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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

Lord Chancellor of England The Reverend Father in God Steven Bishop of Winchester Thomas Cromwell Esquire chiefe Secretary to the Kings Highnesse and Mr. of the Rolls Iohn Fitz-Iames Knight chiefe Justice of Pleas to be holden before the Kings Highnesse and Robert Norwich Knight chiefe Justice of the Common ●ench in and upon the debate and variance that was moved betweene the said parties upon the Rule and certaintie of Tythe offerings and other duties claimed by the said Par●●n and Curats to be payed by the Kings said subjects the Citizens of his said Citie Whereupon the said Counsellors of our said Sover●ine Lord by great advice and delib●ration by one accord and assent among other t●●n●s have ordained and decreed That every the Kings said Subjects Citizens and I●h●bit●n●s of his said City should from the time of their award and Decree pay for their Tythes 16 d. ob for every 10 s. of the House ●ent ●nd for every 20 s. 2 s. 9 d. and so accounting and ascending alwayes by ten shillings should pay for every ten shillings after the rate of 16 d. ob and not above And yet neverthelesse the Kings Highnesse is informed that divers and sundry persons which inhabit within his said City not onely refuse to pay the said Tythes according as is limitted by the said Counsellors but also that many of the said Citizens and of other the Kings Subjects inhabiting in sundry parts of this Realme grudged and murmured to pay their Tithe Offerings and o●her lawfull duties to the Parsons Vicars and others having cure of their soules like as heretofore by the lawdable Customes of this Realme they have done and beene accustomed to doe and obs●inately and wilfully withdraw and detaine their said Duties against Justice Equitie Reason and good Conscience to the great perill of their soules For Reformation whereof the Kings said Royall Majesty being the supreame Head on Earth under God of the Church of England minding and intending to maintaine and sustaine the Honour of GOD and the Godly observances and ●ightfull duties customable and by lawdab●● custome due to the Ecclesiasticall Ministers of t●e Church of ENGLAND in as large and ample manner as heretofore hath beene lawdable and honourablie used within this Realme Doth therefore by his present Proclamation straightly charge and command all and every his said Subjects of his said City to satisfie pay and content their Parsons Vicars and others having cure of their soules in the name and liew of their Tythes after the rate above expressed and limitted by the Kings said Counsellors And tha● all such of his said Citie as pay lesse of ye●●●ly Farme then ten s●illings and all and every other person and persons men women or Children which doe inhabit the said City being of age to receive the blessed Sacrament of the Altar the erronious doctrine of Transubstantiation was not then abolished the very bodie of our Lord Iesus Christ shall pay yearely for the foure offering d●yes 2 d. the Housholders inhabiting within the said city paying above the yearly Rent of x s. onely for their owne perso●s excepted and to be discharged of the 2. d. for the s●id foure Offerings And over this his Highnesse straightly chargeth and comm●nds That all and every other his subjects in all other parts of this his Realme shall pay and content to the Parsons Vicars and other the Ministers of the Church and having cure such Tythes aswell praediall as personall offerings and other duties which by the lawdab●e customes of the Realme they heretofore have been obliged accustomed and bound to pay without detaining any p●rt thereof and without further denial contradiction molestation or trouble in that behalfe upon paine that every person offending this his gratious Proclamation is to have imprisonment and to m●ke Fine at his gratious pleasure and over that the off●●dors shall runne into his Highnesse disp●ea●u●e ●nd indignation And his Majestie also ch●rges and commands aswell all and singular Archbishops Bishops and all others having Ecclesiasticall jurisdiction as all a●d singular Majors Sheriffes Bayliffes Aldermen and all other his Ministers true Leigemen and Subjects aswell of this city of London as else-where within this Realme that they and every of them put their effectuall endeavours for the due execution of this his Proclamation from time to time as to them shall appertaine upon the paines above rehearsed God save the King Thomas Berthelet Regius Impressor Excudebat Cum Privilegio The date of this Proclamation is not expressed but it appeares to have bin presently upon the award in the same yeare of his Reigne for it must needs be after the award which it r●cites and confirmes by the Act of Parliament in the 21 yeare wherin it stands confirmed it appears to have bin before Easter 1535. which was towards the la●ter end of the 25 yeare of his Reigne In this award and Proclamation onely the qu●ntity of the tythe is altered from 3s 6 d. to 2 s. 9 d. in all other things the former customes and constitutions are left in force so that if formerly the rates were paid according to the true value of houses and recovered before the Ecclesiasticall Iudge as certainly they were the same course was to be observed still as appeares by the suites and sentences in the arches here mentioned before CHAP. V. Concerning the meaning of the Decree of 37. Hen. 8. that Tythe is due according to improved Rent if reserved by that name of Rent granted by the City Counsell The case of double Leases annuall Fynes Arguments on both sides Answers to the Legality and convenience of paying according to improved rent A briefe survay of the Livings as they now are and they could arise unto according to the value of houses with the moderate desires and demands of the present Clergie in the late suite before his Majesty FOR the conclusion of this tre●tise I have ●hought fit to set do●ne some of t●●se Arguments o● both sides in the points ●hi●●●y contro●ert●d about the sense of the last Decree of 37 Hen. 8. wherein we must know first that there are some things cleare and without controversie 1. It is granted by Counsell learned of all sides that whatsoever some bold Ignaroes talke of old Rents that if a greater rent be reserved at any time by the name of Rent upon any house then the old Rent that then Tythe ought to be payed according to two shillings 9 pence in the Pound according to the improved rent though the rent bee the full value of the House This appeares by divers Orders made by the Lords Majors themselves wherein Tythe hath be●n decreed according to the full improved rent reserved by name of rent 2. It is granted likewise by Counsell That if an improved Rent bee reserved by the Owner or Inheritor of the House that his Act shall charge the House with Tithe accordingly for ever though lesse Rent bee reserved afterwards by fines or fraudes or any other devices unlesse 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

of the Rent of the shops l. s. d. 70 3 4. The summe of the Offerings for them l. s. d. 12 3 4. Item the parsonage valet 2. 13. 4 Item the Image of our Lady at the Bridge valet l. s. d. 1. 13 4. VVeddings burials Puri●ications Crysomes and privie Tythe 12 13 4 Summe of this part 17 00 00 Summe of the whole Revenues 105 1 11 ● These be the costs and charges belonging to the same Church of St. Magnus   l. s. d. First the Priests wages 10 0 0 For waxe to the high Altar 01 0 0 For the pension of the same 02 0 0 For washing of Altars on Munday Thursday 00 5 0 For Frankinsence 00 10 0 Some of the charge 13 5 10 So the summe of the cleare value of the Benefice was this yeare 91 16 1 ½ In this Rentall of St. Magnus wee may observe 1. That the Rents were not then kept secret or unknown but notorious and that the Rent and Tythe still agreed together wheras now scarce any one house in a Parish payes tithes according to any Rent new or old because the Rents are kept secret 2. That tithe was paid according to the full and extended Rents of those times which were the true value of the houses for we find rents of 8 l. x l. 11 l. 12 l. 16 l. per annum which were as high rents as 80 l. 90. l. 100 l. are now and divers shops let at 5 l. 6 l. 20 nobles x l. which was without doubt the utmost value in those times That where the old summes were lesse then a Noble they paid according to the proportion of 14 d. in the Noble custome it seemes prevailing therein as Peter Scots hous● whose rent is 4. l. 3. s. 4. d the offering was 14. ● 7. d. where 7. d. is for the odd tenne groates and Iohn Palme●s whose rent is 35. shillings the offering 6 s. 1. d. ob where for the 〈◊〉 pound is 3. s. 6. d. for the two Nobles 2 s. 4 d. and for the odde 20 d. 3 d. ob which is all 6 s. 1. d. ob 4. That they paid tythe then for shops and al as well as dwelling houses though divided from dwelling houses which many Citizens afterwards would have had exempted as appeares by a suit in the arches 32. Hen. 8. and many now exempt them under other names calling their shops sheds stalls or standings 5. That privie Tythes and Duties for burials Weddings and Churchings were then paid besides this 3 s. 6. d. in the pound and therefor● are no new devices of the present Rectors as some have said for there we see they come to a good summe per annum viz. 12. l. 13. s. 4. d. which alone would have maintained a Parson aswell then as 100 l. now which few of the London livings are now worth CHAP. IV. The award and Proclamation for the 2 s 9. d. in the pound 25. Henry 8. confirmed by Act of Parliament 27. Hen. 8. HOw the tithe came from 3. s. 6. d. to 2. s. 9. d. in the pound wee shewed in the first Chapter now because the award and Proclamation there mentioned are not extant in print yet are in force by Act of Parliament 27. Hen. 8. I have thought fit to adde them here The Coppie of the Kings Letters Pattents wherein the award is recited and confirmed HENRY by the grace of God King of England and of France Defendor of the Faith and Lord of Ireland To our trusty and welbeloved the Major Aldermen and Sheriffes of London and to every of them greeting Whereas variances betweene the Parsons and Curates of Our city of London on the one party and Our loving Subjects the Inhabitants of the same our City of the other partie for and concerning Tythes Oblations and other Duties hath long depended indiscussed and being lately compromitted by both of the said parties to the arbitrement of the most R●verend Father in GOD Thomas Archbishop of Canterburie Primate and Metropolitan of England and to Our right trustie and entirely beloved cosen Sir Thomas Awdely Knight Our Chancellor of England and to Our right trustie and welbeloved Counsellor the Bishop of Winchester Thomas Cromwell Esquire Master of Our Iewells and Our two chiefe Iustices of either Bench who travelling herein have taken this order to bee kept at this holy time of Easter That is to say That every our Subjects shall pay to the Parson or Curate where hee inhabiteth after the rate of two shillings nine pence in the pound and sixteene pence ½ in the halfe pound and so alwayes ascending from halfe pound to halfe pound And also that mens wives their Servants children and Apprentices taking and receiving the Holy Sacrament shall pay every of them for their foure offering dayes two pence and this to be done quietly and charitably without grudge or murmure at this holy time of Easter till such time as our said Counsellors shall finally and definitely end and determine the variance for this and all other causes depending betweene the said parties as to Right Equitie and good Conscience shall appertaine VVee therefore will and command you and every of you to signifie to all our loving Subjects in every Parish in our said citie That Our pleasure is that they and every of them shall obey observe and performe at the holy time of Easter the order of the said Counsellours in forme above rehearsed without contradiction hereof in any behalfe declaring to them that their so doing shall not turne nor be alleadged to their prejudice hurt or dammage in and vpon the finall conclusion of all the said variances to the definitive arbitrement whereof our said Counsellors intend God willing to proceed with all speed and diligence after the said Feast of Easter And if any contemne the order of our said Counsellors in this behalfe wee will then if after honest monition hee refuse so to doe hee be committed to ward safely to be kept till Our further pleasure be knowne in this behalfe not failing this to doe as ye intend the advancement of Iustice and quietnesse of our people In witnesse whereof Wee have caused this Our Letters to be made Pattents VVitnesse Our selfe at Westminster the second day of Aprill the 25. yeare of Our Raigne CAILLOR Ex tract. per Robert Michel deput. Com. Cleric Civitat London A Proclamation concerning payment of Tythes and oblations as well within the City of LONDON or elsewhere within the Realme THE Kings most excellent Majesty having perfect knowledge and understanding that aswell his loving Subjects Citizens of the city of London of the one party as the Parsons and curats of the churches of the said city of the other party by their mutuall assents compromitted themselves to stand to abide and performe the Order Decree and arbitrement of his right trusty and right entirely beloved Counsellors The most reverend Father in God Thomas Archbishop of Canterbury Metropolitan and Primate of England Thomas Awdeley