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A25624 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. 1652 (1652) Wing A3446A; ESTC R25887 9,695 27

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AN ANSWER To the severall PETITIONS Of late exhibited to the high Court of PARLIAMENT And to his Excellency the Lord Generall 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 London Printed for I. M. 1652. An Answer to the severall Petitions of late exhibited to the High Court of Parliament And to his Excellency the Lord Generall Cromwell by the poor Husbandmen Farmers and Tenants in severall 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 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 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 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 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 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 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 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 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