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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 and if any say that Statute is repealed 1.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 shall stand still repealed and therefore if that part of the Decree which takes from the jurisdiction Ecclesiasticall were repealed by 1.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

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

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