AND CIRCUMSTANCES RELATING TO THE CONDITION OF THE IRISH CLERGY j v OF THE ESTABLISHED CHURCH, AND TO THE PRESENT STATE OF IRELAND BY THE REV. T. S. TOWNSEND, Rector of Timogue. DUBLIN: WILLIAM CURRY, JUN. AND COMPANY SIMPKIN AND MARSHALL, LONDON- v*- / i :*/ f ■ • • : i r »-* f .1 L . - r - -> t • .. »' k 1 i / f / t. , ) 11 r { i >r •j • *- t.- i r ^ (v* c 1 * » / • V V J * i *' ‘ » >i * j . j •, • • • • - * -» * , ' / .> t v; • r ' r -> i I r ; « i,- 2 _ 8 3 . ° 0 T U (*l PREFACE, r .. - > . . . ., r .*. -i c . J :i The task which the writer of the following A » ' pages has attempted, could indeed have been executed with infinitely greater ability and better effect, by almost any of his suffering brethren; but convinced as he is of this fact, he does not deem it the less advisable to endeavour to remove, as far as he can, some portion of that mistake and misapprehension, which appears to have gained ground respecting the Irish Clergy of the Established Church. ' : ■ U - 1 Of the many who are able by their great talents, acquirements, and powers of reason, to do ample justice to the state of affairs in Ireland, with respect to the Clergy, the peculiar circum¬ stances of uneasiness and privation in which most of them are placed in a great degree dis- IV qualify them—it is not, however, to supply their places, or to do any thing like justice to the subject itself, that the author has ventured upon the sketch of facts and circumstances which fol¬ lows, but, until something better may appear, to prevent the statements of hostility, prejudice and bigotry, which have gone forth, from taking a fixed hold on men’s minds, who have as yet been denied better authority respecting the true circumstances of the Irish Clergy. The intrinsic importance of this subject is great;—the author has not the presumption to fancy he could enhance that, by any thing which he could do—on the contrary, his apprehension is, that it must suffer in his hands, even though he scarcely proposes to do more, than to attract to the situation, as well as to the sufferings of the Irish Church, the sober consideration of the Protestants of the united kingdom. In many particulars he has fallen far short of the object intended, which he is convinced others of his V brethren would have attained without difficulty; but if there be not a feeling in the hearts of all Protestants, ready to respond in sympathy and conscientious interest to the state of the Irish Clergy, almost without present incomes, and quite uncertain as to the future; it would be a * vain hope to expect much from any statements, however authentic or well founded in themselves, or however strenuously, or anxiously put forward. How far these remarks may be called for, the writer of them leaves to others to judge, merely expressing his own opinion, that the Established Church in Ireland stands, to all human appear¬ ance, in greater peril, as well as in greater difficulty, at this moment, than she has done at any period since the Reformation; he also begs leave to add, in apology for the defence of her temporalities, which principally occupies the pages which follow, that he indeed considers them where they ought to be, altogether secon¬ dary and subordinate to her spiritualities ; but vi he cannot help thinking both so intimately con¬ nected, that the destruction of the one must materially affect the other, and that the attack upon the former, amongst other objects, is prin¬ cipally with a view to injure and depress the latter. CHAPTER I. The present condition of the Established Church in Ireland is so very singular in its sufferings, that one is naturally led to enquire the causes which have nearly stripped an entire class of persons of their properties, almost without a struggle, or the majority (except those immediately concerned) appearing to be aware of the dangers which were closing round, not only their interests, but their very existence. Falsehood and violence appear indeed to have gained a strange triumph over truth, justice, and policy; and with the most profligate agency that ever obtained a wicked success, they have almost laid in ruin one of the most noble in^ stitutions that ever was founded for the preser¬ vation of a pure Religion amongst mankind. The facts, by which so extraordinary a result was effected, are pregnant with much instruc- , B tion. They are but little understood, especi¬ ally by the great body of our British fellow- subjects; for falsehood and fraud have never ceased to interpose such a cloudy atmosphere of lies between the truth, and those, especially, who stand at a distance from the passing trans¬ actions in Ireland, as to present delusive ap¬ pearances, in the place of actual realities, and to impose the fabrications of a bold and daring calumny, for authentic events and circum¬ stances. . . Placed in a land which is the strong hold of superstition, and where the preservation of ignorance, from the injuries which light and intelligence bring with them, is necessary to its existence, the Church in Ireland could not, in the natural course of things, but have nu¬ merous and adventurous enemies encompass¬ ing her on every side. The scheme of their hostility never intermitted—for the purity of her doctrine, and the assiduity with which (particularly of late years) a large portion of her clergy w r ere faithful to the sacred duty of endeavouring to spread abroad, throughout a land of darkness, the blessings of that truth, of which she might safely be pronounced to t 3 have been so long the depository, rendered even any suspension of hostility a dangerous moderation; therefore, from the day that Dr. Dromgoole sounded his trumpet in the Catho¬ lic Association, and announced that <£ the co¬ lumns of Catholicity” were in full march against the “ law church”— sc the novelty,” as he called it—to the last pastoral of Dr. Doyle, and his traductory evidence lately before the Com¬ mittees of Parliament, the war lias been push¬ ed against the Established Church and the Clergy, without a perceptible pause in the artil¬ lery of calumny, vituperation, and unfounded assertion; at the same time that lawless power was obtained to realize prophetic menaces and denunciations against the lives of the latter. A press, conducted by ardent and interested partizans—reckless in assertion, and unsparing in obloquy—demagogues of tried experience in all manner of rhetorical artifices , vied with each other in keeping up vollies of invective— generally gross, scurrilous, and unfounded; and as every offensive imputation was over¬ thrown—every accusation defeated—every im¬ peachment contravened—and every assertion falsified—in short, as every statement deroga- 4 tory to (lie clergy became exposed, and the malignity and falsehood of it established, im¬ mediately another was brought forward—until, at length, all shadow of justifiable arraignment appears to have been abandoned, and, openly and boldly, the ruin of the clergy, and the destruction of the church are required, upon no pretence more solid and defensible, than that their enemies demand them. The revolution¬ ary engines which were employed to accom¬ plish this, in alliance with those which were worked by spiritual rancour, wrought up the passions of a superstitious and turbulent popu¬ lace, in the course of time, into a state border¬ ing on the wildest enthusiasm; and against hostility, in this new and unexpected form, there was no making any other stand than what the laws of the country could aftord, or, if these were wanting in vigour to meet so ex¬ traordinary a state of things, what the wisdom of Parliament could supply. What sort of stand either of these resources have enabled the clergy to make, it is hardly necessary to observe upon. The religious antipathies of the ignorant were not alone relied upon for raising up a host of fraternized adversaries against the clergy—their cupidity was also appealed to ; and to this Dr. Doyle, accordingly, specially applied himself, for inciting the peasantry to a perseverance in their attacks upon the proper¬ ties of the clergy, by imposing on them, as a truth, the fallacy of the tripartite and quadri¬ partite division of tithes, and also the allega¬ tion that the clergy had, by retaining all the tithes of their parishes, robbed the poor of a proportion, rightfully applicable to their re¬ lief. It is hardly to be conceived that a man of Dr. Doyle’s acknowledged abilities, could have t imposed such a fraud upon his own understand¬ ing, before he attempted to mislead that of others—but the infidel Gibbon says, <€ that whenever the spirit of fanaticism, at once so credulous and so crafty, has insinuated itself into a fine mind, it insensibly corrodes the vi¬ tal principle of virtue and veracity.” What may have influenced Dr. Doyle to hazard a scheme of argument, upon authority weak and defective in every step, it is impossible to say; but it is now of little consequence to inquire, after the complete and able exposure of all the 6 fallacies of his authorities, as well as his rea¬ soning's, by Dr. Newland, who has met him on his own grounds, and defeated every pro¬ position which he has advanced, and every conclusion which he has made. The same Right Rev. Gentleman seems to have devoted himself to the interests of his cause after a manner which is more likely to leave behind ra¬ ther a new example of zeal, than one worthy of imitation, for he appears to have been more anxious to state what he wished, than what he could prove. He has not scrupled to make the most sweeping charges against the clergy—he has had no hesitation in stating those in Ian- * guage as illiberal, as the charges themselves were generally unfounded. In his evidence before the .Lords, he is reported to have stated, in giving his reasons for the resistance to tithe :— “ First, the oppressive nature of the tithe, as it effects agriculture and industry; secondly, the exactions on account of tithe by the Protestant incumbents and their proctors, ex¬ actions which went beyond the law , and produced on the part of many individuals, particularly of the poorest class, suf¬ fering of the most acute kind.”— (Evi. Lords. 325 .) He accused the clergy of the Established Church of crimes not less serious than spo- 7 Hation, robbery, and extortion ; but notwith*- standing that lie did make those accusations, so little qualified by justice and generosity, in his evidence before the Committees, yet when called upon to substantiate any of the numerous charges he brought forward, he ap¬ pears to have altogether failed in doing so. This incapacity can scarcely be attributed to this Right Reverend polemic’s mercy, in sup¬ pressing any information which he may have received to the disadvantage of the Protestant clergy, or (had such charges any foundation) to any want of abundant information; as, no¬ toriously, the whole Roman Catholic priest¬ hood were indefatigably occupied in the honor¬ able office of supplying him with all the stories and tales, which the secret inquisition they can employ into the affairs of every family, retain¬ ing Roman Catholic servants, enables them to collect. As a strong example of the nature of the information, procured by such unworthy means, presents itself in the case of the Rev. T. Vigors, Rector of Powerstown, it is worth while to make some extracts from the parlia¬ mentary evidence respecting him, and particu¬ larly as this was almost the only case which 8 was specifically and distinctly brought forward. As the extract, however, is too long for this place, it has been placed in an appendix, (a) Again, the incorrectness of the Doctor’s in¬ formation is demonstrated in various state¬ ments which it has suited his purpose to put forward year after year, respecting the incomes of the clergy. All those are so enormously exaggerated, that with a knowledge of the fact* it is not easy to understand how any man of Dr. Doyle’s station and credit could have descended to so low a help to his cause, with¬ out referring to Gibbon’s opinion again, as a solution of the difficulty. Can any man sup¬ pose that he had never the curiosity or the ho¬ nesty to inquire into statements which he has been boldly disseminating throughout Europe for so many years, and which, if he did wish to be informed about, the average of his own diocese would have shown him in half an hour the true and exact state ? But the truth of those statements was of little importance, pro¬ vided an outcry could be raised at the right time and in the right place, and provided it would open the attack, which could no longer, without danger to the Romish Church, be de- 9 layed, on account of the increased zeal and abi¬ lity of the members of the Established Church, in endeavouring to open the eyes of their de¬ luded and ignorant countrymen to the errors and soul-destroying bondage of popery; and decidedly a more unexpected, and at the same time a more emphatic testimony to the improve¬ ment of zeal in the gospel service, which has taken place within the last few years amongst the ministers of the Established Church in Ire¬ land, was never borne, than that which Dr. Doyle himself has left on record in part of his Evidence, where, having been alike beaten out of his division of tithes, and his charges against the clergy, he admits the true cause of hostility against them. In his Evidence before the Com¬ mittee of the House of Lords, he is reported to have stated, “ The Protestant Clergy, though many have personal pro¬ perty, still generally are solely dependant upon their livings; they have only a life interest in them ; they generally have large families, and are obliged to live with economy, and to husband all their resources, in order to educate their children and make some provision for them—their expenditure must therefore be small; then as to their benevolence, there are several of them who are extremely kind , and their wives and children, I believe, are not less well disposed: latterly, un¬ fortunately for themselves and for the peace of the country, B 5 10 they have almost universally been influenced by over zeal in religion, and while with one hand they scatter a few benefits, with another they sow discord, and the Clergyman and his family are amongst what we call proselytizers, who disturb the peace of the people, and do a vast deal of mischief while they do some good.”— (Evi. Lords. 343.,/ Again, in his Evidence before the Committee of the Commons, he says, “ But besides this abuse of the trust on the part of the Protestant Clergy, and the nature of tithe being an oppres¬ sive tax upon human labour, capital, skill, and industry, there have been special causes of late years at work to pro¬ duce a violent degree of animosity in the minds of the Ca¬ tholic people of Ireland against the trustees of this fund. These trustees, or the Protestant Established Clergy, have of late years raised very generally, where they could do it, the amount of tithe, and have employed in the collection of it farmers or proctors, who resorted, I will not say to unjust means only, but to means of the most tyrannical and cruel hind; these in many instances occurred with the knowledge of the Clergymen, and not being prevented by them, nor the proctors arrested by them in the exercise of those cruelties, the people naturally transferred the hatred which they bore to the proctor to the Clergyman. There was also an effort made a few years past to propagate in Ireland what was called the New Reformation. The Clergy of the Established Church may be divided into two portions, one leaning to Calvinistic doctrine, and the other adhering to the letter, and perhaps the spirit, of the thirty-nine articles. But this Calvinistic party have undertaken to convert us, forsooth, from Catholicism to Protestantism, and in making efforts to do so, they have not failed to speak all manner of evil things of the Catholic Clergy and people, to misrepresent inces- 11 santly and grossly, and to calumniate, in language that ought not to be used by gentlemen, our persons, our doctrine, and our discipline. They imputed to us in their meetings, doc¬ trines which we abhorred ; they told the people that we wrote and said the most monstrous absurdities; and they told this to a people who every day read their own catechisms, and read their -own books of common prayer, and heard me and such as me expound the gospel, and teach the Catholic doc¬ trine, and thereby teach them the opposite of what these new reformation gentlemen imputed to us. The people therefore saw, and necessarily saw, that they were calum¬ niators. Great numbers of the Protestant Clergy, nearly the entire of the Calvanistic party of them, having combined with some nameless strolling people to disseminate these ca¬ lumnies against the Catholic people, their Clergy and doc¬ trines incurred on that account the deep-rooted aversion, if not hatred of the people. It was not only in this they erred, but we have had a contest for many years upon the subject of education, and whenever the Catholic people on account of it were vexed, and troubled, and injured, they traced the vexation, trouble, or injury done to them, to the direct or indirect interference of the Protestant Clergy. While our Catholic question, also, was pending before Parliament, they generally, though not universally, took an active part against us ; and when the ascendancy party, in the last struggles to maintain their privileges, formed Brunswick Clubs, these Protestant Clergy made themselves conspicuous and promi¬ nent. All these things combined—the violation of trust, the appropriation to themselves of the property of the poor, the calumnies uttered at their religious meetings, their inter¬ ference with the education of the people, their opposition to the emancipation of the Catholics, and an effort to maintain ascendancy where the law said there should be equality—all these things they did, and all these things prepared the Ca¬ tholic people of Ireland to give to them, in their temporal 12 interests, all the opposition which was possible, consistent with the non-violation of the law.”— (Evid. Com. 3044 .) Although sarcasm and invective so highly pervade this inflamed passage, it is not, how¬ ever, on this account, that it merits any notice, but because, harsh and splenetic as the author was when he uttered it, he unwillingly divulg¬ ed the real motives which gave fury and direc¬ tion to his more sober antipathies. The zeal which the clergy of the Established Church manifested in all directions for the propagation of truth, alarmed the Romish clergy—they roused themselves in all quarters to oppose the effects of missions, and preachings, exhor¬ tations and Bible Societies; and as they did not venture to meet their opponents upon the grounds of doctrine, they resolved to encounter them with what they conceived was a more formidable mode of disputation—the physical strength of the Roman Catholic peasantry. Dr. Kelly, the titular Archbishop of Tuam, anathematized the circulation of the Holy Scriptures—others of the Romish hierarchy were not less strenuous in expressing their hostility to the spreading of the Word of God amongst the ignorant multitudes, with the sal- 13 vation of whose souls they claim to be en¬ trusted. Pastorini’s Prophecies became re¬ published and circulated—and Dr. Doyle’s Pas¬ torals soon followed, as well as his other po¬ litical disquisitions respecting* the state of Ire¬ land. The properties of the church and cler¬ gy may have long remained unmolested, were it not for the effects which the Christian zeal of that clergy was likely to produce; and therefore the most ingenious, plausible, sophis¬ tical and intrepid of all the Roman Catholic controversialists, thought it high time to turn the full force of his talents and authority, against tithes, and to bring the war into the enemy’s quarters. Neither the tripartite, nor quadripartite division of tithes, nor any of the causes subsequently resorted to, to justify the outrage, had any real influence in producing the attack upon the property of the church. In addition to the primary one of opening the trenches against all Protestant property what¬ ever, the true reason is, that which Dr. Doyle did not labour to conceal while he was giving a copious indulgence to his settled principles of aversion to the Established Church. Had the clergy of the present day slumbered in the 14 comparative inaction which was imputed to them some years ago, they might have continued to enjoy their incomes from tithe in quiet and re¬ pose—and the 44 Catholic people” would never have been lectured and inflamed into the per¬ suasion, that they were 44 vexed and troubled” 44 by the direct and indirect interference of the Protestant clergy,” and that this clergy had been guilty of a 44 violation of trust, and the appropriation to themselves of the property of the poor.” That the clergy of the Established Church did oppose themselves to those false assump¬ tions, upon which the Roman Catholics and their partizans lately rested their political claims, is admitted. They could not have conscientiously stood neutral during a struggle between the constitution and the ambition of the Roman Catholic Church. Their position gave them a closer and a clearer view of the favourite objects of that church, than the Pro¬ testant laity could be supposed to possess. They are professionally engaged in the consi¬ deration of those fundamental points, upon which their own reformed church differs from the Romish. They are constantly reminded 15 by facts presented to their minds of the his¬ tory of the great struggle between them—The invincible arguments of the early reformers form part of their ordinary studies—a close in¬ spection of the present state of the Church of Rome—a watchful attention to its policy—the influence of its teaching and authority upon society in regard to civil liberty—all those things never cease to be pressed upon the attentions of the clergy of the Established Church, who with such motives for vigilance, and with such sources of information as they possess, could hardly be expected not to have come forward in the expression of their opi¬ nions. It is perhaps the only truth which has substantial existence among the ill-favoured fancies and shadows which crowd this part of Dr. Doyle’s testimony, that the clergy, as a body, did oppose the granting of political power, loosely, to a great religious party in the state, whom they had better reason than others for knowing, and who would make the first use of it, by employing it with the bitterest zeal against themselves, their rights and their pro¬ perties. How far they were justified in the opposition they made—how far they magnified 16 the dangers they dreaded—in fact, how far events have confirmed the soundness and truth of those opinions upon which the clergy acted, the present state of things in Ireland, with all the auxiliary evidence of speeches, writings, exclusive dealings, seditious meetings, and persecutions of Protestants, speaks trumpet- tongued. But should the condition upon which the in¬ comes of the clergy are to depend, be, (as Dr. Doyle seems to insinuate) that they should abandon their duty as ministers of the gospel, in endeavouring to make known that Gospel to their deluded countrymen, and bribed by an ignominious compact of quietly enjoying their tithes, should close their eyes, and shut their lips, in compliance with the words of man, but in di¬ rect opposition to the word of God —upon such flagitious terms, it is indeed devoutly to be hoped, that one shilling of tithes shall never again be paid in Ireland. Or if they are to be so dependant upon the “ good will” of the “ Catholic people” for their means of subsist¬ ence, that every assertion of their rights as citizens—every expression of their opinions as freemen—and every exercise of their privileges 17 as British subjects, should cause (as Dr. Doyle expresses it) such a “ general alienation of the Catholic people from the clergy through¬ out the country,” as to endanger those means— the condition of a West Indian slave would be free, compared with an Irish clergyman. One would be led to suppose that the payment of tithe was not a matter of right, but of favour , and that when the favoured party disobliged their masters, they were punished accordingly —one would imagine that we were already be¬ neath the iron grasp of a popish government, when the public expression of men’s opinions, the conscientious exercise of their judgments, and the wicked fact of being accessary to either the circulation of the Bible, or the di¬ vulging its contents, is seriously brought for¬ ward, as a sufficient reason for reducing those men to ruin and beggary. Surely, let Protes¬ tants differ as they may amongst themselves, as to the use, or policy, or even propriety of such measures, if there is one spark of that noble spirit remaining which shone so conspi¬ cuously in their ancestors—that spirit which so often brought them forward at the expense of their best blood, as the champions of civil and 18 religious liberty, they must protest against a principle, which in the first place involves in it such atrocious tyranny to the individuals con¬ cerned ; and in the next place, insinuates that they owe to popish favour, forbearance, and liberality, the support and maintenance of their institutions. 19 CHAPTER II. As it is proposed to represent the condition of the Established Clinrch in Ireland, at the present juncture, it should not be concealed, that the number of those ready to legislate, in order to insure her final declension, comprises a considerable portion of the Irish public, the great majority being of the Roman Catholic persuasion. However, it is a rare thing to see the downfal of a church and her clergy con¬ templated with as little remorse as the abate¬ ment of a common nuisance, such as the Ca¬ tholic Association has been, and such as vari¬ ous other things now are, which are allowed to exist at present. A rustic democracy, headed by intriguing priests, and supported by dema¬ gogues, has, comparatively, destroyed the in¬ comes of the clergy—and acting upon what is characteristic of all democracies, whether it be 20 composed of the highest grades of society, or of all conditions whatever, it is equally shame¬ less as it is fearless—and that degree of will , which its supporters would not allow to a king, they never fail to exercise themselves, in a man¬ ner as unlimited, as the prevailing passion or even phrenzy may dictate, and to set it up ab¬ solutely as the standard of right and wrong. Without any title to civil power of any sort, and employing usurped license, as much to its own injury as that of others, the democracy, which has plundered the Irish clergy, now de¬ mands, by means of its political functionaries, a submission to its will, even from those in whose hands the power of the state is constitu¬ tionally vested; whilst the democracy itself is, in fact, a prey to the cupidity and the ambition of the worst of demagogues, and the most in¬ sidious of sacerdotal counsellors. Heretofore the best and wisest of the commen¬ tators upon our constitution, held it as a max¬ im, that the property of the church and clergy was incorporated and identified with the great mass of private property, of which, as Mr. Burke observes, “ the state is not the proprietor either for use or dominion, but the guardian only and 21 the regulator.” The true principles of English freedom produce constitutional motives, as well as those also which arise out of the higher authority of religion itself, against turning a body of clergy, independant, in their own right, to their property, first into beggars, that at best they may ultimately become so many ecclesi¬ astical pensioners; and yet a wicked combina¬ tion, by murder, blood, and outrage, has been able almost to accomplish what no constitutional power, vested in the legislature could do, without a reference to its metaphysical omni¬ potence, in order to avoid any appeal from its injustice. And under what circumstances is this act of tyranny attempted ?—it is not during a long and wasting war—it is not when the state is making great exactions for the common security, against such dangers from abroad as, a few years ago, it was the fate of the British people to contend against—but it is at a period when the nation is at peace—when the internal traffic of Ireland has increased—when the mid¬ dle ranks of her inhabitants are gradually and wonderfully extending—when those who have concentrated their power within the bonds of the combination referred to, the Roman Catho- lies of Ireland, have so increased in wealth, as to pretend to a leading monied interest in the country—as to be able to raise immense con¬ tributions for all purposes peculiarly their own —as to be able to bestow upon their clergy of all ranks munificent stipends—to construct, throughout the whole country, splendid temples of prayer—to reward their political champion and primary agitator with an income, exceeding that of the President of the United States of America—to support an extensive press—and to endow superfluous funds for the persecution of their competitors, as well as for the support of their own agents and instruments. It is now, in this “high and palmy state” of their power, that they are demanding the demolition of the church establishment, as burdensome and oppressive—that their delegates in Parlia¬ ment limit their clemency to allowing the Pro¬ testant clergy to die off to a certain standard, such as they may approve of, and then to be placed upon a footing with the excisemen. Their orators and politicians are, indeed, work¬ ing hard to promote what they calculate is like¬ ly to circumscribe the Gospel labours of Pro¬ testant clergymen—they propose to keep the number down to such a reduced scale, as may leave no leisure from the formal duties of the church, so that superstition may fear no inter¬ ruption, nor ignorance no instruction—they at¬ tempt, as it were, to fix for ever the number of those whose profession of faith is founded on the Bible, and to appoint the precise quantity of congregations who shall belong to the Reformed Church—they want almost to yoke down to an arbitrary estimate of their own, the Protes¬ tant people of Ireland, and to fix a standard number at which they shall remain for ever— and they propose to permit as many clergymen as they may think just sufficient for such a number, to be preserved from starvation, by such salaries as they shall think fit to allow them. Really, the wondrous facts respecting the Established Church in Ireland, which are at present staring us in the face, almost exceed the inventions of the most prejudiced and un¬ friendly imagination. But can all these things pass in Ireland and produce no effects in England? Impossible— examples of violent undertakings we know are contagious things in modern times; and should the Church of Ireland succumb under that 24 fate, which has all but overwhelmed her in her temporal interests and concerns, is not that church, with which she is altogether identified, in some danger in England ? True it is that there are some hollow apologies making for her, which are denied to her “ other self’ in Ireland. But who is answerable for the con¬ tinuance of this disposition, or for the observ¬ ance of those promises respecting the preser¬ vation of her privileges? Nobody—they are but the deceitful verbiage of newspapers, and that for the day—nobody owns them. But let it be supposed that some person, either high in power or considerable in weight, were to at¬ tempt to make a distinction, where there is really none, between the Church of England in Ireland and in England, and to imagine that one may maintain herself, and the other be left to float down the rough current which is ready to bear her to her anticipated ruin—what would follow ? First, that the Union between Great Britain and Ireland would be thereby so deeply violated in a grand and essential point, as to be, according to the laws of contract, dis¬ solved—and, according to the moral weight of reciprocal obligations, annulled—there would 25 be no union speaking upon fair and comprehen¬ sive principles of right and justice—even though the routine of things were to proceed in their present course, it would not actually exist, be¬ cause the Protestant parliament of Ireland was a party to the union, during the Jacobin war f to preserve their church and their religion, as they were circumstanced at the time of the compact; this stipulation formed an essential part of the union : and are the pastorals and pamphlets of Dr. Doyle, and the “ wit and talent” of his religious disciples, to destroy this essential part ? Is parliament, deferring to the desires of such parties, to act in direct opposition, nay, to the very annihilation of the article in the act of union ? Those are serious considerations, for it is quite apparent that a large majority of the Protestants of Ireland exhibit any thing but a dull submission to the adversity which has overtaken them. One of the arguments made use of at the time of the union (it is upon record, and any man may put his linger upon it) was, that by the incorpora¬ tion of the two countries legislatively and poli¬ tically into one, the Protestants would then constitute a vast numerical superiority, so that c 26 no injury could ever result to the Protestant religion or the church instituted for the pure administration of it, even though political eligi¬ bility should be bestowed upon the Roman Catholics. Now it may fairly be asked is this understanding about to be kept ? If it be, the Established Church in Ireland must be supported, and supported unmutilated and unimpaired— yes, must, if there be truth, justice, or ordinary honor in Great Britain ; to say nothing of policy —to say nothing of any higher obligation aris¬ ing from religion itself, the paramount object of human consideration. If the Church of Ireland should be broken down, notwithstanding the guarantee for her preservation held out by the act of union, it is again asked is the Church of England safe? far from it; those who look abroad see suffi¬ cient indications inauspicious to her repose; each of the united and identified churches stand upon the same basis—namely, truth—that is their common foundation. How can truth be extinguished legislatively in Ireland, and pre¬ served in England ? There is but one founda¬ tion for any church—truth, such truth as is in accordance with the Bible; although in this age 27 of infidelity and latitudinarianism some politi¬ cians may, perhaps, take other views of the subject, preferring what they conceive notions of expediency and policy to scriptural truth; and reasoning as if religion were a civil convenience or a human invention, and not as that upon which all success in this world, and all hopes in the next, altogether depend. It is from such a principle that the monstrous assertion, so pre¬ valent at the present day amongst a particular party, has arisen: namely, that because the majority of the people of Ireland are Roman Catholics, therefore the Established Church should be Roman Catholic, and not that of the minor numerical sect. If this be true, Hin^ dooism should be the established religion of British India, or Mahometanism of Persia; indeed, in almost all cases, Christianity should give way before the more numerous followers of Idolatry. Once this principle be admitted, that the religion of a country should be decided by the numbers of its followers, and not by the truth of the religion itself, and there is an end to every distinction between what is true and what is false, or any other rule of ac¬ tion, but that which any mob, no matter how 28 vicious, ignorant, or depraved, may choose to set up for themselves. The lowest and least informed constitute the majority of human be¬ ings in every state; and surely it is, even in a mere worldly and political sense, a proposition quite extravagant in itself to say, that if this low and ignorant majority should think proper to prefer any religion, the intelligent and the informed, who constitute the minority of every society, are bound to adopt that as the esta¬ blished religion of the state, and which, as the es¬ tablished religion, has a right to be nationally supported. It may be observed that in case of Hindoo- ism or Mahometanism, &c. &c. being the re¬ ligion of the multitude, as they are Heathen¬ isms, they should not be maintained to the pre¬ judice of Christianity, whereas the same ob¬ jection does not apply to Popery, that being a creed of Christianity. The remark, though it has often been made, does not affect the prin¬ ciple of deciding the national religion by the numbers belonging to the sects, and not by the doctrine of any of the sects themselves. When we come to measure Popery by the only stand¬ ard by which it can be truly estimated—namely, 129 the Holy Scriptures —although it does profess to know Christ, yet it appears so far from teach¬ ing men according to him the way of salvation —it surrounds itself by such “ a refuge of liesf that the proportion of truth it contains is just sufficient to answer the purpose of effectually blinding men’s eyes, and preventing an enquiry, which but for this semblance of truth, they would, perhaps, not be unwilling to make. It resembles the thin and flimsy covering of gilding, which conceals the baser metal underneath, and prevents men from enquiring what that metal is, provided the eye be satisfied with the resem¬ blance to real gold. This view of the question no doubt the sweeping liberality of the present day will call uncharitable, and the language un¬ becoming a Christian ; but we are here dealing with a system , and however we may humbly hope that there are individuals professing to ad¬ here to it, who though in form belonging to it, yet in spirit have seen the true faith, and laid hold upon it, still, as a system, we are bound to say, that the subject is of too much importance to be considered in reference to hu¬ man opinions, and therefore we must go “to the law and the testimony” to decide for us; 30 and if, when conscientiously brought to that un¬ erring standard, we find Popery “ wanting,” we have no right either to disguise or qualify the result. Perhaps some of those who may be most ready to raise their voices in condemnation (as has been before observed) of what is so op¬ posite to the liberalism of the times, might be less inclined to do so by calling to mind that the great majority of Protestants, and possibly they themselves, have, at some period of their lives, sicorn that this very same Popery, which they are now so ready to lift upon their shoulders and place above all that was heretofore valued or estimated, was nothing less than “ damnable and idolatrous either of which expressions would go the full length of placing it where the parallel allusion originally put it, on a foot¬ ing with any of the other delusive superstitions of the world. These remarks, it will be at once seen, are addressed to Protestants, and to them alone ; and in considering the part it becomes them to take in the maintenance of Popery, either here or elsewhere, the question simply resolves it¬ self to this, if Popery be in accordance to the Word of God it should be supported—if it, is 31 not , woe unto him that either publicly or pri¬ vately seeks to uphold that which he believes to be a false religion either in whole or part; he is doing that which he must know and admit is at direct variance with the commands of God: and so far should the number of its fol¬ lowers be from affording any conscientious Protestant an argument in favour of its support, that the very contrary should be the case, for it furnishes the very best reasons for encreased diligence and zeal, in supplying every possible means of endeavouring to awaken so many from their delusions, and of rescuing almost a nation from ignorance and superstition, and therefore ruin. It should be borne in mind throughout not only what has been said, but what is to follow, that the question is not how far the Roman Catholic Church should be tole¬ rated, or not interfered with, but it is whether it shall be paramount in Ireland, and that too accomplished by the previous destruction of the Protestant Church. Even, however, supposing that the result does not go the full length of the utter destruction of the latter, the question comes to this: whether a true church, and a false church, (because churches so utterly dif- ferent cannot both be true,) shall be set up, side by side, in the same country, equally supported, protected and encouraged, by the legislature ? The proposition is indeed absurd—and yet any act of government which in any way legalizes Popery in Ireland, either as to its support or diffusion, is, in fact, so far endeavouring to accomplish this extraordinay state of things. It would appear then from what has been said, that if there was not a single Protestant in Ire¬ land, the obligation is strong and paramount upon Protestant England, to support the truth strenuously, and to diffuse its pure light among those who sit in darkness. It is not from the numbers of the Roman Catholics of Ireland that she is to take her sense of duty, but from her own conscientious aspirations to support and establish what she conscientiously believes to be the truth. The obligations which are im¬ posed upon her she cannot forego for any paltry object of temporary expediency or worldly poli¬ cy—but she is bound to do as much, in the pre¬ sent condition of Ireland, for the propagating and asserting the truth, as if there was not a Roman Catholic in the country. She is not called upon to impose, by force, a new religion, or to introduce, by any exercise of authority and power, any experimental scheme of doc¬ trine ; but she is bound, by obligations which cannot be broken, and duties which cannot be overruled, to maintain now what she planted in Ireland three hundred years ago—what the whole scheme of her civil policy was contrived to uphold—what is fundamental in that scheme, and is compounded in all her laws, and in all her institutions—what formed the titles to property 4 —and what constituted the very essence of com¬ pacts made between the state and individuals with a view to perpetuity. During the long interval of the three ages which have passed away since England shared her own reformed religion with her sister land, there was indeed much neglect to reprove, much impolicy to blame, much indolence to con¬ demn; but, in spite of all those, the reformed religion is ardently, earnestly, and zealously professed, cherished, and maintained, by a vast portion of the Irish people—in number a nation—in property almost owners of the soil of Ireland—in spirit thoroughly British—ex¬ hibiting, under a variety of different situations c 3 34 and circumstances, the highest and noblest cha¬ racteristics of Englishmen, in their love of truth, religion, liberty, and loyalty. And is it this mighty portion of her own legitimate children whom she is expected to insult and aggrieve, by suffering their church and their clergy to be stripped and spoliated, upon the poor specu¬ lation of conciliating the restless enemies of both ? Is it, indeed, possible to imagine for a moment that such an infatuation could possibly be contemplated by the councils of the wisest and greatest of people. Not only is Eng¬ land bound to struggle for the truth to the last, as a positive duty , never to be compromised, but awful will be the consequences to herself, should she turn her back upon that truth, or permit it to be prostituted for any political expe¬ riment. And what is the railing accusation brought against the Protestant Church in Ireland ? That a sect, blindly influenced by its own clergy, who hate almost to detestation the Protestant clergy, do not like to be the means of paying to such Protestant clergy, their pro¬ perty accruing to them out of the produce of the land, and which description of rents those 35 tenants to the lay landlord had virtually un¬ dertaken to pay in their contract with him. The hostile motive of the farmer and the pea¬ sant is referable to the priest; and the essence of the case is this—that the church is to be cast down, and the clergy plundered and per¬ manently reduced, because the Roman Catho¬ lic clergy of Ireland have stirred up their fol¬ lowers to resort to violence against both. A liberality , equally questionable in its honesty, as in its motives, pretends to support this enor¬ mous attempt, by insinuating that the destruc¬ tion of the temporalities of the church could not affect her existence; spiritually, it is readi¬ ly admitted that it is not in the power of law¬ less force, or infatuated authority, to injure her; but, humanly speaking, a deprivation of her temporal means of support, must impair her human capacity to preserve her existence. The distinction between the Protestant religion and the Protestant Established Church has been made by Dr. Doyle; “and that very single- minded and ingenuous divine (as Dr. Philpotts, now Bishop of Exeter, observes, in a most able and vigorous pamphlet) has instructed his readers, that to strip the Established Church 36 in Ireland of what he conceives its ill-gotten and ill-employed possessions, would rather strengthen than impair the Protestant religion ; of course, therefore, to accomplish this end, would not be inconsistent with the oath”— that is the oath which it was proposed to ad¬ minister to Roman Catholics by the bill of 1825. The resignation with which Dr. Doyle would bear the stripping of the Established Church of its possessions, can be easily ima¬ gined, as well as the patience with which the experiment of the happy effect of this, upon Protestantism generally, both as to religion and property, would be waited for. The in¬ come of the church, however, is one of the means of supporting her conformably with the difference there is in the state of society of this day, and in the days of apostolic simpli¬ city. It would be an unprofitable austerity to religion, to assume the habits and manners of the early ministers of the Gospel, in the pre¬ sent age of refinement and knowledge; nay, it would not only be absurd in itself, but ruin¬ ous to the cause of religion generally, (that is humanly speaking,) to keep her church alone stationary as to circumstances, where every 37 thing around her, and every thing with which she is in connexion or intercourse, is in progress of alteration and improvement; therefore, as in such a condition of things the education for the ministry must be such as to qualify for, and keep pace with, the subsequent station in soci¬ ety in which that ministry is to be placed in order to be efficient, so the means afforded for holding and maintaining such a position must also be suitable and sufficient—let those means be reduced below their necessary and relative standard, and, in the nature of things, not only the ministry, but the visible church herself, will become, to a certain degree, contemptible and perhaps comparatively useless. If, however, it were intended that the Christian Church should be always at a stand, never applying itself to the variations in society, the better to “ win” some of those of whom the variations in society are composed, there never was a church which exhibited a less striking adherence to apostolic poverty and simplicity than that of which Dr. Doyle is so shining a member. Those splendid fanes which Roman Catholic ecclesiastical gran¬ deur has constructed, and left to be occupied by the professors of a purer faith, plainly demon- 38 strate that apostolical humility and conformity were not always a characteristic of the Church of Rome; nor that the tender solicitude of the present day for an equal conformity on the score of wealth to the apostolic standard, was not always a matter of such anxiety and care to that church, when we find that, after having obtain¬ ed almost two-thirds of the property of the kingdom, the legislature thought it necessary to interfere by legal enactment to prevent her sweeping within her insatiable grasp the portion which remained. It is often said, although without a very scrupulous regard to fact, that the legislature in England transferred the tithes to the Protestant Church when Protestants became the more numerous party, but that in Ireland it adopted a course the reverse, and, in its nature, sub¬ versive of obedience to the laws—this is histo¬ rically false; the politic governors of England, at the time of the Reformation, knew well that a portion of the people, after a close acquaint¬ ance with the profligate and voluptuous lives of the Romish clergy, were almost without any religion—that multitudes were neutral, and ready to declare in favour of either—and al- 39 though many were converted to the Reformed church, still that considerable numbers remain¬ ed attached to their old and convenient super¬ stitions. In this state of things it was not so much to accommodate the faith of those con¬ verted to Protestantism, that the legislature transferred the tithes to the Protestant Church, as it was to enable that church and its clergy to draw towards the reformed religion, by due spiritual instruction, the out-standing members still attached to Popery, or still indifferent; and also to disable Popery, by taking aw T ay from it so large a portion of the maintenance of its church. The Protestant religion in Ire¬ land was transplanted, not only as a conscien¬ tious duty, but as a part of English policy—of such policy as England showed towards her¬ self for her own benefit and happiness. There were not, perhaps, in all Ireland, in Queen Elizabeth’s days, many more inhabitants than there are at present Episcopalian Protestants. Except the English functionaries and the mili¬ tary there were but few Protestants; but it was for the purpose of encreasing their num¬ bers that the endowments and revenues ap¬ propriated for the church and clergy were li- 40 mited to the Reformed one, and taken from the Church of Rome On the same principle, if those temporalities be now taken from the Church of England, the like consequences must follow—namely, that as the Church of Rome pined in her power and languished in her in¬ fluence, after the loss of her temporalities in England, so the Church of England must suf¬ fer, and still in a greater degree, if those tem¬ poralities be wrested from her, whether for confiscation or any other purpose. She will suffer in a still greater degree , because she does not profess any superstitious power over the minds and consciences of her professors, the undue exercise of which enables the clergy of the Church of Rome to wring from their flocks any sums which they may think fit to demand. This circumstance, alone, places the two churches upon an entirely different footing, and there¬ fore the consequences of the loss of her tempo¬ ralities to the Church of Rome were quite op¬ posite to what they would be to the Reformed Church; she being able to exert a power which more than compensates her for them, has been enabled, comparatively, to defeat the policy of England at the time of the Reformation. The 41 visible Church of England not being able from her very nature to employ any such influence, as a human institution, would sink with the loss of her income. What has been here adverted to, may be summed up with asking, if England found her¬ self bound to support the Established Church in Ireland at a great expense of blood and treasure for three centuries, upon what ground can she refuse to do so now ? When she es¬ tablished Protestantism in this country, there were scarcely any Protestants in it; and she then proceeded upon the principle of support¬ ing truth , regardless of the question of num¬ bers between those who followed it, and those who did not. She is still under the same obli¬ gation, and she has in aid of that obligation (if any aid can make it stronger) the vast in¬ crease of Protestants in Ireland—the settle¬ ment of her system in the land—the establish¬ ment of her laws, as well as of her religion and church—the mass of interests which have grown out of that religion, as connected with her government, and which could not be un¬ settled, particularly by any sudden and sum- 42 mary exertion of power, without tearing out, by the roots, things of precious value to her, and straining, to the very last thread, the liga* ment that unites her to Ireland. 48 CHAPTER III. Having in the former chapter stated what ap« pears to be the duty of England respecting her conduct towards the Established Church in Ire¬ land, it is proper to consider what the conse¬ quences are likely to be to her temporal inte¬ rests, should she neglect or overlook the con¬ scientious discharge of that duty. And pre¬ vious to entering upon this part of our subject, it may perhaps be of advantage, in order to ob¬ tain a clearer view of it, briefly in the first in¬ stance to touch upon some of the peculiar cir¬ cumstances connected with the condition of Ire¬ land at present, which are £< sui generis,” and which considerably increase the difficulties of legislation respecting her, as well as often ren¬ der the application of British laws and the ope¬ ration of the British constitution ineffectual. Perhaps Ireland is the only country in the 44 world, in which a large portion of the inhabi¬ tants fix their minds upon changes in property, and calculate upon such changes occurring as the fulfilment of an expected blessing. In most other places, what the sword had originally ac¬ quired, policy has protected, by framing such laws and institutions as were the most likely to secure the permanent settlement of whatever property may have been committed to new pro¬ prietors ; while it is left to time to consolidate and strengthen such arrangements, and to ex¬ tinguish together the hopes of resentment and the speculations of vindictive feeling. But, in Ireland, resentment and revenge have never been permitted to slumber, but have passed, with inconsiderable mitigations, through gene¬ rations ; and the calculations to which those passions give rise, have seriously engaged the minds of thousands, who, having habituated themselves to look for changes favourable to their own desires, fostered notions at variance with a settled condition of such things as rest¬ ed upon the foundations of mere law, and ac¬ quired a predisposition towards new inroads upon the sanctity of property, which in all na¬ tions constitutes one of the main pillars of so- 45 ciety. Religion afforded a strong direction to this state of thinking and feeling; the property of the Church had passed into new hands, as well as the property of the laity, and the mi¬ nisters of the unreformed Church did not fail from time to time, as they perceived the dispo¬ sitions of the multitude to be most accessible to touching representations, to press upon their minds statements of their humiliation, and also of such sufferings as a long and desperate strug¬ gle had brought upon them. Pastoral addresses are not wanting to confirm what is here stated, and, from Dr. Hussey down to Dr. Doyle in¬ clusive, those documents, however serious in their designations, will be found in their tenor and construction to be political provocatives, deeply compounded with religious rancour.— Motives and influences like those adverted to, could not have been so long at work, without producing their natural fruits; and times and circumstances being auspicious to their matu¬ rity, we have the Church property attacked, not only for the reason before adverted to, but be¬ cause it is the weakest in its defence—because liberalism has paralized its natural supporters, and the prevailing passion for change appears 46 to be affecting every sound principle of policy, as well as of justice. In the course of a few months the laws have been trampled on almost without a struggle, as if their wholesome power had departed from them; murder and outrage for a time had steeped some of the finest, and but a little before, the most contented districts in Ireland, in the blood of some of their most unoffending inhabitants; and assassins went so far as to appoint, without any fear of detection, the conditions upon which life might be spared, whilst proscription, persecution, and in some instances death, impended over every Minister of the Established Church, and over every man who hesitated to be an accessory to his plunder, and the starvation of him and his family. The authors of this wicked league calculated that their enterprise against the clergy would try the fidelity and zeal of the Government, as well as of the Protestants of the United King¬ dom generally, not only to their profession of faith, but also to those principles of civil liberty which are its offspring. The Church has no combatants of her own to put forward for her defence against physical aggression—her pro¬ tection lies altogether in the vigorous and just 47 administration of the laws; and where those laws are insufficient to meet the difficulty— where the ordinary expedients of the time fail to supply satisfactory means of defending and protecting her—her only resource lies in the firmness of Protestant England, and in the wis¬ dom and energy of Parliament. But should she not find prompt and vigorous protection from both of these—a protection of such a na¬ ture as to show that no compromise will be permitted—or no political expediency allowed to interfere with a firm and decided sense of duty—the ruin of the Irish Church in her pro¬ perty, may be reckoned upon as a certain con¬ sequence. It is upon this ground the attempt was made. How far the experiment has suc¬ ceeded as yet, the condition of the Irish clergy can best attest. But the consequences of such success are pretty obvious. Does any one imagine that the authors of those designs will stop here ? Hav¬ ing pushed open the door that leads to the ac¬ quisition of any or every description of property they may desire, will they stop on the threshhold, when nothing remains to prevent their further progress ? No, truly : should they succeed 48 either in part or entirely against the Church, whom, it might be supposed, without under¬ valuing the understandings or principles of the Protestants of Great Britain and Ireland, every Protestant would be ready to defend—what is to discourage the same party, exulting in their success, from attacking the properties of the absentees —a class of Irish proprietors whom clamour, prejudice, and some reason and justice, have rendered peculiarly obnoxious, es¬ pecially to that class of society to whose phy¬ sical labours so large a share of the injury of the Protestant clergy is to be imputed ? If the contrivers and directors of the warfare against the Church, raise the outcry against the estates of absentees, what is to prevent their compelling the lawful owners of them to give them up, either for some compensation, or for none ? If there be no greater exertion made to preserve their property, than as yet there has been to preserve that of the Church, with all its solemn guarantees from the King, Lords, and Com¬ mons of the realm, what is there which can save them from suffering a similar wrong to that of which the clergy now complain in the ear of an enlightened and religious nation ? If 49 tenants paying rents to the agents of absentees be dealt with as persons paying tithe rent to clergymen have been, a similar result must fol¬ low—the same machinery of “passive resistance” —the same sanguinary expedients which obliged the tithe payer to keep his tithe rents in his pocket, is not likely to be withheld, when the same authority, and the same influence happen to be applied to the tenants of absentees. Ab¬ sentees themselves may rely upon the justice of their case? their legal rights, and the wisdom and energy of parliament; but if these were sound and warrantable confidences, the clergy could not be reduced to the melancholy condition in which many of them are now placed. There will comparatively be no sympathy for the ab¬ sentees— current notions of policy will be against them; and the fatal precedent of the spoliated clergy of Ireland, stripped by combination and outrage of their legal rights, will weigh them down with its tremendous authority. This sort of property has been looked on with craving desires for many a year ; and if there was to have been a comparison hazarded between the dura¬ bility of that and church property, but two year since, it is hardly too much to presume that th D 50 decision would incline towards the latter; so, • that it would be but an act of prudence in those, upon whom considerations of this sort should press among the other obligations of their duty, not to confine the question about meddling with church property, to the narrow ground of legis¬ lative power to do so—but to weigh what a forceable spoliation of it must be, as an example in the eyes of the nation at this time, and that nation Ireland. But it will be seen in the end that the prece¬ dent of the Church will not stand alone—its parallel will probably be found in the first in¬ stance in the fate of the absentee property—and both may then be too powerful for those Irish proprietors, whom an eloquent member of par¬ liament, once called in some of his rhetorical displays at aggregate meetings — 44 Cromwellian Proprietors.” It is not to be doubted, but that the same force, violence and villainy, by which the Irish portion of the united churches of England and Ireland, has been almost crushed, will be quite competent to deal with those proprietors, as if they were all ordained clergymen of the Church of England. Their secular condition will not protect them. A prejudice arising out 51 of religion—cherished revenge, long rankling in the heart, and handed down from generation to generation—the impulse which the time affords to desperate movements in the body of society— the assistances which crafty leaders can draw from the distempered state of the fi£ mighty mul¬ titude”—the love of gain sophisticating with the understandings of men already predisposed by re¬ sentful recollections against “ the Saxon,” the modern soubriquet of an Irish Protestant- all those things will contribute to leave the “ Cromwellian proprietors” not less at the mercy of conspiracies of all descriptions, than the clergy of the Established Church have been. It may be fancied that the law is able to protect pro¬ perty; it is however clear, that it is not by a mere ordinary appeal to it; and sanctioned by time, possession and use, as proprietors may think themselves—and safe in their estates under such circumstances, some adventurous reasoner may arise to dispute even their legal right to posses¬ sion, though he may rest his arguments upon grounds not more valid in themselves (but equally influential in the minds of the modern rulers over Irish property,) than Dr. Doyle’s argu¬ ments have been, to shew that the tithes were in 52 part the property of the poor. The Irish rabble are not subtle logicians, but are easily satisfied with any arguments, which may concur with the current of their own desires; and as long as they may be permitted to act towards the clergy as they have already done, they can easily be brought to conclude, that a dispossession in civil war, is not a dispossession which should continue for ever, but that the titles to forfeited estates should undergo new arguments, like the treaty of Limerick, a few years ago, or the tripartite division of tithes at the present time. If there be any country where the power of Government should be vigilantly exerted in op¬ position to inroads of any kind upon the civil sacredness of property—it is Ireland. Multitu¬ dinous as the changes of property have been in England in times of violence, the good sense of the people always looking forward to national rest and union, the parent causes of all political prosperity, succeeded in banishing the dreams which revenge and party antipathy would be likely to create; but the contrary is the case in Ireland—several even in independant conditions humble their understandings so far, as to render themselves the dupes of their passions and pre- 53 judices; and the gross mass of the people, igno¬ rant and credulous to excess, are not so sensitive to any description of rumours, as to those which relate to the recovery of confiscated property. In answer to this opinion it is commonly as¬ serted that there is no probability of Roman Catholics reseeking the possession of the for¬ feited estates in Ireland, in consequence of the quantity of that description of property which has passed back into Roman Catholic hands, pur¬ chased from Protestants, and therefore founded upon their titles—and it is urged that therefore no attempt will be ever made to disturb its pre¬ sent owners. The argument is specious enough ; but it is like many other arguments of the pre¬ sent day, (< nitidusperorci, introrsum turpis” The portion of forfeited property which has returned to popish occupancy compared with what still re¬ mains in the hands of Protestant proprietors, is very inconsiderable indeed, quite insufficient to afford, on that ground, any thing like an effective barrier to the attempt. On this subject it may be well to recur to the parliamentary evidence. The report of the Commons’ Committee states:— “ That a very large portion of the fee simple of the land in Irelandis the property of Protestants.”— (Rep. Com. 245, viii.) 54 The Rev. H. Montgomery says:— “ In the three counties in which I am more particularly acquainted, Down, Derry, and Antrim, I should think the property held in fee by Roman Catholics, as landlords, is very inconsiderable.”—( Evid. Com. 4669 .) P. Mahony, esq. says:— “ Seven-tenths of the rental of Ireland is vested in fee in Protestant proprietors.”— (Evid. Com. 5159 .) Stephen Wright, esq. states:— “ Much the greatest part belongs to Protestants, there is very little of it in fee belongs to Roman Catholics, scarcely any.”— {Evid. Cvm. 2573 .) R. Delacour, esq. states also in answer to the question, “ In what proportion are the lands in fee distributed be¬ tween Catholics and Protestants in the county of Cork ? I cannot form any calculation, but I am persuaded a very great proportion is in the hands of Protestants.”— (Evid. Com.Zlll.) Admitting, however, that Roman Catholics pos¬ sessed ten times the amount they do, what would that signify ? could not an exception be made in their favor ? or what is much more likely, they themselves would be made the victims of the conspiracy—the few , a very few indeed, would be sacrificed to the many , whom nothing would satisfy, until the descendants of those who were originally dispossessed, were replaced in the en¬ joyment of those estates. And for what other purpose are the ancient title deeds by which 55 those estates were formerly held, now so scru¬ pulously preserved, as they notoriously are, by the lowest Irish peasant, whose ancestor may have been in possession of them ? or why are their demarcations, boundaries, and names, so jealously watched, and accurately retained, ex¬ cept in the expectation that in some of those convulsions which are so frequently recurring in Ireland, those may be the means of replacing him in the possession of what he has been always led to think he was unjustly deprived of, and never will give up the hope of again obtaining. It is perhaps to be referred to this settled habit of thinking, that in all the struggles of Irish parties to contest the dominion of the British crown, ill-matched as the contending sides were, and sure as the result was to be adverse to the Irish, they always preferred the appeal to force, to the wiser and happier policy of amalgamating with their British brethren, and thereby securing to themselves a share in the blessings of peace, industry, trade and commerce. The extravagant ambition of their leaders, their want of all just qualifications for conducting the interests of any large portion of the people, the rancorous pro¬ vocations by which the multitude were excited 56 to lend themselves to speculative and abortive rebellions, intercepted the growth and increase of those blessings, which were essential to Irish prosperity; and those leaders hazarded the most valuable stakes upon the possible chance of suc¬ cess, by which they hoped to reconquer the pos¬ session of forfeited property. This chance is the point, to which all the troubles, agitations, con¬ spiracies, and insurrections in Ireland faithfully turn. And as each of those periods of disquiet appears to affect the general stability of society, the commonest observer may perceive a corres¬ ponding endeavour among the Roman Catholic leaders, to trace distinctions between the abori¬ ginal Irish and those of 66 Saxon” descent. Not to recur to past times, and their barbarous atro¬ cities, the days in which we live afford a sufficient evidence, that there prevails a strong desire in the minds of the leaders of the modern agitation , to keep the Irish as separate in feelings and in views, as possible, from the “ Saxons.” Dr. Doyle with as much ease as if common sense or policy could sanction the expression, calls the descendants of British people after centuries of naturalization in Ireland, i( settlers,” and he la¬ bours to insinuate that they have only a permis- 57 sive title to remain in Ireland, until the Irish shall deem themselves strong enough to banish them for ever. The Rev. Mr. M^weeney* boldly avowed at a controversial meeting held at Carlow a few years ago, that the Roman Catholic chil¬ dren were trained up to look upon Protestants as the descendants of robbers and plunderers ! From what has been observed, it will strike every reflecting man, that it should be a main principle in the policy of the state, never to sanction in Ireland any infraction on the sacred¬ ness of property, upon any grounds however plausibly advanced. In all countries that are governed according to fixed laws, changes in pro¬ perty can only take place, according to law; a conspiracy for the spoliation of any class or order of men in the state, is a crime against the law, and an essential wrong' against society itself— and to legislate upon the results of any such con¬ spiracy, which being supported by open force, and maintained by a system of enormities, may * In the speech reported as having been delivered by this gentleman, it is said the children of his persuasion are bred up from their cradles in a spirit of hostility to the Protestants and their faith—and that the name of Protestant is embla¬ zoned on their young minds with feelings of detestation! I) O 58 have reached a point of wicked success, is to make a solemn abandonment of all moral prin¬ ciple, as well as of every other principle, safe, honorable, and advantageous to any Christian community. It is in the nature of a bounty to make enterprizes against the stable order of the realm, to consecrate by legal forms to-day, what was yesterday a guilty act—and it is not within the reach of human foresight to discern, what the future consequences may be, of such a pro¬ ceeding, to the very existence of British society. The property of the Church, though not yet converted to any new ownership, or applied to any new fiscal project, is forced, to a certain ex¬ tent at least, out of the hands of its rightful pro¬ prietors. The seekers after ancient confiscations who got up the warfare against her, have tri¬ umphed, by means of the abominable measures with which the conspiracy was carried on; and the legislature, that is the sound and just portion of it, appears to be embarrassed, how to appease the triumphant iniquity which has almost pauperized the clergy, and how to render that clergy an act of charity , instead of an act of justice . Let no man imagine that this wicked act will stand an isolated instance of a conquest made over laws 59 and justice in the modern history of the United Kingdom. The practical prologue to all the revolutions with which our modern annals are so thickly crowded, has been, an attack upon the pro¬ perty of the Church. The other orders of the state have borne the confiscation of her possessions with philosophic resignation; legislation compromised with wrong, and the gulph widened,—until legislature, property, law, order, were all swal¬ lowed up, and the people broken hearted from their own success, supplicated from despotism the only protection which the circle of expedients could supply. Sure and certain it is, that the same machinery of passive resistance to the laws, if it be able to succeed against the Church, will not find other kinds of property in Ireland im¬ pregnable to its activity, perseverance, and influ¬ ence. In corroboration of the opinions which have been stated, relative to the effect upon all pro¬ perty, which either a total or partial spoliation of that belonging to the Church in accordance with the present outcry, or in obedience to the exist¬ ing conspiracy, is likely to have, the following extracts from the parliamentary evidence are se¬ lected. His Grace the Archbishop of Dublin, 60 admirably expresses bis opinions in reply to a question put to him before the Lords Commit¬ tee. “ Do you suppose that if the resistance to tithes should he successful it would stop there ? I am fully convinced, as far as my own observations and conjectures can go, that it would not. If by a measure of government, indeed tithes were to be abolished, if the whole of church property were to be confis¬ cated by law, the evil might stop there ; but I am fully con¬ vinced, that (in Ireland especially,) when men found they could withhold payment of lawful debts, and could encroach upon their neighbours’ property by the strong hand, they would immediately proceed from one thing to another—and I have ascertained as a fact, in some instances, that there are tenants who scarcely pay any rent at all, but whose landlords dare not turn them out, and they are forced to accept anything they offer, or nothing, from knowing that probably their lives, and certainly their property would not be safe if they did. If therefore the resistance to tithes is to go unrestrained, and an unlimited concession be made to the resistance, I have no doubt that rent in a great many instances, if not in all, will follow.”— (Evi. Lords. 102.) Mr. P. Mahony (than whom a more compe¬ tent judge, or one better acquainted with Ireland, could no where be found,) gives something of a similar opinion, he says— “ I should desire to preserve to the church for ever the in¬ comes it at present enjoys; I can never consent to despoil her, for I am convinced that whenever spoliation occurs, re¬ volution and general confiscation will he near at hand." — (Evi. Com. 5271.) 61 To this may be added another most respect¬ able testimony, that of J. S. Dennis, esq.— “ I look upon the tithe system as merely a stalking horse, that is, only a cloak for other proceedings. What in your opinion is the real object those persons have in view ? I think their objects is an attack upon property, as soon as they get what they want with respect to tithes; they wish now to intimidate by attacking tithes, and if they succeed, then they will attack private property. Do you think, if they are suc¬ cessful in their opposition to tithe, that rent and other property will be likely to suffer ? I certainly think they will attempt to make the same attack upon other property.”— (Evi. Com. 4296.) Gerald Fitzgerald, esq. states— “ I think they are beginning to make serious objections to the payment of rent within this last month, a number of meetings have taken place in the county of Tipperary, to pre¬ vent the collection of tithe—and at those meetings I have been informed that they discussed the best mode of regulating the rent; what such and such lands ought to be worth.”— (Evi. Lords. 15.) Major Brown states— “ What would be the effect of getting rid of the payment of tithes now ?—Many of the country gentlemen think they would attack rents next.”— (Evi. Com. 1252.) Although the condition of the Irish Church may receive little or no succour from the just apprehensions of other proprietaries, or from the sympathies of the worldly minded, yet surely 62 there is in the sacrifice of her ultimately—and in the plunder and ruin of her clergy at this moment, something to touch the understanding of the most callous politician, either in power or out of it. The dangers of the example of a Church, deliberately overthrown by process of legislation, in compli¬ ance with the outrages, and the political requisi¬ tions of an organized conspiracy, England her¬ self may be soon brought to learn. She has her full proportion of Jacobins ready to take their part in any scheme of innovation. She has the old enemy of her faith also strongly entrenched within her own confines, crafty, yet ardent, and abounding in ambitious projects to obtain politi¬ cal power. She has an enlightened and able body of dissent, the power of which has not been measured in modern times against her moral strength. All these things considered, with the evil spirit of the times, call for the greatest cir¬ cumspection, fortitude, and wisdom. There is, indeed, no safety ground to be discovered in ha¬ zardous experiments and speculations. The pri¬ mary duty of a free and wise Government, such as becomes the greatest and happiest monarchy which the world ever saw, is, to take its stand upon the ancient fundamentals—upon the Norma 63 of the realm of England—to put forth its power in salutary sternness—and to rebuke the deceitful theories which deprave the attachments of the people, and loosen them from their reliance upon their own laws, and the institutions which co¬ exist with them—and to guard with cautious zeal, the primary foundation of British prospe¬ rity, her essentially Protestant constitution from yielding more to the prevailing passion for change, than what may clearly import to second¬ ary and subaltern things, safer and more com¬ modious forms and operations—indeed a great and ancient nation, mightiest of the mighty in power—the envy and admiration of the world, holding fast in spirit and in principle by the great anchorage of religion, in times of disquiet and danger, must present one of the most beautiful and at the same time one of the most profitable spectacles to the eyes of mankind—but if she once gives way in the least degree—once drags but a single inch, by any internal evil impulse, from this mooring ground—she will afford at last one of the most deplorable exhibitions of wreck, that ever beat upon the quicksands and shoals of Jacobinism. It has pleased the Lord to overtake the land with perils of an awful magnitude—let 64 us trust that He may in liis mercy strengthen us for the trials through which we are destined to pass; as far, however, as human hope can relate to human means, there appear to be wanting those profound and master-spirits which have so often preserved England, as much by their firm¬ ness, as by new expedients of politic sagacity. There are, however, many vigorous combatants able to struggle with arduous times—enough to contend with success in the cause of religion ; but it is time to see the great interests of the state more closely bound up together again, than they have been, since the revolutionary demon of the times has given throughout almost all Chris¬ tendom, a shock to every thing that was valuable and worth preserving. The conservative millions of the united kingdom cannot, it is to be hoped, see the condition of the Irish Church unmoved in feeling, and unoffended in their most serious principles—and to their anxious and calm con¬ sideration, those observations are committed, in order that they may not remain unacquainted with several particulars in the condition of the Irish clergy which have not yet been brought together in a summary statement. Should they judge of that condition as Protestants may be expected to 65 do; with the generosity, and above all, that sense of justice which is the boast and honor of British citizens, it may reasonably be hoped, that the melancholy prospects which are now before the Established Church in Ireland, will rouse more in their breasts than a useless sympathy—and that protestant England will declare peremptorily and positively, that popery shall not be establish¬ ed upon her ruin in Ireland. It may perhaps be remarked that what has been said is applicable to a condition of things which is not likely to take place, and that an imaginary enemy has been conjured up, merely for the purpose of being thrown down again— that nobody ever talked of destroying the Esta¬ blished Church, or substituting popery in its place ; on the contrary, that the strongest assur¬ ances have been given from his Majesty’s Go¬ vernment, that she shall not only be maintained and supported, but even placed upon a better and more secure foundation than she ever stood upon before. Previous to taking notice of these remarks it may be here observed, respecting any meditated improvement in her internal arrange¬ ments in any way—that the present question is not one as to reform in the Church, with respect 66 either to manner or quantity , but as to destruction , and so far should we, or the majority of the Irish parochial clergy be, from not desiring a reform in any of the acknowledged abuses, which may have from time to time in the nature of things crept into the arrangement or management of the temporalities of the Established Church, and the correction of which might tend to place her in a more useful and effective condition for spreading and teaching the “Everlasting Gospel” —that we should be among the first to lend our humble aid, towards carrying into operation so desirable an object; and it is our firm belief, that ninety-nine out of the hundred of the clergy of Ireland would do the same. But in doing this we should admit of no compromise of ’principle , no expedient arrangement which would in any way associate us with any system of religion to which we are conscientiously opposed—and be¬ fore quitting this part of the subject, it may be farther observed, that all allusion to any plan of Church reform has been studiously avoided in those pages —that indeed is in itself, a matter of so much difficulty and delicacy, and requiring so able a head, and judicious a hand, to undertake ; that any cursory notice of so important and ex- 67 tensive a task would be highly injurious.—The entire object of the present remarks, (in addition to a vindication of the character and conduct of the Irish clergy, from the slanders and obloquy which have been heaped upon them) is to endea¬ vour to shew, that upon 'principle , as well as upon every sound view of policy , the Established Church in Ireland should be supported and up¬ held. It is by no means intended to discuss what is the best manner of doing this, nor to do more than protest against that manner being re¬ gulated by outrage, combination, and force, or directed by a popish conspiracy. Although the Established Church may still be said to have a legal existence in Ireland, in point of fact, her actual existence, quoad her property, may almost be questioned. In about five coun¬ ties the clergy are already reduced (that is, those who have not other means of support) to an ac¬ tual state of mendicancy, so much so, that nume¬ rous instances could be produced where clergy¬ men and their families have been for months past subsisting upon the charity of individuals. On this subject, Joseph Green, esq. K. C. states before the Committee— “ I know some instances in which the clergy had scarcely 68 the means of getting the common necessaries of life in conse¬ quence of the arrears due to them.”—( Evi. Lords. 21.) Rev. Robert Butler states also in answer to the question— “ What is the state of the clergy in these parishes ? Very distressed indeed. Have there been instances of great indivi¬ dual distress ? There have. Are those who have no private fortune left without the means of subsistence? Yes, I can state my own case as an instance. I have nothing else but the income derived from my living, except I had recourse to my friends and relatives, if I had not had recourse to them, I should not have had where withal to procure the common necessaries of life.”* — (Evi. Lords. 48.) Gerald Fitzgerald, esq. states— “ I know the clergy are in great destitution, men who had last year an income of .£800 to £1000 a year, are this year in want of the necessaries of life.” — (Evi. Com. 174.) Colonel Sir J. Harvey states—in answer to the question— “ What are the present pecuniary circumstances of the clergy?—Nothing can be more destitute or pitiable in the parishes where the opposition prevails.”— (Evi. Com. 33.) The conspiracy which has accomplished this, * Many unfortunate cases have occurred within the last year of clergymen with large families, the future provision of which entirely depended upon life insurances, being compelled either to give them up altogether, or sell them for little or nothing, from incapacity to pay the yearly policy. 69 lias now extended itself throughout the entire of the south of Ireland. Giving Mr. Stanley and the other members of his Majesty’s Government full credit for the best intentions towards the Irish Church, it can hardly be denied, that the manner in which those intentions have been carried into effect, has been attended with the most ruinous consequences to that Church— until, in his Majesty’s speech allusion was made to the subject of tithes, the opposition to them was very limited, confined to one or two coun¬ ties at most. The stir which the subject then for the first time publicly received, gave a new impetus to the opponents of the clergy—that stir, which with great deference to the better judg¬ ment of those who made it, should never have been attempted, until the laws were first com¬ pletely vindicated, and a prompt and effectual remedy to counteract the evil effects of the sys¬ tem complained of, was at the same time brought forward—such however was not the case ; Com¬ mittees of both houses of parliament were ap¬ pointed to consider the nature and circumstances of the property of the Irish Church; and pend¬ ing their proceedings, as a total stop was put to all payments whatever to the clergy—many of 70 them were reduced in the mean time to actual beggary . During the delay consequent on this, the conspiracy against the Church daily assumed a more decided and formidable character— every hour was made the most of in endeavouring to defeat whatever measures those Committees should ultimately propose ; and as the result of the condition in which the conspirators against the Church now find themselves, they no longer adhere to their original demands, that the clergy of the Established Church should only receive a portion of the tithe; but her total abolition is loudly and peremptorily required. It is true that many fortuitous events in the peculiar situ¬ ation of the country, tended much all the while, to strengthen and give power to that party, which, with an activity and firmness of purpose, which would become a better cause, left no means untried, or no opportunity escape, of advancing their favourite scheme of overthrowing the Esta¬ blished Church in Ireland; the most false and calumniating petitions were night after night presented to both houses of parliament, respect¬ ing the clergy; stock-purses were formed throughout the country to defeat them, and to evade the laws—a regular system of operations 71 was organized—the Popish leaders in parliament almost stopped the business of the country, by their unwearied and everlasting recurrence to the subject—at home, anti-tithe agitation assum¬ ed a shape that was actually formidable to the existence of society—and the whole Roman Catholic priesthood of Ireland, almost without exception, became the marshallers and directors of this clamor. Added to all these, an hasty and ill-advised declaration of one of the members of his Majesty’s Government was taken in its lite¬ ral and naked sense, and being distorted into a pledge that the present property of the clergy was for ever extinguished , became the pivot upon which a large portion of agitation turned. These circumstances were distressing enough it is true; yet still the Irish clergy looked forward with much confidence to the result of the deliberations of the Committees ; and the principle which Mr. Stanley laid down in his first report as the de¬ termination of his Majesty’s Government, that a commutation of tithes into land was to be effected, was generally hailed with joy and satis¬ faction. This ray in the horizon was however of short duration, as in the course of a few days this principle was either abandoned altogether, 7*2 or deferred to the judgment of a reformed par¬ liament—a parliament which from its very con¬ struction, will not be likely to take any deep interest in the Established Church in Ireland. Perhaps had the affairs of that Church been arranged, even the new parliament might not have thought it adviseable, again to stir the question; but when the legislation for her is left in their own hands, it is not perhaps unwarrant¬ able for the clergy of Ireland to be apprehensive of the result* Mr. Stanley has avowedly given up two out of his three bills—the one he has persevered in, is undoubtedly a good one, as far as it goes, but it leaves what is called the “ tithe > question” just as unsettled as ever ; for after all, what is it but a mere preparatory bill to some others which are to follow ? After a delibera¬ tion of eight months it was not unreasonable to expect something which would have gone beyond a mere groundwork , something that would either by arrangement or commutation, or enactment have met, and provided for, some of the difficul¬ ties of the subject, and put the affairs of the Church upon a more auspicious footing—some¬ thing that would have shewn that the interference of his Majesty’s Government had been attended 73 with some other results, besides finally and com¬ pletely putting an end to the payment of tithes. But in the present bill nothing of the kind ap¬ pears—it merely amends that which the present conspiracy in its infancy, before it arrived at the hundredth part of its subsequent extent and power, was able completely to defy and render nugatory—and the manner of its amendment in being rendered permanent and compulsory, seems but little calculated to increase its power, or strengthen its operation—however, it is freely admitted, that much of its utility or otherwise, depends upon the future conduct of Government -—they may perhaps make it a good measure if they please. But in the mean time, while the clergy are awaiting those acts to which the pre¬ sent bill is said to be only the prelude, should matters continue in the same current in which they have proceeded for the last year ; long be¬ fore the contemplated measures for their relief come into operation, the majority of them will be houseless wanderers from door to door. These circumstances taken in connexion with the spirit which is abroad, and the open and acknowledged declarations of abolition, from the opposite party, fully warrant the suspicions which have given E 74 rise to these pages, and authorize the clergy of the Established Church, one and all, to appeal to the Protestant feelings in both countries, to come forward in their support, and not to per¬ mit Government to be forced into measures, which (without passing any opinion farther than we have done, as to the line of policy adopted by them) we give them full credit for being- anxious to avoid—and which should they be compelled to accede to, must end in the des¬ truction of both England and Ireland—let liberal men sneer as they may at the opinion. 75 CHAPTER IV. Of the character, conduct and circumstances of the Irish clergy, a few additional observations it is hoped will not be considered out of season. The calumnies against them have extended far and wide, for their enemies are adepts in de¬ famation—their justification, though complete— though wrought out by those very enemies themselves—though ample in all respects, and such as to raise the admiration and respect of all who witnessed it, is comparatively but little known to the public, and rests in quiet record in the pages of the parliamentary reports—from these reports, the following creditable testimo¬ nies amongst many others far too numerous to recite, are extracted. Gerald Fitzgerald, Esq. resident police magistrate for the county of Tipperary, states:— “ What is the general feeling of the Roman Catholic po¬ pulation towards the Protestant clergy? Till latterly, I 76 think the feeling has been rather an amiable one, till the outcry that has been made against tithes, I think the Roman Catholic inhabitants of the country at large regarded the Protestant clergy with a feeling approaching in fact to affec¬ tion ; they are generally excellent gentlemen in the country, very amiable in their charities, and perfectly unshackled as to creed or sect.”—( Evi. Lords. 48.) Colonel Sir John Harvey, states— “ What according to your experience is the general feeling of the population within your district towards the Protestant clergy? Previous to the agitation of this tithe question, I can have no difficulty in saying, that they were held in the utmost respect by the lower orders of the Catholic people, (in any statement I make, I beg to observe, generally, that I rest it upon official documents in the possession of the Irish government, and upon information acquired during a period of four years that I have been in my present situation ; passing through the country in all directions, communicating with persons of all ranks; professing no political opinion myself; received with hospitality by the Nobility, Clergy, and Gentry, and persons of all creeds and political opinions.) From such sources of informatiou I am enabled to state, that the general feeling of the lower orders of the population towards the Protestant clergy, previous to the agitation of this question was one of unbounded respect—they looked up to them as amongst the best resident gentry in the country— in all times of difficulty and distress they were the first per¬ sons to whom the Catholic poor thought of applying; they knew they were addicted to charity—that they made no dis¬ tinction of creed in the objects soliciting their relief, and nothing could be more unbounded than the feeling of respect and confidence that appeared to me to be placed in them gene¬ rally.”— (Evi. Lords. 25.) 77 Major Brown, Sub Inspector of Police for Kilkenny, states— “ Do you think that Rectors and Incumbents are generally unpopular amongst the people? I do not. Were they in the habit of being charitable to the people? Very charitable. And without distinction of sects? In almost every case without distinction. Was there generally charity among the Protestant incumbents in distributing food and medicines? Yes, food, and medicines, and every other assistance.”—( Evi . Lords. 132.) Sir William P. Carroll states— “ What has been the conduct of the Protestant clergy of Ireland, and what is their general character for benevolence and kindness to the people ? Most amiable and most benevo¬ lent.”—( Evi . Com. 4144.) It will be seen that those are the testimonies of persons altogether unconnected with the clergy. It has already been remarked that not only the question of the division of tithes, several ages ago, but also the various other statements put forth from time to time to degrade the character and conduct of the clergy, were really designed for the purpose of exciting a clamour for a par¬ ticular occasion. The artists of those fabrications did not expect to derive more from them, than a temporary advantage—a misleading of the public mind, during the time that it was intended to push a strong hostile measure to extremity, 78 and to carry it, if possible, in a moment of public delusion. With respect to the conduct and cha¬ racter of the Irish clergy generally, the ordeal through which both were obliged to pass before the committees of the two houses of parliament, has closed the lips of slander for ever, and leaves nothing almost, necessary for their justification to be pleaded, even by their most partial sup¬ porters. This clergy, as a body, stood morally arraigned by their accusers and defamers,—a sift¬ ing investigation proceeded to the end—and what was the result? That as a body, they observed a degree of moderation in asserting their rights, and in endeavouring to obtain their incomes for the twelve months that preceded the inquiry, which exceeded what could have been expected from the holders of any description of property—that their temperance under the hea¬ viest wrongs, and under studied provocations, was such, as became their characters as ministers of the Gospel—that every effort was made to avoid harsh expedients, which the laws or the ex¬ ecutive government afford, under circumstances of most singular severity—until almost starvation became an alternative; and they were obliged to seek for redress, or to fall into actual want with 79 their families. Petitions setting forth their hard¬ ships and sufferings were forwarded to parliament, as well as to the Irish government—deputations from their body were sent to entreat that some steps may be adopted, such as may prevent the clergy themselves from coming into hostile col¬ lision with their parishioners; government was supplicated to order, by its authoritative inter¬ ference, the collection of tithes in those parishes, in which the payment was resisted; and all costs and expenses of such a proceeding, the clergy offered to reimburse, or to submit to any other sacrifices which the wisdom of the govern¬ ment might think proper to prescribe. All such applications proceeded from the consci¬ entious repugnance of the clergy to become, un¬ der any circumstances which almost human na¬ ture could endure, by possibility accessorial to painful or calamitous results to their opponents. To this mild and becoming feeling, a most res¬ pectable gentleman, and active magistrate for four counties in Ireland, bears testimony. “ Sir W. Gosset asked me whether if he sent troops to assist us, we would undertake to collect the tithe. I asked the clergymen, and they said, “ no, they would not have lives lost on any account.”— (Evi. Com. 4308.) 80 G. Fitzgerald, esq. states— “ Many Clergymen have declined altogether enforcing tithes—Archdeacon Cotton and Dr. Woodward have both positively declined pressing their claims: Mr. Woodward said he could not conscientiously seek tithe that must be enforced with the probable effusion of blood.”—( Evi . Com. 173.) In a petition presented from a large portion of the clergy of the Queen’s County to his Excel¬ lency the Lord Lieutenant, by the Lord Lieute¬ nant of the county, it was stated, after offering to submit to any expense which Government might require should they think fit to interfere, “ That our present situation is one of the greatest difficulty; on the one hand, in seeking our legal rights, we apprehend, should we attempt to enforce them, a fearful collision with our parishioners—a collision in which party spirit will be brought necessarily into powerful action, and which it is as much against our consciences as Christian ministers, as it is against our wishes as peaceable subjects to occasion ; on the other hand, the delay, much more the relinquishment of our incomes, is attended with the most serious consequences to ourselves and families. Under these painful and distressing circumstances, we respectfully entreat the interference of his Majesty’s government, either by adopting the plan which seems to us most likely to meet the exigencies of the times, or any other which may seem to it, to be equally effectual in maintaining the laws of the land, as they effect the incomes of the Clergy of the Established Church—nor should we have recourse to the demand for other and extraor¬ dinary means, in order to recover and defend our rights, than those which the laws place within our reach, did we not feel 81 that we are altogether unable 'successfully to maintain and make use of those laws, in consequence of the extended and determined combination which exists to oppose and defeat them—a combination enforced and supported by every species of atrocity, violence, and intimidation—we therefore feel assured that in the present state of the country, without the direct and positive interference of his Majesty’s government, we shall be utterly unable to meet the organized and systema¬ tic opposition which at present exists, and is daily encreasing against the rights and properties of the Church of England.” A similar petition was presented to his Ex- cellency, through the Lord Primate, and another went directly from a large portion of the clergy of the diocese of Leiglilin and Ferns to the same ef¬ fect. These moderate and humane overtures were made at the very first appearance of the conspi¬ racy, when not more than two or three counties were disgraced by it—the necessity was respect¬ fully pressed upon his Majesty’s government in Ireland, of making a stand in time against the hos¬ tility, which if not opposed with a vigorous policy, could not but increase. A perfect knowledge of the principles of those who excited, as well as of those who countenanced the conspirators—a long acquaintance with their views and intentions, left no doubts in the minds of the clergy of the extent to which matters would proceed, if not at once opposed by the power and authority of the e 5 82 state. Those observations are not intended to throw the smallest blame upon his Majesty’s go¬ vernment who cannot but know their duty as well as those who have no responsibility for the administration of it; but it must be confessed, that subsequent events have rendered it most un¬ fortunate, upon various accounts, that the sug¬ gestions of the clergy were not adopted, and something more suitable to the applicants , and adapted to the necessity of the case, than a uniform reference to executive power , afforded, to stop a system which has since had its evils so much augmented, as almost to threaten the ex¬ istence of Protestantism in Ireland. The accusers of the Irish clergy,—who have every reason to rely more upon the strength of their language, than of their proofs, in addition to the charge of robbery and injustice, did not scru¬ ple to add those of rapacity and extortion—crimes which were reiterated by every spouter who set out on the high road of Irish popularity . Not¬ withstanding however that such accusations were pealed from so many mouths, and written in so many periodicals of various descriptions, the fact has since appeared beyond the power of contra¬ diction, that the clergy were uniformly in the 83 practice of observing a moderation in their de¬ mands, and a forbearance in exacting them, which was no where to be found amongst the holders of any other description of property.— Without entering into what is called the tithe sys¬ tem, as such, it is justifiable to observe, that by law and indisputable right, the clergyman was entitled to a tenth of the produce of the land. As long as he neither demanded nor received any portion beyond what legally belonged to him, (if his property was to be estimated by the same rules as that of all others,) it is fair to presume that none of those foul and unjust charges could be brought against him; but brought they were, and with what degree of truth and justice, the evidence before the Committees will best show. Dr.Erck, the secretary of the Ecclesiastical Com¬ mission, now sitting in Dublin, and the editor of the Ecclesiastical Register, states in his evidence, (Commons, page 624, appendix 14.) “ From the best data I can obtain in Leinster, Munster, and Connaught, the tithes lay and ecclesiastical, average from a sixty-seventh to a sixtieth part of the produce ; and in the province of Ulster, they average from a sixty-third to a sixty- ninth part of the produce.” The report states on the calculation of the same gentleman, (245. vii.)— 84 “ That the amount of tithe composition in the province of Ulster is llid. per acre, and its proportion to the rental from 1-19 to 1-26. Munster is Is. 2|d. per Irish acre, and its proportion to the rental, from 1-15 to 1-21. Leinster is Is. 7^d. per Irish acre, and its proportion to the rental from 1-12 to 1-21. Connaught, from 10^d. per Irish acre, and its proportion to the rental from 1-20 to 1-31.” To this it adds, “ Mr. Griffith (the Government engineer) by a totally dif¬ ferent process, arrives at a conclusion not very dissimilar. He estimates that the total charges for tithe composition over the whole of Ireland would average Is. 3^d. in the pound, or from 1-15 to 1-16 of the rental, which he adds is calculated upon a rent considerably lower than that actually paid.” The report again states— “ Mr. De la Cour, who, without any concert, estimated the whole of Ireland at only one-halfpenny per acre more than Mr. Griffith, gives a list of seven parishes in the county of Cork, the rental of which is .£68,000, and the composition £4,333, or from 1-15 to 1-16 of the rental. Your committee have examined no less than eighteen other witnesses upon this point locally ac¬ quainted with various parts in the counties in the margin, (Kilkenny, Tipperary, Kildare, Galway, Dublin, Queen’s County, King’s County, Cork, Clare, Westmeath, Down,) and the result is a singularly close approximation to the same rate.” It will be remarked that in those calculations the landlord’s interest only is taken into calcu¬ lation. The report states— 85 “ That the gross amount of composition, if it extended over the whole of Ireland, would be about £600,000. Mr. Griffith states— “ From the best data I have been able to procure, and from my own knowledge of the value of land in Ireland, I am of opinion, that the gross value of land in Ireland, rated at a moderate rent, may be about .£12,715,578.* This makes the amount of tithe composition, as it is at present, less than the Qlst of the rental of Ireland! Mr. Pierce Mahony states in evidence— “ Since I have been called upon to attend the Committee as a witness, I have enquired into the relative amount of pay¬ ment for tithe in this county, (England,) and in Ireland, and I am satisfied that we do not pay in Ireland on e fortieth of the gross produce, or annual increase of the earth, in corn, cattle, &c., as tithe is frequently levied in England ; and my sincere belief is, that even according to the tithe law as it stood be¬ fore 1824, the clergy did not receive in the whole more than from on e-third to owe-fourth of what they were entitled to de¬ mand for their tithe ; and I beg leave to add, that in forming this opinion I attempt to survey in my own mind the extent of the annual productions of Ireland which would be titheable here—( Evi . Com. 5226.) Mr. Mahony here enters into an account of the exports in produce mostly titheable which were * Mr. Nassau, senior, in his letter to Lord Howich states the rental of Ireland to be something under 13 millions, which would give the same conclusion respecting the amount of tithe. 86 carried into Liverpool alone , in the year 1831, the gross value of which came to £4,497,708—7—6; the tithe upon which would amount to more than two-thirds of what is paid throughout all Ireland ! “ I am convinced that the generality of the clergy hy no means receive the tithe they are entitled to. By the tithe they are entitled to you mean the full tenth? Yes, they never sought it, nor received it.—( G. Fitzgerald, esq . Evi. Com. 175.) It will be seen from these statements that the tripartite and quadripartite division has already taken place. It is only necessary to produce those state¬ ments to convince any candid mind, that to what¬ ever causes the forcing the clergy out of their rightful possessions may be attributable, their exactions either as to the amount of their incomes, or to the manner in which they obtained them, were not amongst the number. And the results before the parliamentary committees place in a most extraordinary light, either the gross igno¬ rance or the gross dishonesty of those, who first charged the clergy with rapacity and extortion. There might indeed be individual cases of harsher character, (which however if there be, did not appear before either of the committees) but to the Irish clergy as a body, the result of the late 87 investigation, as much afforded a complete and perfect vindication, as it doubtless did to their enemies, mortification and disappointment. The enormity of the incomes of the Irish cler¬ gy is another of those violent imputations which have been so constantly and inconsiderately al- ledged against them. Here again the evidence before the houses of Lords and Commons refutes the charge, and brands it with falsehood and in¬ justice. Mr. Griffith (Evi. Com. 282, No. 5.) states— “ That there are 2450 parishes in Ireland, and 1422 bene- ficed clergymen—1539 parishes under the composition act, and 911 which are not. The average amount of the composition of tithe (lay and clerical) in those 1539 parishes is .£287 9s. 6d.” Rating all the tithes as stated in the parliamen¬ tary report (245. xii.) to be £600,000, and de¬ ducting £50,000 as belonging to bishops, cathe¬ drals, collegiate churches, &c. there remain £550,000 for the parochial clergy. This sum divided amongst 1422 beneficed clergymen will average to each £386. 155. 7 d. to this may be added the income of about 90,000 acres of glebe land, at 155. per acre, amounting to £67,500, (as estimated in the Christian Examiner of No¬ vember 1831, page 873), from which deduct the 88 incomes of at least 1000 curates, at £75 each, and the remaining gross income will be £542,500, which would leave each incumbent £381. 10s. Id. yearly income; estimating according to report the expenses of collection, losses, &c. &c. at 15 per cent, tliere would remain £324. 9s. 10ef. as the average income of each incumbent, at present arising out of tithes and lands. This calculation it will be at once seen is made upon the most liberal estimate—and when the expenses of induction are taken into consideration, toge¬ ther with those of a collegiate education neces¬ sary for a clergyman, the incidents to which a gentleman’s condition is liable—generally the wants of a family—the obligation to maintain a residence where there are no glebe houses, and where there are, the heavy incumbrances which almost always attend them*—the numberless * As an instance of this, which unfortunately is but too common in Ireland, the statement on this subject of the Rev. James Martin before the Committee of the House of Com¬ mons, is subjoined—“ Do you hold any glebe lands? I do for an enormous rent, more than one half of the produce that the parish in which it is situated yields.—Was it taken in high times ? It was taken in high times ; a fine of <£450 was given in reduction of rent, and after all my improvements it is not worth 30s. at this dayj I pay £3. Is. an acre for it. 89 claims in the way of schools, charities, subscrip¬ tions, and so forth, the highest estimate which can be made of the average income of an Irish clergyman will appear anything but enormous , and the division of parishes which is every day taking place, as it increases the number of in¬ cumbents, in the same proportion does it dimi¬ nish their individual incomes. The inequality of the distribution of that income, which is admitted to be a serious evil, is quite another matter, and has nothing whatsoever to do (as a writer in the Christian Examiner justly re¬ marks,) “ With the burden, as it is called, of the Church Establishment on the land of Ireland.” Was the glebe taken by the Board of First Fruits ? That on which I reside was taken by the Board of First Fruits. And a fine paid? Yes. What was the rent reserved? ,£45. 15s. for 15 acres.” (Evi. Com. 3732.)—Rev. G. Dwyer states, “ What portion of glebe have you ? 34 acres and 6 set. I paid £2 an acre, and a large fine under £400, to reduce it even to that dear rent.— (Evi. Com. 1710.) The writer of these remarks knows an instance in the South of Ireland where from the enormous rent of the glebe-house, no clergy¬ man could be got to accept a perpetual curacy for a consider¬ able time, and at length the matter was arranged by the curate being permitted to hold it without a license, which prevented him from being legally responsible for the rent— neither glebe or glebe-house is inhabited by him. 90 The comparative amount of the incomes of the clergy of other churches might be a fair rule to guide the judgment respecting the excess or otherwise, of those of the established one, always keeping in view the differences as to education, class of society, general circumstances, &c. which distinguish them from most others. On the subject of the incomes of the Roman Catholic clergy in Ireland, Dr. Doyle is reported to have stated before the committee of the house of lords, in answer to the question, “ Have you any returns of the incomes of the Roman Ca¬ tholic Priests ? I got a return upon my appointment to my present office or soon after, I wished to ascertain what was the amount of income in each parish, that I might in the distribution of those parishes as benefices, be able to judge how they ought to be distributed. At that time I found that the different unions through the diocese produced on an ave¬ rage, something as I recollect about .£300 per annum.” A writer in the Christian Examiner (of Feb. 1831, page 124,) states, “ I am quite certain, from the information given me by in¬ telligent Roman Catholics, that many of the parish Priests in Munster receive upwards of £1000 a year, some in Tip¬ perary we know to rejoice in £1200.” With respect to the incomes of the Scottish clergy, Alexander Dunlop, Esq. Advocate, gives in evidence, (Com, 5530.) 91 “ I believe the average of the Scottish clergy’s income to be .£*200 per annum, exclusive of the value of the manse and glebe.” This brings the amount of the Scottish clergy’s incomes very near that of the Irish. And from this there is no deduction for curates under any circumstances, although the incomes of the clergy vary considerably—as the same witness adds, “ There is one clergyman in each parish, and when the parish is very large, there are what we call chapels of ease, with ordained ministers, who have no seats in the church courts, and no part of the tithe can be allocated towards their support; they are maintained generally out of the seats rents of the chapel, or by private contributions.”—( Evi.Com . 5547. ) It is unnecessary to recapitulate what has been said, further than to express a hope, that this plain and simple statement of facts, as they effect the character, conduct, and situation of the Irish clergy, may tend to remove some portion of that slander and obloquy which has been so abundantly heaped upon them, and to shew to the Protestant community of England and Ire¬ land the precise circumstances in which the Es¬ tablished Church, at this moment, is placed in the latter. There is one more assertion connected with the present consideration which it may be well 92 to take some brief notice of, namely, that the present opposition to tithe is not confined to Roman Catholics only, but that many Protes¬ tants have equally resisted it. There can be no doubt but that there are, to use the common ex¬ pression, “ black sheep in every flock,” and the Protestant community would be something in¬ deed superhuman , if, out of so many hundreds of thousands, there were not many to be found unprincipled enough to lend themselves to any scheme by which the payment of their debts might be avoided—and others, upon whom bet¬ ter, although equally mistaken motives, have a similar influence. But it may be stated without the fear of contradiction, that the number of Protestants who have voluntarily refused the payment of tithe, are exceedingly few compared with the body at large; and that were the cir¬ cumstances of those who do refuse, examined, a good reason might be found in most cases for their conduct—a reason connected with their private affairs. And further, if the habits and lives of such nominal Protestants were like¬ wise investigated, it would be often found, that they were hardly a loss to any cause they de¬ serted, or an acquisition to any they espoused. 93 And in winding up the subject it may be well to remark, that the past page of British history furnishes the most intelligible commentary to the present one : the present condition of things is not original in its evil, however formidable it may be, and however it may require a large measure of wisdom and firmness to raise up an antagonist power able to dispute its progress, and contract its influence. The civil and reli¬ gious interests of the British race have been often shaken to their foundations, and some¬ times overthrown for a season ; but as they de¬ clined and suffered together, so have they reco¬ vered—companions always of a common fate. Probably it was their joint efforts that contri¬ buted to their mutual establishment—religion, to the restoration of the monarchy, after its long and dreary eclipse,—and this again, to the vindicating of the church, and the asserting of the rights of her clergy. The author of those observations, although he sees the perilous pros¬ pect before us, does not despair. That many of the evil oppressions which have been allowed to overtake the Protestant Church Establish¬ ment in Ireland, may have been avoided by a timely exertion of vigour and vigilance, he is 94 firmly persuaded; and although from neglecting to employ these in the right season there may be much for both the clergy and the laity of the Protestant Faith to endure, yet he humbly trusts, however weighty and acute the suffering may be, that much future good to the Christian Church will be brought out of this present evil. The Protestants, he persuades himself, will not be recreants to the glorious examples of their great forefathers, but will keep them with pious zeal before their eyes, that they may the better learn how to suffer as “ becometh the Gospel of Christ,” if they be to suffer—and if not, that they may be the better able to apply the fa¬ vourable means which God may afford them, to the taking advantage of all auspicious oppor¬ tunities, which may impart a happier turn to the course of events. For this, or for any other object of benefit to their religion, their liberty, or their country, their union, their co-opera¬ tion, and, above all, their inflexible adherence to their principles, are most essential. The writer of these remarks cannot conclude them without recurring to one circumstance which has brought much strength and consola¬ tion to his own mind, and by which he consi- 95 dors the watchful Providence of the Lord over his church, is strongly and clearly manifested. It has pleased Him , for his own wise and gra¬ cious purposes, to bring on her ministry a sea¬ son of comparative persecution—to try her with difficulties and sufferings to an extent which she has not for a length of time felt before. But how has he prepared her for all this ? how has he dealt with her previously ? Has he not fit¬ ted her to bear the present burden, by raising up within her a gradual and increasing know¬ ledge of the Gospel, and zeal for its service— a zeal which is as little indebted to human agen¬ cy for its existence, as it is in danger from its controul. Had such troubles come upon her in those days of torpor and deadness, which, it is de¬ voutly to be hoped, are gone never to return, the consequences might indeed have been fearful— but now , has he not created a barrier before he let loose the stream ? has he not provided a remedy before he sent the disease ? has he not raised up within her those who 44 will hold fast the profes¬ sion of the faith without wavering ?” Yes, blessed be his name, he has sent amongst us that 44 spirit of truth” which enabled the early Reformers to despise the axe and the faggot, and 96 which, with the same assistance they had, will enable us also to withstand the malice, persecu¬ tion, and wickedness of our spiritual, as well as temporal, enemies. Let us hope, eventu¬ ally, that we shall be enabled to look back upon what is now occurring with gratitude and with joy, exclaiming in the words of the Psalmist, “it is good for us to have been in trouble.” APPENDIX. Extract from Minutes of Evidence before Select Committee on Tithes in Ireland. Jovis, 5° die Aprilis, 1832. The Rev. Thomas Vigors, called in ; and Examined. Several cases of supposed hardship and oppression have been stated to the Committee in respect of the collection of the composition in this parish; you are requested to give such explanations as you may be able to do on each of those, seriatim. The first name mentioned is Edward Kavanagh ; is there such a person as that in the parish of Old Leighlin ?—I do not find the name of Edward Kavanagh in the books, as far as I have been enabled to refer, and I have carefully inspected them; I find the name of John Kavanagh, and of James Kavanagh, both in that district of the parish. I find John Kavanagh stated to owe three years’ tithe up to the 1st of November 1831, and James Kavanagh two years. F 11 APPENDIX. You find no name of Edward Kavanagh in the parish ?—No. The next charge relates to Kinsella and wife : that is, that “ Kinsella and his wife, in 1826, under a warrant of distress for one year’s tithe, having no other means of paying the demand, were obliged to carry on their back potatoes four miles to the next market-town, to pay the amount of tithe and dis¬ trainer’s fees; that they have been in great misery ever since, in consequence of being obliged to buy meat at a high rate on credit ?”—I have not the slightest idea of any such thing having ever occurred. I had never heard of it till I saw it in the Minutes of Evidence, with the exception of having seen the report in some of the papers of such a circumstance alluded to; but I did not know till now in what parish the transaction was stated to have occurred, nor do I believe that my tithe agent would be guilty of any act of such severity ; he is a man long re¬ siding in the country; he is a person much esteemed, and regarded as a man of moderation in every respect; and it would not only be inconsist¬ ent with my instructions to him to have been guilty of any such act of severity, but it would be directly contrary to the positive affidavit he has himself furnished me with. Have the goodness to read that affidavit?—“ Henry Rainsford, of Leighlin Bridge, tithe agent to the Reverend Thomas Vigors, for the parish of Old Leighlin, in said county, came before me, and maketh oath and saith, that for a period of eleven years during which he has been receiver, there were only two sales to enforce payment in said parish previous to to the composition being established; and that since that period, commencing in the year 1824, there have been only two cases in which sales have been en¬ forced. Deponent further saith, that he had full APPENDIX. Ill authority from said Thomas Vigors to use his own discretion in all cases that might require indulgence, or even remission of the demand ; and that he did not in any instance act or authorize payment to be enforced under circumstances of hardship or seve¬ rity. Sworn March 4th, 1831. Had you or he any opportunity of rebutting this particular charge, with respect to obliging those people to carry potatoes on their backs for four miles ?—He had no opportunity, so far as I can imagine ; I cannot conceive it possible that he had; nor had I myself, until I came to London on the 3d instant, when I received a printed report of the evidence. The clergyman who transmitted to you some of those cases did not send you all, but only such as he thought most material ?—He sent me eight, which he called the prominent ones ; and he had not time to copy even those correctly. Does that book in your hand mention any subdivi¬ sions which have taken place since the composition took place ?—No, it does not; but I think it would be. by the sum charged being so very small, almost impossible to suppose there could have been a subdi¬ vision in this case ; I believe it is so low as 6d. in regard to one of them ; I believe I have in town with me a copy of the applotment. That book before you does not include any assign¬ ing ?—No. The next case is that of “ Patrick Devlin, of Knockbawn; it is stated that he owed in 1826 a year’s tithe, 5s. 4d. ; offered 5s. all the money he had; the money refused; Devlin’s calf distrained ; compelled to pay the 5s. 4c?., together with divers fees, Is. 4c?.” ?■—I have his name before me. With regard to the transactions stated, or the charge pre¬ ferred, I am altogether unacquainted with it. I IV APPENDIX. never heard of it in my life, and have no idea of such a case ; and I find on turning- to his account, that he is stated to owe four years’ tithe up to the 1st of No¬ vember 1831, under the composition. Was any complaint ever made to you of this or any other circumstance of oppression relating- to them ?—I have no recollection that any complaint was ever made to me of any transaction charging my tithe agent with severity; but on the contrary, I believe he gave general satisfaction, as affording in¬ dulgence beyond what I believe, except under my very special directions, he would have felt himself justified in doing ; this book will furnish very strong evidence of that. Were you apprised of this particular case before you came to London?—Neither of the Devlins were among the names sent over to me. The charge as to John Devlin is, “ that he owed in 1826 a year’s tithe, amount Is. 'Id .; that nine hanks of thread were seized for the debt; that he was obliged to pay distrainer’s fees, Is. 6 d., and the amount of his tithe.” Were you not apprised of this charge till you came to London?—I was not. With regard to the name, I did hear in Dublin in my way here, that among the charges there was something 4 about thread or yarn seized, but I had no knowledge whatever of the transaction ; I have only some gene¬ ral recollection that that was alluded to, as I have mentioned, in Dublin. Have the goodness to state how John Devlin stands circumstanced as to his tithe ?—He is re¬ turned as owing six years’ tithe up to the 1st of No¬ vember, 1831, the entire period under composition. Was any complaint made to you?—I have not the slightest recollection of it; my firm conviction is that I never heard of any such complaint. Then of course you have no reason to believe he APPENDIX. V Was ever treated with harshness or severity?—No; he appears to owe me six years’ tithe ; I have no rea¬ son to suppose he was ever treated with severity; to believe that, I must disbelieve a man upon his oath, and a man in whom I would place every confidence for acting 1 with moderation. The next case is that of Cecilia Farrell: the charge in that case is, that she was “ an old woman who holds three roods of land; no rent claimed by the landlord these 30 years, in consequence of her great poverty and the age and infirmity of her father and poor sister, an idiot, who lived with her. The landlord wrote to the parson, stating the case of poor Cecilia; notwithstanding, the parson claimed, in 1829, tithe for the five previous years, amounting to 8s. 1H. To meet the demand, poor Cecilia was obliged to take to the market and sell her hens and chickens, and hand the amount of them over to the parson.” Have the goodness to state what the true facts of that case are ?—Cecilia Farrell brought me a note from her landlord, interfering in her behalf; she is not an old woman, as stated there, nor did I ever hear till of late, as reported, that she had a sister an idiot, nor did I consider that she was a person at all in distress: neither did I consider that because her landlord, to whose family she was connected as a follower, her brother being an under-agent of that landlord, that she was therefore to have her land exempt from tithe under the composition, especially when she has not been charged for the 11 years pre¬ ceding. For the five years antecedent to the compo¬ sition being entered into, w T hen the tithe would have come high upon a small complement of ground, she appears not to bave been charged at all, by the affi¬ davit of my agent; and the sum she has paid is not more than about a twentieth, instead of the tenth of the value of the crop of that year, and that only once VI APPENDIX. out of 11 years. I do not know how many yeaf£ preceding her father might have had the land ; 1 am not certain- whether her father be dead or not; it is more reasonable to suppose he is, else why should the name of the daughter be given? Is she returned as one of the persons owing com-' position ?—She is. Have you the affidavit of your tithe-agent with respect of the facts of this case ?—H have r “ Saithy that in the month of November 1829, he sent Patrick Brune, of Leiglin Bridge, who was authorized, as driver for composition tithe-rent, for Rev. Thomas M. Vigors, to distrain Cecilia Farrell, of Leshin, in said county, for five years’ tithe-rent, amount 8s. ll^d.; and that he distrained potatoes in pits on her land, which he did not remove off said land (but said Cecilia Farrell paid amount of said five years’ tithe in cash to said deponent (Henry Rainsford) ; and said deponent (Henry Rainsford) further saith, that he charged said Farrell no cost of distraining, but paid it himself, amount Is.; and said deponent (Henry Rainsford) further saithy that he distrained no poultry (he appears to be unde? misapprehension on that point); for said tithe, nor any person for him to his knowledge, nor did he hear of any poultry be¬ ing sold for said tithe, until he learned from said Ce¬ cilia Farrell that she sold some in the market of Car- low, which is a usual thing with landholders to make¬ up sums of money to discharge their different debts ; and said deponent (Henry Rainsford) further saith, that at the time tithes were valued, previous to the composition in 1825, from the year 1819, that to- that period he never charged said Cecilia Farrell tithes ; and further saith, that his directions from the Rev. Thomas M. Vigors to the different parishioners in Old Leighlin, were to treat them with every kind of indulgence, and give them their tithes at a low APPENDIX* vii rate, and for the value. Sworn before me, this 15th March, 1832.” Have you ascertained what the value of the pota¬ toes were ?—1 have not; but estimating very mode¬ rately a crop of potatoes on three quarters of ground at 30 barrels, which I believe is far under the rate, and considering them as worth 6s. per barrel, they would be worth 9L; the tithe of that would be 18s.; so that in 11 years she has paid as tithe a twentieth of one year. Did you view the ground yourself?—No ; I take it upon her own report that she held three roods of land, and it is upon that I found the observation I have made; taking her report of it as correct ; she may have held more for anything I know. Do you know whether the entire was under potatoes ?—No; but from the affidavit that potatoes in pits were distrained, I suppose the quantity was not small ; the crop was divided into different pits ; that is the ground on which I make the inference ; I do not mean to rest upon that, it is a matter for every one to make his own inference on. Did you give any particular directions with regard to this person being distrained for those tithes ?—My recollection is, that I was consulted on that ; I had given directions that she should pay, un¬ der the idea that the agent would use the same dis¬ cretion which he has stated he was fully authorized to do; that if he found she was a person entitled to indulgence, he had full authority to refrain. Do you mean to say that you left it to the discretion of the proctor?—I do not speak to that particular instance, but I did generally. She owed an arrear of five years ?—Yes; and he had never charged her with tithe when it would have come heavy upon the land. Vlll APPENDIX. What was the yearly amount she was liable to !—- About Is. lOd. The next charge is <£ Garrett Roach; lives near Milebush, parish of Old Leighlin: worked in the parson’s employment at lOd. per day, in payment of an arrear of tithe ; had to walk upwards of three miles every morning from his own cottage to the par¬ son’s house ; worked all day without food ; returned late at night; on his return had seldom any other food than potatoes and water; cuffed by the parson for negligence in the employment; and at length dis¬ missed unable to labour.” It is stated that he worked for you all day without food ; had he any opportunity by your indulgence of procuring that ?—He had the general permission given to the parishioners of Old Leighlin, who had been in the habit for a series of years during my father’s lifetime, much more than my own, upwards of thirty years ago, to come down in great numbers from the parish, on the borders of which our residence is; and many of the poor far¬ mers paid their tithe by work instead of cash, as a matter of great accommodation to them; they sought it as such ; and it was frequently asked, “ when will you have work for us, Sir?” With regard to the ac¬ commodation afforded, they brought their food, their bread and their butter, their milk or their potatoes, which I permitted to be prepared at my gate-house for them : he worked to discharge an arrear of tithe, and he was continued, at his own desire, longer than other persons; I recollect his being put to some draining and other work after harvest was over. Do you mean, after he had discharged his ar¬ rear of tithe ?—No; I do not say that, but when I had not work for all the men who had been em¬ ployed during harvest: he was continued longer than they were, and I kept him as long as I had occasion to retain him, then he was dismissed. APPENDIX. IX It is stated that he was cuffed and dismissed as unable to labour; was that the fact ?—As to the cuffing, the conviction upon my mind is, that I never struck any man in my life from the time I was a schoolboy. How much a day did he earn?—He had lOd. a day, which was the ordinary wages of the coun¬ try. As to the distance he states himself to have come, it was voluntary on the man’s part; it was sought by him. The next is “ Michael Neil, of Ballynagole, sued for tithe, March 17, 1830; his only cow dis¬ trained ; also his bed, bed-covering, two boxes, a chest and dresser, cupboard, about ten chairs, two tables and several pots; the door-case torn out in or¬ der to make a passage for the dresser. Neil is a very poor man, having a wife and six children.” Have you any statement from Mr. Rainsford respecting that transaction ?—I have. Your only knowledge of that probably is from his explanation ?—My only knowledge of the par¬ ticulars of the sale; but with regard to the gene¬ ral character and situation of the man, I had a per¬ sonal knowledge of them, and on those grounds, be¬ fore these particulars were mentioned to me, and before l had obtained Rainsford’s affidavit, I made one myself, not knowing that I would have been called before this committee; but I have Mr. Rainsford’s also, which I will beg to read. He says “ he sent Patrick Brune, of Leighlin Bridge, driver for the Rev. Thomas M. Vigors, to distrain Michael Neil, of Ballynagole, in said county, for five years’ tithe rent, at 21. 6s. Id. on each year, as he was under seizure by the landlord, as he believes, for a large amount of rent, and was watched by different people on civil bill de¬ crees for debts to a large amount; and that said Brune distrained two bed-steads, some household fur- f 5 X APPENDIX. niture and a bed-tick for said debt, but distrained no cow; but was on the look-out to distrain a cow and horse, which said Neil had secreted, he believes, at Thomas Nowland’s, of Shamrahill. He further saith, that he never heard of the door-case of Neil’s house to be broken in removing- a dresser, nor does he think it was the case that it was broken. He further saith, that to the best of his opinion the said Neil held nearly 20 acres of land; and he further saith, that the reason of said Michael Neil being reduced in circumstances was by his own indolence and extrava¬ gance ; and he further saith, that the Rev. Thomas M. Vigors treated said Neil with every kind of in¬ dulgence, as maybe calculated by his large arrear of tithe under the composition; and he further saith, that the amount of said auction was 21. 17s. 6d. ; and further saith, that there were no bed-clothes canted, as was alleged ; and he further saith, that previous to the composition said Neil owed Rev. Thomas M. Vigors, of valued tithes, the sum of 21. 3s. 3d. Sworn before me, this 15th March, 1832.” So that the fact is, 1 have received for six years little more than the amount of one year’s tithe; and that when Neil was selling his interest in his farm, for the purpose of removing his family and himself to Ame¬ rica, disposing, as I was told, of everything he could, and every person to whom he was indebted coming upon him by civil-bill decrees, and his landlord for arrears of rent, and it was suggested to me that I should endeavour to get something; under those circumstances recourse was had to his furniture, the man having secreted his cow and horse. You took no proceedings till his other creditors had taken proceedings ?—Certainly not; it was un¬ der a representation to me that every thing he had was being disposed of, and would be taken posses- APPENDIX. Xi Sion of by others, and that he was about to sell his interest in his farm to go to America. How much did he owe you?—11/. 17s. 7d., and I got 21. 17s. 6d. I find, on looking to his name, that to 1831, the amount of tithe was 16/. 8s. 3d., and that the balance owed to Nov. 1829, was 91. Os. Id., which I have lost. You had suffered him to remain six years your debtor ?—I had. Is this return of the amount due sworn to ?—- My book is not subscribed by my agent as sworn to ; but he did some time last summer make a return upon oath of the gross amount of tithes due by the parish, taken from this book, and which, as far as I have been able to ascertain, is in conformity with the gross amount he has stated. You have not compared it ?—Not throughout; it was in an affidavit which I have not now with me ; it was given into the hands of another per¬ son, but it went to state the gross amount due, and it also stated the number of persons that were in debt in the parish for those six years, exceeding I think 110 persons, owing four, five and six years ; upwards of 200 owing three years, and with few exceptions, all owing the years 1830 and 1831. Have you seen the affidavit of your agent, veri¬ fying the fact that this man owed five guineas and the arrear at the time of the distraint ?—I have; he made some allowance even from what appeared to be the gross sum, to guard against any error which might occur in making up the account. The next charge is that of “ Mary M‘Donald, of Old Leighlin.”—That is an error. This is the case of a man of the name of Andrew M‘Donald, and the transaction is marked by circumstances stated in such a way, that they can refer only to that indi- Xll APPENDIX. vidual; I think this will come better with other cir¬ cumstances. The next is No. 8, of the charges: “ John M'Nully lives on the hill of Old Leighlin, a very poor old man ; about eight years ago was sued at one time for the tithe of eight years; amount 2 1 .; paid \l. in cash; paid off the balance in work; offered to make his affidavit of having given the work; scouted by the parson; compelled to pay the amount a se- cond time in cash ; obliged, in order to make up the money, to sell two sheep, all the stock he had.” Is there any truth in that statement?'—Not as far as I know with regard to John M‘Nully, certainly; I have no recollection of the transaction to which he refers; but I am satisfied that no man tendering an affidavit would have been scouted by me. When per¬ sons are employed as labourers to discharge their tithe, they have only to obtain a return of their work from the person superintending their labour, and that ticket handed in to Mr. Rainsford would be a complete discharge for so much. If any man had paid you the amount of your tithe in work, would you have refused him credit for it?—I am confident, that if a doubt existed in my mind respecting it, I would have submitted to pay it myself sooner than have permitted the individual to suffer injustice. Have you the slightest recollection of having re¬ fused this man credit for any work he had done ?—I have not the slightest recollection of it. Do you believe there is the slightest ground for this charge ?—I do not, and when I say that, I refer to the account and affidavit of my agent; in that he states “ That John M‘Nully, of Old Leighlin Hill, in said county, passed his promissory note for the sum of 1/. sterling, as an arrear of tithe due to the Rev. Thomas M. Vigors (in the year 1826 or 1827)” APPENDIX. XIII that is, that he passed a note about that period, as the conclusion of the affidavit will clearly show: “ and that he had freely and voluntarily done so, as he was quite sure he owed the debt, and that he paid said sum in the year 1828 in money, and not by sheep, as he alleges; and H. Rainsford further saith, that all work done by said John M‘Nully for Rev. Thomas M. Vigors, to the best of his knowledge, was allowed said John M‘Nully by said H. Rainsford, or Rev. Thomas M. Vigors; and H. Rainsford fur¬ ther saith, that said John M‘Nully owes said Rev. Thomas M. Vigors, up to the 1st Nov. 1831, six years tithe under the composition, at 3s. 8Jd. yearly, amounting to the sum of 1/. 2s. 3^d. Sworn before me, this 15th March, 1832.” He owes you six years at present ?—So it appears from this affidavit, and from the tithe accounts. That affidavit states, that he voluntarily gave a security in 1827 or 1828 for one pound; must not that of necessity have included the tithe of the pre¬ vious years?—As he owes for six years up to 1831, of course he owed the year 1825 as part of the tithe composition rent, and the 21. must have been accru¬ ing for several years antecedent to 1825. How much a year was his tithe?—I cannot tell what it was before the composition, but under it the amount was 3s. 8id. per annum. Can you say that the tithe was such, that the note he passed must have included some years previous ? —It must have been for some years previous to 1825 ; for it is sworn, and it appears upon the book, that he owes six years, including 1825, of course the ar- rear was some years antecedent to that. Consequently the statement, that he had paid his tithe, and twice paid it in the eight years before, must have been an unfounded statement ?—So it would ap¬ pear from the account of Mr. Rainsford. xiv APPENDIX* Do you keep an account of the labourers’ work ?— I did not at that time ; I have a man who superintends the labourers. I have not had a regular steward for some years ; he gave a return of the labourers’ work to every man as he called for the ticket, and that be¬ ing produced with my signature to it, obtains from Rainsford credit in the account. Was that given to the party every week ?—I cannot say that it was ; it was given probably at the period at which the person ceased to work, whether a week, or ten days, or a longer period. Is the person who keeps the account of the labour a tithe proctor or agent ?—No ; but the accounts are returned to him. The proctor may have distrained without knowing the state of the labour account?—I am satisfied that if a man said that he had not got a return for his work, that proceedings would be at once suspended. Have you ever heard a complaint of such conduct towards the labourers, that they were compelled to pay for matters for which they had been allowed in their work ?—There have been at times difficulties as to the amount of labour done ; but I do not know that any man has ever stated that he did not get that to which he was entitled; my conviction is, that I never hesitated to allow to any poor man that he was entitled to. In what manner have the difficulties arisen?— From their claiming, perhaps, more than it was con¬ ceived they had done. I have no positive instance upon my mind of any person having said that he had not had a return for his work; but I only state that as a circumstance which may have occurred. With respect to charge No. 7, do you know a per¬ son of the name of Mary M‘Donald, who is stated, “ in the year 1830, to have owed a tithe charge of 21 .; that she offered IL, all the money she had at the APPENDIX* XV time; refused; her cow distrained, kept in pound four days under heavy snow. A crowd collected to break openthe pound; cow liberated upon bail; hurlingssoon after in the neighbourhood; no warrants of distress executed since ?”—This case refers to transac¬ tions attended and followed by extraordinary and re¬ markable results. About the 20th of December, 1830, Andrew McDonald delivered to me a note, which I handed to a friend for the purpose of having it sub¬ mitted to the tithe committee (but I am not now in possession of it); it was in, or nearly, these words: “ Reverend Sir, the case of McDonald is one of such extreme severity, that I request you will take it un¬ der your own personal consideration, and afford him such relief as his misery demands (or words to that effect) ; by which you will oblige your obedient ser¬ vant, P. Kehoe.” Who is P. Kehoe ?—He is the parish priest of OldLeighlin. I immediately asked McDonald, “ What does this mean ?” “ Sir, Mr. Rainsford has my cow in the pound.” I believe he said since Friday even¬ ing, this being on Monday morning, “ How much do you owe ? “I owe five years’ tithe,” was his reply, “ but I will pay you 1/. of it this day ; my wife is gone into Carlow with butter; and I hope the re¬ mainder I shall pay very shortly.” I said, “ I am quite satisfied; or if you are disposed to work when the season comes round” (though this was in Decem¬ ber), “ you may pay the balance off as you used to do.” “ Oh, long life to you, Sir; you are always kind to me : but what am I to do for my cow ?” “I will write to have her delivered to you; and will go into town to inquire into the circumstances, previous to my answering Mr. Kehoe’s note.” Did you write the note ?—I did, to the pound- keeper (and delivered it to M‘Donald himself), to release his cow; he went away, thanking me. I XVI APPENDIX. found, on applying to Mr. Rainsford, my agent, that a similar offer had been made, on the cow being dis¬ trained, to pay the amount that day, with this difference, that for the remainder, which was something more than another pound, he would pass a joint promissory note with his brother to secure the payment of that, and my agent at once assented to the proposal, as I ascertained, but that McDonald never went near him afterwards, either to pay the amount or to pass the note, nor did M‘Donald state to me what had passed between him and my agent; he suppressed that alto¬ gether. Did he get out the cow ?—He did immediately ; but I never heard that bail was passed, nor of a “ crowd having assembled to break open the pound.” On my going to Leighlin Bridge to ascertain such act of severity had been used, which called for swh a letter from Mr. Kehoe, I found that Mr. Rains¬ ford had assented to the proposition made by M‘Donald, and having ascertained this, I then wrote to Mr. Kehoe to state, that so far from his having just ground to prefer a charge for severity, he would find that the circumstances, if he inquired into them, would call for an acknowledgment of indulgence on my part, and moderation on the part of my agent towards M‘Donald. I learned, I believe the same day, in the town of Leighlin Bridge, that this trans¬ action had been made the subject of some marked observations in chapel on the Sunday preceding, and on the next day there was a notice or notices posted up, requiring the inhabitants of the surrounding parishes to meet at Old Leighlin; that no one would fail at his peril, for the purpose of putting down tithes, or to that effect. The notice named the en¬ suing Friday, the 24th, as the day on which this con¬ course was required to meet: they collected at Old Leighlin in great numbers, as I was informed; they APPENDIX. XVII proceeded from that to Leighlin Bridge, and thence to my residence, within half a mile of that town. When collected on my lawn, the multitude was ad¬ dressed at considerable length by a person who was called by name, and which he avowed, not an in¬ habitant of, nor a landholder in the parish of Old Leighlin. Was his address calculated to excite the people to resistance to the payment of tithes?—Unquestion¬ ably, that was the whole tenor of his address; to place the tithes in an odious and obnoxious point of view, as unreasonable and unjust, or unwarrantable in the sight of God or man, to pay tithes to a Church to which the people do not belong. Has there been resistance to tithe in the parish of Old Leighlin since that ?—There has, the opposition has been general; there were some few payments made shortly after, until the influence and effect of intimidation was such that even those disposed to pay came in secretly for a time, and latterly they have been altogether afraid of doing so. Was this the first approach to opposition in your parish ?—It was ; I ascertained it by the distraint of McDonald’s cow ; I did it for the special purpose, arising from a circumstance which I have not men¬ tioned. A few days previous to that three persons of the parish came to me, saying, they had been called upon to pay their tithe composition rent, but they were not prepared to do so. On my asking them how much was due, they said, “ Two years I replied, “ Surely, you ought to pay me by this time.” “ No, the rent and taxes are so high we cannot pay you.” I said, “ I have nothing to do with that; that is no reason for your not paying your tithe.” No one said a word about the tithe being overrated, nor do I recollect any general statement of the tithe being overrated; on the contrary, I believe APPENDIX. .. *• * Xvill that if the parish was valued it would be worth nearly 800/., or 900/., or 1,000/., instead of 500/., Irish, at whieh it was settled. Did you make any representation to the magis¬ trates of the conduct of this person who addressed the mob ?—First, I would beg’ leave to observe, that he came to my house on the same day with the Rev. Mr. Kehoe, who made a proposition to cancel the tithe composition: this was on the 24th December. On the 26th, a magistrate in the neighbourhood ap¬ prised me that a meeting was convened by the high sheriff to be held on the following day, and that I was expected to attend. I was there called upon to make a statement of the transaction to the magis¬ trates ; that was transmitted to the Castle of Dublin ; and after a few days I was called upon to verify on oath that part of the statement which referred to the individual to whom I have alluded. From that time I was informed that I became a marked object of hos¬ tility to the people ; and I then heard there was a requisition posted up in the parish of Old Leighlin, to have a statement of grievances got up, for the purpose of preferring charges against me, I suppose to make it the pretext on which to rest the opposi¬ tion ; though subsequent to those proceedings, I un¬ derstand that the individual I have already mentioned accompanied Cecilia Farrell to a magistrate, and ten¬ dered an affidavit. The magistrate, who was her landlord, stated to me that he refused to receive it. While the crowd were assembled on your grounds, this gentleman came to your house, accompanied by the Rev. Mr. Kehoe, who required you to cancel the composition?—He did. With reference to my state¬ ment as to the three persons who had been with me some days before, on my saying that the rate of their taxes was no reason for their not paying me, they said, that the Rev. Mr. Mahar had desired them APPENDIX. Xl% to call on me to reduce their tithes ; and I considered there was an hostility raised against me in conse¬ quence of the statement which I was required to make respecting those persons, and that that was the foundation of these charges being got up. The parish of Powerstown is not Under composi¬ tion ?—It is not. The first case stated in the parish of Powerstown is that of Edmund Carney, Townehar: “ Edmund Carney, Townehar, sWorn before a magistrate, that he paid his tithe all to 2d., and not having paid the 2d. was processed for it; and not having then paid, it was processed a second time for Is. 2d., being cost of the first process with the 2d.,; the amount of his tithe was 6s. ?”—I disclaim all knowledge whatsoever of this transaction in whole or in part, or anything connected with it. Did you apply to your agent upon the subject of that charge ?—I did ; I wrote, giving him exact co¬ pies of the charges as they were stated to me ; and desired that such answers should be given as he could supply, on oath. The curate of my parish, and an¬ other friend, wrote to me, that my agent had peremp¬ torily refused to make any affidavit upon the subject, but he gave a written statement, the statement which I hold; it is in the hand-writing of my agent. Did he give any reason for not making the affida¬ vit ?—He has to mvself since, that “ neither his life or property would be secure if he furnished any affida¬ vit upon the subject; that that was not only his own conviction, but that he was so advised (by a most re¬ spectable Homan Catholic parishioner}, that his ad¬ vice was to keep himself quiet ; that the persons who w’ould swear to that effect, would not stop at any thing.” In the written statement he made with respect to this first case, did he deny the charge ?—Positively XX APPENDIX. and peremptorily he denied his having filed or autho¬ rised a process to be filed for any such sum as 6d., or Is., or 2s. 6d. I believe that the process-server, if he is examined, can say the same, James Keefe, Gorman. Have you any means of knowing whether your agent is a fair and moderate man ?—I have every rea¬ son to be fully satisfied that he is ; he held the tithes from me for the year 1825, and managed them on his own account, and he has been continued by me in consequence of the desire of the parishioners, being a man very much liked by them. Have you ever had any complaint made of oppres¬ sion or hardship on his part ?—I cannot bring to my mind that I have heard any. When did he commence ?—He commenced in the year 1825 ; Mahar had acted, I believe, twenty years before. He was a man whom I found as tithe proc¬ tor of the parish of Powerstown, on my being pre¬ sented to it in the year 1817 ; he was most earnestly recommended to me by the late Sir Edward Loftus, as a person of tried integrity, who would do me jus¬ tice, and be well received by the parishioners. The next charge refers to “ William Brofy, of Pol- lough. Can swear that he served Rev. Mr. Vigors with notice to lay out his tithe; that Mr. Vigors at¬ tended on the day in his field; that Sir Nicholas Loftus interfered to settle between Mr. Vigors and Brofy,; the parties agreed to his settlement; he, Brofy, declares, that as soon as Sir Nicholas rode off, the Rev. Mr. Vigors broke the agreement, finding it his advantage, and had Brofy’s corn carried off to his (Mr. Vigor’s) barn.” Was there ever any agree¬ ment made as to this man’s corn?—No; I deny that positively ; an agreement was not made with regard to the wheat, it was being delivered at the time I met APPENDIX. XXI him and Sir Nicholas Loftus, not in the field but on the road. Did he set out his tithe ?—Yes, he gave me notice to receive the tithe of his wheat, without having in¬ quired the rent of his tithe. “ Brofy further declares, that he holds but four acres of land, on which he keeps a horse and cow, and that he was charged for tithes for his little tillage, 21. 5s. 6d., and that as once he could not be punc¬ tual in his payment, two drivers were sent to drive his cow, and did drive, for which each driver charged 2s. 6d., and his wife wanting Id. of the 2s, 6d., the driver obliged her to send him one quart of new milk to pay up the balance.” What was the charge against this man for his tithe ?—For the last seven years it appears to be about half the sum stated there. In the year 1818 and 1819, which are both put together, I do not know the amount of each year ; in 1820, there appears to have been \l. 18s., and he not only discharged that by work as a mason, but received from me, what appears to be the balance of 2 l. 12s. I have the account furnished in his own hand-writing at the end of that period, that is 1820: his tithes had fallen rapidly, so that his tithes had been 18s., and 16s., and some 20s., and that appears to be the average rate of his tithe. The highest from the time he paid off in full would be about half?—Yes; and so my agent states. He adds, “ For those seven years, his tithe was about half of 21. 5s. 6d. ; I do not recollect that I have had a decree against Brofy, and never sent a driver to him.” Does he owe you much tithe at present ?—It ap¬ pears, from referring to the book, there was an ar- rear of two years besides; I believe the two latter years, but the book is only to 1829. Do those books contain an account of all sums XXII APPENDIX. paid?—They are rather a recapitulation of the ac¬ count, showing* the total amount of tithes due, and the balance struck up to the year 1829; I have a se¬ parate book of 1830, but I have not brought that into account, for I have very little for that year, and less for 1831. Do you know what Brofy’s payment may have been among those few of which you have not brought the account?—I have the account in town; my firm belief is, that Brofy has not paid anything for 1830, but I will ascertain that precisely; there were very few payments made for that year. The next case is that of Thomas McCormick. He states, that he “ can swear that he paid Birdshal, Vi¬ gors’ proctor, the tithe of one field in kind, and that he paid the rest of his tithe in money : that notwith¬ standing, Birdshal, on the part of Vigors, summoned him different times to the petit sessions to pay the tithe of the aforesaid field over again, and being de¬ feated there, Birdshal served him with a citation to appear in Carlow. Cormick, finding the cost accu¬ mulating, and the court about being held in Hell, came to a compromise, and passed his note for 25s., which note, however unjust, he should have paid, were it not for the timely interference of the hinders. Cormick also declares, that his father-in-law, Mi¬ chael Haydon, now deceased, paid Vigors’ proctor, Mahar, 3/. for his tithes. He having gone to New¬ foundland, Mahar processed Haydon for the 31,, and compelled him to pay it over again with costs ?”— Mahar had ceased to act for me since the year 1824; but I will say, that I have never heard of the tran¬ saction myself to my knowledge ; I rather believe, if the man had stated in court that he had cast my proc¬ tor in an action as alleged, the suit would not have been entertained. Mahar, who is alluded to, is dead ?^-Yes, he died APPENDIX. XX111 about 1826, but had not been able to transact busi¬ ness since 1824. Was any complaint to this effect ever made against Mahar to you upon this subject?—I cannot call to my recollection that I have had any complaint against Mahar’s conduct except in one instance, which I have stated, respecting a claim on behalf of my prede¬ cessor. Does Birdshal deny having summoned him ?—I do not know whether Birdshal was made acquainted with this charge; it was not among those transmitted to me. Have you any reason to believe there is the least foundation for it ?—It would be contrary both to the instructions under which he acts and to the character of the man. The next is “ Widow Carney, of Townehan; having settled for her tithes, being 35s., her son paid the proctor, Birdshal, 34s. 6d. ; Birdshal, at the pro¬ cess time, processed the widow for 6d., and obliged her to pay 6d. with Is. costs; this has been sworn ? —Birdshal states, in reference to widow Carney, “ that having summoned her to the petty sessions, he informed me then that she was a poor widow, and I made her a present of whatever was due at the time ; and that she never paid any such thing as 34s., or any such sum to his knowledge.” I think 1 saw that statement on one of the books in passing over the accounts, and that the sum remitted to her was 19s. What does she owe you now ?—That appears upon the book: for her tithes of 1823 and 1829 there is 1/. 8s. 6d. remaining due to me, besides the two years which have since accrued. In a year’s time her tithe appears to have amounted to 34s. 6d. ?—No ; 11. 8s. 6d. is the highest sum that appears charged against her with which I am fur¬ nished ; this account is given on oath ; I received this XXIV" APPENDIX. book in Dublin only on Saturday morning-; and in¬ dependently of the accounts, when I looked over them, having- been furnished on oath, Birdshal lies made this declaration : “ The foregoing- is a just and true account of the balance due by the several pa¬ rishioners of Powerstown for their respective tithes, due to the Rev. Thomas Vigors, to and for the year ending August 1829; and the several sums therein set forth due and owing by the several persons in the said account set forth, over and above all fair allow¬ ances and payments whatever. Dated this 31st day of March, 1832, Richard Birdshal.” I would here observe, that the gross amount of arrears remaining due upon the four years, is 588?. 19s. lid., upon a tithe averaging less than 500?. a year. Up to what time is that ?—Upon the years 1826, 1827, 1828, and 1829; that account is furnished upon oath, and I consider that it affords the most con¬ vincing proof of the moderation with which the tithes of this parish have been conducted. Was that the amount of the agreement with the parishioners ?—This is the stated account settled with the parishioners, as far as there were agreements ; in any instances in which they have not settled, there were such amounts affixed to their names as the agent was prepared to establish. The next case referred to, is “ Thomas Healy, of Townehan; has sworn that he holds but 14 acres of poor land; that his tithes were valued at 4?. 10s., which he punctually paid ; but once having been 6d. short, was processed for the same, which he paid with Is. costs.”?—All that appears here is, that Thomas Healy’s tithes in 1826, were 2?.; in 1827, 1?. 17s. 6d.; in 1828, 3?.; in 1829, 4?. 9s. 6d.; there is aba- lance of Is. 6d. entered, due. Have you had any communication with Mr. Bird¬ shal upon the subject of this charge ?—Yes ; he says APPENDIX. XXV with regard to Healy, “ Andrew Healy, brother to Thomas, took this tithe from me, and stated the rea¬ son, saying, that his brother Thomas was not fit in mind or memory to do any business at the time; and I deny that I ever processed him for 6d., or anything so low as 2s. 6d., which the above (Keep) may recol¬ lect, if his books are not able to show.” Keep is the process-server. I desired to have a statement from him of the amount he had served processes for. I was so hurried in coming over to England, it was not in my power to apply for or procure them; he refers to the process-server to confirm his statement. The next ease is, “ Edward Murray, of Borough. Can swear that he held but two acres of most barren ground, and that he was unable to till more than one acre; that for that acre he was charged 16s., and a warrant of distress granted at the petit sessions, though the tithe was not worth 5s. He also can swear, that in consequence of this overcharge and costs, he was obliged to give up to the landlord all but a little kitchen garden ; and three years after they trumped up against him 15s., for which they cited him to Carlow, and not being able to fee an attorney, he was obliged to pay them their demand. He also states, that he had not nor could not procure more than a few pence to defray his expenses for the two days he spent in Carlow, though he had thirty miles to travel. His land was not worth 10s. per acre rent.” ? -—I do not find any such name as Edward Murray in the tithe-book, nor is there any such townland as Borough in the parish of Powerstown. I apprehend it is a clerical error, and that the name should be Edr ward Morrassy, and the townland Curraugh Lane. Supposing it to be Edward Morrassy, would the charge with respect to him be true?—I have no know¬ ledge of the quantity of ground held by him, or the circumstances detailed. On referring to Mr. Mahar’s o XXVI APPENDIX. book for the years from 1818 to 1824 inclusive, I find that with the exception of the year 1818, the charge for which is 16s., the charges are 11s. 4^d. There was a balance of 19s. remaining due in the year 1824. Y ■; - : The next person is “ William Gahen, of Powers- town. He can swear that he holds one acre of land, for which he was charged 14s. tithe. Gahen having refused to pay a tithe so exorbitant, was cited to Carlow; knowing the court he was cited to, he came to a settlement with Birdshal, and was obliged to pay 19s. tithe and costs, and three days at hard la¬ bour. He, Gahen, can also swear that he sold the produce of half the acre for 24s.” ?—I am altogether unacquainted with the circumstances that are de¬ tailed. Was this one of the cases of which you were in¬ formed before you came here ?—No; I think not. Had you any opportunity of conferring with your agent upon the subject ?—No. These charges principally respect your agent ?— Yes, the charges refer principally to the conduct of my agent; I have given answers as to those which refer to myself. State the charges against him, the highest and the lowest ?—5s. 5d, is the lowest, and 10s. is the-high* est, and that only one year; the others were 8s. and 9s. In no instance you find 14s. as charged ?—No. Consequently that statement is utterly unfounded ? —Of course, as far as my books go back, to the com¬ mencement of my incumbency, it appears that he owed a balance of K. 7s. 4d. up to 1824. What does he appear now to owe ?—I find him returned to me at the close of this book insolvent; I conceive that is in respect of the U. 7s. 4d. It would have been a very idle thing for you to have APPENDIX. XXVII cited him to any court, being returned there insol¬ vent ?—That is quite conclusive against keeping up any further pursuit of my right. The next is “ the widow Breman, of Borrismore. Can swear, that when her husband died, and left her eight children, she owed the Rev. Mr. Vigors about 9/. tithe. She held six acres, which were generally tithed at SI. per year, for which she passed her note; she was soon after processed and decreed for same ; her harvest being reaped and stacked, his proctors seized on the produce of better than an acre of good wheat (which was considered by her neighbours to make nine barrels), and sold it and were themselves the purchasers ; it was carried to Mr. Vigors’ barn, and sold by him at 21. per barrel. The widow having no seed to sow about half an acre, went with tears in her eyes to beg that he (Vigots) would give her as much as would sow it; and also begged he would give her the straw for manure, but all in vain : his reply was, he wanted to buy bread for his children ; her children might starve if they would.” It is stated that she owed you 9/.; have the goodness to turn to your book and state the amount. Did she ever owe 9/. ?-— I have the charge here from 1817 to 1824 inclusive. In the book from that period, she is charged only one year, which I recollect is only \l. 7s. ; in the ante¬ cedent period under Mahar’s management of the pa¬ rish, H. 14s. l^d. is the highest charge in any one year. Then that statement is unfounded?—Yes; not only from that, but from the fact that the greater part of her tithes were paid by labouring work, by her sons, who were active, healthy young men, who were employed by me frequently, and got payment to a very large amount for their work; so that she had sometimes 1/. 15s., frequently 10s. and 15s., and sums of that kind to her credit; I have various XXV111 APPENDIX. sums returned to me as having 1 been discharged by labour. What is the lowest charge against her ?—1Z. 2s. 9d. May not the 9Z. have been due altogether?—It was impossible, from th.6 accumulation of work and returns I have, and the large sums that were earned by her sons in different periods from the very time I went to the parish; the woman represented herself as being from my own country, Old Leighlin, and I gave to her a greater proportion of work than to others. Have you the book in which the account of that work was kept?—I have in town the account of several payments ; I have some tickets, and I have found an account of Mahar’s of the sums paid on tickets sent in for work, amount 8Z. 14s. Id. Have you a regular account ?—No, I have not. The statement is, that when her husband died she owed 91. ; at what time did her husband die ?—Be¬ fore I was incumbent, as I have ascertained, prior to 1816, so that she could not have owed me anything at that time, being prior to my incumbency. I was told latterly that the woman had played upon me, and that she was an artful woman, and that I must he cautious of her. You have stated that her sons had plenty of em¬ ployment from you ?—I have. What were her circumstances ?—I considered her very comfortable ; those young men were very active and healthy, and were always remarkably well dressed. Is there any truth in the statement, that you told her that her children might starve ?—Not the slight¬ est, as put forward; the sentiment never was uttered by me, it was on stating that her children would starve that my reply was made in the way of reproach APPENDIX. xxix to her, she having comfortable employment and means for them. Not turning away the poor distressed woman, tell¬ ing her that she and her children might starve ?— Not the least. Wherefore did she say that her children might starve; was that in consequence of her corn being taken ?—I suppose it was ; I have n.o distinct recol¬ lection of her corn being taken, but I recollect the woman coming to me. Do you know what quantity of corn was taken ? —I cannot form the most distant idea of that; I ima¬ gine it to be utterly impossible that it could be any¬ thing approaching to the quantity she has stated, just as much as it is impossible that the tithe could have amounted to the sum she states to be due ; I think one is as untrue as the other. Catherine Breman having been a widow previous to my incumbency, the statement is altogether untrue; it being abso¬ lutely impossible that she could have owed me any¬ thing at the time her husband died. You do not know when it was that this conversa-? tion took place, when she talked of her children starving ?— I believe some years ago ; I have nothing to fix the period. That was the period when the corn was taken, probably ?—I conceive so. The next respects Walter Ryan. “ Walter Ryan, of Birckile, has sworn that his tithe was valued at 5s. ; that he settled with Birdshal for same, and pass¬ ed his note for the payment, for which Birdshal after¬ wards processed him. Ryan being processed offered payment for his note; Birdshal refused to take the amount;, unless Ryan paid former costs which were incurred in consequence of citations, but said he would not proceed with process; he however did proceed in the absence of Ryan, and decreed him ; XXX APPENDIX. seized on his little corn ; kept two bailiffs to watch four days, without the knowledge of Ryan; Ryan not knowing what to do, settled with them, and was obliged to pay 15s. instead of 5s. ?”—I disclaim all knowledge whatever of those circumstances. Have you had an opportunity of obtaining infor¬ mation from Birdshal upon them ?—No ; there were only five or six cases, stated to be of the most pro¬ minent nature, stated to me, and that was not one. The highest tithe charged against him is 11s. ; the first year is 5s., the next 7s., and the next 3s., and the next 11s. ; he appears to owe 1/. 2s., almost the whole amount of the four years up to 1829 j of course he owes the two years since that. Was included in the account returned on oath?— Yes. If Birdshal is not a perjured man the account of those two must be false ?—Yes. There appears to he only 4s. paid out of the four years that Birdshal has managed it for me. Then it must be false that he paid Birdshal 15s. ? —Clearly so. In December, 1830, in consequence ©f the demand of the hurlers, who went from my glebe house to BirdshaFs at Powerstown, he made a solemn promise never to have any concerns in the management of tithe affairs, and promised forthwith to give up his books within two days ; he came over with a parishioner, in two days afterwards, as a wit¬ ness, stating that he considered it a solemn promise, which he considered as binding upon him, never to interfere again in tithe concerns :■ and he has now given his statement so cautiously that he would not affix his name to it; it was as it were extorted from him. K^rhas stated himself distinctly, that his life and property would not be safe ; and that was not merely his own conviction, but that he had been so advised. APPENDIX. , XXxi He gave up a lucrative employment in consequence of this fear?—Yes. The next is the case of Harding-; what is stated by him is this : “ That he owed a sum of money to the rector, Vigors, and was decreed for the same by his agent Mahar; and having no stock or property but two horses, which Mahar said he would seize and cant if he did not give him a field containing three acres and three roods less than the head rent, which was K. 10s. British; accordingly he was obliged to agree, though said field was well known to be worth 51. per acre. He held it two years, which was the length of time sufficient to clear off the debt; but the two years being expired, Mahar thought to keep forcible possession ; however he succeeded in bully¬ ing him out of the possession; he then ploughed the field, and got six guineas per acre for it; but were it not for his extreme want of money he might get 8/. bygiving six months’ credit. Mahar was at this time on his death-bed, and when he found that Hard¬ ing had taken possession of the field, he swore vehe¬ mently if he were on his limbs he would make him pay dearly for it.” When did Mahar die ?—He died in 1826 ; he had ceased to act for me in the year 1824. Had you ever heard anything of this transaction before ?—Never. No charge was made against Mahar in his life¬ time ?—Never, to my knowledge; he lived within 100 yards of the magistrate, who was constantly re¬ siding in the parish; and Harding was close by too; and it appears to me very strange that such a trans¬ action should occur without any application to the magistrate; it is unaccountable; there is a petty sessions constantly held in the neighbourhood. You never heard of this before?—Never. Have you any reason to believe there is the least APPENDIX. xxxii truth in it ?—I have no ground for forming an opi¬ nion, except from that circumstance, that I think it is extraordinary, if it is true, that there should have been no application to the magistrate. How does Harding stand in your books?—I think Harding was a man of punctuality in his transactions; he appears to owe to 1824, when Mahar’s books were closed, the tithe of the year 1824, 61. 8s. 3d. It is an excellent farm: he says himself that part of the land is worth 51. an acre. In November, 1825, he appears to have paid 31. of the money; and the ba¬ lance appears to remain in Mahar's book; it is under the head of James Harding. Thomas Harding ap¬ pears, according to Birdshal’s book, to have succeeded him; he owes 51. 12s. 4Jd., which is nearly two years tithe. The amount of his tithes appears to have been reduced greatly from the charges in Ma¬ har’s time, 5L, 41., and 21. 13s.; there is an old ar- rear of 3/. in this 51. 12s. 4d. His tithe appears to have been considerably re¬ duced ?—Yes; in Mahar’s time it was 71. a year, and .»it is reduced to 21. 13s. Veneris , C° die Apritis, 1832. The Rev. Thomas Vigors again called in, and further Examined. There is the case of William Henesey M‘Loftus. The charge contained in that case is this; “ P. Gor¬ man can declare on oath, that William Henesey agreed with his proctor for his tithe for the sum of 61. 5s. in his presence, and the same proctor decreed APPENDIX* XXXI11 him at court for the sum of 81. 9s., and took Samuel Henesey’s two cows and heifer, in the month of July, and sold them by auction for the sum of 8/.; the said cattle were considered worth 16£. ; and the year following- took said Henesey’s mare and foal, on a decree for the sum of 21. 10s., together with the cost of law, which amounted to 3/. 3s. 3d. so that he could no longer keep his land; he was obliged to quit the place, and he and his wife went to Ame¬ rica.” Do you know anything concerning that case ; was that one of the cases an account of which was transmitted to you with a view to its being answer¬ ed ?—I have no opportunity of obtaining any infor¬ mation on it, as the proctor alluded to has been dead for several years. Did you ever hear any complaint made to you by that man, or any other person, on the subject of this charge ?—I have not the most distant idea that I ever heard of it. How does he appear to stand in the face of your books ?—He appears clear in Birdshal’s books up to 1829. Can you give the amount in answer to that ques¬ tion ?—Up to 1829, in Birdshal’s books, he appears to stand clear. I shall refer to him in Mahar’s books. There are two William Heneseys ; they are so in the former books. In Mahar’s books, 220 or 221, William Henry Henesey, jun,, is stated to be gone to America in the year 1825, having paid within 10s. or 10s. 3d. of the amount due by him. The other William Henesey appears to have paid the whole, except a balance of 7s., up to the year 1824, in Ma¬ har’s time. He appears to owe 11. Is. 6d. to the year 1829. The next case is that of Patrick Lyons; as to whom it is stated, that he “ paid three years’ tithe in work to Mr. Vigors, who always sent him to his g 5 XXXIV APPENDIX. tithe agent with his bill of work, as payment for his tithe: that he never got a receipt from the agent, who was shortly after called away from this to settle his accounts in another world ; but that when he was dead his clerk processed Lyons for the same tithes, and gave up all into the hands of the next agent, *who decreed the poor man, and made him pay it again with costs of decree, bailiffs,” &c. Do you know anything of that?—I find that in April, 1820, in Mahar’s account, I am debited with 13s. on account of work by my order. I also find further credits to the same man for different work, and turf and other things he supplied me with. So that instead of its being as it is stated, “ shortly preceding the death of Mahar he was entitled to credit for these 13s.” it ap¬ pears to have been six years at least antecedent to the death of Mahar, to whom he lived close, and had an opportunity of seeing how his accounts stood; whereas it is insinuated in the statement that Ma¬ har died shortly after the period when he was en¬ titled to credit for this sum, and that he had no op¬ portunity for investigating it. It was six years before he died, or thereabouts ?— Yes; I am not certain if it was in 1826, or subse¬ quent to it, but it was about that time. Did he ever make any complaint to you on that subject ?—I never heard anything of the kind. He never complained to you ?—I have not any re¬ collection that he did. You left these things to the discretion of your agent, you said yesterday ?—That was speaking with regard to Old Leighlin ; we are now speaking of Powerstown, in which there were two agents, Mahar, who I found there acting as tithe proctor, and who was continued by me till age and infirmity rendered him incapable of acting; subsequent to the year 1824; he lived about two years after that time. APPENDIX. XXXV The whole of your statements are merely from what he told you ?—No ; with regard to some of the transactions, they have come within my own know¬ ledge, and those I have answered from myself, others I have answered with or from affidavits which I have been furnished with, and I am able to investigate others from documents that have been returned to me in an authentic form. What you have been just stating is from the ac¬ count returned ?—Yes, in which Mahar has debited me on this man’s account; I cannot pretend to say further than that. It would be most extraordinary if, during a period of six years from the time credit appears to have been given to him, the man could have suffered six successive years’ tithes to have run, without ascertaining whether he got credit for these 13s. The next statement is, “ that after his death his clerk processed Lyons for the same tithes, and gave up all into the hands of the next agent, who decreed the poor man and made him pay it again, with costs of decree, bailiff, and so forth. What do you know of that ?—It strikes me that the whole thing is a strange fabrication ; for I find it is not only for this sum of 13s. he has got credit in Mahar’s account with me, but for other payments. I am charged in his account, April 28th, 1820, Patrick Lyons by order, 13s.; 1821, May 8th, 8s. With respect to the remainder of the charge, did you ever hear of his having been processed by the clerk of Mahar?—I never heard of it, at least I have not any recollection of having ever heard of any such thing. Have you reason to believe there is any foundation for it?—I have no reason to form a belief on the subject, except from documents before me ; and the statements, put forth here appear to be contrary to XXXVI APPENDIX. the facts ascertained by these, which are the only means I have of forming a judgment. The next charge is that of Gorman. The case is stated thus: “ I can safely declare on oath, that my wife and six children were sick of a fever for five months; my money and credit were run out; I was still satisfied when I saw my little harvest ripe. I went to the proctor to agree for my tithes, knowing the danger of being in his power. I stated my piti¬ ful case, hoping that he would be more lenient, but to my great mortification I never found him so se¬ vere ; he thought I would give any sum he would ask sooner than let my family starve, but I would not give him his charge, it being 15s. more than usual; accordingly I set out the tithe, but my witness having died a few weeks after, the following spring I was cited to the bishop’s court, and obliged to pass my note for 26s. costs, together with his demand ; I had but two acres and a half, for which his demand was 1/. 15s. On another occasion, I was processed for U. 14s. tithe, which sum I paid, and took up the original note, and in two years after I was processed for the same debt, but having produced the note, the suit was dropped.” Do you know anything concern¬ ing that case ?—With regard to the first part of it, I am enabled to state, that I was made acquainted with the fact of himself and his family having been in a fever. About what time was that ?—I think it was about two years ago. I do not know anything of the transaction here detailed beyond the fact, that Gor¬ man mentioned that his family had been sick, re¬ questing my indulgence, and promising payment when he received the amount of work he had en¬ gaged to finish as a stone-cutter in Carlow gaol. I immediately acceded to the proposal, and agreed to take the payments as Gorman offered. Of the tithes APPENDIX. XXXvil from 1817 to 1824, amounting' to 15/. 13s. l^d., he paid by work done for me 13/. 11s. 5d. He owes four years’ tithes to 1830. I have his own receipts or bills before me, in which the account is stated. There is a remarkable feature attending- even the form of the first order; it is directed to Mahar the agent: “ I have engaged from Patrick Gorman three pair of stone piers, 3/. 15s. to be allowed in his. tithes for 1817, 1818, and 1819.” I have embraced the entire period of my incumbency, and I show here from the year 1817, in which my incumbency com¬ menced, up to the year 1826, he has credit for 13/. 11s. 5d., by work done for me, and the whole amount of tithes was but 15/. 13s. l^d., a difference of 1/. 2s.; so that he appears in that series of years to have paid by his work as a stone-cutter the whole of his tithe, with the exception of a trifle of 1/. 2s. He expressed his thankfulness to me for the accommo¬ dation of allowing him first to pay some money he owed, incurred by the illness of his family. I assented to the proposal, and said, I must now depend on your promise ; yet I believe there are now four years re¬ maining due to me, the entire of 1828, 1829, 1830, and 1831. The tithes of 1828 and 1829 would be 2/. 10s.; the balance appearing due is 21. 5s., besides 1830 and 1831. Can you tell if he was ever processed by you for any tithe ?—I believe he was. I am not quite clear whether he stated to me that he had been processed at that time, but I recollect I interposed and told my proctor he had promised to pay me by work. I have an impression of that kind on my mind ; I merely mentioned in reply to a question whether he was pro¬ cessed ; I believe he was; I am not certain ; I think he told me so himself. Did he on that occasion make any statement to you of what is now alleged, that your proctor was APPENDIX. xxxviii particularly severe upon him?—I have no recollection that he did so at all. Did your proctor, when you directed him to give him indulgence in consequence of his promise to pay, did he express an objection to do so ?—I have no re¬ collection on the point; but I am satisfied he would not do so if I had desired him to draw his pen and cancel the debt altogether; he could have no motive for not doing so. Did he complain to you of having been twice pro¬ cessed for the same debt?—I have no recollection of that whatever; I have a recollection of his having come to my house with a bill which he furnished of Work, and I gave him credit for the amount; I be¬ lieve it is this which I hold in my hand, and with a direction that the amount of his bill should be allow¬ ed him, on which I or my agent paid him the balance; it is struck in my own hand-writing after he furnished me some stone-cutter’s work. The next case is Daniel Murphy, Curragh, whose statement in that case is, that he “ can swear that he noticed Mr. Vigors to take the tithe of his oats in kind; counted out the same, which was left on the field till it was rotten, not being taken by Mr. Vigors or his proctor. Murphy understanding from the proc¬ tor that the tithe of the oats came to 2s. 6d., sold the remaining nine-tenths, which amounted only to 2s. 9d. which left him a balance of 3d. He was also put to 8d. costs the same year, being cited for the crop, in¬ cluding wheat, oats, potatoes, and when paying the costs he wanted Is., for which shilling he was after¬ wards processed.” Do you know anything about that charge ?—Nothing beyond what the books furnish me. With regard to the transaction, it is already in evidence, that my proctor has stated that he never processed any man for such a trifling sum. As to myself, I do not suppose that any notice was served APPENDIX. XXXIX on me personally ; I suppose it was served on my agent. You have no recollection that any was personally served on you ?—No; nor was it the habit to do so. Was he processed?—I have no knowledge what¬ ever of it. Are you at all apprised of the statement, that the oats which were set out were left to rot in the field ? —I am not apprised of it; but I am aware that in a great number of instances, after the tithe composition failed to be carried into operation, as I stated yester¬ day, there was a desire to reduce the value of the tithes of the parish, in order perhaps to effect it on such reduced scale, and that notices were served to set out the tithes. I believe, on the statement of a variety of persons I then had occasion to employ, that there was much of fraud committed in setting out the tithes; and even, as was proved in court, in some instances the tithes were fraudulently con¬ veyed away; and I should think that corn being left on the ground to rot must have been in consequence of my agent being convinced that the tithes were not fairly set out, in such a way that he could have proved some fraud in the transaction ; that is, however, but a general answer. With the particular case I am not acquainted ; I was acquainted with several cases in which facts of the kind were proved to have been committed. Were you apprised of this, so as to be able to ob¬ tain from Birdshal any explanation of it ?—I find not any notice with regard to Daniel Murphy, Curragh, in particular; I believe his name appears only for one year; and in looking to it there is no notice whatever, nor any reference to any transaction of the kind. How does he appear to stand in your books now ? —-He does not appear in any book till 1830. I find the entire tithe of the year is rated, without any ob- xl APPENDIX. servation of credit for payment, or anything - with reference to it. I have searched the preceding books, and I cannot find any such person as Daniel Murphy; and he appears to owe the entire of the tithe of that year, 1830, the only year in which I find his name entered. What is the amount of the tithe charge ?*—The tithe charge for oats 3s., potatoes 7s. 6d., wheat 3s. 6d.; making in the whole, \l. 8s. 6d. The next case is that of “ Ned Curran, in the pa¬ rish of Grange Litta, who can swear that he passed his note to Mahar, not being able to pay when de¬ manded ; but when the time for paying mentioned in note was expired, Curran paid the money, but left the note lying in Mahar’s hands ; neither did he get receipt for the sum paid; but in two years after he was processed, and decreed for the amount of the same note again, and his horse, the only property he had, was canted for the amount of note, costs, &c., and has been since left without one.” Do you know anything of that charge ?—There is not any such de¬ nomination in Powerstown ; the adjoining parish is Grange Sylva, of which Mahar was also proctor ; but I have no concern with that; nor is there any such person, as I could discover, holding tithes in my parish. The next case is “ Maurice Gehan, who states he can swear that he was compelled by Mahar to give him an acre of meadow, worth at least hi. for 2/. 10s., in lieu of tithes which Mahar said were due to him ; and Gehan fearing lest he should be visited with Mahar’s ire, had to consent to the aforesaid agreement. But this was not the worst of Gehan’s case, for Mahar afterwards charged him with 8s. tithe for the said acre ; so that the net amount of the meadow was 6nly 21. 2s. Gehan had also to give Mahar a heifer at his own valuation.” Do you know any thing of Appendix. that ?—My observation on that is, that Mahar is dead, and nothing- to explain the transaction appears in his book. Was any complaint ever made to you on the sub¬ ject?—I have not the slightest recollection of any complaint. I have stated generally my firm convic¬ tion, the result of the recalling every thing to my recollection, that I have never had a complaint pre¬ ferred against Mahar in any instance but one, and that was not with regard to my own tithes. You know nothing whatever of this?—No. With regard to Gehan, he appears to owe, for 1829 and 1830, £4. 4s. 6d., besides the tithes of 1830 and 1831. As to the transactions with Mahar, I am alto¬ gether unacquainted with them; they appear not to be matters connected with the tithes. There is a general charge against Mahar, “ that for 24 years he always acted in the same manner, and has frequently compelled the poor to pay one year's tithe twice ; taking from them every article of either land or property which he fancied, at his own valua¬ tion ; and those who refused were sure to suffer. Note, this Mahar had been bred up a Catholic ; but a Pro¬ testant curate, named Litta, lodged at his father’s, to whom he paid £10 a year, and employed young Mahar at a guinea a year to carry his bible and sur¬ plice to church : he also taught him to write his name and add whole numbers. This Litta having farmed some tithes, employed Mahar to assist him in the _ collection ; and as he evinced great zeal in his voca¬ tion, and a disposition not to be swayed by remorse or compassion, he became himself, on the recommen¬ dation of Litta and Sir Nicholas Loftus, proctor or farmer of the tithes of the parishes of Powerstown, Grange Sylva, Paulstown, Kilmavahill, Dungarvin, and Ballinkillen, through which he exercised his cruelties till his death.” Do you know anything of t » * xhi APPENDIX. that ?—I have stated that, on my being presented to the parish of Powerstown in 1817, the late Sir Ed¬ ward Loftus, in the warmest manner, recommended Mahar as a person in whose probity I might confide, and on whom I might rely as a person that would give satisfaction to the parishioners; that he had been a number of years acting not only as tithe proc* tor, but had himself rented the tithe. There was a remarkable expression used by one of the family, that he was not only an honest man, but a person having principles and feelings beyond those in his situation ; he was a man of honour. You have already stated to the Committee, that there never was a complaint respecting any claim on your account made against Mahar, during all the time he acted for you ?—That is my firm conviction, and at all periods ; I have it on my mind that I never had a complaint produced against him, except in the solitary instance already stated. There are two other cases, Maurice Gehan, and Martin Cullen, which relate to transactions of the same nature, alleged to be done by Mahar, making him pay over his tithe; do you make the same reply as to that ?—Yes. With respect to these men, how do they appear to stand in your books; do they appear to have in¬ dulgence ?—They appear to owe, Maurice Gehan, SI. exclusive of the tithes of 1830 and 1831; and Martin Cullen appears to owe £4. 4s. 6d. independent of the tithe of 1831. What is the annual claim against them for tithe ? —At the time Mahar gave up his accounts to me, Martin Cullen appears to be indebted in the sum of £3. 14s. 8d. which was more than the amount of the tithes of the year 1824; and he appears to have paid in September 1825, through the hands of Mahar, 21.; and he appears to have paid at a subsequent APPENDIX* xllil period the balance, through Sir Nicholas Loftus dis¬ charging the amount. As to Maurice Gehan, he ap¬ pears to have owed £5. Os. 4|d. at the time Mahar gave up his accounts, and it has been paid off; the first by cash through Mahar, September 1825, and the remainder by order of work ; both those entries are in my own hand. Mahar’s accounts are closed in 1824; and he appears to have had till September or October 1825 to pay off the arrears. It would seem from that as if they had settled in account ?—The entry places the amount to their credit, as the payment has come through the hands of Mahar. Neither of these men have made any complaint to you respecting these charges ?—I have no idea of anything of the kind. You have told the Committee the character of Mahar; what was the character of Rainsford, the man who is employed by you in the other parish ?— He is a man who stands high in character in every respect; he is a man of principle and strict probity. Have you had any complaint against him from the people, for exaction or oppression ?—-I have no idea of having had any complaint on account of his con¬ duct in the management of my tithes; on the con¬ trary, I believe he is esteemed among the people who have dealt with him generally; he is a shopkeeper in the town, and I believe a great number of the parish¬ ioners of Louchlan have been in the habit of dealing with him. Independently of that general statement as to the character of Rainsford, I had special ground of forming my opinion, and I had never had cause to change it,