1 803.3 Obfirvations on Tythes. 7j 



to him relative to the difagrecaUe fltuation of thofe placed under 

 the ty thing iyftctn. 



" In many places, it is the cuftom for the tythe-owner to re- 

 quire 24 hours notice to go and fet out the tythes *, by which it 

 frequently happens, that though a field of corn be perfectly fit 

 for leading and rtack-ing, yet the cultivator is prevented from 

 embracing the opportunity — and, before the expiration of the 

 24 hours, the rain comes ; and if a feries of wet weather enfues, 

 the crop is often very materially injured. In addition to this, 

 an ill-natured tythe-owner will not tythe a part of a field, but 

 will infill on the whole being tythed at one time. 



" Another hardfliip is, that the courts of law have deter- 

 mined that, after the crop is tythed and the farmer has taken 

 his part away, the tythe-owner may let his (hare remain in the 

 field, and thereby prevent the occupier from turning in any ftock 

 to depafture in the field, or to plow the land for any other crop 

 which he might wifii to put in immediately, as winter tares, 

 rape or rye, for green food in the fpring, wheat after drilled 

 'beans, &:c. ; and the poor injured farmer has no other remedy 

 than by bringing an. action of trefpafs, which, in fuch cafes, is 

 often worfe than the difeafe, as mofi: people who have been 

 forced to feek redrels by law have ever after had occafion to re- 

 .inembcr the fable of the Sheep and Bramble. 



" The courts of law have made another decifion that bears 

 very hard on the cultivators of turnips. — It is admitted, that if 

 turnips are confumed by fheep which pay tythe either in lamb or 

 wool, that no turnip-tythe is due, provided the turnips are eaten 

 as they grow ; but if fevered from the ground^ and eaten not two 

 inches from where they were produced, they are then tytheable. 



" I have been always fo ftupid as not to perceive the juftnefs 

 of this decifion, but clearly undcrltand the great injury and very 

 material lofs to the cultivator, which I have had many occafions 

 to obfcrve, and have as frequently been tempted to think this de- 

 cifion the ne plus ultra of abfurdity, 



" Every farmer, who knows the value of good fold yard dung 

 as a manure, mull materially feel the want of one tenth of his 

 produce, where tythes are drawn in kind j and where it happens 

 on poor land, the lofs is irreparable. 



" Drawing tythe in kind is alfo a very great check to improve- 

 ment in breeding live (lock. It is prefumcd that few farmers 

 would give 500I. for the ufe of a ram for one feafon, or 5 or 10 

 guineas a ewe for being ferved with a firft-rate tup, if he expect- 

 ed that the paribn was to come and chufe every tenth lamb, the 

 value of which was not only derived from the tup but alfo from 

 the ewes, which had been bred probably for 20 years back at a 

 very great expence, and which, on account of thci* fuperiority, 



would 



