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
pondere numero Allowing 6 d. in the pound for wearing of the money by often telling The uprightness of that Age was such that they accounted the Kings Rents sacred and individual considering that the Kings care and charge preserved all men in peace and plenty And the Sheriffs then minding the Common-weal and good of their Countrey answered the Kings Rents by Proxies at London who kept correspondence with Factors Clothiers Graâ—â—ers and others trading from all parts of England to the City and levied the Rents at his leasure By which means he promoted Trade kept the money still in the Countrey That imployed Spinners Weavers and Husbandmen which otherwise their whole Market money had been carried out of the Countrey by Receivers and Collectors That came as strangers amongst them The Prâ—mises considered it remains under your Lordships consideration whether it be not fit for a Parliament to consult what is most necessary to be done for the advantage of the King in his Revenue and the Commodity of the People in their payments and to hear what further shall be proposed upon the whole matter for his Majesties Service therein all which is submitted to January the 29th 1660. By Walter Devereux George Carew THE Business tending to the well setling of his Majesties revenue under Consideration of the Lord Treasurer and others The Petitioners not doubting but the referrees had been fully satisfied in the Premises concerning the Collections and what was alledged in the petition left it for the Barons to report And on the 13 th of May 1661. Calling for their report the Barons desired an information of the benefit intended to His Majestie in the said Collection some of them having forgotten the perticulars and also the discoverie of the mis-carriages and inconveniencies which had happened by the default of the Receivers Collectours and other Officers relating to the said accounts Whereupon it was breifly answered by the Petitioners that in their proposals concerning the said Collection left with Mr. Paine they had offered first that they would observe such a methode in every County that the rents should be duly answered without the charge of Poundage which the receivers had besides the Collectours fees Secondly without the charge of 2s upon every account which the Auditours Clerks were allowed for ingrossing the accounts Thirdly that they would give good Security to render a perfect Account yearly upon Oath and return the supers and upon whom depending that process may Issue duly out to avoid the charge of Messengers Fourthly they would discharge the King of 1500 â—b being part of a Debt due by Letters-Patent charged upon the revenue And lastly that they would Pay the said â—ents on the first day of May every Year during the said term desired by their Petition into His Majesties receipt of Exchequer And as for the arrears and supers depending upon the former tenants and Collectours in the Ministers accounts and receivers accounts relating to the same which were occasioned through the default of the Auditors and other Officers aforesaid The Petitioners then informing the Barons that they could not so clearly make them appear without an express order to some of the Clerks of the Court to peruse their last declared accounts and certifie the same Several Clerks being then present informed the Court that it was a work of time but for their satisfaction and upon the earnest desire of Mr. Walter Devereux one of the Petitioners being a Member of Parliameâ—t the Barons made this following Order Die Martis xiiii May 1661. ORDERED that the last declared accounts of the Ministers and receivers in the Counties of Wilts York-Shire and Lyncoln-Shire be brought into the Exchequer Chamber upon wednesday 15. of May by eight of the Clock in the morning to be perused in the presence of one of the Auditors Clerks by Mr. Hudson Mr. Wilkinson Mr. Carill and Mr. Burnet Matthew Hale Edw. Atkins Chr. Turnor Notwithstanding Sir Edward Sawyer was unconcerned in the said order for those Counties yet he appeared the next morning before the Barons and told them that it was not convenient for the Auditors to bring their accounts out of their Office or that they should be perused without the Lord Treasurer were first acquainted with the business pro consequentia and for that the Barons Oâ—der was not Obeyed the Petitioners desired a further Order which was graunted as follâ—weth viz. Die Mercurii xv May 1661. ORDERED That Mr. Harpham one of the Attornies in the Kings Remembrancers Office Mr. Wilkinson another Attorny in the Treasurers Remembrancers Office and Mr. Burnet one of the sworn Clerks of the Pipe-Office do forthwith peruse the last declared Receivers Accounts with the Ministers accounts relating to the same for the Counties of Wilts York-Shire and Lincoln or any other Counties and certifie unto us the Arrears and supers in the said accounts and for how long time they have been depending their Matthew Hale Edw. Atkyns Chr. Turnor Mr. Kinsman Auditor for Wilts had no declared accounts in his Office since the 7 th Year of King Charles the First And Mr. Chislett Deputy Auditor to Mr. Gwin for Lincoln shire told the Petitionâ—rs they had given the Barons sufficient satisfaction by Certificate under their 〈◊〉 concerning the Supers and Arrears in their accounts in December last And the Dâ—puty-Auditor for York-Shire had no declared account in his Office since the 14 th of the late King Charls But the 〈◊〉 in persuance of the last Order caused the last declared accompts to be perused with much opposition Sir Edward Sawyer telling the Auditors they deserved to lose their offices for suffering those persons to â—ook into their Accounts by the Attornies aforesaid who certified the Barons the 〈…〉 under their hands as appears before the Barons Report in the 19. page To the Right Reverend Father in God WILLIAM By Divine Providence LORD ARCH-BISHOP OF CANTERBURY HIS GRACE Primate of England and Metropolitane Right Reverend Father in God I HAVE observed in reading the Acts of Councils and Parliaments held by the KINGS of England That they have Supported themselves repaired their Estates and payd their Debts by improving the Revenue of the Crown and lessening the charge of supernumerary Officers belonging to the Exchequer And although the King hath an absolute Sovereign power in himself to do it without Parliaments yet he hath usually condescended in such cases to advise with the Lords Spiritual and Temporal and Commons assembled in Parliament The State held it most just in the seventh year of King Henry the fourth to help the King out of his own rather then burthen the People and improved his Lands although in Lease And also in Henry the sixths time the King was induced by his Council to Convey to the Arch-Bishop of Canterbury and others all Profits of Wards Escheats and Forfeitures c. towards the defraying the charge of his House to prevent the immoderate Requests of importunate Suiters May it please your Grace The
inducts He then claiming a free liberty to perswade the People by Preaching to Faith and repentance obedience to Princes and love one to another which is the fulfilling of the Law and by the ordinance of God and man he so becomes intitutled to Tythes as his free-hold for Administring the word and Sacraments to the People Yet the unworthiness of Ministers doth not make the word unprofitable or the ordinances uneffectuall they may convert others yet be themselves Reprobates and by Coveting more then their owne they have lost a great part of that which was their due by Divine right What Kings have endowed the Bishops and Dignitaries of the Church withall they receive in a double Capacity both as Spiritual and Temporal persons substituted to govern and rule under the King over the rest contrary to the Doctrines and erronious opinions of Rome The Orthodox man blushes for the Generation that are not ashamed of themselves for abusing the World under a colour of Religion making in a wrong sense Godliness their greatest gain He stands amazed at another sort of men Libertines that were Proud Malicious and Covetous who struck at the very root giving the greatest blow to the Church that ever was given by any that profest themselves Christians They were Emperick States-men ignorant of Natural Philosophy destroyed mutual societies for want of Learning and Knowledg they descovered their own weakness and followed an Ignis Fatuus shewing they were as unskilfull to Govern as unwilling to obey those were the Men that obstructed the payment of the Kings Debts to Orphans and Widows They received the Kings Revenue and built large Houses upon Church-Land and made other improvements to Ministers with the Creditors Money what is come to the Hand of the Clergy out of such improvements beyond the ordinary and usuall Tenths Fines and ancient Rents being divided between the King and these poor Creditors or at least his own just proportion out of the improved value according to Law would give a great satisfaction to all moderate Men otherwise people will say That Covetousness is great Idolatry and if it be in the House of God what will not the Wicked do those Examples being brought in to Presidents If some Tenants have forfeited their right of improvement for want of Allegiance to the King or that they have under a force purchased to preserve their Possession or otherwise justly offended God and displeased the Clergy and lost their Tenant-right these poor Creditors that Petition the King for part of that improved Revenue which in charity belongs to them c. and have not been guilty of any misdemeanour against his MAJESTY ought in Justice to be considered which hitherto have been wholly neglected and dealt unkindly withall by the Clergy about Leases all which is left to their own Considerations And whether it was the intent of the Donors that improvements made by Violence and Rapine should go to the Church or the Exchequer is left to Divines and Lawyers to Judg and whether they that detain the Kings Rights and Revenues which should go towards the payment of His Debts be not as guilty of Opression and Cruelty as those Violators of Religion and Law were of Sacriledge and injustice is left to the World to Judge SEVERAL CONSIDERATIONS Of the CREDITORS OFFERED To the Lords and Commons Assembled in PARLIAMENT Concerning the KING'S Revenue and the Debts OF THE CROWN 1. A Business wherein all men are equally concerned seldom any man makes it his particular care to follow which hath been the cause that so often good purposes fall to the ground most men minding their own private interest before the publick good of their Counâ—â—ry for which they are chosen and trusted 2. Many Men of abstruce learning and great abilitiâ—â— do rather please themselves with their own speculations then look into the other concernmeâ—ts of the World by managing those affairs which may advantage the King in his revennue or the people in their trade 3. When the Kings present wants are considered the greatness of his debts and the complaints of so many grants it may not be unseasonable to enquire if some men were not executors in their own wrong and that divers have built upon other mens Foundations to the great grievance of these which have suffered through Violence and Oppression 4. Those riches and honours fall not out of the clouds but are acquired by honest art ingenuity and fidelity to the Crown which are permanent yet 〈◊〉 she Crown be indebted those persons are deficient that do obstruct the paiment of the Kings debt by keeping back 〈◊〉 proportion of money which should contribute towards the discharge of the Kings obligations 5. Antiently the Nobility and Gentry brought in the chief revenue to the King holding most of the Lands in their possessions by Knights service and 〈…〉 which yielded Wards Marriages Reliefs and several services to the Crown the trade of the 〈…〉 improved the Lands from 5 shillings an aâ—re to 15. The Barons and antient Gentry have parted with 〈…〉 Merchants and others that have raised their Families by industry thirst and such like enterprisâ—s 〈◊〉 those purchasers were abated considerably in regard of the tenures which upon the foundations of law yielded 〈◊〉 advantages to the King And the Creditors parted with large sums of money upon assignments of the proâ—â—â— of that Court which cannot now be considered but out of the improvements in the Exchequer or the several 〈…〉 hold the Lands which reape the great benefits by taking away the Court of Wards and Purveiances 6. Formerly the Kings of England conâ—erred great offices of trust upon the Clergy and called them to the Council table for their Wâ—sdom 〈…〉 Religion and experience And they gave them charge of the great Seal Treasury c. yet some of them were defective and put upon the Kings mercy by Parliaments for wasting the revenue of the Crown The Lords temporal have likewise been often censured for procuring large proportions of the Crown Lands to themselves and their relations 7. There hath been Laws in force that the mover of any gift or the procurer of any grant should be fined the double value until the Kings debâ—s were paid And in the Lord Burleighs time a Customer of London was fined a considerable sum of money for farming part of the Queens revenue at an undervalue to the prejudice of the Crown and the damage of the people 8. When the debts of the Crown were not so great nor the wants so many an Ordinance was made pro hospitio Regis in the 3. Year of Edward the 2. and Cardinal Walsey afterwards amended the Books of orders called Aulae Regis The motive whereof was Al Honneur de dieu a Hâ—nneur profit de saint Eglise al hâ—nneur de Roy a son profit au profit de son peuple c. Henry the 4. caused his Son the Prince and the rest of his Councel to
States abroad that were raised by the aids and supplies of the English Crown took the boldness and liberty not onely to revile King James and the King of Denmark terming them Bankrupt Princes but also insulted over their subjects in the Indian Plantations c. And in derision of the English Nation they would usually say the Dutch Merchants had gold Chains to reach from Amsterdam to Whitehall which would purchase any advantage in Commerce or expiate any Crime and misdemeanour in their dealings which gave them great encouragement in their subtil and cruel practises to the prejudice of the King and Kingdom We the Creditours of Sir Paul Pinder and Sir William Courten and so consequently the Creditors of the King are bold out of necessity to ask the Lords spiritual the Lords Temporal and Commons assembled in Parliament releif for the money so long detained from us and if those things which are proposed be not by Your grave Wisdom thought fit to be improved towards all the Advantages mentioned in the several Petitions Arguments Proposals and considerations We leave it to your Honours to finde out some other expedient that may answer the Expectation of God and the World Richard Banks Thomas Coleman William Smith Thomas Gould On the behalf of our selves and the rest of the Creditours The Creditors APPEALE To the KINGS most excellent MAIESTY and the LORDS of His most Honourable PRIVY-COUNCIL CONCERNING The Island of BARBADOS and the Ship Bona Esperanza taken by the Dutch Anno 1643. TO relate all the services and good offices done to the Crown and People of England by Sir William Courten and Sir Paul Pinder were to write Volums in their praises And to shew what Honour they did the English Nation abroad what advantages they brought to the King and Subjects at Home what encouragements they gave to Seamen and Merchants for encrease of Shipping and Trade were a just reprehension to some and a recrimination to others that by indirect practises have brought great Miseries both upon the Families and Creditors of those two worthy Patriots of their Country In the Year 1626. Sir William Courten sent Captain Henry Powel Commander of the good Ship called the William and John of London with six and fourty Men of several Handycraft Trades to plant and possess the Island of Barbados which was not before inhabited by any person whatsoever either native or others The said Captain Powel having landed his Men and taken possession of the Island for Sir William Courten continued with them upon the Island the space of a fortnight in which time they cut down some Woods and built some small Houses for their present conveniencies He then left them provisions and sailed to the Main upon the Coast of Guyana and furnished himself with roots plants fowles Tobacco-seeds sugar-canes potatoes and other materials and brought along with him thirty two Indians which he placed upon the said Island who taught the English to plant the said roots seeds c. the first that ever was planted there Sir William Courten sent another Ship called the Peter with a Pinnace called the Tomasine commanded by John Powel wherein were threescore and ten Men and Women with several materials also for planting the said Island for Sir William Courten aforesaid who were all landed there before Captain Henry Powel returned for England and had built a Fort called the plantation Fort That in the Year 1627 Sir William Courten set up the King of Englands Colours placed a Governour made Constitutions and Ordinances there according to the Laws of England having procured a Patent from King Charles the first under the great Seal in the name of Philip Earl of Pembroke in trust to countenance the said Government and Plantation And before the Year 1628 they had built three Forts 100 Houses began five plantations viz. the Corn Plantation the Indian bridg the fort the Indian East and Powels plantation all which was done at the proper Cost of Sir William Courten that about the Month of April 1628 the Earl of Carlisle having a patent of the Charebe Islands sent a letter directed to Captain John Powel and Captain William Deane in Barbadoes and to others there entreating them to give entertainment and respect unto Captain Charles Wolverstone whom he had sent thither with several men from London hearing it was a hopeful Plantation and to joyn with them in it The Earl of Carlisle engaging himself upon his Honour in the said Letter that the said Wolverstone and his men should not give them any occaâ—ion of offence or trouble in their said plantation not suspecting any prejudice from English-men coming from a person of Honour they entertained Wolverstone and fourty men or thereabouts with him who seduced the people under pretence of greater privileges in the said Island and seized the forts and took Captain John Powel Prisoner and others that would not adhere to them Then Wolverstone declared that he was there as Governour of the said Island for the Earl of Carlisle That in the Year 1629 Sir William Courten sent Captain Henry Powel again in the good Ship called the Peter and John with a 100 men well provided with Arms who took the forts released John Powel and the rest of the Prisoners and brought the said Wolverstone away Prisoner to London by virtue of a Warrant under the hand and seal of the said Earl of Pembroke The said John Powel and his Company afterwards continued in the quiet possession of the said Island six Months or thereabouts and then one Henery Hawley arrived at the said Island in a Ship called the Carlisle and invited the said John Powel with others to an entertainment on Ship-board who seized them and carried them away Prisoners to St. Christophers and sent a company of leud persons from thence and daily supplies from other Merchants of London who usurped the whole Island and Government from Sir William Courten and his Company contrary to the Law of God and Nations That several persons who refused to joyn with the Earl of Carlisle or those that pretended to have the Power under him were stigmatized whipt imprisoned and shot to death And then several men of mean quality understanding the condition of the Island took advantage of the times and went over with a company of loose and idle persons who possessed themselves of the said Island and plantations and out of the vast expence and charges of Sir William Courten and his endeavours they have gotten great estates but have yielded no satisfaction either to Sir William Courten or his assigns notwithstanding the said Sir William Courten had two several Judgments against the Earl of Carlisle and Wolverstone upon trials in the Court of Admiralty concerning the propriety of the said Island The Power of the said Earl of Carlisle being greater at the Council table then Sir William Courten or his interest the complaint was suspended and the Dammages which were then thirty thousand pounds and upwards wholly detained by
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
seasonable Releif after so many Years sufferings and forbearance of their Debts And by this way of improvement I fear not but their Cause will finde Patrons and Advocates if they consider rightly the Benefit and convenience that all Estates may reap where the whole Design looks towards the Glory of God the Honour of the King the Advantage of the Clergy and the prosperity of the whole Nation to which all Men should subscribe Connecta pacis Deo concordia vinctus Gratia soli Deoque Gloria GEORGE CAREW Some Objections have been raised against the particulars following which shall be fully answered and further invincible reasons given and expedients offered to the Parliament in convenient time which will appear conducing to the benefit and advantage of the King and Subject Some Obstructions have been met withall from several persons that would rather continue mistakes and keep those things in obscurity which ought to be brought to Light and discoursed properly to a Parliament Some Grievances there may be deserâ—ed upon due examination of the Contents which cannot properly be relieved any where but in Parliament unto whom the persons concerned do make it their Humble desires that A Committee may be appointed to debate those things which may give a General satisfaction to the Nation and a speedy remedy of several abuses and inconveniences daily suffered by the King and Kingdom THE CONTENTS AN Epistle to the Lord Chancellour Lord Treasurer and the rest of his Majesties most Honourable Privy-Councel 3. A Preamble to the whole Treatise and Proceedings 4. A Petition of Walter Devereux and George Carew for the General Collection of Chauntry rents pentions portions and forein rents in England and Wales 5. The Lord Treasurers referrence upon that Petition to the Barons of the Exchequer and others ibid. An order of the Barons on the Lord Treasurers Referrence 8. The second Order of the Barons in relation to the Lord Treasurers referrence ibid. A Methode of the antient way concerning accompts in the Exchequer 9. A Certificate of the sworn Clerks of the Pipe concerning the accompts and miscarriages of Auditours Receivers and Collectors 9. 10. Several Proposals and Considerations of Walter Devereux and George Carew offered to the Lord Treasurer and others touching the Kings certain Revenue how it may be brought into his Majesties Receipt of Exchequer without Charge 11. 12. The Barons Report upon the Petition and Referrence concerning the Collection of the Chauntry rents Pentions Portions c. 13. A Petition of George Carew John Culpeper and Thomas Gould for a Patent of the first Fruits and Tenths at 60000 pounds per annum rent for the term of one and thirty Years 5. The Arguments and Propositions annexed to the Petition concerning the improved values of first Fruits and Tenths of the Clergy which ought to be paid to the King 6. 7. An Epistle to the Arch Bishop of Canterbury 14. Further Considerations offered by the Creditors to the Clergy concerning their due payment of first fruits and tenths to the King 15. The Kings right to the government of the Church and the original of the Popes Usurpation over Christian Princes 16 The office of Bishops and Dignitaries of the Church of England vindicated 17. The Inference or conclusion from the Considerations offered to the Clergy 18. Several Considerations of the Creditors offered to the Lords Spiritual the Lords temporal and Commons assembled in Parliament concerning the Kings Revenue and the debts of the Crown 19. 20. An appeale of the Creditors to the Kings most excellent Majesty and the Lords of his most honourable Privy-Councel concerning the island of 〈◊〉 and the Ship Bona Esperanza taken by the Dutch 21. The Epilogue 22. FINIS The King hath been paid most of his small Rents with Pen and Ink and Dog-Latine since the Course of the Excheq hath been Altered and the Subject often vexed grieved without cause as in Baron Trevers time a Tenant in York-shire was put to 3l charge by Tho. Westly a Messenger for 4d Rent Charged upon his Estate without his knowledge Many of the like cases have hapned by false returns and Allowances of Supers c. Damages is 346000l concerned in it are sixty four Persons of â—ons many of them â—verished for want of By the last general Pardon the Clergy were forgiven 50000. pounds which was due to the King upon Bonds for First-Fruits and Tenths The Layity by the King 's happy Restauration were put into possession of such Estates that were their own inheritance But the Bishops c. into improved vacancies that were under Consideration of the Law for many years together Note the Current money of England much infeebled since those times See the several Presidents and Commissions with Returns of full values in Queen Elizabeths Time 〈◊〉 nullo queat esse modo 〈◊〉 cujus Gubernandi 〈◊〉 non Regem sit 〈◊〉 Felicia illa olim tempora in quibus majus subditorum animis in sedit utilitatis Regiae studium quam rerum suarum cura familiarium Object 1. As the King was to the Church of Scotland Object 2. Vide Lord Burley 's Speech â—o Queen Elizabeth Object 3. Felo de se est quisquis de jure Regali demit The present yearly Revenue of the First-Fruits and Tenths not twenty thousand pounds all charges deducted See Selden upon Tythes of the Eastern Countryes Vide Doctour John Gersâ—n hâ—s Treatise called Regulae morales Ir. in t Com. Hill 1. Ma. Ro. 55. exparte Rem Thes. Article 8. Article 25. Article 32. Vide The Draught of a Warrant ready prepared and offered by the Auditours to the Barons to sign for Messengers to levy the Kings Rents although formerly adjudged illegal at the Councel Table A poor Messenger in Yorkshire purchased Land worth 300. pound per annum by exactions and oppressing the People By return of Clothiers â—rasiers and others that deal in Staple Commodities being advantagious to the Subject to pay their money in London where they sell their Commodities that are made in those Countries and where the Cattell are fed that serves both Countrey and City Sir Châ—â—stopher Hatton Mr. Lyons and Mr Wharton thâ—ee of the Receivers of the Revenue are 36000 l. in Arrear which was occasioned chiefly by the Auditours not duly declaring their Accompts so that they paid what they pleased and when they pleased being under no controll that would discover the fraud The Auditours and Receivers in many cases take upon them the Office of Treasurer Chancellour Barons Chamberlains and Remembrancers The Chantry Rents are troublesome to be brought into the Sheriffs Accompts it is therefore humbly conceived that that charge is most proper for the Collectour Generall Vide the Report of Sir Robert Cotton concerning the Collection of the Queen's Rents under halfe a Crown 4000. l. per Annum is now and hath been for many years paid into the Wardrobe by severall Fee-Farmers and other Tenants A Receiver for Yorkshire lately gave 1800. l. for his place aâ— Assignee from
in those times All which I have according to my promise avoiding Prolixity put into some kind of Method under several Titles describing the several Tempers of such Persons as are guilty of defrauding the Crown I have been true to my own Resolutions and dealt impartially with all Men as the Creditors desired I did also according to their Request before Apply my self to his Majesty at White-Hall where I found many Petitioners some craving Reward others begging Relief for Sufferings and Services done both to his Majesty and His Royal Father of ever Glorious Memory neither of them minding how the King should now support himself in his Imperial Estate answerably to the Majesty of so great a Prince and the Honour of so great a Nation I then cast about me to find out some expedient whereby I might be rather Serviceable to the King than Burthensome or Grievous to the People and yet satisfie my self In order thereunto I presented these Petitions following according to their several Dates Whereupon there have been some Proceedings but nothing finally determined All which rest under the Consideration of his Majesty and his most Honourable Councel in Parliament I have contracted all things into as narrow a compass as I could of so much matter not doubting but that it may find Room amongst other Weighty Affairs I leave it therefore at the Parliament-Dore for them to do what in Honour and Equity the Merits of the Cause require April 23. 1661. Veritas non quaerit Angulos George Carew To the King 's Most Excellent MAJESTY The Humble Petition of Walter Devereux and George Carew Esquires SHEWETH THAT there are divers Collections in your Majesties Kingdom of England and Dominion of Wales that were formerly Granted to several Men of mean Quallity and Condition by Patents out of the Exchequer during pleasure to receive the Chantry Rents Pensions Portions and Forreign Rents amounting formerly to Six Thousand Pounds yearly or thereabouts belonging to the Crown of England And that the said Collectours were allowed the certain Fees or Sallaries which were annexed to those Collections in the Times of the Abbots and Friers That through the Neglect Poverty or other Dafault of the said Collectours and Accomptants the Crown of England hath lost Two hundred thousand Pounds in that Part of the Revenue since the beginning of Queen Elizabeth's Reign which stands charged in Super upon those Bayliffs or Collectours in the several Auditours and Receivers Accompts to the great prejudice and Dishonour of your Majesties Revenue which may hereafter be more faithfully discharged with advantage and conveniencie to your Majestie and your Subjects Your Petitioners therefore humbly pray That your Majesty would be graciously pleased to Grant your Petitioners a Patent under the Great Seal for their Lives to Collect the said Chantry Rents Pensions Portions and Forreign Rents allowing them the said Fees of the several Collections and your Petitioners shall give good Assurance of their Fidelity and Trust in your Majestie 's said Service And your Petitioners shall pray c. Walter Devereux Geo. Carew His Majesty was graciously pleased afterwards to refer the Contents of the Petition to the Lord High Treasurer of England who made another Reference as followeth viz. September 17. 1660. I Desire the Lord Chief Baron and the rest of the Barons of his Majesties Exchequer and Master Surveyour General of his Lands calling to them the Clerk of the Pipe his Majesties Auditours and Receivers of his Revenue in the several Counties or whom else they please to examine the Reason why this Part of his Majesty Revenue mentioned in this Petition is so ill Answered and so great Arrears upon it And to Consider the best way to prevent it in the future And in Case the Proposition of the Petitioners for reducing all into one Hand or Collection may contribute thereunto to Certifie me there Opinion And to that end I pray them to hear what the Petitioners shall in that kinde Propose and what Security the Petitioners will give to acertain those Rents And upon the whole Matter to certifie their Opinions what is best to be done in Order to this Part of his Majesties Revenue and his Majesties Service therein THO. SOVTHAMPTON To the King 's Most Excellent MAJESTY The Humble Petition of George Carew Thomas Gould and John Culpeper Esquires on behalf of themselves and the rest of the Creditours of Sir William Courten and Sir Paul Pinder Knights Deceased SHEWETH THAT King CARLES the First of ever Blessed Memory for the ordinary support of himself in his Royal Estate at home and for the necessary supply of his Embassadours abroad borrowed several great Sums of Money of Sir William Courten and Sir Paul Pinder and others amounting to 150000. Pounds and upwards which was taken up by the said Sir William and Sir Paul and others of several Men upon Bonds That many of those Persons are since deceased and have left their Widows and Orphants in a sad and perishing Condition for want of Bread That for security and re-payment of the said Money with Interest his late Majesty did for himself His Heirs and Successours before the year 1640. by Letters Patents under the Great Seal of England and other Assignments upon the Lands and Revenues within the Snrvey of the Exchequer give Warrant and Commandment to the Lord High Treasurer Chancellour Vnder-Treasurer Chamberlains and Barons of the Exchequer for the time being to pay the said Debt That there is yet notwithstanding resting due unpayed of the said Debt the Sum of 140000. Pounds or thereabouts as by the Books of Issues remaining with Sir Robert Pye Auditour of the Receipts and the Accompts stated remaining with the Auditours of the Imprest may plainly appear That the Money now belongs to your Petitioners by Virtue of Letters of Administration to them granted in right of themselves and other Creditours and the poor Orphans and Widows aforesaid That the Revenue of First-Fruits and Tenths is not duly answered by the Clergie into your Majesties Exchequer according to Law and the Rights of Proportion which belongs to the Crown of England there being great Improvements made of New-buildings draining of Fens taking in of Sea-grounds breaking up of Parks and Chases Increase of Rents and many other wayes of advantage and profits to the Clergy which ought to be accordingly considered to your Majesty and paid in proportion into your Exchequer as a means to give satisfaction to your Petitioners most just Demands The Premises considered and for as much as your Petitioners may be partly satisfied out of the improvement of First-Fruits and Tenths and your Majesties Revenue made treble as much as hath been formerly paid into your Treasury The Nation generally satisfied therewith Religion and Learning both advanced by considerable Augmentations that may be further given to poor livings besides Your Petitioners therefore do humbly pray that your Majesty would Grant them a Patent of the First-Fruits and Tenths for the Term of one and thirty
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.
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