all which said charter, marketts, petty duties and customes, were lately, amongst other things, granted by us unto the said Elizabeth Hamilton, her heires and assignes, in manner as aforesaid, and by her assigned, articled and agreed to be assigned unto the said Theodorus Russell, his heires and assignes, for a greate and valuable consideration layd out and paid by him for the same, at the instance and desire of the said corporation: AND, therefore, our will and pleasure is, and wee do hereby ordeyne and appoint, that the said mayor, sheriffs, free burgesses and commonalty of our said towne and county of our towne of Gallway, doe accordingly, for themselves and theire successors, covenant, promise, grant and agree to and with us, our heires and successors, that neither they, the said mayor, sheriffs, free burgesses and commonaltie, nor theire successors, nor any of them, nor any person or persons whatsoever claymeing the premises, or any parte thereof, by, from or under them, or any of them, or by and with theire privity or procurement, shall or will, by virtue of these presents, or otherwise, demand, levye, collect or receive any of the charter, markett and petty duties or customes aforesaid, or any of them, or wittingly or willingly interrupt, molest or disturb, or give any interruption or disturbance, at any time, unto the said Theodorus Russell, his heires or assignes, or his or theire agent and receivers, in levying, collecting and receiving the aforesaid charter, markett and petty duties and customes, and every of them, untill he and they shall have first levyed, collected and received out of all and singular the issues, perquisitts and profitts which shall arrise out of the said charter, markett and petty duties and customes of the said towne of Gallway, to his and theire own use, the full and entire sume of £2500 sterling, which hath beene expended by him in purchaseing in the said charter, markett and petty duties and customes from the said Mrs. Elizabeth Hamilton, in manner as aforesaid; and alsoe all such other sume and sumes of money as he, the said Theodorus Russell, shall upon oath account to have expended and layd out in and concerning the same, and untill the said mayor, sheriffs, free burgesses and, commonaltie of our said towne and county of our towne of Gallway shall likewise have satisfyed and paid unto the said Theodorus Russell, either out of the issues and profitts of the said charter, markett and petty duties and customes aforesaid, or otherwise, the full sume of £ 300 sterling over and above his disbursement, as a reasonable compensation of his greate paines and trouble undergone on the behalfe and for the good of that corporation; and from and after such satisfaction of the sumes aforesaid to the said Theo . dorus Russell, his heires or assignes, the said charter, markett and petty duties and customes of the said towne to remaine to the said mayor, sheriffs, free burgesses and commonaltie of the said towne, and theire successors, to such uses whereunto the same were by any former charter of the said towne granted or designed. AND our further will and pleasure is, and wee doe hereby will and require our lieutenant, deputy, and every other, our chiefe governour and governours of our said realme of Ireland, and our privy councill there, for the tyme being, that they, and every of them, doe take care that the said mayor, sheriffs, free burgesses and commonaltie of our said towne of Gallway, and theire successors, doe duely and truely observe, performe, fulfill and keepe the severall articles and agreements by them made with us for satisfying the said Theodorus Russell in manner as aforesaid, and that they pursue all fitting meanes for his securitie, and keepe him in the quiett and full possession of the said duties and customes, either by an annual electing of him into the office or place of mayor of the said corporation, in succession, untill he be satisfied all and singular the aforesaid sumes and engagements, or otherwise by such other reasonable and fitting wayes and meanes as they shall judge to be most expedient and conduceing to the end and purposes aforesaid. AND FURTHER of our more ample grace, certayne knowledge and meere motion, by and with the advice and consent aforesaid, wee doe, by these presents, for us, our heires and successors, grant unto the said mayor, sheriffs, free burgesses and commonaltie of the said towne and county of the towne of Gallway, and theire successors for ever, that these our letters patents, or the enrollment thereof, and every clause and article therein conteyned, shalbe construed, interpretted and adjudged to the greatest advantage, benefitt and favour of the said mayor, sheriffs, free burgesses and commonaltie of our said towne and county of our towne of Gallway, and theire successors, against us, our heires and successors, as well in all our courts in our said, kingdome of Ireland as elsewhere wheresoever, without any other confirmation, license or tolleration hereafter to be procured or obteyned, notwithstanding any defect or defects whatsoever in these our letters patents, or any other cause, matter or thing whatsoever to the contrary thereof, although noe express mention, &c. and wee further will, &c. without fine in our hanaper, &c. provided alwise that these our letters patents be enrolled in the rolls of our high court of chancery in our said kingdome of Ireland, within the space of six monthes next ensuing the date of these presents; any statute, &c. in witness whereof Articles of Galway exemplified and confirmed by their Majesties King William and Queen Mary. Gulielmus et Maria Dei gratia, Anglie, Scocie, Francie et Hibernie, Rex et Regina, fidei defensores, &c. Omnibus ad quos præsentes litere nostre pervenerint, salutem. Inspeximus irrotulamentum quarumdam literarum patentium, de confirmatione gerenda, et apud Westmonasterium 17 die Februarii ultimo preterito, in curia cancellaria nostra, irrotulata ac ibidem recorda remanente in hec verba.-William and Mary, by the grace of God, &c. To all whom these presents shall come, geeting-WHEREAS certain articles, bearing date the one and twentyeth day of July last past, were made and agreed upon by our trusty and well beloved Godert, baron de Ginckel, lieutenant-general and commander in chief of our forces in our kingdom of Ireland, and the constable and governor, of our town of Galway, in our said kingdom, whereby our said general promises that we should ratifie these capitulations within the space of three monthes from the date thereof, or sooner, the tenor of which said articles is as followeth, viz.: Articles granted to the town and garrison of Galway by lieutenant-general Ginckel, commander in chief of their majesties' forces, the 21st of July, 1691. I. That the town and fort of Galway shall be given up to his excellency, or such officer as he shall appoint, on Sunday morning next, by six of the o'clock, together with all the stores of ammunition and provision, and magazines of all sorts, without embezzlement; and that immediately upon the signing these articles, such person as the general shall appoint have leave to inspect them. II. That all deserters that are in the town shall be given up. III. That immediately after signing these articles, all the out-works of the town shall be delivered to such officers as the general shall appoint to take possession of the same; and that the governor shall withdraw all the cannon from the wall. IV. That till the town is surrendered as aforesaid, the general may order such works and batteries to be made as he shall judge convenient, provided he doth not bring them within three yards of the wall, nor the guns within ten yards of the batteries; and that in the town they shall not proceed to work to fortify the same any further. V. In consideration of the said rendition, his excellency gives leave to lieutenant-general D'Ussone, Monsieur Metlett, commissary of war, and the rest of the French officers and soldiers, and others of that nation, now in Galway, to go to Limerick, with their arms, bagg and baggage, whither they shall be safely conducted the nearest way; and, in case that the said lieutenant-general his D'Ussone shall want horses to carry equipage thither, the general will furnish him with them. VI. That such of the garrison as desire it may remain in town, or go to their respective homes, and enjoy the benefit of this capitulation; and the rest shall march to Limerick, with their arms, six pieces of cannon, drums beating, colours flying, match lighted, bullet in mouth, and as much ammunition and provisions as each officer and soldier can carry with him; and that they shall be furnished with draft horses and harness for their guns if they want them, which said guns they shall have liberty to choose, provided they take none above twelve pounders. VII. That the wounded and sick officers may stay in town till they are cured; and that then they shall be sent to Limerick with a safe conduct, and, in the mean time, shall be provided in town with necessaries for their cure and subsistence. VIII. That the governor, constable, mayor, sheriffs, aldermen, burgesses, freemen and natives reputed ones by any former charter or reputed of Galway, and the inhabitants thereof, or the charter of king James II. granted before his abdication, or any of his ancestors, shall have a general pardon of all attainders, outlawries, treasons, felonies, premunires, and all manner of offences committed since the beginning of the said king James's reign to the date hereof. IX. That all and every of the garrison, officers, governor, constable, mayor, sheriffs, aldermen, burgesses, freemen and inhabitants aforesaid, shall enjoy and possess their estates, real and personal, and all other liberties and immunities, as they held or ought to have held under the acts of settlement and explanation, or otherwise, by the laws of the kingdom, freely discharged from all crown rents, quit rents and all other charges, to the date hereof. X. That the names of the Roman Catholic clergy of the town of Galway be given to the general on or before Tuesday next, and that they, as well as the laity of the said town, shall have the private exercise of their religion, and that the said clergy shall be protected in their persons and goods. XI. That the gentlemen of estates, now belonging to the town and garrison of Galway, shall have liberty to keep a gun in their houses for the defence of the same, and wear a sword and case of pistols if they think fit. XII. That all Roman Catholic lawyers of the said town shall have the free liberty of practice that they had in king Charles the Second's time. XIII. That such of the officers belonging to any of the regiments that are now in Galway, and not present at the signing of these capitulations, shall have the benefit of the same, provided they shall submit within three weeks to the governor of Galway, for the time being, who shall be appointed by the general; or, that they shall have a safe conduct to go to Limerick, in the same manner as the said garrison hath. XIV. That such other persons now in town as desire to go out with the garrison, or such part thereof as goes to Limerick, shall have liberty to do so, and carry their families and goods along with them; and that such officers' wives, belonging to the said garrison, as are there, or in any part of Connaught, may, at the same time, depart with their goods, or at any other convenient time afterwards, particularly colonel Edmund Ryley's wife, mother and family, the lady Eveagh and her daughter, and lieutenant colonel Luke Ryley, his brother Philip Ryley, their wives and families. XV. That immediately all acts of hostility shall cease on both sides; and that if it shall happen that any provoking language shall pass between the soldiers, they shall be punished by their respective officers for the same, and not permitted to fire one upon another. XVI. That for the due performance of these articles, the governor shall immediately give the persons undernamed for hostages: Earl of Clanricarde. Colonel Dominick Browne. Lastly, the general promises to have these capitulations ratified by their majesties, within the space of three months from the date hereof, or sooner if possible. And whereas the said town of Galway hath been since, in pursuance of the said articles, surrendered unto us; know ye that we, having considered of the said articles, are graciously pleased hereby to declare that we do, as far as in us lies, ratifie and confirm the same, and every clause, matter and thing therein contained; and as to such part thereof for which an act of parliament shall be found to be necessary, we shall recommend the same to be made good by parliament, and shall give our royal assent to any bill or bills that shall be passed by our two houses of parliament for that purpose: Provided always, and our will and pleasure is, that these our letters patents shall be enrolled in our court of chancery in our said kingdom of Ireland, within one year next ensuing.-In witness whereof we have caused these our letters to be made patent. Witness ourselves, at Westminster, the 17th day of February, in the fourth year of our reign. NUMBER X. A Schedule of all such Ingate and Outgate Customes, Tolls and other Duties, which, by agreement between the Corporation and Merchants of the Town of Galway, are for the future to be paid in lieu of the former Tolls and Customs. Martis 13°. die Aprilis, 1762. Out of every Winchester barrel containing four bushels or twenty stones of wheat, or meal of wheat, to pay 2d. and so in proportion for a lesser quantity. Every such barrel of bere, barley, malt, or meal of barley or bere, to pay 1d. and so in proportion for a lesser quantity. Every such barrel of oats, or fourteen stones, or four bushels of oatenmeal, 1d. and so in proportion for a lesser quantity. The above to be paid in lieu of the tolls hitherto taken out of said grain or meal. All the above grain or meal to pay, besides ingateage, one halfpenny per barrel; the said grain and meal to pay, according to act of parliament, per barrel for weighing, provided the same be weighed. All corn bought in the country by malsters, or any other private persons, to pay ld. per barrel gateage or custom, and no other duty, provided it is not weighed in the market-house: the malsters to be sworn before the mayor to give a just return of all bere, oats and barley, at the request of the toll gatherers. For every cow, bullock, bull or ox to be slaughtered for market, to pay 2d. For every cow, bullock, bull or ox slaughtered for exportation, to pay 1d. For every sheep to be slaughtered for market to pay one halfpenny, and the same for a veal. For every carcass of beef slaughtered within the liberties, and brought into town to be sold, to pay 2d. and those without the liberties to pay 3d. For every sheep to be slaughtered within the liberties, and brought into the town to be sold, to pay 1d. For every calf one farthing. For every large hog 1d. For every small hog one halfpenny. For every goat 1d. For every kid one halfpenny, and for every lamb one halfpenny. For every raw hide brought into the town to be sold, or to be sold in the suburbs, 1d. For every tanned hide brought into the town to be sold, or to be sold in the suburbs, Id. No custom for the tanned hides tanned within the suburbs, bought of tanners living within the suburbs, or brought into the town to be sworn before the mayor. For every hundred weight of rendered tallow brought into the town to be sold to pay 2d. every half hundred Id. less to pay in proportion. For every hundred weight cask of butter 1d. For a large cask of butter 2d. and so in proportion. For every bag of wool, five hundred weight, 4d. For every bag of ditta from three hundred to five hundred weight 3d. For every bag of ditto from one hundred to three hundred weight 2d. For every single stoneld. and so in proportion downwards.-N. B. custom for feathers as for wool.-For every bag of hops to be sold 3d. For every pocket of hops 2d. For every half bag of ditto 2d. For every horse-load of bark to be sold at the market 1d. For every horse-load of ditto to be delivered to the tanners one halfpenny. For every hogshead of wine or spirits brought into the town by land carriage to pay 3d. For every pipe or butt of ditto to pay 6d. For every quarter cask or half hogshead of ditto to pay 2d. For every hogshead of cider to be sold 2d. For every hogshead of porter 3d. For every hogshead of oil 3d. For every half ditto 2d. For every hundred stones of Spanish iron 1s. and less in proportion. For every load of fish going into the country to pay 1d.; a lesser quantity to pay one halfpenny. For every car-load of soap to pay 3d. For every load of soap to pay 2d. For every car-load of merchants' goods coming from any other province and brought into the town to pay 3d. and no more. For every car-load of goods not specified in this schedule, and which has hitherto paid custom coming from the province of Connaught into the town, to pay Id. and no more. For every car-load of goods going out of the gates to pay 2d. and every horse-load to pay 14d.; nothing under fifty pounds weight to pay any thing. All the aforesaid duties and gateage are agreed to be given in lieu for, and so long as no charter duties shall be demanded by the corporation on goods imported into said town, or exported from it, and no longer, it being the intent to ease and improve the trade of said town, for the mutual advantage of both town and country, to establish peace and harmony in said town, as also to declare that no goods imported or exported by sea to or from Galway, and which shall pay the king's duties, shall be chargeable with any ingate customs, tolls or duties, (fish as aforesaid only excepted;) neither are any provisions coming into or going out of said town, for the private use of any resident in said town, to pay any gateage, custom, toll or duty; neither shall there be any gateage, custom, toll or duty paid for any turf, milk, eggs, poultry, fresh butter in rolls or prints, hay or straw; nor shall any fish coming from the Claddagh, to be sold in the public fish-market, be liable or chargeable with any custom, toll or duty of any kind, either at the gate or at the market. Timber of all kinds going into the town, or for the use of the town, for ships or boats, are to pay nothing; small parcels of boards to pay nothing; five to pay one halfpenny, ten one penny, fifteen three halfpence, and a carload two-pence. Liquors under a dozen bottles to pay nothing, and to pay one farthing a dozen if under a horse-load.—Com.Jour、 INDEX. Admiralty of the bay of Galway, 285, note. 109. Albanagh, Sir William de Burgh, the first M'William Altars in St. Nicholas' church, 246, note. Annaghdown, ancient diocess of, 68. Anaghkeene, Sir William de Burgh of, the first M'William Ardfry, Sir Richard Blake's house at, pillaged by captain Armada, Spanish, one of the vessels wrecked in the bay, 93; Arms of Galway, 25, 57; note, 197. Arran, Islands of, 5, 52, 63, 82, 207, addenda. Articles upon the submission of Galway, 114, note; upon the Assizes first established in Connaught, 98, note. Athlone bridge built, 39, note. Aughrim, battle of, 156. Augustine's, St. fort built, 97; surrendered, 121; demolished, 122. Augustinian friary, 278; nunnery, 278. Ausoba, bay of Galway according to Ptolemy, 5. Ballinasloe, fairs of, 287, note. Ballymanagh, fort of, built, 102. Barrett, family of, 21, 25. Bay of Galway, 4, 279. Begg, family of, 21. Bellasyse, Sir Henry, appointed governor of Galway, 162; Bells in St. Nicholas' church, 248, note. Richard de, defeats Fedhlim O'Conor, 54; his warlike character, ib. note. --, Sir Richard, governor of Connaught, his rigor Black petition against the Catholics, 183, note. Bruce, Edward, invades Ireland, 53; defeats the earl of Burgh, Sir William leigh de, founds the Franciscan abbey, Burgo, William Fitz-Andelm de, ancestor of the family of Richard de, obtains a grant of Connaught from Walter, &c. defeated by Hugh O'Conor, 49; dies in Richard de, the red earl of Ulster, succeeds, 49; Burke, family of, 21, 25, 44. colonel John, arrives in Galway, 119; declares against By-laws, 64, 85, 198. Castle of Galway built, 39; repaired and fortified, 47, 48. Catholic natives and inhabitants admitted to their freedom Charles II. his letter to the mayor of Galway, 125; letter to Charters granted to the corporation, 229. Claddagh, account of, 292, note. Clan-na-gall, English settlers in Galway so called, 2. Clandonnells, sept of the, 21, 86. Clanfirgail, ancient district of, 3. Clanmorris, lord, forced into rebellion, 116. Clanricarde, origin of the name, 55. |