AN ANSWER To the several PETITIONS Of late exhibited to the high Court of PARLIAMENT, And to his Excellency the Lord general CROMWELL, By the poor husbandmen, Farmers, and Tenants in several Counties of England, for the taking away of Tithes, paid to Priests and Impropriators.  
London Printed for I. M. 1652.   

An Answer to the several Petitions of late exhibited to the High Court of Parliament, And to his Excellency the Lord general Cromwell, by the poor Husbandmen, Farmers, and Tenants in several Counties of England, for the taking away of Tithes paid to Priests and Impropriators.  
IT is manifest to all that have searched Records, either in the ecclesiastical or temporal Courts, or have read the Chronicles of this Nation, that tithes of Corn and Grain were paid to the Clergy in the times of the Saxons; As also that the tithes of more than the third part of all the Parishes in England, were, before the Conquest, and within a few ages after, given, and appropriated to Monasteries and other Religious houses, who quietly enjoyed them till their dissolution by K. Henry the eighth, who as well by the several Grants made unto him by the Heads of the said religious houses, as also by an Act of Parliament holden in 31. year of his reign (to which all the Commons in England consented). had all the Manors, Lands, Tithes and Hereditaments belonging to the said Religious houses (being for the most part the fairest and richest in England) granted and vested in the said King and his heirs for ever.  
Which King, being thereof so lawfully seized, He by his several letters Patents under the great seal of England, in consideration of moneys paid him, tenths & tenures by knight's service reserved, and for rewards for service, and other valuable considerations, did disperse the sight of the said Monasteries, &c. their Manors, Lands, and tithes, &c. amongst the Nobility, the Gentry, and others his Subjects, well-near of all degrees and professions.  
All which Patentees, their heirs and assigns, have from that time to this present, quietly enjoyed the same without dispute, the infortunate Impropriators of tithes excepted, who notwithstanding their more than 100 years quiet possession, several Descents cast, Fines levied, Recoveries suffered, and those upon valuable considerations; And besides the former act of Parliament, and one other excellent Law made in the 21th year of K. James, called the Statute of Limitations, made for the quieting and settling of men's Estates; yet by the clamorous importunities of the Petitioners, their titles to their inheritances have been blasted, their tithes ill paid, and which is worse, by many denied to be paid, though the High Court of Parliament have made several Acts and Ordinances for the due payment thereof: And this the Petitioners and others of their party have attempted to do, without proposing any recompense or due satisfaction to be given to the Impropriators in lieu thereof.  
Now how unjust and unconscionable their endeavours and attempts have been herein, shall evedently appear to the understanding of the poor tenants and farmers themselves who are Petitioners, by the reasons and Arguments plainly expressed in the Articles following, viz.  
1 FIrst, many Impropriations are in the hands of such persons as have faithfully served this commonwealth, with their persons and estates, in the late troubles; And now if the Petitioners might obtain their desires, the commonwealth whom they have served, shall deprive them of their estates and livelihoods.  
2. The Parliament have had by way of sequestration, the Revenues of many Impropriations, the owners whereof have lately compounded for their Delinquencies: And now that the Delinquents have paid the Fines imposed upon them for their delinquencies, and sued forth their pardons, or by the Act of Oblivion have their offences remitted, they shall (those excepted who gave to the State their Impropriations in lieu of their Fines) be now punished in a far higher degree than by a review, even to the loss of the inheritance itself.  
3 Many widows have tithes for their jointures, which their parents did purchase for them, with marriage portions; and Orphans, tithes asigned for the raising of their portions; and younger Sons have Annuities issuing out of tithes granted unto them during their lives, and little or nothing else to maintain them.  
4 Others have tithes extended for just debts due unto them; others have tithes mortgaged unto them for money lent, and the mortgagers stand bound, by Statutes or recognisances, or in penal Bonds, to pay the moneys borrowed at the days limited: In such cases the Mortgagers shall not only lose the tithes mortgaged, but the bonds for collateral security being laid upon them, they shall (Unless they have other estates) become stark beggars, and perhaps starve in prison.  
5 Others have built fair houses, outhouses and barns upon their Rectories, and have held their tithes instead of demeans for their provisions, which tithes being taken from them, their losses (over and above their tithes) in their buildings will be of considerable value.  
6 K. Henry the 8th, to engage all degrees of men and societies in the sharing of the lands belonging to the Religious houses, and of the Rectories to them lately appropriated, did (amongst other things) by way of exchange, give to divers of the Colleges in both the Universities, a great number of Impropriations; and the Colleges in the lieu of them gave to the King, fair Manors, farms and Lands of the like yearly value, which had been given unto them by the Founders and Benefactors to the said Colleges. Now if the tithes be taken away from those Colleges, then in all justice and equity the Colleges ought to have all their Manors and Lands restored back again unto them, which in every exchange, is tacitly employed; and though the mutual assurances between the King and the Colleges, were not in form of law made by way of exchange, yet the considerations appear to be so, both in the King's letters Patents, and also in the Grants made by the Colleges to the King. Therefore in all equity, restitution or satisfaction ought to be given unto them, otherwise those Colleges must in part be dissolved.  
7. As the Colleges shall lose their Impropriations, so their Farmers thereof shall lose their leases which they have purchased for Fines in hand paid for one and twenty years, or for three lives, and also all hopes of renewing their Leases hereafter, which they and their predecessors have enjoyed from time to time, at such constant Rates set to be paid for Fines at the renewing of their Leases, as such College leases have been usually sold for one third part more than Leases held of private persons.   

The Petitioners by that which hath been already declared may easily discern, that there will be many sufferers and sad losers, if tithes impropriate shall be taken away. In the next place it shall be discovered, who they are that shall be the gainers, when all Lands are tithe-free.  
THe Petitions exhibited are in the behalf of the poor husbandmen and Tenants; Alas poor men! they shall have the least share of the profits of tithes, if their Petitions should be granted. For,  
1 First, a great and considerable part of all the Manors and best farms in England, and also of petit farms, and parcels of land, have been bought and sold within this thirty years' last past. The several purchasers whereof, have not paid one penny for the tithes thereof. For the tithes being an inheritance separate and distinct from the land, was not in the power of the Vendors to sell, nor intended by the Purchasers to be bought. Now it is contrary to all justice and equity, that a purchaser should have the profit of that he neither bought nor paid for.  
2 The purchasers of Manors and farms, for the most part have been rich Merchants, wealthy Citizens, great Practicers in the Law, Officers in the Courts of justice, and other moneyed men; all these, or the most of these, do let out their purchased lands to Farmers at improoved rents, which Farmers, when all lands are made tithe-free, shall pay to their landlords the Purchasers, Rents as well for the value of the tithes, as they shall for the arable land they hire of them, either by setting the land at a higher rate in regard it is tithe-free, or else a Fine or Income shall be paid in respect had thereto. However the rich Purchasers when their lands shall be tithe-free, will in one way or other make their profit of them. And thus the tithes shall be taken away from the Impropriators, the rightful owners of them, and given to the rich purchasers who have no need of them., nor right unto them. Thus upon the whole matter, whereas there was but one Impropriator in a Parish, now there will be (if the Petitioners may obtain their desires) in effect, as many Impropriators as Purchasers.  
3 The like may be said of Noblemen, of principal Gentlemen, and of all others, who having many Manors and good farms in several Counties, have their place of residence but in one County, and do let out to Farm the sight of their Manors and the Demeanes thereof, which commonly in country Villages do amount to the third or fourth part of the Revenue of the whole Parish, and in many parishes well near all the farms are theirs; these great men, their lands being made tithe-free, shall have their Estates improoved to their hands with the ruin of many poor Gentlemen and Freeholders, who have little else but tithes to maintain them and their families.  
4 And in like manner also, such Tenants as have Estates for lives in their farms, and do upon every change of a life renew their Leases (as generally they do in the West part England, and in divers Counties elsewhere) all which tenants for lives shall make Fines to their Lords, as well for the profits of the tithes of the farms they hold, as for the farms themselves: So that however the Farmers may have some petty benefit, or rather conveniency by the hiring of their farms in outward appearance tithe-free, yet the main profits will redound to the Landlords, unless the Farmers can procure, that no Landlord whatsoever shall let his arable lands together with the tithes thereof, at above a certain rent per annum for every acre: which was in effect one of the Articles which Wa. Tiler & his rabble demanded of King Richard the second.  
5 It hath been propounded by some, that Orphans and such as have no other estate but tithes, shall have some moderate satisfaction in money, and by others, that the Impropriators shall have 8. or 10. years' purchase for their tithes. Let such consider, that this is in effect to take from the Subjects their inheritance against their wills for half the value thereof. Such forget that golden Rule, of doing as they would be done unto. In case the Impropriators titles were defective, it were a work of Charity to favour the widows and the fatherless; but if their titles be good and legal (which none yet have questioned) and that the rich man's right and title is the same with the Orphans, than the one ought to have the benefit of the law (which is the subject's birthright) as well as the other.  
6 And as to a general sale to be made of tithes at a set rate of so many years purchase, many difficulties and matters considerable will arise thereabout. For as some Manors or farms in some Counties, are as well worth 20 years' purchase, as some others elsewhere are worth 15. So in like manner of tithes, whether the inhabitants be industrious to till the Earth, whether good or bad husbands, whether Sea-sand, lime, Marle, or other Compost may be easily procured to manure the land, whether the Inhabitants be able owners, or poor Farmers, whether the soil be fertile or barren, whether lying in the enclosed Counties, or in the champains, &c. these and the like will raise or abate the sale of tithes.  
7 Now concerning those that are to be the sellers, First by an Act of Parliament made Anno 13. Eliza. If the Masters and the Fellows of Colleges do alien their Lands or tithes, such Grants are void, nor can they consent to do it without ah horrible breach of trust, and if they shall be sold for half the value, then must the Colleges (as before was observed) be in part, and some of the greatest of them be well-near dissolved. Some of the Improprietors have their Estates so fettered by their fathers, or by themselves upon their marriages, with entails called perpetuities, that they have no power to dock them, but by composition with them in remainder; they being in little better condition than tenants for lives. Others are simply tenants for lives, others for years; How shall the moneys upon such sales be divided between the particular tenants, and them in remainder or reversion? others have mortgaged their tithes, others, and not a few, have their estates in the hands of trusties, which trusts cannot be discharged but by the chargeable Decrees in Chancery, Shall Orphans have their portions, and Creditors their debts abated? Shall the annuities of younger brothers be in part extinct? Or shall all the loss fall upon those poor Gent, and Freeholders who have the inheritance of the tithes in reversion, and none or little present profit?  
8 Difficulties will also arise about the persons that are to Purchase; for, where there is one parishioner that hath spare money to buy his tithes, there are four that are in debt, few of those (well advised) will purchase, because he that buys land at ten years' purchase, runs about the Country to borrow money, pays brokage and interest, and the charges of assurance by mortgage to secure either the lender or his sureties, and the payment of taxes (besides the loss of time and anguish of mind) may put his Gains in his eyes and see never the worse. Particular tenants, and they in reversion, will hardly join in the purchase; and who shall undertake for them that are in their minorities? As the most part of men will want moneys to buy, so others will have no will to buy; shall an Impropriator be compelled to fell the fairest and best portions of his Tithes and at under-rates, to those that will buy, and to keep the remain in his hands? That were to add another prejudice to the Impropriator, who besides other inconvenience shall be well-near at as great a charge to inn such parcels of scattered Tithes, as formerly he was to inn the whole. But if strangers shall be admitted to buy the tithes of those lands, which the owners are not able, or not willing to buy, than it will follow, that there must be Landlords and Tenants, and in effect, as many, or more Impropriators, than are at this present. Lastly, who shall determine the yearly value of the tithes to be sold? if the anti-tithemongers, set the value, the purchase no doubt will be under ten years.  
9 Some of the Petitioners, and namely those in the East-Riding in Yorkshire, pray to have the payment of tithes abolished, because they were at the first given for the advancement of Popery, and for the maintenance of superstitious and idle persons. For the like reason the Petitioners may (in case they have good success in this Petition) pray that all the Sites of the Monasteries, and of all other the Religious houses in England, dissolved by K. Hen. 8. may, together with all their Manors, Granges, Farms and Lands (which amounted to the value of 161100. l. per annum, of old Rents, and are worth at this day at improved Rents, two millions of pounds per annum) be taken from the present owners, because they were at the first given for the maintenance of idle Monks and Chanting Cannons, who depended upon the Popes, and were but the King's half Subjects; And bestowed upon the Petitioners, because they are poor men, and take great pains for their livings.   

The Petitioners are alike grieved with the Ministers of the gospel for their maintenance by tithes, As they are with Impropriators, all must be taken away from them. It being an easy matter, say they, to order a more honourable maintenance for them. But in what way they declare not. We shall not say any thing concerning the Ministers divine right to tithes; Nor of the conveniency thereof for their maintenance. We shall proceed in the same way as before, and show to the Petitioners their mistakes in the Clergies Revenue; And in their own expectations.  
1. ALL that which before hath been declared, concerning the taking away of tithes from the Impropriators, and giving them to great Landed-men, rich men, and to purchasers, will be the same to the Ministers of the gospel, who shall have the Rents and profits of their tithes taken from them, and put into the purses of rich landlords, But with more disadvantage to the Minister than to the Impropriator, because of the Ministers constant pains in Preaching, His care of the souls under his charge, with the other duties incident to his calling. For which our Ancestors in former times held their Ministers so worthy of tithes, and were so conscientious in the dew payment of them, That they usually gave their Ministers a legacy for tithes forgotten to be paid; And Mortuaries were paid to the parochial Ministers for the same cause.  
2. It was in the times of Popery, one of the just grievances which the Cannons had against the Monasteries, &c. That they received the Rents of the tithes, and yet lived 100 miles off, and for that many Rectories were appropriated to Religious houses beyond the Seas, who gave no relief nor assistance to the Parishes whence they received the profits, nor scarce took notice of them; whereas the Ministers of the gospel are resident upon their Cures, and do spend the Revenues thereof amongst their Parishioners; They set the able poor on work, and relieve the impotent according to their abilities.  
3. If the Minister do let his tithes to the Parishioners (as many of them do, and more would upon even terms) than the Petitioners, the Farmers, have as much privilege from their Ministers, as they can expect from their rich Landlords, after such time as all Lands are made tithe-free. But if the Minister do keep his tithes in his own hands, then are they a magazine or store-house for all the poor people in the Parish. For there the poor man hath straw for his bed, for his Cow, and to heat his Oven, and grist-corn upon trust, till he have earned money to pay for it; Thither also the petty husbandman, the badger, the waggonier, and the Carter that lives by doing works and carriages for other men, resort for Chaff for their horses, which is a commodity hard to be gotten in those Counties where use is made of it; And there they have for their money horse-corn ready at hand. But where the Farmers do inn their own tithes, together with their Crops, they will not part with any of those commodities unless in a small proportion to the labourers that depend upon them.  
4. Whereas the Petitioners pretend that the Impropriators and the Ministers do hot pay assessments answerable to the profits they receive, herein the Petitioners are much mistaken. For it is a known truth, that all the Judges in the Courts at Westminster about Anno 1635. did resolve it, That tithes were not to be assessed at the tenth part of the assessment laid upon the Parish, because that way was incertain and unequal; therefore they resolved, that 100 l. per annum in tithes, aught to be equally taxed with 100 l. Lands per annum, And the high Court of Parliament, anno 1649. did enact, That all assessments from thenceforth should be by the pound rate: But as for the stock upon the Land, that was ordered to be taxed by itself, which lawful favour hath not in many places been allowed neither to the Impropriator, Nor to the Minister, because that farms, and the stocks upon them, are in most places taxed undividedly together.  
5. The Minister is equally taxed (in most places) for one hundred pound tithes per annum, with a foreign landlord, who receives one hundred pounds Rent per annum of his Farmer in the same Parish, which is not just: For, the landlord is at liberty to live where he pleaseth, and to follow any calling he best liketh, without any deduction of his Rents, save for taxes; Whereas the Minister is tied upon great penalty to Residence, and in case of sickness, or of just cause of absence, must at his charges see the Cure served, whereof respect ought to be had in all assessments laid upon the Clergy. Thus it is plain, tithes are not undertaxed, but rather over-taxed.  
6. The Petitioners do farther pretend, That they do pay to the Tithe-mongers, the third or fourth part of their whole estates. Herein though the Petitioners tell the truth in part, yet they conceal the whole truth. For howsoever it is generally true, that if threescore acres of arable Land be let to Farm for threescore nobles per annum, during That then the tithe thereof is worth twenty nobles per annum, the time the threescore acres are wholly employed in tillage, not otherwise. But as the whole Revenue of a Parish doth not consist in arable Lands, so the same arable is not always ploughed, and it may with confidence be affirmed, That the Clergy who receive the tithes of Corn and Grain, together with the small tithes, Have hardly throughout England the tenth part of all the Rents and profits of the Lands in their several Parishes; if some of them receive more than the tenth, others do receive much loss. For in all those Parishes, where the richest pastures do lie in several, and are employed in the seeding of fat Oxen, as also in less fertile pastures, where the profits are raised by the brooding up of horses and store-cattles, nothing considerable is paid thereout unto the minister.  
And where the pastures are stocked with fat sheep, or with Cows for dairies, the tenth of the rent of such pastures, is the most that can be expected from a foreigner, but less from a Parishioner, who also pays no tithes for all the pastures his plow-horses and Oxen for draught do eat up; nor for the Leyes and pastures which the flocks of sheep do graze upon, which are folded to manure the arable lands: Besides the parishioners do commonly blow away all the tithes due for firewood with a smoke penny. And the owners of usual or coppice Woods in many places do not pay the tenth; and not a few do let their Underwoods and Springs of woods grow till they be above twenty years' growth, purposely to defraud the Minister of his tithe. And generally in all places the spires or young timber trees which are fallen, together with the under-wood (which are a considerable part of the owner's profit) yield nothing to the Minister. Add hereto that of late years much barren ground, formerly employed in tillage, is converted to Warren for coneys (and indeed can no ways be better improved for the benefit of the commonwealth and the owner's profit.) And as for forests, Chases, parks for Deer, vast moors, great wastes and Commons, (and under correction the commonable Fens also, till of late drained and in hand to be drained containing 400000. acres.) As they yield not much to the common good, so least of all to the Rector-ministers. Furthermore, many Manors and Granges in England anciently were, and so continue to this day, totally exempted from the payment of tithes, by Grants, Privileges and prescriptions, and not farms only, but whole Parishes do prescribe de modo decimandi, by which the minister doth hardly receive the fortieth part in lieu of his tithe, in many places much less. Farther,  
7. To instance, that the Minister, hath but the tenth. There have, upon complaints made in Chancery, where Towns have been depopulated and converted to pasture, Decrees made in that Court, That the minister should have in lieu of his tithes, the tenth acre in the Parish, to hold in severalite, and to be laid near adjoining to the Parsonage house, or in some other convenient places to the Ministers content. In which way of exchange the Minister was no loser (though the commonwealth be, by such conditions accompanied with depopulations.) And the cause why the Ministers lost nothing by such conditions, was, because before that time, about one fourth or fifth part of all the lands in the Parishes, were pasture grounds held in severalty, or else were meadow and pasture grounds lying in the Common-fields, in the bottoms or low places thereof, and in heidons, and in large drifts for cattle, and in the commons and wastes of the manor, which were commonable all the year; In all which the minister-rector, before the commission, had little or no considerable profit, which by the severalty for all the year were improoved.  
8. And whereas the Petitioners pretend much slavery by the Statute made anno 2 Edw. 6. for the setting forth of tithes, and also by the Ordinances made this Parliament for the due payments thereof, It is well known, that there were constitutions made in the Reign of King Edw. the Confessor; As also, in the Reign of King Edw. first, enjoining the payment both of predial and personal tithes. And it is a known truth, that for one action which hath for these seven years' last past, been commenced against any person for Foul tithing, there have been ten actions brought against those who have refused to set forth their tithes, openly denying to pay the same, as well to the Minister, as to the Impropriator, therefore they have just cause humbly to Petition the high Court of Parliament, that they would be pleased to add costs of Suit to the damages given by that Statute, because affected Juries will give as little in damage as may be; As also that all sales made by the owners of Corn and Grain upon the ground, to unknown persons, to the intent to defraud the Impropriators and Ministers of their tithes, and all such like covinous and feigned devices, may be made void, and the Contrivers of them punished according to their deserts. And because that Statute doth concern predial tithes only, therefore that some good Law might be made in the behalf of poor Vicars, for the recovery of small tithes; which if the Vicar insist upon to have according to the value, he is clamoured to be contentious, if he accept what is given, his tithes are converted to alms; And woeful is the condition of those Ministers whose maintenance depends upon the benevolence of the people, as also of those parishes who want fit maintenance for their ministers.  
9 There are in England and in Wales nine thousand seven hundred and twenry five parishes, and although the one half of those Rectories were not appropriated as to the number of them, yet certainly as to the yearly values, the Ministers at this day have not the one half of the profits of the tithes of corn and grain, because (except the Church of Cleve in the vale of Evesham, and some others) the tithes of all the richest and largest parishes were appropriated. And if it be farther considered, that not only many of the greatest of them, but also the middle sort have, by sales, by partitions, and by other means been divided, and come into several hands.  
Then it may be easily demonstrated, that (besides the patron's losses of their right of inheritance in the presentations of fit Ministers to their Churches) above the yearly revenue of one million of pounds at improoved Rates, and the Estates of more than ten thousand Families are deeply concerned in this great mutation by the Petitioners intended. Therefore,  
10 For the causes and reasons above recited, the Petitioners have, with too much boldness, importuned the High Court of Parliament, and His excellency the Lord general, after the expense of so much blood and treasure, for the liberty of the Subjects Persons and propriety in their Estates, to petition for the taking away of the inheritance, and the Freehold Estates (for every Incombent hath a freehold Estate in his tithes) from so many thousands of good Subjects, without propounding due and full recompense or satisfaction to be given unto them for the same.  
FINIS.