of the clergy of Ireland seems to have been one of a series which
divided laity and clergy into two strongly opposing parties. On the one
side were the House of Commons and its supporters, on the other the
general body of the Irish clergy, with, for a time, at any rate, Swift
at the head. The tithe of pasturage, or, as it was called, the tithe of
agistment, was being strongly resisted at the time, and many of the
clergy were forced to sue in court before they could obtain it. The
matter of this tithe had been already before an Irish court in 1707, and
had been settled in favour of the suing clergyman, one Archdeacon Neal;
and although the cause was removed to King's Bench in England, the
previous judgment was confirmed. In spite of this decision, however, the
tithe continued to be a subject of litigation, and the landed
proprietors even formed themselves into associations for the purpose of
resisting the clergy's claim. In 1734 the House of Commons aggravated
matters by passing resolutions against the claims, many of which were
then the subject of legal actions, and prevented decisions being come to
while it had the matter under its consideration. From the pamphlets
written at the time it may easily be seen that this interference on the
part of the lower House was both unseemly and unjust. Its conduct so
roused Swift that his indignation found expression in one of his
bitterest and most terrible poetical satires--"The Legion Club"--a
satire so bitter and so scathing that reading it now, after the lapse of
more than a century and a half, one shudders at its invective--"a
blasting flood of filth and vitriol, out of some hellish fountain," Mr.
Churton Collins calls it. We are told that its composition brought on a
violent attack of vertigo, and it remained unfinished.
The text here given is that of the first edition collated with those
given by Faulkner, Hawkesworth, and Scott.
[T.S.]
SOME
REASONS
AGAINST THE
Bill for settling the Tyth of _Hemp, Flax,_ &c. by a _Modus_.
MDCCXXIV.
The Clergy did little expect to have any cause of complaint against the
present House of Commons; who in the last sessions, were pleased to
throw out a Bill[1] sent them from the Lords, which that reverend body
apprehended would be very injurious to them, if it passed into a law;
and who, in the present sessions, defeated the arts and endeavours of
schismatics to repeal the Sacramental Test.
[Footnote 1: For the bishops to divide livings. See the two preceding
Tracts. [T. S.]]
For, although it hath been allowed on all hands, that the former of
those Bills might, by its necessary consequences, be very displeasing to
the lay gentlemen of the kingdom, for many reasons purely secular; and,
that this last attempt for repealing the Test, did much more affect, at
present, the temporal interest than the spiritual; yet the whole body of
the lower Clergy have, upon both these occasions, expressed equal
gratitude to that honourable House, for their justice and steadiness, as
if the clergy alone were to receive the benefit.
It must needs be, therefore, a great addition to the Clergy's grief,
that such an assembly as the present House of Commons; should now, with
an expedition more than usual, agree to a bill for encouraging the linen
manufacture; with a clause, whereby the Church is to lose two parts in
three, of the legal tithe in flax and hemp.
Some reasons, why the Clergy think such a law will be a great hardship
upon them, are, I conceive, those that follow. I shall venture to
enumerate them with all deference due to that honourable assembly.
_First_; the Clergy suppose that they have not, by any fault or demerit,
incurred the displeasure of the nation's representatives: neither can
the declared loyalty of the present set, from the highest prelate to the
lowest vicar, be in the least disputed: because, there are hardly ten
clergymen, through the whole kingdom, for more than nineteen years past,
who have not been either preferred entirely upon account of their
declared affection to the Hanover line; or higher promoted as the due
reward of the same merit.
There is not a landlord in the whole kingdom, residing some part of the
year at his country-seat, who is not, in his own conscience, fully
convinced, that the tithes of his minister have gradually sunk, for some
years past, one-third, or at least one-fourth of their former value,
exclusive of all non-solvencies.
The payment of tithes in this kingdom, is subject to so many frauds,
brangles, and other difficulties, not only from Papists and Dissenters,
but even from those who profess themselves Protestants; that by the
expense, the trouble, and vexation of collecting, or bargaining for
them, they are, of all other rents, the most precarious, uncertain, and
ill paid.
The landlords in most parishes expect, as a compliment, that they shall
pay little more than half the value of their tithes for the lands they
hold in their own hands; which often consist of large domains: And it is
the minister's interest to make them easy upon that article, when he
considers what influence those gentlemen have upon their tenants.
The Clergy cannot but think it extremely severe, that in a bill for
encouraging the linen manufacture, they alone must be the sufferers, who
can least afford it: If, as I am told, there be a tax of three thousand
pounds a year, paid by the public, for a further encouragement to the
said manufacture; are not the Clergy equal sharers in the charge with
the rest of their fellow subjects? What satisfactory reason can be
therefore given, why they alone should bear the whole additional weight,
unless it will be alleged that their property is not upon an equal foot
with the properties of other men? They acquire their own small pittance,
by at least as honest means, as their neighbours, the landlords, possess
their estates; and have been always supposed, except in rebellious or
fanatical times, to have as good a title: For, no families now in being
can shew a more ancient. Indeed, if it be true, that some persons (I
hope they were not many) were seen to laugh when the rights of the
Clergy were mentioned; in this case, an opinion may possibly be soon
advanced, that they have no rights at all. And this is likely enough to
gain ground, in proportion as the contempt of all religion shall
increase; which is already in a very forward way.
It is said, there will be also added to this Bill a clause for
diminishing the tithe of hops, in order to cultivate that useful plant
among us: And here likewise the load is to lie entirely on the shoulders
of the Clergy, while the landlords reap all the benefit. It will not be
easy to foresee where such proceedings are like to stop: Or whether by
the same authority, in civil times, a parliament may not as justly
challenge the same power in reducing all things titheable, not below the
tenth part of the product, (which is and ever will be the Clergy's
equitable right) but from a tenth-part to a sixtieth or eightieth, and
from thence to nothing.
I have heard it granted by skilful persons, that the practice of taxing
the Clergy by parliament, without their own consent, is a new thing, not
much above the date of seventy years: before which period, in times of
peace, they always taxed themselves. But things are extremely altered at
present: It is not now sufficient to tax them in common with their
fellow subjects, without imposing an additional tax upon them, from
which, or from anything equivalent, all their fellow-subjects are
exempt; and this in a country professing Christianity.
The greatest part of the Clergy throughout this kingdom, have been
stripped of their glebes by the confusion of times, by violence, fraud,
oppression, and other unlawful means: All which glebes are now in the
hands of the laity. So that they now are generally forced to lie at the
mercy of landlords, for a small piece of ground in their parishes, at a
most exorbitant rent, and usually for a short term of years; whereon to
build a house, and enable them to reside. Yet, in spite of these
disadvantages, I am a witness that they are generally more constant
residents than their brethren in England; where the meanest vicar hath a
convenient dwelling, with a barn, a garden, and a field or two for his
cattle; besides the certainty of his little income from honest farmers,
able and willing, not only to pay him his dues, but likewise to make him
presents, according to their ability, for his better support. In all
which circumstances, the Clergy of Ireland meet with a treatment
directly contrary.
It is hoped, the honourable House will consider that it is impossible
for the most ill-minded, avaricious, or cunning clergyman, to do the
least injustice to the meanest cottager in his parish, in any bargain
for tithes, or other ecclesiastical dues. He can, at the utmost, only
demand to have his tithe fairly laid out; and does not once in a hundred
times obtain his demand. But every tenant, from the poorest cottager to
the most substantial farmer, can, and generally doth impose upon the
minister, by fraud, by theft, by lies, by perjuries, by insolence, and
sometimes by force; notwithstanding the utmost vigilance and skill of
himself and his proctor. Insomuch, that it is allowed, that the Clergy
in general receive little more than one-half of their legal dues; not
including the charges they are at in collecting or bargaining for them.
The land rents of Ireland are computed to about two millions, whereof
one-tenth amounts to two hundred thousand pounds. The benefited
clergymen, excluding those of this city, are not reckoned to be above
five hundred; by which computation, they should each of them possess two
hundred pounds a year, if those tithes were equally divided, although in
well cultivated corn countries it ought to be more; whereas they hardly
receive one half of that sum; with great defalcations, and in very bad
payments. There are indeed, a few glebes in the north pretty
considerable, but if these and all the rest were in like manner equally
divided, they would not add five pounds a year to every clergyman.
Therefore, whether the condition of the Clergy in general among us be
justly liable to envy, or able to bear a heavy burden, which neither the
nobility, nor gentry, nor tradesmen, nor farmers, will touch with one of
their fingers; this, I say, is submitted to the honourable House.
One terrible circumstance in this Bill, is, that of turning the tithe of
flax and hemp into what the lawyers call a _Modus_, or a certain sum in
lieu of a tenth part of the product. And by this practice of claiming a
_Modus_ in many parishes by ancient custom, the Clergy in both kingdoms
have been almost incredible sufferers. Thus, in the present case, the
tithe of a tolerable acre of flax, which by a medium is worth twelve
shillings, is by the present Bill reduced to four shillings. Neither is
this the worst part in a _Modus_; every determinate sum must in process
of time sink from a fourth to a four-and-twentieth part, or a great deal
lower, by that necessary fall attending the value of money, which is now
at least nine tenths lower all over Europe than it was four hundred
years ago, by a gradual decline; and even a third part at least within
our own memories, in purchasing almost everything required for the
necessities or conveniencies of life; as any gentleman can attest, who
hath kept house for twenty years past. And this will equally affect poor
countries as well as rich. For, although, I look upon it as an
impossibility that this kingdom should ever thrive under its present
disadvantages, which without a miracle must still increase; yet, when
the whole cash of the nation shall sink to fifty thousand pounds; we
must in all our traffic abroad, either of import or export, go by the
general rate at which money is valued in those countries that enjoy the
common privileges of human kind. For this reason, no corporation, (if
the Clergy may presume to call themselves one) should by any means grant
away their properties in perpetuity upon any consideration whatsoever;
Which is a rock that many corporations have split upon, to their great
impoverishment, and sometimes to their utter undoing. Because they are
supposed to subsist for ever; and because no determination of money is
of any certain perpetual intrinsic value. This is known enough in
England, where estates let for ever, some hundred years ago, by several
ancient noble families, do not at this present pay their posterity a
twentieth part of what they are now worth at an easy rate.
A tax affecting one part of a nation, which already bears its full share
in all parliamentary impositions, cannot possibly be just, except it be
inflicted as a punishment upon that body of men which is taxed, for some
great demerit or danger to the public apprehended from those upon whom
it is laid: Thus the Papists and Nonjurors have been doubly taxed for
refusing to give proper securities to the government; which cannot be
objected against the Clergy. And therefore, if this Bill should pass; I
think it ought to be with a preface, shewing wherein they have offended,
and for what disaffection or other crime they are punished.
If an additional excise upon ale, or a duty upon flesh and bread, were
to be enacted, neither the victualler, butcher, or baker would bear any
more of the charge than for what themselves consumed; but it would be an
equal general tax through the whole kingdom: Whereas, by this Bill, the
Clergy alone are avowedly condemned to be deprived of their ancient,
inherent, undisputed rights, in order to encourage a manufacture by
which all the rest of the kingdom are supposed to be gainers.
This Bill is directly against _Magna Charta_, whereof the first clause
is for confirming the inviolable rights of Holy Church; as well as
contrary to the oath taken by all our kings at their coronation, where
they swear to defend and protect the Church in all its rights.
A tax laid upon employments is a very different thing. The possessors of
civil and military employments are no corporation; neither are they any
part of our constitution: Their salaries, pay, and perquisites are all
changeable at the pleasure of the prince who bestows them, although the
army be paid from funds raised and appropriated by the legislature. But
the Clergy as they have little reason to expect, so they desire no more
than their ancient legal dues; only indeed with the removal of many
grievous impediments in the collection of them; which it is to be feared
they must wait for until more favourable times. It is well known, that
they have already of their own accord shewn great indulgence to their
people upon this very article of flax, seldom taking above a fourth part
of their tithe for small parcels, and oftentimes nothing at all from new
beginners; waiting with patience until the farmers were able, and until
greater quantities of land were employed in that part of husbandry;
never suspecting that their good intentions should be perverted in so
singular a manner to their detriment, by that very assembly, which,
during the time that convocations (which are an original part of our
constitution ever since Christianity became national among us) are
thought fit to be suspended, God knows for what reason, or from what
provocations; I say, from that very assembly, who, during the intervals
of convocations, should rather be supposed to be guardians of the rights
and properties of the Clergy, than to make the least attempt upon
either.
I have not heard upon inquiry, that any of those gentlemen, who, among
us without doors, are called the Court Party, discover the least zeal in
this affair. If they had thoughts to interpose, it might be conceived
they would shew their displeasure against this Bill, which must very
much lessen the value of the King's patronage upon promotion to vacant
sees; in the disposal of deaneries, and other considerable preferments
in the Church, which are in the donation of the Crown; whereby the
viceroys will have fewer good preferments to bestow on their dependants,
as well as upon the kindred of members, who may have a sufficient stock
of that sort of merit, whatever it may be, which may in future times
most prevail.
The Dissenters, by not succeeding in their endeavours to procure a
repeal of the Test, have lost nothing, but continue in full enjoyment of
their toleration; while the Clergy without giving the least offence, are
by this Bill deprived of a considerable branch of their ancient legal
rights, whereby the schismatical party will have the pleasure of
gratifying their revenge. _Hoc Graii voluere._
The farmer will find no relief by this _Modus_, because, when his
present lease shall expire, his landlord will infallibly raise the rent
in an equal proportion, upon every part of land where flax is sown, and
have so much a better security for payment at the expense of the Clergy.
If we judge by things past, it little avails that this Bill is to be
limited to a certain time of ten, twenty, or thirty years. For no
landlord will ever consent that a law shall expire, by which he finds
himself a gainer; and of this there are many examples, as well in
England, as in this kingdom.
The great end of this Bill is, by proper encouragement to extend the
linen manufacture into those counties where it hath hitherto been little
cultivated: But this encouragement _of lessening the tithe of flax and
hemp_ is one of such a kind as, it is to be feared, will have a directly
contrary effect. Because, if I am rightly informed, no set of men hath
for their number and fortunes been more industrious and successful than
the Clergy, in introducing that manufacture into places which were
unacquainted with it; by persuading their people to sow flax and hemp,
by procuring seed for them and by having them instructed in the
management thereof; and this they did not without reasonable hopes of
increasing the value of their parishes after some time, as well as of
promoting the benefit of the public. But if this _Modus_ should take
place, the Clergy will be so far from gaining that they will become
losers by any extraordinary care, by having their best arable lands
turned to flax and hemp, which are reckoned great impoverishers of land:
They cannot therefore be blamed, if they should shew as much zeal to
prevent its being introduced or improved in their parishes as they
hitherto have shewed in the introducing and improving of it. This, I am
told, some of them have already declared at least so far as to resolve
not to give themselves any more trouble than other men about promoting a
manufacture by the success of which, they only of all men are to be
sufferers. Perhaps the giving them even a further encouragement than the
law doth, as it now stands, to a set of men who might on many accounts
be so useful to this purpose, would be no bad method of having the great
end of the Bill more effectually answered: But this is what they are far
from desiring; all they petition for is no more than to continue on the
same footing with the rest of their fellow-subjects.
If this _Modus_ of paying by the acre be to pass into a law, it were to
be wished that the same law would appoint one or more sworn surveyors in
each parish to measure the lands on which flax and hemp are sown, as
also would settle the price of surveying, and determine whether the
incumbent or farmer is to pay for each annual survey. Without something
of this kind, there must constantly be disputes between them, and the
neighbouring justices of peace must be teazed as often as those disputes
happen.
I had written thus far, when a paper was sent to me with several reasons
against the Bill, some whereof although they have been already touched,
are put in a better light, and the rest did not occur to me. I shall
deliver them in the author's own words.
N.B. Some Alterations have been made in the Bill about the _Modus_,
since the above paper was writ; but they are of little moment.
***** ***** ***** *****
SOME
FURTHER REASONS
AGAINST
THE BILL FOR SETTLING THE TITHE
OF
HEMP, FLAX, &c.
I. That tithes are the patrimony of the Church: And if not of Divine
original, yet at least of great antiquity.
II. That all purchases and leases of titheable lands, for many centuries
past, have been made and taken, subject to the demand of tithes, and
those lands sold and taken just so much the cheaper on that account.
III. That if any lands are exempted from tithes; or the legal demands
of such tithes lessened by act of parliament, so much value is taken
from the proprietor of the tithes, and vested in the proprietor of the
lands, or his head tenants.
IV. That no innocent unoffending person can be so deprived of his
property without the greatest violation of common justice.
V. That to do this upon a prospect of encouraging the linen, or any
other manufacture, is acting upon a very mistaken and unjust
supposition, inasmuch as the price of the lands so occupied will be no
way lessened to the farmer by such a law.
VI. That the Clergy are content cheerfully to bear (as they now do) any
burden in common with their fellow-subjects, either for the support of
his Majesty's government, or the encouragement of the trade of the
nation but think it very hard, that they should be singled out to pay
heavier taxes than others, at a time when by the decrease of the value
of their parishes they are less able to bear them.
VII. That the legislature hath heretofore distinguished the Clergy by
exemptions, and not by additional loads, and the present Clergy of the
kingdom hope they have not deserved worse of the legislature than their
predecessors.
VIII. That by the original constitution of these kingdoms, the Clergy
had the sole right of taxing themselves, and were in possession of that
right as low as the Restoration: And if that right be now devolved upon
the Commons by the cession of the Clergy, the Commons can be considered
in this case in no other light than as the guardians of the Clergy.
IX. That besides those tithes always in the possession of the Clergy;
there are some portion of tithes lately come into their possession by
purchase; that if this clause should take place, they would not be
allowed the benefit of these purchases, upon an equal footing of
advantage with the rest of their fellow-subjects. And that some tithes
in the hands of impropriators, are under settlements and mortgages.
X. That the gentlemen of this House should consider, that loading the
Clergy is loading their own younger brothers and children; with this
additional grievance, that it is taking from the younger and poorer, to
give to the elder and richer. And,
_Lastly_, That, if it were at any time just and proper to do this, it
would however be too severe to do it now, when all the tithes of the
kingdom are known for some years past to have sunk above one-third part
in their value.
Any income in the hands of the Clergy, is at least as useful to the
public, as the same income in the hands of the laity.
It were more reasonable to grant the clergy in three parts of the nation
an additional support, than to diminish their present subsistence.
Great employments are and will be in the hands of Englishmen; nothing
left for the younger sons of Irishmen but vicarages, tide-waiters'
places, &c.; therefore no reason to make them worse.
The _Modus_ upon the flax in England, affects only lands reclaimed since
the year 1690, and is at the rate of five shillings the English acre,
which is equivalent to eight shillings and eightpence Irish, and that to
be paid before the farmer removed it from the field. Flax is a
manufacture of little consequence in England, but is the staple in
Ireland, and if it increases (as it probably will) must in many places
jostle out corn, because it is more gainful.
The Clergy of the Established Church, have no interest like those of the
Church of Rome, distinct from the true interest of their country; and
therefore ought to suffer under no distinct impositions or taxes of any
kind.
The Bill for settling the _Modus_ of flax in England, was brought in, in
the first year of the reign of King George I., when the Clergy lay very
unjustly under the imputation of some disaffection. And to encourage the
bringing in of some fens in Lincolnshire, which were not to be continued
under flax: But it left all lands where flax had been sown before that
time, under the same condition of tithing, in which they were before the
passing of that Bill: Whereas this bill takes away what the Clergy are
actually possessed of.