"II. As touching the payment of tithes in the City of London, and the Cro. El. 276. liberties of the same, it is fully ordered and decreed by the most Reverend 1 Cro. 596. Father in God, Thomas Archbishop of Canterbury, Primate and Metropolitane of England, Thomas Lord Wryothesly, Lord Chancellor of England, William Lord St. John, President of the King's Majesty's Council, and Lord great Master of his Highness's Household, John Lord Russell, Lord Privy Seal, Edward Earl of Hertford, Lord great Chamberlain of England, John Vicount Lisle, High Admiral of England, Richard Lister, Knight, Chief Justice of England, and Roger Cholmely, Knight, Chief Baron of his Grace's Exchequer, this present twenty-fourth day of February, Anno Domini, secundum cursum et computationem Ecclesiæ Anglicanæ, millesimo quingentesimo quadragesimo quinto, according to the statute in such case lately provided; (2) that the citizens and inhabitants of the said City of London and liberties of the same, for the time being, shall yearly without fraud or covin for ever pay their tithes to the parsons, vicars and curates of Parsons, vicars, the said city, and their successors for the time being, after the rate here- curates, after following, that is to wit, of every x s. rent by the year of all and tithes. every house and houses, shops, warehouses, cellars, stables, and every of them within the said city and liberty of the same, xvj d. ob. (3) And every of xx. s. rent by the year of all and every such house and houses, shops, warehouses, cellars and stables, and every of them within the said city and liberties, ij s. and ix d. And so above the rent of xx s. by the year, ascending from x s. to x s. according to the rate aforesaid. Par. 659. "III. Item, That where any lease is or shall be made of any dwelling Co. Inst. 2 house or houses, shops, warehouses, cellars or stables, or any of them, by fraud or covin, reserving less rent than hath been accustomed, or is, or that any such lease shall be made without any rent reserved upon the same, by reason of any fine or income paid beforehand, or by any other fraud or covin; that then in every such case the tenant or farmer, tenants and farmers thereof shall pay, for his or their tithes of the same after the rate aforesaid, according to the quality of such rent or rents, as the same house or houses, shops, warehouses, cellars or stables, or any of them were last letten for, without fraud or covin, before the making of such lease. "IV. Item, That every owner or owners, inheritor or inheritors of any dwelling house or houses, shops, warehouses, cellars or stables, or any of them, within the said city and liberties, inhabiting or occupying the same himself, or themselves, shall pay after such rate or tithes as is abovesaid, after the quantity of such yearly rent as the same was last letten for, without fraud or covin. "V. Item, If any person or persons have taken, or hereafter shall take Leases. any mease or mansion place by lease, and the taker or takers thereof, his 37 Hen. VIII. c. 12. or their executors or assigns, doth or shall inhabit in any part thereof, and have or hath within eight years last past before this Order, or hereafter will or shall let out the residue of the same; that then in such case the principal farmer or farmers, or first taker or takers thereof, his or their executors or assigns, shall pay his or their tithes after the rate aforesaid, according to his or their quantity therein, and that his or their executors, assignee or assignees, shall pay his or their tithes after the rate abovesaid, according to the quantity of their rent by year. "VI. And that if any person or persons have, or shall take divers mansion houses, shops, warehouses, cellars or stables, in one lease, and letteth or shall let out one or more of the said houses, and keepeth or shall keep one or more in his or their own hands, and inhabiteth or inhabit in the same; that then the said taker or takers, and his and their executors or assigns shall pay his or their tithes after the rate abovesaid, according to the quantity of the yearly rent of such mansion house or houses, retained in his or their hands; and that his assignee or assignees of the residue of the said mansion house or houses, shall pay his or their tithes after the rate abovesaid, according to the quantity of their yearly rents. "VII. Item, If such farmer or farmers, or his or their assigns of any mansion house or houses, warehouses, shops, cellars or stables, hath at any time within eight years last past, or shall hereafter, let over all the said mansion house or houses contained in his or their lease, to one person or to divers persons; that then the inhabitants, lessees or occupiers of them, and every of them, shall pay their tithes after the rate of such rents as the inhabitants, lessees or occupiers, and their assignee or assignees have been or shall be charged withal, without fraud or covin. "VIII. Item, If any dwelling house, within eight years last past, was or hereafter shall be converted into a warehouse, store-house, or such like, or if a warehouse, store-house, or such like, within the said eight years, was or hereafter shall be converted into a dwelling house; that then the occupiers thereof shall pay tithes for the same, after the rate above declared of mansion house rents. "IX. Item, That where any person shall demise any dye-house or brewhouse, with implements convenient and necessary for dying or brewing, reserving a rent upon the same, as well in respect of such implements, as in respect of such dye-house or brew-house; that then the tenant shall pay his tithes after such rate as is above said, the third peny abated. (2) And that every principal house or houses, with key or wharf, having any crane or gibet belonging to the same, shall pay after the like rate of their rents, as is aforesaid, the third peny abated; (3) and that other wharfs belonging to houses having no crane or gibet, shall pay for his tithes as shall be paid for mansion houses, in form aforesaid. "X. Item, That where any mansion house with a shop, stable, ware house, wharf with crane, timber-yard, teinter-yard, or garden belonging to the same, or as parcel of the same, is or shall be occupied together, that if the same be hereafter severed or divided, or at any time within eight years last past were severed or divided; that then the farmer or farmers, occupier or occupiers thereof, shall pay such tithes as is abovesaid, for such shops, stable, warehouses, wharf with crane, timber-yard, teinter-yard or garden aforesaid, so severed or divided, after the rate of their several rents thereupon reserved. "XI. Item, That the said citizens and inhabitants shall pay their tithes quarterly, that is to say, at the feast of Easter, the nativity of St. John Baptist, the feast of St. Michael the Archangel, and the nativity of our Lord, by even portions. "XII. Item, That every householder paying ten shillings rent or above, shall, for him or herself, be discharged of their four offering-days. But his wife, children, servant, or others of their family, taking the rights of the Church at Easter, shall pay two pence for their four offering-days yearly. "XIII. Provided always, and it is decreed, That if any house or houses which hath been or hereafter shall be letten for ten shillings rent by year, or more, be or hath at any time within eight years last passed, or hereafter shall be, divided and leased into small parcels or members, yielding less yearly rent than ten shillings by the year; that then the owner or owners, if he or they dwell in any part of such house, or else the principal lessee and lessees, if the owner or owners do not dwell in some part of the same, shall from henceforth pay for his or their tithes after such rate of rent as the same house was accustomed to be letten for, before such division or dividing into parts or members: (2) And the under farmer and farmers, lessee and lessees, to be discharged of all tithes for such small parcels, parts or members, rented at less yearly rent than ten shillings by year without fraud or covin, paying two pence yearly for four offering-days. "XIV. Provided alway, and it is decreed, That for such gardens as appertain not to any mansion hou-e, and which any person or persons holdeth or shall hold in his or their hands for pleasure, or to his own use; that the then person so holding the same, shall pay no tithes for the same. But if any person or persons, which holdeth, or shall hold any such garden, containing half an acre or more, doth or shall make any yearly profit thereof by way of sale; that then he or they shall pay tithes for the same, after such rate of his rent, as is herein first above specified. "XV. Provided also, That if any such gardens now being of the quantity of half an acre, or more, be hereafter by fraud or covin divided into less quantity or quantities, then to pay tithe according to the rate above said. "XVI. Provided alway, That this Decree shall not extend to the houses of great men, or noble men, or noble women, kept in their own hands, and 37 Hen. VIII. c. 12. 37 Hen. VIII. c. 12. not letten for any rent, which in times past hath paid no tithes, so long as they shall so continue unletten: (2) Nor to any halls of crafts or companies, so long as they be kept unletten, so that the same halls in times past have not used to pay any tithes. "XVII. Provided always, and it is decreed, That this present Order and Decree shall not in any wise extend to bind or charge any sheds, stables, cellars, timber-yards, ne teinter-yards, which were never parcel of any dwelling house, ne appertaining or belonging to any dwelling house, ne bave been accustomed to pay any tithes ; but that the said citizens and inhabitants shall thereof be quit of payment of any tithes, as it hath been used and accustomed. "XVIII. Provided also, and it is decreed, That where less sum than after sixteen pence halfpeny in the ten shillings rent, or less sum than two shillings nine pence in the twenty shillings rent, hath been accustomed to be paid for tithes ; that then in such places the said citizens and inhabitants shall pay but only after such rate as hath been accustomed. "XIX. Item, It is also decreed, That if any variance, controversy or strife, do or shall hereafter arise in the said city for non-payment of any tithes; or if any variance or doubt arise upon the true knowledge or division of any rent or tithes, within the liberties of the said city, or of any extent or assessment thereof, or if any doubt arise upon any other thing contained within this Decree; that then upon complaint made by the party grieved, to the Mayor of the City of London for the time being, the said mayor by the advice of council, shall call the said parties before him, and make a final end in the same, with costs to be awarded by the discretion of the said mayor and his assistants, according to the intent and purport of this present Decree. "XX. And if the said mayor make not an end thereof within two months after complaint to him made, or if any of the said parties find themselves aggrieved, that then the Lord Chancellor of England for the time being, upon complaint to him made within three months then next following, shall make an end in the same, with such cos's to be awarded as shall be thought convenient, according to the intent and purport of the said Decree. "XXI. Provided always, That if any person or persons take any tenement for a less rent than it was accustomed to be letten for, by reason of great ruin or decay, brenning, or such like occasions or misfortunes; that then such person or persons, his executors or assigns, shall pay tithes only after the rate of the rent reserved in his or their lease, and none otherwise, as long as the same lease shall endure." APPENDIX III. A LIST OF PARISHES IN THE CITY OF LONDON, WITH THE TITHE ACTS AFFECTING THE SAME. (The parishes with brackets before their names have been united.) Name of Parish. St. Albans, Wood Street, and St. Pancras, Soper Lane. St. Leonard, East Cheap, and (R) ( St. Mary at Axe (R). St. Anne and St. Agnes. St. John Zachary (R) St. Faith. St. Bartholomew the Great (R).1 St. Botolph without Aldersgate (V). 7 Geo. IV. c. 116. 1 Land allotted to rector in lieu of tithe. 2 Tithes and land of this parish vested in St. Bartholomew's hospital. |