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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

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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 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