CHAP. VI. - Seffion of 1788. Mr. Grattan's speech respecting tythes-proregation.-feffion 1789-his Majefty's illness.-proceedings thereon in the Irish parliament.-addrefs to the Prince of Wales from both houfes.-proteft of the peers.-answer of the Lord Lieutenant on delivery of the addrefs.—protefts on this occafion.anfwers returned by the Prince of Wales.—addrefs of the commons.-proteft of the lords.-Speech of the Lord Lieutenant en bis Majefty's recovery.—addrefs to his Majefty from the Lords -addrefs from the commons.-proceedings in Great Britain. PARLIAMENT again affembled on the 17th of Janua ry, 1788, feveral bills both economical and conftitutional were introduced, and rejected, altho' public economy appeared to have been a favorite fyftem with the Vice-roy.Amongst the most interesting fubjects introduced, was that of Tythes, which had been fo long a matter of complaint, and the alledged cause of the disturbances in the fouthern part of the country.Mr. Grattan opened the bufinefs with a propofed enquiry, and in a speech of confiderable length, ftated the oppreffion of the poor, from the mode in which Tythes were affefs'd and collected-It has been faid in defence of clerical exactions, that tho' fometimes exorbitant, they have never been illegal, but (faid he) I will prove that exactions in fome of the disturbed parts, have been not only exorbitant, but illegal likewise.—I will prove that in many inftances, Tythe has been demanded, and paid for Turf; that men have been excommunicated by a moft illegal fenténce, for refufing to pay Tythe of Turf.-A right to Tythe of Turf has been ufurped against law, and a legislative power of commutation commutation has been exercised, I fuppofe for familiarity of appellation and facility of collection.-It has been urged, the law would relieve in the case of demand for tithe of Turf--but the poverty of the peafant has been admitted, and the expence of litigation can not be denied-the law has been applied to and has not relieved-the spiritual Courts do maintain a right to tithe for Turf, and in fo doing, they have acted, and do act in grofs violation of law:-I am informed that tithe has been demanded for Furze spent on the premises; and therefore, in circumftances not subject to Tithe, a demand oppreffive to the poor and repugnant to the law." "The exactions of the tithe-proctor are another inftance of illegality-he gets, he exacts, he extorts from the parifhioners, in fome of the disturbed parishes one, frequently two fhillings in the pound. The clergyman's agent is then paid by the parish, and paid extravagantly. I excufe the tithe-proctor; the law is in fault which gives great and fummary powers to the indefinite claims of the church, and fuffers both to be vefted in the hands, not only of the parfon, but of a wretch who follows his own nature, when he converts authority into corruption, and law into peculation, "Under this head the allegation is, that the tithe-proctors in certain parishes of the South, do aík and extort from the poor parishioners one or two fhillings in the pound under the defcription of proctorage-a fee at once illegal and oppreffive; and this they are ready to verify at your bar. "I understand that every thing, of any confequence, which is tithed in any part of Ireland, is tithed in Munster; that potatoes, which are tithed in no other part of Ireland, are tithed there-and that each article is, in moft of the difturbed parts, tithed higher than in any other part of Ireland. "I unders « I understand in the course of your inquiry it will appear, that a living has been lately and rapidly raised from бol. to 5ool. by the new incumbent; that a farm from 121. a year. tithe, has been raised to 601.-that a living in these disturbed parts from 1301. has been in the fame manner and expédition raised to 130l.-that another living in these disturbed parts, in the fame manner, has been raised from 300l. to 1000l.. "Under the head of excess the following allegation is fubmitted to your confideration; that in certain parishes of the South the charge for tithes has been unconscionable, and has not obferved any equity in favour of the husbandman, the poor, or the manufacturer. "But the law would relieve; turn to the Ecclefiaftical Courts-the judge is a clergyman, or appointed by a clergyman, and of courfe is a party judge; and though in fome cafes his perfonal rectitude may correct his fituation, and prevent him from being a partial, yet from the constitution of his court, he is a party judge-The Ecclefiaftical Courts in England maintained gravel and stone to be titheable, as fome of ours have maintained turf to be titheable. Lord Holt faid, they made every thing titheable; but, fays he, I do not regard that, the Pope, from whom our clergy derive their claim, though they depart from its alledged application, fubjected to tithe the gains of the merchant, and the pay of the army-the canons went farther, and held the tithe of fornication and adultery to be the undoubted property of the church. We are now too enlightened to liften to claims carried to fo very great an extent, and Ecclefiaftical Courts. are lefs extravagant now; but ftill, the principle continues, the bias continues fill they are party courts; the evidence, like the judge, is a party he is worse, he is frequently the fervant of the party, and the nature of his evidence is the beft calculated to give every latitude to partiality and corrup སྙ tion-he generally views the crop, when the crop is ripe, or when the ground is red; in the first cafe he cannot, with any great accuracy, afcertain the quantum of produce, and, in the laft cafe, he cannot, with any accuracy at all; and yet, without furvey, without measure, and in fome cafes, without infpection of the crop, hear him fwearing before a party judge, to the quantum of ground and produce. "Mr. Grattan obferved, that two material differences exifted; first, that potatoes were tithed no where but in the South; fecondly, that the other articles of tillage were tith-: ed no where fo high as in the South; that there were fome few parishes, 'tis true, in the North, and fome parts of counties that bordered on Munfter, where potatoes were tithed; but that the inftances were few, and the exception proved the rule. "The right of fetting out the tithe has not always proved, in the cafe of the poor, a fecurity again ft illegal demands, and does not affect to be a fecurity against unconscionable demands. By the law, the tenant muft give forty-eight hours notice, and bind himself to a day, whether fair or foul. In the cafe of potatoes, he muft, if the parfon does not choose to attend, leave the ridge in the field, which may prevent his fowing winter corn, and be the difference between the profit on wheat and on oats. The tenant cannot dig his potatoes till October, he feldom does till November; and he must use them in Auguft, because the stock of last year is exhausted. Now, the digging a bowl of potatoes is by conftruction in the Ecclefiaftical Courts, the fubftraction, not of the particular tithe, but of the tithes of the year: for fimplicity of fuit they conftrue substraction of one prædial tithe to be fubftraction of the whole; and for extent of power, that is, for the fake of bringing the whole under their jurisdiction, they they conftrue potatoes to be prodial tithe. Thus the neceffity of the year brings the peafant under the lash of ecclesiastical authority, that great fcourge of the farmer. "To thefe evils are we to add another, which is the principal fource of them all-the uncertainty of tithe-the full tenth ever must be oppreffive. "A tenth of your land, your labour, and your capital, to thofe who contribute in no shape whatsoever to the produce, must be oppreffion; they only think otherwife, who fuppole that every thing is little which is given to the parfon-that no burden can be heavy, if it is the weight of the parson; that landlords fhould give up their rent, and tenants the profits of their labour, and all too little; but uncertainty aggravates that oppreflion, the full tenths ever must be uncertain as well as oppreffive, for it is the fixed proportion of a fluctuating quantity, and unless the high priest can give law to the winds, and ascertain the harvest, the tithe, like that harveft, must be uncertain; but this uncertainty is aggravated by the pernicious motives on which tithe frequently rifes and falls. It frequently rifes on the poor-it falls in compliment to the rich. It proceeds on principles the reverse of the gofpel; it croaches to the ftrong, and it encroaches on the feeble; and is guided by the two worst principles in society, fervility and avarice united, against the cause of charity, and under the cloak of religion. In the courfe of this fpeech, Mr. Grattan went into many particulars in proof of his affertions-the nature, effect, and origin of the tithe institution, the mode of redrefs he thought moft applicable under exifting circumstances, and concluded thus-" Let bigotry and fchifm, the zealot's fire, the high priest's intolerance, through all their difcordancy, tremble, while an enlightened Parliament, with arms of general protection, overarches the whole community, and roots |