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.

The Petitioners are alike grieved with the Ministers of the Gospell for their maintenance by tithes, As they are with Im∣propriators, all must be taken away from them. It being an easy matter, say they, to order a more honou∣rable maintenance for them. But in what way they de∣clare not. We shall not say any thing concerning the Mi∣nisters divine right to tithes; Nor of the conveniencie thereof for their maintenance. We shall proceed in the same way as before, and shew to the Petitioners their mistakes in the Clergies Revenue; And in their own expectations.

1. ALL that which before hath bin decla∣red, concerning the taking away of tithes from the Impropriators, and gi∣ving them to great Landed-men, rich men, and to purchasors, wilbe the same to the Ministers of the Gospell, who shall have the Rents and profits of their tithes taken from them, and put into the purses of rich Land-lords, But with more disad∣vantage

to the Minister than to the Impropria∣tor, 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 con∣sciencious in the dew payment of them, That they usually gave their Ministers a Legacie for tithes forgotten to be paid; And Mortuaries were paid to the parochiall 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 Gospell are resident upon their Cures, and doe 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 doe let his tithes to the Pa∣rishioners

(as many of them doe, and more would upon even tearms) then the Petitioners, the Far∣mers, have as much privilege from their Mini∣sters, as they can expect from their rich Land∣lords, after such time as all Lands are made tithe-free. But if the Minister doe keep his tithes in his own hands, then are they a magazin 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 pettie husband-man, 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 commoditie 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 doe inne their own tithes, together with their Crops, they will not part with any of those com∣modities unless in a small proportion to the labourers that depend upon them.

4. Whereas the Petitioners pretend that the Impropriators and the Ministers doe hot pay Assessements answerable to the profits they re∣ceive,

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 Assessement laid upon the Parish, be∣cause that way was incertain and unequall; there∣fore they resolved, that 100. l. per annum in tithes, ought to be equally taxed with 100. l. Lands per an∣num, And the high Court of Parliament, anno 1649. did enact, That all Assessements from thenceforth should be by the pound rate: But as for the stock upon the Land, that was ordered to be taxed by it self, which lawfull favour hath not in many places bin allowed neither to the Impropri∣ator, Nor to the Minister, because that Farmes, and the stocks upon them, are in most places taxed undividedly together.

5. The Minister is equally taxed (in most pla∣ces) for one hundred pound tithes per annum, with a forrain Land-lord, who receives one hundred pounds Rent per annum of his Farmer in the same Parish, which is not just: For, the Land-lord 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 tyed upon great penaltie 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 Assessements laid upon the Clergy. Thus it is plain, tithes are not under∣taxed, but rather over-taxed.

6. The Petitioners doe farther pretend, That they doe 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 con∣ceal the whole truth. For howsoever it is gene∣rally 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 wholy employed in tillage, not otherwise. But as the whole Revenue of a Parish doth not con∣sist in arable Lands, so the same arable is not al∣waies plowed, 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 severall Parishes; if some of them receive more than the tenth, others doe receive much loss. For in all those Parishes, where the richest pastures doe

lye in severall, 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-cattle, nothing considerable is paid thereout unto the minister.

And where the pastures are stocked with fat sheep, or with Cows for Dayries, the tenth of the rent of such pastures, is the most that can be ex∣pected from a Forainer, but less from a Parishi∣oner, who also paies 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 smoak penny. And the owners of usuall 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 owners profit) yield nothing to the Minister. Adde hereto

that of late years much barren ground, formerly employed in tillage, is converted to Warren for Conies (and indeed can no waies be better im∣proved for the benefit of the Common-wealth and the owners profit.) And as for Forrests, Chases, Parkes for Deer, vast moores, great wasts and Commons, (and under correction the com∣monable Fens also, till of late drained and in hand to be drained conteining 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 antiently were, and so continue to this day, totally exempted from the payment of tithes, by Grants, Privileges and prescriptions, and not Farmes only, but whole Parishes doe prescribe de modo decimandi, by which the minister doth hardly receive the fortieth part in lieu of his tithe, in many places much less. Far∣ther,

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 neer adjoyning 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 Common-wealth bee, by such conditions accompanied with depopulations.) And the cause why the Ministers lost nothing by such conditi∣ons, was, because before that time, about one fourth or fifth part of all the lands in the Parishes, were pa∣sture 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 mi∣nister-rector, before the commission, had little or no considerable profit, which by the severaltie 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 dew payments ther∣of, It is well known, that there were constituti∣ons made in the Reign of King Edw. the Confes∣sor; As also, in the Reign of King Edw. first, in∣joyning

the payment both of prediall and per∣sonall 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 bin ten actions brought against those who have refused to set forth their tithes, openly denying to pay the same, aswell to the Minister, as to the Impropriator, therefore they have just cause humbly to Petition the high Court of Parliament, that they would be plea∣sed to adde costs of Suit to the dammages given by that Statute, because affected Juries will give as little in Dammage as may be; As also that all sales made by the owners of Corn and Grain up∣on the ground, to unknown persons, to the in∣tent to defraud the Impropriators and Ministers of their tithes, and all such like covenous and feigned devices, may be made void, and the Contrivers of them punished according to their deserts. And because that Statute doth concerne prediall 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 Almes; And wofull 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 Mini∣sters at this day have not the one halfe of the profits of the tithes of corn and grain, because (except the Church of Cleve in the vale of E∣vesham, 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 mid∣dle sort have, by sales, by partitions, and by o∣ther means been devided, and come into severall hands.

Then it may be easily demonstrated, that (be∣sides the Patrons losses of their right of inheri∣tance in the presentations of fit Ministers to their Churches) above the yearly Revennue 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. Therfore,

10 For the causes and reasons above recited, the Petitioners have, with too much boldness, importuned the High Court of Parliament, and His Excellencie the Lord Generall, after the ex∣pence of so much blood and treasure, for the liberty of the Subjects Persons and Proprietie in their E∣states, to petition for the taking away of the inhe∣ritance, and the Freehold Estates (for every Incom∣bent hath a free-hold Estate in his tithes) from so many thousands of good Subjects, without pro∣pounding due and full recompence or satisfaction to be given unto them for the same.

FINIS.