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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
city_n	penny_n	pound_n	shilling_n	22,719	5	13.6986	5	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A37445	The parson's counsellor with the law of tithes or tithing in two books : the first sheweth the order every parson, vicar, &c. ought to observe in obtaining a spiritual preferment, and what duties are incumbent upon him ... : the second shews in what manner all sorts of tithes, offerings, mortuaries, and other church-duties are to be paid ... / written by Sir Simon Degge, Kt.	Degge, Simon, Sir, 1612-1704.	1676 (1676)	Wing D852; ESTC R8884	170,893	368

of several houses and le ts out part and holds any part himself 8. That if any Farmer or his Assigns shall farm all the houses c. so farmed to one or divers Tenants the Tenants shall pay Tithes according to the Rent reserved 9. That if dwelling houses shall be converted into Ware-houses or è converso yet they shall pay Tithe according to the Rate aforesaid 10. That if a Dye-house or Brew-house be let with the Implements then a third penny of the Tithes after the rate abovesaid to be abated 11. That where a mansion house with shops stables wharfs with Cranes Timber-yard or Gardens belonging to the same and occupied together shall afterwards be severed or were severed within 8 years before the Decree that then the Farmers of the shops stables c. shall pay Tithes according to the rate abovesaid 12. That these Tithes shall be paid quarterly at Easter Midsummer Michaelmas and Christmas 13. That any Housholder that holds a house of 10 s. Rent or above shall be acquit of his Offerings but his Wife Children and Servants shall pay 2 d. yearly for their four Offering days receiving at Easter 14. That if any house of 10 s. Rent or above shall be let by parcels under 10 s. Rent then the Owner if he live in any part of the house or the chief Tenant shall pay the Tithe after the rate as the same house was accustomably letten before such Division and the Sub-Tenants that hold less than 10 s. per annum without fraud or covin shall pay 2 d. yearly for their Offerings 15. That no Tithes shall be paid for any Gardens belonging to any Mansion house and which are held for pleasure but if such Garden contain half an Acre of ground or more and shall make any yearly profit by Sale then the same to be paid for according to the rate abovesaid 16. This Act is not to extend to the houses of Noblemen or Noblewomen whilst they are kept in their own hands and not lett for Rent and which formerly paid no Tithe so long as the same continue unletten nor to the Halls of any Craft or Companies so long as the same are unletten and in times past paid no Tithes 17. That Shedds Stables Cellars Timber-yards and Tenter-yards which were never parcell of or belonging to any dwelling House and which has not been used to pay Tithes shall be acquit of the payment of Tithes as hath been accustomed 18. But if by Custom any lesser rate have been paid than after the rate of two shillings and nine pence in the pound then the accustomed rate only to be paid 19. The Lord Major of the City of London by the advice of Councel is Authorized by the said Act to hear and determine all differences arising upon this Decree and give costs according to the intent thereof 20. That if the Major do not make an end of such differences within two Months after complaint or if any Person find himself agrieved by his Decree then the Lord Chancellor within three Months after complaint to him made shall make on end of the differences with costs c. 21. That if Rents fall by reason of decay or burning to less than they were accustomably letten that then the Tithes during such Term shall be paid according to the Rent reserved This is a short abstract of that great Decree which I have inserted here for the use of the Clergy of that City I shall only add some other resolutions upon this Decree and conclude this Chapter In a Case between Dr. Noy 130. Where Suits for Tithes in London shall be determined Meadhouse and Dr. Tayler it was resolved that Suits for Tithes upon this Decree should be before the Maior in writing and not by Parol 2. That a Reservation by a Leasor for life upon a Lease by him made for years shall not bind him in reversion to pay Tithes according to that rate 3. That a Rent for half a year and after for another half year is a yearly Rent within this Decree It hath been resolved Cro. El. 276. that Abbey Lands within the City of London and the liberties thereof are not freed from the payment of Tithes within the Statute of 31 H. 8. because the Statute and Decree for the payment of Tithes within the City and Liberties of London was made after the Statute of 31 H. 8. and their Priviledges are not reserved And it hath been resolved 2 Inst 660. that if any Suit be brought in the Ecclesiastical Court or any other Court than is directed by the Act a Prohibition lyes Lastly 2 Inst 690⸫ where the Decree says where no Rent is reserved by reason of any fine or income paid before hand that is put only for Example for if no Rent be reserved for this or any other cause or consideration it is within the meaning of this Clause CHAP. XXVI The Twenty Sixth Chapter shews in what Courts the Right of Tithes is determinable and how and in what manner to be recovered and in what Cases Prohibitions are usually granted and how prosecuted and defended THat Tithes were antiently determinable in the County and Hundred Courts 2 Inst 661⸫ Seld. hist decim 412⸫ Lamb. Saxon Laws 45. is asserted both by Sir Edward Coke and Mr. Selden And the same appears by the Laws of King Ethelstan long before the conquest and Mr. Selden is of opinion that the Bishops consistory here in England was not setled till the time of William the Conqueror who by his Charter commands Seld. 414. ut nullus Episcopus vel Archidiaconus de legibus Episcopalibus amplius in Hundredo placita teneant nec causam quae ad regimen animarum pertinet ad judicium secularium hominum adducant sed quicunque secundum leges Episcopales de quacunque causa vel culpa interpellatus fuerit ad locum quem ad hoc Episcopus elegerit nominaverit veniat ibique de causa sua respondeat non secundum Hundret sed secundum Canones Leges Episcopales rectum Deo Episcopo suo faciat And closes thus Hoc etiam defendo ut nullus Laicus homo de legibus quae ad Episcopum pertinent se intromittat yet notwithstanding as Mr. Selden observes Seld. 414. c. the Jurisdiction of Tithes was not so settled in the Bishop and Ecclesiastical Courts but there were Suits for Tithes as well in the Temporal as Ecclesiastical Courts whereof he gives some Instances And amongst the Laws of King H. Leg. H. 1. c. 11. Lamb. 182. 1. I find this Clause Si quis rectam decimam superteneat vadat praepositus Regis Episcopi terrae domini cum presbytero ingratis auferant Ecclesiae eui pertinebit reddant novam paertem relinquant ei qui decimam dari noluerit But the Law hath been now long setled that the Ecclesiastical Courts have in some cases the power to determine the right of Tithes

The Parson or Vicar are not by this Act barred of any Legacy given or offering to be made to them 9. No Mortuary to be paid in Wales Callis or Barwick or in the Marches of Wales but where accustomed 10. It is provided that the four Welch Bishops and the Arch-Deacon of Chester may notwithstanding this Act take their accustomed Mortuaries 11. That where less hath accustomably been taken for Mortuaries than is limited by the Act there no more than is due by the Custom shall be taken Sir Edward Coke is of opinion that there were no Mortuaries due before this Act 2 Inst 491⸫ Mortuaries due only by Custom by any Law but by Custom only by reason of the words in the Statute of Circumspecte Agatis which are ubi mortuarium dari consuevit c. This duty was formerly only suable for in the Court Christian but now I conceive an Action of debt will lye at Common Law upon this Statute for though this Statute is only negative that they shall not take above such rates yet it implies affirmative as the Statute of 2 E. 6. for barren Grounds and the Statute for the Sheriff's Fees and dues other Statutes For those Mortuaries that Prelates antiently paid to the Kings of this Realm Mortuaries to the King by Bishops I shall not trouble the Reader with but refer those that are curious to inform themselves to Sir Edward Coke's Commentary upon Magna Charta 2 Inst 491. In the Tenth of H. 4. 10 H. 4. 1. b⸪ A Vicar claimed a Mortuary by Custom and not by the Canon or any other Law quod nota These Mortuaries are in some places called coarse presents Their names or coarse presentees as Doctor Cowel says because where due they used to pay before the Coarse was buried when it was brought to be buried The Bishop of Chester claimed by Custom upon the death of any Priest Cro. Car. 237 238. Bishop of Chester his demand as Archdeacon of Chester dying within the Archdeaconry of Chester for a Mortuary his best Horse or Mare Saddle Bridle and Spurs his best Gown a Cloak his upper Garment next it his best Hat his Tipper his best Signet or Ring and this Custom was denyed by the Plaintiff in a Prohibition but what the Success was I have not heard but the Mortuaries due to the ARchdeacon of Chester are excepted And the Bishop of Chester holds that Archdeaconry as I have been informed in the nature of a Commendam and executes it by a Deputy CHAP. XXV The Five and Twentieth Chapter shews how Tithes are to be paid in London THE Livelyhood of the Clergy in London Tithes in London how to be paid I mean the secular Clergy consisted heretofore chiefly in voluntary offerings and Personal Tithes which little differ from voluntary offerings For though a great Doctor tells us that In praecipuis festivitatibus tenetur quis offerre Hostiensis c. Omnis Christianus cogi potest maxime cum sit quasi generalis consuetudo ubique terrarum c. And if you ask him which are those Feasts at which the People are bound to offer Idem de Paroc Sect. In quibus c. he tells you Dies dominicos dies festivos But there being no Canon or Law that prescribes any certainty in the quantity value or things to be offered I can give them no properer name than voluntary or free-will offerings But no sooner was Popery abolished in this Nation but these voluntary offerings and personal Tithes soon came to little And notwithstanding it was enacted by the Statute of 2 E. 6. That all that by Law or Custom were bound to make their offerings should thenceforth pay them to the Parson c. yet that did not much amend the matter so that the maintainance of the secular Clergy in London was brought to a very low ebb there being no Tithe as hath been said chargeable upon houses unless by way of a modus decimandi whereupon the Clergy of London in the 37th Stat. 37 H. 8. c. 12. year of the Reign of King H. 8. made their application to the Parliament and obtained an Act of Parliament for the confirming a Decree made by the Archbishop of Canterbury and divers other great Lords of the Kingdom to settle the matter the effect whereof follows which is printed amongst the other Acts of Parliament 1. The Decree That the Citizens of London from thenceforth for ever should pay yearly without fraud or guil to their Parsons c. for the time being for every ten shillings rent of all houses shops warehouses cellars and stables within the said City of London and the Liberties of the same 16 d. ob and for every 20 s. rent 2 s. 9 d. and so ascending for every ten shillings rent 2. That if any dwelling houses shops c. should be leased by fraud or covin reserving less Rent than hath been accustomed or shall by reason of Fine or by fraud or covin make any Lease without reserving any Rent then the Farmer or Tenant shall pay after the same Rate the said house c. was last let for without Covin but note that if the house c. be let at as great a Rent as the same was set at at the time of the making of the said Statute then no fraud can be averred although a Fine or In-come was given for the said Lease 3. 2 Inst 659. That if a house c. be leased and no Rent at all reserved then such house c. shall pay such rate as the same was let for at the time of the making of the said Statute but where greater Rent is reserved it is to pay according to the best improved value But where Houses had been always held by the Owners 2 Inst 660⸫ and by consequence no Rent paid that is casus omissus in this Statute and such houses will be freed of payment of Tithes by this Law But if it were a house that yielded Rent at the time of the making of the Decree and be now let without Rent it shall pay Tithe according to the Rate it was set for at the making of the Decree although no Fine at all were paid for such Lease 5. The Tithes upon this Decree cannot be sued for in the Ecclesiastical Court because the Act it self declares how they shall be recovered 6. That if the Owners held the houses themselves then they shall pay Tithe after the rate the same were set for at the time of the Decree 7. That if any person take any house c. by Lease and he and his Executors c. live in part of it and set out part the principal Farmer or Taker his Executors c. shall pay their Tithes for his and their Parts after the rate aforesaid and of such part as is farmed out according to the rate it is set at And in the same manner Tithes are to be paid where one takes a Lease