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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A37445	The parson's counsellor with the law of tithes or tithing in two books : the first sheweth the order every parson, vicar, &c. ought to observe in obtaining a spiritual preferment, and what duties are incumbent upon him ... : the second shews in what manner all sorts of tithes, offerings, mortuaries, and other church-duties are to be paid ... / written by Sir Simon Degge, Kt.	Degge, Simon, Sir, 1612-1704.	1676 (1676)	Wing D852; ESTC R8884	170,893	368

The Parson or Vicar are not by this Act barred of any Legacy given or offering to be made to them 9. No Mortuary to be paid in Wales Callis or Barwick or in the Marches of Wales but where accustomed 10. It is provided that the four Welch Bishops and the Arch-Deacon of Chester may notwithstanding this Act take their accustomed Mortuaries 11. That where less hath accustomably been taken for Mortuaries than is limited by the Act there no more than is due by the Custom shall be taken Sir Edward Coke is of opinion that there were no Mortuaries due before this Act 2 Inst 491⸫ Mortuaries due only by Custom by any Law but by Custom only by reason of the words in the Statute of Circumspecte Agatis which are ubi mortuarium dari consuevit c. This duty was formerly only suable for in the Court Christian but now I conceive an Action of debt will lye at Common Law upon this Statute for though this Statute is only negative that they shall not take above such rates yet it implies affirmative as the Statute of 2 E. 6. for barren Grounds and the Statute for the Sheriff's Fees and dues other Statutes For those Mortuaries that Prelates antiently paid to the Kings of this Realm Mortuaries to the King by Bishops I shall not trouble the Reader with but refer those that are curious to inform themselves to Sir Edward Coke's Commentary upon Magna Charta 2 Inst 491. In the Tenth of H. 4. 10 H. 4. 1. b⸪ A Vicar claimed a Mortuary by Custom and not by the Canon or any other Law quod nota These Mortuaries are in some places called coarse presents Their names or coarse presentees as Doctor Cowel says because where due they used to pay before the Coarse was buried when it was brought to be buried The Bishop of Chester claimed by Custom upon the death of any Priest Cro. Car. 237 238. Bishop of Chester his demand as Archdeacon of Chester dying within the Archdeaconry of Chester for a Mortuary his best Horse or Mare Saddle Bridle and Spurs his best Gown a Cloak his upper Garment next it his best Hat his Tipper his best Signet or Ring and this Custom was denyed by the Plaintiff in a Prohibition but what the Success was I have not heard but the Mortuaries due to the ARchdeacon of Chester are excepted And the Bishop of Chester holds that Archdeaconry as I have been informed in the nature of a Commendam and executes it by a Deputy CHAP. XXV The Five and Twentieth Chapter shews how Tithes are to be paid in London THE Livelyhood of the Clergy in London Tithes in London how to be paid I mean the secular Clergy consisted heretofore chiefly in voluntary offerings and Personal Tithes which little differ from voluntary offerings For though a great Doctor tells us that In praecipuis festivitatibus tenetur quis offerre Hostiensis c. Omnis Christianus cogi potest maxime cum sit quasi generalis consuetudo ubique terrarum c. And if you ask him which are those Feasts at which the People are bound to offer Idem de Paroc Sect. In quibus c. he tells you Dies dominicos dies festivos But there being no Canon or Law that prescribes any certainty in the quantity value or things to be offered I can give them no properer name than voluntary or free-will offerings But no sooner was Popery abolished in this Nation but these voluntary offerings and personal Tithes soon came to little And notwithstanding it was enacted by the Statute of 2 E. 6. That all that by Law or Custom were bound to make their offerings should thenceforth pay them to the Parson c. yet that did not much amend the matter so that the maintainance of the secular Clergy in London was brought to a very low ebb there being no Tithe as hath been said chargeable upon houses unless by way of a modus decimandi whereupon the Clergy of London in the 37th Stat. 37 H. 8. c. 12. year of the Reign of King H. 8. made their application to the Parliament and obtained an Act of Parliament for the confirming a Decree made by the Archbishop of Canterbury and divers other great Lords of the Kingdom to settle the matter the effect whereof follows which is printed amongst the other Acts of Parliament 1. The Decree That the Citizens of London from thenceforth for ever should pay yearly without fraud or guil to their Parsons c. for the time being for every ten shillings rent of all houses shops warehouses cellars and stables within the said City of London and the Liberties of the same 16 d. ob and for every 20 s. rent 2 s. 9 d. and so ascending for every ten shillings rent 2. That if any dwelling houses shops c. should be leased by fraud or covin reserving less Rent than hath been accustomed or shall by reason of Fine or by fraud or covin make any Lease without reserving any Rent then the Farmer or Tenant shall pay after the same Rate the said house c. was last let for without Covin but note that if the house c. be let at as great a Rent as the same was set at at the time of the making of the said Statute then no fraud can be averred although a Fine or In-come was given for the said Lease 3. 2 Inst 659. That if a house c. be leased and no Rent at all reserved then such house c. shall pay such rate as the same was let for at the time of the making of the said Statute but where greater Rent is reserved it is to pay according to the best improved value But where Houses had been always held by the Owners 2 Inst 660⸫ and by consequence no Rent paid that is casus omissus in this Statute and such houses will be freed of payment of Tithes by this Law But if it were a house that yielded Rent at the time of the making of the Decree and be now let without Rent it shall pay Tithe according to the Rate it was set for at the making of the Decree although no Fine at all were paid for such Lease 5. The Tithes upon this Decree cannot be sued for in the Ecclesiastical Court because the Act it self declares how they shall be recovered 6. That if the Owners held the houses themselves then they shall pay Tithe after the rate the same were set for at the time of the Decree 7. That if any person take any house c. by Lease and he and his Executors c. live in part of it and set out part the principal Farmer or Taker his Executors c. shall pay their Tithes for his and their Parts after the rate aforesaid and of such part as is farmed out according to the rate it is set at And in the same manner Tithes are to be paid where one takes a Lease

spent upon their Rectories and Church-Livings And they are quit of Pontage Murage and other like charges Pontage Murage and if they be distrained for any of these they may have a Writ out of the Chancery as aforesaid made of Course without petition or motion made under the great Seal of England directed to the party that distrains or disturbs them for any of these things commanding them to desist and if such Writ be not obayed the Cursitor of Course will make out an alias and pluries and if none of those will be obeyed an Attachment to arrest the party and detain him till he obey Regist 260. a. Fn. b. 227. f. and this Writ is called a Writ De essendi quietum de Toloneo which you may see in the Register or in the natura brevium They are not bound to appear or do suit at the Sheriff's Turn or any Leet or Law day Not bound to appear at Leets and Sheriffs Turns Regist Or. 175. a. Fn. b. 160. C. and if they shall be distrained so to do they may have a Writ of Course in the Chancery directed to the Lord of the Leet commanding him to forbear distraining them for any such Cause with like process as in the last for his contempt And by the Statute of circumspecte Agatis it is enacted Stat. 13. E. 2 Inst 491 492 493. De violenta etiam manuum injectione in clericum in causa defamationis placitum tenebitur in Curia Christianitatis dummodo ad correctionem peccati agatur non petatur pecunia And if a Clergy-Man have Lands Regist or 187. b. Fn. b. 175. b. Not to be Bayliffs Reaves c. by the tenure of which he is subject to be Bayliff Reave or Beadle and be chosen into any such Office by reason thereof he has a Cursitory writ out of the Chancery to discharge himself Beg. or 188. a⸫ F.n. b. 176. a. Must not be disturbed by C●llector of Tenths So if the Sheriff or Collector of the Tenths or Fifteens will disturb them in the Lands belonging to their Churches c. they may have the like Writ for their discharge and like Process for disobeying of it ut supra Antiently if a Clergy-Man had been convicted of any Murder Robery Burglary c. The Priviledg of Clergy in criminal Cases he was upon the demand of his Ordinary to be delivered over to him where he was to make his Purgation according to the Rules of the Ecclesiastical Laws and if he cleared himself he was acquit * Lindwood cap. Clerici pro suis criminibus detent gloss verb. pro convictis West 1 c. 2. Marleb c. 27. 25 E. 3. cap. 4 and 5. 4 H. 4. c. 3. without any regard to his Conviction at Common Law but if they adjudged him guilty then he was to be degraded and kept in Prison and this was confirmed to them by several Acts of Parliament But this priviledg was never allowed to them in this Kingdom in Treason petit Treason or Sacriledg And a Delinquent might have had his Clergy ad infinitum till the Stat. 4 H. 7. cap. 13. of 4 H. 7. And though this priviledg of the Clergy be taken totally away in many Cases by several Statutes and in other Cases Lay men have it in Common with the Clergy if they can read as a Clergy-Man and though the delivery of them over to the Ordinary be totally abolished yet the Clergy that are in Holy Orders at this day retain some of their antient priviledges which the Lay-Men are not capable of For if a Clerk in Holy Orders be convicted that is found guilty by the Petit Jury of a Crime for which the benefit of the Clergy is allowable at this day he shall not upon the allowance thereof be burned in the hand as a Lay-Man shall upon the producing of his Orders and if he have not them with him the Court may ex gratia give him time to produce them till any other Assise or Sessions And a Clerk in Holy Orders at this day shall have his Clergy ad infinitum from time to time which no Lay-Man can have above once The goods of Clergy-Men were by several Statutes exempted and freed from the King's purveyance St. 3 E. 3. c. 1. 14 E. 3. c. 1. 18 E. 3. c. 4. 1 B. 2. c. 3. but his Majesty having by Act of Parliament graciously released this Duty Purveyance the Laity hath the same priviledg A Clergy-Man shall not be amerced the higher in respect of his Church Living or Benefice 2 Inst 627. Not amercied for the Church-land Regist ov 289. F.N.B. 29. No Execution upon the goods of the Church Nor shall any execution be executed upon the goods of his Church nor any distress taken in the antient Fee thereof but otherwise it is of Lands of late purchase and if he fear any such thing he may have a Protection in Chancery cum clausula Quia nolumus If an Action of Trespass Debt Account 2 Inst 4. No Capias against a Clerk or other Action wherein Process of Capias lies be brought against a Clerk in Holy Orders and the Sheriff upon the Original return that the Defendant is Clerious Beneficiatus nullam habens Laicum feodum ubi summoniri potest in this Case the Plaintiff cannot have a Capias to arrest his body but a Writ to the Bishop to compel him to appear And note that all the Priviledges of the Church of England are confirmed by the Antient and good Statute of Magna Charta Priviledge of the Clergy confirmed by several Parliaments And so they were for the most part at the opening of every other Parliament after till the beginning of the Reign of H. 5. How it began then to be discontinued by the negligence of the Clergy or for what other cause I know not And so having thus briefly mentioned many of the priviledges of the Clergy Conclusion whereof the Common Law takes notice and to which they have right at this day by the Laws and Statutes of this Realm I shall not only conclude this Chapter but the first Part of this Discourse with Gloria Deo Omnipotenti Amen FINIS THE Second Part BEING THE LAW OF TITHES or TITHING Shewing in what manner all manner of Tithes Offerings Mortuaries and all other Church Duties are to be paid and in what Courts and manner they may be recovered and to what charges they are Subject With many other things fit for all People but especially all Clergy-men to know Written by Sir SYMON DEGGE Kt. LONDON Printed Anno Domini MDCLXXVI To his Worthy and Reverend Son in Law Mr. Anthony Trollop Rector of Norbury in Derbyshire Dear Son IT is now above thirty years since the Tithing Table published many years agoe came to my hand and upon perusal thereof finding that the Common Laws and Canon-Laws differed in many things I thought it would be a Work grateful to the