This attempt on the part of the House of Commons to regulate the affairs

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.

The Prose Works of Jonathan Swift, D.D. — Volume 03 Swift's Writings on Religion and the Church — Volume 1 · 第 23 / 26 段