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duty_n	according_a	church_n	word_n	982	5	3.8217	3	false

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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

all reason requires that the Tithe should encrease For by the first the Parson hath a greater charge of soules By the second the Parishioner is better able to give his gaines being greater 9. Otherwise divers absurdities will follow hereupon for by this device in a new house a new Parishiner shall come and partake sacr● sacramenta and yet be bound to pay nothing to the Parson reserving all by Fine Heer● is Officium sine beneficio Besides hereby the Ministers meanes shall stand at a stay for ever though all meanes of livelyhood grow ten times dearer hereby the 9. parts shall encrease to the owner and not the tenth part to the Parson c. 10. These practises were resolved by all the Reverend Bishops under their hands and by both the Universities Anno 1620. to be utterly unlawfull in point of conscience There can be no fraud here by the common law because the Parson hath no present right or interest in being nor by the Decree First because this is a rate Tithe Secondly because the second clause requires onely that where no rent or lesse then was wont is reserved the Tythe shall be paid according to the rent for which it was last letten The ground of this is false that there can be no fraud but where the party hath a present right This is against as many Acts of Parliament almost as speake of fraud instance M●rlebe cap. 6. De his q●i primogenitos c. of those that enfeose their heires within Age to defraud the Lords of their Wardships the statute saith not that shall hereafter enfeoffe but Qui feof●re solent so here was a fraud by common law before the statute though not made void and so penall till the statute and yet the Lords which were defrauded had no present right for their interest groweth long after by the death of the tennant that made the Feofment See 13. Eliz. Dy. 294. Here is quasi a Rent in Esse and to grow upon an instant for in the instant that the Lease is made the right of the Parson growes to have the Tithe The very Decree m●kes it fraud against the Parson disertis verbis as 27. Eliz. doth against a purchaser that purchaseth the ●and after To the second part I answer first this rate Tythe must follow the rent and if that bee uncertaine then is the Tythe also and so subject to fraud Secondly for the clause of the Decree I answer there is Fraus in intentione and fraus in executione here is an intent of fraud but in effect there is none for he intended to deceive the Decree and it deceived him where he in●ended an annuall payment to bee no ●en● which the Decree saith is a Rent and so Titheable so fraus in authorem redit and so fraud is out of doores besides the substance or body of the Decree is the first clause and the question rests whither this annuall payment be a rent within that clause of the Decree which if it be the branch following nihil operatur fraude or no fraud within that branch is not materiall By the Decrees and Acts of 27. 37. Hen. 8. a new duty is created for no tythes were paid before but oblations onely for the Churches of London had nothing but oblations and obventions and therefore the tythes being onely by sorce of those statutes the words must be expounded not according to former practises but according to the common Law This is clearely otherwise for these payments are not tythes more now then heretofore nor lesse heretofore then now For though two ●hillings nine pence bee more then a tenth part yet it is called a tythe and so was the three shillings sixe pence long before either of the decrees of 25. or 37. Hen 8. in Arundels constitution 21. Richard 2. Anno 2397. they are called Oblationes seu decimae Lindwood who lived in Anno 1422. saith in the place alledged cap. 1. they are paid in liew of prediall Tithes of houses and recompence of want of glebes referring himselfe to the constitution of Roger Niger then extant in divers suites and sentences in the Courts Ecclesiasticall they are called Decimae in a Libell in the Arches 10. Hen. 8. they be thrice called Decimae In a sentence there 18. H. 8. it is said to be secundum consuetudinem solvendum Decimas in Civitate London In ye Acts of cōmon Counsel 19 H 8. It is said the Bull confirmed by that Court 14. Ed. 4. was concerning Tythes and Oblations so in the suit in Starchamber 25. Hen. 8. they are called Tythes and the witnesses depose for 40 50.60 yeares these payments were paid sometimes quarterly sometimes at Easter by the name of oblations or tithes so that the custome of offering upon each severall day was left off and the payments made yearly or quarterly long before 25. Hen. 8. so that it is certaine neither the name nor the nature of those payments or duties are altered by any Act of Parliament as is commonly but ignorantly by many affirmed but onely the quantity made lesse as appeares by what is formerly said But there is a clause in the decree that where lesse then 2. s. 9. d. for every 20 s. rent hath bin accustomed to be paid for tythes there such tithe shall be paid onely as hath beene accustomed This clause is by some expounded of St. Martin le grand which is in the city but not of the city and the out Parishes which pay 2 s. in the pound by custome but this cannot be for those places are not within the decree wch extends onely to the liberties of the city and therfore they cannot be excepted out of a rule wherein they were never included It must be therefore meant of such parishes or places within the city which by special custome pretended to pay only after the rate of 2. s. in the pound as appeares by thee citizens bill in Starchamber 25. H. 8. wherein they name som● such places within the city and by the Majors precept upon the order then made directed to every Ward wherein it is expressed that such as paid onely 2. s. in the pound should pay no more Now though this were pretended by the city in that Bill yet it appeares by the depositions their proofe came short herein and therefore the makers of the Decree doe not specifie this rate of two shillings in the pound but doe onely in the generall say that where lesse then 2. s. 9. d. was accustomed to be paid lesse should be paid leaving them which alledged the said custome or any other to prove the same Now seeing no parish or place in London doth at this day pay according to that rate of 2. s. in the pound or of any lesser summe nor was any such custome ever yet proved though often alleadged and whosoever wil prove any must prove a custome of paying after such a rate before the 37. of Hen. 8

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

taken away as Chantryes Obits Mortuaries offerings to Shrines voluntary oblations c. which Chantries were sometimes founded in perpetuity endowed with lands for ever some others for certaine time as appeares by the Donnors Wils yet extant and alwaies beneficiall to the Parson of the Church who was sometimes solely endowed and sometimes with the Wardens more of which Chantries there were in London then anywhere else where scarce any Church but had one and some three or foure I could instance in some small Parish Churches in London where the Tythe is not above 80. l. when as the Chantry lands belonging anciently thereto taken away by the Statute of 1. Edward 6. are at this day worth 500 l. or 600 l. per annum The offering to the Jmage of the Virgin Mary at St. Magnus by London Bridge was worth 4. markes per annum 9. Hen. 7. as appeares by the Decimary aforesaid How commonly were Masses then sold to deliver soules out of Purgatory besides the foure offering dayes vsed all over the Kingdome which are now come to 2. d. at Easter How many voluntary oblations did people then give few of any ability appearing at any time emptie handed but now men will come with the wise men to worship Christ yet they are growne too wise to open their Treasures and offer to him what the duties or payments were anciently for burials weddings and Churchings we may conjecture by that Schedule annexed to the Bils which was put up in Starre-chamber by some Citizens 25. Hen. 8. wherein though many impertinencies and vntruthes be alleaged yet we m●y out of their mouthes convince those who vse to object the Casuall duti●s now taken as great exactions lately brought up and not anciently practised Duties anciently paid to the Parson or Curate for Weddings 1. There is laid upon the booke after the Custome l. s. d. 0 0 8 2. In the two Tapers at Masse 0 0 2 3. In the Taper at the latter end of the Masse going to the Font 0 0 1 4. The whole offering at Masse belongs to the Parson unlesse the parties compound for it giving sometime 2. s. or 3. s or 6. s. 8. d. or more 0 6 8 5. If any will be Married before the High Masse they pay 20. d. or 40. d. or 5. s. 0 5 0 6. For a Certificate when a man dwels in another Parish he payes 1. s. or 20. d. or 40. d. 0 3 4 For Burials 1. If the party be Buried vnderstoole 1. s. or more and every Priest in the Church 8. d. or more else they doe not sing him to his Buriall 0 1 0 0 0 8 2. At every moneth mind yeares or obite the Curate hath 8. d. or 12. d. l. s. d. 0 1 0 And every Priest in the Church 4. d. or 6. d. 0 0 6 3. All the Tapers and waxe brought into the Church with the Coarse if they be vnder a pound       4. All the branches of white waxe if any be brought in with the Coarse which branches cost 6. s. 8. d. some 10. s. some 13. s. 4. d. and some pay more 0 13 4 5. For privy Tythes 20. d. 40. d. 5. s. 20. s. 40. s. or more 2 0 0 6. To the High Altar as much for personall Tythe 2 0 0 7. If any be buried out of his owne Parish the Coarse must be first presented in his owne Church and dirge and Masse kept as amply as in the place where it is buried       8. For the Buriall in the Chancell or High Quire 10. s. or 13. s. 4. d. or 20. s. 1. 0 0 For Churchings 1. For every Sunday when the woman lyes in for saying a Gospell 1. d. or 2. d. 0 0 2 At the Purification of Custome in the Taper 1. d. with the Chrysome and the whole o●fering by all the women at Masse 0 0 1 If any man would have his friends prayed for in the Bead-roll the Curate hath by yeare for every one 4. d. or 8. d. l. s. d 0 0 8 Of mens wives children and apprentises for their Communions at Easter for every head 0 0 2 Of all Servants that take wages the 10. part of their wages for the privie Tythes and for their housell at Easter 0 0 2 At all Principall feasts as Candlemas All soules day Creeping on the Crosse Good Friday Easter day in confessions at Lent and other times of the yeare of the Patrons of the Church divers offer some waxe some money which comes to the Parsons vse         l. s. d. Where a Saints Image stands without the Quire to which a brotherhood belongs the wardens of the brotherhood compound some for 3 s. 4 d. 5 s. 6 s. 8 d. or more per annum to have the brotherhood kept in the Church 0 6 8 For sealing a Lease of a house belonging to the church 20 s. 40 s. 3 l. 4 l. or more 4 0 0 These duties although the Citizens complained off in Starchamber togetherwith the tythes yet the Lords Referrees as it seemes saw so little reason to alter any one of them that although they abated the Tythe to 2 s. 9 d. in the pound yet they let those duties remaine as they did That the recovery of Tythes was easie in those dayes for Ordinaries were appointed in their Visitations to enquire of the detainers and to curse the offendors as appeares by Pope Nicholas his Bull and if any did sue the cause was heard summarily sine judicii strepitu no such delayes and chargeable suites as now were then knowne unlesse in some speciall case that concerned the whole City All these things considered shew how liberally the Clergie were then provided for although they had not nor could have the charge which many now have being then by Law prohibited to marrie nor was their paines comparable to that which is now expected and required But no● all is cleane inverted in stead of 3s 6d according to the true value of houses there is not paid 2. s. 9. d. no not 9 pence in the pound throughout the Citie take one house with another as for personall tithes they are things unknowne not onely obits and Chantries abolished as superstitions but also Mortuaries and voluntary oblations quite gone and the recovery of that little Tithe which is left if any deny to pay it so beset with difficulties that the most are glad to take any thing they can get nor doth any one Parish one of twentie pay him tithes according to any rent either old or new but some small summe such as the Parson and he can agree upon CHAP. III. The decimarie of St. Magnus London with the Rents and Tithes of every house according to the rate of 3 s. 6 d. in the pound with the other duties for Burials and Christnings Weddings c. taken Anno 9. Hen. 7. and about that time printed NOw that it may the better appeare both

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

which at this day is impossible for any to doe it followes there that this proviso is of no use now in the Decre● nor can it any way bene●it any of thecity in this case nor indeed could any man in any suite yet make use thereof The livings in London would be too great Parsons would be all Bishops some worth 2000. l. per annum if tythes were paid according to improved Rents Jt is unjust to detaine any mans right though it would make him never so rich Would any rich man thinke it fitte that others should defraud them of their right because if it were paid they would be too rich and because the Parsons would be little Bishops if they had all must they therefore live like Beggers If any Living should swell to so great a proportion the remedy should be to divide the Parish into more Parishes and not to deprive the Church of its due But to answer this more particularly 1. These Objections concerne not the 97. Parishes within the Wals where few new buildings can be raised if the Tythes were payd according to the vtmo●t value there would be within the Wals. 1. Eight Benefices not worth above 100 markes or 100 l. per annum 2. Not above 3. within the Wals worth 500 l. per annum 3 Not above 6. more worth 400 l. per annum The rest would be between 100 and 300 pounds per annum and the most of them not above 150 or 200 l. per annum 2. If Tythes were thus paid it would be 1. No more then Livings of the like value in the Kings Bookes in the Country for some are at 60. l. some at 70. divers at 40. l. and 30. l. and few lesse then 20. l. 2. Nor so great as where there is like number of Inhabitants of farre lesse ability in the Country where some Farmer not worth 500 l. p●yes more Tythe then 20. of the best houses in London 3. Nor neere so great as before the Decree when yet they could not have such charges being to live single and their paines not comparable to preaching now vsed the bare Tythe of St. Magnus Anno 1474. besides Oblations mortuaries obits trentals Chantries c. which were very many and great was 87. l. 11. s. 11. d. ob which was as sufficient maintenance then as 500 l. now and yet the Tythe is not above 84. l. and stands in the Kings bookes taxed at above 69. l. besides 40. s. in Pensions 4. Nor should the Clergie have more free maintenance then is suitable to their education and charge nor above ordinary Citizens among whom they live who are many of them worth 5. or 6. Bishops or halfe the Parsons in London 2. For the Parishes without the Wals by reason of new building they are swolne very big yet the biggest would not be worth above 1500 l. per annum or thereabouts as hath appeared by a valuation made of every house but here consider 1. These stand a great part without the liberties and so are not within the Decree 2. They be all appropriate save St. Andrewes in Holberne and St. Buttolph Bishopsgate 3. They are so great that they are fit to be divided and so the maintenance would be but reasonable 4. The particular Parishioners there shall pay no more then those in the least Parishes in London so that there would be no greater burthen to any particular man by the Parsons benefit 5. The Parsons in those Parishes are at more charge and paines and must keepe two or 3. assistants 3. Thirdly the desires of the present Clergie for encrease of their maintenance were conceived to be so moderate by all indifferent men that one may justly wonder how they could be rejected for in their demands lately tendered and sen● to the severall Parishes we may observe these particulars 1. There are 30. Parishes within the Wals wherein they desired not that the whole Tythe should exceed 100 l. per annum and in most of those Parishes lesse was desired in some 80. l. in some 70. l. in some not above 50. l. per annum 2. There was but one Parish within the Wals wherein was desired 300. l. per annum nor above 3. more where in was desired 200 l. per annum or vpwards in Tythe 3. The whole Tythe demanded in all the rest of the Parishes within the Wals was betweene 100 l. and 200 pounds per annum 4. Even in the greatest Parishes without the Wals there was not above 100 l. per annum desired in any above that which is now paid which yet is no more then some small Parishes within the Wals have allowed for a yearely Lecture These demands were all they desired the Tythe should bee raised vnto and that no greater summe should be paid provided that their successours might not hereby be concluded or shut up but that vpon the variation of times some way might be open upon just cause for such alteration of the rates as the King and State should thinke fit The Livings are competent already and some of late improved The Competency will appeare by a generall survey of their present estate viz. 1. There be 20. Livings within the Wals vnder 40. l. per annum and some of them 20. l. some 30 l. in Tythes 2. There is but one within the Wals worth 100 l. or upward in Tythes 3. There are not above 20. that exceed 70. l. per annum whereof few arise to 100 l. all the rest within the Wals are within 40 l. and 70 l. per annum All without the Wals and within the Liberties are apppropriate but two The Casuall profits are not equall to the yearely charge issuing out by tenths Pensions procurations c. and wherein some few Livings there is a little gleabe which was in the most part of the Parsonage-House devided and let out there are about 20. Livings that have not so much as a dwelling House CHAP. VI The second Case concerning Ecclesiasticall Iurisdiction for Tythes in London That the Lord Majors power is not exclusive to the Ordinaries but onely accumulative THat the Ecclesiasticall Jurisdiction concerning Tythes in London is not taken away by any of the Decrees or Acts of Parliament but remaines in statu quo prius 1. It is granted that before 37. Hen. 8. the Jurisdiction remained nor was any new duty of Tythe then created as is before proved Now supposing the Decree to be an Act there are no negative words to take it away and an Act of Parliament in the affirmative doth not take away the Jurisdiction Ecclesiasticall unlesse some negative words bee added as not otherwise nor in other manner c. as Cooke in Cawdries case who saith It is the generall rule in all their Bookes citing divers authorities to this purpose 2 The parties compromitting were only the Curates and the Citizens and not the Ordinary and therefore no Act made by vertue of that compromise can bind the Ordinary or take