IT is manifest to all that have searched Records, either in the Ecclesiasticall or Temporall 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 aswell by the severall 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 [Page 2] 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 heires for ever.

Which King, being thereof so lawfully seized, He by his severall letters Patents under the great Seale of England, in consideration of monies paid him, tenths & tenures by Knights service reserved, and for rewards for service, and other valuable con­siderations, did disperse the Sites of the said Mo­nasteries, &c. their Manors, Lands, and tithes, &c. amongst the Nobility, the Gentry, and others his Subjects, well-neer of all degrees and professions.

All which Patentees, their heires and assignes, 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 yeares quiet possession, severall 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 setling of mens Estates; yet by [Page 3] the clamorous importunities of the Petitioners, their titles to their inheritances have bin blasted, their tithes ill payd, and which is worse, by many denied to be payd, though the High Court of Par­liament have made severall Acts and Ordinances for the due payment thereof: And this the Petiti­oners and others of their party have attempted to do, without proposing any recompence or due satisfaction to be given to the Impropriators in lieu therof.

Now how unjust and unconscionable their en­deavours and attempts have bin 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 Common-wealth, with their persons and estates, in the late troubles; And now if the Petitioners might obtain their desires, the Common-wealth whom they have served, shall deprive them of their estates and livelihoods.

2. The Parliament have had by way of seque­stration, [Page 4] 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 farr higher degree than by a review, even to the losse of the inheritance itself.

3 Many Widdows have tithes for their Joyn­tures, which their parents did purchase for them, with mariage 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 els to maintain them.

4 Others have tithes extended for just debts due unto them; others have tithes mortgaged unto them for mony lent, and the mortgagers stand bound, by Statutes or Recognizances, or in penall Bonds, to pay the monies borrowed at the dayes limited: In such cases the Mortgagers shall not only lose the tithes mortgaged, but the bonds for collaterall security being layd upon them, they [Page 5] shall (unles they have other estates) become stark beggars, and perhaps starve in prison.

5 Others have built fair houses, out-houses and barnes 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, Farmes and Lands of the like yearly value, which had bin 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 im­ply'd; and though the mutuall assurances between the King and the Colleges, were not in form of [Page 6] law made by way of exchange, yet the considera­tions appear to be so, both in the Kings letters Pa­tents, and also in the Grants made by the Colle­ges to the King. Therfore 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 therof shall lose their leases which they have purchased for Fines in hand paid for one and twenty yeares, or for three lives, and also all hopes of renewing their Leases here­after, which they and their predecessors have in­joyed from time to time, at such constant Rates set to be payed for Fines at the renewing of their Leases, as such College leases have bin usually sold for one third part more than Leases held of private persons.

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 [Page 8] 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 prin­cipall Gentlemen, and of all others, who having many Manors and good Farmes in severall Coun­ties, have their place of residence but in one Coun­ty, and do let out to Farm the Sites of their Ma­nors [Page] 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 Gentle­men 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 Far­mers may have some petty benefit, or rather con­veniencie by the hiring of their Farmes in outward appearance tith-free, yet the main profits will re­dound 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 & [Page 10] 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 mony, 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 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 dif­ficulties and matters considerable will arise therea­bout. 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 indu­strious to till the Earth, whether good or bad hus­bands, [Page 11] 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 Im­proprietors 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 mo­nys upon such sales be divided between the parti­cular tenants, and them in remainder or reversion? [Page 12] 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 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 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 reversi­on, will hardly joyn in the purchase; and who shall undertake for them that are in their minori­ties? As the most part of men will want monies to [Page 13] 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 incon­venience 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 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 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) [Page 14] 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 Kings half Subjects; And bestowed upon the Petitioners, because they are poor men, and take great pains for their livings.

1. ALL that which before hath bin decla­red, concerning the taking away of tithes from the Impropriators, and gi­ving 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 disad­vantage [Page 16] 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 con­sciencious 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 Pa­rishioners [Page 17] (as many of them doe, and more would upon even tearms) then 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 doe keep his tithes in his own hands, then are they a magazin or store­house 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 com­modities 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 re­ceive, [Page 18] 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, be­cause that way was incertain and unequall; there­fore they resolved, that 100. l. per annum in tithes, ought to be equally taxed with 100. l. Lands per an­num, 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 Impropri­ator, 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 pla­ces) 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 [Page 19] 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 under­taxed, 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 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 wholy 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 al­waies 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 [Page 20] 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 ex­pected from a Forainer, but less from a Parishi­oner, 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 [Page 21] that of late years much barren ground, formerly employed in tillage, is converted to Warren for Conies (and indeed can no waies be better im­proved 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 com­monable 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. 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 [Page 22] 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 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 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 ther­of, 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, in­joyning [Page 23] the payment both of prediall and per­sonall 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 plea­sed 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 up­on the ground, to unknown persons, to the in­tent 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 [Page 24] 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 Mini­sters 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 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 devided, and come into severall hands.

Then it may be easily demonstrated, that (be­sides the Patrons losses of their right of inheri­tance in the presentations of fit Ministers to their Churches) above the yearly Revennue of one million of pounds at improoved Rates, and the [Page 25] 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 ex­pence of so much blood and treasure, for the liberty of the Subjects Persons and Proprietie in their E­states, to petition for the taking away of the inhe­ritance, and the Freehold Estates (for every Incom­bent hath a free-hold Estate in his tithes) from so many thousands of good Subjects, without pro­pounding due and full recompence or satisfaction to be given unto them for the same.