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A68720 The historie of tithes that is, the practice of payment of them, the positiue laws made for them, the opinions touching the right of them : a review of it is also annext, which both confirmes it and directs in the vse of it / by I. Selden. Selden, John, 1586-1654. 1618 (1618) STC 22172.3; ESTC S117046 313,611 538

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Commons so differ touching the execution of the Canons and insomuch that afterward also the Commons put in a Bill Que nul Estatute ne Ordenance soit faite ne grante au Petition du Clergie si ne soit per assent de voz Commens Ne que vous dites Commens ne soient obligez per nulles constitutions qu'ils font pur lour auantage sanz assent de voz dites Commens Car eux ne veullent estre obligez a nul de voz Estatutz ne Ordinances fa●tz sanz lour assent But the answer was only thus Soit ceste mature declarè en speciall This by the way XXXIV Here may be rememberd thatagreement in the Parlament at Salisburie Quòd consultationes fieri debent de silua caedua eo non obstante quod non renouatur per annum But to what Parlament to refer that agreement expressed by Concordatum fuit coram Consilio Regis in Parlamento c. I sufficiently know not vnlesse to that of 7. Rich. 2. held at Salisburie the Rolls whereof hath nothing of it XXXV In 5. Hen. 4. a Bill was put in by the Commons against the exaction of Tithes of Quarries of Stone and Slatt Thus it speaks Item priont les Commens que come plusors lieges nostre Seignior le Roy sont souent foits vexiz trauaillez per Persons Vicaires de Seint Esglise per Citations Censures de Seint Esglise pur Dismes de Peres Sclattes oueres trahez hors de Quares de sicomne nul Disme de nul tiel Pierre ne Sclatte vnques ne feust demande de nulle Disme ent paie que pleise a granter que si ascun Prohibition soit fait en le cas que nul Consultation soit grant a contrarie Hereto the answer was Le Roy s'aduisera But you may see hereof more in the ancient Opinions of the Iudges deliuered in the Register and Fitzherbert XXXVI In 27. Hen 8. chap. 20. it is enacted by Parlament That through all the Kings dominions euery subiect according to the Ecclesiasticall Laws and Ordinance of this Church of England and after the laudable Vsages and Customes of the Parish or other place where he dwelleth or occupieth shall yeeld and pay his Tithes c. And some other speciall courses for recouerie of Tithes are in that Act ordained XXXVII By the Statute of Dissolution of Monasteries of 31. Hen. 8. chap. 13. it was enacted That the King and his Patentees should hold the Possessions of the dissolued Monasteries discharged and acquited of payment of Tithes as freely and in as large and ample manner as the Houses of Religion held them at their time of the dissolution XXXVIII After the dissolution of Monasteries to which diuers Tithes and Parish Churches had been appropriated and were now setled in the Crowne and thence conueyed into Lay hands an Act was made in 32. Hen. 8. cap. 7. commanding euery man fully truly and effectually to diuide set out yeeld or pay all and singular Tithes and Offerings according to the lawfull Customes and Vsages of the Parishes and Places where such Tithes or Duties shall grow arise come or be due And remedie is giuen for Ecclesiastique persons before the Ordinarie and for Lay men that claimed appropriated Tithes by grant from the Crown in the secular Courts by such actions as vsually Lay possessions had been subiect to XXXIX By the Acts of 27. Hen. 8. cap. 21. 37. Hen. 8. cap. 12. and the Decree made vpon them the Citizens and Inhabitants of London and the Liberties were commanded to pay their Tithes to the Parsons Vicars and Curats of the Citie according to a rate of the rents of their houses that is two shillings nine pence for euerie pound and that if no rent be reserued the Tithe should be duly paid according to what their houses had been last letten for and according to that also are owners bound to pay But a Prouiso is in the Decree That where a lesse summe then after two shillings nine pence the pound hath been accustomed to bee paid for Tithes in such places the former custome should be continued And some other particulars are in it which are too long to be here transcribed you may easily see it whole But anciently in London on euery Sunday and other principall Feast day the chief maintenance of the Ministers was encreased by a farthing offered out of euery tenne shillings of rent Ex Ordinatione antiqua sayes Lindwood and that Ordinance as I haue heard was either made by Roger Niger Bishop of London in 13. Hen. 3. as a new one or as a confirmation of former vse as which of these I purposely abstain here to enquire in dicta Ciuitate tenentur singulis Dominicis diebus in principalibus Festis Sanctorum Apostolorum aliorum quorum Vigiliae ieiunantur offerre pro singulis X. solidis redditus domus quam inhabitant vnum quadrantem And the LII farthings so yeerly paid on Sundaies only came so neere to the iust Tenth of the rent that they were thought on as a Tithe paid the other being reputed rather by the name only of Offerings Which you may see in the same Lindwood where he disputes the question whether those farthings excused the Citizens from personall Tithes of their gaines and concludes that they did not But before these Acts and the Decree no Tithes as Tithes were generally paid in that Citie in some places they were as in the libertie of S. Martins le Grand which is rather in London then of it neither can I but here remember that custom of the Eastern Church thus maintaind chiefly with Offerings or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as they called them which specially appears in the answere of Theodore Balsamon Patriarch of Antiochia to Mark Patriarch of Alexandria touching the quantitie of what was to be offered He tells him that no certain quantitie is appointed by the Canons and that through inequalitie of mens estates none of them giuing any such part to the Church as that it could discouer their abilities which permits not a regular certaintie they were contented with what custom and free bountie of the giuers bestowed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saies he 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which is in substance the same before in English XL. In 2. and 3. Ed. 6. chap. 15. it was enacted that all prediall Tithes should be thenceforth paid as of right they had been within fortie yeers next preceding or according to custom ought to haue been with allowance of Priuileges lawfull Prescriptions or Cōpositions reall and personall Tithes of gain by merchandise and artifice in such places and as within XL. yeers preceding they had been accustomably vsed to be paid are commanded to be paid yeerly at or before Easter Other particulars and the remedies giuen by the Act may be easier found in it then I can transcribe them XLI To these may not amisse be added those Laws for Tithes