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act_n	king_n	parliament_n	successor_n	2,446	5	9.0199	5	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A67457	An abstract of a treatise concerning the payment of tythes and oblations in London shewing the antiquitie of those payments according to the rents of houses : that they were payed by positive constitutions, according to the true value of the houses, ever since the yeare 1230 and by antient costome long before : till the quantitie, not the name or nature was altred in time of Henry 8 from 3.s. 6.d. in the pound, to 2. s. 9. d. in the pound as it is now : the liberall maintenance of the clergie of London in former times : the award and Proclamation 25. Henry 8 confirmed by Act of Parliament 27, Hen. 8 : the matters now controverted about double leases, annuall fines, &c. and concerning the jurisdiction ecclesiasticall for tythes of London : a generall survey of the value of the London benefices both as they are now, and also what they might arise unto if tythes were truly payed according to the value of houses : the moderate demands of the clergie, with other matters pertinent to this subject.	Walton, Brian, 1600-1661.	1641 (1641)	Wing W653; ESTC R7934	31,078	78

away his Jurisdiction for the Act of Parliament saith onely it ●hall bind the said parties viz. Curates and Citizens and their Heires and Successours but mentions not the Ordinary 3 The originall Decree was delivered by the Lords to the Bishop of London to be kept in his Registry and in the time of King Edward 6. the Lords of the Counsell whereof some were makers of the Decree gave order to the Bishop of London in the Kings name to cause the Citizens to p●y their Tythes which he could not doe without Jurisdiction 4. Pro●ibitions were never granted anciently in the time of Queen Eliz. upon such suggestions as they are granted for in the Country Circa metas bound●s and Circa modum decimandi c. 5. Though the jurisdiction were quite taken away yet it is restord againe 1.2 Ph. and Mary Cap. 8. towards the end which sets the Bishops in the same State for jurisdiction and cognizance of causes as they were before 20. Hen. 8. and if any say that Statute is repealed 1. Eliz. cap. 1. I answer not wholy but in part ●or this clause stands confirmed by generall words viz. That all Acts and clauses of any Statute repe●ted by that of 1. 2. Ph. Mary and not revi●ed by that of 1. Eliz. shall stand still repealed and therefore if that part of the Decree which takes from the jurisdiction Ecclesiasticall were repealed by 1. and 2. Ph. Mar. then it stands repealed still by the same clause is that of 1. Edw. 6. cap. 2. concerning Bishops sending processe in the Kings name and vnder his seale repe●led or else it s not repealed to this day for though it were repealed in 1. Mariae 2. chap. yet that Act 1. Mariae is repealed againe by 1. Ia●o●i 25. 6 Besides Tythes in their o●ne nature are originally of Eccle●iasticall cognizance and so whatsoever comes in the name of Tythe except by speciall words it be otherwise determined which is not here remaines of Ecclesiasticall cognizances 7. Jn the Exchequer 16. Iack Ivalts case it was over ruled against the defendants plea of the Lord Majors being to be Judge That notwithstanding that Court had knowledge the impropriation being held in Fee-farme of the King and upon this ground that the Majors power was not exclusive to any other Jurisdiction but onely accumulative 7. Lastly it appeares by what was said before Cap. 1. That before this Decree the Ordinaries Iurisdiction was not in question for that the City put up a Bill in Parliament 35 Henry 8. that none might sue for Tythes anywhere but in the Spirituall Courts or by action of debt at the Common law which shewes it was never intended nor desired that the Ordinary should be divested of his power It is objected that the Major is the onely Judge named in the Decree and the Tythes herein mentioned are not nor can be claimed by any other Law then by this Decree and therefore cannot be sued for before any other Judge then such as the Decree directs vnto This Argument takes that for granted which is vtterly denyed viz. That the Tythes in London are grounded onely upon the Decree of 37. Hen. 8. as if there were no other Law now in force which is apparantly an error for this Decree doth not abrogate nor nullifie any other Law formerly inforce further then where it was contrary to this Now it is certaine that 2. s. 9. d. in the pound was due by lawes in force before this Decree viz. by the Award and Proclamation in 25. Hen. 8. confirmed by Act of Parliament 27. Hen. 8. The force of which Award and Proclamation and Act were no waies nullified by this Decree but were onely confirmed and explained thereby in some things then doubtfull so that they were then and are still in force and therefore seeing that by them the Ordinaries power was not extinct as is cleare and granted by all it is as cleere that there is nothing in this Act to exstinguish it for the Major had power by the Statute of 25. H. 8. as well as by this of 37. Henry 8. and there are no negative words in this more then in that Yea not onely are the Award and Proclamation of 27. Hen. 8. and Act of Parliament of 27. Hen. 8. still in force but also the Constitution of Roger Niger and Archbishop Arundell with the award made in 32. Hen. 6. and other lawes then in vse are all as may be probably concluded at this day in force viz. so farre as they are not contrary to the Act and Decree of 37. Hen. 8. for if they were abrogated I would gladly know when and by whom In the 25. H. 8. they were not nor by the Statute of 27. Henry 8. for then onely the quantity was al●ered from 3. s. 6. d. to 2. s. 9. d. and in all other things the payment was left to the former Lawes and Constitutions and Customes according to which the controversies were determined arising after that time as appeares by the sentences still remaining on Record and in the 37. Hen. 8. there is nothing abrogates any of them further then when they are contrary to what was then decreed and therefore it is probably thought by some that for non payment the Major Excom. is now incurred ipso facto according to Arundels Constitution and that none ought to be absolved without payment Nisi in articulo mortis as is there set downe and certaine it is that if this last Decree were quite abrogate the Clergie might have as good Law for their Tythes as they have now Further I answer that though the Ordinary had no Jurisdiction formerly yet the very nature of Tythes here decreed gives him jurisdiction vnlesse negative words had beene added It is further said that the nature of these payments is altered by this Decree oblations are made Tythes and though formerly the Ordinary had power whilest they had the name of Oblations yet now another Iudge being mentioned and the Oblations become Tythes the Case is altered This is cleerely refuted by the precedent Historie whereby it is manifest that neither the name nor the nature was altered by this Decree The Proclamation appoints 2. s. 9. d. to be paid for Tythes and 2. d. at Easter for oblation or offering So the Award 25. Hen. 8. and so most of the precedent Acts style them Tythes and long before not onely this last Decree but before 25. Hen. 8. yea before the time of Henry 8. the payment on severall offering daies was disused and the whole payed in one or 4. entire payments by the name of Tythes and yet it is most certaine that then the Ordinary had this Jurisdiction and that solely But it seemes these two Iurisdictions of the Ordinary and Lord Major cannot both stand by the Letter of the Decree for by the Decree if any difference arise-upon complaint of the party grieved the Major may make an end and force

this Order divers sentences passed in the E●clesiasticall Courts upon emergent controversies of one for the Parson of St. Dunstans last for tythe of Wharfes and C●anes which sentence was given in the Arches 30. H. 8. by a Doctor of Law especially delegated from the King Another for tythe of shops divided from houses for the Parson of St. Magnus in the same Court Anno 35. H. 8. new controversies arising about Brew-houses Dy-houses Cranes c. a Bill was put up in Parliament by the City which passed the Commons but was stayed by the Lords containing among other things that for new buildings no Tythes be payed so long as the Owner lived therein himselfe but if they were let out then to pay the Tythe as other houses and that all Tythes should be recovered by processe in the spirituall Court or Action of debt at the Common Law and no otherwise Anno 37. Hen. 8. for composing all differences an Order or award was made by certaine Lords which is the decree now in question and an Act of Parliament passed that such order as the Lords Referrees or any 6 of them should make before the first of March then next following and enrolled in Chancery should stand as an Act of Parliament bind the said p●rties their heires and successors for ever This Decree was made by the Lords Feb. 24 1545. which was delivered the next day to the Bishop of London who the s●me day caused his Register to endorse an Act on the back side thereof testifying his receit thereof from the Lords and his comm●nd to the Register to keepe it safely causing divers persons to attest the same This last Decree or award is now extant among the statutes but the order of 25. H. 8 and the Procl●mation therupon which are still of as much force as the other and more beneficiall to the Clergie being not extant in print are hereafter added taken out of authentick Records After this in the time of King Ed. 6. The citizens still neglecting to pay their tithes order was given by the K. his Counsell to Bi. Bonner among other instructions when he was appointed to preach at Pauls Crosse to cause the Citizens to pay their tythes better Aug. 11. 3. Ed. 6. as appeares in Fox his Monuments fol. 1187. Vol. 2. Col. 2 Artic. 5. After this about the middle of Q. Eliz. raign the rents of Houses being inhanced as the pric●s of all other things were divers devices were found out to prevent defraud the Parsons of their Tythe * of which grievances they have often complained and by these meanes are so many of the beneficies so poore as we shall shew cap. ult. CHAP. II. The liberall maintenance of the Clergie of London before the 25. of Hen. 8. by Tythe of 3. s. 6. d. in the pound according to the true value of houses the cheapnesse of those times conscientiousnesse in paying Pe●sonal Tythes duties of Weddings Burials Churchings c. Chauntries obits c. WEE see then the nature of these payments Now that it may appeare how well the parochial Clergie of London were provided for in former times in comparison of ours wee may consider these particulars That the Citizens payed their Tythes according to 3 s. 6. d. in the pound and that according to the true value of the Houses Prout locari poterant as it is in the Bull of Pope Nichol●s and in the award of 31. H. 8. above mentioned Now if the payment of 2. s. 9. d. be thought so much if it should bee truely payed without fraud that nothing is more o●jected then that the Ministers would have too much and be too rich what thinke they of 3. s. 6. d. in the pound which was duely paid as will bee made cleare with out any contradiction Hence it is in part That the Benefices in London came to be so highly rated and valued in the Exchequer some at 100. marks some at 70. pound and upwards divers at 30. and 40. pounds and few und●r 20 l. or thereabouts when as yet the Tythe of divers of them is not at this day above 20 l. or 30 l. and some scant so much in present ●ythes as they were then taxed and whereas other livings in the Country are generally improved where they are not kept downe by unconscionable Customes or modi decimandi since the said valuation according as all other things are to 8. or 10. times as much yet divers benefices within the walls of London are scarce doubled in Tythes since that time yea some have stood at a stint ever since and are hardly so much as they were then That one penny then was as much as 3. d. is now as appeareth by the statute ●● H. 3. whe●e a penny is the 20 part of an ounce ●ince which time from 20 d. the ounce it was reduced to 26 d. 9. Ed. 3. to 32. d. in 2 Hen. 6. to 40. d. in the 5. Ed. 4. to 45. d. 31. Hen. 8. and to 60. d. 2. Eliz. which continues to this day and so by that account 2. s. 9. d. in the pound then was as much as 8 s. 3 d. of the money which is now payed though the finenesse of the Coyne did then also exceed ours besides the low pri●es of victuals and all other necessaries which came so far short of the enhanced prices in these times that 1 d. then would goe farther not onely then 3 d. of our mony which it equalled in value but farther then 1 s. now as will appeare if we looke at the price of Corne and other victuals in those times which we find mentioned in credible records In the said Act of Parliament in 51. H. 3. which was Anno 1267. somewhat after Roger Nigers time made for the assize of bread and of Beere and Ale for Bakers and Brewers are mentioned the prices of Wheat Barley and Oates and provision is made that when a quarter of wheat containing 8 bushels was at 12 d what the assize of bread should be and so from 12 d. to 12 s. which was then supposed the highest prices that it could at ●ny time amount unto as that some times it was but 12 d. a quarter It is also there ordered that Beere and Ale should be sold in Cities and Townes according to the prices of Barley and oates two or three Gallons a penny and in the Country three or foure Gallons for a penny whereas now the ordinary price of wheate is foure s. a quarter and sometimes in deare yeares 3 l. or 4 l. a quarter and Beere and Ale sold at farre greater prices according to the prices of corne wee may conceive were the prices generally of other things as Beeves Muttons c. There is in the Exchequer a Booke called the Black Booke composed 23. Hen. 2. Anno 1177. about Rules and Orders in the Exchequer and among other things there is mentioned that for provision of the Kings houshold from the

AN ABSTRACT OF A TREATISE concerning the payment of Tythes and Oblations in LONDON SHEWING The Antiquitie of those payments according to the Rents of Houses That they were payed by positive Constitutions according to the true value of the Houses ever since the yeare 1230. and by antient Custome long before till the quantitie not the name or nature was altered in time of Henry 8. from 3 s 6.d in the pound to 2 s 9.d in the pound as it is now The liberall maintenance of the Clergie of London in former times The Award and Proclamation 25. Henry 8. confirmed by Act of Parliament 27. Hen. 8. The matters now controverted about double Leases annuall Fines c. and concerning the Jurisdiction Ecclesiasticall for Tythes of London A generall Survey of the Value of the London Benefices both as they are now and also what they might arise unto if Tythes were truly payed according to the value of Houses The moderate Demands of the Clergie with other matters pertinent to this Subject Printed Anno Dom. MCDXLI AN ABSTRACT of a Treatise concerningthe payment of Tythes and Oblations in London CHAP. I. A Historicall narration of the payment of Tythes and Oblations from the time of ROGER NIGER Bishop of London about the yeare 1230. till the 37. of HENRY the 8. BY the Custome of London the Parish Churches were antiently endowed with certain Oblations viz. one Farthing of every ten shillings rent of all Houses Shops c. to bee offered by the Parishioners upon every Sunday and upon every solemne and double feast especially and by names of the Apostles whose Eeves were fasted Which offerings comming to more then a tenth part of the rent were payd in lieu of prediall tithes of the Houses and in recompence of the want of Gleabe as appeares at large by Lindwood and by other Records hereafter mentioned The Citizens neglecting to pay the said Offerings or Tythes to their owne Curates and giving part thereof to the Dominicans and Franciscans who were lately come over and began to Preach heere and draw people after them a Constitution was made about the yeare 1230. by Roger Niger Bishop of London authoritate ordina●ia commanding all to pay to their owne Curates as is before expressed Et prout lo●ge retroactis temporibus consuetum extiterat After this when Rents increased the Citizens refused to pay if the rent came to above 40. s. per annum pretending that no more was intended by Nigers constitution Whereupon a constitution was made by Thomas Arundell Archbishop of Canterbury declaring the ●ormer viz. That they should pay the said offerings or tythes to whatsoever summethe rent should amount and this sub paena majoris Excommunicationis These Constitutions were confirmed by Pope Innocent the 7th in his Bull dated in May 1406. Et pontificatus Anno secundo and all defects supplyed if any were After this the Citizens pretending a copie of Roger Nigers constitution which was adjudged afterwards to bee spurious would pay onely on Sundayes and the Apostles dayes not on the other solemne and double Feasts Whereupon Robert Wright of St. Edmunds Lumbard-street was cited before the Ordinary and sentence given against him and upon appe●le first to the Popes Commissary and after to the Pope himselfe the sentence was twice affirmed and upon the Letters of King Henry the 6. Pope Nicholas the 2. sent out his Bull commanding the Citizens to pay upon all the said Feasts authorising the Ordinaries to enquire hereof at the Visitations and to curse the offenders 7. Idus Aug. Pontif. anno 7. The same yeare before the Bull was received an award or Composition was made by eight arbitrators wherein some dayes are left out which are appointed by the Bull the whole offering in 52. Sundayes and 22. Holidayes amounting to 3. s. j. d. in the pound which award was agreed by Act of Common Councell 31. H. 6. After this by Act of Common Councell the Citizens bind themselves in all things to obey the Bull of Pope Nicholas according to which they payed for so many dayes that the Tithe or oblation amounted to 3. s. 6. d. in the pound 14. d. in the Noble 1. s. 9. d. in the halfe pound and not long after in regard it was troublesome to offer every day in time of divine service by mutuall consent the same was payed either once at Easter or quarterly by the name of oblations or Tythes ●s appeares by the Decimary of St. Magnus Anno 1494 about 7. Hen. 7. in the Booke of Common Customes and by sundry suites and sentences in the Arches and by the Bill of the Parsons exhibited to the common Counsell 19. Hen. 8. remaining on Record in the Guild-hall and by Records of a suite in Starre-chamber 25. Hen. 8. Upon occasion of sentence gi●en in the Arches 18. Hen. 8. against Robert Hearne of St. Mildreds Poultry for 14. d. in the Noble the Citizens complaine in Common Counsell that the Curates tooke above the rate appointed by the Bull viz. 14. d. in the Noble whereas they should have nothing unlesse the rent came to 10. s. and so ascending from ten shillings to 10. s. and not under and also they sent Bills to every Church shewing what dayes should bee paid for according to which computation of theirs the Tythes came to 3. s. 5. d. in the pound which was 1. d. lesse then formerly they order that nothing should be pay'd for any summe vnder 10. shillings and desire that the Bull may be published in English 4 times a yeare as was pr●scribed had bin disused An. 25. H. 8. when the Popes power was abrogate some Citizens pretending they should runne into a premunire by obeying the Bull refused to pay either according to the Bull or to any former constitution or custome and put up a Bill in Star-chamber against some parsons that sued in the Spirituall Court praying that they might pay onely two shillings in the pound as other Parishes without the liberties did in which suit after publication both parties submitted the cause to the Lords who ordered the Tythe to be onely 2 s. 9. d. in the pound and 16 d. ob in the halfe pound dividing the controverted Summe viz. 18. d. per pound by abating 9. d. of what the Clergy would have and adding 9 d. more then the Citizens could have paid This Order was confirmed by the Kings Letters Pattents Apr. 2.25 Hen. 8. and by Proclamation upon paine of fyne and imprisonment at the Kings pleasure and by divers Acts of Common Counsell made the same yeare and remaining upon Record in the Guild-hall The same was confirmed by Act of Parliament 27. Hen. 8. to continue till some other order should be made by the 32 persons to be chosen for reforming Ecclesiasticall Lawes and by this Act the Major hath pow●r to commit such Citizens as refuse to pay according to such order According to

time of Hen. 1. the Officers of the Houshold reducing their victuals to an estimate of money did value a measure of wheat to make bread for 100. men at 12 d. the Carcasse of a fat Oxe at 12 d. A fat sheepe at 4 d. and for the provander of 20 horses 4 d. during the most part of the Raigne of that King Henry a quarter of Wheat was sold for 12 d. After this in the yeere 1299. when ●h●re was a great Dearth by Act of Common Counsels 27. Ed. 1. these pr●ces were set on victuals by consent of the King and Nobility which were then counted very high prices A fat Cock 1. d. ob A fat Capon 2. d. ½ two Pullets 1. d. ob A fat Lambe from Christmas to Shrovetid● 6. d. All the rest of the yeare 4. d. And in the yeare 1314. in 8. Ed. 2. to moderate the extreame Rates of all these were appointed by Act of Parliament A Corne-fed Oxe 24. s. A fat stall'd Cow 12. s. another 10. s. A grasse-fed Oxe 16. s. A fat Mutton 14. d. A fat Goose 2. d. ob A fat Capon 2. d. 24. Egs 1 d. c. After this Anno 1379. in 3. Rich. 2. a bushell of wheat was at 6. d. a Gallon of white wine 6. d. of Red 4. d. Anno 10. Rich. 2. which was in the yeare 1387. at Leicester 100. quarters of barley were sold for 100. s. Anno 1554. And 22. Hen. 6. a quarter of wheate was sold for 12. d. or 14. ● One farmer dwelling at Rosey Towne or Cruse Rosey in Hartfordshire sold 20 quarters of the best wheat for 20 s. Yea in later times if we come lower even in the time of Hen. 8. when prices were farre higher then before at the Sergeants Feasts at Ely House Anno 23. H. 8. as Stow relates great Beeves brought from the Shambles were at 26 s. 8 d. a peece the encrease of an Oxe 24. s. a fat Mutton 2. s. 10. d. c. and to come lower and neerer yet 10 Mariae a barrell of Beere was sold for 6. d. Cask and all and 4. great loafes 1. d. and 5●Mariae Anno 1557 a quarter of Wheat was sold for 5. s. According to which cheapenesse of the times were all fees wages and Salaryes a Knights fee or sufficient livelihood for a Knight was so much land as was worth 20. l. per annum as Cooke proveth out of the Statute of 1. Edw. 2. de militibus and of Westminster 2. Cap. 35. and Fitzherbert Nat. brev. fol. 82. where he tels vs that antiquity thought 400 markes per annum competent maintenance for a Baron and 400 l per annum ad sustinendum nomen onus of an Earle and of late time saith he 800 marks per annum was thought sufficient for a Marquesse and 800 l. per annum for a Duke See Cooke upon Littleton lib. 2. cap. 3. Sect. 95. and in later times 40. l. per annum was thought fufficient for a Knight as appeareth by the Statute still in force whereby the King may compell any one of such estate to be Knighted or else to fine as Sir Thomas Smith relates de Repub. Angl. Lib. 1. Cap. 18. I have read in a booke of church accounts belonging to St. Gabriel Fenchurch of Counsellors fees about some land amongst other things Item paid to Mr. Recorder of London for his fee 12. d. * All which fees wee know are now much encreased and some 100 times doubled yea the wages of the Scavenger or Kennell-●aker within our memory have been doubled or trebled to what they were before According to these prices the livings in London were very great and the clergie of that city answerable to their Parishioners in ability and as the Citizens were and are the wealthiest in the Kingdome so the clergie had their estates answerable The Benefice of St. Magnus in London none of the greatest Parishes yet as appeares by the printed booke of the Common Customes of London in this yeare 1494 which was in the 9. of Hen. 7. as it appeares by the particulars was in all 105 l. 1. s. 11. d. of which is as much or more then it is now in Tythe which summe in those times I dare affirme all things considered would have gone as far to maintain one as 500 or 600 l. per annum now that a man might have lived as plentifully then with 100. as now with 5. or 600 l. which if it should be demanded or expected would be thought vn●e●sonable So then by this Tythe out of Houses the maintenance of the clergie of London was great in comparison of those times when the labour is many times doubled what was then required but to say Masse which w●s an easie worke p●eaching was little vsed vnlesse i● Lent or towar●s Easter whereas now by Law or custome besides all other Priestly duties they must preach not quarterly or monethly but weekely or oftner or else be accounted dumbe dogs one Sermon requiring more paines and labour then the reading of 40. Masses which required some paines of the tongue but little or no study of the braine at all 3. That besides the former Tythe which was in some sort prediall they paid also personall Tythes of their cleer gaines as appeares by the award Bill above mentioned 31. H. 6. and by the Decimary of St. Magnus and by Lindwood in the place alledged who disputes the case whether the Citizens were free from personall Tythes by paying these Tythes of houses and concludes negatively all which personall Tythes are now quite disused and if they should be demanded they would cry out as they did of Christ that we come to torment them before their time and would rather with the Gad●rens beseech vs all to depart their Coasts then put them to such charges and considering the consciousnesse of those times this revenue must needs be great and would have amounted to more I dare say then most of the Livings are at this day That the people made great conscience of paying their Tythes all duties in those dayes and so payed them truly and fully Hence it was that in their Wils and Testaments something was alwaies bequeathed to the Priest or to the High Altar which came to his vse in liew of Tythes pretermitted or forgotten as may be seene in all old Wils whereas now so farre some be from restitution that when they are to leave the world even then they take order in their Wils to defeate their Ministers as I have seene some Testaments wherein to prevent the Parsons Tythe the Testator hath bequeathed certaine houses to be yearely let out at some small yearely rent and the residue to be reserved in yearely fines for ever which for what end it was done any man may easily Judge That besides Tythes personall and praediall there were many other duties amounting to as much and in some places to more then the Tythe doth at this day all which are now

which at this day is impossible for any to doe it followes there that this proviso is of no use now in the Decre● nor can it any way bene●it any of thecity in this case nor indeed could any man in any suite yet make use thereof The livings in London would be too great Parsons would be all Bishops some worth 2000. l. per annum if tythes were paid according to improved Rents Jt is unjust to detaine any mans right though it would make him never so rich Would any rich man thinke it fitte that others should defraud them of their right because if it were paid they would be too rich and because the Parsons would be little Bishops if they had all must they therefore live like Beggers If any Living should swell to so great a proportion the remedy should be to divide the Parish into more Parishes and not to deprive the Church of its due But to answer this more particularly 1. These Objections concerne not the 97. Parishes within the Wals where few new buildings can be raised if the Tythes were payd according to the vtmo●t value there would be within the Wals. 1. Eight Benefices not worth above 100 markes or 100 l. per annum 2. Not above 3. within the Wals worth 500 l. per annum 3 Not above 6. more worth 400 l. per annum The rest would be between 100 and 300 pounds per annum and the most of them not above 150 or 200 l. per annum 2. If Tythes were thus paid it would be 1. No more then Livings of the like value in the Kings Bookes in the Country for some are at 60. l. some at 70. divers at 40. l. and 30. l. and few lesse then 20. l. 2. Nor so great as where there is like number of Inhabitants of farre lesse ability in the Country where some Farmer not worth 500 l. p●yes more Tythe then 20. of the best houses in London 3. Nor neere so great as before the Decree when yet they could not have such charges being to live single and their paines not comparable to preaching now vsed the bare Tythe of St. Magnus Anno 1474. besides Oblations mortuaries obits trentals Chantries c. which were very many and great was 87. l. 11. s. 11. d. ob which was as sufficient maintenance then as 500 l. now and yet the Tythe is not above 84. l. and stands in the Kings bookes taxed at above 69. l. besides 40. s. in Pensions 4. Nor should the Clergie have more free maintenance then is suitable to their education and charge nor above ordinary Citizens among whom they live who are many of them worth 5. or 6. Bishops or halfe the Parsons in London 2. For the Parishes without the Wals by reason of new building they are swolne very big yet the biggest would not be worth above 1500 l. per annum or thereabouts as hath appeared by a valuation made of every house but here consider 1. These stand a great part without the liberties and so are not within the Decree 2. They be all appropriate save St. Andrewes in Holberne and St. Buttolph Bishopsgate 3. They are so great that they are fit to be divided and so the maintenance would be but reasonable 4. The particular Parishioners there shall pay no more then those in the least Parishes in London so that there would be no greater burthen to any particular man by the Parsons benefit 5. The Parsons in those Parishes are at more charge and paines and must keepe two or 3. assistants 3. Thirdly the desires of the present Clergie for encrease of their maintenance were conceived to be so moderate by all indifferent men that one may justly wonder how they could be rejected for in their demands lately tendered and sen● to the severall Parishes we may observe these particulars 1. There are 30. Parishes within the Wals wherein they desired not that the whole Tythe should exceed 100 l. per annum and in most of those Parishes lesse was desired in some 80. l. in some 70. l. in some not above 50. l. per annum 2. There was but one Parish within the Wals wherein was desired 300. l. per annum nor above 3. more where in was desired 200 l. per annum or vpwards in Tythe 3. The whole Tythe demanded in all the rest of the Parishes within the Wals was betweene 100 l. and 200 pounds per annum 4. Even in the greatest Parishes without the Wals there was not above 100 l. per annum desired in any above that which is now paid which yet is no more then some small Parishes within the Wals have allowed for a yearely Lecture These demands were all they desired the Tythe should bee raised vnto and that no greater summe should be paid provided that their successours might not hereby be concluded or shut up but that vpon the variation of times some way might be open upon just cause for such alteration of the rates as the King and State should thinke fit The Livings are competent already and some of late improved The Competency will appeare by a generall survey of their present estate viz. 1. There be 20. Livings within the Wals vnder 40. l. per annum and some of them 20. l. some 30 l. in Tythes 2. There is but one within the Wals worth 100 l. or upward in Tythes 3. There are not above 20. that exceed 70. l. per annum whereof few arise to 100 l. all the rest within the Wals are within 40 l. and 70 l. per annum All without the Wals and within the Liberties are apppropriate but two The Casuall profits are not equall to the yearely charge issuing out by tenths Pensions procurations c. and wherein some few Livings there is a little gleabe which was in the most part of the Parsonage-House devided and let out there are about 20. Livings that have not so much as a dwelling House CHAP. VI The second Case concerning Ecclesiasticall Iurisdiction for Tythes in London That the Lord Majors power is not exclusive to the Ordinaries but onely accumulative THat the Ecclesiasticall Jurisdiction concerning Tythes in London is not taken away by any of the Decrees or Acts of Parliament but remaines in statu quo prius 1. It is granted that before 37. Hen. 8. the Jurisdiction remained nor was any new duty of Tythe then created as is before proved Now supposing the Decree to be an Act there are no negative words to take it away and an Act of Parliament in the affirmative doth not take away the Jurisdiction Ecclesiasticall unlesse some negative words bee added as not otherwise nor in other manner c. as Cooke in Cawdries case who saith It is the generall rule in all their Bookes citing divers authorities to this purpose 2 The parties compromitting were only the Curates and the Citizens and not the Ordinary and therefore no Act made by vertue of that compromise can bind the Ordinary or take