“By no means,” replied Peterson. “What does the law say?” (Reading.)
“‘And when he comes with his carts, teams, or other carriages, to carry
away his tithes, he must not suffer his horses or oxen to eat and
depasture the grass growing in the grounds where the tithes arise; much
less the corn there growing or cut. But,’” (with emphasis,) “‘if his
cattle do in their passage, against the will of the driver, here and
there snatch some of the grass, this is excusable.’”
“Against the will of the driver,” repeated some. “No thanks to you,
Peterson.”
“It seems to me that making little laws like this is quite fit work for
the pharisees,” thought Mrs. Lambert. “The weighty matters of the law
seem to find no room here, any more than among those that were so busy
with their mint, and anise, and cummin.”
Peterson proceeded. “‘If any person do stop or let the parson, vicar,
proprietor, owner, or other of their deputies, or farmers, to view,
take, and carry away their tithes as above said; he shall forfeit double
value, with costs; to be recovered in the ecclesiastical court.’ 2 and
3, Edward VI. c. 13. s. 2. ‘And if the owner of the soil, after he has
duly set forth his tithes,—’”
“I wish the devil had taken me before I set out the tithe, let the law
say what it will,” thought Mr. Mackintosh. “I wish I had bid defiance to
the law and the fellow at the same time.”
“‘Will stop up the ways,’” proceeded Peterson, “‘and not suffer the
parson to carry away his tithes, or to spread, dry, and stack them upon
the land, this is no good setting forth of his tithes without fraud
within the statutes; but the parson may have an action upon the said
statute, and may recover the treble value; or may have an action upon
the case for such disturbance; or he may, if he will, break open the
gate or fence which hinders him, and carry away his tithes.’ Which is
what I have been and am doing, Mr. Mackintosh.”
“So I perceive.”
“Well, sir. What do you say to what I have just read?”
“That you shall hear in court.”
“You cannot say that I have not, in the words of my authority, been
‘cautious that he commit no riot, nor break any gate, rails, lock, or
hedges, more than necessarily he must for his passage.’ You cannot say
so, sir.”
“I have nothing to say to you,” replied Mr. Mackintosh, stepping out
upon his mangled lawn from the window. “Whatever I have to say relates
to your principal and to his church.”
“Take care how you blame my principal, sir,” said Peterson; concealing,
as desired by the vicar, the fact that these tithes had become his own
property. “My principal, sir, asks no more than his right: and if he is
guilty at all in the eye of the law, it is for requiring much less than
his due.”
Public-domain text, read in full here on John Shaqi.
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