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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.
■*■
34
rantably dwell— on the semper eadem character of
that religion ? * Does he not impliedl^r contrast,
with a sectarian " Cynthia of the minute," the
immutability of doctrines, which their harmo-
nious advocate has called " immortal and unchang-
ed ?" But though my error may have been ex-
cusable, it was one. I admit that at least the
practice of the Roman Catholic Church may be
so susceptible of improvement, as to have latterly
shaken off abuses which hung about it in the days
of Wolsey ; and that the censure which it might
have provoked in one age, would be unmerited
in another. I make the admission with the more
pleasure, because while I canot doubt (for I am
a Christian) t that the period must arrive, when
there will be one fold, under one shepherd ; I
feel that a consummation, which is so devoutly
to be wished, must be far distant, so long as the
flocks that are to be thus united, eye each other
as if they were not sheep, but wolves. Lastly,
may I not have done my respectable opponent t a
sort of injustice, which I suspect to be of not
unusual occurrence ? By collecting (while I quo-
ted) scattered sentences together, may I not have
given an import to the whole, which its parts.
* First letter, page 4 and 5.
f In belief and theory I mean. In life and practice, who
(God help us !) is 80 ?
I I hope I may add^ to this term opponent, ci-devant.
..rfj* ■ TV
^*.. <- ■■■■
... ■..#,..
if not dissevered from their respective contexts, j-'
would not have had ? My object, it is true, was;^ v
a widely different, and not uncandid one. I mere- »
ly aimed at condensation. But by treating the ,
pages of Declan in this way, I may have changed ,
the pattern, and quite altered the effect, of their
mosaic.
To impute to Declan, that he has described
the Established Church as a ** Cynthia of the
minute," is strangely to misapprehend what he
has said. He was speaking of Protestant secta-
rianism ; not of Protestantism itselfl If I presum-
ed to submit any thing to his consideration, upon
this part of his subject, it would be, first a doubt
whether the opinions, which he is noticing, be not
less evanescent than he thinks them; secondly
whether, if they were as flitting as he supposes,
they would be the less mischievous on this ac-
count; and thirdly wliether a comparison of
their unstable character, with the more invariable
one of the Church of Rome, might not conduct
to results so far favourable to her tenets, as com-
pared with theirs.
In some of the irregular religious opinions of the
present day, I have traced, and traced with pain,
what struck me as an hereditary likeness, which
connected them with the Puritans of two centu-^
ries ago j and gave this degree of permanence to
I
A
*.^
'i,ryn^i.%,>- ,
^,'
:^
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-^
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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
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■ •■- ' '■ ■ '•'. 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.
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941.5 Barton, Edward.— ^ (ITfc^ -• /> ^^^
B281 Letters from literary characters to
B, Barton, edited "by F. Danier: with
a prefatory notictj by E. B. Dublin,
1884.
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