ri,^^:^;- . .;■■-■;.■•. ■::;.;■.:■ -v. : x-^-y-'-r ' .. *■:■■■:■■ -yii'i 'M^m. '■-.•Msi .,-4,' V >^J j^^lTERARY .'•. ••■ x' « ,;iV' >_ • In nova fert^nimus llJiittlMiQlSml^^ ' oyiD« Ouo te^eam vtiltus mutantem Frotea nodo? '■aOEiMSK-; >7-yVaruedudentgpecaegatqMeora : ; i " • ' ' > fommaeTCitetinxMBnfc. 2^iU^|nate mag^nmteHte tauKJa ViB^ . ^ ^^^,. , . ,, , Mi. * ''-=^0,;.; ^.;:-'?;i^":'':: '. '^ ■ ■" ' . DUBLIN^;" . .^: ■-/'•'•■•% ^^^ :'^^ ^..'■^ 'BOOKSELLER TO HIS Mili^^E^S^^^ vfX ^^ J^i» IKWAL HIOHNE|3 TlfiB IWi^ t)?* C|A» 1^ ■! " ^IS^'jEXCELLENCY^ ^^^^' ■^- " - - -^ -- Up SEARQUI^ WE^ES AND THE UJSni^96ltT t)F • DWiUN... , ! ' .i . "■- ' .'•'.'. ■ ft : /■ **--- '■'>■'- ;.v^- i F^l ■y . ■ ■■* -.■^'."■Vt-" '^'*. "^'^ i ( ^ '^W: i. •3' M CONTENTS. Rock'Barton preface, page i North abotU xix Letter from 0. Banter 1 Billets from other gens de lettres 24 Bartoniana .,. . * . . 32 Letter from a Namesake •••...•. 6l Collations 64 Syllabus of Irish Tracts and Topics 72 Notices of S.N. 90 Notes 129 Parrallels bettoeen C. B. and E, B, 134 Epilogue 147 t :■ -5 403589 1 ■«*,.> =3*. 1..- -* * i V '% l^yrMEftlQIBS OF CAPTAIN ROCK ' " ■" i RoriBUs Vidi docenlem ; • ' ■ e^ aures Capripedum* Satyrorum acutas. Evce, recenli mens trepidat metu : ' evae, parce L>awiK ! What shall I say of this work i Undoubtedly that it is a spirited and lively one : full of wit, and playfulness, and point, and information ; occasionally servhig up wholesome lessons and important truths, in a seasoning of smiles and pleasantry, that while they give these flavour, conceal perhaps some sprinklings of pernicious falsehood, which (a V ins^u du Cuisi- nierf ) are mingled in the dish. *" ** I have seen my father, and some of my uncles, bending for houn, with melancholy faces, over their spades ; when suddenly one would fling his in the air, and instantly the whole party would take to capering^" &cet. — Mnc OF Captain Rock, p. 247, As for the trepidations which I have acknowledged, perhaps page 275, and some others, might explain them. As for my implying that the Jtock family are of the Satyr kind, their capering may be considered as some evidence that they are : and how does Ariosto (or is it Tasso ?) describe the martial sons of Erin ? — — — — — irsuti manda La ^visa dal mondo, ultima Irlanda. "^^ ' f N'est ce pasqu' il faut parler Frangais, Tor^u* on parle de la cuisine? .' . ■*' Vv"'V If the instructions which this writer gives, could be co nned to those for whom alone, I hope they were intended, and would v;. be conned with diligence, and without prejudice, by these, I think there is counsel in his book, which might be followed with advantage ; though I will not say that the whole of his advice ought to be taken ; nor perhaps that any of it should be pursued to the length which he would recommend. ^ But his lessons cannot be confined, in the way that I have been supposing. They are as audible to the Turbulent and Discon- tented, as to their would-be Rulers ; and proclaim as distinctly to the supposed misgo^rned that they are right, as they inform the supposed misgoverning that they are wrong. Now those whose passions are already dangerously up, are exactly the persons, who ought not to be supplied with the stimu- lant of an assurance that they are right. If as yet they be so, ^ the probable consequence of such encouragement is, that they will speedily be wrong : that they will rush beyond those certos fines, which, less incited, they might not have passed ; and that their violence and error will thus defeat the corrective pur- pose, which I am willing to suppose that their rash encourager had in view. Est quodam prodire tenus ; si non datttr ultra. When did the practice of a turbulent multitude acquiesce in this position ? When did their proceedings fail to give it a rude and reckless contradiction ? Ditm cequari velle simulant, J ita se quisque extollet, uf deprimet alium ; and in the headlong fury of this career, the ffjorferfl/zo /«cwcte /«6cr/fl//** will be lost. •\ '■ , i - . Besides, merely to suggest evils, is generally to do mischief: for it is to provoke an impatience and discontent, the effects of • Livy. , I 1 111 ::%^';jf: which may be pernicious. The suggestion of evil should be only what the lawyers call inducement. Our description of the malady should be but introductory of our plan of cure. We know that there be remedies, which are worse t;han the disease ; and when the supposed bane and antidote are both before us, we have opportunity for a choice, which should be made with caution. It not only is madness to get rid of bady by merely changing it for ivorse ; but it will frequently be wisdom to bear the ills we have, rather than fly perhaps to others that we know not of; and consequently which we cannot know to be more easy of endurance. *' Now what are the cures which this animated work proposes f Perhaps one of its faults is, that it gives us no distinct or de- finite view of these. Thus it becomes insidious in effect ; though possibly not so in intention. It paints in such lively colours the misery of our present situation, that in pur haste to migrate, we forget to inquire where we are going. What, I say again, are the cures which this work proposes ^ Let the author and the reader pause, and endeavour, from its pages, to collect and construe the mysterious answer. Abolition, total prompt and unqualified, of tithe ; — a re- duction of our Church Establishment, from its present — say gigantic — size, to very little more than lilliputian stature ; — a removal, without condition, security, or delay, of whatever remnant of disability attaches on the Catholic religion ; — the establishment, for the peasant's comfort, of a minimum-maxi- mum of rent ; — a surrender of the entire system of public education, into the hands and guidance of the multitude, to be regulated by the wisdom of this numerisumus class ; the State reserving to itself nothing but the right of bearing the expense: — a speedy, total, and everlasting separation from that country, which for more than six centuries has been sowing, in havock and oppression, the poisonous seeds of misery and revolt ;~I am not without fears, if these be not the remedies _^ ■% " sons who are neither illiberal nor unwise; and whose senti- / '\ " ments towards Catholics, while they conscientiously resist < " their claims, are, notwithstanding, those of chanty and good ''will. Their resistance is on grounds which I consider as ''insufficient: but he must be a weak or an uncandid roan, " who treats those grounds as merely frivolous and idle. The ^- ''\^ "question is a complicated and momentous one. Buried in "futurity, its remote consequences are beyond our ken; and " can be no otherwise reached, than by conjecture. The na- " ture of those consequences must therefore be a question, on " which reasonable and honest men may disagree ; and of " this difference the necessary result will be a correspondent " diversity of opinion on the subject of Catholic pretensions."^ I agree indeed in the entire view, which the same writer pro- * " Great indeed" (observes S. N.) " must be the caution with which any proceedings are adopted, that an enemy, for such the combinators in the South must be deemed, can interpret into an admission of their right to dictate, or an acknowledgment of their power. — Miscellaneous Observations, /I. 42. f Page 73, and ;?aM/m. I Reflections on the Lieutenancy of the Marquess Wellesley, p. 90, 91- ceeds to take of this important subject. Aixotdini^j I can- not but be startled by the doctrines, which I extract from thcwe verses in the Memoirs,* which conclude the first chapter of the second book. -d: It is true, the authpr impliedly intimates that insurrection should have an end. But I doubt whether he does not, by as - strong an implication, connive at, if not countenance its con- tinuance, until certain Greek calends, whose arrival is neither to be expected nor desired. Then the passage to which I have adverted, insists on the numbers of the Catholics, in a way that I do not like.f Their number supplies an argument; and to my views a strong one. But it is an argument which may with ease be pushed mis- chievously far ; and which is so, when its point and gist is in- timidation. Are English Catholics better situated, than those who pro- fess the same religion in this island ? If not, are they to re- main quiet, and are Irish Catholics to rise ? What better would such a doctrine be, than a two-fold recurrence to the droit du plus fort ? The British Catholic is to submit, because there the Protestant is le plus fort; the Irish Protestant is to yield, not because he has a weak and flimsy case, (its merits are not discussed, ) but because the vis consili expers of the country is against him. Now though the murmurs of a multitude must be entitled to the more weight, by reason of the many from whom they are extorted, (for show any thing to be a grievance, and the * Of Captain Rock, p. 156, 157. In conceiving that there is some mis- chief in those verses, I do not neaa to deny that there i»>a»^ truth. t As long as millions, &C, ■'■■%' X'' '■ ■i % -^?. m^ . more extensively it operates, the more it requires to be re- dressed,) yet I shrink from admitting the argument of num- bers, unless so far as it can connect itself with the merits of the case. I cannot bear, while we are employed in weighing these, that any thing should occur, like flinging a sword into scither scale.* ^ * ^ ., • Nay, while the number of Irish Roman Catholics supplies ' \ an argument for M^m, I feel as if, consistently with my allow- .-",fr» -. ingthis, I might found one, for the English Catholics, on the very smallness of their numbers. Forif it can be said to those ' '-] in Ireland, " we are apprehensive of the consequence of a compliance with your demands : we fear, that aquari velle simulandoj ita vosmei extoUetisj ut deprimetis nos :" — if such an objeotion may be raised on this side of the channel, yet east of ''■\'^ ** Mona high," it cannot be said that it exists. I am disposed to allow largely for the feelings of a writer, ^j ' i' whose soul is full, to overflowing, of freedom and of his coun- * May I offer the following lines, as a counterpoise to Captain Rocks* . ' at long as millions,* &c ? See p. 156. While of our swarming millions 'tis the aim, A whelming force of numbers to proclaim, * To such, it is no tyranny to say * Give place, proud throng, you seek to overplay: You preach not that we ought, but that we muit — And what, forsooth ? Be trampled in the dust' When millions hold such language, thousands may, And, reader, ought they not to— answer nay ? t-^- - As tho* you were but suffering thousands, call For wants, and rights ; and prove, and take them alL But bullying mobs we brave ; tho' Rock combine 'em ; And madly menace -war—iutemecinum. ' If the millions have the best of the argument, they ought, for this Very reason, the less to resort to suggestions of their force. Stet pro ralione vo- luntas more resembles the idiom of oppressors, than oppressed. ^4:-^v Vll try. But if I had weight or influenpe (I have not any) Ifaia - would moderate, what I was reluctant to condemn. The spi- , rited painter, on whose canvass I am gazing, has indulged in a strength of colouring, which deviates from truth and na- : ture : he has introduced some groupings that we must wish : away : he has given to what he calls resemblance, the distortions - of caricature. Whether he has done so with ill intention, is a question which I will not withdraw from the tribunal of his own conscience. KJeeit IndignatiOf (which may be the case,) he is, in favour of his patriotism, entitled to be forgiven : nor even while we blame the exaggerations of the artist, can we fail to detect the likeness which they shroud ; nor ought . we to exempt from every share of censure, those who have' furnished the sinister subject, and alarming features of such a picture. . • . V ■ But while I allow for that enthusiasm on behalf of Country, which would give force to every touch that delineated her tale of grievance. Sunt verba et voces, quibus hunc lenire dolorem possis ; and the same sentiment, which produces the tendency, will generally hold it in sufficient check. Heard ye the din of battle bray, Lance to lance, and horse to horse ? Long years of havoc urge their destined course; And thro' the kindred squadrons mow thdr way. Rapt into future times, the anxious Patriot hears it all ; and even in the swift career, and bold HAPPHZIA of his free- dom, there are topics full of peril, which Jerddis evitat rotis. He recoils from the hazard of exciting that motum civicum, of which the issue must be a conflict, that, dabbled in domestic blood, may lead the country he knows not whither : perhaps to a catastrophe of stern oppression, through a course of » ... - .. .^;. .\f>.-vr-.. :-..::,-.^-,r, vin knee-deep slaughter. The following effusion seems to mingle some good feeling with its bad verse.* ,^ ,.. r ■.'■■■' 'V '■"■' ;a • t • . .■'■■-'- ' Dear Erin, my country, I love thee well : j Better, oh better, than words can tell! pursued a selfish policy towards this country, of which the mere object was to retain it as a part of her national and im- ^ :, perial gre;itnes8. Perhaps, in the annals of the two islands, "I ,• the traces of such a policy may be discerned. But if one h < ' country desires that, which is conducive to the interests of nother, what matters it to this latter, though the motive, in . which this wish originated, should have been a selfish one ?f ; A man, wishing me to live, does all he can to preserve me from want, and sorrow, and disease. Is this because he has a friend- ship for me ? No : but because he is an annuitant for th term of my life. Shall I commit suicide, in order to punish the mercenary motives of his nursing care ? '■ .. i . Suppose Ireland should shake off her connexion with the Sister Country. This latter sibiconstet. She will endeavour to regain by arms, what her policy is said to have been directed to preserving. Suppose her martial efforts, to be crowned with prompt success. Behold us reduced to a vanquished and dis- trusted province. Are our circumstances thereby improved? Sup- pose that spite of her resources, her naval and other power, the conquest is delayed. Can it be more? And shall we not be the worse off, for this delay ? For what is the postponement, * And its third line is to my purpose. f The doctrine, which this question insinuates, requires some qualifica-. ^ ' tion ; which shall be given before I have done. ^- ■i'V' .. I 1.*> ^«,'.* IX ■but a prolonging of that miserable and destructive struggle, ^which, after -M.^. • :-''^X'^W'-:::%'-:'\'::^^^ ■ ' many > mortal bout - Of lioked carnage, long drawn out, , ;. "". \ / * Ts ultimately to terminate in nothing better than defeat? Would our consequent situation be better than it was before ? Or should we be placed at the mercy of a conqueror, (or jrather % 4it his foot,) whose military labours indeed were at an end, but „:>. whose hostile feelings, provoked by our resistance, still en- dured ?• * . r ' ■■-''■ - •- " - -**. '¥-"_■. ■;,.' Take another hypothesis, if you will. An enemy of Eng- ; i land assists this country, in its attempts at separation. Will not this Ally have a selfish object, and wish to appropriate the revolted country, — to set in her own crown the fair emerald, which has fallen from that of Britain ? Emmett thought so ; and acted (in 1803) on this opinion. For patriotism was > strongly mingled with the poor young;^ fellow's treason: his guilt may be said to have been political ; and was rather to be looked for in his head, than in his heart. Scarcely then ha» France relieved us from one embrace, until fresh and sanguinary struggles are begun, for the purpose of escaping from the Gallic one, which is proffered in its room. And who knows but in this new contest, we might look to Britain as an ally ? * But the stake is worth contending for, at this risk. Before you pro- nounce this, inspect your maps, and page 95 of Captain Rock. In solving questions such as these (if they were open to us) we should have to calculate — not merely the value of the prize, but the possibility of obtaining it. I am assuming for argument, without conceding, that to dissolve the connexion of the two islands would improve the circumstances of our own. b , ' ■■•:-' '.-■*.■ h ■ te .< But suppose the foreign power jbins the separatist cause* not with any view to uniting us to herself; but merely for the purpose of annoying and crippling England. By and by the diplomacy of this latter suggests to (in truth) the common foe, that there is a West India Island, or a commercial advan- tage, which would be more valuable to such foreign power, than the hot water it was keptin here ; and that Great Britain would rather part with the. aforesaid island or advantage, than go on, mangling and mangled by a portion of herself. France r could not object to a bait, in which no hook was lurking; ;:j-?t^ while Ireland would gain no benefit by this denouement, but _;v . that of at length ceasing to be the theatre of war; and xvould • . .', pay for this advantage, by being left to her altered state; y'M one of more dependence then she had previously endured. To recur to what, at the opening of this topic, I observed. The motive can only be immaterial, where, be this generous or selfish, the conduct which follows is the same. But I ad- mit, that between motive and conduct there is an intimate con- nexion ; and that where the former is narrow and interested, the latter is not likely to be liberal or wise. Honesty (the best policy in great matters as well as small) will not suffer itself to be made the tool of a selfish purpose. It will not mi- nister ; it must guide. It must direct the end ; and call on Prudence to supply the means. It is the influence which it thus has on conduct, that makes interested motive so pernfi- cious. Let the object of our rulers be to govern Ireland well ; and in accomplishing it they will produce, sooner or later, that attachment, which will firmly rivet its connexion with Great Britain. But let the retaining possession of this country, and its resources, be the end which their shrewd po- litical avarice has in view,— and their treatment of us will be tinged, and their object may be defeated, by the mean and mercenary motives, by which their conduct is inspired. They will give way to a dishonest fear of our becoming too power* rg^ffWyr^- n*l XI ful to be ruled ; and may find the estrangement which is ge- nerated by such a grudging system of half-faced fellou'ship, more hostile to the connexion, than our power or prosperity could be.;:"^;'^.3?i';^':r'v;\; ' ■ . -;r^' --r-v-^^^' ; :■'■'. ^^?''^^^::^0'^^' That Ireland has been misgoverned— is a position which I leave to the enterprise of others to deny. But delicta Majorum immeritus lues is a denunciation, the justice of which is suffi- ciently recondite; and what is there in thie conduct of the present Government, that betrays hoistility or indifference to the interests of the public ? They have resorted to measures of coercion. What is this, under the circumstances of the country, but to say that they have quelled a spirit of insurrec- tion, which was laying that country waste I What, but that they have stood between an infatuated people, and the ruinous consequence of its own fury and excess f And if, in carrying any part of this salutary object into execution, their Police have sanguinarily or oppressively outstept the line of duty, have these not been visited with the exemplary and instructive rigour of the law ?* * Latterly. Indeed I hope and believe that this has been so, as often as the case was brought within the cognizance of the Law. As to earlier pro- ceedings, and the exercise of discretion on the part of some vtho were in- vested with it, this is a part of the subject, on which I have no deare to dwell : though, if they knew who I am, Mr. ■■ ' ■ <, and at least two others, would at the same time know that there are some thinss Which I could botii say and prove : and let me add, if they knew what I am, they perhaps would not suffer a supercilious disregard of my suggestions to f - but agunst some of the individuals and hangers-on of which, I should scorn myself if my gorge did not continuaUy rise; or if I could otherwise appease the insurrectionary spasm, than by a determination so far to overcome my indolence (and perhaps placable and easy nature) as at length, if I live, to demonstrate what I am, to all Insoleuts, chief and subwdinate, whom it may ' concern. I See Note K. at end. I Memoirs of Captain Rock, p. 178. i^ ■>■•//■•■. ■ -J . • •.-■■■• ., ... ■■■- XIV V ■ - y' That which is difficult, will take time; and sufficient tirae should be given. In the interim, we ought not to fall into a passion with the knot ; or we shall but thereby baffle our own efforts to untie it. Still less should we abuse and execrate ii, in the hearing of a furious multitude ; who will be for cutting it at once; and who in doing — or in attempting to do — this, may sever that by which all their best interests are upheld. To return to the Catholics. On this subject, Rock's Bio- grapher advance^ a doctrine of some novelty :* viz. that the penal code was a true peace-preservation system ; and th^t we had less to apprehend from the discontent of Roman Catho- lics, while the Law held a ruthless foot upon their necks, and its penalties ground their fortunes, hopes, and families to powder, than now, when she has raised their body from the dust, and made them all but equal to their Protestant fellow subjects. I myself consider the acquisitions which Roman Catholics have made, as including reasons for our compliance with their further expectations. But the argument which I extract from them is by no means this ; that to accumulate favours is to generate just displeasure; and that every boon should excite— not a benevolent, but an angry feeling ; not a joyous consciousness that much has been obtained ; but an indignant recollection that something is withheld.f Such reasoning, unless I misconstrue it, would tend to show, that where a State can not, consistently with its fundamental maxims, place one class of its subjects on a footing of full and perfect equality with another, it must, if it would preclude disturbance and discontent, hold the former in deep, unquali- fied, and eternal degradation. If the argument be a good one nffto, it must have been so * P. 229, 230. f Nil reputans actum, dum quid supertiset ogendum. ■j- ■ ■ 4 CM'' before any concesgioiis were yet made. For illustrationi let us suppose'it to have been used in the year 1775 ; when the penal code was (I belfeve) in detestably full vigour. Let us imagine a colloquy to have then taken place, between the Biographer whom we are reviewing, — a friend to Catholic emancipation in its^fullest sense,- — and one who to a certain degree was fa- vourable, and beyond that length was a conscientioas oppo- nent of their claims. We will name the interlocutors RockitCf CatholicuSf and Anti-Cathe latter th^ fault lies. I do not pretend to say that it rests wi^h either : but^cintil investigation, ascertaining where blame ought to attach, shall have excul- pated the landed lajty^om such a charge, is it statesman-like, to resign the pea^nt to their hands, and expect that those who may perhaps have degraded him to what he is, will rabe him from a state which he has been plunged to by themselves, — and make him all he ought to be, and would have been, but for them i Is it policy, to surrender the peasantry of Ireland to those, who, if Mr. North be right, — and he is an intelligent and close observer, — having run the gauntlet of education, through Gton, Oxford, and a Continental Tour, return to give their tenantry the fruit of all their studies, by discovering, in their fathers' leases, certain flaws, which shall deprive these tenants of their estates ? This eloquent man observes, that '* its imperfect conquest was the first great evil which Ireland had endured." He does not follow up this topic ; nor shall I. What he did mean, I cannot very distinctly see. What he did not mean, is appa- rent. He cannot have meant that we ought to profit by the talents of that Great Captain whom our age affords ; and supply deficiencies which Henry, Elizabeth, and Cromwell left be- hind. It were unreasonable to expect, that a man shall be per- spicuous and decisive, where there is obscurity and difficulty in the subject which he has to treat : and this may be the case, with regard to raising the Roman Catholic clergy in the scale of society. But when Mr. North, having expressed a wish that they should be so elevated, adds, that '* above all, this eleva- tion should be the apt of Government," — I do not know what to pronounce upon his plans, until I hear more precisely what these projects are. In his objects, if practicable, I concur. But © Cj) I am not without my fears that his proposal may amount to this ; that the Catholic Clergy shall be raised, in a way in which they will not consent to rise. To insist too rigorously "' on certain means, might be to defeat and sacrifice the end : nor in general do I like to make an offer, merely in order to construct an argument on the rejection which 1 anticipate. In the subject of Orangeism too, I feel that difficulties are to be found. For more reasons than it can be necessary here to enumerate, I would treat the Orangemen with delicacy and respect.* For this one, ainongst many others; that I am persuaded a strong Protestant feeling (as it has been called) has been imbibed, — perhaps too deeply, — by many estim- able, upright, and soundly loyal men. But while (in fa- vour of such persons,) I made every allowance for OraUge scruples, I should not be equally indulgent to Orange obsti- nacy or perverseness. If I were the Government, and that ^ they tried their strength with me, I would endeavour to show them they were over-matched. The question is not ex- actly that which Mr. North has stated ; whether *' we should interfiere with the opinions of individuals." Of course I agree with him, that we should not. But we may forbid their form- ing a political university of factious colleges^ — for studying, cherishing, and perpetuating irritating prejudice through the land. The Legislature has attempted to put these seminaries down. But the letter could not keep pace with the spirit of the law ;t and, without transgressing the former, zealots find themselves still able to bid defiance to the latter. Now might not Government afford a suppletory aid to law, — and lending } ' it«elf to the kftert give this an extrinsic efficacy, that should enforce its spirit? It does not seem to me unconstitutional, j * And not with the mere appearance, but with the ideality of these. My ti^ttEient would not be the mere profesaon of what T did not in any degree feel. f 'ATH (which I ttiay reader Sanction) has limped ever since the day» of Homer. — 4}ut the reverse,^~that Goveraraent should show discoan-^ tenance to those, who beard or elude the spirit of the Law; and should deter them from continuing such defiance or eva- sions, by proving to them, that though they may not incur a J statutable penalty, they will, by such perversenws, mar their - ~ ' interests and prospects; and incur the displeasure of those whose province it is, not only to administer, but to uphold the ' v law. I see no objection to such a principle as the above ; — • though I may indeed discern difficulties in its application ; and admit that it ought to be most cautiously apd delicately ap- :^ plied. ^: But I come to the grand sedative, or anodyne of Mr. North ; that which if he had not ^ggested, we might have been at a loss to know distinctly what he meant to recommend. '* Elmi- . 1> gration on an extensive scale" is what he would advise. We are toshipthe People off. We are to restore our disafforested " districts to a state of scenery, which Rufus would have re- jj, lished; but which Goldsmith did not admire. We are to do what Rome was taxed with having done : to create a solitude; '■■'■^j^:' and dignify its stillness with the name of Peace. And this is i -^ to be but " a palliative" after all. Where su,ch proceedings .are "^'^'.4. to palUate, I tremble to hear of the measures that are to cure ; and should even think Lord Althorp's investigation accom- plished something, if it obviated the necessity, for such an assuaging course. , r*^ That prompt transportation for life, which the Insurrection Act assured us was a punishment for guilt, is now to be adorned and decked into a boon ; and proffered by afostering governments not to individuals, but to myriads. But is not V \M this for their rulers tp inform the people, impliedly t-hat they cannot, and expressly that they will not, endeavour to improve ; ": . their situation here at home ? Is not this for the sHate physi- ^ cian, to send the impatient patient, whom after mismanaging, he has given over, to die abroad, beyond the region of his sight and ear ? The latter could not endure the annoyance of the wretch's moans ; (perhaps of his reproaches ;) the former N \ - . :■ 1. ■e surmised, that in doing so, I could intend to convey the language of intimidation. No Sir : there would in this be a folly, or a meanness, from which I hold my- self exempt. I meant not to excite the terror, but to awaken die justice of the House. The feeling of my heart is, that no number vtould be too great to contend against, in a just and righteous cause ; but that thtee millions of acknowledged loyal and faithful subjects are too manv, to be exclvded from the blessings of our free and happy Constitution.'" — SrEKCw or thk Right HoNOKABbz Sir. Michael Smith, Babt. ly the Irish House or Commons, ON THE 25th or Februart, 1793. xl_ 'i-i ,-.'■* ,/ / -5 I -1 ~ y -^Kf- «?>* « ^ ^ * I ' X* - h-'^ \_ ^IT' , JpSTTER I. FROM O. BANTER, TO E. BARTON. Well, my literary friend, (for assuredly you and I are men of lettersy and nothing else,) what have you now to say, why judgement of pen-shun and ink-avoidance should not be awarded against you, according to law ? I mean the law of Prudence and Discretion. Do as you will, I do not believe you will be ever seen in your true colours : but at least you will not, as long as you appear in black and white. And ** simpleton," as was said to Mason, * *' you must be meek." Nay be so, in in the name of the most childish inexperience ; and, in the homely language of the same expostu- lator, " see what you will get by it." ' t ',"- ' 5 • By his correspondent, Gray. The Author of Observations occasioned hy the Letter of J. K. L. complains (p. xxxv.) of the ** provoking modesty of E. Barton ;" and, in page viii. of his preface, Declan admits of this Duncan, (not Dunce,) that he is "meek." A ^f .•'-■vj'. <;• ■■ " _ ■ _-:- .:■",■■'..'.•'■■ : '^ ;: '■;,;", . ;; -^^"^ . 1 - '^v Pope describes a learned friend of his, as much «* too wise to write." A succeeding poet, not sage enough for this, *• Yet left Church and State to Charfes Towilshend and Squire." And why should not E. Barton do the same? What's Hecuba to him, or he to Hecuba, that he should go out of his way, to meddle with her af- fairs? She is as Iktfe to him, as the^vitfe Mrs. Twitcher was to Gray. * In the name of a quiet life then hold your tongue ; and cease at length to hold your restless pen. Quiescas : peream male si non optimum eriL You have not Horace's ex- cuse. I know enough of you, to be assured that nequeo dormire can never be your plea : and as to the reader-class, there be essayists enow, to supply them with poppy and mairdragora, without your being at the trouble of contributing your mite; or sending a quire of pages, to chant their lullaby, t If hactenus et tacuit be henceforth your maxim, I shaR forgive you what is past. Meaning at once to amuse yourself and entertain your readers, your object was to put the Public in good humour with all its members ; or in other words, to reconcile it to itself. But hark you Comrade, you have alto- gether failed ^ and risk bringing an attack on your officious self. I know all that you would say j and * She appears to have been the Muse or Symbol of Gam- bridge Divinity, \a his dey. S«e ' The Cambridge Courtship,' in Mitford's Gray. f See Note A at end. V--. • ' ^■^: will reply it for you. Declan, in expressing a dis- pleasure which you are glad to know he no longer feels, did not forget that you were a gentleman, or that he was one himself. Even in his passion, lie did not treat you substantially ill ; and dealt most generously with you, on discovering the mis- take which had made him angry. As for S. N, he appears to be less your <;ritic than your friend ; and if the Author of * Observationsi on the Letter of J, K. L.* has sometimes quizzed you, he has general- ly done so with good humour, and good nature ; with considerable pleasantry, and no ill breeding* The ludicrous account of your " hesitations,'* * and of your " moonlight rambles," t abound in drollery ; and are by no means destitute of truth : and if ever you prefix a frontispiece to * Tracts and Topics,' I beg to recommend the reel in a bottle to your choice, t To the Author of * Thoughts on Tithes* § too, your best acknowledgements are justly due ; and the debt is one which you ought to feel pleslsure in discharging. In short all this is as you say ; and is nearly as gratifying as it is true. But how can w-e be sure that you will fare as well, with all whom you may come across ? That all your critics will be as mindful of what is due to themselves and you ? Besides, he who so humorously describes your saun- » Page 33. f Page 36. % See Note B at emL § A Munster Farmer. ''i:'--i terings imminente luna, has in some few instances approached to being severe. After bestowing upon you a first-rate genius, — which Nature certainly had not given, — in brevia et.syrtes urget : he represents it as lost, amongst the shallows of a judgement of no depth. He proceeds sorrowfully to contem- plate the supposed wreck of your mental p,owers, in a passage which might be compressed into qu ■ ■■^^vr^' • ' (with a freiafesh Bptinkk of the monkey in his composition, I should say ;) and there is as strong evidence that he wrote all, as that he wrote any of them. Yet hold! I go too far. The Complete Exposure is the pamphlet, which was ascribed most generally and confidently to him. > ^ t But I have done with my digression ; and return to my advice. In humble paraphrase of what rung in the mind's ear of the startled Cawdor, Still r cry write no more, to all the house: f ' Scribbling hath murder'd Time ; and therefore Barton Shall write no more : the Bear shall write no more. I know what you would say. You do not like the idea of being cowed.* I confess I do not over-relish it myself. Mais voyons un peu. If, as you went giddily along, — your eyes taking one direction, your feet another, and possibly your thoughts a third, — you unintentionally ran foul of Declan ; at first he might feel vexed, and lustily retort the shove. But the feeling would be tran- sient; and terminate good humouredly and quickly, in a mutual ecclaircissement, apology and shake- hands : and when, pour comUe, it came out that f Of Barton : which I hope will not prove Rock-Barton ; no more moveable to my entreaties, . quam si dura silex, aut stet Marpesia cautes. * A word which has been used by Shakspeare, I need not reject. ■4- - .'*>r' ♦ you were not the author of -the state of Ireland,, m^^ jostle which had seemed io. threaten a dis|>ute» might prove the rough and awkward prelude ta a footing of good will. f^«^^i>'^^^'-'^-^^^^^ -j^- ^ ^> But suppose, as you were proceeding more cau- • tiously after this rencontre, there occurred another, with a widely different sort of person ; and of a proportionably different description. We know not .whom we msyr come across, upon the pavement, or at the press. Suppose then you should innocently give offence to some captious knight companion of the " inky cloak ;" who rejecting all your apolo- gies, insisted on the immediate satisfaction of a wrestling match. Whether would you take to your ^ ; heels, or accept " the sable warrior's'* challenge? I shrewdly suspect that you would run away : nor ought the choice, which you thus made, to stigma- tize you as a coward. Besides, if £. Barton be not your name, it is your mask : and this your oppo- nent, contrary to the privileges of incognito, might pluck off; or you yourself might let it fall, in the slippery confusion of such a conflict. Then sciju dit se nvbes : the garish eyi^ of day breaks in upon you ; and farewell twilight perplexities, and dear mponlight reveries ! • Suppose us rescued, by Flight or Fortune, from . ....... * . ' .. ■« . ■ • * Second Editbu of Obseirations, p. 33, 36. -• "i^:: .■>■ ■ V- ■ ^ . '■ ' "'''■ '. ' > -f ' ■ ' , ■ ■ • . < 10 like, themselves. II had not become exfinct, wciuld have been genteel ; your friend Dedan must have &llen into some mistakes; or he knows more of your secrets :than are partaken of bj me. I was surprised to find him state, and as on your own authority, that you were tlie acquaintance oi Doctor Doyle. On look- ing into the page referred to, I merely found you asserting that you had never seen hiuL If from this it was inferred that there was an epistolary in- timacy between yeu,-^to such an inference I should have ventured to object ; even though I had not known the fact to be, that your Tracts and Topics could not with truth make pretension to such * correspondence.* Could note B • have been what led your Reviewer to this conclusion ? I will not say that the communication to which that note adverts, did not proceed from a Dignitary of the Church. I will not say whether he who made it was right, or very reverend ; or venerable only. But I know he was not Doctor Doyle; nor of Doctor Doyle's religion, t W^ If all the information which Decbn has ^ven me were authoritative, I shpuild have ground for somflBimigt either of my own slowness of appre- hension, or of your reserve. I, who claim to be your alter ego, did not know that your last essay had been written in three weeks ; and still less was I * At the end of TracU and Topics. t See Note £ at end. ..12 ^'i': ■ ; ^: II ware that you had taken pains to inform us 80» You have told 'Declan that you would recommend a tax on Absentees. * You declared to me, in the hearing of hundreds, t that «* you wished to re- ** concile yourself to theprindpk of such a tax ; « but had hitherto been unable to do so : though " you thought, that to a premium on resideitcethere ** would be no objection ; if such a one could by " any ingenuity be devised." You kept from me, your old. acquaintance, what you are supposed to have imparted to your new one ; that you were im- mersed — ^not in business, but in an overwhelm- ingly ' superabundant leisure, t I had not ima- gined this to be the case : though, in common with many others, you might occasionalli/ have time; •which you were foolish enough to lavish and throw away upon your pen. The real state of the matter you must have communicated to your critic ; while you seem to have withheld it even from your con- fidant, J. K. L. ; who represents you, not as im- mersed in leisure; but as " in want of time.*' § The Author of the tract signed " a rational Chris- tian," II indeed conceived you to be surfeiting on dulce otium ; and Declan appears to be tinder a si- milar impression. Lastly, until Declan told me ko, ♦ Declan*8 preface, page 16. •)* Could this haye been in the Irish House of Commons ? X Declan's preface, pagp 6. § Defence page 65. I) The signature to The Comprete Exposure. M'--f: I never, knew (no tract of yours had announced It tome, *) that you were engaged in reviewing the decisions of Lord Redesdale. I -^"^^ ^ . • ^7 ^ n Surely Declan will somewhat relax the rule, which his preface may be construed to have laid down; t that if, in thinking aloud (or me-th— > 2n^in^ upon paper) I repeat to myself a dialogue, actual or supposed, occurring between real or merely imaginary persons, the self-rehearsal which contains this scene at once ceases to be soliloquy ; and to call it so becomes as flaming and violent a bull, as any of those which Hannibal let loose against Cunctator, t Were I to accede to this doc- trine, I must admit that the question, of soliloquy or not, will depend — not on whom you talk with ; but whotp or what you talk about. But you were talking to the Public ; not to yourself. — ♦« No :*' (you will say ;) " I was merely talking loud enough, through that speaking trumpet called the Press, for the Public to hear me, if they were so disposed. Wolsey*s continues to be a soliloquy, let it be ut- tered in the hearing of never so full a house." By the way, the title of Cunctator, (which 1 mentioned a sentence or two ago) is thought by some of your critics, to be very suitable to you ; % and, fatebor enim^ I am not sure that they are ♦ See I. T. and T. page 79. f Page 6. :j: Lroy. j Observations, &c. p. 83 and passim : Declan, preface p. 7. *.-' :• '*- ■••",i; . •• --'''. ■ ■■,.■■. ■ ■ •,. • • -"^ ;!; A< n .::- ?■ v.. ' - .^ • ■ . ■. . .•■■'■ ■'^^:" wronge Your un^e^iidiced desire audire alteram jxzrtem, makes you sometimes take a more zig-zag and tacking course, than (pardon your friend Banter) the nature of the case requires. Yourdeli- berativeness * at times becomes so lingfering, (or I grow so impatient,) that I long to clap you on the back, and cry, « my dear Barton, do — :in tde name of Decision and Brevity— let us get on ; or our readers and we shall be in the dark, by the time we get to our journey's end ; if we be destined ever to arrive there.'* t But what are these critics so angry with you for ? — For not writing altogether vn behalf of tithes ? They would not be so in- tolerant as this. For not writing against them ? Surely, with their sentiments, they cannot quarrel with you for this. For sometimes hesitating and doubting? May not this (in spite of what I have just been saying,) be rather the fault of your subject, than of yourself? It is not as easy to discuss logarithms, or construct intricate equa- tions, as to discover and demonstrate that two and two make four. Or is their ire excited, by your having assumed to treat a matter, on which you as yet had formed no unqualified opinion ? There may be some ground for this last kind of displea- sure. But when others seem clear, upon what * I am determined there is, or shall be such a word. f Perge modo, d, qua ie duett iv'o, dirigc grcuum* ' to .' -^ strikes you as being doubtful^ may it not be use- ful to submit— and state the grounds for — hesita- tion? J. K. L. is peremptory upon one. side; several of his alphabetic brethren are no less de* termined on the other : may you not shew, that against each opinion there is something to be said ^ and this, for the purpose of suggesting, that per- haps between them there luric truths, from which both parties have been inadvertently digressing ? * If ever you shall hold the seals, it seems conceded, that the more cunctatory you are, the better, t That day, if not a happy one, would be a splendid one, friend Barton. To the " frugality," which is now prescribed, and which for the present suits your means, both pecuniary and intellectual, you might then, without imprudence, bid a long adieu ; for surely he who keeps the seals, is Fortunatics ; and my nursery reading informs me that he will there- fore hold the purse. LvciAy. f Preface, p. 7. —The following paragraph is copied from the Freeman's Journal of the 5th of February, (1824).-^" The following piece of judicial pleasantry, of one noble and learned personage upon another, recently circulated in the hall of the Four Courts, Dublin. A barrister having cited a case " de- " cided'* by I^ord E n, the Irish C, Lord M, drily ob- served, ** you will much oblige me, Mr. , by citing any ** case decided by my Lord " E — n." London Paper. 16 In the meantime, (a period of mortal length, ^ if it mean till ^ou become our Chancellor) there is found, with your production, an uncommon fault enough. It is objected to it, that it i* pretty much what it is called. The title page informs your reader, that a selection of Irish Tracts and Topics will compose the farrago that is to follow. To this fare he was invited ; and might decline the invitation, if he would. The pretensions of the Roman Catholics, the missionary projects of Bir shop Mant, the systems of public education, the late still-fine code, the sentiments of Doctor Doyle, the claims and questions touching tithe, — wer^ these not Irish topics, and which are of interest at the present day ? The state of Ireland, the pri- mary charge of Bishop Mant, the remarks on it by Athamik, the vindication of J. K. L, the an- swers which it received, the letters on Catholic questions, from Mr. Burke to Sir Hercules Lan- grish, and Sir William Smith, — what were these, I beg to know, but Irish Tracts ? Ridicule sometimes is a test, by which false- hood may be exposed : but it is also sometimes a provocative, which encourages us to deride truth. For example, my friend E. B, though in reading^ «' the case of the Church of Ireland," you at first very nearly stopped at page 59, I know you afler- * As French idiom might terra it. Irish idiom might call it an interminable interval. \ 17 wards read the next twenty pages with miich in- terest ; derived instruction from them, on curious matters, * with which you had been previously unacquainted ; and relished them the more from your strongly rooted Monkbarnish predilections. I know too that you abstracted their substance into your common place book ; inasmuch as having very little memory in your head, you find it ne- cessary to possess a reserve + in your scrutoire, or in your pocket.— -But the miscellaneous charac- ter of your investigations had been comically quizzed by their Reviewer. — Mr. Burke, Doctor Doyle, Bishop Mant, Lord Redesdale, Athamik, and Baron Smith ; f6xpfi»fvycig ^hihto ■^— ^eiOf,i»^t it BvfcSt J - • • \ He seemed indeed to think of your paragraphs, as Gray did of a straggling town ; the houses of which looked to him as if they had been engaged in a country dance, and were out. t Now sup- pose that by way of retorting this imputation of farrago, you had levelled sarcasms at a discussion, which commences at page 60 of Declan*s former letter ; and assuming the tone of Banter, had treated jestingly of an episode, in which Saint c * And, I may add, important. f This may be called, not a corps, but an esprit de reserve. X The same idea is found in one of Pope's Letters. 18 , ;■ ^•: Patrick and Archbishop Usher, Prosper, Celes- tioe and Palladius, Bede, Columba, both the Cumians, Ledwich, the Cottonian Manuscript, the Martyrologies, the hymn of Fiech, and Anti- phonary of Bangor— in which, I say, these various personages " enter, solemnly tripping," • for the purpose of informing the spectator, that he who objects to you (and perhaps not without reason) as an Academician, t is (jn-o hoc vice} a member of your Academy himself; who doubts whether Ledwich and his opponents were not equally and all wrong ; t-^if you had done this, you would possibly have made your readers laugh ; or at least given their ill-nature the enjoyment of a sneer : but you would hav^e been deriding what is neither uninstrucfeive, uninteresting, nor foreign from Declan's 'subject : what you had yourself read with attention, and taken pains to guard against forgetting. In short you would have been jesting, not on behalf of, but at the expense of truth. You seem censured, for having described " Mr. as now Baron Smith." One of your reasons ♦ See Shakspeare, Henry VIII. f Declan's Preface, p. 8. 24. — E. 6. does not mean to con- trovert the justice of criticisms, which on the contrary he con- siders as at least in some degree well founded ; and by which accordingly he means and hopes to profit. t Declan's first letter, p. 62. iff '^ » . * • 19 may have been, that you found him so describ- ed, in a note appended to the letter addressed to him, as it appears published in Burke's works* Even though this had not been so, yet Smith (with the Baron's leave) is no uncommon name ; and thus it might not have been superfluous, to ap- prize the reader, to what individual of a sept so numerous, the letter, from which you were extract- ing, had been written. I have heard Smith called the first grand division of that term Homo, which the latin grammar informs us is << a common name " for all men." Independently too of these grounds for designation, the Baron seemed enti- tled to have it recorded, that he had the honour of receiving such a letter, from such a man* For having introduced and recurred to tlie document itself, your justification saute aux yeux, •• It is re- markable that it is the only portion of that highly celebrated writer's works, which gives an opinion on the expediency of admitting Roman Catholics to seats in parliament. Again, those, with whom you were discussing some of the topics of your essay, had relied on the opinions of Mr. Burke ; and thus enabled you to cite him, as one whose au* thority was undisputed. I can truly say that it might, in you or me, be unwarrantable presumption, to claim acquaintance with Mr. Baron Smith : though without flattery I can add, that I wish him sincerely well; should be sorry he acted unworthily ; and even feel a string :- *•' interest in his reputation. Without knowing more of him than I do, it is impossible I should pro- nounce with confidence, whether he be, or be not a vain man. If he be, he probably will have wished that you had edged into your quotations, from the letter of Mr. Burke, certain parts which are more or less complimentary to himself. If however he have good taste, he will scarcely cen- sure you for the omission. But I have been so occupied with the qualities of Baron Smith*s supposed "good name," that I seem to have forgotten the burlesque complexion of my own. What, in the name of appropriate nomenclature, has seriousness to do with Banter ? As little as E. Barton had to do with tithes* AUons V Ami Persiffleur^ (this apostrophe is, like your last pamphlet, a soliloquy,) you will never again, I hope, resume those sober airs, which so little suit your style and title ; but like the spirit of Adrian, tU soles, dabis jocos. But would you then, or your Reviewers, allow me to put on motley, * assume the cap and bells, and thus suitably arrayed and decked, attempt to rally some of those pages, which have made a joke of yours ? If teased by grotesque anticks, this portion of their forces should be prevailed on to quit the field, it might give time for your weah* ■ - T -' ■■■" 1. ■—■■■■■-■.■ ■ , __ ■ I I ■ I — ■ n . . * Which, even if I did, should not be party-coloured. 4 91 >;■ we*5^ to rally, — in another meaning of that word. 1 scarcely indeed discern any so effectual means, as - badinage, for appeasing a laugh that has been raised at your expense ; and which, though it may have been fairly and moderately begun, has been echoed more a gorge deploy ee, than the case war- ranted or required. ^ ,...^ But I know you would not permit me to skir- mish for you. Your nerves do not shrink from a sharp encounter of the kind ; but you dislike en- gaging in a raillery, which might approach to altercation, and generate offence. Soyons amis is indeed a proposal, which your heart (if I know it) is even too prompt to make. But without in- dulging a placability, which Experience calls ro- mantic, or pushing the conciliatory principle to excess, you may adopt the sentiment of ^neas^ (not HibemicuSf* but Troivs^^ and express it in his words : v . . - *Hftif KtfTOfAiXf iy xirvXx fcv^rxa^xt. "j* * Though the sentiments of the former too seem entitled tp respect. Nor do I object to him for being a friend to Rome ; of which the Asiatic ^neas was — ^will Declan let me say the quasi founder ? If Virgil's hero had been of Irish extraction, his matronymic, (or Pat-ronymic) I presume would have been Mc. Aphrodite. t Iliad. Lib* xx. ^ >r'^^. '^*r_ ^. ■■^^^-:- -1: I hope that hereafter you may be what the chil- dren call * let alone.' / perhaps shall be less spared. Banter may be thought, on the side of humour, to be akin to Punch ; of which facetious person- age Doctor Johnson once pronounced, that he "has no feelings." In general it may be so : but the rule has (indeed where is the rule that has not ?) its exceptions. 1 know one, who has feelings, and malignant ones ; and who (worse again) afiects to share the spite of others; from a wish to recom- mend himself, through their venom, to his patrons. For these acrimonies I have sometimes thought of making up a cure; and giving this not better half of Joan, the benefit of its administration. The Punch 1 speak of is one of the Dramatis Personae, in a puppet-show which has been long exhibiting amongst us. He is still upon his legs ; and to be seen there, or in a chair; not on a table, or like a cul-de-jattBy in a bowL But to this latter less un- palatable, though name-sake composition, he may be compared for the purpose of being pronounced inferior to it. The fiiss of his vapid warmth is mere hot water ; his spirit is illicit, and with less of fire than smoke about it ; his. ill-flavoured (or ill-favoured) sweetness is molosses ; and his acid is the crabbed sharpness of an at once sour and unsound orange. But, while urging you to lay aside your pen, how perseveringly I cling to mine ! Nevertheless take my advice, rather than follow my example. I \/5 93 t* ' Indeed if I find you refractory and author-like, and withholding your consent to settle quietly in Dumb-barton, I am resolved to appeal to your re- spectable publisher, — who I believe has a regard for you» — and to say to iiim, as emphatically and impressively as I can^ — Milliken, my dear feUow»« if you love me, mum 1 .^^ , . > And now all that remains, is for me to hope' that ^ none of your Reviewers may be induced to giv^,* what^ (appositely to the tithe-subject) might be called a Row — land for your Oliver, — to wit (or to absurdity,) p. Banter. • ■ ■*' P. S. If you zcill write, pray accept and make use of the enclosed* It is unfinished ; but you can add whatever is wanting to complete it ; aad wiU find it as good as if it had been composed by your scribbling self. I have caught your manner, and (a force de battre la me#re) your rhythm. You may think I have caricatured them. But who care for your opinion? Veldtto, velnemo. What shall we call the fragment ? Bartonianum ? t * From the sentence just above, it might seem ai if (Miver were the proenomen of Mr. Banter. * The papers alluded to in this postcript and in the fi^owing - letters, or some of them,, will perhaps be given, or extracted from, at the end. •^•^r M LETTER II. TO E. BARTON. ■^^::;. . ■M; What in the name of Laziness are you about ? and why have you not answered Declan's preface *' before now ? You ought to have been at press at > least a month ago. Have done with your loiter- ing ; and set to work upon your answer. Until it • is published, you know what you may expect from me : for while I briefly subscribe myself N. T. you are used to supply deficiencies, by pronounc- ing me ' A. Bore. * % Meplt/, endorsed on the above biUet, by JE, B, 1 commend the candour and condescension of N. T, in frankly allowing himself to be called A Bore. Towards calming his impatience, I would ♦ This may be one of the many forms, taken by that literary Proteus, to whom my motto makes allusion. * '' Varia eludent species atque ora : ; ,; 1 ' ( Fiet enim subUo sus horridus. j -Of course the two last words mean a shocking bore. For the rest, whether the billet given above be the ipsissimum which E. B. received, is amongst these secrets which the Pamphletian Muse will not divulge. But assuredly E. B. rfw? receive more than one stimulant communication, expostulatory, urgent, and (in substance,) of the import above given. | NoTif BY THE Editor. Y y . -i refer hini to an epistle of O. Banter, enjoining the very silence, which he on the contrary condemns. I would also direct his attention to Declan's preface to his second letter ; which seems to me to show, that the most becoming interruption of my silence might be my thanks. * ■* ^ ~ :'■■'- I ♦ ■ .. .^,A i,r .i' Kl • •r- '/ W-^'^ \ : ■'^-: .-. *■ '■-.:■■ ■: : - LETTBB Ill- :■ *-. '^*X^r-- ' « -.' ■ ■ t; to say to cold ones :) accordingly I beg to supply you with a few; which I hope you, and all who - , partake of them, may relish and digest. [ ' ^^ * Without passages to collate, it is plain that there can be no collations : and where shall we / look with more propriety for a passage^ than in an idem sonans witli the surname of . > • R. N. BOATE? LBTTEll VII. TO E. BARTON. I hear it said that E, Barton is a key to your real title. But may it not be a false key ? May it not be a sportive semblance, or deception, fallen acci- dentally, or flung on purpose, in the curious rea- der's way, in order (in the latter case) that he may amuse you, by opening a door to wrong conjecture ? The principle of such guesses might carry us too far. They might lead us to pro- nounce that the letter subscribed Declan, must be* written by a gentleman of the name of Candle, V Now there would be something rash (your friend Banter would say wick-ed) in so very light-headed a surmise. To pass from Beclan to MilneVy is to y make a violent transition. But if a work be pub- lished under the latter name, are we to pronounce the author a Welch wizard, a portrait painter, or a sign dauber sX the least ? This would be to follow the method pf the Laputans ; who extracted the communication of a plot from "our brother Tom " has got the piles." • Consent to lend me but four letters, and I will return you the enormous profit of two words for each.. I will engage to present you with a Cahph and an Epic Poet ; the midnight guest of Anacreon, and the Mistress of the world : you shall be sheltered by me ; and 1 will furnish you with arms ; nor will I come to my end or limit, until I have been a source to you of delay. Who knows then how much E. Barton may produce, when so ample an undertaking can be so easily accomplished, by means of that shred of literature, the tetragrammaton which I have mentioned ? If readers were allowed to pervert the letters which compose E. Barton into means for detecting your supposed incognito, they might, without taking much greater liberties with the alphabet, and by a process not very dissimilar, demonstrate that whil^ the Greeks were before Troy, potatoes usually made their appearance on the festive board ; and had the distinguished ho- nour of being fed on by Achilles, t But if I say ♦ Yoyage to Laputa, chap. vi. ifftvrtt A^iAAiv; £$ «yt x**f^f ix«f, KXTti ^ iif^tc»rB»^ etiuy% mm I I * f /ft tl y I a' * I BUUIC r fV ZFCtfVJItKif, tCTt fytlOlf ttftif tTTtt, AvT«p iwH ncfznifist t^rv«$ v^e ■mtrnTfy &C. : ■ "is .;•-;/; Iliad Lib. XI. r. 776. Ac. What course of husbandry was pursued by the hospitable hero, does not appear. But probably his Myrmidons and his Pota* SO much more, yaa will be inquiring what I would be at ; and I do not relish questions which I have hot the means of answering. As it is^ you will be apt to think me as mere a gos5i|»^ ss^in the pre &ce to Tracts and Topics, you admit yourself to be : and I confess you would not be without excuse, though on the strength (or rathef weak- ness) of what you have just been reading, yoit should pronounte me to be old-womanish *y and at least A. Granam. LETTER VIII. Biliet d' un Ipconnu ; d Je ne sais qui; sur Je ne sais quoi, Je suis parent de celle qui vient de vous ad- dresser. Qu* elle m' ait produit, ou.que moi je I' aie prodirite, — qu* importe ? La liaison subsiste toujours. Allons 1 — certain mystere, qui regarde certaine brochure, veut se faire penetrer par un petit nombre de lecteurs ; en se derobant pourtant modestement de la foule. Bon I Msus qui est il done, r auteur modeste et mysterieux ?— La bro- chure est sur la table : ouvrez la : pent etre que vous verrez son nom an commencement. — Mais toes were both reared in drills ; and he may have committed the care of the latter, as well as of the former, to Pat Roclus. 0. E .v<: ■>:.■' ^.^ not! : elle e9% aDonyine.-«-Pardon, mon cher lec- teur ; elle n' est pas anonyme. — Au moins je ne vois pas le nom dont vous me parlez, — Mais vous ne devriez pas abandonner sitot la recherche, f* Tel brille au second, qui $' eclipse au premier.*' Toumez done les feuilles, comme a fait jadis cer- tain Roi, vis a vis la tete de feu son medecln. * — Vous avez raison : je le vois.— Pour le coup vous vous trompez : ce que vous trouvez la n' est pas le nom. AUons ! combien y a t il de devises ?— Trois. — D' accord ; et en autant de langues. But I write en Francqis, et pent etre you not understand. C'est dommage ; for my Inglis not understandable, non plus. Well ! 'tis better I come at my conclusion ; in saying I am not your odd friend Banter ; quot- qu', in my initials, dere go no letter before. a B. t ]^F0N8£. Qui ^es vpui, 1* Inconnu ? JJ -^ ' ' ■ ■ i . An moins il n' est p^ le mieai i ce — — -'— Mais qu' £tes vous done vous mene ? Je — — Un honn£te homme, un peu maltraite ? i . Mais ou demeurez yous ?— Le dirai je ? 1 I^ daiuB im — — . ; avcic ■■■. ! m i» ^ U ' ' k». \ % >> • ., > .ii , * JDouMn* Voyes les mille et une nuit$. f Notwithstanding whal tHis writer has just stated, I sus- pect he is bantering, when he gives O. B. as his initials, or «8 amongst them, Writing inadvertently on what appears to have served at aaenvclopff^ he overlooked adireciioQUipeQpiihng, .-» ,'• \ » •■(;. BARTONIANA. • (Sfe Postcript of O. Banter.) In frusta secant. . Virgil. Declan's preface to his first letter may supply- grounds for re-considering the views which I had taken of tithe ; but affords none for retracting my expressions of consideration towards himself, t In some of its pages indeed, an asperity and sarcasm may be found, which / at least must wish away : but even in these the amari aliquid is occasionally assuaged ; and would probably have been still more diluted, but for an error, into which others be- side Declan have also fallen, t His severity which I have found upon it. Henri Char : La Bragome. Be this, — or be it not — ^his name, I must decline the honour of bis correspondence. I learn from the Memoirs of Captain Rock, page 91, that if a letter written in the French language were found upon me, the consequences might prove unpleasant ; and a certain endorsement be put — ^not on the Bill — et, but the Bearer. ' . * E, B. • Though not partial to pluralities, I change the title of my friend Banter's enclosure, from Bartonianum to Bartoniana. It is not a single fragment ; but a collection of them. £. B. to Editor. t I. T. and T. p. 1. 68. 80. 92. 108. 109. 115. 116. 127. 144. X Declan's preface, p. viii. and xi. And see note F. at end. •v- T:^::W>i'^ -r'^r.'; ' fhainty ttirns on-'^or'hss its sdiiroe iti thh mistake ; -and if the supposition, instead of being erroneoufii, had been correct, I should 'have merited, by my disingenuousness, whatever sharpness I have in- curred. 1 happen toiendw too, that my meaning— in at least One passage — was misconceived ; • and that I was supposed to throw an imputation, which I never thought of casting. Inaccuracy of ex- pression may, in other instances, have produced similar misconception ; and exposed me to a re- tort, seemiTi^— though not really — -provoked. My raillery too, though confined to the arguments which I was discussing, and (I flatter myself) not of ^ert or arrogant extraction, may yet have assumed, at times, too petulant an air. Again, I, in rni/ turn, may have misconstrued. For examp^le, I may have interpreted Declan as treating of the present state df the Roman Catholic Religion'; when in truth he was describing its condition thbee centuries ago. I understand indeed that I have faillen into .this mistake, t But was it not a par- ^onable one ? Does not Declan dweU — and war- * I. T. and T. p. 93. towards the end. My mode of ex- pression may have been clumsy; but the '* meaning/' which I *' blundered round about" vas not -to -intimate that impudence was imputable to Declan ; but that even if J. K. L. had been (as he was said to have been) impudent, his fault could not be cpnsid^ed 'to ba^ergone unpunished* ' t A letter from a highly respectable quarter informt me io. ■*■- , ^,' :^ tbe- Qore) erf" di^k opiniotw., 4it jUI; ^veqits,^ very nearly a qentpry has elapsed, sinqej unider White-., field and Wesley,, th0; sect of- Methodists arose : and i|Ot, oflly does the MethodisticaL doctrioe still aubast; but its two varieties in a great degree, ridtain the distinctive characters^, originally impres* sed on them by the founders whom I have named* Again, the Calvinistic doctrines of Methodism, }n one of these two branches, assert for it a still earlier origin, and proportionable duration. GaU vin, I believe, was born in the year of Henry the Eighth's accession. * Even if sectarian opinions were more transitory than perhaps they are, yet if each Ephemera had a successor, — if every minute was provided with its Cynthia,— the sum total of mischief might be the same. It may be added, that in general that is numerous, which is short lived; and again, perhaps the languid tamenes^ of an old and sated swarm might be more tolerable, than the freshness find appetite of one newly raised. Lastly, as inconstancy appears as appropriate to falsehood, as immutability may be thought to be appurtenant to truth ,t it can be no recommem * The religion^ of those, whom we call Quakers, iftalcti nearly, two centuries ol4* f Bat, as a member of the Established Ghurchj I may ob- ferve^ that error will po^ become truth, by in^texibly r^usin^ dalion* of opinioas, that they- are: so whimsicdlj' transient, as; that; we can with difficulty "catch** them '* ere: they chauge" ; and may best represreni them,, by -an aliuaonito tlie Poet's personifioatioo! of C^rice. The abovB^observatibns are leas at variance with: thfc paragraph in Declan*s letter, which has pro- duced thejn^. than arising out of topics, to whicb that paragraph directs the mind. I agree with, his positions, (and. they are pertinent to his pun- pose,) in the main. I merely seek, after my^ fashion, to : attach to them a. few subordinate and qualifying doubts, . He knows my propensities by this time ; and will make allowance for them. Independently of his own observation, he hasi learned- from others,- how much I " love to wan- Aqx ilk, the twilight: of diMety." * • (i^-t I had observed, that a Laic does not hold' the income which his land produces, qimmdiu he performs^ and is competent to discharge, certain: public duties ; nor is consequently liable to be to be changed; nor truth become: otbenrise altered, than by; being purified and refined, when it rids itself of errors, which had been suffered to mingle with, or encrust it. * Observations ocp«»ioned by the letter of J. K. L. second edition, p. xxxvi, 38 deprived of this income, for a non feasance, which yet may be rendering him a very useless membef of that society, on which, in the language of Doctor Johnson, " he hangs loose." This situa- tion I compared with that of the Ecclesiastic ; who may incur a deprivation of his income, by becoming unfit for the performance of his public duties. 1 have every disposition to yield to rea- son : and the arms of reason — Declan uses pow- erfully and well. But I am not quite satisfied that he has shewn the nothingness of my distinc- tion. A Court of Justice may unquestionably fine a layman ; and in so far act upon his proper- ty ; and make a portion of it forfeitable, for the neglect of a public duty expressly imposed by law. But the operation of this authority of Courts of Justice is not confined to the Laic : it extends itself to the Clerk : * while superadded to a responsibility, which may end in mulct, and which he shares equally with jthe layman, — there seems to attach upon the income of theEcclesiastic, a liability which appends this income to the per- formance of his public duties ; in a way, or at the least in a degree, peculiar to church pro- perty, and which does not extend to lay. 1 am not however contending for the value of this dis- tinction. Perhaps it ought not to have been in- sisted on at all. At least the arguments which * Where he neglects a duty cast on him by the law ; or in- curs a fine by misdemeanour. See Declan's preface, p. xii. it furnishes (if it ftirriish any) ought to be pursu- ed slowly, and with caution ; least in following them too far, we might lose sight of established principles of law. Indeed in this speculative course I could not proceed far, without being very seriously interrupted by encountering the case of Impropriations : and instead of eliciting arguments from the name,* or considering the Impropriator's sinecure case as excepted from a general rule, — I should probably determine tliat it was much my best plan to return. Be this however as it may, and let the reasonableness of my suggestion have been what it may, I never denied that church property had an extremely close affinity to private. I merely doubted, as to the income of the Parson, whether there was not a mixture of public in its nature, which also gave it some, although a less resemblance, to — say the salary which is paid a Chancellor, for the perfor- mance of his high duties. At least whether this was not the case of clerical income originally, and in its rudimental state ; before the influence of ripening usage, time, and law, had yet matured it to a more simply and perhaps unmixedly private nature. But Declan will perhaps remind me, that we are discussing — not a question of remote anti- quity ; but of modern right : that our inquiry is not into what was formerly ; but into what is nmo. * To impropriate (say the Dictionaries, and on the autho- rity of Bacon,) is to convert to private use. o ® ■ .V ■ • , : : ■'■?': . :■ ■*■• I ' ' -'. 40 Dedan is rights The past may ibe investigate^, in order to throw light 4}pon the present If we can lessen or remove our doubts, as to how a matter stands at present, hy asoertaining how it stood many centuries ago, it wJH be useful to retrograde. But if we be surrounded by no dark- ness, that has need of illustration, we may leave to the antiquary, to extract and pore upon the precious reliques of the oldea time. Around the subject of church property there seems to me to be an obscurity, which occasionally casts a shadow upon the paragraphs that attempt to treat it; and renders it difficult for a writer to ex- press himself with consistency and clearness. In proof of this, I might perhaps quote Declan. I certainly might quote myself. I plead not guilty to the charge of "chuckling."* It is an unseemly 4Sort of convulsion, into which I am not apt to fall : but I doubt whether I have not smiled, where it would have been difficult to point out the joke ; and impossible to shew that Declan had made himself a fit subject for derision. The following burlesque scene may serve to il- lustrate this. I should not give it, but for what will be its palinodial sequel. Meanwhile, as it is ♦ Preface, p. xk. '^-fti'wr^ . sr';;^v'7- ■" -i-w.-t,' -^'^.''ph in the sportive tone of Banter, he shall be the narrator; and address it To JS» Barton^ «* The parson does not claim tithes as heredi- tary j'* observes Declan.* "Then you must not," cries flippant Banter, " call him his predecessor's Tieir." " The parson," continues Declan, " never dies." " Right;'* replies the Law. " He is heir to his predecessor ;" repeats the former. " Nemo est Jusres viventis,*' objects the latter. •' You forget," says Declan, ** the two-fold character of a parson. At one time I speak of the corporate parson ; at another of the natural : so that Banter need not chuckle ; nor ought you, my Lady The- mis, to demur. Substitute King for Parson, and you will see how the matter stands." Here pert Banter exclaims again, " 1 i^exceivQ, per accidens, that conversio simplex will not suit the case. The King's heir t may be his successor ; but we cannot therefore say that the Parson's successor is his * Preface, p. xx. f Or rather the King's Protestant heir; — which favours Declan's reasoning, page 32. — Indeed the whole of what he says, when fairly and without cavil taken together, leaves E. B.'s " archness," in Tracts and Topics, little better than a— not quarrel, but — raillery about xoords. For the rest, iif Declan would but indulge this writer with a Quasi, it might often turn out as successful a peacemaker as If. ■ F ;]-:^ re- sent tithe as ap inheritance ? And for doing so. '■'^'^fi^-^''^i!^i'^-rT:^.--Y^^ ■'-^■^ri'r J.-'-A- 43 ::r>"K have I not the express authority of Lord Coke?* Id asserting that the parsoo never dies> what have I done^but inves thim with a corporate character? And do we not know firom BlackstonCy amongst others, that every Parson is a Corporation ?f Thus all that I have said, and for which 1 have been so joked, seems to resolve itself into two positions ; neither one nor the other of which, any lawyer will deny. If Law give an inheritance to him who is not heir,-— or, in corporate cases, infringe its maxim ofnem&mventis hares, — I beg to ask is diis any fault of mine? If I forget that he w&ose ob- sequies I attended, is in his ecclesiastical capacity still alive, and that he who has become seised of his hereditaments is not hia heir /•—but, like the great priest Lama» is at once another and the immortal same,— ^am 1 nnpardonably dull? Or again, must I express seemingly inconsistent re- alities, in critically consistent terms ? If so, nemo viveniis hteres is not the only of its axioms, which the Law appears to violate. Lex neminem cogU ad impossiidlia it seems equally to disregaitdb Then as to tithe being a tax, (I know that £• Bar- ton does not say it is ; but may not some of his ♦ 11th Reports, 13 b. f Blackst., Comnu Boak, 1. cfa. r&*~Thiu Coke and Bfaok- stone appear to be the Counsel, whom Declan claimed to have assigned him. E. Barton would be sorr^ to find himself on the other side. • c -. .«K- dubieties tend unwittingly tbat way?) as to tithe, I say, being a tax, let me put the question, which S. N. has more than once proposed ;* and to which there is no objection, except that the argument which it involves cannot be answered;— let me ask, are the impropriate tithes a tax ?" "By this time the strength of Declan's vindication had made impression ; and the cries of" hear ! hear !*' (in which I doubt whether Coke and Blackstone did not join) became so thick and noisy, that I could not hear another word ; and when the cheer- ing had subsided, it was Law that was upon her legs. When once she takes a question up, you know she is never in haste to lay it down ; nor liable to be put out of her way by interruptions. Accordingly she resumed the very words, with which she had been beginning, when Declan stopped her. •* Fqr example," said the Dame, (in support of E. Barton's quasis,) " in nothing but an inheritance can there be an estate-tail. But in a mere freehold there may be a quasi estate-tail j which, blending the nature and qualities of inhe* ritance and freehold, is governed by a class of rules, which adapt themselves to its mixed nature. In somewhat the same manner, E. Barton hazarded a conjecture, (he certainly ought not to have gone farther : quaere, ought he to have gone so far ?) that there was a mixture of public and private in * Miscellaneous Observations, p. 46, and elsen^I^er^^ -■".' ■ ." _^ .«."•■ ■ ■ -ri.. ... ■^./.- .- * '^t ,'■-■ ».*"--*■ - '-^'^ ' :r:z^:^'^^\y-^ ■;- v^' ,"- ' J ■■ ^^c. ■ .;V;_'.. - * ■■ '■ :•' -i-^- -!^ •■- ',- ■■;.,-, ',,ij.-'-:"' "-. ." ■ * ' ■-■ .- •"" ■"^-iv'v • - -*_ ,^ .' '■ ^ T'Yp- "'■M:--:- : ' :: 7^i\^y- ., J ' .' .'".-i^^tC '"'""'- _,j .J- ' * • - "'■ :'"-:^ --^■^:?-: ';■■»■ v' ■' C- " - "■ . . ..^ ■ ■■ » «". . ,J'-'.; ■, ■ ■■'J'-- ■■' '^^:i^^?^/■: - y."'^/-^ ' .•.-»- - j; ■/ .. . „. ■ .-. . -•' •««i^: the rudimental character of tithe, which mfght subject it to a correspondently compound class of rules." The Lady Blackletter, or Coifly, (which- ever be her style) said a good deal more, that it might not be in the line of Banter to repeat. But she seemed disposed to give every succour in her power to E. Barton ; (who, to say truth, ap- pears to me to have bewildered himself more or less ; and wanted a clue to extricate him from his self-constructed maze :) — and accordingly I have a drowsy notion, that amongst her not too brief prosings there were these, by way of apology for the doubts and semhles of her protege. " The estate of every parson is a fee : for the interest is to endure for his time ; and, corporately and con- stitutionally, he must last for ever. Accordingly, so long as the Church is void, this fee is in abe- yance. Yet since the thirteenth of Elizabeth, his dominion more resembles that of tenant for life, with a leasing power. I do not rest upon this statute, as interfering by a public act, with property which is described as private ; — because I feel as if it interposed, on behalf of the qiuasi inheritance, against the quasi tenant for life ;— considering that the Incumbent, while he was seised in fee as to all others, was but tenant for life towards the Church. I rather dwell on the act of Elizabeth, as it establishes intheparson an anomalous estate, (which however can perhaps be accounted for in the same way,) differing widely from that which a lay tenant in fee would have. This latter iiwiy carvo '•'ni- 46 * ■-■■:.'■*.. ■. \ ■'• and limit, — charge, waste^ and give or sell $ fHi(^'v may choose (with Declan's leave I aay it) A^ oum heirs ;* for he may transfer his estate, at his death, to a hoeres factus^ or Devisee. But though I should succeed in establishing a distinction between pro* perty ecclesiastical and lay, I admit (and make th^ admissianffladlt/i,) that I should not thereby show the former to be less inviolable than the latter. Nay, though I should demonstrate the spirit of that distinction to be this ; that lay property is of a more strictly unqualified private nature, — yet Declan's suggestion is at once pertinent and truej that the epithet ptiblicy as applied to property, is of ambiguous import ;t and thus, having sliown church property to be public in one meaning of of the word, E. Barton may inadvertently, (fori believe him to be honest,) construct conclusions, (or give seeming grounds tor others to construct them on,) which will not be supported^ unless church property be public, in a sense in which he has not shown us that it is. I return from the digressive admission which I have been making, to terminate this branch of my subject by oh* serving, that of a character so anomalous is the fee simple of a^ Corporation, that a reversion is ex. pectant on it : the single instance, where, after a grant in fee simple absolute, any unparted with * Declan's Preface, p. xvi. f Ibid. p. xvii. If-' residuum is to be found.* I lay no more stress (yet perhaps I might) on that legislative interfe- rence, which, in the reign of Edwatd the Sixth, exempted barren lands (brougiit into cultivation J| for seven years from tithe, then I have laid upon the act of Elizabeth just now referred to. Neither do I wish to insist too much on what I am about to add : that in the tenth century, the consecration of tithes was arbitrary. Every man paid them to what church or parish he thought fit ;t or into the hands of the Bishop, for the use of the Clergy and pious purposes. Parish tithes were at first distributed in a four-fold division : first for the use of the Bishop ; secondly for maintaining the fabric oftheChurch; thirdly for the poor; and fourthly for the Incumbent. When the Bishops were otherwise amply endowed, this division became three-fold only.t With regard to impropriations, the point seems deserving of the most serious consideration ; and accordingly curia advisari vtdt. In allowing to the suggestion the weight which I am disposed to give, I assume that these impropriations did not conflict with principle ; since if they did, I might scruple to build an argument upon them ; (though quod fieri rum debuit, tamen o * Blackst. Comm. Book, 2 ch. 15. \ But with a proviso (it 18 to bci ftdmitted) that in some quarter they should be paid. % Blackst. Comm. Introd. i 4. and Book l.ch. 11. ?f^v- ■■ .'y--'^'::''^^^ 48 factum valet ;) and I also decline searching criti- cally, with a view to inference, into the meaning of* the term impropriation ; and wave all notion of this being a kind of possession, excepted out of the general rule ; and all argumentative benefit from the maxim, that wherever the performance of a condition subsequent is impossible, the estate, already vested, becomes absolute in the grantee j say a Laic, who of course cannot perform the duties of a Clerk. Now:" * The above word " now*' was the last which reached my waking ear. After having for some time nodded encouragement, (can the reader be surprised?) to the soft advances of the sleepy Power, I now surrendered myself to all his pop- pies ; and was voluntarily overcome. In my dreams, I fancied that Declan was a parson ; and that you were setting out the tithe of your farm of Urbally, entirely to his satisfaction : insomuch that I could not forbear observing that you were , not of the family of l?oc^-Barton ; and laughed so vehemently at my own jest, that I suddenly awoke. No doubt, your black-letter Patroness, in ex- cuse for your guess-work theories, and academic doubts, meant to point to the public purposes, to which tithe, in the tenth century, was in part ap- plied ; and to suggest, that, so far from belonging to any private individual, this property apper- js^i^^'-" ■■ ;. - ■■ //'^ ;■ \ ■ ■ :.v ':<:irr '■: .^:.^c>-i\:'-\' ■ ■ ■ / ■ ■■■ ^ - ■ 49 -- ;:■ : .,.-:■;; ■■.;: tained to a personified abstraction ; to an owner which devout imagination bodies forth; and which, if any thing be public, is so ; the National Esta* Wished Church. But my good E. B., as your so- liloquy is a collection rather of questions than as* sertions, I do not run foul of your opinions, (any more than I do violence to your inclinations, which 1 know are favourable to the Church,) by asking you first, whether every man was not bound to pay tithe somewhere ? Secondly, whether the question is not rather whose property it teas not, than whose it was ? And thirdly, whether it could be the property of him who owed it to some other? or of him on whom this charge descended, along with the estate which it encumbered ? You may point to the doubts, and they are not a few, which our subject-matter yields, for the purpose of re- commending a not too confident or rigorous,— but, on the contrary, a moderate and cautious course. But you must not so oscillate and uncer- tainize yourself and me, that we shall not venture to take up an opinion, or pursue a steady course. You must not enable your detractors to insinuate, that you bear a stronger resemblance to Waverly than to Sir W. S.* In short I have nearly made up my mind to quit (and bring you with me) your * Banter seems to have adopted the prevalent opinion, as to who the author of Waverly is ; though he does not venture to rocead be y ond initials. * G # 50 I ■ labyirinth for good ; and to travel with Declan, and under the auspices of S. N., the safe, old, beaten, and established high-church road. They look merely to the law ; while you attempt to pry be- hind it. They read their rights, in the words and sentences, in which Common and Statute Law record them ; while you are for going back to the Saxon alphabet ; and studying them there. I will not attempt (for I know the endeavour would be vain) to prevent your sympathising with the desti- tute and «uftering peasant ; or feeling for the si- tuation of Roman Catholic tithe-payers of the humbler class. But you will recollect, that you must not draw upon your feelings, for your law. Again, the beauties of a theory which generates op- pressive practice, I allow you to disregard; andfair, handsome, and authentic as that theory may be, to sacrifice it, if it be a mischief; if the sacrifice will produce redress ; and in doing so, not involve a greater evil than it cures. But waving, for the pre- sent, the first and third of these considerations, has not S.N. suggested much, that is highly pertinent to the second ? Assuming the St&te to have a right to do that which you have not recommended,— viz. .to abolish tithe, — has he not raised an inquiry, well worth prosecuting with deep attention,^whether, in doing so, we might not be spoiling the innocent and unoffending, not for the benefit of those op- pressed, whom we designed to succour, — but for the profit of those with whom the oppression had '■■•■■■■ - -^ '•'-•*- •■i.^. , .-. fe ...-..- ..^;^. : -, begun, and by whom it would be likely to be con- tinued, if not encreased ? I do not say what might be the issue of* such an investigation. The pages of S. N. anticipate results different from those which your Soliloquy might seem to promise. But I do say, that an answer to this inquiry should be had, before tithe property was made a subject of encroachment, even (for argument) assuming that it is at the disposal of the State. E. Barton now retakes, or seems* to retake the pen, which has been wielded for a good many pages by Q. Banter ^ who, in the last paragraph, appeared forgetful of his character and name. Declan has rebuked me,t for supposing him. quite serious, in describing tithe as an encourage- ment to tillage ;1: adding that he had *' treated the matter with sufficient levity," to guard me against this mistake. On a reperusal, I am disposed to admit this to have been the case ; but yet cannot consider my error as having been other than a na. tural and venial one ; into which 1 should not be surprised if others, beside myself, had fallen. Amongst Declan's own words are the following : • See Postscript to O. Banter's Letter. f Preface, page XX. t Case of the Church, p. 56t 57, 59. , . * ' 1 '■ •♦ - • ^y^ ' . ' " ' . ' .. ■ 52 : ' ■ -: - ' " What harm if the Crown, for the improvement of agriculture, should confer the tithes on some few hundreds of middling gentry ? Yes, my Lord; for the encouragement of agriculture : I say so, upon the authority of J. K. L. himself." I do now perceive in this, and in what follow^ afler, that air of levity to which the writer has adverted 5 but to which I was the more blind, because I had interpreted S. N, as seriously adopting the same view;* and found the Munster Farmer, (who writes and reasons well,) unquestionably, and with- out jest or raillery, doing so. His words are these : ** considering the circumstances of the country, I " am rather disposed to regret that tithes are not " a sufficiently powerful check upon our agricul- «*ture, than happy to admit what I believe to be ** the truth ; that they have been in many cases an " encourayement"f As an imperfect apology for supposing St N, to have adopted the same view, I would refer to pages 18, 19, and 20 of his * In-, quiryi* But what seems more to my present pur, pose, is tp observe, that this last mentioned able writer appears to have understood Declan pretty much as I did. His words are these: " J. K. L. «* indeed contends, that, under peculiar circum, *< stances, tithes did operate as an encouragement " to agriculture ; and Declan employs that theory * But see Miscellaneous Observations, page 31 « f Thoughts oa Tithes, page 13, / / « 53 ... 7- r «« to support his own argumelitY but I have wished «* to limit myself to the maintenance of a few po- «« sitions essential to the defence of my cause, &c. «« &c"* These are my excuses for the error into which I fell ; and Declan, I am satisfied, will take them in good part. I had, in page 90 of my Soliloquy, observed that " the allegation, that the right of the Established «« Church to tithe has nothing public in its com- ** plexion, but is of a mere and purely private na- *' ture, if pushed to the extreme of inference which " it supplies, might be found to demonstrate this ; •* that the title of our clergy to take tithe could '* remain unaltered and unalterable, though the ** inhabitant)^ of this country were Roman Catholic •♦ to a man.** Declan asks does this require a serious answer ?t Every man is apt to be partial to his own reasoning ; and this partiality may be what stands in the way of my perceiving the jus- tice of that censure, which involves itself in the ^bove inquiry ; a censure which I should the more regret my having provoked, because I respect the intellect from which it comes. 1 conceived my- self to be merely and allowably wielding the wea- pon which is termed argumervtum ad absurdum, * Miscellaneous Observations, &c. by S. N., p. 31. t preface, p. xix. J..' .. V' I ?. 'U'^-w '.v".'' ■'^'^ ■ •■- ' '■ ■ '•'. J.' . ;;,..:_. . , .' - : " ' ■ . ' ■' "' .' " -' : ;-. 54 The doctrine which I was disciissifig, and sbm6» V what questioning, rather than confidently rejecting, would be' clearly objectionable, if it proved too much ; and I was searching to discover whether this was indeed the case. I should servethe cause of the Church, by removing their claims from a weaker, to a more solid and firm foundation. To retufn to my reasoning ; I but pursue a course of which Horace set me the example. Demo unum ; demo item unum ; and arrive at the conclusion, that after all the Protestants had thus been one byi)ne pur- loined, the argument which I am examining would remain; quod esset absurdum. Again, my rea- soning (as appeared to me) suggested this : that what would be highly absurd, if the entire of the protestant community had disappeared, — might be in a less degree objectionable, if of the population of Ireland, those of our religion formed a veiy small proportion. — But Declan observes, that my proposition (of protestant shepherds, without any flock) *' cannot even be enuntiated without a bull." i Assume this to be the case : can that which may not be stated without a blunder, be at the same I time right and reasonable in fact ? Can any thing j approaching to it be so ? But after all, a church i V by being empty does not perhaps cease to be a -^ church; though if it be never more to hold a con- ) gregation, it may not be necessary to expend money on its repairs. But Declan observes, that my hypothetic case is .■v'S-W an extreme one ; and quotes what I have said of cases of this description. I am happy to think with him, that the case put is an extreme one ; and improbable in the same degree : a degree, in which the improbable and the morally impossible unite. Neither do I retract what I have said of extreme cases. I would not put an extreme case in order to reason from it myself; but I would put one, in order to show that a certain argument, which I was questioning, might prove it ; and to infer that such an argument was therefore naught, and proved too much. Let me close by saying, that I am not insisting on the soundness of the opinions which my soliloquy contains : I am but offering apologies for the arguments to which I resorted in their support. That soliloquy, indeed, contains little that can be called opinion. It is a collec- tion of doubts and questions; and I believe Declan may be right, when he considers it as Academic to a fault. As / appear to have, in at least one instance, misapprehended Declan, so he in his turn has fallen into a mistake, in conceiving me to have pro- posed, that the income of, the clergy should be in part made up by voluntary contribution.* In the page from which he quotes,t he will find me re- * Preface, p. xi. t Page 151 of Tracts and Topics; of which see also p. 14. . «i.'>» '.h: <>> i'^ ■% ■ 5(5. • : ■.-^v-;-.:*-.,, ;■■'■■ ■ ■^'\.::'.'r;;'J^ quiring for this body, " affluence, security, and independence^^* as sine qwUms nan. It would therefore be what at college I should have called a good one^ to suppose that I meant this indepen- dence to dependt not even upon the duties, but upon the spontaneous generosity, nay almost upon the caprice of individuals. My meaning may not have been eminently well expressed ; but I hope is not too clumsily conveyed to be understood. It was this; that /f Church property was less private, it certainly was more sacred, than the country gentleman's estate ; and thus that whatever might be lost upon the one side, of that inviolability which is derived from the utterly private nature of a possession, would be made up by its ecclesias- tical character on the other ; and by the religious veneration which this sacred character inspires.* In rescuing my meaning from misconception, I again however beg not to be understood as obsti- nately stickling for the rectitude of my opinions. These I intended to submit respectfully to the consideration of others; who, both from intellect and opportunity, were more competent than I could claim to be, to form a correct judgment on the matters in discussion. With this feeling of deference, I should under any circumstances have submitted my ideas : but especially I did so, first from being conscious that they were conversant with a cause, which it might be presumptions in \ See last paragraph qF page 151 in Irish Tracts and Topics. -.:i^,.^. me to touch; but which, beyond all questron, I should not wish to injure ; and secondly because much of what I laid before the Public consisted rather of floating notion, than of fixed opinion. Be it the better or the worse for this, my soliloquy» plurima vohensy abounds considerably more in doubt and query, than in averment. It is a tissue rather of premises, than of conclusions : the im^ perfect statement of both sides of an account ; which leaves the reader to add items, and to strike a balance. But was I wrong, it may be asked, in presenting to the Public a collection of thoughts so uncertain and immature? Perhaps I was. But yet have I produced no good ? Is that Public in* debted in no degree to me, for the " Miscellaneous Observations" lately published by S. N. ?-**A work which it is not for E. Barton to eulogize ; its ex- cellence is blended with so much kindness to him- self; To the Author of Thoughts on Tithes my best acknowledgments are due ; and the debt is one which I must feel pleasure in discharging* If he have not treated me according to my deserts, it is only because he has pushed his courtesies beyond them. He seems to have attended less to the merits of the work, than to the 'motives of the writer ; and to have regulated bis carnage towards me by this latter view. In giving me credit for H :?.c. •y^f fair intention^ I hope he has but done me justice ; but his remuneration for this uprightness has been liberal, if not lavish. Yet I sincerely think that the cause of truth, as well as of benevolence, is promoted by such a tone. This author's cour- tesy has rendered me incompetent to praise. But I may find fault Accordingly I do not hesitate to say that his pages are too few : a censure which I the less fear to cast, because assuredly it can- not be retorted. Be the defects of the Soliloqut/ what they may, it scarcely will be contended that the number of its pages is deficient. And now, with a prima dicte mihh summa dicende caimenay will Declan allow me to return to him again ? I do so, from a wish to repeat, and make addition to my thanks. Jf over his first preface '* an air of asperity" to adopt his own expressions, " was diffused," yet that asperity was tempered, and was seemingly provoked ; and was not, with his impressions, undeserved : — and even assuming this not to have been the case, what abundant compensation has his second letter madel The roughness of the first preface but whetted my relish for the kindness of the last. Let me advert to the courteous questions, with which this preface closes. " Why do I not leave lower objects to the ambition of others ?" There is in fact no reason why I should not. Nor was it ambition that lately covered so many pages with my ink. I wrote for my amusement j and if my r J'W' health and sight had both been firmer, than during this scribbling fit they were, instead of writing, I should have been reading, which I like much better ; or else employed, if not as a Munster, yet as a Leinster Farmer, in first supplying, and then satisfying my rector's claim to tithe. But again, why do I not ** aspire at once to the highest ho- nours in the literary commonwealth ?'* The ques- tion is a kind one ; and rendered highly gratifying by the quartei from which it comes. But it greatly over-rates my powers. Doubting whether I am cu- pidusj my answer to it is, that at all events vires deficiuntf if I be. The Biographer of Captain Rock forms a juster estimate of my pretensions, when he confines me to the hope that my reputa- tion may live as long, tis — not the fame but— the grief of Arbuthnot endured,* End of JBartoniana^ * Poor Pope faiU grieve a month" &c. If m Irish Tracts and Topics I had gone positively too far, at least a comparison of what I have written, with what may be found upon the tithe subject, in the Memoirs of Ci^tain Rock, might show that re- latively I had not proceeded to great lengths. Yet is not the Captain's Biographer entitled to be called a moderate man? At least he appears an even-handed one. With him the Esta- blished Clergy seem described as mammon-graspers, and mer- •ciless grinders of the peasant : the Roman CathoKc Priesthood as silly miracle-vouchers, or wicked miracle fabricators ; and little better than bigotted anti-educationists to boot. He ap- pears to agree with Mr. North's,' ^ftnd disagree from Doctor «:■ ^7 .■y. > : ., : ■;:.:;-. ••!='•;■ m to CORREaPONDENTS. The matter of the enclosure of ilfr. Bar: Note, —one of the alteregos or umbrae of JS, JBarton,"-^ will be found incorporated in the conference or consultation, between this latter, Declan, O. Ban< ter, and the Lady Blackletter rullbpttom, or (as some call her) Coifly. The communications of A. Robnet, Ter. Q-Nab, Ar. Bonet, T, Aroben, and Abr. Eton, are all valuable, no doubt : not tq Doyle's) report, that Moll fi'landera, and Iritth Rogues 9nd Bap* ^ ... parees, fonq a principal part of the elementary literature with ' which pur humbly clauses are imbued. Quo semd est imbuta, &C. 1 presume the life of Captain Rock is to be the classic, £('jbstiti(ted for the history of our other latronic heroes. By >i^ > the way, has a cqrsory glance misled me, or does this Biogra- f pher rebuke the ' gentlemen whiteboys' and their Parliamen- tary accomplices of 1734<, and yet rate S. N. for having written , disparagingly of the non-^gistraent proceedings ? That same ^ Biographer quotes the sketch of the State of Ireland with seeming fpproba^oo and concu^'enc^. Yet ** on some points, >./ cqethinks" th^y differ. The eighth editi ; derate enough in his demands ob our behalf, fle seemsbilt to re- quire that we should be no more than semi-sfatves. Wl^ch of tlie ^ . twq following hypotheses is the true oatl That the Englida have nqt totam liberiatem fis their lot ; or that Ireland ought not to possess aU the liberty enjoyed by ^nglao(i, and which the British Constitution gives ? I * mention those of other gens de lettres of the same character and stamp j who have occasionally made a capital figure in the literary line, and in instances innumerable, had the gratification de se voir inv- primes. But every one knows of E. Barton, that brevis esse laborat ; and to this his notorious de- sire for conciseness, the Editor sacrifices his wish to enrich the present publication with their letters. The following one however, which came too late for earlier insertion, is here given, at the particular desire of O, Banter. LETTEA, • if not from Nobody^ from a Namesake,* Banter, I am informed that you have been fiddling jt but you must not attempt to lead.t I will not deny that you are said to have a band ; but that yon are qualified for leading the social band of public opinion, I never can admit. He indeed would be drawing a long bow, who con^ tended that you were. You ! who I will venture to say had never €ven two strings to your own. * The signature is at once so scrawled and blotted, that only the first and last letters can be guessed at. From these it might appear that the communication came from N — obod — y. But the surmises of £. Barton attribute St to a namesake — not of Nobody; |)ut of Himself. f Possibly the infbrmation came fVom the Author of Ob* servations, &c. p. xxxiii. :t^ See * one year of the administration of the Marquess Wellesley,' postscript, page 149. .'iS3 ••■■--'?■■ 62 Away then with all presumptuous overtures of the sort ! Have done, in the name of harmony, with fugues, capriccios, and cadenzas;* and giving yourself no more unwarrantable or bravura airs, give w*, as expeditiously as may be, your finale. Some will have it that you are a lawyer.t At least you will make no figuTe, at our bar. Remem- ber that de minimis rum curat lex ; and confine yourself to the crotchets which belong to your profession ; or aspire, at the very most, to semi- briefs, lu the mean time do not hope, brandish, ing your roll of scribbles, to beat Time. Inquire of Captain Rock's historian, whether Time has not already beaten you.t Aye, whether he has not - * Declan has been obliged (preface, p. ix.) to tax E. B. with " i9Xt\yfitfing away from the question :" his magician-like caprice is hinted in page xxxiv of the Observations ; and his cadenzas, or Jallings qffy have not escaped his friend, the Au- thor of the Complete Exposure. See preface to the second Edition of it, page 1 . . t Others represent E. Barton as a " Utile red riding hood'* See Observations, page xxxiv. X See an implied list of the killed and wounded in page 24<9. — But why do we talk of killed and wounded ? Did nofe the Trash Conscriptions of E. Barton die a very natural death ? All that annoys me, is to observe tliat a portion of the mortal dulness, which sent them to their snuffy graves, has escaped from the 56th and 57th pages of the Apologetic Postcript, and settled in the 7th of the Memoirs of Captain Rock. The play- ful, witty, and clever Memoirist {cujus ego ingenium ita laudo ut M'l: 6S beaten your flat array, if not to stock-fish, to waste paper : whether your elite of pages be not em- balmed in the thtis et odores which awaited them ; whilein place of the mortal flimsiness with which you had stuffed them, their contents are now quuiquid chartis amicitur ineptis. Let the tenor of my present letter make a due impression on you. For should you make further base attempts to encroach on our department, I will apply for full redress to the harmonious system of the Law ; and, as the old song has it, " make vocal every Spray** on our behalf. The charge is a regular and even classic one : SympJwniacos ahdiucebat per injuriam ;* and it will go hard with us, acting as we do in concert, if we are not able to mulct you in treble costs. As for what they say, of your having a nack at composing reels ;t — but hold ! the topic is an awk- ward one. It comes too near a bottle ; and re- news the discords of December twelvemonth. non pertimescantt as Cicero once said,) ought to apply to his friend Mr. Crampton without delay, to cut out the Bartonian mawk- ishness, before its taint can spread. We know, from the great poetic Rock, what a short lived race the '- >!•- V ■ -.■^. U •■•*-: COLLATIONS.* 1 " E. Barton has lately written an excelfent and eloquent political pamphlet, entitled Recent Scenes." . ' Complete Exposure^ " In the various tracts of which E. Barton has been of late prolific, one knows not whether most to admire the genius, or lament the want of judg- ment, by whicli they are almost equally distin- guished." Observations occasioned by the Letter ofJ,K,L. " E. Barton appears to seek for truth, and truth ordy ; and shows himself eminently qualified for the search." S. N. " E. Barton seems to delight in creating around him a labyrinth of moral and political perplexities , where he may be at liberty to roam in pimsing delusUm^* Observations. " The great object which Mr. Barton has at heart, is to relieve the peasantry of Ireland^ and * Vide CoIIatini Epistdain ad Brutum Bradwardinengeni. f First page to preface of Second EdiUon. 1 1 ™r-T7'-3'v'v . ♦, • r -i^\jf& by so doings to benefit the country. In his se- cond argument thece certainly is some appearance of force ; and I remember a time when my ob- jections to the tithe system exceeded his. His third argument is founded on the annoyance of yearly valuators &cet. There certainly needs much amendment in this particular. Proctors are frequently litigious and dishonest ; and have ample opportunity to indulge themselves in ktOr very. * Their exactions the peasant had felt to be vexatious." Thoughts on tithes, by a Munster Farmer* « E. Barton indulges in moonlight rambles, upon the confines of truth; and loves to wan-- der in the twilight of dubiety. q. " E. Barton adduces a variety of arguments, in a disposition which belongs to minds seriously disposed to seek for truth." „ ^^ " Nero fiddled while Rome was burning, t E. Barton^ while his Country's dearest interests are at stake, dallies with paradoxes ; and delights to ramble in the twilight of dubiety." ^, * It is right to add, that the writer attributes this to " the manner in which the gervtry abandon their tenantry/' p. 6. . f The writer whom I am quoting disclaims, with manifest kindness of feeling, and great courtesy of expression, apply- "Such are the questions, on which E, Barton assumes the right of judging in the last resort." ^ Case of the Church of Ireland ; preface to second Edition, " Discussing, without intending to decide, he doubts, and pauses, and deliberates, and resolves, and hesitates, and doubts again ; until objections and difficulties assume, in his transparent mind, something like the appearance of a reel in a bottle." t Observations, " That my endeavours" (to defend' the cause which I had undertaken) "have attracted the notice, and met the approbation of E. Barton, has been a very high gratification indeed. With ing this to E. Barton. But have his readers all been equally forbearing ? While tithe-mooting, he appropriately strayed thro* verdant vales, and Ceres' golden reign, only sec what his supposed *• fiddling'' produced. I of course refer to the letter which has just been given ; and which is furmised to come from the leader of a power, formidable, (and perhaps even dangerously connected,) if what the poet has said of it be true. Headlong, impetuous, see it pour : The Rocks and nodding groves, rebellow to the roar. f This is very pleasant ; and £. B. left himself open to the pleasantry. But it entitles him to an acquittal of the charge of assuming to decide in the last resort. -^•ti^«S^>'.^'.- him we discuss questions, as men who have the same object in view, and join their strength, to attain it." S. N. . «* It is provoking to those who know E. Bar- ton's powers, to witness the perverse and unsatis- factory nature of his speculations.** t ., Observations. " A pamphlet of no common kind has just is- sued from the press, under the name of Barton. The author calls it a Rhapsody, We should ra- ther incline to call it one of the most logical spe- cimens of ratiocination, which it has ever been our fortune to peruse. It appears to commence rhapsodically enough ; and to dart in medias res^ like an epic : but the very first sentence, though figuratively conceived, is an exact definition of a miracle ; and though the author might seem to a cursory reader, episodial in his manner, there is not, in our opinion, a single deviation from the most rigid principles of induction, from th^ first page to the last." ' ^, :^ Dublin Evening Post, Compare with the above, the three last extracts which have been given from Observations. I, the X There is in the very anger of this writer, a kindness which E. B. thankfully feels, even while he endeavous to rescue him- self from the charge of having provoked it. 'y- :v?w5f vC 72 SYLLABUS OF ^TRACTS AND TOPICS. The Author's object, in the following pages, is rather to submit questions, and to insinuate doubts, than to close the former, or remove the last - Preface. i^ The intricacy of his subject, and diveruty of the opi- nions formed upon it, seem to justify this undecided course. - - Tract, page 2. Accordingly, in this treatise, there will be found contras as well as pros. The Author strongly doubts whether the clergy ou^A^ to he so paid. - - He thinks they are not so paid. Accordingly, he disputes the position, that in the case of our clerical establishment, the State possesses powers of change, modification, and control, equal to those, which in the case of its civil, military, and fiscal o£Eicers, it may possess. » The Legislature may perhaps give itself that degree of power ; for it may abrogate the legal principle, which for the present seems to lie in the way of its attempts at fundamental change. < - But Parliament will be very cautious how it meddles with first principles. Ibid. As the law stands, it seems inaccurate to say, as in The State of Ireland it is said, that the State pays its ecclesiastical, as it does its other oflScers. Ibid. Ibid. Ibid. 3. Ibid 4. ■Kf'j.i-.'-t-S "*'- '^'.V- la theory it is omnipotent: but there are axioms of the Constitution, which set a practical limit to this vast power - - ;. - Ibid. Cottld the Legislature rescind magna charta, repeal the habeas corpus act, and bill of rights ; and en- act that the Royal Authority should henceforward be despotic ? At least they would not. - Ibid. Tliey will be, in general, averse from that adventu- - rious repair, of which the preliminary step is de- molition - >- - .- S Our clergy cannot rest their proprietary claims on any foundation deeper than that which our law supplies. - - 6b But their right to tithe, though not divine, is sacred; it bears a venerable resemblance to that which the v Priesthood of God's own people once enjoyed ; and is to be approached with that pious caution, which things sacred should inspire. Ibid, and 14^9^^150. Even assuming our right to meddle with tithes, we should not do so without necessity. Ibid, and 150. Nor in a degree exceeding that, which such neces- sity requires. • page 6 and 150. Tithes seem indeed to have beeome encrusted with . y. some abuses. - -. & And are also entangled in objections, derived from the peculiar situation (in point of religion, and in other particulars,) of this country. - Ibid '.'■U ^~' 4'. . 7.i • • i ■ But still, before we touched them, we should not only , .' be satisfied that the system, as it stands at present, .. is a grievance ; but that it is one which our inter- ference will be morally certain of removing. Ibid, and 150. We are not to make them a subject for experiments; with a dim prospect of benefits whiph are preca- rious and contingent. - 7 and J 50 (Note.) But the more scrupulously reluctant is the legislature to trespass on clerical right, the more tractable and liberal our clergy ought to be ; the more averse to sufiering those rights to mar the present, or pre- clude the future welfare of the country. - 10. Mr. Burke considers the estate of the church to be incorporated with the mass of private property. 11. With this (pinion, that of the author very nearly co- incides. - - - Ibid. But, from the context, it might be inferred that Mr. Burke rather meant to suggest a close a£Snity be- tween Church property and private, than to insist on such strict generic identity, as would make them indissolubly one. - - 12 and 85. And if permitted thus to expltun it, the author goes the whole length of this opinion. - 12. While Church property partakes mainly of the cha- racter of that which is called private, he conceives it also to present us with vestiges of a public origin and nature - - 14 — 68, and 150. It would appear as if originally it was a provisioa of the quantum meruit kind; and its qualities seem •J^BS5T?wi^.vj?.-:7i«^3T'^|?¥:^ suggested by the Divine declaration^ that the la- bourer is worthy of his' hire. ••-: . 14— 681. .'■*:. «. . ■ '. ' '4 ' *■" *-^ ■ " ■ ■• The Public were to pay this hire; religious instruc- tion, the performance of religious rites, &c. were the quid pro quo ; and thus to ecclesiastical pro- perty something of a public complexion and cha- racter seems given. - - Ibid. But though for some purposes, and to some extent, we may endeavour to trace ecclesiastical property to its source, we are not to define the present rights of the Clergy, by means of a reference to what we suppose them, in their rudiments, to have been. 14 and 110. In determining upon them, we are to consider what they are, by the laws of this country, at the present day. - - - Ibid. < . . ■"■ Even if the matter were res Integra, the author would say that their provision ought to be liberal, perma- nent, independent, and secure. ^ - Jbid. And that the higher classes of society should find themselves surrounded with a clergy, on whom their pride could not look down. Ibid, and 110. But while the Clergy, with regard to their income^ resemble the possessors of private property, there is a distinction between the two kinds of pro- prietorship. - - - 1j. The Lay proprietor, in private right, of land, so long as he pays any rent-demand to which it is subject, and refrains from certain crimes which induce for- feiture, continues (however grossly he misbehave) to enjoy his estate, - '»'* ^l^'^* --■% •-•^j; ',^^" 76 But the spirhual proprietor earns a public pro? Islonr ., not by the rendering of a private service, but by the performance of a public duty. - ItMcL And is liable to be deprived of his iuconae, if he be found unfit for the performance of tlwse public duties. - - - Ibidr And this is successively true of all who jure ecclesia; succeed him. ' - Ibid. In the same degree in which clerical income differs from that of the private proprietor, it approaches (yet is quite distinguishable from) that of the pub- lic officer who receives a salary; that, for example, of a judge. •> . - • Ibid, Kor can it be essential to the independence of the clerical order, that this resemblance should not exist : for it is of recognised and vital consequence, that the judges, who yet are paid by salaries, should be independent. - -■ Ibid. In proportion as clerical property is coimected, rather with income of a public, than of a private kind, it seems attracted within the sphere of legislative control ; 16 and 150. Though the mixture of private that is found in it* blended nature, must more or less restrain and set limits to this control, and entitle it to be touched witli extreme delicacy and circumspection. 16. 6&, and 150# in pronouncing the parson to be a corpoHration, we at once infuse a portion of puUic nature into his . rights. - - The disabling Statutes, operating by j»tf6&'c'enactment on the property of the Church, seem to intimate & 16, ■j^'^mfy?^:; 'i:'Wt^-^:--iimtTW\ difference between private property and eccleMt' tical possessionif ..>;/,^;. ; - . 17» The Legislature does not thus, by public statute, take the dominion of his property out of the handi» of a private individual, who is compos, - Ibid. A layman, seized in fee, may, suitably to such abso- lute ownership, sell or give the property all away. Ibid. A rector is, jure ecclesiae, seized in fee: yet he can- not sell, or charge, or commit waste. • Ibid. In the situation held by the present occupants, each and every of their successors, one after the other, will for ever be. - • • 1 9. Thus if the present occupants assented to regulative alterations, the Church would not be without secu- rity against being permanently injured by such as- sent: for each man, in attending to his own in- terests, would be prospectively guarding his suc> cessor's quite similar concerns. • • Ibid.^ It is to be hoped, either that the. present possessors of Church property can bind, by their acquic' scence, the quasi fee simple of the Church ; or that the Legislature have the right coercively to interpose. - * Ibid. Since otherwise, however indispensable some regula- tive modification might become, there would be no legitimate authority that could effect it. • Ibid* It is said to be the landlord, who in fact pays the tithe. 22. But this the Author doubts ; - - Ibid. '•'.■ *. 78 • . For the following teaaooBiJirtt, that to what unount the tenant should claim deduction from his rent, on the score of tithe, is, as things stand at present, a matter of difficult, — scarcely of practicable— ^cal- culation : secondly that the demand for land is too * great in Ireland, for the eager competitors to urge such claims as these. <- • Ibi d Again, even assuming that the occupant does not pay the tithe, he seems to himself to do so ; and this semblance is as afflicting as the reality could be. Ibid. And the Roman Catholic peasant is also liable, in conscience, to his own priest's dues ; which makes his burden the heavier and more severe; and the numbers of the Roman Catholicks show how ex- tensively operative this severity must be. Ibid. He will be the more sensible to the pressure, because the return which he has for one payment serves to remind him that for the other he has none. This may not affect the intrinsic validity of the tithe- claim; but it helps to account for a discontent, which it is desirable should be allayed, if, without too great a sacrifice, this could be done. • 25. This propensity to discontent is encreased by the va- luator ; an annoyance of annual recurrence ; and often by the conduct of tithe proctors and con- tractors; if this race be not traduced. •> 24. They both have an interest, that might lead to high valuations. - - - Ibid. The fall of prices encreases the pressure of tithe, as long as rents are not proportionably abated; be« ■ ,79 •:;- ■"• ■;■■■.:.■/•;■ cause the profit, from which the tithe is to be taken, . ' has become a more scanty fund* ' - Ibid. ^. ■- >- ";r- ■ ■ ^.. ■:■■-.■:'' '^ -'■'■ '■ , ' — -- Land tithe-free is said, by Lord Maryborough, to let for lOs. more by the acre, than land of equal qua- lity subject to an acreable tithe of Is. 2d. - Ibid. This seems to show how odious to the peasantry the tithe demand must be. • - Ibid. Tithes cannot encourage agriculture ; and if it flou- rish under them, this must be where other circum- stances, inducive of tillage, more than countervail the discouragement which they produce. - 25. 26. But if while tillage flourished, the tillers of the earth were in distress, such unprosperous condition of our agricultural population might call for a modi- fication of the tithe system. - • 26. Now, notwithstanding the increase of our com ex- ports, the condition of our peasantry has been, and continues wretched. - • Ibid. On the whole, the author suspects that in the present tithe-system there may lurk grievance, which re- quires correction ; but adds, that suspicion is ill ground for innovating, or encroaching upon rights ; . and that to be acted on, even short of such viola- tion, the surmise should be strengthened to a mo- ral certainty. - - - 22, And it not only should appear that the present sys- tem needs correction, but that the change, which we contemplate, will be corrective. Until this also appear, no alteration should be made. 6 and. 150. ■*^ ^ :^-:^^ 80 Whether the tithe system ought to be reformed, the author does not pronounce: but it ought, he thinks, to be examined and scrutinized. Helielieves that the tithe payer is charged not a tenth ; nor more than a twentieth at most. 29. 41. Whilethisfactdisplaysthemoderation of the clergy, it may also perhaps show, that their claim, pushed to its full extent, might become an intolerable griev- ance. Even that twentieth which they now de- mand, the peasant sometimes feels it difficult to pay. - . - Ibid- But the clergyman may, at any moment, proceed to enforce his legal title to a full tenth. Is not some modification, which shall preclude this danger, to be desired ? - • - Ibid. In the mean time too, the valuator might wield this summum Jus to purposes of oppression. If he overvalue the twentieth, and the occupant remon- strate, he may intimidate him, by threatening to estimate and demand a tenth. 42. The amount of tithe, to which he will become liable, is not a priori so certain and defined, as that the person who will have to pay it can indemnify him- self, by the terms of his treaty with his landlord, when about to take the ground* - 4^. But even if such calculations were more practicable than they are, yet the poverty and redundancy of our popoitttipn, and the strong competition for land, which these produce, forbid the entering upon any such preliminary computations. - Ibid. i»^ ^'r;''M''^''^^'^;'-;V;^: ■ .•.'-■^'. The poor Irish bid for \md, as a starvingjman would for a loaf of br^ ; and afterwards consider where they are to find the purchase money ; or discover that it is not to be found. - - - 44. Quaere is the title of the Clergyman to tithe any thing materially ^Ufierent from a Uen upon a tei^kth of that produce, the property of the whole of which is in him who raised it ? - • - ^ 45. It is alleged, * in defining the tiller's right, that there is a portion of the crop whidi was never his. The author questions the accuracy of this view. 48. The right to tithe arises ex contractu. It is a tem- poral price, paid for spiritual aid and counsels. ~ Now a stipulation to pay a price implies, ^rst a value, actually — or by presumption of law f — re- ceived ; secondly that up to the moment when the contract was consummated, the price formed part of the property of him who undertook to pay it. The contractor could not pass by his. agreement that '* which was never his." ... 48, 49. The very title of the tithe revenue acknowledges its -.^ . ^fractional character. It is the tenth part of a xt^ole» It must have been severed, before it was set apart. Until it was so severed (I do not mean in fact, but in the eye of law) it, and the other nine parts which formed the whole, were the property of him to whom that integral belonged. . . - 85* • S. N'» inquiry, p. 17. '3. * "*■ f As, between the Established Chiuch and the Roman C^thdic titiie payer, the cause perhaps may stand. J. I ■ » * ■ ^ 82 " I ''■-' t r ■ • "" , Some facts, characteristical of tithe, evince its intrin* • . secally remuneratory nature. For we find the amount of the reward depend on the quantity of service. - - - - - •' • 67. Thus, in England^ the more populous is the parish, the heavier will be the duty, and the more ample will be the income. - - - - Ibid. But change the scene to Ireland ; and suppose five sixths of these numerous parishioners to be Roman . Catliolics, and that these all pay : — ^the proportion between service and reward disappears ; or rather is inverted. - - • Ibid, and 82, 83. If for tithe, any other payment of the nature of a tax were substituted by the Legislature, — this the community at large, including Catholics, would have to pay. What difference would this make, so far as Roman Catholics are concerned ? What substan- tial difference is there between a taxy and a price paid by the Public for a public service ? And do not Roman Catholics, as things stand at present, pay this price ? - - - - - 49. It is said that " no difference, with respect to their state of cultivation, can be observed between those lands which are tithe free, and those which are not." So far as regards the state of tillage, the ttuthor admits the force of this observation. - 50. It is farther observed, that "England is better cul- - tivated than Ireland ; and yet pays a tithe much more strict." This proves little. The superior cul- tivation may be accounted for in various ways ; and ' seems not to have been occasioned ^, but to have ^r\s,exi notxmthstanding \\ihe, - - - 51. rf:m^W''-:K;<'r' Again, in England, the population \& a Protestant^ ' '■.' ^ one : few, scarcely any, have to contribute to the support of a second Church. - - - 51. It is observed that " the Scottish Peasant is worse clothed, and lodged, and fed, than his neighbour south of Tweed." — But surely this inferiority is >' ; | not produced by his exemption from tithe. We know, not only tliat it may be^ but that it is the consequence of other adequate causes, operating in spite of this exemption. - - - 52. * It is not, in the author's mind, enough, that a provi- sion be made, which shall amply compensate the . \ labours and services of the Clergy. The Ecclesi- astical property ought to be such, as will support the dignity of the Church. - - . 62,64'. *^ V He would not Jcncnn the constitution, if he found Bishops excluded from the House of Lords. Ibid and 110. "r^^ And while they sit there, ought not their posses- sions to be affluent, and perhaps territorial? 63 and 110. At the same time, the peculiar situation of this Coun- - n| try, as contrasted with that of England, is not to ", . , -^1 be overlooked ; and though we may not on this /J ground violate the principle, we may consent to ^ : ?i soften and modify its application. - . Ibid, ..v Sl Ecclesiastical property seems to have issued from a public fund, to be applied to pay the holy wages ^ ; i^ of spiritual labour; and maintain the sacred and ^'; sober grandeur of the Church ; the amount of * ■ , such remuneration, and extent and splendour of ' the Church Establishment, being measured by— and bearing a fixed though liberal ratio to — ^the ^' > wants, the means, and general circumstances of :. ; the Country. - . - - - 6*. % i-'., -••,■:■ W^» - 84 Within certain limits^ this view seems one, to be ac- * ted (though cautiously and reservedly acted) on. 66. If the fund appropriated become far more productive than the case requires ; and the appropriation of so much, appear more than the circumstances of the country can bear ? - • • • Ibid. The author would be very reluctant to adopt as an argument for the present tithe system, that while objectionable in every other respect, it was " the great stay of our connexion with Great Britain." what was injurious to one Country, he would not forge into a link of connexion with the other. 68, 69. What the Clergy were prevailed on to remit, it seems •|^ unlikely that the Landlord would exact from the ■'■■■-' occupier of the land. - , • • » 71, Y** ft , r StiH less likely is it, that where the Clergy took a thirtieth, the Landlord should require a tenth. 75« To consider the Parson as a mere Landlord, and his Roman Cathdic parishioners as his tenants, not his flock, resembles an admission, that he is for enforcing a contract (see p. 48, 67, &c.) the consi- deration for which is gone. ... 84, The nature of the remedy is usually indicative of that of the right ; and characteristic of the relation to each other, iA which the parties stand : and the remedies of the Parson against his parishioners do not suggest that the relation beiween them is ana- logous to that of Landlord and tenant ; • •> Ibid. For the Parson to negative his being Pastor, or that a cure of souls was the consideration (actual ,.«?' - -. _ ^' \,-i^ "■■'.. _.'. ' . * • ■*. 'V.";. . ' • " . ' ' ' " *• '• ■ •■ > ' ■'■■ 85 ^' '.: ; ;' \ - - - * ^ or presumed) * for his demand^ might be (o de^ feat his own claim. The pemddes (or rather for- . ^ feitures) on non residence are pertinent to this view of the foundations of the cluim to dChe* •^. • B4, 93. If tithes w^e remunerative, and for services cdtiti* . : -^ nuing, they would, on the abolitidn of the clerical v- v order, (see Dedan) revert to the remunerating source or quarter. • .^ - - 86. A too peremptory and unqualified assertion of the strictly and merely private character of Church property, seems not improductive of consequences : J somewhat difficult and entangled. A property on >. condition becomes ^ He refuses to Catholics an argument, whidi they . might wield against our titles } and to the Estab- lished Clergy one, which would be pushed too : y^ •!. 1', • As in the cMe of faSs Roman Citfiofic EiurnhioiMfs. 86 .^ •: -.,"■,■■■; far, if it were pointed against legislative authority, : or the attainment of public good. - . . _ 39. Was Ecclesiastical property so merely public, at^the ■ time of the transfer, that it might be so trans- ferred, — and has it become so strictly private ■ since, that it cannot now be even modified ? - Ibid. The grant of tithes, if it resemble that of lands of inheritance, conferred on settlers, is however dis- tinguishable from them. Tithe is in general for services performing, and to 6e performed. • 91. It is one thing to resume the price of goods deliver- ed ; and another, to stay, or to reduce the pay- ment, when an article ceases to be furnished; or is supplied in smaller quantity, by reason of a diminution in the demand • - - Ibid. It is said that ''the income of the Roman Catholic parish priests and curates is greater than that of the same ranks amongst the Protestant Clergy." — But surdy it does not follow, that those who, without ample means, are paying largely for servi- ces which they receive, should incur a farther liability, on no valuable account at all. - - 88. The doctrine, that the right to tithe has nothing public in its complexion, but is of a mere and purely private nature, if pushed to the extreme of inference which it supplies, might be found to - demonstrate this practical bull, that the title of our Clergy to take tithe would remain unaltered and unalterable, though the inhabitants of the country were Roman Catholic to a man. At present, in many parts of Ireland, a great majority of the inhabitants of. every parish are so. ~ From the mi> • ^9f , V nority in each of those cases, demo unum ; demo ^c item unum ; and though we proceed to do so, until . such minority is reduced to zero, that theoretic foundation of the right to tithe, which we are ' here objecting to, will remain ; and thus the argu- mentum ad absurdumy against such a theory, seems . let in. - - ... - - 90. The private character of this species of Church pro- perty appears therefore to be rather similitudinary, than identical. - • - • - Ibid. It is observed, that "in the reign of Henry the second, the Crown relinquished the right of pro- perty, in that with which it endowed the church." But in the sixteenth and seventeenth centuries, either this right remained, if not in the Crown yet with the Legislature ; or became revested, by the public exigency of the times. - - - -. . 91. And if this latter were the case, it seems to folk>«^ -. that public exigency may confer a- title of resump-- tion. - - ... . - Ibid. On the above grounds, the author doubts the sound- ness of the doctrine, that thtf power of the Legis- lature,, in the case of Church property, is nothing more- than a visitatorial authority, reserved by Henry the Second ; and in process of time com- municated to Parliament, from the Crown. - 92. And he (the author) rather conceives, that the Legis- lature may have a right so to reduce, on an emer- gency, the grant of the State, as to make it com- mensurate to the objects for which that grant was made. • - - -93. ;^1 Sf ^ -.■'■■•¥ ••• '■ .;•;;•■: ■^7*' ■ 88 > • i - Such a proceeding, on the put of the L^slatnre, would not be 90 properly to revoke the l^ter^ as to maintain and enfbru ike spirit of guch grant. Ibid, and 1 23. And legislatire interference may be the more war« rantable, because the possesBiou which it touches are not strictly or altogether of a private nature. 6^. 90, &c. tn the clerical ri^^ there is ft mixture of public and private ; or a similitode to each. « 109. Not only have the established clergy a right to be ' supported ; but that some amongst them should be supported with a splendour, which may give dignity to the Church. • «• 110. Whether the dbtribution of the ecclesiastical re- venues amongst the clergy be exactly what, if the matter were res integra would be most desirable, may perhaps be questioned. • 112. And it may be alfo doubted whether there be not some impediments in the way of their thoroughly counteracting by their residence (though they may mitigate) the evils of absenteeship. • Ibid. * The enemies of England ;' by this title, in the au- thor's vocabulary, those of Ireland are also meant. H^. Much of what is observed by Declan, of our esta- blished clergy, is true, material, and to their credit. ll^. It is said, amongirt odier things, of this body, that by them BrkiA connexion is strengthened and pro- moted. If 90, they deserve well of the State and the country ; but do not alter, by this meritorious f m ■''-■■ ■ : ^^ tfinMoe, ibe legal and tfaeoceticHl founrai^ojD of '. ' V;; their claiio^ to tkbflg* ■_/\y-,---y ■'/,-,^^!:'-:.^/^'^,:-:. y -v TIS. If from the Church a portion of that invidable ex- ' emptioB v«re withdraivrn, whi<^ deriv-es Itself irom die BVL^aaed v^fif priviMte nature (^ their pof^ sessioDS) the author hope^ that its place would be > abividantly supplied, by the scored character with v which ecclesiastical property is imbued; the re- . li^ous sentiments of the public mind; the regard of a Protestant flock, for Uie holy revenues of its eslablifiliment ; the pious delicades and devout aiectioB towarc^ i^ (^jiroh, wl^eh e*Mer musfc per- ^ vade A ixiily Christian popuIat^oQ.* » .t51« ff P&rHamentary inteiference sfoottid tttke place, aipple compensation ought to be made, for any loss oct»sioned by the ejcercise of such le;gislative con- trol, - > - l$0. Nor would any proceeding, in the author'a miad, de- serve to be approved, which d^d not leave our present cler^, and those of the time to come, sck , .«urity^ indepwidence, and affluence to a moderate degree. - , . . - - 151. Or which failed to provide suitably, and therefore largely, for the Jtionour, iinpoeiog digjc^tyj, ^ so- lemn splendour of the Church. Ibid, and 62, 63,64, and UO. * QiwQobrcm si jpre poasis fcousare, ^uiieii, id pi« fac^re nop |Kmni— CicKRo IN Coeciuux. "f* It will be rec oU e ctod, 4httt the aboye^a b atw ct rf4ba< iontent 8X>f * Tracts . ^ and Topics,' is ^yen for the mere purpose of riiowing what that jpublicatioa contains, (upon tiie titfae-subjiect) and not with a view to reasserting the Author's opinions ; or denying or detracting £rom the weight of ai gown ts, which hare nnce been urged against them. • '^ I v.'.*: ,- '"^■'' ' ' ' ^ That long Sdllloquy, of part of wt^ch the abovs "^ Syllabus gives an abstract, though it be, I hope, coherent, and including little that is foreign from its purpose, must yet be allowed to be mis- cellaneous enough. Indeed Declan has induced me to suspect that it is too much so. Such va- riety may beguile weariness, and keep up atten- tion; but produces a something to which the simplex et unum must be wanting. The work (if it can aspire to such a title) may also be open to animadversion, as pursuing a too dubious and un- certain course. With regard to this, a very judi- cious suggestion will be found, in the twenty-fourth page of Declan's preface to his first letter ; while the same fault is hinted at and rallied, fairly and with much humour,* in the second edition of : . ' « Observations occasioned by the Letter of J.K.L.' I can only say that vicina virtutibus sunt vitia ; and if I have been too much of a Waverly^ I have been made so by my caution. Not that cowardly and selfish caution, ** which dares tell neither truth nor lies ;"f not that caution which checks expressioh merely ; but that which also, and still more scrupulously, reins in thought j and which is a sort of Antipode ■ *., And it injustice to add, that the humour is delicate, not coarse. f Pope 91 ^ to headlong innovation But might not my cau- tion have chosen a more judicious course ? When it dictated hesitation, ought it not to have imposed silence ? Why should I perplex the Public with my doubts, when perhaps there would have been presuniption in even troubling them with my opinions ? On other grounds too, it might havQ been better to *' stand mute," — not " of mal;ce or froward mind ;'*' — but from just diflSdence, and wary prudence. My miscellany of discussion involved the acknowledgment of some opinions, which (by those at least who abet them) are called liberal. Now the worst of liberality is, that it makes us acquainted with strange bed-fellows. It brings one into bad company; which is worse again than being left out of good. Then is a man not to be liberal ? 1 do not say so. Nay 1 am far from denying that he ought,! when occasion calls for the avowal, to declare his principles, and act upon them. But I doubt the prudence of his unnecessarily engaging in any discussion, which involves a public profession of constitutional faith. That this should be so, is an additional reproach to those, who espouse the intolerant and anti-liberal side. It is they who, if we will associate with Freedom, force us to wait upon her in that Co- ventry, to which she has been sent. It is they, who thrust Patriotism and Public Spirit into com pany with the Turbulent and Vulgar. For, strange to say, it is in a quarter where these latter also are to be found, that we are to look for a lib^raHty, ■t) f ..-.> ■.\ ■ c O I ft': 92 which our Optimates ought to be as anxious tb rescue from such hands, as Rome was to recover the eagles of Crassus and of VartM, from the Eastern and Western Barbarians, into whose pos- session they had fallen. But veraprordus senioreB stmt locutif displicere regnantibus civilia in^ ffenia,* To return to my doubts. S. N. appears to have penetrated the motive, which led me to entertain and to express them ; and accordingly they have es- caped his censure. The work in which this writer has honoured me with favourable notice, I have f ead with the more attention, because I felt as if I had something to guard against. Ifelt, in short, that my gratitude for the author's kindness might in- vest his arguments with more than their intrinsic force. I must indeed admit that I have much reason to be grateful. He has bestowed upon me something more solid and valuable than praise. He has manifestly and practically given me credit for honest motive, and upright intention: he has thought my arguinents worth discussing; and myself worth convincing. I will here take the liberty (without much method or ar^rangement) of * Tacitus, Annal. L. 2i c. 82.— Hi» Majesty's visit to Ire- land involved proof, Uiat Regnantibus ought not to be trans- lated J^tng-;. By the way, let me here confess, that I am ungen- feel enough, to pronounce tlie great City (as Shakspeare did) Boom i and am iar from genilemar^ke ^no\s^ to caH: it Roanu ndveiting to the matter of his tract; and this re- spectful notice shall form my conclusion. I feel as if legal theory were with S. N. ; and as if my paragraplis were too like an army of obser* vation ; not indeed encoantering^ but seeming to thfe^eii* the positions of Sir Williain Blackstone^ ^T. Burke, and Sir Edward Coke. I could not look behind the Law, without suffering the Law to turn its back on me» If tithe be ** an ecclesiastical in«- heritance, collateral to the estate of the land,*** I must admit it to be a charge, affecting the inhe- ritor ; one which must continually follow and cling inseparably to that land; and attach upon and encumber it, into whatever hands it come : while the corporate character of the parson,t can but regulate the transmission of this species of pro- perty ; not affect the question of the church's la- gal right. If all this be so, tithe must issue from the land ; and be to be claimedfrom the inheritor. The land- owner must^ ^ cofifemplatian cfla/yb^ be the tkhe payer. And he rMty be so in facty while seemingly his tenant makes the payment. The landlord pays, * R^orts, Part xi. p. 13. Ih f Blackst. Comnj. B. I. c. 1^, ;. i» - •':<:'. -:*^''\:'i«-,-- if be reimburses liis lessee, by an allowaDce. in (i. e. deduction from) his rent, equivalent to the amount of the parson's demand for tithe. S. N., with a candour which has its reward in the access which it gives him to the minds which he would persuade, admits that the tenant seems to himself to pay the tithe. But to this admission he tacks a very proj>er-^and argumentatively conclusive question, — is the mistake of one man a reason for our confiscating the property of another? I shall not be foumi to lay a snare, when I ask S. N. whether the tenant does not more than seem to pay this ecclesiastical demand ? There is nothing insidious in the question ; because I ad- mit, that though it appear that he actually pays it, this fact alone can not disparage the title ol' the Church. The tenant does pay the tithe, if he have not been allowed for it in his rent, as money to be paid laid out and expended for his landlord. But I repeat my admission, that the rights of the clergy are not to be affected, by a transaction to which the church has been no party. They are not to suffer, because the land-owner has with- held from the land-occupier, an indemnification to which in justice this latter was entitled. But S. N. will agree with me, that the tenant^ in this view, would be aggrieved ; and that the grievance ought, if possible, to be redressed. But how IS it to he redressed ? Whether tit trie expense of laity or clergy? If by the con*, stitutional charter, under which we live, the property of both be equally secured from all interference of the Stale, I admit that we can no more, so long as we act within the law, take ii>to our hands the management of ecclesiastical/ than of lay estates. What then must we do? Having ascertained beyond all question (for this is the first thing to be done) the existence of the evil, we must next and very studiously inquire, whether it can, without infringing any cardinal principle, be corrected ; and if it can, to this safe and legal remedy we should resort. If the mischief defy all ordinary means of cure, we are to compare its magnitude on the one hand, with that of the peril which may attend its remo-> val, on the other. On the result of this com- parison we shall then have to decide, whether we will continue to endure the disease under which we labour, or submit to a hazardous operation for its cure. Whether the evil which we are bearhig, or the sacrifice of principle to its extir- pation, would be the worst. I do not deny that in extraordinary cases, there lies an appeal from the customary establishments of law, to that sahis popvUy which is described as th^ supreme law: but such appeals are revolutionary; /and only td' ■*•- he justified by the nieces^ty of tlie cas^. They are a kind of repair, which tampers with the foundation ; and in prosecuting which, we might bring the constitutional structure about our eiirs. If however, we find the mischief to be such, and so very urgent, that even a formidable risk should be incurred for its removal,— yet w^ ought ta obtain a certainti/, that at the risk which Wie are about to run, we may remove it. We are pot^ for the chance of redress, to incur the hazard of demolition. The evil is also to be traced veiy carefully to its source: a proceeding obviously essential to its permanent and complete removal. If the remedy involve an interference with any lights, it is those rights, the abuse of which has produced the evil, that should be interfered witli. And this on two obvious grounds : first, iJiat it is where the mischief has originated, the corrective should be ^plied ; secondly, that those should pay the penalty, who did the wroiig.-^I am here supposing legal principle sacrificed to paramount emergiency; and I am also assuming that this sacrifice must be made, before the management of property, either ecclesiastical or lay^ can he taken into the hands of Parliament.^^Towards such a view, it seems unnecessary to inq[i;iire, whe^ ther there be any thing in the public uature of Church possessions, or the public servjces re- turned for them, which would render this i^edes of property more pliant,, than that of laymen : I meaa supposing we examined both, in what I will call theiF early rudiments, as these are to be found (or to be imagined) beyond the precincts of that Law, which seems to have placed them» > (while within those precincts,) on the same strong footing of security. Such an inquiry, I say, is un- necessary: because the above hypothesis is that of a sacrifice of legal institutions, to the demands of an imperious crisis ; and when this is once the case, the right which is about to be interfered with, can derive neither argument nor protection, from its mere legal strength. The only question then will be, what are the rights which obstruct the remedial objects that are in view. Unless so far as what fluctuated is become more fixed, — as doubts have settled into less wavering opinions, — I am not conscious of having varied here (or at least of having varied substantially or much) from what is to be found in Irish Tracts and Topics. Yet while what I have been say- ing may conflict with nothing there, I do not believe that I have asserted any thing from which S. N. will disagree. The more especially, because I have declined curiously recurring to the origin and rudiments of ecclesiastic titles. In such inquiries I should have to put myself under the guidance of Conjecture: and even though my conductress did not mislead me, I must admit that arguqients drawn from what property once tvas, must be sparingly applied to what it is. It is one thing to be the owner N :" •j-*^- '- vr ."■..••'I ■ ' i ' - of a score of acorns ; arid quite another thing to be proprietor of a grove of oaks. I can conceive too that S. N. might impressively remind me, that the rights of the church are no longer in their in- ^ \ fancy ; but have reached a maturity which entitles them to put away childish things. I have had an experience so convincing, of the candour of this writer, that I know he will at the same time pardon my confession, that I have not hitherto been able quite to eradicate my ideas of the somewhat public character, which at its com- mencement belonged to the property of the church. Yet 1 almost wish to extirpate notions, which perhaps may be chokiag, in their growth, opinions more strictly conformable to law: more legally orthodox, if I may so express it. If tithe be ** an inheritance collateral to the estate of the land," (and for its being so, I have the word of Sir Edward Coke,) I must admit it would seem, as to its commencement, to be coeval with the territorial estate which it accompanies : and as to the future, it would also seem, that this incorporeal inheritance must have a duration commensu- rate to that of the corporeal hereditament, the landed fee-simple, which is to feed its claim. Nay, if from treason, or defect of heirs, this latter should escheat, — would not the inheritance pass tithe- charged (toties guGties) to whoever was the new grantee ? Therefore if church property be (as I was conjecturing it to be)aprice for certain clerical .,5s, w ■ V #r duties to be x)erform6d for the public, yet (con- sidering what is the law upon the subject) it would seem that the price thus paid was a proprietary right, as inviolable as if' it had been lay : that the time of the contract was the period of our social compact ; and that the only parties to it were the \^- Church and State ; or Constitution. Thus a law* yer cannot, I believe, consider tithe, as a price rendered by the person who actually pays it ; (or more properly perhaps who pays an instalment of its fruits ;) or as issuing out of the interest which such person holds. That interest may be a deter- minable one ; a short term for years : whereas tithe is an inheritance ; and must issue from an estate, that in duration is commensurate with the claim ; and permanently adequate to its satisfac- tion. The views which, though doubtingly, I was taking, supposed the tenant to pay the tithe. This, whatever be the case in point of fact, cannot be the case in-contemplation of law. It is paid by th^ land; and consequently not by the land-occupier, but the land-owner, I do not well know whether 1 have shown my- self to be inconsistent : but I strongly hope that I have proved myself to be fair ; and wiiat S. N. has kindly described me to be ; an inquirer afler truth. - . ' ■ - - » I do not understand him to affirm, that the tenant does not pay the tith^ -, but that if he does^ '«r« .^-■» :^^~%: ■ i. ■u- 100 .:'»■"■ this is the landlord's fault : that the Church has been guilty of no oppression ; and therefore ought to incur no forfeiture; even assuming that for such malfeasance, it would be liable to any. * ? *. U: That the poor tillage farmer is called upon to pay too much, I take to be what even an E. Barton could not doubt. Whether this be an effect of misconduct, or if so, where the fault lies, is a question of fact, highly important to decide ; but which I cannot be expected to deter- mine. S. N. does not seem to fear the conse- quence of a strict examination, conducted fairly ; and I cannot but agree with what I interpret to be his opinions ; that where the fault has been, there the stigma and punishment ought to fall ; and that if the blame lies not on the ecclesiastical, but on the lay side, — we should, by visiting the offence upon the former, be guilty at once of an injustice, and a blunder. We should be mulcting the innocent, and leaving the evil unredressed. For if that evil be excessive rent, we do not re- move it, by curtailing the demands of those to whom no rent is due. If that evil be, that he is compelled to pay the tithe, who in law does not, and in justice ought not to pay it, — ^it is not the Church that exercises this comj^ulsion. If the oppression come from the lay side, those who have practised it wiU not be indisposed to perse- * $ee Note H. Bt end. * Nos patria JineSt &c* Tu Tityre lentus in umbra Sfc. t Hie tameti hanamecwn poteris reqtdescerc noctem, X Deiijs nobis hsc otia fecit, &q; ' vere. Itie bver-population and utider-trade of the country will facilitate their object, by the eager competition for land which these produce ; and we may be but turning from the Rectors to the Landlord's purse, what we intended to return to the peasant's pocket, i . \ \ - .■ • . . ' : -■ ■■ ■ . - - ; - J r have argued (in Tracts and Topics) against the notion, that Landlord's will, or have been fe - ( ^ting thus. The presumption seemed (and seems) to me to be, that they would not pursue ' |^ a course that is counter at once to their interests, ': ■:i^^/:'^l-:_ and their honour. But pnesumptioni stabiturf only ^'^onec prcbetur in contrarium ; and if i$ ^'^e proved to me, that landlords had been following this line, — I would abandon all my theories against their continuing to pursue it. I should at most hope, that the blame rested less with Principal than Agent ; and again I should sigh over the number of our Absentees. Those behind them are left in a situation, little resem- bling that which MelibsBUs so extolled.* Amongst onr peasantry we may find the hospitality of a Tityrus : t but for his comforts 1^ we shall look in vain. It is not in Ireland, that a shepherd will | be found, ^ * ' ' -&i(i __- -.mr \ -x ■W: ^:^- v" ... ^.■'" ■» 1 ■" , ' . " -'^ 1 1^ j -•/ im 309-KTtftmgt aitft^ta. ^•jifAmf 2t» uXtTum .'H Paddy's whistle (a sad though sweet onci) is addressed to his plough team; not his sheep. Yet our shepherd, if he owned the flock, had every reason to be chearful, — that exemption front tithe liability could afford. An allusion to one classic reminds tne of ano- ther ; and suggests my acknowledgements* to S. N;; for a more correct view of Cicero's statements, than my memory had supplied* t I say my me- mory ; for I have scarcely looked into his orations for twelve years. My candid and able— not adversary but instructor — has shown, tha9 the oppressions which Sicilian agriculture underwent* arose not from any abuse of the tithe system, of Gelon i still less from its fair operation, however strict; but from the overthrow, by Verres, of that entire code ; which, though the work of an absolute monarch, and bearing upon it .the stamp and mark of this, t had, notwithstanding, formed a law, qua Sieuiis arare "^xemiK^T* % ♦ Euripides. -)- Soliloquy, p. 26. See also IHxin .* in Q. Ceecil* § 10. j: Ut earn scripsisse appareat, ita acute ut Siculont; ita stverct ut Tyrannum, § The next topic, briefly handled, of S. I*^, relates to what he had said of agistment.; and which he appears satisfactocdy and sufficiently to defend. ■ ^'-'\."; ; ^ ■-;■■-'-.*'-■>" ^"' ' >'Hi ■ "■ ;v ......' :--■,■.'■ '■' ^ ,■■. ■■'.--■- '■■ : •}" > . ■ - "^j . . ;'■•■,- .; - , .- ■' • ■■ ■;-'•. ■ . ' r .J . Bdt to return to a consideration of the inter- esting topics of S. N. ; if indeed I can be ss^id to have been digressing from them. — I had observed upon the case of the Roman Catholic, as affect- ed by the tithe claim. * S. N. describes the '• re- turn which he receives for tithe, as consisting in the diminished rent of his holding : the payment of tithe as one qf the conditions, upon which his land was leased to him."t I cannot controvert the truth of this description. But let us put a case; though I may not know to what practical conclusion its statements ultimately ought to lead. To this inference it seems, in the meantime to conduct us; that the Protestant and Roman Catholic tithe payer are not equally well off. , « B* (a Protestant) proposes to become tenant for a patch of tillage ground to A. It is to be sown with wheat; and with the cultivation which he intends to bestow on it, a produce of twenty barrels may be reckoned on. In the first instance it is agreed, that a tenth of this be delivered to the lessor at harvest home, in order that he may : remit it to the Rector. B. then calculates on sl* ; produce of, to him, but eighteen bairds ; and undertakes to pay for this a corn rent of six. The consequence is (a part of our hypothesis being ♦ SolUoquy, p. 23. j- Miscellaneous obsenratloiu, p. 23L .-.-i' ■r.« -l-:^ c) I A ■ ;•: |3'_ •,"-•;.?>:, - ' , - • •• ■ nft'V,-' •-.-.■<'•--.■ tr '" ^'.T-.'ifc ■"' ' -• • ■ - • ■i'' ■:^Pf'"- ' .^ • • • '. ;:= ;. ■ ^^r.- .•■>:' -\ / , that the crop equals his expectation,) that he h^s, twelve barrels, to reinburse him for the expense of ', having cultivated for twenty; and to give him withal that profitable surplus, which formed his inducing object when he made the bargain.— Now all this is as it should be. The landlord pays the tithe; for he purchases the two barrels j that compose it, by a reduction of his rentde- ! mand, which he makes, as upon a produce short j ' by a tenth, of that which the ground actually returns. Mean while he provides his tenant with those means of religious worship and instruction, which if they be not the consideration, are a / consequence of tithe. Thus I think I shall have J the sanction of S. N. for pronouncing, that for ' the relinquished tenth of his wheat-crop, the lessee has both a spiritual and a temporal return : * I the one consisting in the diminution of his rent ; ) the other in that pastoral care which his Landlord j has provided for him. 1 ^ - ' ' ) But repeat the case, with this mere diversity, that the tenant professes the Roman Catholic re- ligion ; and assume the amount of his contribution to his own church to be equivalent to tithe,t * " The consideration which he" (the Roman Catholic) receives, for paying his tithe, is not spiritual, but temporal."^ S. N. Miscellaneous observations, p. 23. f ^ Is not the Roman Catholic Church now, in her com- ** parative adversity, receiving as much as the establishment^ c< 105 After deducting a rent of six barrels, a tithe of two to our establishment, and an^ offering of two ' * more to his own, his residuum of the produce is not twelve, but tern What seems to fblldW ? Not merely that for his tithe he receives no spiritual consideration ; but that neither does he in fact receive any temporal return. The claims of his own clergy are to be set off against the reduction of his rent ; and he will be thus found, upon ex- amination, to pay both rent and tithe; or what, '. in the way of loss to him, is equivalent to this. For while his bargain with the landlord relieves him (by a countervailing allowance) from but a , tenth, he is contributing a fifth ; — i. e. the two tenths; of which one is paid to our church; and the other to his own. What shall we do with such a case ? For we are not to plunder the Pro- testant clergyman, because the Roman Catholic layman is aggrieved ; nor on the other hand are we to call upon this latter, to relieve himself by a mercenary recantation. We would not permit, — much less require, — that he should purchase a tenth of his produce, with the entire of his con- science. Why then do I touch a topic, the treat- '* Her bishops probably do not receive as much ; nor perhaps " her priests in the North of Ireland. But, through the rest of " the island, it is notorious, that the income of the parish *' priests, and still more of their curates, is greater than that of " the same ranks among the established clergy.*' — Dedans First Letter t ]^. 55. ■<**- O w* ~ ■ ■■ ■■>. 106 ing of which does not open a prospect of correc- tion ?* To this question I do not know that 1 am provided with a sufficient answer. I can only say, that if a matter present difficulties, it may be useful to suggest them; and thus prevent our mistaking what is complicated, for what is simple. Or if 1 have any other apology to add, it is a wish to insinuate, on behalf of my * Tracts and Topics,* that if its passages be occasionally found intricate and dubious, thi^ fault may be rather in my subject than myself. . Jn truth when I turn to this, and some other portions of that subject, certain speculative no- tions would be for starting up, if the salutary in- clemency of Lord Coke did not interpose, to check their growth, and the repressive arguments of S. N. too " forbid them to aspire." Those (I should be for saying) who assert that predial tithe is private property, or perfectly analogous to what, is so ; that it is not a price paid for the per- formance of a public duty ; but a rent issuing from all the lay land of the country, whose rendition annually acknowledges a paramount title in the church ;-^or else the interest upon a great national mortgage, not redeemable, and coeval with the * For again, we cannot expect that a Landlord should let to a Roman Catholic, because he was so, at a lower rent, than he required a Protestant to pay. Nor indeed would we wish to substitute one grievance for another. 107 origin of all territorial title; — those who assert this, seem to stand on solid legal ground : and tp al- lege nothing, which, from the bench, the judges of the land could contradict. To say that tithe is but a quid pro quo, and the right to it deter- minable on a failure of consideration, is to take a course, in which we mav have to run foul of im- propriate tithes ;* and our doctrine founder in the encounter. But what might the speculatist, who ventured to burst legal trammels, say ? Or how at least might he be disposed to moot upon the subject, if mooting be not the exclusive privilege of lawyers ? He might begin by pondering on those complications of the case, which a consi- deration of mixed and personal tithes would per- haps present ; tithes arising from stock, or upon the personal industry of mankind : for that may be pertinent to theory, which is obsolete in practice. But confining himself again to the predial demand, he might observe, that the law which is insisted on made the clergy mere ecclesiastical impropriators. That thus a consequence might arise, which scarcely admits (as has been said with truth,) of being «* enunciated without a bull." In short that the income of the shepherds might survive the * As S. N. forcibly suggests, p. 46 of his Miscellaneous Observations. It might perhaps be contended, that the natuee of a lay impropriator's title is an exception, taken out of the general rule. But this does not satisfy me. Besides, the ge- neral rule is so laid down, as to preclude an argument of thft above description. o o 108 existence of the flocks>; — the legal title of the Protestant Clergy to take tithe remain unaltered and unalterable, though the inhabitants of the country were Roman Catholics to a man :* a case which, unhappily, the less resembles an extreme one, (though such I am willing it should be called) from the ratio in which they stand to Protestants at the present day. The theory (our speculatist might thus continue) which is sanctioned by the law, might raise an insuperable obstacle, topropor- tioning the provision for the church to the spiritual wants of the nation. The wants of but one sixth of that nation might be supplied ; while the entire territory of the island contributed to support a temple, in which five sixths of its population did not worship. When tithes were established in these countries, their inhabitants were all of one religion. Of England this may be said to be the case at the present day.t It was probably expected that such would be the case in Ireland. That expectation has been disappointed ; an event which, both as a politician,t and (with my protestant feelings) as a Christian, I must lament; although I may la- ment the less, because I agree mth^thamik, that we are but diverging currents, to be traced to a * Declan's preface to the second edition of his first letter, ^ xix. Tracts and Topics, p. 90. f Assuredly, speaking in round numbers, it may be so said. X Moi disant. ■ ' 'SS7' WWi«^^-»'^V fff^"^ *_ ^ * > ^ ,^^ > • ■^^v■^^• 109 ^ common source; which are destined, in God's own time, to be united } and to flow, (as even before this confluence I trust they do,) to the depths of a mysteriously just, yet unfathoraably merciful sal- vation. V ; ■■} 'i i ' '■■■ • ':,:■- ... ' . ? >...:■ -'c '^'-^ ,r ' _ ' ■ \ '■ _ To Ireland alone the above observations, vafe rent qitantum, would apply. They may be but cavils. I almost wish they were demonstrated to be so. For assuredly, (Bi least if S. N. were the demonstrator) it woidd not be supposed that they were made unth cavUUms intentions ; but in a mere spirit of fair and unreserved disc lission. But even assigning to the above remarks, a weight to which I may perhaps hereafter dis- cover that they are not entitled, yet probably any theory which could be substituted in place of that, which S. N. with seeming voucher of the law main- tains, might teem with at once more weighty and more numerous objections. In proving that in a given course there is much to be condemnedj^ alas ! in human concerns, we do not show that it ought not to be chosen. In sublunary a£Eairs,j9a- sitive good is not to be attained : that comparative good, which results from a choice of evils, is all that is within our reach. Therefore whether I be a lawyer, or be not, can I do better than abide by law, as it stands before me in full vigour, without pushing back my in- ■■*•. ■#.. 110 . quiries to the periqds of its embryo state ? In- quiries, to which, aller all, it is Surmise that must make answer. In one of those spirited dramas, with which Plato has (under the title of dia- logues) supplied us,* the State is said to guide our views and conduct by its laws, as the writing master does his yet inexperienced scholars, by lightly tjacing lines upon the tablet, upon which their letters are to be formed and drawn. This proves two things : first, that a practice which prevailed when I was a child, prevailed above two and twenty centuries ago ;t and secondly, that I should do ill, in deviating from the line which has been prescribed me by Lord Coke. And with these two sage remarks, I abandon speculations, of which the reader can scarcely be more tired, than I am myself. * Protagoras. Lest the reader should imagine that I am shffooing cffi I beg to confess that this is the only one of Plato's dialogues^ of which I have even read a part; with the excep- tion of that account of the last moments of Socrates, which is to be found in (I believe) his Phoedo. I hope indeed that, if I live, Plato and I may become better acquainted. Perhaps we may, even though I should not live. «»«y««^#i;« Yfii^ut xttrti. riit v^iynvn rStf yp«^^r, «$ h xtu i vihii lOfuvi vir»yficipxo-»t xntik r«vr«vf ipttyttii^Ut &C. X In the time of Socrates. •S'5^J"'^»lyn'^Ti""?'''*^gJ';_Tffajfi,,i^^»*y* V;v 111 :. What I have said in my soliloquy, between pages 44 and 46 inclusive, S. N. has condescended to discuss; and has given it an answer, that is quite satisfactory and conclusive. The semMe which I have hazarded in page 45, is not one, I believe, which consistently with law can be sup- ported : viz. that the clergyman's title to tithe re- » sembles a lien-right to tax the produce, in the oc- cupant of the soil. That which was due him by the land-owner, he but takes from this land-oWner's agent, or lessee. He but follows the produce into other hands, as a lessor follows the distress which is to secure his rent. On the whole, and consider- ing what my present impressions are, I cannot but reflect with pleasure, on the way in which I shall be found to have expressed myself, in pages 44 and 47.* I am not yet as well convinced as possibly 1 shall be, of the weakness of an observation, which is to be found in page 24 of Tracts and Topics : — viz. ' that when we hear of ten shillings additional rent, for an acre discharged of the incumbrance of a fourteen penny tithe, there must be an error in so connecting this difference of price with the rector's claim, as to* prove that abolition of tithe would be increase of rent. Let us again suppose a case. A. (the landlord) has a farm of ten acres, worth * Tovrards the end of the former, and beginning of the latter. . I . I ^y^i I -I lis twenty shillings by the acre to a tenant, who might convert the entire produce to his own u^e. But it is subject to a tithe of eighteen pence an acre. Accordingly he is offered but nine pounds 'five shillings rent ; and this he agrees to take from B. The same landlord has another immediately con- tiguous farm, containing the same quantity of ground, and of precisely the same acreable value ; but tithe free. If B. propose to take this latter farm at ten pounds, I will say that he knew from the first what he was about. I will say that ex- emption from tithe may be increase of rent to that amount ; and that what, in abolishing the former, we took from the Church, we should be giving to the landlords. But if for the ten acres which are tithe free, B. should offer not ten pounds, but fifteen, I should find it difficult so to construe his proceed- ing, as to extract from it the inference above men- tioned ; viz. that a nominal abolition of tithe would be really no more than an alteration of its name ; and a transfer of it, under the title of rent, from the rector to the squire. I should ask myself why does B, pay annually five pounds fifteen, for an ex- emption from the yearly payment of the odd shil- lings ? If the rent of the tithe free acres were augmented by the amount, or any thing like the amount, of the tithe to which the neighbouring acres were subject, I could go along with the argu- ment that represents tithe as but another name for rent- But when the difference is so great as ten shillings by the acre, 1 lose sight of such reason- 113 ing ; and refer the increase to some other and unknown cause. I ask myself is it that a greater^ but fixed and liquidated rent, is preferred to a lesser but uncertain tithe; and to valuators, and the other appurtenants of this latter ?* But I do not pretend to see my way. I am but like iEneas and his Sybil guide. . x •w Jbant obscurif sold sub nocUt per umbram. And why should I take up so much of my rea- der's time, for the purpose of telling him, afler all, that I am in the dark ?t Be the matters too, through which I have been groping, as they may, — for example, if valuators and tithe contractors be a grievance,— if small tillage farmers be, — as I fear they are — oppressed,! * Yet see S. N. upon this subject, Misc. Obs. p. 26. — His obserTations are highly pertinent and material. f There is at all events an extent to which the argument of S. N. (founded on the higher rent that tithe free land brings) will undoubtedly apply ; and he observes that this is all which he uses it to prove. His words are these, " All I assert is, that the Irish tenantry give less for l^nd that pays tithe, than for that which is tithe-free ; and that the difference is much more than adequate to the charge actually made against them for tithe ; and that therefore, if they knew their real interest, they would not ask for an abolition of tithes." — Miscell. Observ. p. 30. ; . . X The reader will perceive, that I do not pretend to say who 114, and if the Roman Catholic peasant more especially feel the pressure, yet for these evils a powerful and safe corrective may have been devised, — one not drawn from speculations, nor interfering with vested rights; but to be found in the tithe- leasing and tithe-composition acts : and if these measures have been less remedial than they were calculated to be, I learn from the very persuasive authority of S. N. what I must say I should have anticipated, and very promptly believed, that their ill success is not to be imputed to the Church ; but on the contrary throws a light upon the subject, highly favourable to their cause. To the principle of the tithe composition bill I profess myself very partial; and though it may be susceptible of, and require amendment, it seems to me to have originated in a deep and diligent, a penetrating and mature consideration, of subjects extremely complicated, intricate, and obscure ; and which it has treated delicately, dexterously, and circum- spectly. That Bill relieves the distress of the Irish peasant, by diffusing the tithe liability over a have been their oppressors. This is more than my h'mited in- formation would allow me to determine. Nay events, not per- sons, may have been the causes of this oppression. That it exists S. N. admits. — Inquiry, p. IS, and Miscel. Observ.p. 21. In pages 27 and 28, while he does me the honour of noticing a statement which I had made, S. N. may be thought to throw some light upon the question, whence the oppression comes. — See also p. 40, 41. '^^!yS>i!r>';^#?7' ">" . . . V'''V;7-."^".fv'5'<-'y<'«''>vlvf .-■'... • ,^'» i»?r^^ ■ -. ■:: .*115 wider surface; while it leaves the amount of the demand no greater than it was before. And such withal is the nature and character of this diffusion, that the stagnant weight which it withdraws from penury, it distributes over means that are better able to sustain it. If the tenant does not pay the tithe, this pay- ment cannot be injurious to him. But if this be so, let me in passing ask, what need had he of those corrective benefits, which the Tithe Composition Bill conferred, — unless we admit the principle, that the distress which originated in his relation of tenant, should be removed in his capacity of parishioner, if consistently with the interests of the church this could be done? Again, though we. assume the tenant, as things stand, to pay the tithe, yet if whatever was taken from the tithe would be added to his rent, he can have no in- terest in the reduction of the former. S. N. thinks, that in his bargain, the Irish tenant guards against the tithe ; and he gives examples of his shrewdness.* He certainly is a somewhat anomalous composition. His mind's eye is as mi- croscopic, with regard to the points which touch his interest, and are immediately around himj — as it is incomprehensive of the spacious field of more cultivated reason. With htm, Experience me- * Page45. :45 ^ - . ■■■ ■■■ ■ ■ ■ -• :;'^;^o- ■- ■ ••.•■-.• t ■:.-'■ ■■■■■ • - :-i--: - .■ .x- 116 chanically discharges many of the i1ltellectua^func- tions \ and he is withal inspired with a sort of in- ^-i:y, ;>?,«-.. "-■••.= i.-.-.K*" < . -2 "5 fi% --.■ T.-.r^-yK'- -.■. n ^■< w 'i ■ J, t ; ■:^'?ri.,T5;.s«'i?g-.>3"«^3? %:Syii 118 judging world, that it might go but little, if any way to dembnstrate this. But at least it would seem to show that we could not argue from the assumption, that what arose from mere prejudice was the deliberate consequence of reflection. If the Irish tenant were sharp enough to deduct from the rent of ground tithe-subject, what would countervailingly protect him from this tithe, would he not be acute enough to decline paying for the land that was tithe-free, a greater increase of rent than was equal to the value of this exemp- tion? But it is said, that in consenting to pay this ^ seemingly disproportionate advance, he is taking into account, not merely the thirtieth that is, but the tenth that miffht be, demanded by the Church. Now, would not this be an ill speculation for any man to act on ? Would it not be incurring a certain loss, on the chance of a reimbursement, possible perhaps, but as improbable as past expe- rience could make it ? At ail events, is not this exactly the sort of speculation, on which an Irish peasant would not act ? Allow me here to say, that I never meant to intimate, that the obligations which a clergyman is under to the Public, or his liability to deprivation for not performing these, made the payments m which he called for, more burtbensome than they otherwise would be.* I was moulding this state of things to an argumentative purpose of a dif- ferent kind. I had the sanction of S. N. for hoi- ding, that "tithe is received by the clergy, on condition of the performance of certain duties."t In attempting to build upon the possition, that their title was originally distingui^ed from that of private proprietors, by the public duties to which clerical proprietorship was appended, I seem to have been led too far ; and to have eift- ^ croached upon certain grounds and principles of law, on which the established clergy have a right to make a stand. Yet let it be remembered, that iK^hat I constructed was not a doctrine ; but a doubt. A doubt which though it might want a legal, had a seemingly reasonable foundation (or at least excuse,) in the wretchedness of our popula- tion ; in the so violent and so widely diffused t dislike of tithes ; in the reality of annoyance which some of their appurtenants might pro- duce ; § in the state of our national religions, and the anomalous effects of such a state ; in much, in short, that is connected with this com- plicated subject ; and which it cannot be neces- sary that I should here repeat ♦S.N. p. 55. t Ibid. p. 45. t Yet perhaps unfairly and cuningly excited ; and founded on misrepresentation. f Tithe farmers, valuators, &c. &c. -r-.; ^: ^^M- ^'S ISO I know not only that the candour of S. N. will tak^ in good part what I am about to add, but that he will give me credit for perfect sincerity, in saying th^t (allowing for the inherent fallibility of our nature) 1 believe him throughout consistent ; and that if in any rare instance he seems the contrary, he does but seem so, and probably but to me. Accordingly, if he favour his readers with any further discussion, on the important subject which he has been treating, he probably will, with the kindness and condescension which he has shown already, correct whatever error and misapprehen- sion I may have fallen into. I find then — something like incongruity be*> tween the passage which I have just extracted^ and one in page 51, where it is asked <*if the right to tithe had any connexion with a stipula^ tion to pay a price in return for the grant ?" and one again, to be found in page 55, where it is said that ** the Protestant clergy are neither paid ** by the Roman Catholics, nor by the Laity of " their own persuasion." The case of impropriate tithes unquestionably goes to sustain the two last positions which I have extracted; but seems to conflict with that one which preceded them, in which tithe is said to be " received by the clergy, on condition of the performance of certain duties." * IP I ■ ■ I II — ■ i III. " ■!.■ — . ) <■■-. — I fc» ■ ■■ II I I ■ ■ -^■. ^mM til »•■: ■ —--■•. ■ ■■■ ... .- ... r-v>::v-.:,y<,:.:r.> :...;...■ ^. ,."■■■ ^>fc^,-v the landlord : but that still the purse of the ^idi' husbandman should be drained; and evm mmt completely drained, than it was before. c t'ihr : If S.N. establish his first proposition, (from the truth of which, that of the second cannot be severed,) we have no right to call upon him to go further. But it well became him to protest against the conclusion, that the Clergy, in ass^r- ting a legal right, were perpetrating a public cru- elty and nuisance^ and while they kept a foot on the prostrate peasant's neck, were merely demon- strating that such uncharitable rigour was ** their charter." He had a right to argue, and if within his power, to show, that the tithe owner, by in- sisting strenuously on his right, was so far from obstructing the relief of the peasantry of this country, that he was resisting an innovation, which had not even the poor merit of being nuga- tory ; but which, on the contrary, would aggra- vate the evil which it professed to cure. Upon the speculations which constitute this part of S. N's. argument, I do not pretend to form a definitive opinion. They relate to facts which may be controverted, and inferences which may be disputed. Above all, they are conver- sant about what is contingent; about what might, if a certain course were taken, be here- after ; and therefore they must be more or less conjectural in their nature. But, as I have alrea- .,.v A;. K"-?? 'V , K * ■. , » 126 dy^ granted, they aifi not necessary to S. N*s. pur- pose, unless his first proposition be encountered with success* They are merely meant to sbow^ that rights, of which he is asserting the theory, will not be rigorous in practice. To return (a miserable falling off) to myself. In my inquisitive progress, — or rather regress, — to the source of those titles which I. was. investi- gating, I addressed myself to certain Oracles of our law 'y whose responses sent me back to modern times ; and, as to a proprietary right in tithe, vouched the theories of S. N. Nor did the States- man differ from the Lawyer. On the contrary, I found the doctrines of Lord Coke nearly echoed by Mr. Burke. Nay, when this latter perceived me qualmish, from a rising doubt, whether the rules by which the property of the church is governed now, did not swerve from those principles in which its claims might be supposed to have origi- nated, he calmed my scruples by an assurance that this was not the case : that Jieri debuerat quod hodie factum valet: that what the Law had done, a wise and Christian Statesman woul^, a priori^ aim to do. Under such circumstances, and prescribed to by such Authorities, viJiat can I more, but decently retire,* * Swift. ,*■-:■ and surrender such discussions into abler hands? But I am committing the opposite to that fault which Horace once condemned.* The urceus has swollen to an amphora, under my enlarging hands. Let me at least recollect that the last word of the classic line is exit. In a word then, I meant to be concise : I fear I have been prolix : but I have done. • De arte poet. 1. 22. t ':-i >'rn ' ;;^ri^.':;<;; NOTES. Note A. The present crisis has produced, not only what a reader may slumber over ; but nnich that will keep him, to good and plea- sant purposes, awake. Some of these productions are con- sidered by E. Barton as gamples of excellent writing. But he. may be partial in his judgment of publications, in some of which he has been treated with uncommon kindness. Quaere indeed whether there be any^ which have not, upon the whole, treated him with more consideration, than his hasty tracts, and very moderate ability deserved? Note B. The Author of * Observations occasioned by tlie letter of J. K. L/ is entitled to the greater praise for' liberality, because E. B. had given him ofienoe. Unintentionally, it is true ; but by means of very incautiouls and slovenly expression^ He saw, for a moment, the construction to Which the passage led ; and was very near being fortunate enough to have it corrected while at press. He now can only say,^r£/, that he did not mean to apply the term " Bigot" individually to the Author of the Observations ; nor secondly^ to use it in its most reproach- ful sense. Tliat it has a milder signification, may be seen from, a letter of Mr. Gray; who applies this epithet to Madame ■^K'- ;i 130 " - ■ i de Maintenon, while he is making highly faYOurable mention of her. By the way (and a little out of the way) in entertaining and expressing a grateful sense of kindhess, I am following neither the fashion of the day, nor the particular examples which have been set me. In three instances, — in two of which I had sown kindness, — and courtesy in the third, — I cannot boast of having reaped any thing mure palatable than sheer neglect. I guess who was the ,♦ and who was the abettor, that in each case interfered with the crop, not above board, but under ground. As for the negligents, they are pri- vate individuals, or very nearly so. Note C. * Observations occasioned by the letter of J. K. L.' second edition, pages 32 and 34>. — ' Miscellaneous Observations by S. N.' pages 17, 18, 35, 39, 51, 52, 57. — I agree with the au- thor of the former Tract, (p. 34) that he who labours — or ex- pects—to please every one, is as half witted as the traveller who carried his own ass ; and likely to rival not only the good- nature of that wiseacre, but his success. To obtain the praise of one critic (so various are men's judgments) is generally to secure the disapprobation of another. The Author of the * Complete Exposure,* — whom I now perhaps may call E. Barton's unknown friend, — bestows high commendation on his first production :t and contrasts its merits with the subsequent supposed falling off which he laments. On the contrary the writer who smiles so pleasantly over this essayists partialities to a clair de lune, declares (indiscriminately) that " in the various " tracts, of which he has been of late prolific, one knows not " whether more to admire the genius, or lament the want of ♦'judgment, by which they are almost equally distinguished." * The first letter of this word is blotted. But it must be T ; for H. I, £. F. are the other four. \ Recent Scenes. 151 .;~:-'r:>t' ',■■;" £. B/s self-knowledge compels him to disclaim the genius' which is thus attributed; while self-love leads him to deny the want of judgment which is imputed. To do so on his own authority, might be to produce an incompetent witness in his defence. But may he not deny it, on the unquestionably high authority of S. N. ? Is that man utterly destitute of judgment, and exhibiting to public compassion the mere picturesque ruins of " a mind o'erthrown,** — whom S. N. describes as showing himself " eminently qualified to search for truth;** and of whom in various other passages he has made such kind and honorable mention; conferring an obligation which, I trust, E. B. is inca- pable of forgetting? Surely, after every fair allowance for the kindly exaggerations of Good Nature and Good Breeding, there will remain abundantly enough in these testimonials of S. N., to rescue their object from the imputation of being ut- terly consiU expers. Note D. < The Bear of Bradwardine ; who made his — rather rough than hostile — appearance in the pages of Declan's preface to the ' second edition of his first letter ; into which, however, the aforesaid Bruen would not have made his entry, if their author had but known that E. Barton had as little to say to the writing, as to the producing of the state of Ireland ; and therefore did not, on this ground, require a licking. Declan says of " Tracts and Topics," that he feels it " not to be a great performance." In this feeliug E. B. most fully and unaffectedly agrees. But D. proceeds to call it " a great effort." 1 doubt whether this description be as just, as it is kind. It required neither effort, time, nor power, merely to ** submit questions, and insinuate doubts ;" and it is at once the fault and the apology of' Tracts and Topics,' that this is what that pamphlet meant and pro- fessed to do. — See its motto and its preface. Declan, whom I hope I miy call the friend, and who manifestly is not the enemy of E. Barton, — represents this latter as *' saying of him- self, that his ultimate opinion will be a sound and strong one ;"^ , .!•■.-.'»«■ la^ A: and adverts most kindly to a recent tract, in auppwt and vout cher of such an-expectation> On this I have to suggest, that £. B. onlyjputs the matter hypothetioally ; and admits the by* pothesis to be one, which Amour Propre had inspired. His words are these. *' If 1 be capable of ultim^ately forming a *' sound and strong opinipinj (aqd selfrlova indulges a conjecture that the case is so,) yet," &c. Secondly I wquld observe, that if we were to assume that £. Barton is Harg. 0'BrieA,-^-and to concur in Declan's favourable opinion of the <* I^eflectiona on the Lieutenancy of the Marquess Wellesley,''^t must seem that those intellectual ruins, which, by *< the glimpses of the moon," E. Barton's pages had disclosed, — forming a Per- sepolis over which one of their critics almost wept,* tliat tl^^se« I say, had undergone a speedy and complete repair. " Note E, By the way, E. Barton's publications seem, in more in^ stances than one, to have procured him the reputation of con- nexions, which he cannot boast of. Soon after the appearance of Recent Scenesy he received a letter, in which the following passage was contained : ** You have defended your Jriend Flunket con amore, and with complete effect." Now E. B. can barely claim to be the acquaintance, and has no groiiDd for pretending to be the intimate of Mr. Plunket. At most they are but what I have heard called intimate strangers ; whose meetings are rare and accidental, without any endeavour ta make them more certain or more frequent ; but who, with an innocent simulation of familiarity, shake hands and smile, when these non quater anno interviews occur. For twenty years E. B. has not been within Mr. Plunket's doors ; nor is likely to be so for his life, though he should have the misfor- tune of living twenty yea;rs more. He even doubts whether. * Observations occasioned \fy the. letter oC J, K. L. second edition. - - ' ■ , y 133 for the by -gone score, he is indebted to that learned and tAam quent gentleman for so much as a frank. Indeed two or three intimacies of Mr. P.'s, — if not too congruous or compatible amongst themselves, seem however insuperable bars to his seeking one with E. B. ; who on the other hand has been always " too proud to importune" for this, or any other the like boon. The only application which he perhaps ever made, (and it was not of a personal or private nature,) terminated two years ago, in an altogether lame and impotent conclusion ; on which any thing might be founded, rather than an inference that his opinions had weight with Mr. P. He felt sorry for a failure, which has, as he conceives, engendered mischief since. Thus any support which E. B. may subsequently have given to Mr. P. (if indeed he can be considered to have ren- dered any) has not been given ** with forward, or reverted eyes," of gratitude, or expectation ; or under any of the cordiat influences, which kind and familiar intercourse inspires. £. 6. thought him (and the opinion is unchanged) an able and well- intentioned public man ; against whom a party cry was loudly and unjustly raised. His case connected itself with the topics which were treated of in Recent Scenes ; and their author ac- cordingly and impartially entered on his defence, with a zeal, less indulged on behalf of Mr. Pluakett, than of Truth. Whetbfir the latter will requite Iiim, She and Time may tell. As lot Mr. P. — rwho is. somewhat timid, and somewhat friendr* pecked, (if I may coin a word) he dare not, if he wmldt make that return, — which c(Hi8ists in a cultivating manifestation of cordial liking and esteem; and which a proud mind is so &r from being called: on to reject, that it must o« the ephich, he dwelt upon the quantity of fine linen which its neighbourhood could supply ; upon the saintly character of Erin ; the celestial nature of its ancient crown ;* and the harps which formed the primitive music of our coun- try. — E. Barton, Apologetic Postscript , p. 57, puhiished in 1823. Archbishop Magee would not at this moment have been throwing six millions' of people into convulsions, with an an- tithesis. — CR.p. 13. I think our Metropolitan fell into a mistake ; that Antithesis was the guide, by whose allurements he was misled; and that he wandered into assertions not warranted by the truth ; and too well calculated to wound, in almost the tenderest point, those with whom we ought to be in cordial charity. — £. Barton, Recent Scenes, p. S2, published early in 1823. O sanctas gentes, quibus hsec nascuntur in hortis Numina! — C. R. p. 18, E. B, Miracles, p. 79, * It was of the kind which heralds term celestial. @. 136 C7> ep ETCiy new governor is provided with a secretary to differ with him for the tone being ; and both receive their instruc- tions from a cabinet^ not one member of which agrees with BAotber.-^C. R. p. 33. The first parallel which I shall give to the above, is from Harg. O'Brien ; the second from E. Barton. To a Viceroy his Chief Secretary is made a counterpoise. Earl Talbot, Mr. Grant ; Lord Wellesley, Mr. Goulburn. I do not see the wisdom of malcing a Lord Lieutenant and hisr Secretary represent the divisions of the Cabinet, rather than the energies of the State. — Lieutenancy rf the Marquess Weh lesleyt p. 17. Great as Lord Wellesley 's intellect may be, how shall its pow«is8 avail us, if it be not they in fact which regulate and comnaDd ? If he be not seconded, and sustained ? If, on the contrary, he be impeded and controlled ? ♦ •» * When the mists of this but morning of our new administration have cleared away, I trust we shall perceive the members of our government, not crossing each others*^ paths ; &c. &c, — E. B. Recent Scenes, p. 189, 1'90, 191. When Love could teach a monarch to be wise, And Crospel light first dawned from. BuHto's eyes. E. B: SoHioquy, p, V2\. C. R.p. 37. If Pope had been born a Munster Papist, instead of a Lon- don one, he would have been voted an irreclaimable brute.— C. R. p. 121. The Roman Catholics, when taxed with besotted ignorance, as inherent in their fiuth, presume to take credit for the pages of Dryden and of Pope ; a couple of Papists, of whom the Pro- testant reader may possibly have heard. For Pope, as seemed to suit his name, was Popish. — E, Bk Seliloqui^, p* 1^. m- WYxfy^^^l :-ti:^ ''■:■■- : '"^S ■_ ^'.':::-'^^'■ '■fS^K'.■t ■': 137 '-i*^ The penal code (said Burke) " was a machine of wise and elaborate contrivance ; and as well fitted for the oppression, impoverishment, and degradation of a people, and the debase- ment, in them, of human nature itself, as ever proceeded from ,the perverted ingenuity of man." — E. B. Soliloquy^ p. 102. C.R. 122. These exclusionists would turn the law to a dead or dormant letter. They would strangle in their birth, those privileges which have been given to Roman Catholics by the Constitution ; and pervert its boons to tantalizing disappointments. They push their fellow subjects from the very stools on which the Law would let them sit. These bigots, if the penal code were in full vigour, would resist the most qualified relaxation of its theory ; the slightest mitigation of its practical effects. — Lieu- fenanci/ of Marquess WeUesley, p 86, 87.* Let us keep some of our execrations for those persons, (they are neither obscure nor few) who at this moment sigh after the good old penal times ; and try to infuse into every remaining fragment of that polypus of persecution, the same pestilent life that pervaded the whole. — C.R. p. 123. May I not hope, that, like our namesakes the Romans^ we shall be hailed throughout all time, Romanos, rerum dominos ' — C.R.p, 129. Horace too, who though not a Catholic, was a Roman, found himself in a similar predicament.— £. B. Soliloquy, p. 119. * I am continuing, against the Captain, the barbarous practice of Mezen- tius : rAortua quin etiam, ^eet. 1 am now bringing him into contact with the still -bom, or as some will have it, the birth-strangled offspring of Harg. O'Brien. Edward the Fifth and his brother were smothered with pillows in the tower. TTiese brethren (the English and the Irish one) are not ru- moured to have been cushioned there. ^ . y- o ' 138 ' Nor could all the pains taken by the government in 1745, and on other occasions, to persuade the Captain's father and his family (here standing for the Roman Catholic lower orders of Ireland) that they were notorious rebels, produce any overt act that at all resembled such a propensity. — C R.p. 139. Are those pains wisely taken, of which the object seenls to be, to convince and satisfy the Roman Catholics of Ireland, that they are neither more nor less than permanent and incor- rigible traitors ?—E. B. Recent Scenes^ p. 9. The tenths paid to the Levites are a ceremonial* of the Jew- ish Law, which, together with its other ceremonials, was set aside by the Gospel. — C. R.p.\9l» Christians do not live under the law of Moses ; and thereforo cannot well cite as authority, an item o^ its provisions. — E. B. Soliloquy^ p. 53. The grant has been made, and a right thereby instituted, which, whatever may be the consequences, mat ccelum, cannot be recalled. — C. R. p. 205. The clergy will never so address the State ; nor cite a senti- ment which ends so ominously, as with ruat ccelum. ^E. B. So- liloquy ^ p. 67. E. Barton and Captain Rock both appear to have been ac- quainted with Astolpho. He makes his appearance ia the Rhapsody, p. 80, and'the Memoirs, p. 206. Not meaning, I presume, that such names as Fenelon and Sir Thomas More are to be erased altogether from the page of Christianity. — C. R. p. 256. ■ ' — :j^- * A ceremonial ! '^''S . '■-'■fc. ■ ■ ^^vp'l'-^f^'^^fv^? , y^'^'^'^'i ^Wyff^^':y I scruple to concur in considering Massillon and Fenelon, Bourdaloue and Bossuet, as a little college of Satanic agents; V/ go many legates sent from the abyss, to propagate infernal faith upon the earth. — E. B. Apolegetic Postscript , p. 52. Those were also the days of that papist Sir Thomas More ; ^I'^ whose Bigotry doomed, for religious opinions, a man of distin- guished eminence and probity to the block; and, though he \ /* had the power to do so, refused to spare him. It may however be urged, in extenuation of such rigour, that the person to ^I whom he was so inexorable, was — himself. — E. B, Soliloquy ^ p, 121. \ V-^h-i The present Archbishop of Dublin pronounces the Roman ' > ,■ Catholic Church of Ireland to be a Church without a religion. When this Church without a religion shall have left the Pro- /> testants a Church without a laity, &cet. — C. R. p. ^36. v :♦ ? The doctrine, that the right to tithe has nothing public in its complexion, but is of a mere and purely private nature, if ; ^ '^ pushed to the extreme of inference which it supplies, might be found to demonstrate the practical bull, that the title of our clergy would remain, unaltered and unalterable, though the .> inhabitants of the country were Roman Catholic to a man. — . 'f'r % E. B, Soliloquy, p. 90. ^ * Tithes are entangled in objections, derived from the pecu- liar situation (in point of religion and in other particulars,) of this country. In England the case is different. — E» B. SolUo' ^ quy,p.6, 67,82, S3. - ■ '■■). Obnoxious as tithes may be in England, there are manifest reasons why they should in Ireland be a more odious inflic- tion.— C. /?.;;. 300. Placed between two churches, the poor peasant is made tri- butary to both ; and starves between them. — C. R.p» 303. 140 In addition to tithe, the Roman Catholic peasant is also liable in conscience, to his own priest's dues; which makes his bur- den the heavier and more severe; and the numbers of the Roman Catholics show how extensively operative this severity may be. The individual too will be the more sensible to the pressure, be- cause the return which he has for one payment serves to re- mind him, that for thd other he has none. — E. B, Soliloquy^ p. 22. Land tithe- free is said, by Lord Maryborough, to let for ten shillings more by the acre, than land of equal quality, subject to an acreable tithe of fourteen pence. This fact, used by those who state it, for a different purpose, seems to me to show how odious to the Irish peasantry the tithe demand must be. — E. B. Soliloquy^ p. 24. This sample alone (viz. the above fact) though quoted by Lord Maryborough for a very different purpose, speaks vo- lumes as to the feeling of repugnance, with which tithe de- p. 315. mand is regarded. — C. R The concessions of 1793 had awakened a feeling of loyalty in the Roman Catholic body, which the fair republican theo- ries, then adopted toith such enthusiasm by the Protestants and Presbyterians of the North, could not weaken or disturb. — C. R. p. 330. ■ . Our annalist slurs over the date of those smaller societies, which were speedily swallowed up in that of the United Irish- men ; and glides as lightly past the Protestant and Northern original which they boa$t. Is it his business to suggest, that amongst Presbyterians, not Papists, the principles of republi- canism found their earliest Irish nest?— £. B. Recent Scenes, p, 6. ' ' 1 The freedom of Corporations is one of those rights, which the statute of 1793 restored to the Catholics; but which the spirit of Orangeism frustrates, and almost wholly nullifies. C R. p> 338y A mortification (to the Roman Catholics) rendered nothing the less irksome, from their finding that what Legislative Li- berality had freely given. Orange Prejudice could obstinately and inexorably withhold. This refusal iofringed, (if frustra- tion be infringement) a law of about thirty years standing.* — E. B. Recent Scenes, p. 11. - Out of this aggression, naturally rose that association of the lower orders, called Defenders — C. R. p. 354-. As to the origin of Orange Associations, I am old enough to remember that this was a more than disputable point ; and the very title of their adversaries, the DefenderSy might throw some light upon the question. — E. B, Recent Scenes^ p. 7. If I undertook to compare the Captain with himself, for the purpose of putting his consistency to the test, I migbt perhaps collate, — on the subject of Swift's pretensions, — pages 123 and 132 (Note:) on that of a free and general perusal of the Scrip- tures, pages 187 (Note) and 253; and witii regard to tithe of agistment, pages 152, 303, 304-, and 319. But my only re- maining business with his Memoirs is to object to the parallel which has been drawn (page 369,) between him at Port Jack- son, and Napoleon at St. Helena. As the Captain is said to have taken his departure, I may venture to insinuate that he makes rather too high pretensions, when he places himself de niveau with the once Imperial Exile. I recollect that when, shortly after the death of this latter, some ungenerously con- temptuous language was applied to his memory at the India * Th^s brings us Ira^k to 1793 : Recent Scenes h&ving been published in 1823. ,.■■■ ; . ~-iA s:j^'\"-v^: 142 ' House, (but ill received by all who heard it,) the circumstance gave rise to the following unstudied lines ; which contain some sentiments, that may perhaps deserve to be picked out of the bad French, and indifferent English, into which they have fallen.* II est mort ; et Ton ose parler avec mepris, D'un grand homme, dont naguere L'Europe a fremi. Soupire qui a du coeur, au cercueil d'un heros : Qui veut fouler ses cendres, est m6chant, poltron, et s6t : De son vivant je I'ai brave; vous I'avez craint : Mort, vous I'insultez ; et moi — je le plains. His soul-throe past, and mortal anguish o'er, Freed from affront. Napoleon is no more. His drooping train, now ready to depart. Crave, with a loyal tear, their Emperor's heart. But who shall covet thine, ungenerous ? Or coveting, where find it ? — heartless ! Note G. 2. Musick hath charms to soothe the savage breast ; To soften Rockst Sfc. Mourning Bride. Bottom. The raging rocks, with shivering shocks, &c. Mids. N. Dream. * The lines, in both languages, are the production of E. Barton's vert/ good friend A. Trd>on ; who, being a rather fanciful genealogist, traces his pedigree to the Doctut Trebanius of classic times ; whose descendant, in Italy's more modern day, would be H Dottore Trebonio ; but when the family settled in France, the name may have been frenchified to Trebon. For the rest, it will be recollected, that Napoleon's surviving Court did apply 'or permission to carry his heart with them to Europe. 143 Though castles topple on their warders' heads. Macbeth. Sight so deform what heart of stone could long Dry-eyed behold ! ^^t^.^^,. . ,^* Milton. (If an Irishman talked of a di7<«ie7Q4]'>^^t>^!0:^ The Air, a chartered libertine, ^c'r^'^^t^^'jISaAKSPEARB. Though you untie the winds, and let them fight Against the churches. Macbeth.'.. So the loud torrent, and the whirlwind's roar, But bind him to his native mountains more. Traveller. Struem ingentetn lignorum succendunt ; ardentiaque saxa aceto putrefaciunt. Ita torridam incendio rupem Jerro pandunt. — Liv. LiB.xxi.c. 37. Where Hannibal got the vinegar, may be a question. Gul • liver assures us, on supernatural* authority, that he had not a drop of it in his camp. Note H. 1. - Pages 28, 29. OmaTf Maro, AmoTy Roma, Armoy Itamo, Oram, Mora. MilneVf MetUn, Limner. Note H. 2. Page 100. If the humbler farming classes be distressed, (and that they have been so must be conceded,) then, though we should assume * or subternatural. ■. < •■ . 144 ' that for this distress, their landlords were in some degree to blame, yet if— while on the one hand, relief as against these landlords were impracticable, some modification of the tithe- system would permanently alleviate their sufferings, and might be accomplished without violating the rights of the Church, or the principles of the Constitution, — if all this were so, S. N. would agree with me, that such a modification ought promptly to take place ; though in making the change, we should be regu- lating the claims of the innocent, in o^der to correct evils for which others were to blame. But unless, — when improved to whatever perfection it may be susceptible of, — the tithe-com- position act would constitute this corrective, I know not where it can be found. It is to me an algebraic x ; and I cannot work the equation which will tell me what it stands for. Note I. An occurrence, somewhat connected with one of the notes to * Tracts and Topics,* appears to me to furnish something very like matter for apology : I will not say Jrom whom ; but to E. Barton. Note K. Of which he died, not very long after the plunder of his house was quite completed. I hope the disease is not here- ditary ; for it is a lingering, tiresome, and discreditable one ; not knowing how to do its business in a spirited or off-hand way. Yet one ^ould think it was in fashion; for I suspect it is much more common than is usually supposed. At least it is certainly the fashion to inflict it ; and occasionally inspect the waning victim, as Roman Epicurism did the — not fading, but — beautifully shifting colours of an expiring fish. Yet of those whose breath and conduct wither that, which exhaled sweets of kind cordiality to them, it may not be too much to say that they are wrong. Their advisers ! " Let me not think of that," said one, who ought to have followed his own counsel. But I am getting too pathetfc on behalf of an ancestor who died .v; •- ■^■,^-^i 145 nearly fifty years ago, and for whose death I believe t con-^ soled myself at the time ; for to it I was indebted for my first mourning suit.— Yet I loved him afler a childish fashion ; and remember to this moment his breakfasts of watered-toast and ground-ivy tea ; share of the former of which I purchased, by swallowing some mouthfuls of the latter. But it seems as if ground ivy (whatever it may have been good for) could not cure a broken heart. He died ; leavmg his children not even nominally rich in any thing but blood ; and what the worth of genuSf nisi cum re— is, we know. In truth its value, under any circumstances, is but imaginary ; or ^;9ett/7ref. Epilogue. *■:■'' V ,*•> J V, '• r-:?" .•^-'••'.•^ ^<^.^^_ EPILOGUE The foregoing pages will be read by very few ; approved by fewer still ; and found fault with by great numbers. I forget myself. Not so : but those misapprehend, who suppose that none will censure, until they shall have read. But on what number of Fautores may I reckon? I could not, without being over sanguine, calculate On more than half a dozen. — *' I see: you expect that about six persons will commend the work." — Pardon me, gentle reader, I said no' such thing. Of the twice two or three by whom my pages are approved, the majority will probably dissemble their approbation. In foct it were a courage too romantic, to avow it in the case of one so little in fashion as E. Barton. Again, consider to whom the writings, under this signature, have been ascribed. To one on whom for a series of years, ■ -^— has been looking, with an aversion which he never gave himself the trouble of con- cealing ; and which is the more likely to continue, if not en- crease, because in its origin it was wholly gratuitous and un- provoked; the creature of prejudice, and of that hebenon to which he bent his ear. Where is the hardihood that would bestow a praise, which might interfere with these dislikes ? — Such bold candour may universally pervade the Bench and Bar : but beyond these learned and independent bodies, will be found to be somewhat rare.— Shall we fly to the opposite ■>» 148 ii- pole, and hope for favour from Captain Rock ? Nay, he is ignorant of my very existence ; and I hope will continue so. Shall we stop half way, with the Catholic Association, which may be called our equalizing circle, or equator? I naturally shrink from every thing like party praise : and therefore have not felt dissatisBed at finding myself, from the outset, received by them, like the memory, which is toasted in deep and so- lemn silence. Besides, they seem to me to have turned into a road which may lead to the Rock country : and diverge as widely from the political course which I pursue. Ite Capel- LJG : we part at these cross roads : I wish you a better jour- ney than you seem to me to have entered on ; and retain all my friendly dispositions to that Body, whose interests you ap- pear to me to misconduct. I have already noticed the country to which your progress points ; and fear it is silice tit nuda you will leave K\\e spem gregist with which you are— or profe&s to be— entrusted.* Shall wc cross the channel, in quest of favour and sup- port.? Mr. r- — — - ! That gentleman and I had, each, once the honour of being presented to the other ; and " '*' If not our ruling, at least our influential Powers, much require to be htld;n check. And they would be so, by strong cojutitutional opposition. Eut the opposition, which assumes a radical or seditious air, does but strengthen tlie hands which are too strong already. It throws a lustre on ultra measures, which coi/ld not issue from themselves ; and seemingly iden- tifies with tlie constitution, those whose arrogance, and rashness, and domi- neering principles undermine it. I begin strongly to conjecture, that some of our Agitators know this well ; and pursue the line they do, in order to be unsuccessful. I mean, in order not to obtain the success which ihej profess to aim at. Perhaps these may have another, and very different end, for the at- tainment of which, their means are not ill-chosen. But if so, ought not those wlio /lave realltf those objects, which certain Agitators but jrrofess to have, — ought they not, J say, to take care how they eommit their interests to such hands ? .■J,%^<:- i> i& 149 thttnks to the kkndneM of his buUlitttfoki, a(h aei|tiahitahee» »which might be called floufkhkig, enstied. It afterwitrds how- ever withered : and as thifi arMe fVetn his neglect, dbt mine, I cannet malce any efforts to rienew its bloom. Nor is it likely that he will offer me the newly discovered insult of amicably : stretching; forth his hand. If he were to do so, I do not know that I should reject it. But certainly, and at all events, I would do no more.—" Well, what say you to — ^— — — ? Satis esse EQUiTEi>r tihi jiauderey no dotibt." I take him to be an intelligent and upright man; and on the favourable opi- nions of such, I set high value. But omareme (in the idiom of Cicero) is not amongsJt his equit'tible plans. An occasion offered, for- putting this to the test ; and he, and a common (or rather uncommon and excellent) friend of ours, are both aware what the results have been. But we are forgetting Mr. ... . ; whom some consider as one of the fixed Caryatides of Church and State ; while I call him a sort of Rational State Packet, continually plying between Dublin Castle and St. Stephens ; and properly no more stationary in either place, than a pendulum is at the extremities of the curve through which it oscillates. But be this as it may, and the conse- quences what thei/ may, he received, in some time after his arrival here^ from his friend the Surveyor-General, a laboured carte du pays. On this (at the apartments of Cellar-ius) a cabinet gossip was then held ; and it was settled what ought to be cultivated, and what not« In this Doton-putting terrier, my poor tenement and climate are thus described. *' Atmos- " phere variable ; with gusts, sometimes violent, but oftener ^Might: dwelling solitary, ill-constructed, and infirm ; situate '* too near a mass of over-hanging Rocks ; which this vain spe- " culator is always recommending that we should rather cul- " ti?ate, than blast : his own soil a sour, inert, and irreclaimr *' able more-ass." iy Such being the celebrity, of which E. Barton has a chance. ^1 ■•v V- ^^? K f 1. 1 rv. 7 *- whiU better, in these circumstance^) could be. dA? E. BARTON. t « v.. ,, -T ■%: li .♦A'i B« ' .' ?• it :A:j":" 1^ m n • '* ■k. \ •i.». \ _i,. /■ .^».' [■■'■f/.f---- "^♦^34 i.>5^;^ , isi^Y , ? Danier. F^^H/ . ed. 941.5 Barton, Edward.— ^ (ITfc^ -• /> ^^^ B281 Letters from literary characters to B, Barton, edited "by F. 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