We are thrilled to host this guest post from Dr Paula Simpson, who works at the Wren Library, Trinity College, Cambridge, and who is currently writing a book on Tithe Disputes in Early Modern England: Everyday Popular Protest in the Diocese of Canterbury (Boydell and Brewer).
Scribes – often of professional middling status – held a crucial social role in sixteenth-century England. But the writing undertaken by these scribes did not always occur at a desk in the office or home. I’m interested in the movement of pen, ink and paper between agricultural fields and urban courtrooms and in the records stored in parish chests and household ‘archives’. This post explores the scribal activity involved in recording tithe payment in early modern Kent. Tithes were a form of tax paid to members of the clergy or to lay tithe owners on agricultural produce or personal income. Although strictly speaking the amount due was one tenth, the reality was much more complex. Tithing practices tell us about the interplay between written and oral testimony, formal and informal record keeping and the activities of the middling sort in local communities.
In the sixteenth century, literate people regularly undertook a scribal role for their friends, neighbours and kin. One such person was the local clergyman. In Mersham, Kent in 1583 John Whytinge, vicar wrote out the will of his parishioner and kinsman Richard Batchelor. According to a deposition in a subsequent case in the ecclesiastical courts over this will, his ability to do so had been aided by his ‘having penne, ynke and paper about hym’ which ‘he doth usually carry with him at suche tymes.’
A witness in another case described a presentment (a formal statement for the court) which was written out in the house of Henry Snod of Sittingbourne, where the vicar ‘toke pen and ynke and wrote the words’. When he realised, however, that the accusation was levelled at his own curate he ‘put upp his paper into his bosome.’
We might suppose then that literate members of the community including the clerical profession had ready access to the materials needed to record the last wishes of parishioners as well as for writing other types of document. The wealthier may have owned equipment such as a desk box (a sloped writing desk) or a standish (a stand or case for pen and ink) and those with access to the market and the financial means had access to a variety of writing materials as well as a paper supply. Inkhorns and penners (pen cases) are especially interesting in this context as portable items carried slung from the girdle or perhaps around the neck. This equipment could be utilised for both planned record making as well as impromptu note taking.
I am particularly interested in the way in which Kentish tithe collectors (often clerics) may have recorded agreements, receipts and debts owed to them often in the course of their everyday interactions with parishioners. Unlike wills, as ephemera these notes or notebooks rarely survive but there are telling glimpses of their existence or use in the records of the ecclesiastical courts. The people who produced these records did not usually write to make a living but a certain level of skill and expertise was required to make meaningful records of transactions, whether they were formal accounts or hastily-written notes.
Tithe payment punctuated the agricultural year and sums were paid at particular times in the liturgical calendar. Often this was at Easter, linked to the receipt of communion. In urban parishes those who had paid tithe would be given a token which they would redeem in order to receive the sacraments and receipts would be recorded in ‘Easter Books’.But in other instances deponents also described payments made for acreage for feeding cattle with half paid at the feast of the Annunciation (25th March) and the other half at the feast of St Michael the Archangel (29th September).Payment of tithe in kind could be linked to the birth of animals: another witness named St Georgestide (around 23rd April) as the usual time for delivering tithe lambs or to the seasonal production of particular fruits. Most great tithes were collected at harvest time. The adherence to traditional Quarter Days reminds us that tithe could be an onerous financial burden in addition to other rents that were typically payable at these dates.
Six Preacher and Fellow of Trinity College, Cambridge, Henry Wayland kept a ‘booke of his accomptes or reckoninges.’As the pluralist and often absentee rector of the Kent benefices of Hastingleigh, Ivychurch and Lyminge, he clearly had considerable income to keep track of and which made him a frequent plaintiff in the ecclesiastical courts suing for tithe.
In a long-running dispute Mason versus Paramor (1574-5) which concerned tithing-out (setting aside the tithe owner’s share during harvesting) in the parish of Monkton, the number of sheaves bound together had been carefully overseen and noted down in a book by the plaintiff. Of course, tithe collectors were entirely within their rights to observe and keep such accounts, but we might imagine that on occasion the sight of such noting could have been provocative, especially perhaps to those labouring hard to bring in the harvest.
An ill-tempered encounter took place in the churchyard of Molash in the 1580s. There Ezechias Fogg, vicar of Chilham revealed to his curate Robert Coxon that he would not be renewing his cure at Michaelmas and, showing him a document, confirmed that the small tithes would instead be leased to Christopher Goteley who was also present. Fogg testified that at this point ‘the sayd Coxon offered to snatche the same out of this deponents [Fogg’s] hande and did rent parte of one of the counterpannes and the sayd Coxon did greatly abuse this deponent in speeches.’
These examples suggest that tithe owners used both formal and informal documentation to assert, monitor and defend their right to tithe. Tom Johnson has written about the proliferation of paper flying to and fro between the ecclesiastical courts and the parish in the late medieval period. The situation was no different in the sixteenth century. Apparitors (court officials who delivered summons to court) were often unpopular figures in local communities and the clergy and parish elite acted as intermediaries in this system of ecclesiastical bureaucracy through the system of presentment (though of course they were often the subject of presentments themselves) and by citing recalcitrant tithe payers to court. While it might be argued that these accounting procedures and citations to appear in court were indicative of power relations in a culture where the everyday maintenance of customary practice and tithe payment was still primarily oral, tithe payers were still able to turn these documents to their own symbolic advantage.
Thomas Gardener, curate of Seasalter, described the events of the afternoon of one Trinity Sunday when Mr Marshe, the vicar of Hernhill, had preached in the parish church of Seasalter and after the service came to the vicarage house ‘to drynck and to make mery’. After a while, parishioner John Turnor came to the vicarage gate and asked to speak with Mr Marshe who came ‘yncontynentlye’ out of the house to meet him. Turnor had come to pay Marshe for half a year’s agistment (the pasturing of livestock). It was reported that “… the saide Mr Marshe therupon takinge oute of his purse a pece of paper and after he had looked therupon a whyle then sayde that he did there fynde a mentyon of suche a dutye”.  Turner offered to pay, but the vicar had no change and so Turner had to obtain some in order to make the exact payment to the tipsy cleric. He remained on horseback at the gate for the whole of the encounter. Far from being intimidated by the cleric’s record-keeping Turnor had engineered payment at a time when the tithe collector was arguably at a significant moral and physical disadvantage.
The use of these documents reveals much about dialogue between literate and oral culture in the maintenance of the tithe payment system. While literate culture may have been gaining ascendancy over oral by the 17th century, the Kentish evidence for tithe suggests that the 16th century was very much a transitional period. Take, for example, the case Chillenden versus Thompson in which events on Lady Day in the parish church of Goodnestone (Faversham) were described. William Chillenden had paid seven shillings for his small tithes for half a year. He asked for an acquittance (a written receipt), but the vicar refused instead asking those assembled in the church to bear witness to the payment.
The meaning of bearing witness is relation to tithe payment was very complex. Often payment involved deliberately-staged encounters which took place, often in churches, before specifically appointed witnesses as well as by others who observed events because they happened to be around. Production, consumption and tithe payment was closely observed by the parish community because everyone had a stake in the tithe payment system. Payment was a matter of community concern because of the defining role of custom and precedent.
In court (literate) people were as likely to cite visual and oral testimony as well as drawing on more formal record-keeping. Henry Butler, a previous town chamberlain of Sandwich, deposed in a case over the disputed site of a mill in 1555, that ‘he hath herd his father now deceased about xiiii yeres now past say and report that the wyndmyll before specified is in the parish of Saint Maryes of Sandwich and so the said wyndemyll is conteyned in the rentalles to be in the parishe of St Maryes’. This period is especially interesting then for the dialogue between the two modes. People may have been able to read even if they could not write. They recognised the value of written records by adding their marks to wills and to witness testimonies and in so doing added veracity to the contents.
While court cases often drew on institutional record-keeping such as urban and monastic archives in support of claims for tithe, there is also evidence that yeomen and small farmers and perhaps clergy were beginning to build small personal archives of their own. Scraps of paper, lists and receipts – some of which might be identified as ‘makeshift texts’ – may gradually have built up into small carefully-preserved personal archives probably kept in people’s homes. Whether scribbled notes or fair copies, these records would have been a resource to draw on in times of dispute.
In the case Harper versus Asherste (1573) the defendant, yeoman William Asherste referred to a book of ‘incomings and outgoings’ which had belonged to his grandfather, describing it as ‘verry credible old a book of antiquity’. Here he was bringing to bear all of the notions of veracity and credibility usually associated with the oral testimony and memories of older members of the community but this time to personal written records.
Alongside oral testimony local documentation, including that passed from one clergyman to another, was another resource of community memory. These documents assumed an important authority especially in times of crisis or court dispute. Increasingly such documentation was kept in locked parish chests and regulating access to this knowledge was central to social and economic relationships within the parish community.
It seems then that note-taking and personal archive-building activities were characteristic of the professional middle stratum of society. When created by tithe collectors they reveal the use of these documents as part of the everyday experience of negotiating and maintaining the tithe payment system. These documents were used alongside activities such as perambulation of the parish bounds and obtaining the oral testimonies of older members of the community as the custodians of the knowledge of past practice.
Tithe also reveals the complexity within the social strata identified as middling. It exposes ongoing tensions within this group. Often tithe disputes occurred between clergy and those who were office-holders, or who were from families long-established in the parish, or over religious tensions. Aspirant parishioners – sometimes those we might consider to be members of the same professional middling stratum as the clergy – often clashed with incumbents over tithe payment. Tithe offers then a unique perspective on what it meant to belong to the professional middle stratum.
Furthermore, wealth was not always a significant indicator of this middling status. Clearly some clerics enjoyed high incomes, social standing and were well-educated and lay tithe owners, especially those who benefitted from the dispersal of monastic lands, were usually aspirant and again relatively wealthy. Others, usually vicars or curates, were scraping by on a low income from a relatively poor benefice. Disputes over tithe – a time of rupture in local social and economic relationships – might be a meaningful way to tease out the complexities of those among the socio-cultural status of the middling and of those bound to engage with them.
 https://middlingculture.com/social-statuses-of-early-modern-england/ (accessed 18/02/2021).
 For Kent, for example: Hallam, E. A.,‘Turning the hourglass: gender relations at the deathbed in early modern Canterbury’, Mortality, 1/1 (1996), pp. 61-81; Hallam, E. and Hockey, J., Death, Memory and Material Culture (Oxford, 2006), chapter 7; Richardson, C. (2017) ‘Continuity and Memory: Domestic Space, Gesture and Affection at the Sixteenth-Century Deathbed’ in Buxton, A., Hulin, L, and Anderson, J (eds), InHabit: People, Places and Possessions (Oxford, 2017).
 PRC 39/10, f.151v. See also another testamentary case PRC 39/10, f.166: ‘there being redy provided penne, ynke and paper’. Thank you to Catherine Richardson for these references.
 Bunker versus Newland (1556), PRC 39/3, ff. 23v-24.
 Hamling, T. and Richardson, C., A Day at Home in Early Modern England: Material Culture and Domestic Life, 1500-1700 (Yale: New Haven, 2017). A book of rates dated 1552 lists a wide range of commodities for writing, p.159.
 For examples see http://collections.shakespeare.org.uk/search/museum/strst-sbt-1994-22/view_as/grid/search/everywhere:desk/page/1 (accessed 17/02/2021); http://collections.shakespeare.org.uk/search/museum/strst-sbt-1993-31-3/view_as/grid/search/everywhere:standish-117245/page/1 (accessed 17/02/2021); https://collections.museumoflondon.org.uk/online/object/435206.html (accessed 17/02/2021); https://collections.museumoflondon.org.uk/online/object/118933.html (accessed 17/02/2021)
 For example CKS PRC 39/8, f.21v; X.10.16, f.69v.
 Wright, S. J. ‘A Guide to Easter Books and related parish listings’, Parts 1 and 2, Local Population Studies, 42 (1989), pp. 18-31 and 43 (1989), pp. 13-27. There are no known Easter Books extant for the diocese of Canterbury.
 For example Merricke versus White (1586-89), CKS X.11.1, ff. 195v-196r. Also Lane versus Cheeseman (1598), CKS PRC 39/22 f. 58r.
 Ducklyng versus Symonds (1573), CKS PRC 39/6, f.229v.
 Hawks versus Hawkins (1572), PRC 39/6 ff. 128-30, 144v-6, 149v-50, 172v-9r.
 There are numerous examples of dispute over tithing out. See Simpson, P., ‘Custom and Conflict: Disputes over Tithe in the Diocese of Canterbury, 1501-1600’, Phd University of Kent (1997), pp. 99-116.
 CKS X.11.6 ff236v.
 Mason versus Paramor (1574-5): KCC DCb X.10.16 f. 21v.
 Goteley versus Coxon (1588), CKS X.11.1, f. 221v. The ‘counterpanne’ is the copy or counterpart of an indenture.
 Johnson, T. L., ‘Legal Ephemera in the Ecclesiastical Courts of Late-Medieval England’ (Open Library of Humanities, 2019) Vol. 5, No. 1. pp. 1-17.
 Ingram, M., Church Courts, Sex and Marriage in England, 1570-1640 (Cambridge, 1987), pp. 56-64.
 Turnor versus Lakes (1571-2): KCC DCb PRC 39/6 ff. 125v-6.
 Chillenden versus Thompson (1561): X.10.8, ff.11v-12.
 See Simpson, P., ‘Custom and Conflict’, chapter 3.
 Saunders versus Cosby (1555): KCC DCb X.10.6 f. 114r.
 See Waddell, B. ’Writing history from below: chronicling and record-keeping in Early Modern England’, History Workshop Journal 85 1 (2018), pp. 239-264 for the notion of the ‘makeshift’ archive’. See also Walsham, A., ‘The social history of the archive: Record-keeping in early modern Europe.’ Past and Present, 230 Issue suppl_11 (Nov, 2016), pp. 9-48, esp, p.41.
 Harper versus Asherste (1573): KCC DCb X.10.14 ff. 122v-4.
 Wood, A., The Memory of the People: Custom and Popular Senses of The Past In Early Modern England (Cambridge, 2013), especially pp. 256-271. See for example KCC DCb X.3.3 pt. 1 f. 95v which describes documents borrowed from the parish chest for personal perusal.
 See Simpson, P., ‘Custom and Conflict’, chapter 5.
 For example the encounter described above between Ezechias Fogg (graduate of Oxford, gentleman) and curate Robert Coxon. It is worth noting here that the small tithes were instead given to Christopher Goteley who was denounced by Coxon as a ‘papisticall fellowe’ and who had himself been the defendant in a tithe case brought by Fogg.