If the clergyman wished to seek assistance under the terms of the Act, he had to swear an affidavit sworn before a Justice of the Peace setting out the methods he had employed in attempting to recover the arrears of tithe for 1831.
Shown below are the two parts of the signed affidavit, that part sworn before Ambrose V Kiernan JP, and that part signed by Mr Richard Graves, Vicar of Ballynemara, County Kilkenny
Form of affidavit, where the Parish is not under
Composition, to be sworn before any Justice of the Peace in and for the County in which the Memorialist usually resides
to Wit. 55
came before me, one of the Justices of the said County, this day, and maketh Oath on the Holy Evangelists, and saith that he has carefully considered and examined into the several Matters and Things set forth and alleged in the Memorial and Schedule hereunto annexed, and signed by him, praying Relief under an Act passed in the Second Year of the Reign of His present Majesty, for the Tithes due and in arrear to him for the Year 1831; and that, to the best of his knowledge and belief, the several Matters and Things contained in the said Memorial, and the several Items and Sums of Money set out in the said Schedule thereunto annexed, are true and correct, and are the Sums of Money now justly due to him respectively by the Persons, and out of the Denominations of Land therein mentioned.
WHERE THE PARISH IS NOT UNDER COMPOSITION.
CLERGY RELIEF FUND - 1831
To His Excellency HENRY WILLIAM, MARQUESS OF ANGLESEY,
Lord Lieutenant General and General Governor of Ireland, &c. &c.
That by an Act passed in the Second Year of His present Majesty, entitled "An Act to facilitate the recovery of Tithes in certain Cases in Ireland, and for Relief of the Clergy of the Established Church," after reciting, amongst other things, that a Combination against the Payment of Tithes has for some time existed in certain parts of Ireland, whereby great numbers of the Clergy have been deprived of their legal Maintenance, and many of them reduced to a state of great distress, a power is given to the Lord Lieutenant, or other Chief Governor or Governors of Ireland, at any time or Times, within One Year from the passing of said Act, with the Advice of the Privy Council of Ireland, upon Application, as therein prescribed, to issue and advance, or cause to be Issued and advanced, out of the Consolidated Fund of Great Britain and Ireland, such Sums of Money, not exceeding in the whole the Sum of 60,000, as may be from Time to Time necessary, to be applied to the Purposes, and replaced in the Manner, as therein directed.
That Memorialist, in the capacity of Vicar as aforesaid, is entitled to one third part of the tithes of said parish of Ballynemara
That the whole Amount of the Tithes in Arrear and due to Memorialist out of the said Parish, and now unpaid and unsatisfied, for the Year 1831, thirty one, is Forty-five Pounds, Fourteen Shillings and Eleven pence farthing, as will appear from the Schedule hereunto annexed; and that the Proceedings which your Memorialist has taken for the receiving or recovering of such Arrears, and the Means whereby the same have been rendered ineffectual are as follows:
Memorialist begs leave to state that he did not resort to any means or take any proceedings for the recovery of the Tithes due to him, having been informed of the resolution of the parishioners generally not to pay who alleged that they would not make Tithe payments, under the apprehension of those fearful consequences which were denounced against them who should act contrary to the system of organized resistance to the Clergyman's claims .
And Memorialist further saith that in the Schedule hereunto annexed. and to which Memorialist refers, are set out the Names, Descriptions, and Places of Abode of the several Persons, Occupiers of Land within the said Parish, or the Representatives of such of them as are dead, by whom such Arrears of Tithes are due, and the estimated value of the Tithes so due and in arrear from each Person, and the Lands in respect whereof each Item of such Tithes is payable.
And your Memorialist further begs leave to state that the Sums claimed as the value of such Tithes, are made up as accurately as in Memorialist's power or ability, at the different Rates per Acre, or otherwise, which have for the Three Years next preceding the said last past Year, been after all just allowances and abatements really and bone fide, paid or secured for Tithes of the like kind and quality within the said parish, and that there is no charge within the said Schedule, for any Tithes or Dues, which have not been really and bone fide paid or secured by the Occupiers of the Land, witinn the said Parish, within the aforesaid three years.
And for the truth of the several Matters set forth and alleged in the aforesaid Memorial, and the Schedule hereunto annexed, Memorialist begs leave to refer to the Affidavit annexed, as required by the Statute aforesaid.
Vicar of Ballynemara
Last Updated on 291July 2008 by Data Tree Publishing