YOUR Grace having been pleased to communicate to us a certain brief, by letters patent, for the relief of one Charles M'Carthy, whose house in College-green, Dublin, was burnt by an accidental fire; and having desired us to consider of the said brief, and give our opinions thereof to your Grace:

We, the clergy of the city of Dublin, in compliance with your Grace's desire, and with great acknowledgments for your paternal tenderness toward us, having maturely considered the said brief by letters patent, compared the several parts of it with what is enjoined us by the rubrick (which is confirmed by act of parliament) and consulted persons skilled in the laws of the church; do, in the names of ourselves and of the rest of our brethren the clergy of the diocese of Dublin, most humbly represent to your grace:

First, That by this brief, your Grace is required and commanded, to recommend and command all the parsons, vicars, &c. to advance so great an act of charity.

We shall not presume to determine how far your Grace may be commanded by the said brief, but we humbly conceive that the clergy of your diocese cannot, by any law now in being, be commanded by your Grace to advance the said act of charity, any otherwise than by reading the said brief in our several churches, as prescribed by the rubrick.

Secondly, Whereas it is said in the said brief, "That the parsons, vicars, &c. upon the first Lord's day, or opportunity, after the receipt of the copy of the said brief, shall, deliberately and affectionately, publish and declare the tenor thereof to his majesty's subjects, and earnestly persuade, exhort, and stir them up, to contribute freely and cheerfully toward the relief of the said sufferer:"

We do not comprehend what is meant by the word opportunity. We never do preach upon any day except the Lord's day, or some solemn days legally appointed; neither is it possible for the strongest constitution among us to obey this command (which includes no less than a whole sermon) upon any other opportunity than when our people are met together in the church; and to perform this work in every house where the parishes are very populous, consisting sometimes here in town of nine hundred or one thousand houses, would take up the space of a year, although we should preach in two families every day; and almost as much time in the country, where the parishes are of large extent, the roads bad, and the people too poor to receive us and give charity

at once.

But, if it be meant that these exhortations are commanded to be made in the church upon the Lord's day; we are humbly of opinion, that it is left to the discretion of the clergy, to choose

what subjects they think most proper to preach on, and at what times: and if they preach either false doctrines or seditious principles, they are liable to be punished.

It may possibly happen that the sufferer recommended may be a person not deserving the favour intended by the brief; in which case no minister who knows the sufferer to be an undeserving person, can, with a safe conscience, deliberately and affectionately publish the brief, much less earnestly persuade, exhort, and stir up the people to contribute freely and cheerfully toward the relief of such a sufferer.

Thirdly, Whereas, in the said brief, the ministers and curates are required, "on the week-days next after the Lord's day when the brief was read, to go from house to house, with their churchwardens, to ask and receive from all persons the said charity" We cannot but observe here, that the said ministers are directly made collectors of the said charity in conjunction with the churchwardens, which however, we presume, was not intended, as being against all law and precedent: and therefore, we apprehend, there may be some inconsistency, which leaves us at a loss how to proceed: for, in the next paragraph, the ministers and curates are only required, where they conveniently can, to accompany the churchwardens, or procure some other of the chief inhabitants to do the same. And in a following paragraph, the whole work seems left entirely to the churchwardens, who are required to use their utmost dili

This M'Carthy's house was burnt in the month of August, 1723 and the universal opinion of mankind was, that M'Carthy himself was the person who set fire to the house.

gence to gather and collect the said charity, and to pay the same, in ten days after, to the parson, vicar, &c.

In answer to this, we do represent to your grace our humble opinion, that neither we, nor our churchwardens, can be legally commanded or required to go from house to house, to receive the said charity; because your grace has informed us in your order, at your visitation, A. D. 1712, "That neither we nor our churchwardens are bound to make any collections for the poor, save in the church;" which also appears plainly by the rubrick, that appoints both time and place, as your grace has observed in your said order.

We do likewise assure your grace, that it is not in our power to procure some of the chief inhabitants of our parishes to accompany the churchwardens from house to house in these collections: and we have reason to believe that such a proposal made to our chief inhabitants (particularly in this city, where our chief inhabitants are often peers of the land) would be received in a manner very little to our own satisfaction, or to the advantage of the said collections.

Fourthly, The brief does will, require, and command the bishops, and all other dignitaries of the church, "That they make their contributions distinctly, to be returned in the several provinces to the several archbishops of the same."

Upon which we take leave to observe, that the terms of expression here are of the strongest kind, and in a point that may subject the said dignitaries (for we shall say nothing of the bishops) to great inconveniencies.

The said dignitaries are here willed, required, and commanded, to make their contributions distinctly by which it should seem that they are

absolutely commanded to make contributions (for the word distinctly is but a circumstance) and may be understood not very agreeable to a voluntary, cheerful contribution. And therefore, if any bishop or dignitary should refuse to make his contribution (perhaps for very good reasons) he may be thought to incur the crime of disobedience to his majesty, which all good subjects abhor, when such a command is according to law.

Most dignities of this kingdom consist only of parochial tithes, and the dignitaries are ministers of parishes. A doubt may therefore arise, whether the said dignitaries are willed, required, and commanded, to make their contributions in both capacities, distinctly as dignitaries, and jointly as parsons or vicars.

Many dignities in this kingdom are the poorest kind of benefices; and it should seem hard to put poor dignitaries under the necessity either of making greater contributions than they can afford, or of exposing themselves to the censure of wanting charity, by making their contributions public.

Our Saviour commands us, in works of charity, to "let not our left hand know what our right hand doth;" which cannot well consist with our being willed, required, and commanded, by any earthly power, where no law is prescribed, to publish our charity to the world, if we have a mind

to conceal it.

Fifthly, Whereas it is said, in the said brief, "That the parson, vicar, &c. of every parish, shall, in six days after the receipt of the said charity, return it to his respective chancellor, &c." This may be a great grievance, hazard, and expense, to the said parson, in remote and desolate parts of the country; where often an honest messenger (if such a one can be got) must