such terms, would accept of it, by admitting them free of the Catholic corporation. A few individuals, who had acceded for the purpose of conciliation, were accordingly admitted; but the proffered boon was indignantly rejected by the remainder, who formed the great majority of the inhabitants of the town. A schism from the newly-elected warden was accordingly the consequence. The disappointed party, acting with more precipitancy than judgment, proceeded to the election of a pastor of their own. They finally appealed to Rome, claiming the privilege as a right, and not seeking it as a favor; and, in the mean time, the town became a scene of spiritual anarchy and confusion. A counter petition was soon after transmitted, and the question was at length heard before the congregation De propaganda fide, who decided (with a reservation, however, of appeal,) in favor of the ancient names and families, or lay-patrons, by a decree, which received the sanction of pope Pius VI. on the 17th June, 1792.° Warden

Joyes was soon after re-elected; and although this decision has been ever since acquiesced in, it was at the time asserted, on the part of the appellants, that they would have succeeded, had not the court of Rome, alarmed at the then revolutionary proceedings in France, been inclined to discountenance any measure which had the smallest appearance of popular innovation. The subject has, however, been a source of uneasiness ever since to several conscientious members of the chapter, who, considering the great revolution wrought by time, and the alteration of circumstances since the original institution of the collegiate church, have represented that such a change has been effected in the nature of the patronage of its clergy as to render its canonical validity doubtful; but they, at the same time, admit that, although usage or prescription, since the suppression of the Catholic corporation, forms the only tenable foundation on which the right at present rests, yet any material change in the usual and ordinary manner of exercising it can only be effected by the interposition of the supreme ecclesiastical power and the sanction of the holy see, in order to render it valid and canonical. This opinion, however, which militated so forcibly against the exclusive privileges of the lay-patrons, neither coincided with their wishes nor

had been obtained by the ancient families, then the only inhabitants of the town, which were solemnly confirmed by the special grace and letters of the apostolic see, and afterwards peaceably enjoyed for upwards of three hundred years, and to which their descendants, whether resident or not, were equally entitled, having been born citizens, or pares, (equals) of the town, and not elected or admitted free as other strangers, but, when of age, assuming their places, and exercising their rights as members de jure of the corporation. That, since the time of its original institution, the Catholic corporation had invariably admitted persons of other names and families to their freedom speciali gratia, although no instance appears on record of any such extension to any person of the fourteen families of the town, which clearly demonstrated that the right was inherent in them not as individuals, but as members of one corporate body. That, even by the canon law the founders and maintainers of churches, such as these ancient families had been of the church of St. Nicholas, were exclusively entitled to the nomination of their clergy, all which clearly evinced their real, true and undoubted title to those rights, which they prized more particularly as an honorable testimony of their attachment to the faith of their forefathers, and of their devotion and obedience to the holy see. That no power on earth could deprive them of this privilege, until it should be proved that they had abused it; and that, therefore, considering their conscientious exercise of the trust reposed in them, by keeping the church constantly filled with pious, learned and virtuous clergy, not one of whom, for upwards of three hundred years, was or could be charged with any breach either of doctrine or morals, they relied that they ought not to be disturbed, but rather confirmed in the possession of an ancient invested right, which they and their ancestors had been in the undisturbed exercise and enjoyment of for so many centuries.

On the part of the "non-tribes," it was objected, that so far from the "tribes," or fourteen families, having been, as asserted, the founders of Galway, the town had, in fact, originally belonged to the old family of De Burgo, by whom it was principally built, and to whom it was chiefly indebted for its original increase and improvement. That intervals of many years had elapsed between the different periods of settlement in the town of these several names and families, who were almost entirely the descendants of Anglo-Norman adventurers in Ireland; and that, in particular, some of them had never been resident, or even heard of, in the town when the collegiate church was established, viz.: the Darcys, Brownes, &c. although they were now ranked amongst the families to whom it was pretended the exclusive privilege of electing its clergy, &c. had been granted. That this right had been at first acquired by all, (universorum,) and not a part, of the inhabitants of the town, who ̄ afterwards unanimously petitioned the pope to confirm their acquisition, which was accordingly done, under the general denomination of mayor, bailiffs and equals, meaning all the citizens, cominon council-men and freemen of the town. That the bull made no mention of these fourteen families, or of any family, tribe or name, or any other description of persons whatever; but, on the contrary, the various letters of the holy see, concerning the collegiate church, testified against any such exclusive claim; and even the last of these, in 1755, particularly recognized the right of the inhabitants in general, under the name of "Clerus populusque Galvie,” "the clergy and people of Galway." That, for nearly two centuries next after the institution, as appeared by the original corporation books of the town, the patronage was exercised by the mayor, sheriffs and freemen, or burgesses, as a privilege annexed to their corporate body, to which every inhabitant was eligible, and never was pretended to as a right inherent in any particular class of

met their approbation, although it has been confidently asserted that the vicars, and even the warden of the town, during the contest in 1792, had been unanimously of opinion, that some modification and arrangement in the constitution and exercise of this patronage had become highly necessary for the interest of religion in Galway.

The dissensions already detailed having excited the attention of the then titular archbishop of Tuam, they suggested to that able and vigilant prelate a project never until then thought of, and, consequently, at the time totally unexpected: this was nothing less than the total abolition of the collegiate rights and the annexation of the wardenship to the archiepiscopal see, to accomplish which every exertion was made at Rome; but, through the successful endeavours and advocacy of the reverend Valentine Bodkin, agent of the lay-patrons, and afterwards warden of the town, this bold and unprecedented attempt of the archbishop was frustrated. In the mean time, the amiable and conciliatory demeanor of warden Joyes by degrees reconciled matters within the town; and the angry feelings of jealousy and discontent, which had proceeded to considerable lengths amongst several of the inhabitants, gradually subsided. On the decease of this worthy

the citizens. That the fourteen confederated families had, therefore, after the political extinction of the old Catholic corporation, monopolized these privileges, and that afterwards, to give a colour to their usurpation, they formed themselves into a self-created body, and assumed the name of a corporation for no other purpose than to keep the patronage of the church amongst themselves, for the benefit of individuals of their own names and families. That it was unjust, in the highest degree, for those persons so to do, to the exclusion of all the other inhabitants, whose ancestors had settled (and many of them, viz. the Burles, Butlers, Colemans, Fallons, Nolans, Quins, Tullys, &c. at a very early period) in the town, with their families and properties, where they have ever since, for many generations, remained-a circumstance which ought to have entitled them, at least, to the common rights of naturalization. That the descendants of the fourteen families, from a long habit of thinking their title just, at length became convinced that it was so, and finally grew so confident as to declare, that while an individual belonging to them, or any of their names, existed in the town, or elsewhere, the title to elect and present the clergy of the collegiate church would remain, to the exclusion of all other pretenders. That they at length went so far as to assert, that even the name gave in itself a sufficient title; and finally carried the absurdity to such a length, as to reject pious, learned and exemplary clergymen as unfit to be either wardens or vicars, without any other possible objection but that they were of different names from the fourteen families, who had resolved" that the name of a stranger should not appear on the face of their books." That under these circumstances it followed, that any individual of these self-privileged names, wheresoever born, bred, or actually resident, if he appeared in Galway at the time of the election of the clergy, was allowed

a right of franchise by virtue of his name, although he might be a total stranger in the town, and might never have contributed to maintain the clergy, in whose conduct, carriage or behaviour, he had not the smallest interest; while the rank, fortune, length of residence and reputation of the other inhabitants were totally disregarded, who were, therefore, obliged to become silent spectators, while a few resident voters and a majority of aliens appointed those very clergy whom they, though excluded, principally contributed to support. It was then represented, that though the number of the non-resident patrons, as they were called, was indefinite, yet that the resident voters had, for a great many years, been rapidly declining in number and respectability, while the excluded resident inhabitants had increased in like proportion: and it was finally represented that this abuse and perversion of the original grant had commenced in times of turbulence and persecution, when the other inhabitants were obliged (through necessity, and to avoid attracting the notice of persecutors,) to permit the rights of the entire body to be exercised by a few individuals, who secretly assembled to elect the clergy, by which means those persons seemed to have acquired a quasi prescriptive right, which they, (the non-tribes,) therefore, humbly besought the holy see to abolish, and to restore the collegiate church to its original purity.

The author having thus far faithfully endeavoured to collect the arguments adduced by these contending parties, without being conscious of partiality to either, he shall not here presume to draw any conclusion; that he leaves to others; but cannot, however, conclude without expressing a hope that, should the question be ever again revived, the feelings of party prejudice may never preponderate to the injury of religion.

man, in 1805, the reverend Valentine Bodkin, before alluded to, was elected warden. During his incumbency he promoted the establishment of an orphan asylum, for the maintenance, clothing and education of destitute female children. The lay-patrons having soon after resolved not to elect any of the then vicars (who were mostly of non-tribe families) to succeed him as warden, he, at their desire, procured a dispensation from Rome to render eligible three regulars of the town, viz. the reverend John Fallon and the reverend Charles and Edmund Ffrench, two brothers, all of the Dominican order." The latter gentleman was accordingly chosen vicar, and afterwards, on the death of doctor Bodkin, in 1812, was elected to the dignity of warden, a circumstance which occasioned fresh troubles in the town. The other vicars loudly protested against this election, charging the lay-patrons with partiality and injustice. A disunion was accordingly the consequence; the chapter declared the proceedings invalid, refused to confer institution on the newly-elected warden, and finally appealed to the pope, complaining against the innovation of a regular intruding on a secular chapter. Many of the most respectable inhabitants also murmured at these proceedings, the effects of which are not yet entirely over. The election, however, was afterwards, on 18th June, 1813, confirmed by the pope; and the piety, zeal and exertions of warden Ffrench, since his accession to the wardenship, justly entitle him to the respect and esteem in which he is so generally held. To his anxiety for the promotion of religious education, and the improvement of public morals, the town is principally indebted for the establishment of that valuable institution, the presentation convent; and the superb collegiate chapel, now erecting, which may be said to have been hitherto raised by his single exertions, will long remain a splendid monument of his zeal for the interests of religion."

This accomplished scholar and excellent divine had resided in Italy from an early age until about the period of the French Revolution, when he returned to Galway, and officiated as one of the vicars of the town, to which office he had been elected during his absence. He possessed a highly cultivated mind, manners the most refined and elegant, was well acquainted with all the modern languages, and deeply skilled in every branch of human learning. Being descended from one of the oldest and most respectable families of the town, and united to the remainder by the ties of kindred and the warmest feelings of friendship and affection, doctor Bodkin, while in Italy, acted as the strenuous and indefatigable advocate of their collegiate influence, and was chiefly instrumental in bringing the litigation already detailed to a favorable issue. The first of these three gentlemen, though a "nontribe" by name, sprung from an ancient Galway family, one of whom was Catholic warden in 1620. The two latter, besides being descended from one of the fourteen families, were also recommended by a circumstance rather singular in its nature: Their father, the reverend Edmund Ffrench, had been, for many years, warden of the estab

lished church; he also served the office of mayor in 1774; and his name appears signed, amongst others, to the intolerant "black petition" against the Catholics in 1761. Both his sons, however, when very young, became converts to the Catholic faith, and afterwards friars of the Franciscan order. The youngest having been elected, as above, in the place of doctor Bodkin, thus became Catholic warden in the same town in which his father had been for so many years Protestant warden: and that he may long so continue, with honor to himself and benefit to the community, is the sincere wish of the author.

The foundation of the new collegiate chapel of St. Nicholas was laid on 1st July, 1816, (being the old anniversary of the battle of the Boyne,) by Hyacinth Daly, esq. mayor of the town! This memorable day presented a sight in Galway which forcibly evinced the increasing liberality of the times, and which was grateful to every liberal, patriotic and enlightened mind as it was novel and unprecedented in the annals of the country-the head of a Protestant corporation laying the foundation of a Catholic chapei, in a town where, within the memory of many persons yet living, a Catholic would

as

To conclude the Catholic warden of Galway (who has been sometimes described by the term quasi episcopus) is a prelate chosen triennially by the laypatrons of the town, who exercises episcopal jurisdiction over an extensive district and population in the capital of the province, but subject to the triennial visitation of the metropolitan of Tuam, who is generally obliged, however, to conclude the business of visitation within a limited time. His institution by the chapter or vicars confers on him all the necessary faculties in ordinary for this jurisdiction of course, what the confirmation of the holy see confers on a bishop elect, or nearly so, is conferred on him by such institution. He possesses a visitatorial power over all religious foundations within the limits of the wardenship; has privilege of sending two students to the Royal College of St. Patrick, Maynooth; is intitled to a chair and vote in synod, with mitre, crozier and pontificals, as other prelates: but he cannot administer the sacrament of confirmation, confer orders, or consecrate the sacred unction. A vicar of the collegiate church (who is also elected by the lay-patrons, but for life,) is of different signification from what is commonly understood by that name, the vicarage being, in fact, a canonry or prebend in a collegiate chapter. The reverend gentlemen at present composing this venerable body are inferior to none in the kingdom for piety, learning, and zeal in the arduous discharge of their sacred duties.

Franciscan Friary.

THE power of the De Burgos having been firmly established in Connaught, about the close of the thirteenth century, by the favorable issue of their long and sanguinary contests with the native Irish, Galway became (as there had been before occasion to mention) the chief residence of this powerful family, and, consequently, the principal object of its protection and improvement. In 1296, Sir William de Burgh, surnamed Liagh, or the grey, founded this monastery for Franciscan friars, outside the north gate of the town, as particularly detailed

be liable to persecution for daring to avow the principles of his religion. The following account of this transaction is abstracted from the public prints of the day :-"On the 1st of July, 1816, the first stone was laid in the foundation of a new parish chapel, on the site where the old one stood, in Middle-street, in this town. About one o'clock, the popular Roman Catholic warden (the very reverend doctor Ffrench) and the other Catholic clergy of the town, attired in their sacerdotal habits, assembled at the old county court-house, which is now temporarily converted into a parish chapel. They were there met by Hyacinth Daly, esq. our respected mayor, attended by the sheriffs and other magistrates and officers of the corporation, clothed in their official costume, and bearing the insignia of their municipal character, together with a great concourse, comprising almost the entire body of the respectable gentry of Galway. This collected

assemblage moved from the court-house in regular procession, preceded by a band of music, through High-street, Shop-street and Abbey-gate-street, to where the new chapel is to stand. There the usual form was gone through of laying the first stone, which was deposited by the mayor, in front of whose house the populace lighted, in the evening, an amazingly large bonfire."

This extensive structure not being yet (1820) entirely finished, the author regrets that he cannot include a description of it in this work. The style of architecture, however, which is that of the ornamented Gothic, reflects much credit on the ingenuity and taste of the builder, Mr. Cusack; and the entire edifice, when completed, will prove a considerable ornament to the town, and be one of the most spacious and elegant Catholic chapels in the kingdom.