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 â—hâ—re was a great Dearth by Act of Common Counsels 27. Ed. 1. these prâ—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 Shrovetidâ— 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. â— 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 5â—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-â—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 vnâ—eâ—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 wâ—s an easie worke pâ—eaching was little vsed vnlesse iâ— Lent or towarâ—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 Gadâ—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
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 sacrâ— sacramenta and yet be bound to pay nothing to the Parson reserving all by Fine Heerâ— 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 Mâ—rlebe cap. 6. De his qâ—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 feofâ—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 mâ—kes it fraud against the Parson disertis verbis as 27. Eliz. doth against a purchaser that purchaseth the â—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 inâ—ended an annuall payment to bee no â—enâ— 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 â—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 coÌ„mon 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 somâ— 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
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 mâ—y out of their mouthes convince those who vse to object the Casuall dutiâ—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 oâ—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 noâ— 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
what rents were paid about those Tithes and also how the Tythe and offering was paid accordingly Wee have thought good to set downe the Decimarie of St. Magnus London as is extant in the said booke of Common Customes wherein every mans Rent then paid is set downe and withall the Tithe or offering which was paid exactly according to the said rate of three shillings sixe pence in the pound one shilling 9 d. in the halfe pound and 14. d. in the Noble taken as appeares there in the Yeare 1494. which was in the 9. of Hen. 7. and about 40 Yeares after the Bull and published by a Citizen The value and stint of of the Benefice of St. Magnus at London Bridge yearely to their Parson The Reckoning of the same the first day of December Anno Domini 1494.  Rent Tythe offering  l. s. d. l. s. d. EDâ— Bellow 4 0 0 0 14 00 Hen Somer 8 0 0 0 08 00 Tho Cooper 4 6 8 0 15 2 Heyman 1 13 4 0 5 10 Richard Arnold 10 0 0 1 15 0 Iohn Ball 2 0 0 0 7 0 Henry Can. 2 13 4 0 9 4 Iames Rudston 3 03 4 0 11 8 William Gardiner 2 00 0 0 07 0 Roger Mayd 5 00 0 0 17 6 Thomas Farning 2 06 8 00 08 2 Huntley 2 13 4 00 09 4 Iohn Young 2 06 8 00 08 2 William Mott 2 13 4 00 09 4 Peter Scott 4 03 4 00 14 7 Robert Vincent 2 6 8 0 08 2 Iohn Humâ—rey 6 6 8 0 18 7 Tokas 0 13 4 0 2 4 Thomas Blount 2 13 4 0 9 4 Symkin Newton 3 3 4 0 11 0 Iohn Temple 2 0 0 0 07 0 Iohn Wilford 1 13 4 0 5 10 Iohn Palmer 1 15 0 0 6 1 ob William Clerk 1 06 8 0 4 8 Thomas Horwood 1 06 8 0 4 8 William Alye 1 13 4 0 5 10 Thomas Knolling 1 6 8 0 4 8 Mr. Bull 1 0 0 0 3 6 Robert Seton 2 6 8 0 8 2 William Hadwele 2 6 8 0 10 1 Mr. Stockton 1 6 8 0 4 8 Iohn Gregory 2 0 0 0 7 0 Thomas Britt 1 10 0 0 5 3 Thomas Mattr 1 06 8 0 4 8 Gilbert Forman 1 06 8 0 4 8 Walter Boswell 2 00 0 0 7 0 Richard White 5 00 00 0 17 6 William Steed 11 0 0 1 18 6 Iohn Hasteler 4 0 0 0 14 0 Richard Borne 5 0 0 0 17 6 Richard Watron 2 0 0 0 7 0 Richard Franklin 1. 6 8 0 4 8 Richard Aliff 1 13 4 0 5 10 Reâ—nald Iames 1 0 0 0 3 6 William Roming 1 0 0 0 3 6 Richard Gariner 1 6 8 0 4 8 Rich Gardiner 2 0 0 0 7 0 Henry Thomson 1 6 8 0 4 8 Thomas Morton 3 6 80 0 11 8 Richard Iames 1 6 8 0 4 8 Iohn Rolchant 3 10 0 0 12 3 William VVeller 1 10 0 0 5 3 Iohn Ford 1 6 8 0 4 8 Iohn Adam 1 6 8 0 4 8 William Blanck 1 10 0 0 5 3 Iohn Ford 1 6 8 0 4 8 Iohn Adam 1 6 8 0 4 8 William Blanck 1 10 0 0 5 3 Iohn Browne 1 6 8 0 4 8 Holinby 3 0 0 0 10 6 Iohn Calker 1 6 8 0 6 5 Iohn Etton 1 13 4 0 5 10 Simkin Mott 2 6 8 0 8 2 Henry Sander 1 13 4 0 5 10 Iohn Slingsbie 2 0 0 0 7 0 Iames Walker 2 0 0 0 7 0 Nicholas Hill 1 13 4 0 5 10 Andrew Austen 4 00 0 0 14 0 Bartholm Dwele 2 6 8 0 8 2 Will â—â—uringfield 2 0 0 0 7 0 William Grin 4 10 0 0 15 9 Iohn Hasâ—ilar 1 13 4 0 5 10 Iohn Iarret 4 00 0 0 14 0 Richard Clerke 3 00 0 0 10. 6 Robert Laâ—be 5 6 8 0 18 8 Stephen Weâ—â—ou 4 0 0 0 14 0 Iohn Alkin 2 13 4 0 9 4 Richard Hayell 3 3 4 0 11 1 Thomas Petite 10 13 4 1 17 4 William Dekin 2 13 4 0 9 4 Henry Crechin 1 6 8 0 4 8 Thomas Burget 5 6 8 0 18 8 Iohn Farmar 5 6 8 0 18 8 Kichard Ieffrey 11 6 8 1 19 8 Thomas Elven 6 13 4 1 3 4 Henry Bube 3 6 8 0 11 8 Iohn Chawbes 2 6 8 0 8 2 Robert Blake 3 0 0 0 10 6 Ech. wife 1 0 0 0 3 6 Ech. wife 1 10 0 0 5 3 Baldwin Hawkins 2 6 8 0 8 2 Iohn Hawkins 5 6 8 0 18 8 Thomas Ladall 5 10 0 0 19 3 Thomas Brooke 4 0 0 0 14 2 William Pawley 1 13 4 0 5 10 William Bowar 3 6 8 0 11 8 William Bowar 0 19 0 0 3 4 Sol Wife 0 13 4 0 2 4 VVilliam Barre 0 10 0 0 1 9 Iohn Peirson 0 10 0 0 1 9 Iohn Barbary 0 10 0 0 1 9 Marion Gregory 0 10 0 0 1 9 Kobert Bartiles 5 6 8 0 18 8 Mrs. Newman 2 6 8 0 8 2 Richard Hill 07 0 0 1 4 6 William Lawrence for a house of I. R. 2 13 4 0 9 4 Roger 5 00 0 0 17 6 The same R. for a Flaxe shop 01 0 0 0 3 6 Iohn Pye 0 13 4 0 2 4 Richard Knyt 6 13 4 1 3 4 Richard Gough 6 6 8 1 2 2 Richard Mathew 3 6 8 0 11 8 Gregory Stot 4 6 8 0 15 2 Alexand Perpoint 5 13 4 0 19 10 Iohn Ben 4 0 0 0 14 0 Iohn Ben for a watring place 0 10 0 0 01 6 The same for a Cellar 0 6 8 0 01 2 Iohn Trowth 11 13 4 2 0 0 Iohn Alman 12 0 0 2 2 0 Iohn Turke 4 00 0 0 14 0 Iohn Kirby 16 00 0 2 16 0 Philip Seâ—er 6 0 0 1 01 0 Ed. Garrard 1 6 8 0 4 8 Thomas Lyon 4 0 0 0 14 0 Nic. Morton 3 0 0 0 10 6 William Ramsey 5 0 0 0 17 6 Thomas Dolphin 8 0 0 1 08 0 William Atkinson 3 16 0 0 13 5 Iohn Smith 4 13 4 0 16 4 Iustin Wife 2 6 8 0 8 2 William Hop 7 6 8 1 5 8 Richard Cockis 3 6 8 0 11 8 Summe of all the Rent is l. s. d. 434 12 8. The summe of the Offerings l. s. d. 75 8 8. ob The shops in Bridge-street Thomas Lidall for two shops l. s. d. l. s. d. 9 6 8 1 12 8 Iohn Thornton 2 10 0 0 8 9 Gregory Stot 2 13 4 0 9 4 William Panley 4 00 0 0 14 0 Richard Knight 6 13 4 1 3 4 Thomas Legg 5 6 8 0 18 8 Henry Shotford 3 0 0 0 10 6  Rents Tythe or Offerings  l. s. d. l. s. d. Iohn Palmer 5 0 0 0 17 6 Thomas Gasley 2 16 8 0 9 11 Riehard Cox 4 3 4 0 14 7 Iohn Austen 4 0 0 0 14 0 â—â—hn Turk 3 13 4 0 12 10 Iohn Sepman 2 13 4 0 9 4 VVilliam Ramsely 5 0 0 0 17 6 The same VVilliam 2 6 8 0 11 8 Thomas Brooke 6 0 0 0 18 8 The summe
which at this day is impossible for any to doe it followes there that this proviso is of no use now in the Decreâ— nor can it any way beneâ—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 vtmoâ—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. pâ—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 senâ— 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
the parties to stand to his Decree Now suppose the Ordinary should determine otherwise concerning the same matter and force by censures of the Church the parties to oâ—ey his sentence hâ—re it will bee doubtfull to whom obedience must be given and so the one Iurisdiction must destroy the other J answer first it may well be affirmed that by the party grieved can be only meant the Minister for wherein can the Citizen be grieved if the Minister demand more then his due the Citizen may with-hold payment and so long J hope hee is not grieved by the Ministers demand If it be said hee is grieved when hee is sued in the Spirituall Court J answer that this grievance cannot bee heere meant because first the party must bee grieved with some thing mentioned in the Decree which this is not and secondly the grievance must bee such as the Lord Major can helpe or remedy but this hee cannot for he never did nor can stay the proceeding in any Spirituall Court nor ever used any compulsive power against any Minister but against the Atturney onely according to the words of the Statute 27 Hen. 8. Secondly J answer by propounding the like question The Exchequer hath power to determine matters of Tythe in London where the Living is impropriate and held in Fee-farme of the King as hath beene often adjudged especially in Ivats Case 16. Iacob Now suppose that Court and the Major make contrary Decrees which of them must bee obeyed or how can the words of the Statute bee made good for the Lord Majors power Heere I know it will bee answered that the Exchequer being the higher Court must take place and the Lord Major may not meddle with causes there depending but I say this is not mentioned in the Decree but onely gathered by consequence because that Court had jurisdiction before the Decree which Jurisdiction is not taken away by the Decree and if so then the very same answer doe J give for the Spirituall Court which is superiour to the Majors in matters of Tythes and had power before him many hundred yeares in this Case so that hee ought not to meddle with matters there depending But Statutes and Acts of Parliament must bee expounded by Iudges at Common Law This makes nothing to the question for first the Lord Major is none of those Judges and secondly this proves onely that the Judges may prohibite the Spirituall Court if it proceed contrary to the true meaning of the Decree but if it proceed according to the true sence of it then it may proceed otherwise No Ordinary could hold out plea for Tythes in the Countrey because there are Statutes made for all Tythes in the time of Henry 8. and Edward 6. which yet wee know they did and may doe lawfully and are never prohibited but upon suggestion that they proceed contrary to the meaning of those Statutes and Customes which the Iudges conceive they onely are to interpret FINIS Errata graviora Page 5 line 20. for could read would Page 6. l 6. dele of and in Marg. for iâ—tituled r. impriâ—ted Page ibid. line 7. for lâ—st read Lâ—st Page ibid. line 30 for vent read 〈◊〉 Page â—2 line ult. for iâ—â—rease read câ—â—câ—ssâ— Page 13 line 4 for foure read forty Page 14 line 19. delâ—of Page 15 line 15 dele Bill Page ibid. line 25. for 〈◊〉 read câ—â—sciâ—â—tioâ—snesse Page 20 line 22 for of read 〈◊〉 Page 24 line 9 col 2 for 0. l. 8 â— d. read 1. l. 〈…〉 Page 21 in the Marg. for 9 read 6. Lâ—ndwâ—oâ— lib 3 tit de Deâ—mis cap. sanct. Ecâ—l verbo Negotiâ—tionem â—ol 103. Roger Niger Constituâ—ion about Anno H 3 1230. Booke of Common Customes of London fol. 18. Dr. Tildsley in Prefat. contra Selden Arundels Constitution anno 1397.21 R. 2. extant in the Office Lib. Arundell fol. 1. in the booke of Common Customes Pope Innocents Bull in the booke of Customes Anno 1453. 3â—Hen 6. Pope Nich. Bull recited at large in the Booke of Customes fol. 19 20 21. c An award 31 H. 6. mentioned in the Act of Common Councell 31. H. 6. recited at large in the booke of Customes Act of CoÌ„mon Councâ—ll 31. H. 6. Bull received by Act of CoÌ„mon Councell 14. Edw. 4. 3. Martij 1474 3. â— â— d. in the pound Acts of Coâ—mon Counsell Aâ—â—o 1â— and 20. H. 8. in the Guild-Hall O. deâ— for 2â— 9 d. 25. H. 8. Letters pattents and Proclamations Act of Parliamâ—nt 27. H. 8 In a little treaâ—isâ— of tythes of London entitâ—led 36 H. 8. by a Citizen Decree 37 H. 8 Act of Parliameâ—t 37 H. 8. Act in the Bishâ—ps Râ—sâ—â—gry * by reserving the vent under other naâ—es as annuall quarterly fineâ— duâ—ing the lease annuities new-years gifts interest monyes rent for implemeÌ„ts and houshold stuffe by double leaâ—es the like See the new booke of Assizes for bread c See Cooke upon Littleton â—â— 2 cap 3. Sect. 95. * In a Leidger booke of Sâ—t Magnâ—s London for a Lawyers fee and spent in wine at a meeting of the best of the Parish 8 d Duâ—ies anciently pâ—id to the Pâ—â—sâ—n or Cuâ—ate for weddings These dutiâ—s were not 〈◊〉 same in 〈◊〉 Pâ—rishes buâ— dâ—â—feâ—ing accoâ—dign to the severaâ—l customâ—s of seveâ—all Pâ—riâ—hes The same duties when he is buâ—â—ed ouâ— of his owne Parish 1. Beadroll 1. Hoâ—sell at Easter 1. Tythes of Servants waâ—ges 1. Mens devotions on divers dayes Leases The Case Object Answer Sr R. Ct. Object against the legality Answ Object 3. vide p. vlt. Objections Answ. Object Answer Acts and Monuments vâ—l 2. fol. 1187. Col. 2. articâ— 5. Objecâ— Answer Answer Object Answer Object 4â— Answ. 1.