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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

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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