AN ABSTRACT OF A TREATISE concerning the payment of tithes and Oblations in LONDON.  
Showing The antiquity of those payments according to the Rents of Houses; That they were paid by positive Constitutions, according to the true value of the Houses, ever since the year 1230. and by ancient custom long before, till the quantity, not the name, or nature was altered 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 liberal maintenance of the clergy 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, annual Fines, &c. and concerning the Jurisdiction ecclesiastical for tithes of London.  
A general Survey of the Value of the London Benefices both as they are now, and also what they might arise unto if tithes were truly paid according to the value of Houses.  
The moderate Demands of the clergy, with other matters pertinent to this Subject.  
Printed, Anno Dom. MCDXLI.   

AN ABSTRACT of a Treatise concerningthe payment of tithes and Oblations in London.  

CHAP. I. A historical narration of the payment of tithes and Oblations from the time of ROGER NIGER Bishop of London, about the year 1230. till the 37. of HENRY the 8.  
BY the custom of London, the Parish Churches were anciently endowed with certain Oblations, viz. one Farthing of every ten shillings rent of all Houses, Shops, &c. to be offered by the Parishioners upon every Sunday, and upon every solemn and double feast, especially and by names of the Apostles whose eves were fasted: Which offerings coming to more than a tenth part of the rent, 

L●ndw●o● lib 3 tit de De●mis cap. sanct. Ec●l. verbo.  
Negoti●tionem ●ol. 103.   were paid in lieu of predial tithes of the Houses, and in recompense of the want of glebe, as appears at large by Lindwood and by other Records hereafter mentioned.  
The Citizens neglecting to pay the said Offerings or tithes to their own Curates, and giving part thereof to the Dominicans and Franciscans, who were lately come over and began to Preach here, and draw people after them, 
Roger Niger Constitu●ion about Anno H 3 1230. Book of Common customs of London, fol. 18. Dr. Tildsley, in Prefat. contra Selden.  a Constitution was made about the year 1230. by Roger Niger Bishop of London (authoritate ordina●ia) commanding all to pay to their own Curates, as is before expressed, Et prout lo●ge retroactis temporibus consuetum extiterat.  
After this when Rents increased, the Citizens refused to pay, if the rent came to above 40. s. per annum, 
Arundels Constitution, anno 1397.21. R. 2. extant in the Office. Lib. Arundel, fol. 1. & in the book of Common customs.  pretending that no more was intended by nigers' constitution. Whereupon a constitution was made by Thomas Arundel Archbishop of Canterbury, declaring the ●ormer, viz. That they should pay the said offerings or tithes to whatsoever summethe rent should amount; and this sub paena majoris Excommunicationis.  
These Constitutions were confirmed by Pope Innocent the 7th in his Bull dated in May 1406. Et pontificatus Anno secundo, 
Pope Innocent's Bull in the book of customs.  and all defects supplied, if any were.  
After this the Citizens pretending a copy of Roger Nigers constitution (which was adjudged afterwards to be spurious) would pay only on Sundays, 
Anno 1453. 3●Hen. 6. Pope Nich. Bull recited at large in the book of customs, fol. 19, 20, 21. etc  and the Apostles days, not on the other solemn and double Feasts; Whereupon Robert Wright of St. Edmunds Lombard-street was cited before the Ordinary, and sentence given against him, and upon appe●le, first to the Pope's Commissary, and after to the Pope himself, the sentence was twice affirmed, and upon the Letters of King Henry the 6. Pope Nicholas the 2. sent out his Bull commanding the Citizens to pay upon all the said Feasts, authorising the Ordinaries to inquire hereof at the Visitations and to curse the offenders, 7. Idus Aug. & Pontif. anno 7.  
The same year before the Bull was received, 
An award 31▪ H. 6. mentioned in the Act of Common council, 31. H. 6. & recited at large in the book of customs.  an award or Composition was made by eight arbitrators, wherein some days are left out which are appointed by the Bull, the whole offering in 52. Sundays and 22. Holidays, amounting to 3. s. j. d. in the pound, which award was agreed by Act of Common council, 31. H. 6.  
After this (by Act of Common council) the Citizens bind themselves in all things to obey the Bull of Pope Nicholas, 
Act of Common Counc●ll, 31. H. 6.  according to which they paid for so many days that the Tithe or oblation amounted to 3. s. 6. d. in the pound, 
Bull received by Act of Common council 14. Edw. 4. 3. Martij 1474, 3. ●. ●. d. in the pound.  14. d. in the Noble, 1. s. 9 d. in the half pound, and not long after in regard it was troublesome to offer every day in time of divine service, by mutual consent the same was paid either once at Easter, or quarterly by the name of oblations or tithes, ●s appears by the Decimary of St. Magnus Anno 1494, about 7. Hen. 7. in the book of Common customs, and by sundry suits and sentences in the Arches, and by the Bill of the Parsons exhibited to the common counsel 19 Hen. 8. remaining on Record in the Guildhall, and by Records of a suit in star-chamber 25. Hen. 8.  
Upon occasion of sentence gi●en in the Arches, 18. Hen. 8. against Robert Hearne of St. Mildred's Poultry for 14. d. in the Noble, the Citizens complain in Common counsel, that the Curates took above the rate appointed by the Bull, viz. 14. d. in the Noble, whereas they should have nothing, unless the rent came to 10. s. and so ascending from ten shillings to 10. s. and not under, 
Acts of Co●mon counsel A●●o 1●. and 20. H. 8. in the Guild-Hall.  and also they sent Bills to every Church, showing what days should be paid for, according to which computation of theirs the tithes came to 3. s. 5. d. in the pound, which was 1. d. less than formerly, & they order that nothing should be paid for any sum under 10. shillings, and desire that the Bull may be published in English 4 times a year, as was pr●scribed, & had been disused, An. 25. H. 8. when the Pope's power was abrogate, some Citizens pretending they should run into a praemunire, by obeying the Bull; refused to pay either according to the Bull, or to any former constitution or custom, and put up a Bill in Star-chamber against some parsons that sued in the spiritual Court, praying that they might pay only two shillings in the pound (as other Parishes without the liberties did) in which suit after publication, both parties submitted the cause to the Lords, who ordered the tithe to be only 2 s. 9 d. in the pound, and 16 d. ob. in the half pound, dividing the controverted sum viz. 18. d. per pound, 
O. de● for 2●. 9 d. 25. H. 8.  by abating 9 d. of what the Clergy would have, and adding 9 d. more than the Citizens could have paid.  
This Order was confirmed by the King's Letters patents, 
Letters patents and Proclamations  Apr. 2.25. Hen. 8. and by Proclamation upon pain of fine and imprisonment, at the King's pleasure, and by divers Acts of Common counsel made the same year, and remaining upon Record in the Guildhall.  
The same was confirmed by Act of Parliament 27. Hen. 8. to continue till some other order should be made by the 32 persons to be chosen for reforming ecclesiastical laws; and by this Act the Major hath pow●r to commit such Citizens, as refuse to pay according to such order. 
Act of Parliam●nt 27. H. 8,   
According to this Order, divers sentences passed in the E●clesiasticall Courts, upon emergent controversies of one for the Parson of St. Dunstan's last, for tithe of wharves 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 tithe 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, 
In a little trea●is● of tithes of London, entit●led 36, H. 8. by a Citizen.  which passed the Commons, but was stayed by the Lords, containing among other things, that for new buildings, no tithes be paid, so long as the Owner lived therein himself; but if they were let out, then to pay the tithe as other houses: and that all tithes should be recovered by process in the spiritual 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 certain Lords, 
Decree 37, H. 8 Act of Parliame●t 37 H. 8.  which is the decree now in question, and an Act of Parliament passed, that such order as the Lords' referees, or any 6 of them should make before the first of March than next following, and enroled in Chancery, should stand as an Act of Parliament, & bind the said p●rties, their heirs and successors for ever. 
Act in the Bish●ps R●s●●gry,  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 receipt thereof from the Lords, and his comm●nd to the Register to keep 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 thereupon, which are still of as much force as the other, and more beneficial to the clergy, being not extant in print, are hereafter added, taken out of authentic 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 counsel to Bi. Bonner among other instructions, when he was appointed to preach at Paul's cross, to cause the Citizens to pay their tithes better. Aug. 11. 3. Ed. 6. as appears in Fox his Monuments, fol. 1187. Vol. 2. Col. 2 Artic. 5. After this, about the middle of Q. Eliz. reign, the rents of Houses being enhanced, as the pric●s of all other things were, divers devices were found out, to prevent & defraud the Parsons of their tithe, 
* by reserving the vent under other na●es, as annual & quarterly fine●, du●ing the lease annuities, new-years gifts, interest moneys, rent for implements, and household stuff, & by double lea●es, & the like,  of which grievances they have often complained, and by these means are so many of the beneficies so poor, as we shall show cap. ult..   

CHAP. II. The liberal maintenance of the clergy of London, before the 25. of Hen. 8. by tithe of 3. s. 6. d. in the pound, according to the true value of houses, the cheapness of those times, conscientiousness in paying Pe●sonal tithes, duties of Weddings, Burials, Churchings, &c. Chauntries, obits, &c.  
we see then the nature of these payments. Now that it may appear how well the parochial clergy of London were provided, for in former times, in comparison of ours; we may consider these particulars.  
That the Citizens paid their tithes 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 be truly paid without fraud, that nothing is more o●jected, then that the Ministers would have too much, and be too rich; what think they of 3. s. 6. d. in the pound, which was duly paid, as will be made clear 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 tithe 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 down by unconscionable customs, 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 tithes 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 paid, though the fineness of the coin, 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. than would go farther, not only then 3 d. of our money (which it equalled in value) but farther than 1 s. now, as will appear if we look at the price of corn 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 beer, 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 beer and Ale should be sold in Cities and towns, according to the prices of Barley and oats two or three Gallons a penny, and in the Country three or four Gallons for a penny; whereas now, the ordinary price of wheat is four s. a quarter, and sometimes in dear years 3 l. or 4 l. a quarter, and beer and Ale sold at far greater prices; according to the prices of corn, we may conceive were the prices generally of other things, as Beeves, Muttons, &c.  
There is in the Exchequer a book called the Black book, 
See the new book of Assizes for bread, etc,  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 King's household from the time of Hen. 1. the Officers of the household reducing their victuals to an estimate of money, did value a measure of wheat to make bread for 100 men at 12 d. the carcase of a fat ox at 12 d. A fat sheep at 4▪ d. and for the provender of 20 horses 4 d. during the most part of the reign of that King Henry, a quarter of Wheat was sold for 12 d.  
After this, in the year 1299. when ●h●re was a great Dearth, by Act of Common Counsels 27. Ed. 1. these pr●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 lamb from Christmas to Shrovetid● 6. d. All the rest of the year 4. d. And in the year 1314. in 8. Ed. 2. to moderate the extreme Rates of all, these were appointed by Act of Parliament: A corn-fed ox 24. s. A fat stalled Cow 12. s. another 10. s. A grass-fed ox 16. s. A fat Mutton 14. d. A fat Goose 2. d. ob. A fat Capon 2. d. 24. Eggs 1 d. &c.  
After this, Anno 1379. in 3. Rich. 2. a bushel 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 year 1387. at Leicester, 100 quarters of barley were sold for 100 s.  
Anno 1554. And 22. Hen. 6. a quarter of wheat was sold for 12. d. or 14. ●. One farmer dwelling at Rosey town, 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 far higher than before, at the sergeant's Feasts at Ely House Anno 23. H. 8. (as Stow relates) great Beeves brought from the Shambles, were at 26 s. 8 d. a piece, the increase of an ox 24. s. a fat Mutton 2. s. 10. d. &c. and to come lower and nearer yet 10 Mariae a barrel of beer was sold for 6. d. Cask and all, and 4. great loaves 1. d. and 5●Mariae Anno 1557, a quarter of Wheat was sold for 5. s.  
According to which cheapness of the times, were all fees, wages, and salaries; a knight's fee or sufficient livelihood for a Knight was so much land as was worth 20. l. per annum, as cook 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 tells us that antiquity thought 400 marks per annum competent maintenance for a Baron and 400 l, per annum, ad sustinendum nomen & onus of an Earl, and of late time saith he 800 marks per annum was thought sufficient for a marquess, and 800 l. per annum for a Duke. See Cook upon Littleton, lib. 2. cap. 3. Sect. 95. and in later times 40. l. per annum, 
See Cook upon Littleton, ●● 2 cap, 3. Sect. 95.  was thought fufficient for a Knight, as appeareth by the Statute still in force, whereby the King may compel 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 book 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. 
* In a Leidger book of S●t Magn●s London for a lawyer's fee, and spent in wine at a meeting of the best of the Parish 8▪ d▪  All which fees we know are now much increased, and some 100 times doubled, yea the wages of the Scavenger or Kennell-●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 clergy of that city answerable to their Parishioners in ability, and as the Citizens were and are the wealthiest in the kingdom, so the clergy had their estates answerable. The Benefice of St. Magnus in London none of the greatest Parishes, yet as appears by the printed book of the Common customs of London, in this year 1494 which was in the 9 of Hen. 7. as it appears by the particulars, was in all 105 l. 1. s. 11. d. of which is as much or more than it is now in tithe, which sum in those times I dare affirm 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 vn●e●sonable.  
So then by this tithe out of Houses, the maintenance of the clergy of London was great in comparison of those times, when the labour is many times doubled; what was then required, but to say mass, which w●s an easy work, p●eaching was little used unless i● Lent or towar●s Easter, whereas now by Law or custom, besides all other Priestly duties, they must preach not quarterly or monthly, but weekly or oftener, or else be accounted dumb dogs, one Sermon requiring more pains and labour then the reading of 40. Masses, which required some pains of the tongue but little or no study of the brain at all.  
3. That besides the former tithe which was in some sort predial, they paid also personal tithes of their clear gains as appears by the award Bill above mentioned, 31. H. 6. and by the Decimary of St. Magnus, and by Lindwood in the place alleged, who disputes the case whether the Citizens were free from personal tithes, by paying these tithes of houses, and concludes negatively, all which personal tithes 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 Gad●rens beseech us all to depart their Coasts then put them to such charges, and considering the consciousness of those times, this revenue must needs be great, and would have amounted to more I dare say, than most of the Livings are at this day.  
That the people made great conscience of paying their tithes & all duties in those days, and so paid them truly and fully. Hence it was that in their wills and Testaments, something was always bequeathed to the Priest, or to the High Altar, which came to his use, in lieu of tithes pretermitted or forgotten, as may be seen in all old wills, whereas now so far some be from restitution, that when they are to leave the world, even than they take order in their wills to defeat their Ministers, as I have seen some Testaments, wherein to prevent the parson's tithe, the Testator hath bequeathed certain houses to be yearly let out at some small yearly rent, and the residue to be reserved in yearly fines for ever, which for what end it was done, any man may easily Judge.  
That besides tithes personal and praedial, there were many other duties, amounting to as much, and in some places to more than the tithe doth at this day, all which are now 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 certain time as appears by the Donnors wills yet extant, and always beneficial to the Parson of the Church, who was sometimes solely endowed, and sometimes with the Wardens, more of which Chantries there were in London, than anywhere else, where scarce any Church but had one, and some three or four.  
I could instance in some small Parish Churches in London, where the tithe 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 image of the Virgin Mary at St. Magnus by London Bridge was worth 4. marks per annum 9 Hen. 7. as appears by the Decimary aforesaid; How commonly were Masses then sold to deliver souls out of Purgatory, besides the four offering days, used all over the kingdom, 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 empty handed; but now men will come with the wise men to worship Christ, yet they are grown 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 bills which was put up in star-chamber by some Citizens, 25. Hen. 8. wherein though many impertinencies and untruths be alleged, yet we m●y out of their mouths convince those, who use to object the casual duti●s now taken, as great exactions, lately brought up, and not anciently practised.  

Duties anciently paid to the Parson or Curate for Weddings.  
Du●ies anciently p●id to the P●●s●n or Cu●ate for weddings.  1. There is laid upon the book after the custom. l. s. d. 0 0 8 2. In the two Tapers at mass. 0 0 2 3. In the Taper at the latter end of the mass going to the Font. 0 0 1 
These duti●s were not 〈◊〉 same in 〈◊〉 P●rishes, bu● d●●fe●ing acco●dign to the severa●l custom●s of seve●all P●ri●hes.  4. The whole offering at mass belongs to the Parson, unless 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 mass they pay 20. d. or 40. d. or 5. s. 0 5 0 6. For a Certificate when a man dwells in another Parish he pays 1. s. or 20. d. or 40. d. 0 3 4  

For Burials.  1. If the party be Buried understoole 1. s. or more, and every Priest in the Church 8. d. or more, else they do not sing him to his burial. 0 1 0 0 0 8 2. At every month mind years, 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 wax brought into the Church, with the corpse if they be under a pound.    4. All the branches of white wax if any be brought in with the corpse, 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 tithes 20. d. 40. d. 5. s. 20. s. 40. s. or more. 2 0 0 6. To the High Altar as much for personal tithe. 2 0 0 7. If any be buried out of his own Parish, the Coarse must be first presented in his own Church, 
The same duties when he is bu●●ed ou● of his own Parish.  and dirge and mass kept as amply, as in the place where it is buried.    8. For the burial in the chancel or High choir 10. s. or 13. s. 4. d. or 20. s. 1. 0 0  

For Churchings.  1. For every Sunday when the woman lies in for saying a gospel 1. d. or 2. d. 0 0 2 At the Purification of custom in the Taper 1. d. with the chrism and the whole o●fering by all the women at mass. 0 0 1 
1. bead-roll.  If any man would have his friends prayed for in the Bead-roll, the Curate hath by year for every one 4. d. or 8. d. l. s. d 0 0 8 
1. Ho●sell at Easter.  Of men's wives, children and apprentices for their Communions at Easter for every head. 0 0 2 
1. Tithes of Servants wa●ges.  Of all Servants that take wages, the 10. part of their wages for the privy tithes, and for their housel at Easter. 0 0 2 At all principal feasts, as Candlemas, 
1. Men's devotions on divers days.  All soul's day, Creeping on the cross, Good Friday, Easter day, in confessions at Lent, and other times of the year of the Patrons of the Church, divers offer some wax, some money, which comes to the parson's use.     l. s. d. Where a Saints Image stands without the choir, 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. 
Leases.  4 0 0  
These duties although the Citizens complained off in Starchamber, togetherwith the tithes, yet the Lords' referees as it seems, saw so little reason to alter any one of them, that although they abated the tithe to 2 s. 9 d. in the pound, yet they let those duties remain as they did.  
That the recovery of tithes was easy in those days, for Ordinaries were appointed in their Visitations to inquire of the detainers, and to curse the offenders; as appears by Pope Nicholas his Bull, and if any did sue, the cause was heard summarily, sine judicii strepitu, no such delays and chargeable suits as now, were then known, unless in some special case that concerned the whole City.  
All these things considered, show how liberally the clergy were then provided for; although they had not, nor could have the charge which many now have, being then by Law prohibited to marry, nor was their pains comparable to that which is now expected and required.  
But no● all is clean 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 city, take one house with another; as for personal tithes, they are things unknown, not only 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 twenty pay him tithes according to any rent, either old or new, but some small sum such as the Parson and he can agree upon.   

CHAP. III. The decimary 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 christenings, Weddings, &c. taken Anno 9 Hen. 7. and about that time printed.  
NOw that it may the better appear both what rents were paid about those Tithes, and also how the tithe and offering was paid accordingly; we have thought good to set down the decimary of St. Magnus, London, as is extant in the said book of Common customs; wherein every man's Rent then paid is set down, and withal the Tithe or offering which was paid exactly according to the said rate of three shillings six pence in the pound, one shilling 9 d. in the half pound, and 14. d. in the Noble, taken (as appears there in the year 1494.) which was in the 9 of Hen. 7. and about 40 years after the Bull: and published by a Citizen.  

The value and stint of of the Benefice of St. Magnus at London Bridge, yearly to their Parson.  
The Reckoning of the same the first day of December, Anno Domini 1494.  
 Rent. Tithe offering.  l. s. d. l. s. d. ED●. Bellow. 4 0 0 0 14 00 Hen: summer. 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 John Ball, 2 0 0 0 7 0 Henry Can. 2 13 4 0 9 4 James Rudston, 3 03 4 0 11 8 William Gardiner. 2 00 0 0 07 0 Roger maid, 5 00 0 0 17 6 Thomas Farning 2 06 8 00 08 2 Huntley, 2 13 4 00 09 4 John 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 John Hum●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 John Temple, 2 0 0 0 07 0 John Wilforde, 1 13 4 0 5 10 John 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 John 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 John Hasteler, 4 0 0 0 14 0 Richard Born, 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 Re●nald James, 1 0 0 0 3 6 William roaming, 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 James, 1 6 8 0 4 8 John Rolchant, 3 10 0 0 12 3 William weller, 1 10 0 0 5 3 John Ford, 1 6 8 0 4 8 John Adam, 1 6 8 0 4 8 William Blank, 1 10 0 0 5 3 John Ford, 1 6 8 0 4 8 John Adam, 1 6 8 0 4 8 William Blank, 1 10 0 0 5 3 John Browne, 1 6 8 0 4 8 — Holinby, 3 0 0 0 10 6 John Calker. 1 6 8 0 6 5 John Etton, 1 13 4 0 5 10 Simkin Mott, 2 6 8 0 8 2 Henry Sander, 1 13 4 0 5 10 John Slingsbie, 2 0 0 0 7 0 James 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: ●●uringfield, 2 0 0 0 7 0 William Grin, 4 10 0 0 15 9 John Has●ilar, 1 13 4 0 5 10 John Jarret, 4 00 0 0 14 0 Richard Clerke, 3 00 0 0 10. 6 Robert La●be, 5 6 8 0 18 8 Stephen We●●ou▪ 4 0 0 0 14 0 John, 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 John Farmar. 5 6 8 0 18 8 Kichard Jeffrey, 11 6 8 1 19 8 Thomas Elven, 6 13 4 1 3 4 Henry Bube, 3 6 8 0 11 8 John 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 John 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 William bar, 0 10 0 0 1 9 John Peirson, 0 10 0 0 1 9 John 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 flax shop. 01 0 0 0 3 6 John Pye, 0 13 4 0 2 4 Richard knit, 6 13 4 1 3 4 Richard Gough, 6 6 8 1 2 2 Richard Matthew, 3 6 8 0 11 8 Gregory Stot. 4 6 8 0 15 2 Alexand: Perpoint, 5 13 4 0 19 10 John Ben, 4 0 0 0 14 0 John Ben for a watering place. 0 10 0 0 01 6 The same for a Cellar, 0 6 8 0 01 2 John Trowth, 11 13 4 2 0 0 John Alman, 12 0 0 2 2 0 John Turk, 4 00 0 0 14 0 John Kirby, 16 00 0 2 16 0 Philip Se●er, 6 0 0 1 01 0 Ed. Garrard, 1 6 8 0 4 8 Thomas lion, 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 John Smith, 4 13 4 0 16 4 Justin Wife, 2 6 8 0 8 2 William Hop, 7 6 8 1 5 8 Richard Cockis. 3 6 8 0 11 8 sum of all the Rent is: l. s. d. 434 12 8. The sum 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 John 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, Tithe or Offerings.  l. s. d. l. s. d. John Palmer, 5 0 0 0 17 6 Thomas Gasley, 2 16 8 0 9 11 Riehard Cox, 4 3 4 0 14 7 John Austen, 4 0 0 0 14 0 ●●hn Turk, 3 13 4 0 12 10 John Sepman, 2 13 4 0 9 4 William Ramsely, 5 0 0 0 17 6 The same William, 2 6 8 0 11 8 Thomas Brooke. 6 0 0 0 18 8  
The sum of the Rent of the shops. l. s. d. 70 3 4. The sum of the Offerings for them. l. s. d. 12 3 4. Item, the parsonage valet. 2. 13. 4 Item, the Image of our Lady at the Bridge valet. l. s. d. 1. 13 4. weddings, burials, Puri●ications, Crysomes, and privy tithe. 12 13 4 Sum of this part. 17 00 00 Sum of the whole Revenues. 105 1 11 ●.   

These be the costs and charges belonging to the same Church of St. Magnus.  
 l. s. d. First, the priest's wages. 10 0 0 For wax to the high Altar. 01 0 0 For the pension of the same. 02 0 0 For washing of Altars on Monday, Thursday. 00 5 0 For frankincense. 00 10 0 Some of the charge 13 5 10 So the sum of the clear value of the Benefice was this year. 91 16 1 ½.   

In this rental of St. Magnus we may observe.  
1. That the Rents were not then kept secret or unknown, but notorious, and that the Rent and tithe still agreed together; whereas now scarce any one house in a Parish, pays tithes according to any Rent new or old, because the Rents are kept secret.  
2. That tithe was paid according to the full and extended Rents of those times▪ which were the true value of the houses, for we find rents of 8 l. x l. 11 l. 12 l. 16 l. per annum, which were as high rents as 80 l. 90. l. 100 l. are now, and divers shops let at 5 l. 6 l. 20 nobles, x l. which was without doubt, the utmost value in those times.  
That where the old sums were less than a Noble, they paid according to the proportion of 14 d. in the Noble; custom it seems prevailing therein, as Peter Scot's, hous●, whose rent is 4. l. 3. s. 4. d the offering was 14. ●. 7. d. where 7. d. is for the odd ten groats, and John Palme●s whose rent is 35. shillings, the offering 6 s. 1. d. ob. where for the 〈◊〉 pound is 3. s. 6. d. for the two Nobles 2 s. 4 d. and for the odd 20 d. 3 d. ob. which is all 6 s. 1. d. ob.  
4. That they paid tithe then for shops and all, as well as dwelling houses, though divided from dwelling houses, which many Citizens afterwards would have had exempted, as appears by a suit in the arches 32. Hen. 8. and many now exempt them under other names, calling their shops sheds, stalls, or standings.  
5. That privy tithes, and Duties for burials, Weddings, and Churchings were then paid, besides this 3 s. 6. d. in the pound, and therefor● are no new devices of the present Rectors, as some have said, for there we see, they come to a good sum, per annum, viz. 12. l. 13. s. 4. d. which alone would have maintained a Parson, as well then as 100 l. now, which few of the London livings are now worth.    

CHAP. IV. The award and Proclamation for the 2 s, 9 d. in the pound, 25. Henry 8. confirmed by Act of Parliament, 27. Hen. 8.  
HOw the tithe came from 3. s. 6. d. to 2. s. 9 d. in the pound, we showed in the first Chapter; now because the award and Proclamation there mentioned, are not extant in print, & yet are in force by Act of Parliament, 27. Hen. 8. I have thought fit to add them here.  

The copy of the King's Letters patents, wherein the award is recited and confirmed.  
HENRY by the grace of God King of England, and of France, defender of the Faith, and Lord of Ireland. To our trusty and well-beloved, the Major, Aldermen, and sheriffs of London, and to every of them greeting. Whereas variances between the Parsons and Curates of Our city of London, on the one party, and Our loving Subjects the Inhabitants of the same our City of the other party, for and concerning tithes, Oblations, and other Duties, hath long depended, indiscussed, and being lately compromitted by both of the said parties to the arbitrement of the most R●verend Father in GOD, Thomas Archbishop of Canterbury, Primate and Metropolitan of England, and to Our right trusty, and entirely beloved x, Sir Thomas Awdely Knight, Our Chancellor of England, and to Our right trusty and well-beloved Counsellor, the Bishop of Winchester, Thomas Cromwell Esquire, Master of Our jewels, and Our two chief justices of either Bench, who travelling herein, have taken this order to be kept, at this holy time of Easter.  
That is to say, That every our Subjects shall pay to the Parson or Curate where he inhabiteth, after the rate of two shillings nine pence in the pound, and sixteen pence ½ in the half pound, and so always ascending from half pound to half pound. And also that men's wives, their Servants, children, and Apprentices, taking and receiving the Holy Sacrament, shall pay every of them for their four offering days, two pence, and this to be done quietly and charitably without grudge, or murmur, at this holy time of Easter, till such time as our said Counsellors, shall finally and definitely end and determine the variance for this and all other causes depending between the said parties, as to Right, equity, and good Conscience shall appertain.  
We therefore will and command you, and every of you, to signify to all our loving Subjects in every Parish in our said city: That Our pleasure is, that they, and every of them shall obey, observe, and perform at the holy time of Easter, the order of the said counsellors in form above rehearsed, without contradiction hereof in any behalf, declaring to them that their so doing shall not turn, nor be alleged to their prejudice, hurt or damage, in and upon the final conclusion of all the said variances, to the definitive arbitrement whereof our said Counsellors intend (God willing) to proceed with all speed, and diligence, after the said Feast of Easter: And if any contemn the order of our said Counsellors in this behalf, we will then, if after honest monition, he refuse so to do, he be committed to ward safely to be kept, till Our further pleasure be known in this behalf, not failing this to do, as ye intend the advancement of justice and quietness of our people.  
In witness whereof, we have caused this Our Letters to be made patents. Witness ourself at Westminster the second day of April, the 25. year of Our reign.  
CAILLOR.  
Ex tract. per Robert. Michael. deput. Com. Cleric. Civitat. London.   

A Proclamation concerning payment of tithes and oblations, as well within the City of LONDON, or elsewhere within the realm.  
THE King's most excellent Majesty, having perfect knowledge, and understanding, that as well his loving Subjects, Citizens of the city of London of the one party, as the Parsons and curates of the churches of the said city of the other party, by their mutual assents, compromitted themselves to stand to, abide and perform, the Order, Decree, and arbitrement of his right trusty, and right entirely beloved Counsellors: The most reverend Father in God, Thomas Archbishop of Canterbury, Metropolitan and Primate of England, Thomas Awdeley Lord Chancellor of England. The Reverend Father in God, Steven Bishop of Winchester, Thomas Cromwell Esquire chief Secretary to the King's highness, and Mr. of the Rolls. John Fitz-Iames Knight, chief Justice of Pleas, to be holden before the King's highness, and Robert Norwich Knight, chief Justice of the Common ●ench, in and upon the debate, and variance that was moved between the said parties upon the Rule, and certainty of tithe offerings▪ and other duties claimed by the said Par●●n and curates to be paid by the King's said subjects, the Citizens of his said city. 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 tithes 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 always by ten shillings, should pay for every ten shillings, after the rate of 16 d. ob. and not above: And yet nevertheless, the King's highness is informed, that divers, and sundry persons which inhabit within his said City, not only refuse to pay the said tithes according as is limited by the said Counsellors; but also that many of the said Citizens, and of other the King's Subjects, inhabiting in sundry parts of this realm, grudged, and murmured, to pay their Tithe Offerings, and o●her lawful duties to the Parsons, Vicars, and others having cure of their souls, like as heretofore by the laudable customs of this realm they have done and been, accustomed to do and obs●inately, and wilfully withdraw and detain their said Duties against Justice, equity, Reason, and good Conscience, to the great peril of their souls.  
For Reformation whereof the Kings said royal Majesty being the supreme Head on Earth, under God of the Church of England minding and intending to maintain and sustain the Honour of GOD, and the Godly observances, and ●ightfull duties, customable, and by lawdab●● custom due to the ecclesiastical Ministers of t●e Church of ENGLAND, in as large and ample manner, as heretofore hath been laudable and honourably used within this realm.  
Doth therefore by his present Proclamation straightly charge and command, all and every his said Subjects of his said City, to satisfy, pay and content, their Parsons, Vicars, and others having cure of their souls, in the name and lieu of their tithes, after the rate above expressed, and limited by the King's said Counsellors. And tha● all such of his said city as pay less of ye●●●ly farm then ten s●illings, and all and every other person, and persons, men, women, or Children, which do inhabit the said City (being of age to receive the blessed Sacrament of the Altar, the erroneous doctrine of Transubstantiation was not then abolished; the very body of our Lord Jesus Christ) shall pay yearly for the four offering d●yes 2 d. (the householders inhabiting within the said city, paying above the yearly Rent of x s. only for their own perso●s excepted, and to be discharged of the 2. d. for the s●id four Offerings.) And over this, his highness straightly chargeth and comm●nds, That all and every other his subjects, in all other parts of this his realm, shall pay and content to the Parsons, Vicars, and other the Ministers of the Church, and having cure, such tithes, as well praedial; as personal offerings, and other duties, which by the lawdab●e customs of the realm, 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 behalf; upon pain that every person offending this his gracious Proclamation, is to have imprisonment, and to m●ke Fine at his gracious pleasure, and over, that the offenders shall run into his highness' disp●ea●u●e, ●nd indignation: And his majesty also ch●rges and commands, as well all and singular Archbishops, Bishops, and all others having ecclesiastical jurisdiction; as all a●d singular Majors, sheriffs, bailiffs, Aldermen, and all other his Ministers true liegemen and Subjects, as well of this city of London, as elsewhere within this realm, that they and every of them, put their effectual endeavours for the due execution of this his Proclamation from time to time, as to them shall appertain, upon the pains above rehearsed.  
God save the King.   

Thomas Berthelet Regius Impressor Excudebat. Cum Privilegio.  
The date of this Proclamation is not expressed, but it appears to have been presently upon the award in the same year of his reign: for it must needs be after the award which it r●cites, and confirms by the Act of Parliament in the 21 year, wherein it stands confirmed, it appears to have been before Easter, 1535. which was towards the la●ter end of the 25 year of his reign.  
In this award and Proclamation, only the qu●ntity of the tithe is altered from 3s. 6 d. to 2 s. 9 d. in all other things, the former customs 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 ecclesiastical judge, as certainly they were, the same course was to be observed still, as appears by the suits and sentences in the arches, here mentioned before.    

CHAP. V. Concerning the meaning of the Decree of 37. Hen. 8. that tithe is due according to improved Rent, if reserved by that name of Rent, granted by the City counsel. The case of double Leases, annual Fynes, Arguments on both sides. Answers to the Legality, and convenience of paying according to improved rent: A brief survey 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 clergy, in the late suit 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 clear▪ and without controversy.  
1. It is granted by counsel learned of all sides, that whatsoever some bold Ignaroes' talk of old Rents: that if a greater rent be reserved at any time by the name of Rent upon any house, than the old Rent, that then tithe ought to be paid according to two shillings 9 pence in the Pound, according to the improved rent, though the rent be the full value of the House. This appears by divers Orders, made by the Lord's Majors themselves; wherein tithe hath been decreed, according to the full improved rent, reserved by name of rent.  
2. It is granted likewise by counsel, That if an improved Rent be reserved by the Owner or Inheritor of the House, that his Act shall charge the House with Tithe accordingly for ever, though less Rent be reserved afterwards by fines or frauds, or any other devices, unless the house come to be lesser worth in true yearly value.  
3. They grant likewise, That if a Lessee shall let out his house in part or in whole at a full Rent by the name of Rent, though afterwards he let the same out for less rent by reason of Fines, or double Leases, yet the Tithe shall be paid according to the highest rent, during the time or term of years which the said chief Lessee hath in his house.  
1. Cases controverted, are chiefly these; where the old Rent is still continued without increase, by reason of Fynes really paid before hand; whither the tithe shall be paid according to the true value of the house or of the old Rent.  
2. When the old rent is only reserved by the name of Rent, and the improvement is and hath always been reserved by other names, as Fynes, Annuities, new-year's gifts, &c. to be yearly and quarterly paid, as the Rent is, and to begin and end with the Lease, done purposely to prevent their parson's tithes, whither those payments be Rents as to the payment of tithes, and according to the true intent of the Decree.  
Whither the jurisdiction ecclesiastical be quite taken away by the Decree, and the Major be made sole Judge, or whither it remain in the same state it was before the said De●ree.  
The first of these I will not insist upon, bec●use there are few such instances to be found without a●y augmentations of Rents, by fines really paid; The most of the frauds, and practices having been invented since the increase of rents, and therefore I 〈◊〉 that over and shall only propound 〈◊〉 A●guments about the two latter 〈…〉 I shall not take upon me to 〈…〉 thing, but submit all to the 〈◊〉 of the learned professors of the 〈◊〉.  
That 〈◊〉 annual payments, are rents, 
The Case.  and l●●bl● to tithes, as when one lets a House for 1●. ●. supp●sed to be the accustomed re●t, and reserves 50. l. more by Covenant as ● year●ly fine, to begin and end with the le●●●, and to be paid at the same days of p●yment with the r●nt, that this is a rent and ly●ble to the payment of tithes may be proved.  
1 From the usu●ll acception of the word in cō●on speac●, which agrees with the etymology (redditus a reddendo or reditus a redeund●) If a man do but let out his money he calls 〈◊〉 interest rent. If one ask one that holds such a lease i● question what rent he pays, h● s●it● he sits at a dear rent reckoning all the ye●rely payments; and therefore when the L●nd ●ord and tenant agree, th●y agree for so mu●● rent, till the lease come to be m●de by the S●rive●er: who tells them they mu●t take some course, to prevent the Parson, who will else claim his tithes after the full rent, and yet some, even after such leases made give acquittances for all in the name of Rent; Now here the civil Law saith, Communis usus loquendi praevalet rigori & significationi Verborum, and the Common Law attributes much to Common speech 39 Edw. 3.11. Sir Moil Finches Case, Col. 6.63, &c.  
2. Legally, properly, and even in the construction of the Common Law it is a Rent; It is none indeed of Littleton's Rents, nor rent change, nor rent seck, nor rent service, it issues not out of the soil, no distress c●n be taken, descends not to the heir, nor is incident to the reversion, entry of the lessor doth not suspend it, &c.  
All this is granted, but yet many things go under the name of Rent, ●ven legally, and properly which are none of Littleton's rents.  
I grant you 20. l. during your life to be taken of my person, without charging of my land: This is a rent as appears by the Registers, the most fundamental book of Common Law, and by the original writs, which being the ground of suits are most accurate and curious in names Register, fol. 159. The writ of annuity. Rex vic. sal. precipe A quod juste reddat. B. 20. libraes quae ei aretro sunt de annuo reditu 20. solidorum here an annuity is called rent.  
Fitzherbert nat Br. 152. speaks of a rent Issant horse de coffers 29. Hen. 6.12. Margery Parke●s case, Royne grant a lui un annuell rent de 20. l. pour terme de vie a recever, de quadam pecuniae summa assignata, in partem dotis ipsius Reginae de magna Custuma London. 1. Henry 6. we read of a rent reserved upon a chattel personal, a flock of sheep and such like, and yet in all these cases, you may say, No distress, no assize, no action of debt till the term be ended & all nothing to the purpose, See 30. ass. plo. 5. shared 14. Edw. 3. scire facias 122. Co. 5. signior Mount joys Case.  
But must every Statute that speaks of rent extend to those rents; 
Object.  
Answer.  No Statutes must be taken Secundum subjectam materiam, for such a rent as this is, 
Sr R. Ct.  not within 32. Hen. 8. of leases by tenant in tail, nor of 1. Eliz. leases by Bishops, nor of 13. Eliz. leases by Deans and Chapters, for as it is said, Coo. 8.60. Bishop Farnius case, those Statutes look to the benefit of the heir or their successor, and therefore must be intended of a rent incident to the Reversion, and issuing out of a thing Maynorable; but in our case the Statute looks to the benefit of a stranger; the Parson to whom it is not material what rent it is, so it be a yearly p●yment.  
3. Though it were no rent in the Common law, yet without all doubt it is in the ecclesiastical Law, according to which it must be here expounded.  
4. That it is a Rent in that Law is manifest Pensio quae provenit domo vel habitatione, & redditus praedialis. Lindwood, fol. 109, and in the enlishing of the Constitutions above mentioned, Annua Pensio domus, is rendered Rent, payment, price, pension, farm in the old book of customs. Now that in matters ecclesiastical, the Common Law judgeth according to the ecclesiastical law is certain, for even in special Courts of Common Law it judgeth as those Courts would. In matters customary it altereth the Common Law to fit them to the custom, quia dominus remisit Curiam.  
The Statute 31. Hen. 3. Cap. 3. when a man dies intestate, the Ordinary shall depute the next and most lawful friends of the person dying, intestate to administer his goods. Now by goods at the Common Law are not meant leases for years, Wardship, Prochyn, avoidance 4. Edw. 6. Br▪ grants. 51. If i make you a deed of gift of all my goods Omnia bona mea, you shall have none of these, yet it was always taken Sans Contradiction; That the Ordinary may by thes● words grant administration of leases. And if an administration of goods be granted without more words, Wray said 22. Eliz. such an administration hath power to deal with leases for years, because the spiritual Law so takes the word Bona by which we are to judge. But this is our case, for now in like manner the spiritual Law under Rent includes this annual payment, and Ergo the Judges are to take it so.  
5. That it must needs be a Rent within the intent, and true meaning of this decree appears.  
1. It was made for the maintenance of the clergy, and so pro bono Ecclesiae, and consequently ●or the maintenance of Religion and service of God: How Summa est ratio quae pro Religione facit.  
2. It was made to suppress fraud and covyn, it is spoken of through all the branches of the decree.  
Now the civil law saith, Dolis & fraudibus omnibus modis occurrendum, then specially such frauds as this, for Statutes of such a nature, ●re extended by equity beyond the word, and therefore well may the word here be taken so far as Common speech d●●h extend them: for this favour the Judges have ever extended even to Statutes most penal, for words must stoop to meaning, not meaning to words, and yet this decree must be extended in equity even beyond what the words will bear in Common sense in some Cases.  
The Register and Fitz-herbert Nat. Br. fol. 152. tells us of Redditus Robae, and like. Now suppose a man make a lease of a House in London, reserving so many furs so many Robes shall not the Parson have his tithes of every 10 s. value, a man makes a lease, and the Lessee covenants in the same Indenture to pay for it 10 s. yearly and this without intent to defraud the Parson. Beestons' Case Plowden 131.2. doubts whither this be rent, and the prior of Bingham's Case is vouched that it is no rent fol. 136.2. But is there any doubt, but this is a rent within the Decree.  
Or if one make a lease of a house and the Lessee grants him a yearly fine during the term, and if it be behind he shall distrain for it.  
This is no rent but an annuity and the clause of distress only a penalty. Butts Case Coo. 7.23.2. yet no doubt the tithe is due to the Parson.  
This Decree comes instead of that provision formerly made for tithes in London, and not by enlarging, but by way of diminution, taking from the clergy 9 d. in the pound which they had before, and therefore ought to be taken strictly against them, and larg●ly for them.  
4. Without all question the meaning of the Decree was that the rates therein expressed should be paid as the rates formerly in use were paid before the decree; for though there was made an alteration of the rates, 3. s. 6. d. made 2. s. 9 d. yet it was never intended, but that the manner of payment should continue, and therefore rent in the decree must be tak●n as it was formerly taken by constitution or custom, before the Decree which was for any kind of payment, as is manifest for the practice of former times, appears by the names then used, viz. rent, pensions, payment, price: in the book of customs, it is called rent or farm in the Proclamation confirmed by Act of Parliament, 27. Hen. 8. The Citizens never paid according to any fixed rents, but as the Rent improved, so did the tithe: as appears by Arundels constitution, declaring that if the rent were above 4. d. the old Rent of some house in those times, than they should pay to whatsoever sum it arose, by the Bull ordaining to pay Secundum verum valorem pro quo domus Secundum veram existimationem locari poterit, by the award 31. Hen. 6. wherein Houses let out or kept by the owners were to pay after a common value, by the Decimary of St. Magnus in the book of customs, 7. Henry 7. wherein they pay after the full Rents, some 10. pounds, some 16. l. which was as high a rent then as one hundred pounds now; By the Bill in star-chamber, 25. Henry 8. wherein the city sets out that the rents of houses were enhansed and doubled, and that they paid tithe after the enhansed Rents, and that divers new houses were built in void grounds, and some newly repaired, and that they paid tithe for them as for other houses, which they would not have done, had they been as wise as men are now. And in all former controversies about tithes, even in those which occasioned the decrees of 25. and 37. Henry 8. there was no question made at all about the Rent, for which the tithe was to be paid but about the quantity, how much in the pound, and therefore the occasion of the decree being only to settle that, it could never intend to alter other things which were not at all in question, for such leases and Fines were never paid before the Decree, nor many years after.  

Decree in the Exchequer, for the true value in Ivats case. 16 Iac.  
4. By a Decree in the Exchequer Pasch. 16. Iac. the Barons declare that they conceived the meaning to be that Tithes should be paid according to the true value, as the houses are worth to be let per annum.  
5. The practice of the ecclesiastical Courts, is such, that divers sentences have been given for payment, according to the true value, whether the annual payment were called Fine or Rent.  
6. The Decree provides, that where more rent is reserved, for implements of brewing, dying, &c. a third penny shall be abated, and where less rent is reserved, by ruin, fire, or any other casualties, there shall be abatement of tithe accordingly, and therefore it must needs be meant; that in other Cases the house should p●y according to the value.  
Those annual payments are not Fines in common sp●ech, nor accordi●g to a●cie●t use, and there●ore could n●ver be intended to be exempted from tithes, for as there were few Fines anciently, so usually they were, some small sum which the Less●r had been at, for reparation, which the Tenant was to pay at his coming in, but now by Fine they reserve the whole value of the house, besides in common speech, a Fine is a sum paid before hand and therefore called an income, & so in this Decree, is called a Fine paid before hand, and in some places a gross sum, the rent being paid in many sums afterwards; whereas in these practices, the Fine and rent differ not but in name, and by as good reason, the Country-m●n that called his pig's puppies, might refuse to pay his tithe pig, because puppies are not Titheable, besides the reason why Fines are p●id, is either to furnish the Landlord with ready money, or to ease the tenant by bringing down the Rent, or to secure the Rent to the Landlord, by a Fine paid before hand: None of which reasons are of any use here, so that the only cause is the parson's tithe, and therefore no such Leases are known in any partof the kingdom besides.  
The increase of Rent is either because the house is greater, or fitter for a greater family, or because Trading increaseth, and Rent riseth, in both which cases, all reason requires that the Tithe should increase. For by the first, the Parson hath a greater charge of souls. By the second, the Parishioner is better able to give, his gains 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 means, shall stand at a stay for ever, though all means of livelihood grow ten times dearer, hereby the 9 parts shall increase to the owner, and not the tenth part to the Parson, &c.  
10. These practices were resolved by all the Reverend Bishops under their hands, and by both the Universities, Anno 1620. to be utterly unlawful in point of conscience.  
There can be no fraud here by the common law, 
Object against the legality.  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 only, that where no rent, or less than was wont is reserved, the tithe shall be paid according to the rent, for which it was last let.  
The ground of this is false, 
Answ,  that there can be no fraud, but where the party hath a present right: This is against as many Acts of Parliament almost as speak of fraud instance M●rlebe cap. 6. De his q●i primogenitos, &c. of those that enfeose their heirs within Age to defraud the Lords of their Wardships, the statute saith not, that shall hereafter enfeoff, but Qui feof●re solent, so here was a fraud by common law before the statute though not made void, and so penal 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 tenant that made the feoffment. 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 grows 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 tithe must follow the rent, and if that be uncertain, then is the tithe 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 annual payment to be no ●en●, which the Decree saith is a Rent, and so Titheable, so fraus in authorem redit, and so fraud is out of doors, besides the substance or body of the Decree is the first clause, and the question rests, whither this annual payment be a rent within that clause of the Decree, which if it be, the branch following nihil operatur fraud, or no fraud, within that branch is not material.  
By the Decrees and Acts of 27. & 37. Hen. 8. a new duty is created, for no tithes were paid before, but oblations only, for the Churches of London had nothing but oblations and obventions, and therefore the tithes being only by source of those statutes the words must be expounded not according to former practices, but according to the common Law.  
This is clearly otherwise, for these payments are not tithes more now then heretofore, nor less heretofore then now. For though two ●hillings nine pence be more than a tenth part, yet it is called a tithe, and so was the three shillings six 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 alleged cap. 1. they are paid in lieu of predial Tithes of houses, and recompense of want of glebes, referring himself to the constitution of Roger Niger, then extant: in divers suits and sentences in the Courts ecclesiastical, they are called Decimae, in a libel 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 the Acts of common Counsel, 19 H 8. It is said the Bull confirmed by that Court, 14. Ed. 4. was concerning tithes and Oblations, so in the suit in Starchamber, 25. Hen. 8. they are called tithes, and the witnesses depose for 40 50.60. years, these payments were paid sometimes quarterly, sometimes at Easter, by the name of oblations, or tithes, so that the custom of offering upon each several day was left off, and the payments made yearly or quarterly long before, 25. Hen. 8. so that it is certain, 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 only the quantity made less, 
Object. 3. vide p. vlt.  as appears by what is formerly said.  
But there is a clause in the decree, that where less than 2. s. 9 d. for every 20 s. rent hath been accustomed to be paid for tithes, 
Objections  there such tithe shall be paid only, as hath been accustomed.  
This clause is by some expounded of St. Martin le grand which is in the city, 
Answ.  but not of the city, and the out Parishes which pay 2 s. in the pound by custom, but this cannot be, for those places are not within the decree (Which extends only to the liberties of the city) and therefore 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 custom pretended to pay only after the rate of 2. s. in the pound, as appears by thee citizens bill in Starchamber. 25. H. 8. wherein they name som● such places within the city, and by the major's precept upon the order then made, directed to every Ward, wherein it is expressed, that such as paid only 2. s. in the pound, should pay no more. Now though this were pretended by the city in that Bill, yet it appears by the depositions their proof came short herein, and therefore the makers of the Decree, do not specify this rate of two shillings in the pound, but do only in the general say, that where less than 2. s. 9 d. was accustomed to be paid, less should be paid, leaving them which alleged the said custom 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 sum, nor was any such custom ever yet proved (though often alleged) and whosoever will prove any, must prove a custom of paying after such a rate, before the 37. of Hen. 8 which at this day is impossible for any to do, it follows there, that this proviso is of no use now in the Decre●, nor can it any way bene●it any of the city in this case, nor indeed could any man in any suit yet make use thereof.  
The livings in London would be too great, Parsons would be all Bishops, some worth 2000 l. per annum, if tithes were paid according to improved Rents.  
It is unjust to detain any man's right, though it would make him never so rich: Would any rich man think it fit 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 beggars.  
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 concern not the 97. Parishes within the walls where few new buildings can be raised, & if the tithes were paid according to the vtmo●t value there would be within the Wals.  
1. Eight Benefices not worth above 100 marks or 100 l. per annum.  
2. Not above 3. within the walls 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 tithes were thus paid it would be.  
1. No more than Livings of the like value in the King's books in the Country, for some are at 60. l. some at 70. divers at 40. l. and 30. l. and few less than 20. l.  
2. Nor so great as where there is like number of Inhabitants of far less ability in the Country, where some Farmer not worth 500 l. p●yes more tithe than 20. of the best houses in London.  
3. Nor near so great as before the Decree when yet they could not have such charges being to live single, and their pains not comparable to preaching now used, the bare tithe 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 tithe is not above 84. l. and stands in the King's books taxed at above 69. l. besides 40. s. in Pensions.  
4. Nor should the clergy 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 half the Parsons in London.  
2. For the Parishes without the walls by reason of new building they are swollen 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. Andrew's 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 than those in the least Parishes in London, so that there would be no greater burden to any particular man by the parson's benefit.  
5. The Parsons in those Parishes are at more charge and pains, and must keep two. or 3. assistants.  
3. Thirdly, the desires of the present clergy for increase 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 several Parishes, we may observe these particulars.  
1. There are 30. Parishes within the walls wherein they desired not that the whole tithe should exceed 100 l. per annum, and in most of those Parishes less 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 walls, wherein was desired 300. l. per annum, nor above 3. more where in was desired 200 l. per annum or upwards in tithe.  
3. The whole tithe demanded in all the rest of the Parishes within the walls was between 100 l. and 200 pounds per annum.  
4. Even in the greatest Parishes without the walls there was not above 100 l. per annum desired in any, above that which is now paid, which yet is no more than some small Parishes within the walls have allowed for a yearly Lecture.  
These demands were all they desired the tithe should be raised unto, and that no greater sum should be paid▪ provided that their successors might not hereby be concluded or shut up, but that upon the variation of times some way might be open upon just cause for such alteration of the rates, as the King and State should think fit.  

Object.  The Livings are competent already and some of late improved.  

Answer.  The Competency will appear by a general survey of their present estate, viz.  
1. There be 20. Livings within the walls under 40. l. per annum, and some of them 20. l. some 30 l. in tithes.  
2. There is but one within the walls worth 100 l. or upward in tithes.  
3. There are not above 20. that exceed 70. l. per annum, whereof few arise to 100 l. all the rest within the walls are within 40▪ l. and 70 l. per annum.  
All without the walls and within the Liberties are apppropriate but two.  
The casual profits are not equal to the yearly charge issuing out by tenths, Pensions, procurations, &c. and wherein some few Livings there is a little glebe which was in the most part of the Parsonage-House divided and let out, there are about 20. Livings that have not so much as a dwelling House.    

CHAP. VI. The second Case concerning ecclesiastical jurisdiction for tithes in London. That the Lord major's power is not exclusive to the Ordinaries, but only accumulative.  
THat the ecclesiastical Jurisdiction concerning tithes in London is not taken away by any of the Decrees, or Acts of Parliament, but remains in statu quo prius.  
1. It is granted, that before 37. Hen. 8. the Jurisdiction remained, nor was any new duty of tithe 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 ecclesiastical, unless some negative words be added, as not otherwise, nor in other manner, &c. as cook in Cawdries case, who saith, It is the general rule in all their books, 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 virtue of that compromise can bind the Ordinary or take away his Jurisdiction; for the Act of Parliament saith only, it ●hall bind the said parties, viz. Curates, and Citizens, and their heirs and successors, but mentions not the Ordinary.  
3 The original Decree was delivered by the Lords to the Bishop of London, to be kept in his Registry, and in the time of King Edward 6. the Lords of the counsel whereof some were makers of the Decree, gave order to the Bishop of London in the King's name, 
Acts and Monuments, v●l, 2. fol. 1187. Col. 2. artic● 5.  to cause the Citizens to p●y their tithes, which he could not do without Jurisdiction.  
4. Pro●ibitions were never granted anciently in the time of Queen Eliz. upon such suggestions, as they are granted for in the Country, Circa metas & bound●s, and Circa modum decimandi, &c.  
5. Though the jurisdiction were quite taken away, yet it is restored again 1.2, Ph. and Mary Cap. 8. towards the end, which sets the Bishops in the same State for jurisdiction and cognizance of causes, as they were before 20. Hen. 8. and if any say that Statute is repealed 1. Eliz. cap. 1. I answer not wholly but in part, ●or this clause stands confirmed by general words, viz. That all Acts and clauses of any Statute repe●ted by that of 1. & 2. Ph. & Mary. and not revi●ed by that of 1. Eliz. shall stand still repealed, and therefore if that part of the Decree which takes from the jurisdiction ecclesiastical, were repealed by 1. and 2. Ph. & Mar. then it stands repealed still, & by the same clause is that of 1. Edw. 6. cap. 2. concerning Bishops sending process in the King's name, and under his seal repe●led, or else it's not repealed to this day, for though it were repealed in 1. Mariae, 2. chap. yet that Act 1. Mariae is repealed again by 1. Ia●o●i 25.  
6▪ Besides tithes in their o●ne nature are originally of Eccle●iasticall cognizance, and so whatsoever comes in the name of tithe, except by special words it be otherwise determined (which is not here) remains of ecclesiastical cognisances. 7. In the Exchequer, 16. Jack. Ivalts case, it was over ruled, against the defendants plea of the Lord mayor's being to be Judge.  
That notwithstanding that Court had knowledge, the impropriation being held in fee-farm of the King, and upon this ground, that the major's power was not exclusive to any other Jurisdiction, but only accumulative.  
7. Lastly, it appears by what was said before Cap. 1. That before this Decree the Ordinaries jurisdiction, was not in question, for that the City put up a Bill in Parliament, 35, Henry 8. that none might sue for tithes anywhere, but in the spiritual Courts or by action of debt at the Common law, which shows it was never intended nor desired that the Ordinary should be divested of his power.  

Objec●.  It is objected that the Major is the only Judge named in the Decree, and the tithes herein mentioned are not nor can be claimed by any other Law then by this Decree, and therefore cannot be sued for before any other Judge, than such as the Decree directs unto.  

Answer.  This Argument takes that for granted, which is utterly denied, viz. That the tithes in London are grounded only upon the Decree of 37. Hen. 8. as if there were no other Law now in force which is apparently an error; for this Decree doth not abrogate nor nullify any other Law formerly enforce, further than where it was contrary to this.  
Now it is certain that 2. s. 9 d. in the pound, was due by laws in force before this Decree, viz. by the Award and Proclamation in 25. Hen. 8. confirmed by Act of Parliament, 27. Hen. 8. The force of which Award and Proclamation, and Act were no ways nullified by this Decree, but were only confirmed and explained thereby, in some things then doubtful, so that they were then and are still in force; and therefore seeing that by them the Ordinaries power was not extinct as is clear and granted by all; it is as clear that there is nothing in this Act to extinguish it, for the Major had power by the Statute of 25. H. 8. as well as by this of 37. Henry 8. and there are no negative words in this more than in that.  
Yea, not only are the Award and Proclamation of 27. Hen. 8. and Act of Parliament of 27. Hen. 8. still in force, but also the Constitution of Roger Niger and Archbishop Arundel, with the award made in 32. Hen. 6. and other laws then in use, are all as may be probably concluded at this day in force, viz. so far as they are not contrary to the Act and Decree of 37. Hen. 8. for if they were abrogated, I would gladly know when and by whom. In the 25. H. 8. they were not nor by the Statute of 27. Henry 8. for then only the quantity was al●ered from 3. s. 6. d. to 2. s. 9 d. and in all other things the payment was left to the former laws and Constitutions and customs according to which the controversies were determined arising after that time, as appears by the sentences still remaining on Record, and in the 37. Hen. 8. there is nothing abrogates any of them further than when they are contrary to what was then decreed, and therefore it is probably thought by some that for non payment the Major Excom. is now incurred ipso facto according to Arundels Constitution, and that none ought to be absolved without payment Nisi in articulo mortis, as is there set down, and certain it is, that if this last Decree were quite abrogate, the clergy might have as good Law for their tithes as they have now.  
Further I answer, that though the Ordinary had no Jurisdiction formerly, yet the very nature of tithes here decreed gives him jurisdiction, unless negative words had been added.  
It is further said, that the nature of these payments is altered by this Decree, oblations are made tithes, and though formerly the Ordinary had power, whilst they had the name of Oblations, yet now another judge being mentioned, and the Oblations become tithes the Case is altered.  
This is clearly refuted by the precedent history, 
Answer.  whereby it is manifest that neither the name, nor the nature was altered by this Decree. The Proclamation appoints 2. s. 9 d. to be paid for tithes, and 2. d. at Easter for oblation or offering.  
So the Award 25. Hen. 8. and so most of the precedent Acts style them tithes, and long before not only this last Decree, but before 25. Hen. 8. yea before the time of Henry 8. the payment on several offering days was disused, and the whole paid in one or 4. entire payments by the name of tithes, and yet it is most certain that then the Ordinary had this Jurisdiction, and that solely.  
But it seems these two jurisdictions of the Ordinary and Lord Major cannot both stand by the Letter of the Decree, for by the Decree, 
Object:  if any difference arise-upon complaint of the party grieved, the Major may make an end, and force 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 o●ey his sentence, h●re it will be doubtful to whom obedience must be given, and so the one jurisdiction must destroy the other.  

Answer.  i 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 than his due, the Citizen may withhold payment, and so long i hope he is not grieved by the Ministers demand.  
If it be said, he is grieved when he is sued in the spiritual Court, i answer, that this grievance cannot be here meant, because first, the party must be grieved with some thing mentioned in the Decree, which this is not; and secondly, the grievance must be such as the Lord Major can help or remedy, but this he cannot; for he never did, nor can stay the proceeding in any spiritual Court, nor ever used any compulsive power against any Minister, but against the attorney only, according to the words of the Statute 27 Hen. 8.  
Secondly, i answer by propounding the like question. The Exchequer hath power to determine matters of tithe in London where the Living is impropriate and held in fee-farm of the King, as hath been often adjudged, especially in Ivats Case, 16. Jacob. Now suppose that Court and the Major make contrary Decrees, which of them must be obeyed, or how can the words of the Statute be made good for the Lord major's power. Here I know it will be 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 only gathered by consequence; because that Court had jurisdiction before the Decree, which Jurisdiction is not taken away by the Decree, and if so, than the very same answer do i give for the spiritual Court which is superior to the Majors in matters of tithes, and had power before him many hundred years in this Case, so that he ought not to meddle with matters there depending.  
But Statutes and Acts of Parliament must be expounded by judges at Common Law? 
Object. 4●   
This makes nothing to the question; 
Answ. 1.  for first the Lord Major is none of those Judges, and secondly, this proves only that the Judges may prohibit the spiritual Court if it proceed contrary to the true meaning of the Decree; but if it proceed according to the true sense of it, than it may proceed otherwise.  
No Ordinary could hold out plea for tithes in the country, because there are Statutes made for all tithes in the time of Henry 8. and Edward 6. which yet we know they did, and may do lawfully, and are never prohibited but upon suggestion, that they proceed contrary to the meaning of those Statutes and customs, which the judges conceive they only are to interpret.   
FINIS.   

Errata graviora.  
Page 5, line 20. for could, read would.  
Page 6. l 6. dele of. and in Marg. for i●tituled, r. impri●ted.  
Page ibid. line 7. for l●st, read L●st.  
Page ibid. line 30▪ for vent, read 〈◊〉.  
Page ●2, line ult. for i●●rease, read c●●c●ss●.  
Page 13, line 4, for four, read forty.  
Page 14, line 19 del●of. Page 15, line 15, dele Bill.  
Page ibid. line 25. for 〈◊〉, read conscientiousness.  
Page 20, line 22, for of, read 〈◊〉.  
Page 24, line 9, col. 2, for 0. l. 8, ●. d. read 1. l. 〈…〉  
Page 21, in the Marg. for 9, read 6.