TITHE ON TURNIPS. (Hansard, 24 July 1835)

§ Captain Pechell

presented a Petition most numerously and respectably signed by the flock-masters on the Southdowns, and others in the western division of the county of Sussex, praying that a law might immediately be passed to declare that agistment tithe only should be due for turnips pecked up or severed for the depasturage of their sheep. He, Captain Pechell, was aware to what a length the subject of tithes had been carried by a three nights' debate in this House; yet he felt himself compelled to state the hardship complained of by the petitioners in consequence of the Courts having now decided that turnips pecked up in advance of the fold, though consumed on the ground where produced, should pay tithe in kind. The petition was signed by a large party of agriculturists who owned among them no less a number than 38,180 sheep. There were eleven individuals whose flocks varied in number from one to two thousand sheep, and there were fifty-two whose average flock consisted of nearly 400 each. Surely these persons deserved to have their case taken into consideration, and that their very large property vested in farming should be protected. The petition might be viewed as coming from these 38,180 sheep, who begged to be permitted to enjoy their ancient privilege of feeding on turnips uncontaminated by the law of tithe in kind, to which process they have never (till lately) been liable, and they 1074 were now deprived of the tenth part of the food that was sown for their advantage. The question could no longer be considered as one between the tithe-payer and the tithe-owner. Now, Gentlemen opposite need not assume that these petitions had for their object the impugning of the conduct of the clergy; for the question was, whether the law was to remain in the present state when a different mode of cultivating the land had been brought into practice. The law Courts had decided that turnips should be titheable in kind under certain circumstances, which now operate in a most injurious and vexatious manner; and he now called upon the hon. Gentlemen opposite to join with him in bringing in the Bill of which he had given notice, being assured that it was as beneficial to the interests of the tithe-payer as it was to the tithe-owner. He had intended to provide, by the same Bill, for all suits and complaints for tithes under 10l. being heard and determined before two justices; but he had now separated the Bill, and he hoped that this circumstance would not operate to its prejudice, notwithstanding the strong feeling evinced by the House last night for refusing the Motion of the right hon. Baronet (the Member for Tamworth), for separating the Irish Tithe Bill. It was absolutely necessary that the House should take some step towards the settlement of this question, so interesting to the flock-masters of England; and it was equally necessary that a stop should be put to the practice of carrying suits for tithes under 10l. into the Superior Courts. It could not be supposed that this practice should be permitted any longer. If the hon. Member for Lancaster did not know why the tithe-owner proceeded always to levy his tithes in the Superior Courts, he, Captain Pechell, would tell him—that in all suits determined before the Magistrates, only 10s. in costs were given. The hon. Member might probably know how many hundreds of pounds are generally awarded in the Court of Exchequer. He hoped the House would permit him to bring in the two Bills of which he had given notice for this evening; and, on the part of the petitioners, he moved that this petition be brought up.