Lord Ellenboroughbegged leave to ask the noble Marquis whether there would be any objection to lay before the House, from time to time, the evidence produced before the Committee appointed to inquire into tithes in Ireland.
The Marquis of Lansdownsaid, that he would call the attention of the Committee to the noble Lord's suggestion.
Lord Kingbegged to be permitted to observe, in reference to what had passed on this subject last evening, that the noble and learned Lord (Wynford) was quite right in his observations relating to the collection of tithes in Ireland. The law was similar in both countries, and it was not considered a conspiracy for three persons to give notice for them to be taken in kind. At the same time although the law was interpreted in that way at present, yet some years ago the practice had prevailed which he had reprobated.
§ Lord Wynfordhad also made further inquiries into the subject, and he had reason to believe that such a practice had been pursued in a very inferior Court.
The Earl of Rosslynobserved, that he spoke with great hesitation, but, to the best of his recollection a case had occurred many years since, in the county of Cork, in which a great many persons had given notice to the collector to take the tithe of potatoes in kind, at the same time, on the same day, a circumstance which rendered it impossible to collect the tithe at all. The consequence was, that the Parliament of Ireland passed a statute declaring such an act a conspiracy. He was ready, however, to admit that a great distinction ought to be made as to the number of persons giving notice, twelve persons giving notice at the same time ought not to be considered as acting in concert although 1200 so acting would certainly supply prima facie evidence of a conspiracy.