An answer to the severall petitions of late exhibited to the High Court of Parliament and to His Excellency the Lord General Cromwell by the poor husband-men, farmers and tenants in severall counties of England for the taking away of tithes paid to priests and impropriators.

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Title
An answer to the severall petitions of late exhibited to the High Court of Parliament and to His Excellency the Lord General Cromwell by the poor husband-men, farmers and tenants in severall counties of England for the taking away of tithes paid to priests and impropriators.
Publication
London :: Printed for I.M.,
1652.
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Subject terms
Tithes -- Great Britain.
Land tenure -- Great Britain.
Great Britain -- History -- Commonwealth and Protectorate, 1649-1660.
Link to this Item
http://name.umdl.umich.edu/A25624.0001.001
Cite this Item
"An answer to the severall petitions of late exhibited to the High Court of Parliament and to His Excellency the Lord General Cromwell by the poor husband-men, farmers and tenants in severall counties of England for the taking away of tithes paid to priests and impropriators." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A25624.0001.001. University of Michigan Library Digital Collections. Accessed May 13, 2025.

Pages

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The Petitioners by that which hath been already decla∣red may easily discern, that there will be many suffe∣rers and sad losers, if tithes impropriate shall be ta∣ken away. In the next place it shall be discovered, who they are that shall be the Gayners, when all Lands are tithe-free.

THe Petitions exhibited are in the behalf of the poor Husband-men 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 Farmes in England, and also of petit Farmes, and parcells of land, have been bought and sold within this thirty years last past. The severall purchasers wherof, have not paid one penny for the tithes therof. 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 Farmes, for the most part have been rich Merchants, wealthy

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Citizens, great Practicers in the Law, Officers in the Courts of justice, and other monied 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 tith-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 tith-free, or els a Fine or Income shall be paid in respect had therto. However the rich Purchasers when their lands shall be tith-free, will in one way or other make their profit of them. And thus the tithes shall be taken away from the Impropriators, the rightfull 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 prin∣cipall Gentlemen, and of all others, who having many Manors and good Farmes in severall Coun∣ties, have their place of residence but in one Coun∣ty, and do let out to Farm the Sites of their Ma∣nors

Page [unnumbered]

and the Demeanes therof, 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 neer all the Farmes are theirs; these great men, their lands being made tith-free, shall have their Estates improoved to their hands with the ruin of many poor Gentle∣men and Freeholders, who have litle els but tithes to maintain them and their familyes.

4 And in like maner also, such Tenants as have Estates for lives in their Farmes, and do upon every change of a life renew their Leases (as generally they do in the West part England, and in divers Counties elswhere) all which tenants for lives shall make Fines to their Lords, as well for the profits of the tithes of the Farmes they hold, as for the Farmes themselves: So that however the Far∣mers may have some petty benefit, or rather con∣veniencie by the hiring of their Farmes in outward appearance tith-free, yet the main profits will re∣dound to the Landlords, unles the Farmers can procure, that no Landlord whatsoever shall let his arable lands together with the tithes therof, at above a certain rent per annum for every acre: which was in effect one of the Articles which Wa. Tiler &

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his rabble demanded of King Richard the second.

5 It hath been propounded by some, that Or∣phans and such as have no other estate but tithes, shall have some moderate satisfaction in mony, and by others, that the Impropriators shall have 8. or 10. years purchase for their tithes. Let such con∣sider, 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 do∣ing as they would be done unto. In case the Impropri∣ators titles were defective, it were a work of Cha∣rity to favour the widdows and the fatherles; but if their titles be good and legall (which none yet have questioned) and that the rich mans right and title is the same with the Orphans, then the one ought to have the benefit of the law (which is the subjects birth-right) as well as the other.

6 And as to a generall sale to be made of tithes at a set rate of so many years purchase, many dif∣ficulties and matters considerable will arise therea∣bout. For as some Manors or Farmes in some Counties, are as well worth 20 years purchase, as some others elswhere are worth 15. So in like maner of tithes, whether the inhabitants be indu∣strious to till the Earth, whether good or bad hus∣bands,

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whether Sea-sand, Lyme, 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 inclosed Counties, or in the Champaines, &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-neer dissolved. Some of the Im∣proprietors have their Estates so fettered by their fathers, or by themselves upon their marriages, with Entailes 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 shal the mo∣nys upon such sales be divided between the parti∣cular tenants, and them in remainder or reversion?

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others have mortgaged their tithes, others, and not afew, have their estates in the hands of Trustees, which trusts cannot be discharged but by the chargeable Decrees in Chancery, Shall Orphans have their portions, and Creditors their debts aba∣ted? 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 inhe∣ritance 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 pari∣shioner that hath spare mony to buy his tithes, there are four that are in debt, few of those (well advised) will purchase, because he that buyes land at ten years purchase, runns about the Country to borrow mony, payes 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 reversi∣on, will hardly joyn in the purchase; and who shall undertake for them that are in their minori∣ties? As the most part of men will want monies to

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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 adde another prejudice to the Impropriator, who besides other incon∣venience shall be well-neer at as great a charge to inne such parcels of scattered Tithes, as formerly he was to inne the whole. But if strangers shalbe admitted to buy the tithes of those lands, which the owners are not able, or not willing to buy, then it will follow, that there must be Land∣lords 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 va∣lue, the purchace no doubt will be under ten years.

9. Some of the Petitioners, and namely those in the East-Riding in York-shire, 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)

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pray that all the Sites of the Monasteries, and of all other the Religious houses in England, dis∣solved 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 im∣proved 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 Kings half Subjects; And bestowed upon the Petitioners, because they are poor men, and take great pains for their livings.

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