordained of God That Kings are the Lords Anointed his Image upon Earth Nursing Fathers of the Church and Princes of the people of God The Pope or Bishop of Rome usurped his Authority of late times Emperours and King's formerly elected degraded and censured them Theodoret imployed John the first Bishop of Rome in the nature of an Embassador to Justinian the Emperour and for exceeding his Commission he kept him in Prison until he dyed In the year 679. Pope Agatho besought the Emperour to forgive him the Tribute which the Pope of Rome usually payd for his Consecration One Almaine Emperour chose Pope Leo the eight John the Fourteenth and Benedict the Fifth and so successicely but as the Emperours did fall so the Popes did rise The Pope himselfe will rather renounce the succession of Peter then the Donation of Charlemane The Church of Rome once a Member of the true Catholick Church is fallen from the Principles of the Apostolick and primitive puritie both in Doctrine and Manners and came to that swelling greatness by six steps Gradatim The first by Constantines departing from Rome to Constantinople The Second by the fall of the Empire in the West The Third by the donation of Phocas The Fourth by the voluntary Charter that the Emperour of Constantinople made to Benedict the Second In the Year 684. The Fifth by the amity between Zachary Bishop of Rome and King Pipin of France In the Year 751. The Sixth and last step by the Constitution of Seven Electours by Gregory the Fifth a Germane born and Kinsman to Ot●o the Emperour So the Beast that Obscurely sprung up increased and became insolently Triumphant over Kings and Emperours and sent their Popish innovasions of Doctrine and discipline into England i● the Saxons time A Foundation layd in Blood Treason and Rapine cannot support a Fabrick from falling to the ground IT is in vain to read the Desputations and Volumnes of Bellarmine and others that writ in the defence of the Church of Rome that swept away the mony of England under Colour of indulgencies that caused the Common people to rob their Children to Inrich the Fryars and make their posterity poor by such Charity and Devotion not by the Scripture required The Church of God is built upon his name and word that unmoveable Rock The keys of heaven are Faith and good works The people are admitted in or kept out of the Church by the Ministers of the Gospel according to the ordinances of God The Prophets foretold the Jews of a Messiah to re-establish amongst them the Kingdome of God which was rejected by them in the time of Samuel This expectation made them obnoxious to impostures that have had the Ambition and art by plausible and false Doctrines to attempt and deceive the people Christ himselfe and the Apostles forewarned them of such false Prophets and told them further that his Kingdom was not of this world that the Kings of Nations had Dominion over their subjects but his Kingdom purchased by his Blood was not to be possessed untill his second comming The Devil seeks by suggesting a present Dominion to weaken the Faith of Christians Saint Peter and the rest of the Apostles had Power given them to teach the people the Gospel and the mysteries of their salvation in the Faith of Christ and him crucified when Christian Sovereigns were Baptised into the Faith by vertue of their office they obliged themselves to preserve the Doctrine of Christ God requiring the account from them and at their hands being not only Pater Patirae but Pater Ecclesiae therefore Tythes the patrimony of the Church should be maintained and kept inviolate by Kings the nursing fathers of the Church AMongst the Emperial laws was omitted the punishment for killing their Fathers supposing no man to be so horrid●y impious and wicked to commit such an act of Paricide against the law of nature It may be sayd as much of those men that Robbed and destroyed their mother the Church of England The Pope perswaded the Kings of England that he was the universal Governour of the Church and he received the revenue of first Fruits and Tenths from the Clergie which was due to the Crown and the four orders of Fryars perswaded the people that tythes were given ex debito Charitatis and not ex
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 Coun●●ry for which they are chosen and trusted 2. Many Men of abstruce learning and great abiliti●● do rather please themselves with their own speculations then look into the other concernme●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 a●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 enterpris●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 pro●●● 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 con●erred great offices of trust upon the Clergy and called them to the Council table for their W●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 deb●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 H●nneur profit de saint Eglise al h●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
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
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 Present●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 H●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 Prev●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 mi●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 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.