« PreviousContinue »
deade of the said Blaks, but also showth fourthe a decrey given in ther ffaivor, concerning the same rents, bearing date at Galway the ix.'* of January anc r. r. Henrici octavi primo, Mdix. together and an arbitrement made betuxt them and the said Ric. concerning the same mater, bearing date at Galway the XLth day of October anc r. r. H. octa. xxxim.  wherein the said Richard, his heirs and assignes, was condempned to pay unto the said wardean, viccaries and to ther successoures, the wholl quantitie and somes mencioned in the said old deade made and delivered by the said Blakes. And considering the sam in every condicon requiereth the mayor and concell aforsaid, not onely to compell the said Richard to restore unto them tharreradgs of theass xv. yers past, but also and as well to compell the said Richard and his heires to seass from hensfourth of his unjuste usurpasson in that behalf. The said Richard therunto answered and said, that altho the said mater to be alwais judgid and arbitird agenst him and against his forfathers, yet he afirmeth that in the sam arbitrement it was adwardid to him, to have suche pledge as the said wardian and vicarres had of him; and said also that he holdeth the sam anuall rents onely for his pledges, and not for any other contradiccon or contempt of his predecessoures donacions. And requiereth to have his said pledge, and, having the sam, he is content to confirm his forfather's graunts, graunted to the said colladge, as well of him during his naturall lyf, as also of and from his heirs and assigns for evermor. So the said wardian and viccariis consultid together, and be conssent of the mayor and consaill aforsaid, in awoyding fourther chardges or demaunds to ensue in that behalf, therfor imediately, the wardian and vicariis delivered unto thands of the said Blak, wholl payment and ffull satissfaccion in all his demaunds, to his owen deassir and full contentacon. And lyckwiss the said Richard, and his sonn and principall heir, John Blak, tendering the benediccon of ther predeccessours, and also fearing the mallediccon and cours of ther said forfathers, which at ther wills might make ther franck almes (ad pias causas) and to thentent, that the said Richard and John, ther heirs and assigns, may be nombered amongest that rest of ther said predecessours, and to thagumenctacon of God's divin servic, quotidially ussid in the said churche be the said wardian, viccariis and ther successours for ever mor. Ther for we the said Richard and John, of or owen voluntary wills, for and in the honor of God, do hierby theass presents confirm, not onely all and singler our said forther's graunts, donacons and gifts, given to the said wardian and viccariis, and to ther successours, in ther owen kynnds and in every condiccon, as in thold donaccons maketh mencon, within and without Galway, as the divicon is made, and as it is written be partialis in the said colladgs bowke; but also and as well we do giv and graunt unto the said wardian and viccariis, and to their successours, all and singuler the said rents, as fower marks
sterling sterling yerly within and without Galway, upon the veray sam lands and tenements as mak mencon in the said colladge is bowke, any clames, titells, challandgs or rights that we have had, or that hierafter our heirs or assign is might have hadd, or of right ogt to have in any the said yerly rents, to the contrary notwithstanding. And lyck as our said predeccessours willed and comaunded us to obey and perform ther wills, upon payn of ther mallediccon or curs, lyckwiss we do chardge and comaund all or heirs, successoursandassignis, into whoss hands any parte or parcells of the said lands or tenements cometh, to obey and performe this our donacon, ffrom tyme to tym, and pay the said anuall rents as in the said colladg bouk menconed, and this upon payn of our curss and mallediccons. Alwais requiering thordinary for the time beinge, to causs the sam to be observed, and lickwiss comaunding the maior for the tyme being to se the same put in execucon accordingly, upon payn menconed in the said old donacons. To have and to hold the said yerly rents perpetually for evermore, to the said wardian, vicariis and to ther successours, of and from us our heirs, executours and assignis for evermor be theass presents. In witnes hierof, we not only confirmid the said arbitrement with our hands, but also and for the more assuraunc set hierunto our signis and sealls, and willid the notary to writ and sign the sam, at Galway the third day of Marche, annis r. r. Phi. et Marie quarto et quincto, Mdlviii0. Being present, the Reverend father in God Cristopher archebusopp of Tuamencis, Mr. Jamy Linch fitz-Ric. maior, Ric. and Walter Linch bailivis, Jamy Kyrevan and David Kyrewan proctouris of the said churche, Thomas Martin Johnneg and Nichas Linch fitz-Stephen, Thomas and Nichas Blak, and Thomas Colman Notary, and other divers. —per me, Richard Blake fyz-Sefre—per my, John Blake fyz-Rychard"—Orig.
"Order touching Srowher, etc. "A.D. 1569. "By the L. Presydent and Counsell of Connaghte. "Where as complaint hath bene made unto us by the Warden and Collegiatts of Sc. Nycholas churche of Galway, that John Boorke, nowe Cheryfe of Connaght, and Walter and Willm. Boourke fitz John fitz Meyller wrongfully dispossessed them of the profitts and fruicts of the vicaradges of Srowher, Skryne in Tome, and Kerdagh (parcell of the ly vinge united unto their sayd colledge), pretending title there unto in the right and behalf of Sir John mc Willm prest, Dermot O Rowan, and John O Doroghe: against whome the sayd Warden and collegiats produced an order before us, in the deffeuce of their title, passed and geven by Sir Thomas Cusak and others her Mat" comyssioners; whereby it dose appeare that the sayd John me Willm, Dermot 0 Rowane and John O Doroghe had not any lawfull title or intereste, in or to the
2 H 2 said said premysses, and the above named defendants, being also called, to answere before us, cowld shewe nothing matteriall to deffeat the same. We, therefore, after due hearing and examenyng of the matter, do confyrme and rattiffie the sayde order taken by the sayd Comyssioners, as just, and agreeing with equit & good conscyence. And also, do, by theis presents, order, adiudge adwarde and decree that the sayd John Boorke, sheryfe, and Walter and Willm. Boourke shall hensfourthe in no wyse interupte or moleste the pis; of or in their quiet and peaceable possession and enjoying the vicarrodgs of Srowher, Skryne in Tome, and Kenlagh aforesayd, but shall suffer them or their assignes, in quiet and peaceable maner, to receve, perceive, and tak up, from tyme to tyme, all such fruicts, profyts and comodyties, whatsoever, to them belonging, without eny theire lett or ympechment . And further, it is orderd that the sheryfe, John Boorke, shall sattisfie the sayd complaynents of or for all things taken up by hym, synce the date of the above menconed order (which was takene the vii. of January 1568.) savingefor such of the sayd profitts as he enjoyed by the graunt of John Mc Willm prest, who served as currate in the sayd viccaradge of Skryne, (under the sayd pis.) being the iiii.th parte of the profitts of the Benefice aforesayd (and this in consyderacon of a contract made with the sayd John Boorke) whych iiii.0' parte also he shall only have for the tyme paste, and hensfourthe shall forgoe and disclayme frome the whole, permytting the pu. the quiet and peaceable possession & sysyne of the premysses, without his disturbanc, so as the said p1'. viz. the Wardene and collegeats, and their successours, have not further cause to complayne. Yeven at Gallway the x.th of December 1569.
"Concordat cum originali.
"John Crofton, Cons. Con."—Orig.
"Inquisittioo/the Duties and Rights of St Nicholas his Churche.
"Visu ffranci plegii of our Soveraigne 1. and kinge, James, in the vii.th
1. Ulicke Lynch fitz-Edd. of Gallwey, alderman.
2. Thomas Browne of the same, alderman.
3. Anthony Kirvane of the same, merchaunt.
4. James Lynch fitz- Henry the younger of the same, merchaunt.
5. Arthur Lynch fitz-James of the same, merchaunt.
6. Patricke Blake fitz-John of the same, merchaunt.
7. Edmund Athie of the same, merchaunt .
8. Martine Lynch fitz-Martine of the same, merchaunt.
9. Arthur Bodkyne of the same, merchaunt.
10. Nicholas Martyne fitz-John of the same, merchaunt.
11. Christophor Bodkyne fitz-Richard of the same, merchaunt.
12. Clement Kirvane fitz-Patrick of the same, merchaunt.
13. Martine Bige of the same, merchaunt.
14. Teig Ballaghe of the same, showmaker.
15. Gillepatricke me Coghlane of the same, weawer.
16. Dermott mc ffollane of the same, brogmakere.
17. Willm 0 Many of the same, cottner.
18. Walter Shoy of the same, Taylour.
19. Nicholas Nolane of the same, Goldsmyth.
20. Muriertagh Mc Inylley of the same, Glower.
21. Donnell O'Mollhane of the same, Cooper.
22. Connor Dufife of the same, Fisherman.
23. Davy O'Ffodaghe of the same, Boathman.
24. Loughlin of the same, fresh-water fisherman.
"1. First, we fynde, that according the olde ancient custome, theheires or exec, of every gent, fremane, Burgesse or merchaunt of this towne, their wifis or children, of what degree soever he or they be, that shall departe this worlde, is to deliver or pay unto the church wardain, towards the reparacon of the church aforesaid, the second best garment (viz. gowne or cloke) he, or they soe departed had at the tyme of his death, or the value thereof, at the choies or discretion of the said heire or exec .
"Item, we ffynd that all the comonaltie or laymen of the said towne, which hath or would have there buriall within the body of the said parish church, are to pay or deliver the best cloacke or maunttell he or they soe departed had at the tyme of his death, or the just value thereof, to the church wardian, towards the reparacion aforesaid, or otherwise to be buried in the church-yard.
"2. Item, we ffynd, that all and every yong artificer of the inhabitants of this towne or the subarbes thereof, viz1, as massons, carpenters, joyners, houppers, fresh watter and salt watter fishers, gold smythes, blake smythes, brassers or pott makers, tinckers, peatterers, English and*Irish tayolors, Irish and English showmakers, glowers, weawers, and cottoners, with all and every other craft, science or trade what soever he or they be of, shall at his first coming to be free with the rest of his professed occupation, before he exercise, or occupie his arte, sattisfBe and pay unto the church wardeine, fiv shillinges ster. towarde the reparacion aforesaid.
"Item, we ffynde it convenient, that all and every such person or persons whatsoever from hence fourth, in this towne, as shall tacke chardge uppon hime or them to be masters of a boath, either by sea or river, shall sattisfie and pay, for his income to the church wardiane, fiv shillings ster. towards the reparacion aforesaid, excepting such fishermen as formerlye paied the same.
"3. Item, we ffynde it lickewise decent, that all and every such backers, as are at this present or hereafter shalbe in this towne, or the subarbes thereof, and chiefflye Walter Shoy, Humphrey Poinard, William Reagh, Dermott O'Nolane and Moyller O'Hallorane, and ther successors backers, shall pay unto the church wardiane aforesaid, towards the foresaid reparacone, the some of ffyve shillings sterl. yncome, apice, forbyding any other hereafter to use or occupie that traid, without the speciall liscence, and agreement of the said church wardian, and the rest of that company.
"4. Item, we ffynde it meette, that Walter Costelly, Margrett Coocke widow, and Kaffe the candell makers, shall pay unto the church wardian aforesaid, fiv shillings ster. the yire, to the use aforesaide; inhibiting any other what soever hereafter, to use or occuppie that trade, without the speciall liscence and agreement of the forsaid company and church wardiane.
"5. Item, we ffinde in like manner, that Donnell me Robage now tannere, and all others that is, or shalbe hereafter of that trade, shall according the rest of the artificers, sattisffie, and pay unto the church wardian aforesaid fyve shillings ster. apice, towards the reparacion aforesaid ; forbiding any other hereafter to use or occupie that trade without the liscence and agreement of the foresaid church wardiane, and the rest of that company of tanners.
"6. Item, we ffynd, that in the old ancient tyme, it hath been used and acoustomed in this towne, that every manner of persone or persones what soever, which did, or should brywe within this towne or the suborbes thereof, aille or beere to sell, should pay unto the church wardiane aforsaide, one pottell of the said beere or aille, for every brywing; which we doe lickewise confirme and alowe hereby; And for that, in consideracione as the same cannott be tacken up and reared by the church wardiane, we