Tithe Robbers Discovered, Chapter 1
CHAP. I.
THat good Laws have been occaſioned by evil manners, and that evil manners call for good Laws, to ſuppreſs and prevent them is an experimental, and undeniable truth: that the evil manners, the unjuſt, fraudulent, oppreſſive practices of Tythe-payers are now more then ever audacious, and the violence of their oppreſſive carriage grown to that height and exceſſe, that it can no longer be endured, is known and felt by thouſands, which wickednes former Law-makers were unacquainted with; whoſe Laws are now out-plodded. It is then high-time to detect and ſet out their wickedneſſe to the Magiſtrate, that it may be ſpeedily ſuppreſſed by good Laws; to this end and purpoſe tends the enſuing Diſcovery of the Lawleſs Tythe-robber.
The only fundamental Law for the true payment of Tythes, is as followeth in the Statute of 2 Ed. 6.13. Every of the Kings Subjects ſhall from hence-forth truly and juſtly, without fraud, or guile, divide, ſet out, yield and pay, all manner of their prediall Tythes, in their proper kinde, as they ariſe and happen in ſuch manner and form, as hath been of right yielded and paid, within fourty years next before the making of this Act, or of right or cuſtome ought to have been paid: and that no perſon ſhall from hence-forth, take, or carry away any ſuch or like Tythes, which have been yielded and paid within the ſaid fourty years, or of right ought to have been paid in the place or places tytheable of the ſame, before he hath juſtly divided and ſet forth for tythe thereof, the tenth part of the ſame; or otherwiſe agreed for the ſame tythes, under the pain of forfeiture of treble value of the tythes ſo taken or carried away. And be it enacted by the Authority aforeſaid, that at all times whatſoever, as often as the ſaid prediall tythes ſhall be due at the tything time of the ſame, it to be lawfull for every party to whom any of the ſaid tythes ought to be paid, or his deputy or ſervant to view. and ſee their ſaid tythes to be juſtly and truly ſet forth, and ſevered from the nine parts, and the ſame quietly to take and carry away.
Now I ſhall make it appear, that notwithſtanding this Law or any other Act or Ordinance founded thereupon; The deceitful Tythe-payer hath found out frauds and evaſions to make void the true intent of this L…w, and (without peri… or damage) to chea… the Tythe-receiver. For the plain di…covery of theſ… frauds, I ſhall reduce them to three ſ…rts.
Firſt, the craft uſed before the tythe is ſet out, to keep the Tythe-receiver from ſeeing his tythes ſet out, that the Tythe-payer may defraud, and …eal a… he liſt, in the tythe-receivers abſence.
Secondly, the crafts they uſe at the time of Tything.
Thirdly, the frauds they vſe after the Tythes are ſet out.
Firſt, the frauds which unjuſt Tyth-payers uſe before any tythe is ſet out, to keep the Tythe-receiver from ſeeing his tythes juſtly ſet out. The ſubſtance of the recited Law is, That the Tythe-payer muſt ſet out his tythes truly and juſtly, and that he ſhall ſuffer the Tythe-receiver to ſee his tythe ſet out, and to take it away: But although the Law ſaith, he muſt ſuffer the Tythe-receiver to ſee his tythes ſet out: yet the Law ſaith not, no Tythe ſhall be ſet out, but in the preſence of the Tythe-receiver, or his aſſignes; or that before the Tythe be ſet out, or things tythable, or any part of them be carried away, notice ſhall be given by the Tythe-payer to the Tythe-receiver, when the things tytheable ſhall be tythed, that the Tythe-receiver, or his Aſſignee may be preſent, to ſee the tythe juſtly and truly ſet out: The Tythe-payer (who is in poſſeſſion of all the ten parts) is loſt by the Law ſolely to himſelf, or his aſſignes to ſet out the tythe before what partial witneſs he pleaſeth to take, and to do this in the abſence of him to whom the tythes are due. The Tythe-payer and none elſe hath by law, to do with the ſetting out the tythe. The Tythe-payers uſually deny the Tythe-receiver to ſee his tythe ſet out. No mean one ſay, You ſhall ſee no tythe ſet out on my ground; The Parſon hath nothing to do by Law to meddle about the ſetting it out, pray keep off: I know how to ſet out my tythe by Law, you ſhall not ſee it ſet out if you watch never ſo long.
It is true, that if the Tythe-receiver, or his aſſignes wait day and night, or happen to come caſually at the inſtant when the Tythe-payer is about to take and carry the things tythable (I inſtance in Corn especially) Then indeed the Law ſaith, the Tythe-payer muſt ſuffer the Tythe-receiver to ſee the tythe ſet out: but here is the freedom that the Tythe-payer hath by Law to keep the Tythe-receiver from ſeeing his tythe ſet out. The fraudulent Tythe-payers (not being bound by Law to give notice when the things tythable are ready for tything, or to ſet out the tythes in the Tythe-receivers preſence) do watch and take their opportunity day or night, to carry away their things tytheable, and to leave what Tythes they liſt for the abſent Tythe-receiver: Now they are grown ſo cunning, that thereby they uſually leave ſome tythe to prevent the diſcovery of the true value ſubſtracted, which would eaſily be known if no tythe at all were left.
Now the ſhift uſed of purpoſe by the Tythe-payer to hinder the Tythe-receiver, from ſeeing his tythes ſet out, are commonly theſe:
Firſt, If the Tythe-receiver ſend to every farm, a waiter aboard the Ship (I meane a man to looke after his tythes which is growne now to an intolerable charge) yet if the farmer have more plow-lands then one, he will of purpoſe ſend out two or theee Carts at once into ſeverall fields, or places, knowing that the ſervant cannot be preſent at divers places at once.
2. If the Tythe-payers cart be come into the field and ready to lead the corne, yet if the Tythe-taker happen then to come there, they wil let the waggon or cart ſtand empty all the while the Tythe-receiver is preſent and wil go home empty, if he ſtay long.
3 If the Tythe-receiver wait all day upon the Reapers and Binders, the Tyth-payer will goe home at night leaving all the ſheaves lying abroad here and there, but after ſupper or at midnight, when the Tyth-receiver is at home then the Tyth-payers waggon comes out, and then leave what Tythe they liſt.
4 If the Tythe-payers be loading corn in the day time, in the Tithe-receivers abſence, If they ſee the Tythe-receiver comming at that inſtant, they load as faſt as poſſible they can, and as much as they can before he comes to them; They tell him they have loaded but ſo many ſheaves, or ſhocks (ten ſheaves heaped is a ſhock) when in truth they have loaded twice ſo many ſhocks or ſheaves as they acknowledge, and the Tythe-receiver muſt believe them, they will not unload their waggon, nor ſuffer the Tythe-receiver to ſee it unloded, when it comes home, they cannot unload till to morrow, or till after dinner, &c.
5 If the Tythe-receiver deſire the Tythe-payer to ſet out the tythe preſently, or to tell him, when he ſhall come and ſee the tythe ſet out, or when he will tythe and carry his things titheable: The Tythe-payer will either anſwer with ſilence, or will ſay, he will not carry until to morrow, or until the afternoon, or until all the field be reaped or bound, &c. But the Tythe-payer takes his advantage hereupon to defraud the credulous Tythe-receiver, and before the time appointed carries his corn, hay, &c. and leaves what tythe he liſt: when a Tythe-payer was reproved for this fraud and breach of promiſe: …uſh, ſaid he, to his neightbour, do you thinke weel tel them when weel carry our come, and let them ſee the tithe ſet out?
6 They have a trick to threaten and affright, the Tyth-receivers ſervant off their ground; And while he goes home to complaine, they carry their come and leave what tythe they liſt.
7. If the corn be cocked or heaped in the Tythe-receivers abſence the Tyth-payer will not load in order, but loads a heape here and there diſorderly, and croſſe and croſſe the field out of order of purpoſe to keep the Tythe-receiver from the knowledge of what they carried away.
8. The law not appointing the tythe heaps to be marked by a bough, or the like; after they are ſet out for tythes: The Tythe-payers thereupon take advantage in the Tythe-receivers abſence to eye and note out ſuch a heap for tythe and leave it a while in the field, but they after take it away, and by this trick they can ſweat it was ſet out or noted out for tythe, and left for tythe, though they had carried it away.
9 If the tythe be ſet out in the Tythe-receivers preſence in one part of a field, the Tythe-payer will not carry any corn where the tythe is ſet out, but carry where no tythe is ſet out, in the ſame field or in another field in the Tythe-receivers abſence, of purpoſe to cheat the Miniſter.
10 They pick out all the worſt and leaſt ſheaves, and heap them and ſet them out for tythe, in the Tythe-receivers abſence, and then they load the biggeſt ſheaves and beſt corn for themſelves.
11 They fee their men that carry their corn and hay, &c. and they (in the abſence of the Tythe-receiver) truly and juſtly tell the heaps and bough out the tenth, then comes another ſervant and puls off the Tythe-mark, and then inſtantly comes the waggon and takes up the reſt of the corn that was tythed out, only leaving here and there a litle tythe (not halfe) to blinde the buſineſſe; By this trick they can ſwear the tythe was truly ſet out and left.
12 They reape and binde nine ſhocks of great ſheaves and load them before the tenth be reaped or bound; and the Tythe-payer bids them reap or binde the tenth the next ſhocke for tythe; They know their maſters meaning, and that tenth ſhock ſhall not be halfe ſo good as the nine that were carried away: yet they are ready to ſweare the tythe was truly ſet out, and left.
13 They uſe in the tythe-receivers abſence to ſet marks or boughs on every heap in the field, if there be five hundred, and then preſently bring waggons & load & carry away the corn & leave here & there a little tythe: & by this trick, though they ſteal half the tythe, they can ſwear that the tenth was ſet out & marked out: for if all were marked out, the tenth heap or tythe muſt needs be marked.
The ſecond Order of frauds in Tything is, in the time of tything, though in the Tythe-receivers peſence.
1 They will bribe the Parſons ſervants to winke at their unjuſt tything and have defrauded much by this means.
2 They will not ſet out the tythe or tenth before they begin to carry their ſheaves or heaps, though the Tythe-receiver be preſent, but load the ſheaves as they lie here and there, or the ſhocks, till they come to the tenth, ſo the Tythe-receiver muſt be preſent to tell every ſheafe or heap as it is loaded, and the Pitcher and Loader of the corne being two to one Tythe-receiver do uſually outface him, and ſwear and ſtare, they have not taken up halfe ſo many as they have loaded: and upon this account the Parſon, though he keep a hundred men in the field in ſeveral places to ſee the tythe ſet out, yet all is in vain by this trick.
3 They will leave a tenth ſhock in the tythe-receivers preſence, or abſence, but it is a uſual trick to load eight heaps of corn or hay, &c. in the beſt of the field and afterward they drive the waggon to a poore weedy barren part of the field, and there load a ninth ſhock and then and there ſet up a bough on the heap next to the ninth: That tenth ſhocke not being ſo good as one ſheafe of the eight ſhocks, which the tythe-payer had loaded for himſelf: They face it, if it be queſtioned, that it was the tenth, and ſtood next to the ninth ſhocke they loaded.
4 If the tythe-receiver be ſuffered to ſee the corn tythed, before the tythe-payer begins to carry any of the things tytheable, the tythe muſt be ſet out as the heaps ſtand in order, right or wrong; I mean, though the tenth be not half ſo good as any of the nine heaps; And the tythe-payers being in poſſeſſion, it is uſual to pack all the heaps in a field before hand in the abſence of the Tythe-receiver ſo cunningly, that begin to tell in order which way you will the tenth heape ſhall be the worst.
5 They put in ſome ſhocks more then ten ſheaves, and onelyonly ten in the Tythe ſhock, as when tythe wooll is paid they pack two fleeces inſtead of one, for tythe-payer: but the Tythe-fleece is ſcarce one fleece.
Now of late, theſe Tythe-craft-men begin a new trick in ſome place, againſt cuſtome, which hath been to ſhock or heap their corn, and after to ſet out the tenth ſhock juſtly: now they load up the ſheaves, as they lie ſingle about the field, and the Pitcher, when he hath loaded nine ſheaves, eyes a little ſheaf, and throweth it by for tythe all the field over, to be a prey for Swine and Gleaners.
The third order of the frauds of Tything-craft is, after the tythe is ſet out to hinder the Tythe-receiver from enjoying it.
1 The wicked Tythe-payer will carry his 9 parts, firſt, while the tythe heaps are there, and if the tythe ſhock were juſtly ſet out, yet they will remove the bough from the good tythe-ſhock, and ſo ſet it on a naughty ſhock, (contrary to the Law of God, Deut. 14.27. & Chap. 12.17. Deut. 27.33.) and load the tythe ſhock. And they uſe, after the tythe is ſet out, to pick out, good ſheaves out of the tythe-ſhock, and pack in refuſe, and worſe in the room of the good ſheaves.
2 After the tythe is ſet out in a field, and the Tythe-receiver abſent, if the reapers or binders be at work, and there be ſingle ſheaves abroad, not tythed, nor ſhocked: The Tythe-payer comming to fetch his tythed corn, uſeth to load many of thoſe untythed ſheaves; if the Tythe-receiver come and take them in that act, they ſay preſently, they took up but half a dozen odd ſheaves, to make up their load, when they have loaded half their load with untythed ſheaves.
3. If the tythe be ſet out, and left all night in the field, then the unjuſt Tythe-payer acts his deeds of darkneſs, of his black Art to the purpoſe: ſometimes they carry away the good tythe in the night, and fetch poor lodged weedy mouſe-ar'd corn out of another field, and lay it in their room of the good tythe-heaps, ſometimes they keep traſh in a corner of their barn, and fetch it out in the night, and put it in the room of the good tythe-heaps.
4 After the tythe is truly ſet out, they have a trick (eſpecially in the night) to take out of every tythe-ſheaf, at leaſt half of it, and then binde the half-ſheaves and heap them in number, as before, they were ſo gelded or diminiſhed.
It is ordinary to ſteal five ſheaves out of ten ſheaves, in this manner: ſaid one after tythes were ſet out in the Tythe-receivers preſence, This ſhock is too good for the Prieſt, & preſently in the day-time took away divers ſheaves of the ſhock, did unbinde the reſt, made new bands, and bound the reſidue of the ſheaves into ten ſheaves. I had the other year ſixteen ſhocks in one field left for tythe, and in the night every ſheaf was ſo gelded, and but half left in ſubſtance: every ſheaf was unbound, and half-taken out, and rebound, heaped and reboughed, and a waggon had been there in the night, as was evident, and this neer the Farmers houſe that had ſet out the tythes in the day time.
5 Though the tythe be juſtly ſet out, yet the Tythe-payer (taking advantage in the abſence of the Tythe-receiver, and coming firſt for his nine parts, loads up, with his nine parts, whole tythe-ſhocks, that were boughed out; And though the tythe-payers Waggon come immediately out of the field loaded wih his nine parts, and having a tythe-ſhock or two loaded amongſt his own: the tythe-payer will d…ny and ſwear that he loaded nor carried away any tythe; Did you ſee me or my man load the tythe? you muſt watch your corn; if thieves have been there while you have been at dinner, or in the night, look you after them: we are not bound to watch your tythe: ſo that the Tythe-receiver cannot prove that the Tythe-payer had the tythe-heaps, all is loſt, which act its hard to prove for its lawful for the Tythe-payer to come, and be on his own ground at any time of the day or night, and to load his corn there; none can ſay what have ye to do there?
6 When the Tythe-payer hath carried away his nine parts, he ſends to the Tythe-receiver to fetch away his tythe, which poſſibly he cannot do at that time, his Waggon is loaded, it is night, &c. The Tythe-payer ſaith, he muſt manure his ground, and turns in his Cattel which ſpoil the tythe; this is uſual, enquire at Pluckly in Kent, &c.
7 The wicked Tythe-payers to cover their own ſin and ſhame, uſe to encourage the poor people (Gleaners and others) to ſteal tythe-corn, and they ſee it, nod, and laugh at, &c. whereby, and by other cauſes, it is now grown to that paſs, that Tythe-robbing is made a ſport off; And not only Tythe-payers, but other people become Tythe-ſtealers, ſo that we are forced to watch our tythe day and night after it is ſet out: One neer me was taken in the night by a Farmer, who ſaw him bundle up wheat-ſheaves, and having them on his back; the Farmer came to him and laid hold on him, and ſaid it was his corn The thief anſwered, By my troth, I thought it was a tythe-ſhock, for it ſtood alone, elſe I would not have toucht it for 100 pounds. And the falſe doctrine and practice againſt this ſetled maintenance hath ſo far prevailed, that people do openly call thoſe that gather the Tythes thieves and Rogues; and ſay, that they go thieving about to take mens corn, &c. Thus we ſee into what times we are fallen, wherein wickedneſs is ſo advanced by doctrine and practice, that light is called darkneſs, and darkneſs is called light: honeſt men are called thieves, and thieves are juſtified.
And as the frauds and wrongs are uſed where tythes are paid in kinde; ſo it is where there is a rate: a world of fraud in that alſo, beſides refuſal & delay to pay it without law. The fraud is in the concealment of the number of acres: the Landlords rent is for ſo many acres, and ſo many acres there are: But the Tythe-payers have a trick to caſe themſelves in Taxes to the State, to the Poor, to the Church, &c. and to cheat the Miniſter. There is one number in the Seff-book, an other in truth, and in the Land-lords Leaſe.
And in bargaines for things tytheable, as wood, fruit, &c. the true price is concealed, and thereby the Miniſter defrauded.
Theſe are the common frauds uſed and daily practiſed againſt Miniſters, as daily experience, wofull experience, deere bought experience, hath taught thouſands of Miniſters and Impropriators, who have paid very deare for their learning of this Art called Tything-craft, which ſince the Eccleſiaſtical Court hath ceaſed hath been much improved by impunity all the Nation over, through defect of law, to reſtrain and puniſh theſe frauds.
But it will be objected, that theſe frauds are not invited or cauſed for want of law: For by Law (which is the mother of juſtice) the tythe-payer is to prove that he hath juſtly and truly ſet out and left his tythe without fraud or guile: And therefore all theſe tricks will not gain him any thing, if he be ſued and made prove his tythe to be ſo ſet out, and left, and if he fail in that it will be a gain to the Miniſter who ſhall recover treble damages.
To this I anſwer; firſt, that if the Tythe-payer did not intend to defraud, why doth he uſe theſe or ſome of theſe tricks, to conceale his unjuſt manner of tything? &c. They that meane truly and juſtly, will (as much as in them lies) provide things honeſt in the ſight of all men; He that doth evill hates the light; that tithe-payer that of purpoſe endeavoureth to decline the ſeeing his tythe ſet out by the tythe-receiver, is juſtly to be ſuſpected; and daily experience proves them fraudulent.
2 That proof never fails the Tythe-payer though the tythes were never ſo unjuſtly ſet out and left: Ignorant and profane Atheiſts or malicious Enemies to the Miniſter are they that are the cheife witneſſes againſt the Miniſter; one that will trangreſſe for a morſel of bread, that will ſwear any thing to pleaſe his maſter or neighbour: And they that are inſtruments of the Tythe-payers thievery, and help load and carry away the ſtolen tythe, they that are actors in the theft, and gainers by it, ſhall be witneſſes for the Grand-thief: (Ask my fellow if I be a thief;) Will not ſuch ſonnes, ſervants, and neighbours, witneſſe for the juſtification of the wicked Tythe-payer, the principall occupier of the lands? and who can diſprove them, ſeeing all was done in the Tythe-receivers abſence, and ſome tythes left for him?
3 For the treble damages, If the tythe be not wholly deteined, or carried away, there is ſeldome or never any proof of the true value of the tythes ſubſtracted the which Tythe-receiver muſt prove the value of that which his ſervants never ſaw, and who can ſweare the number of acres without ſeeing them meaſured? So that for want of proof the treble damages; (if any be conjectured) come farre ſhort of the true ſingle value of the defrauded tythes.
4 For further anſwer, ſuppoſe the Tythe-payers in a Pariſh be a hundred or two (as more there are in ſome Pariſhes) ſuppoſe it be moſt apparent that they have not left their tythes truly ſet out in the tythe-receivers abſence, but no direct proof of the matter of fact, on the Tythe-receivers part: Now the miniſter or other Tythe-receiver muſt either ſet down with this loſſe or have ſuits of Law againſt two hundred perſons, to make them prove their juſt tything according to Law: In Equiry Courts, the Tythe-payer will ſweare any thing in his anſwer; He that makes no conſcience to be a thief, will make no bones to ſweare falſely; If triall at Law, the witneſſes are commonly, as you have heard; This is a ſad ſtreight a miniſter is in, either to loſe his tythes, and be undone that way, or to be a greater loſer in paying coſts alſo, he not being able to prove a Negative.
5 And for final anſwer, if it could be proved againſt an hundred Tythe-payers, that every one of them had ſubſtracted their tythes to the value of 20 s. it were better for the tythe-receiver to loſe this 100 l. then to ſue at law for it: For though the Law gives the wronged Tythe-receiver treble damages: yet it hath proved a damage to the Tythe-receiver to right himſelfe by the Statute of treble damages: For that the coſts are alwayes included in the damages: ſo that the coſts in journeys, Law-fees, &c. in every one of theſe hundred ſuites will come to more in value, then the treble damages which are given him: That in the end it will appear, that it had beene better for him to have loſt his hundred pounds in tythes, then to have ſued for it; unleſſe a Law be made for treble coſts as well as for treble damages.