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.

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,* 1.1 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, Bishop∣prick, Deanary, Prebendary, Parsonage, Uicarage, or any other Dignity, or Spiritual Promoti∣on whatsoever within this Realm, of what name, nature, or quality soever they be, or to whose Pa∣tronages, or guifts soever they belong; the First-Fruits, Revenues, or Profits, for one year, of e∣very 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 Pro∣motion 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 Eng∣land, 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 exa∣mine, 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 pro∣fits, and to limit days of payment upon good security, which should be in the nature of a Statute Staple.

AND whereas it was Ordained,* 1.2 and Enacted, by the Authority aforesaid, That the Kings Maje∣stie, 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, Spiritu∣al 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, Pen∣sion, or Tenth part, shall be Taxed, Rated, Levyed; Received, and paid to the Kings use, in man∣ner, 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 Com∣missions in the Kings name, under his great Seal, to such person, or persons, as the Kings High∣ness 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 discreti∣ons 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 whatsoe∣ver, 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 Re∣spective Diocesses. And that upon the Bishops Certificate, any Incumbent, refusing to pay his Tenths, shall be discharged of his Living.

BY the grave advice,* 1.3 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 en∣crease 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,* 1.4 Tenements, and Hereditaments, be∣longing to these Ecclesiastical Dignities, and Promotions, and have also Erected divers Foundati∣ons, Colledges, and houses of Learning, and given large Inheritances, and Endowments there∣unto; 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 Relati∣ons; 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 in∣tire 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,* 1.5 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:* 1.6 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 Ci∣vill 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.* 1.7

ANSWER.* 1.8 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 pay∣able 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,* 1.9 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 confirm∣ed 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 expres∣sed, in their desires upon the like occasion, of improving that part of the Kings Revenue.

THE Incumbents have,* 1.10 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,* 1.11 part of the debt, due from the [ 1] 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 what∣soever.

2. THAT the Petitioners will not take any First-Fruits of such Benefice, or Living, which [ 2] is Appropriated to the Cure of Souls; that upon the Examination, and enquiry, shall not be indif∣ferently 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,* 1.12 or care of Collection of the First-Fruits, [ 3] 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 pos∣session 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 re∣quires; 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 re∣covering 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 Mi∣nister, 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,* 1.13 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 Pa∣trons, 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 there∣in; 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 grea∣ter 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.

Notes

• * 1.1

  Note, the Current money of England much infeebled since those times.
• * 1.2

  See the several Presidents, and Commissions, with Re∣turns of full values, in Queen Elizabeths Time.
• * 1.3

  〈◊〉〈◊〉 nullo queat esse modo 〈◊〉〈◊〉 cujus Gubernandi 〈◊〉〈◊〉 non Regem sit 〈◊〉〈◊〉.
• * 1.4

  Felicia illa olim tempora, in quibus majus subditorum a∣nimis in sedit utilitatis Regiae studium, quam rerum suarum cura familiarium.
• * 1.5

  Object. 1.
• * 1.6

  As the King was to the Church of Scotland.
• * 1.7

  Object. 2.
• * 1.8

  Vide Lord Burley's Speech ••o Queen Elizabeth.
• * 1.9

  Object. 3.
• * 1.10

  Felo de se est quisquis de jure Regali demit.
• * 1.11

  The present yearly Revenue of the First-Fruits and Tenths, not twenty thousand pounds, all charges deducted.
• * 1.12

  See Selden upon Tythes, of the Eastern Countryes.
• * 1.13

  Vide, Doctour John Ger∣s••n h••s Treatise, called Regulae morales.