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<DATE>2007-11-29</DATE>
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<NAME>Pip Willcox</NAME>
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<VID>170749</VID>
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<DIV1 TYPE="proposition">
<PB REF="1" MS="y">
<HEAD>SEVERALL GROUNDS, REASONS, ARGUMENTS, AND PROPOSITIONS, Offered to the Kings Mo&s;t Excellent MAJESTY, For the Improvement of His Revenue in the <HI>Fir&s;t-Fruits,</HI> and <HI>Tenths:</HI> Annexed to the Petition of <HI>James,</HI> Earl of <HI>North-hampton, Leicester,</HI> Vi&s;count <HI>Hereford,</HI> Sir <HI>William Farmer,</HI> Baronet, <HI>George Carew,</HI> <ABBR>E&s;q</ABBR> and the re&s;t of the Petitioners for a Patent of the <HI>Fir&s;t-Fruits and Tenths,</HI> for the Term of one and thirty Years, at the yearly Rent of Three&s;core Thou&s;and Pounds.</HEAD>
<P>THAT Whereas in the <HI>26th.</HI> Year of King <HI>Henry</HI> the Eight, The Lords Spiritual, Temporal, and Commons A&s;&s;embled in Parliament, with His Royal A&s;&s;ent, did Ordain, and Enact, That the King's High|ne&s;s, His Heirs, and Succe&s;&s;ours, Kings of this Realm, &s;hould have and enjoy for ever, the fir&s;t-Fruits, and Profits for one year, of every Per&s;on, and Per&s;ons, which &s;hould be Nominated, Elected, Pre&s;ented,<NOTE PLACE="marg">Note, The Current Mo|ney of <HI>England</HI> much infee|bled &s;ince tho&s;e Times.</NOTE> or by any other Ways, or Means appointed, to have any Arch-Bi&s;hoprick, Bi&s;hoprick, Deanry, Prebendary, Par&s;onage, Vicarage, or other Dignity, or Spiritual Promotion what&s;oever within this Realm, of what Name, Nature, or Quality &s;oever they be, or to who&s;e Patronages, or Gifts &s;oever they belong, the fir&s;t-Fruits, Revenues, or Profits, for one year of every &s;uch Dignity, Benefice, or Spiritual Promotion, whereunto any &s;uch Per&s;on or Per&s;ons, &s;hall be Nominated, Pre&s;ented, Elected, or Appointed; And that every &s;uch Per&s;on or Per&s;ons, before any Actual and Real Po&s;&s;e&s;&s;ion, or medling with the Profits of any &s;uch DIgnity, Benefice, Office, or Promotion Spiritual, &s;hould &s;atisfie, content, and pay, or agree to pay to the Kings V&s;e, at rea&s;onable Daies and Times, upon good Sureties, the fir&s;t Fruits and Profits for one whole year, to the Kings Trea&s;ury. &rindx; And it was Enacted by the Authority afore&s;aid, that the Lord Chancellour of <HI>England,</HI> and Ma&s;ter of the Rolls, for the Time being, and from time to time, at their Will and Plea&s;ure, &s;hould name and de|pute by Commi&s;&s;ion, or Commi&s;&s;ions, under the great Seal, fit Per&s;ons to examine and &s;earch for the ju&s;t and true Values of the fir&s;t Fruits, and Profits, by all ways and means that they can, and to compound and agree for the Rate of the &s;aid fir&s;t Fruits and Profits, and to limit days of Payment upon good Security, which &s;hould be in the Nature of a <HI>Statute Staple.</HI></P>
<P>AND Whereas it was Ordained and Enacted by the Authority afore&s;aid, That the Kings Maje&s;ty, His Heirs, and Succe&s;&s;ours, Kings of this Realm, &s;hall yearly have, take, enjoy, and receive, united, and knit to the Imperial Crown for ever, one yearly Rent or Pen&s;ion, amounting to the Tenth Part of all the Revenues, Rents, Farmes, Tythes, Offerings, Emoluments, and of all other Profits, as well called Spiritual, as Temporal, now ap|pertaining,<NOTE PLACE="marg">See the &s;everall Pre&s;idents and Commi&s;&s;ions with Returns of full values in Queen <HI>Eli|zabeth</HI>'s Time.</NOTE> or belonging, or hereafter that &s;hall belong to any Arch-Bi&s;hop, or Bi&s;hop, Dean, Prebend, Par&s;on, Vicar, or other Benefice, Spiritual Dignity, or Promotion what&s;oever, within any Dioce&s;s of <HI>England</HI> or <HI>Wales,</HI> and that the &s;aid yearly Pen&s;ion, Tenth, or Annual Rent, &s;hall be yearly paid to the Kings Maje&s;ty, His Heirs or Succe&s;&s;ours, Kings of this Realm for ever, which was confirmed by &s;everal Acts of Parliament, in <HI>32 Hen. 8.</HI> and <HI>34 H. 8.</HI> and <HI>37 H. 8.</HI> and <HI>2 Edw. 6.</HI> and <HI>7 Edw. 6.</HI> and the <HI>1 Eliz.</HI> &rindx; And it was al&s;o further Enacted and Ordained by the &s;aid Authorities, That the &s;aid yearly Rent, Pen&s;ion, or Tenth Part, &s;hall be Taxed, Rated, Levied, Re|ceived, and Paid to the Kings V&s;e, in Manner and Form following, that is to &s;ay; The Lord Chancellour of <HI>England,</HI> for the time being, &s;hall have Power and Authority to direct into every Dioce&s;s in <HI>England,</HI> and <HI>Wales,</HI> &s;e|veral Commi&s;&s;ions in the Kings Name, under His Great Seal, to &s;uch Per&s;on or Per&s;ons, as the Kings Highne&s;s &s;hall name and appoint, Commanding, or Authori&s;ing the Commi&s;&s;ioners, or Three of them at lea&s;t, to Examine, Search, and Enquire, by all the Ways and Means that they can, by their Di&s;cretions of, and for the true, ju&s;t, and whole intire yearly Values, of all the Mannours, Lands, Tenements, Rents, Tythes, Offerings, Emoluments, and Hereditaments, and all other Profits what&s;oever, as well Spiritual as Temporal, appertaining to any &s;uch Dignity, or Spiritual Promotions as afore&s;aid, ordinary Deductions to be defalked out of the &s;ame. And that the &s;eve|ral Bi&s;hops &s;hould be charged with the Collection of the &s;aid fir&s;t-Fruits and Tenths, in their &s;everal and re&s;pective Dioce&s;&s;es. And that upon the Bi&s;hops Certificate any Incumbent, refu&s;ing to pay his Tenths, &s;hall be di&s;charged of his Living.</P>
<P>BY the Grave Advice, and Con&s;ultations of all E&s;tates in &s;o many Parliaments, the fir&s;t Fruits and Tenths were granted and confirmed to the Crown of <HI>England,</HI> for the better Maintenance, and Support of the Royal E&s;tate.<NOTE PLACE="marg">Felix nullo que ut e&s;&s;e modo po|pulus, cujus gu|bernandi pote&s;tas non pen&egrave;s Re|gem &s;it divitem.</NOTE> And if the People are &s;ince multiplied, whereby there is a further encrea&s;e of Rents and Tythes, and a greater Value upon all Commodities, the Crown Revenue &s;hould be Improved towards the King's innumerable Charges for the Government, and well-being of tho&s;e People, and holding a Corre&s;pondence with all Forreign Princes, for their Trade and commerce. As lately the Spani&s;h Trade was re&s;tored at the King's Charge.</P>
<P>KIngs, and Queens of <HI>England,</HI> gave mo&s;t of the Lands, Tenements and Hereditaments belonging to the&s;e Eccle&s;ta&s;tical Dignities and Promotions, and have al&s;o Erected divers Foundations, Colledges, and Hou&s;es of Learning, and given Large Inheritances, and Endowments thereunto, whereby mo&s;t of the Clergy have their Educations, and are made fit for the&s;e Dignities, and other Mini&s;terial Offices in the Church, without any great Charge to their Families, or Relations, therefore good Rea&s;on the fir&s;t-Fruits and Tenths of all their Dignities and Benefices, &s;hould be paid to the King, whom they hold of, as Patron Paramount, and as Supream Head of the Church, and Defender of the Faith of <HI>England.</HI></P>
<P>THe Statutes, and e&s;tabli&s;hed Laws of the Land, are made for the full Payment, and whole intire fir&s;t-Fruits and Tenths, wherein the Clergy them&s;elves had their Votes in Parliaments. And it it is as great Inju&s;tice for<NOTE PLACE="marg">Felicia illa olim tempora, in qui|bus majus &s;ubdi|torum animis in&s;edit utilitatis Regiae &s;tudium, quam rerum &s;u|arum curae fa|<GAP DESC="illegible" RESP="apex" EXTENT="1 line"></NOTE> the Clergie to withold any part of the Kings Dues, as others to deny them any Part of their Predial, Per&s;onal, or Mixt Tythes, the Subject in general &s;uffers, wherein the Kings Revenue is abated, which of Right belongs to the Crown. Every private per&s;on may, as often as he plea&s;es, improve his own Revenue, when occa&s;ion &s;erves.</P>
<P>THe Meane&s;t Subject is allowed the Benefit of the Law, and the King does him Iu&s;tice, and Maintains his Property, according to the Common and po&s;itive Laws of the Land. The King may expect the &s;ame&punc; Benefit of the Laws, and require His own Rights, and Revenues, by tho&s;e Rules of Iu&s;tice, which all men are bound to ob&s;erve and obey.</P>
<DIV2 TYPE="objections">
<HEAD>Three Objections rai&s;ed again&s;t Payment, of fir&s;t-Fruits and Tenths, An&s;wered by the Petitioners.</HEAD>
<MILESTONE N="1" UNIT="Obj.">
<P><HI>THat the fir&s;t-Fruits and Tenths, is an Innovation obtruded upon the Clergy of late Times&punc;</HI></P>
<P>To this they an&s;wer, That the fir&s;t-Fruits and Tenths, were paid in the <HI>Saxons</HI> Time, as appears by <HI>Bedes Eccle&s;ia&s;tical Hi&s;tory,</HI> and have &s;o contiued ever &s;ince in <HI>England,</HI> to this very day, and that tho&s;e Payments or Tri|butes,<NOTE PLACE="marg">As King <HI>James</HI> was to the Church of <HI>Scotland.</HI></NOTE> <HI>Bede</HI> calls <HI>Vectigal,</HI> which &s;ignifies a <HI>Badg of Subordination of the Clergie to the &s;upream Civil Magi&s;trate,</HI> and where they have ca&s;t off this Tribute, the Civil Magi&s;trate hath been &s;ubordinate to the Authority of the Church.</P>
<MILESTONE N="2" UNIT="Obj.">
<P><HI>THat the fir&s;t-Fruits and Tenths, are of a Popi&s;h In&s;titution.</HI></P>
<P><HI>An&s;w.</HI> It may be &s;atisfactory <GAP DESC="illegible" RESP="apex" EXTENT="2 letters">ough, that this Tribute of fir&s;t-Fruits and Tenths, have been paid to all Kings and Queens of <HI>England,</HI> &s;ince the Reformation in <HI>Henry the Eighth'<HI>s</HI></HI> Time, without any Repeal of any of the &s;aid Statutes: but in the Time of <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">opery, <HI>(viz.)</HI> in the 2. and 3. of <HI>Philip</HI> and <HI>Marie,</HI> The Act for paying of fir&s;t-Fruits and Tenths was repealed, but confirmed again in the very fir&s;t year of Queen <HI>Elizabeths</HI> Reformation of Reli|gion<NOTE PLACE="marg"><HI>Vide</HI> Lord <HI>Burley</HI>'s Speech to Queen <HI>Eli|zabeth.</HI></NOTE> from Popery, by the Statute of the <HI>1. Eliz. chap. 4.</HI> With a Recital and Ratification of all former Statute<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">, that confirmed the &s;ame to the Crown, and have continued in Force ever &s;ince: So that if the Tythes be <HI>Jure Divino,</HI> payable to the Clergie for their Admini&s;tration of the Word and Sacraments to the People, the fir&s;t-Fruits and Tenths <HI>Jure Politico</HI> are payable to the King, their Soveraign Lord, for His Admini&s;tration of Iu&s;tice, and main|taining the Rights, Priviledges, and Liberties, both of Church and State.</P>
<MILESTONE N="3" UNIT="Obj.">
<P><HI>THat the Clergie of all Orders and Degrees, have lately &s;uffered, and therefore ought not to be rai&s;ed in their fir&s;t Fruits and Tenths.</HI></P>
<P><HI>An&s;w.</HI> That the King hath &s;uffered more, and His Revenue much dimini&s;hed by the late dete&s;table and irreligious War, which hath been fomented, and encouraged by many thou&s;ands of the Clergie, now confirmed in their Livings by Act of Parliament, and the Commons of <HI>England</HI> would more willingly pay their Tythes, if they were &s;en&s;ible the fir&s;t-Fruits, and full Tenths were to be paid to the King, as they lately expre&s;&s;ed in their de&s;ires upon the like Oc|ca&s;ion of improving that part of the Kings Revenue.<NOTE PLACE="marg"><GAP DESC="illegible" RESP="apex" EXTENT="1 letter">elode &s;e e&s;t, qui&s;quis de jure regali demit.</NOTE></P>
<P>THe Incumbents have, and do daily take Advantages for their Tythes, of new Tillage, and other Improvements of Land, which ought to be proportionably an&s;wered to the King. The Bi&s;hops, and all other Per&s;ons in Spiri|tual Dignities and Promotions, may rai&s;e a full Tenth Part to be paid by their Tenants, who offers now to advance &s;o much be&s;ides the old re&s;erved Rents, and al&s;o to repair the Ruins of their Cathedral Churches.</P>
</DIV2>
<DIV2 N="king" TYPE="proposals">
<HEAD>Six Propo&s;als to the King.</HEAD>
<P N="1">1. THat the &s;aid Petitioners will di&s;charge the &s;aid Debt of fifty thou&s;and pounds due from the Crown, as mentioned in their Petition, and give good Security for the payment of &s;ixty thou&s;and pounds yearly Rent unto His Ma|je&s;ty,<NOTE PLACE="marg">The pre&s;ent yearly Reve|nue not fifteen thou&s;and pounds, all Charges de|ducted.</NOTE> His Heirs or Succe&s;&s;ours, Kings of <HI>England,</HI> during the &s;aid Term of one and thirty years, without any Defalkation, other charges, or repri&s;al what&s;oever.</P>
<P N="2">2. THat the Petitioners will not take any fir&s;t-Fruits or Tenths, of &s;uch Benefice or Living, which is appropriated to the Cure of Souls, that upon due Examination and Enquiry, &s;hall not be indifferently found and returned at the full yearly Value of thirty pounds upon the Survey.</P>
<P N="3">3. THat no Ho&s;pital, Colledge, or Schole &s;hall pay any fir&s;t-Fruits or Tents.</P>
<P N="4">4. THat the Bi&s;hop &s;hall not be troubled with the care or charge of Collection of fir&s;t-Fruits or Tenths, within his Dioce&s;s: but be wholly bu&s;ied in the other &s;piritual Affairs of the Church, and Cure of Souls.<NOTE PLACE="marg">See <HI>Selden</HI> up|on Tyhes of the Ea&s;tern Countries.</NOTE></P>
<P N="5">5. THat all Mini&s;ters who were &s;ettled in Livings, before the <HI>29th. of May</HI> la<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> 1660. and have already compounded for their fir&s;t Fruits, &s;hall be di&s;charged accordingly.</P>
<P N="6">6. THat the Petitioners will prepare a Bill That the &s;aid Patent for one a<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">d thirty years may be confi<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">med by Parliament, (with His Maje&s;tyes Concurrence) to the Petitioners, containing &s;uch Covenants&punc; Clau&s;es&punc;<NOTE PLACE="marg"><HI>Vide</HI> Sir <HI>Henry Yelverton's</HI> ad|vice to King <HI>James.</HI></NOTE> Provi&s;oes, Conditions, and Agreements, as the Attorney General, and the re&s;t of His Maje&s;ties Council, Learned in the Law &s;hall rea&s;onably Advice and direct, whereby all legall Power and Authority may be granted and confirmed to the Petitioners, to Tax, Levie, and Receive the &s;aid fir&s;t-Fr<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">its and Tenths, in as large and ample a manner, as by the &s;aid Laws and Statutes, the &s;ame were granted to the Kings and Queens of <HI>England,</HI> as afore&s;aid.</P>
</DIV2>
<DIV2 N="clergy" TYPE="proposals">
<HEAD>Three Propo&s;als offered to the Clergie.</HEAD>
<P N="1">1. THat upon the Nomination, Appointment, Election, or Pre&s;entation of a<GAP DESC="illegible" RESP="apex" EXTENT="2 letters"> Spiritual per&s;on, into t<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">e &s;aid Dignities, Benefices, or Promotions, and before they enter into the Actual po&s;&s;e&s;&s;ion thereof, they &s;hall be bound in a Recognizance, in the Nature of a Statute Staple, with two &s;ufficient Sureties to pay the fir&s;t Fruits, according to the full value, as &s;hall be returned upon a Survey, payable within four years, after &s;uch Nomination, E|lection, pre&s;entation, or Entrance, at eight &s;everall payments, by equal portions <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">very &s;ix Moneths, and that one years Tenths of every &s;uch Dignity, Benefice, or promotion, &s;hall be deducted out of the &s;aid fir&s;t-Fruits.</P>
<P N="2">2. THat whereas by the Liberty and Di&s;order of the late depraved Times, the Clergie were not held in &s;uch Reverence and E&s;teem by the Common People, as the Dignity of their Calling requires. And they have been forced to commence &s;everal Actions for their Tythes, and by rea&s;on of Contentio<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">s and di&s;tempered Spirits, the Preaching of the Word of God, hath been unprofitable to the people, that have taken aprejudice again&s;t the Mini&s;tery.<NOTE PLACE="marg"><HI>Vide</HI> Doctour <HI>Iohn Ger&s;on</HI> in his Treati&s;e called <HI>Regulae Morales.</HI></NOTE> Therefore a &s;hort Bill &s;hall be prepared by Coun&s;el, and offered to the Parliam<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">nt, that an Act may be pa&s;sed for the &s;peedy Recovering of Tythes, and that the two next Iu&s;tices of the peace adjacent to the place, may have power upon Complaint of any Mini&s;ter, or other per&s;on to whom the Tythes do, or &s;hall belong, to i&s;&s;ue their Warrants yo di&s;train the Goods and Chattels of any per&s;on or per&s;ons refu&s;&s;ing to pay their Tythes to whom they &s;hall become due and payable as afore&s;aid. That Love and Vnity may be pre&s;erved between the Mini&s;ters and their Congregations.</P>
<P N="3">3. THat it &s;hall be propo&s;ed to His Maje&s;ty, That forthwith Conmi&s;&s;ions m<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">y be i&s;&s;ued out in His Maje&s;ties Name throughout <HI>England</HI> and <HI>Wales,</HI> to examine and finde out the full Values of all Dignities, Benefices, Par&s;onages<NOTE PLACE="marg">Nece&s;&s;ary that an A&s;&s;i&s;tant be to the Secreta|ries of State by rea&s;on of their m<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ny other <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">eighty affairs.</NOTE> and other Spiritual Promotions afore&s;aid to return the Surveys ther<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">of, with the Names of the Patrons, and pre&s;ent Incumbents, (and in the mean time to &s;u&s;pend all proceedings in the fir&s;t-Fruits Office) And that His Maje&s;ty would be plea&s;ed to appoint <HI>Thomas Coleman</HI> to be Secretary for Pre&s;<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ntations, (of all &s;uch Livings as &s;hall be in His Maje&s;ties Di&s;po&s;e) who is a fit per&s;on for that Imployment, and will wholly intend His Maje&s;ties Ser|vice therein: To the end, that His Maje&s;ty may be fully informed of the true Value of tho&s;e Livings, that well qualified per&s;ons may be preferred, an&s;werable to &s;uch promotions. And whereas for the Ea&s;e of His Maje&s;ty, Seve|ral Livings and Promotions were heretofore in the Lord Chancellour, or Lord Keepers Di&s;po&s;e, to be &s;o continued, notwith&s;tanding any new Return of a greater value. <HI>Further Arguments will be given by the Petitioners&punc; in conveni|ent Time, conducing both to the Advantage of the King, and the Benefit of the Clergy as occa&s;ion requires. All which is humbly &s;ubmitted to the Con&s;iderations of His Maje&s;ty, the Lord Chancellour, Lord High Trea&s;urer, and Lord Chief Baron,</HI> &amp;c.</P>
<CLOSER><SIGNED>G. C.</SIGNED>
<DATELINE>October the 5th. 1660.</DATELINE></CLOSER>
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