Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Reasons for passing this Act.
22 Car. II. c. 11.
Whereas the Tythes in the City of London were leavyed and paid with great Inequality and are since the late dreadfull Fire there in the rebuilding of the same by takeing away of some Houses, altering the Foundations of many and the [new (fn. 1) ] erecting of others soe disordered that in case they should not for the time to come be reduced to a certainty many Controversies and Suits of Law might thence arise Bee it enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spirituall and Temporall and the Commons in this present Parlyament assembled and by the authoritie of the same That the Annuall certaine Tythes of all and every Parish and Parishes within the said Citty of London and the Libertyes thereof whose Churches have beene demolished, or in part consumed by the late Fire, and which said Parishes by vertue of an Act of this present Parlyament entituled An Additionall Act for the rebuilding of the Citty of London, uniteing of Parishes and rebuilding of the Cathedrall and Parochiall Churches within the said Citty. remaine and continue single as heretofore they were or are by the said Act annexed or united into one Parish respectively, shall be as followeth (That is to say) The annuall certaine Tythes or Summe of Money in lieu of Tythes.
|Of the Parish of Alhallowes [Lumber (fn. 2) ] streete One hundred and ten pounds||cxl|
|Of Saint Bartholomew Exchange One hundred pounds.||cl|
|Of Saint Bridget alias Brides One hundred and twenty pounds.||cxxl|
|Of Saint Bennet Finck One hundred Pounds||cl|
|Of Saint Michaell Crooked lane One hundred pounds||cl|
|Of Saint Christopher One hundred and twenty pounds||cxxl|
|Of Saint Dionis Back church One hundred and twenty pounds||cxxl|
|Of Saint Dunstan in the East Two hundred pounds||ccl|
|Of Saint James Garlicke hythe One hundred pounds||cl|
|Of Saint Michaell Cornhill One hundred and forty pounds||cxll|
|Of Saint Michaell Bassishaw One hundred thirty and two pounds and eleaven shillings.||cxxxijl xjl|
|Of Saint Margaret Lothbury One hundred pounds||Cl|
|Of Saint Mary Aldermanbury One hundred and fifty pounds||cll|
|Of Saint Martin Ludgate One hundred and sixty pounds.||clxl|
|Of Saint Peter Cornhill One hundred and ten pounds||cxl|
|Of Saint Stephen Coleman streete One hundred and ten pounds||cxl|
|Of Saint Sepulchre Two hundred Pounds||ccl|
|Of Allhallowes Bread streete and Saint John Evangelish One hundred and forty pounds||cxll|
|Of Alhallowes the Great and Alhallowes the Lesse Two hundred pounds.||ccl|
|Of Saint Albanes Woodstreete and Saint Olaves Silver Streete One hundred and seaventy pounds.||Clxxl|
|Of Saint Anne and Agnes and [St. (fn. 1) ] John Zachary One hundred and forty pounds.||cxll|
|Of Saint Augustine and Saint Faith One hundred seaventy and two pounds.||clxxijl|
|Of Saint Andrew Wardrobe and Saint Anne Blacke Fryers One hundred and forty pounds.||cxll|
|Of Saint Antholin and Saint John Baptist One hundred and twenty pounds.||cxxl|
|Of Saint Bennet Grace Church and Saint Leonard Eastcheape One hundred and forty pounds.||cxll|
|Of Saint Bennet Pauls-Wharfe and Saint Peter Pauls Wharfe One hundred pounds.||cl|
|Of Christ Church and Saint Leonard Foster lane Two hundred pounds.||ccl|
|Of Saint Edmond the King and Saint Nicholas [Acows (fn. 3) ] One hundred and eighty pounds.||clxxxl|
|Of Saint George Buttolph lane and Saint Buttolph Billingsgate One hundred and eighty pounds.||clxxxl|
|Of Saint Lawrence Jury and Saint Magdalen Milke streete One hundred and twenty pounds.||cxxl|
|Of Saint Magnus and Saint Margaret New Fish streete One hundred and seaventy pounds.||clxxl|
|Of Saint Michaell Royall and Saint Martin Vintry One hundred and forty pounds.||cxll|
|Of Saint Mathew Friday streete and Saint Peter Cheape One hundred and fifty pounds.||cll|
|Of Saint Margaret Pattons and Saint Gabriell Fen Church One hundred and twenty pounds.||cxxl|
|Of Saint Mary at Hill and Saint Andrew Hubbard Two hundred pounds.||ccl|
|Of Saint Mary Woolnoth and Saint Mary Woolchurch One hundred and sixty pounds.||clxl|
|Of Saint Clement Eastcheape and Saint Martin Orgars One hundred and forty pounds.||cxll|
|Of Saint Mary Abchurch and Saint Lawrence Pountney One hundred and twenty pounds.||cxxl|
|Of Saint Mary Aldermary and Saint Thomas Apostles One hundred and fifty pounds.||cll|
|Of Saint Mary le Bow, Saint Pancras Soper lane and Alhallowes Honey lane Two hundred pounds.||cc.l|
|Of Saint Mildred Poultrey and Saint Mary Cole Church One hundred and seaventy pounds.||clxxl|
|Of Saint Michaell Woodstreete and Saint Mary Staining One hundred pounds.||cl|
|Of Saint Mildred Bread streete and Saint Margaret Moses One hundred and thirty pounds.||cxxxl|
|Of Saint Michaell Queene hyth and Trinity One hundred and sixty pounds.||clxl|
|Of Saint Magdalen Old Fish streete and Saint Gregory One hundred and twenty pounds.||cxxl|
|Of Saint Mary Somerset and Saint Mary Mounthaw One hundred and ten pounds.||cxl|
|Of Saint Nicholas Cole Abbey and Saint Nicholas Olaves One hundred and thirty pounds.||cxxxl|
|Of Saint Olave Jury and Saint Martin Ironmonger-lane One hundred and twenty pounds||cxxl|
|Of Saint Stephen Walbrooke and Saint Bennet Sheerehog One hundred pounds||c.l|
|Of Saint Swithin and Saint Mary Bothaw One hundred and forty pounds.||cxll|
|Of Saint Vedast alias Fosters and Saint Michaell Querne One hundred and sixty pounds||clxl|
The said Rate in lieu of Tithes to be paid to Parsons and their Successors.
Which respective Summes of Money to be paid in liew of Tythes within the said respective Parishes and assessed as herein after is directed shall be and continue to be esteemed deemed and taken to all intents and purposes to be the respective certaine Annuall Maintenance (over and above Glebes and Perquisites Gifts and Bequests to the respective Parson Vicar and Curate of any Parish for the time being, or to his or their respective Successors or to other persons for his or their use) of the said respective Parsons, Vicars and Curates, who shall be legally instituted, inducted and admitted into the respective Parishes aforesaid.
II. Who to make the Assessments, and when.
Assessments to be made upon Houses, Shops, Ground unbuilt on, &c.; Proviso for Parsonage Houses, &c.
And that the said severall Summes of Money for Tythes may be more equally assessed upon the severall Houses Buildings and all other Hereditaments whatsoever within all the said respective Parishes Bee it enacted by the authoritie aforesaid That the Alderman of such respective Ward or Wards within the said Citty, wherein any of the said Parishes respectively lye, and his or their Deputy or Deputyes, and the Coo[m]mon councell men of such respective Ward or Wards with the Churchwardens and one or more [of the (fn. 4) ] Parishioners of such respective Parish wherein the Maintenance aforesaid is respectively to be assessed, to be nominated by such respective Aldermen, Deputy, Common councell men and Churchwardens or any five of them, whereof the Alderman or his Deputy to be one, shall at some convenient and seasonable time before the twentyeth day of May in the yeare of our Lord [God (fn. 4) ] One thousand six hundred and seaventy one, assemble and meete together [at (fn. 5) ] some convenient place within every of the respective Parishes in such respective Ward wherein the Maintenance aforesaid is to be assessed, And they or the major part of them soe assembled shall proportionably assesse upon all Houses, Shopps, Warehouses and Cellars, Wharfes, Keyes, Cranes, Waterhouses (which Waterhouses shall pay in their respective Parishes where they stand and not elsewhere) and Tofts of Ground (remaining unbuilt) and all other Hereditaments whatsoever (except Parsonage and Vicarage Houses) the whole respective Summe by this Act appointed, or soe much of it as is more then what each Impropriator is by this Act enjoyned respectively to allow, in the most equall way that the said Assessors according to the best of their Judgements can make it; which said Assessments shall be made and finished before the fower and twentyeth day of July then next ensueing.
III. Variance arising upon the Assessments to be determined by Lord Mayor and Court of Aldermen.
And bee it further enacted by the authority aforesaid That if any variance or doubt shall happen to arise about any Summe soe assessed as aforesaid, or that any Parishioner or Parishioners or Owner or Owners of any House, Shopp, Warehouse or Cellar, Wharfe, Key, Crane, Waterhouse, Toft of Ground or other Hereditament within any of the said Parishes shall finde himselfe or themselves agreived by the assessing of any Summte or Summes of money in manner and forme aforesaid That then upon complaint made by the party or partyes agreived to the Lord Maior and Court of Aldermen of the said Citty, within fowerteene dayes after notice given to the party or partyes assessed of such Assesment made. the said Lord Maior and Court of Aldermen summoning aswell the party or partyes agreived, as the Alderman and such others as made the said Assesment shall heare and determine the same in a summary way, and the Judgement by them given shall be finall and without Appeale.
IV. A Review, if Occasion be, of any Assessment within Three Months.
[Provided alwayes and bee it enacted That any Assesment or Rate to be made or laid by vertue of this Act shall or may in all or any the Parishes aforesaid in like manner be reveiwed or altred or laid againe within three Moneths after the twenty fowerth day of June One thousand six hundred and seaventy fower according to the aforesaid Rules and any such Assesment or Rate shall or may be againe reviewed or reassesed within three Moneths after the twenty fourth day of June in the yeare of our Lord One thousand six hundred eighty one, And that all and every such new Assesment and Rate shall be lyable to the like Appeals as aforesaid, and shall be collected leavyed and paid as any other Assesment or Rate mentioned in this Act may or ought to be. (fn. 6) ]
V. If the Persons appointed by this Act refuse to act, then others to be chosen by the Lord Mayor, &c.
And if the said Alderman, Deputy, Common councell men and Parishioner or Parishioners soe appointed as aforesaid shall after summons and requests made in that behalfe unto them by the Lord Maior and Court of Aldermen, or the Incumbent or Incumbents of any the said respective Parish or Parishes refuse and negclect to meete and make such Assesment as aforesaid then it shall and may be lawfull to and for such person or persons as shall be thereunto authorized and required by the said Lord Maior and Court of Aldermen to make such Assesment as by the said Aldermen Deputy Common Councell-men Churchwardens, Parishioner or Parishioners aforesaid should or ought to have beene made.
VI. Three Transcripts of Assessments to be made and subscribed by Assessors;
One to be returned to Lord Mayor, another to Bishop of London's Registry, the other to remain in the Vestry.
And bee it further enacted by the authority aforesaid That the said Assessors within ten dayes after such Assesments made, and the respective Appeales (if any be) determined shall make three Transcripts thereof in Parchment containing the respective Summes to be payable or appointed to be paid out of all and every the Premisses within such respective Parish and subscribe the same under their Hands and within twenty dayes after such Subscription as aforesaid, one of the said Transcripts shall be returned to the Lord Maior of the Citty of London to be kept and preserved by the said Lord Maior in and among the Records of the said Citty for a perpetuall memoriall thereof; And another of the said Transcripts shall be returned into the Registry of the Lord Bishop of London to be kept and preserved as aforesaid, And the other of the said Transcripts shall remaine and be kept in the Vestry of such respective [Parish (fn. 4) ] for a perpetuall memoriall as aforesaid.
VII. Assessments to be paid Quarterly to Parson.
Payment to commence from Incumbent officiating.
And for the surer and better payment of the said respective Summes of Money soe to be assessed and taxed towards the raiseing of the said Maintenance of the respective Parsons, Vicars and Curates of the said respective Parishes as aforesaid Bee it further enacted by the authority aforesaid That all and every such respective Summe and Summes of Money soe to be assessed and taxed as aforesaid towards the raiseing of the said Maintenance of the said respective Parsons Vicars and Curates of the said respective Parishes shall be paid to the said respective Parsons, Vicars and Curates and their Successors respectively at the fower most usuall Feasts (that is to say) at the Annunciation of the Blessed Virgin Mary, the Nativity of Saint John Baptist, the Feast of Saint Michaell the Arch Angell and the Nativity of our Blessed Saviour, or within fowerteene dayes after each of the Feasts aforesaid by equall payments; the respective payments thereof to beginne and commence onely from such time and times as the Incumbent or Incumbents of such respective Parish shall beginne to officiate or preach as Incumbent or Parson in the respective Church belonging to such respective Parish, or in some other convenient place or places in such respective Parish or Parishes to be nominated or appointed by the Lord Bishop of London for the time being, or by the Archbishop of Canterbury in any place within his peculiars.
VIII. Impropriators to make the same Allowances they did before the Fire.
And in any Parish or Parishes where any Impropriations be Bee it enacted by the authority aforesaid That all and every the Impropriator or Impropriators of any of the said Parishes shall pay and allow what really and bona fide they have used and ought to pay and satisfye to the respective Incumbent of such respective Parish at any time before the said late Fire, and the same shall be esteemed and computed as part of the maintenance of such Incumbent, notwithstanding this Act or any Clause or Matter or thing therein contained.
IX. Inhabitants refusing Payment,
being lawfully demanded at the House, &c.; Lord Mayor may grant Warrant to levy the same by Distress.
And bee it further enacted by the authority aforesaid That if any the Inhabitants in any the respective Parish or Parishes as aforesaid shall or doe refuse or negclect to pay to the respective Incumbents aforesaid of any of the said respective Parishes any Summe or Summes of Moneys to him respectively payable or appointed to be paid by this Act or any part thereof contrary to the true intent and meaning of this Act (being lawfully demanded at the House or Houses, Wharfe, Key, Crane, Cellar or other pp[re]misses whereout the same is payable) that then it shall and may be lawfull to and for the Lord Maior of the Citty of London for the time being upon Oath to be made before him of such refusall or negclect to give and grant out Warrants for the Officer or person appointed to collect the same with the assistance of a Constable in the day time to leavy the same Tythes or Summes of Money soe due, and in arreare and unpaid, by Distresse and Sale of the Goods of the party or partyes soe refuseing or negclecting to pay, restoreing to the Owner or Owners the Overplus of such Goods over and above the said Arreares of the said Moneys soe due and unpaid, and the reasonable [Charge (fn. 7) ] of makeing such Distresse, which he is to deduct out of the Moneys raised by Sale of such Goods.
X. If Lord Mayor refuse, &c. to execute this Act, Lord Chancellor or Keeper or Two Barons of the Exchequer may, by Warrants under their Hands and Seals, appoint Officers, &c. to levy by Distress, &c.
Provided alwayes and bee it enacted That in case the Lord Maior or Court of Aldermen shall refuse or negclect to execute any of the respective powers to them by this Act granted, or to performe all and every such thing relateing either to the assessing or leavying of the respective Summes aforesaid as they are by this Act authorized and required to performe, That then it shall and may be lawfull for the Lord Chauncellour or Lord Keeper of the Great Seale of England [for the time being (fn. 8) ] or any two or more of the Barons of his Majestyes Court of Exchequer by Warrant or Warrants under his or their respective Hands and Seales to doe and performe what the said Lord Maior and Court of Aldermen according to the true intent and meaning of this present Act might or ought to have done, and by such Warrant either to impower any person or persons to make the respective Assesments as aforesaid, or to authorize the respective Officers or persons appointed to collect the Summes aforesaid to leavy the same by Distresse and Sale of the Goods of any person or persons that shall refuse or negclect to pay the same in manner and forme aforesaid.
XI. Proviso for Incumbents of united Parishes.
Provided alwayes and bee it enacted That where any of the Parishes within the said Citty have since the late Fire by Death or otherwise become vacant, the surviveing or remaining Incumbent of ( (fn. 9) ) the other Parish thereto united, or therewith consolidated shall have and enjoy, and have like remedy to recover the Tythes hereby setled to be paid as if he had beene actually presented, admitted, instituted and inducted into both the said Parishes since the Union and Consolidation thereof.
XII. No Court to hold Plea for any Duty arising upon this Act, other than herein mentioned.
Provided alwayes That noe Court or Judge Ecclesiasticall or Temporall shall hold Plea of, or for any the Summe or Summes of Money due and oweing, or to be paid by vertue of this Act or any part thereof other then the persons hereby authorized to have Cognizance thereof. Nor shall it be lawfull to or for any Parson, Vicar, Curate or Incumbent to convent or sue any person or persons assessed as aforesaid, and refuseing or negclecting to pay the same in any Court or Courts or before any Judge or Judges other then what are authorized and appointed by this Act for the heareing and determineing of the same in manner aforesaid.
XIII. Proviso for Minor Canons of St. Pauls, Parson of St. Gregory's Church, as to Tithes, &c.
Provided alwayes That it shall and may be lawfull to and for the Warden and Minor Canons of Saint Pauls Church London, Parson and Proprietors of the Rectory of Saint Gregory aforesaid to receive and enjoy all Tythes, Oblations and Dutyes ariseing or growing due within the said Parish in as large and beneficiall manner as formerly they have, or lawfully might have done. Any thing herein to the contrary notwithstanding.