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beene in a fayer and florishing estate, but by reason y' the sheriffs, for gratuities or some privat consideration, hould theire countie courts in divers obscure villages, where neyther lodginges nor entertaynments can bee expected; and that, by the favor of the Custos Botulorum and of the Justices of the peace, the quarter sessions are kept at other places in the said countie, and yc generall Assizes are alsoe removed to Gallway, and yet the said Gaole and prisoners being still left in the said Towne of Athenry, the poore inhabitants thereof, bearinge the charge and danger of the prisoners, and havinge noe benefitt by the courte, the said towne is fallen againe into its fformer misery and desolation, out of wch there is but smale hope of rayseinge it, unles yor honnors favor bee expended towards it. For as much, therefore, as it is equall and just that they that feele the burthen of the Gaole, should tast of the bennefitt of som of the said courts; and for that by the statute the county courts should be kept in some one certeyne place; and for that the said towne is well waled and fortified, and seated in the most convenient place of the said county; and for that it would much conduce to the weale publique of the whole county aforesaid, for encresinge of trade and comcrce, to have the said towne well peopled and frequented; your petitioners most humbly pray that the said quarter Sessions, Assizes and county courts, by your honors comaund, may bee continually kepte in the said Towne of Athenry, or els that the said Gaole may bee removed to some of the townes where the said Courtes are kepte, Andyoure petitioners wiD ever pray," &c.—Orig.
See p. 196, ante, for a deed of feoffment by Philip, the son of William Erla, of premisses iu Athenry, in A. D. 1391. A coeval indorsement on this deed, states that the grantor was called Bermingham, "Carta de Bremigham dicto Phillipo Erla." This indorsement seems to prove the truth of an old tradition that the sept of "Erla" was a branch of the Berminghams, formerly barons of Athenry, and the most ancient Anglo-Norman barons of Ireland. The title is now extinct, or perhaps only in abeyance. Mr. Kilroy of Gal way, the respectable proprietor of the hotel there, is maternally descended from the Erla family. Some individuals of the name Erla, may still be traced in the vicinity of Athenry, but sunk in poverty. The old "Cittie" itself, once the bulwark of the Anglo-Normans in Connaught, is now reduced to the state of an insignificant village.
NOTE X. See page 105. "Abbey of Tombeola."
O'Heyn and De Burgo have collected all the information, probably extant in Ireland, respecting this old foundation; but it is also probable that further particulars may yet be discovered in the Irish Monastic Records preserved in Rome, and other parts of the Continent of Europe. Belonging to the same order as Tombeola, Irish Arch. soc. No. 15. 2 N viz.
viz., that of the Dominicans, was " Our Lady's Church" mentioned by our author, p. 39, ante. The following unique compact relating to this latter foundation has been transcribed by the Editor, from the Original still preserved in the convent.
"A. D. 1651. "This Indenture witnesseth, that whereas Saint Dominick's abbey near Gallway in the Weast Francheses of the same, commonly called Our Lady's church, in theise combustious and warlicke tyrnes, is found noisome and of dangerous consequence to the safety and preservation of this Toune of Gallway, if possessed by the enemies, as late experience declared when the same was possessed by The Lord Forbous, and the Parleiment partie under his conduct. Whereupon, the Mayor, sherifs, free Burgesses and Commonaltye of the said Towne of Gallway, and the Countie of the said Towne of Gallway, conceaved it necessary to pull downe and demolish the said Abbey for the preservation and safty of the said Toune. Whereunto they craved the consent of father Pierce Buthler now prior of the religious Order of the Dominicans in Gallway, and the rest of the said convent, who for the good and securitie of the said Toune and Corporacion, their freinds and benefactors, have thereunto consented; the said Toune and Corporacion promissing, assumeing, and undertaking, in tyme of peace to re-edifie soe much thereof, as appears in the scedule hereunto annexed to have beene by them broken downe, and leave the said abbey in as good case as they have found it when they pulled it doune, or as much woorke as the same may come into in true vallue, within their francheses, as to the prior and convent of the said abbey, for the tyme beeing, shalbe tought meete and required: in consideration and pursuance whereof, wee Oliver French Knight, mayor of his Ma"" towne of Gallway, James French Fitz Edd. and Peeter Lynch Fitz Anthony sheriffes and free burgesses, and eoumonality of the said Toune of Gallway, doe by theise presents promisse, covenant, undertake and assume to and with the prior and convent of the said Abbey of St. Dominick's Order and their successors, that the Corporation of Gallway shall after theise warrs in hand, and peace established in this Kingdome, build, erect and re-edifie the said Monasterie, and leave the same in as good condition, plight, manner and forme as the same was at the tyme of pulling doune and demolishing of the same, and alsoe to performe all such covenants, provisos and undertakeings, as the said Corporation of Gallway have formerly engadged themselves, under their common stale, for or concearning the re-edifieing of the said Monasterie; and that wee the said Corporacion shall build and erect as much woorke as the same will come unto, there or any where else without this Towne, or in the liberties thereof, on their owne ground, for the said prior for the tyme being, in dischardge of our consciences, the honnor of our B. Lady and advanceing of Holly Church, and y' before any other woorke shall be
donn donn for any other religious work, within the corporacion or francheses of the same. In Wittness whereof, wee the Maior, Sheriffes, free Burgesses and Coumonalitye have heereunto putt our coumon seall; Given at our Toulsell of Gallway, the twentie day of September, in the yeare of our Lord God one tousand, six hundred, fiftie and one."—Orig.
The following document, relating to the same foundation, may be considered curious, as describing the particular divisions and dimensions of the old church alluded to.
"A true relation and returne of the undernamed persons, qualified by the Mayor and Prior of the said Convent, to try the particulars that were demolished and pulled doune of S'. Dominickes abbey, otherwise called our Ladie's Church, in the West Francheses of Gallway, upon presseing occations, in order to the preservation of this Toune against the Parlement forces under the comaund of Sr. Charles Coote, now incamped aboute this Towne, 10° Augusti 1651. "Ittim first, there are sixtie seaven feete longe in the side of the church, next the
doore In the side oppositt to the same, from the pincle of the stiple, sixtie fower
foot longe.—From the stiple to the pincle of the queere, seaventie fower foote longe. Fortie fower foote in breath, betweene both the wall, with fower arches in the midle, in the bodie of the church—Twenty two foote broade in the queere betweene both the wales—In the chapel, towards the north, nyneteene foote longe, sixteene foote broade, and twelve foote in hight in the wall. In the wale of the bodie of the church and queere, twenty three foote in hight to the battlement, and the wale in tickness two foote and nyne enciis.—Lasorous house is twentie seaven foote longe, twenty foote broade, eighteen foote high, with two chimneys, six windowes, one of which is two lights and the rest one light.—In the bodie of the church three windowes of three lights, and two gables of three lights.—In the chaple three windowes of three lights, and one gable of three lights.—One gable of five lights in the pinicle of the queere, one gable of two lights in the side of the queere, six windowes of one light in the north side of the queere, and one window of two lights in the north (south) side.—All this, besids the battlement and breast wall of the same, together with a small stiple, the most of all being made of hued stone, weare demolished and pulled downe as aforesaid.—If any of the said battlement or hued stones be brought home for the use of St. Nicholas' Church, payment or satisfaction is to be made to the said religious order. "walter Browne Fitz-marcus. Christo: Bodkin. Alexander Linche. Martin French, Chamberlvne [ ]."—Orig.
For a view of " Our Lady's Church," taken before it was so demolished, see the great
2 N 2 map map of Gal way, made A. D. 1651, and preserved in the library of Trinity College, Dublin. On the above compact, John O'Heyn (for whom see Harris's Ware, voL ii. p. 295), writes as follows: "Ecclesia erat vetustissima, sed a Fundamentis destructa est ex Concilio Catholicorum Civium, ne Inimicus Cromuellus, obsessurus eundem Locum, Fortalitium sibi faceret in ilia Ecclesia. Ex communi tamen Consensu totus Magistratus spopondit, quod, advertante Pace, totus Conventus remdificaretur in Forma, priori, Expensis Civium, et si sperata Tranquillitas affulsisset in Patria, id facerent proculdubio, erant enim valde pii, et potentissimi Divitiis multis accedentibus ex ingenti Commercio maritimo, quo hie Locus exuberat specialiter pra? reliquis Regni Partibus."—Epilog, p. 22.
NOTE Y. See page 109, note (m). "Mageoghegan family." In A. D. 1567, the head or chief of this great and ancient Irish family was Conly Mac Geoghegan of Kinaleagh (CinealFiachack) in Westmeath; respecting whom Queen Elizabeth, in that year, directed the following letter (now first printed) under her sign manual and signet, to the lord deputy and chancellor of Ireland.
"Elizabeth, "By the Quene.
"Right trusty and welbeloved, wee greete you well. Wheras Conley Mac Geoghegan of Kenaleagh, our faithfull and lowinge subject, hath humbly submitted himself to our trustie and welbeloved Sir Henry Sidney, knight of our order, and deputy of our realme of Ireland, recognising himself as a faithfull subject to us and our erowne, offringe to surrender his estate for him and his sequele, and to receave from us an estate according to our pleasure. We in consideration of his said submission and offers, are pleased to accept and allow him as our liege man and faithfull subject; and are pleased that he shall receave from us these graces and speciall favors in maner and
l'orme followinge First, that the said Conley Mac Geoghegan deliver unto you our
said deputy, a full and pleyne particular, note and extent of all the manors, castells, lordshipps, landes, tenements, signories, rules, rents, duetyes, custumes, and comodities whereof he is by any maner of meane seised at this present. And after, we will and order, that our chauncellor shall accept and receave of the said Conley Mac Geoghegan, by dede to be inrolled in our court of Chancery within that our realme of Irland, the submission of the said Conley Mac Geoghegan, and the surrender and resignation of his name of Conley Mac Geoghegan, and of all the said manors, castells, lordships, seignoryes, rules, hereditaments, comodities, and profits, with all and singular their appurtenances—After which submission and surrender so made, our pleasure is, that you our said deputy cause our letters patents, under our great seale of that our realme, to
be be made to the said Conley Mac Geoghegan during his lyfe; the remaynder to his sonne Rosse alias Roger and the heyres males of his body; and the remainder after them to the heyres males of the body of the said Conley lawfully to be begotten, of all the said castells, manors, lands, tenements, and hereditaments, to hold of us, our heires and successors, in capite by knight's service, and yeldinge, payenge, contributinge and doinge to us, our heires and successors, all souch rents, services and attendance, as now by any lawe, composition, use or custome he is bound or might have, with souch words of variance as to you our said deputy, by assent of the said Conley Mac Geoghegan, shalbe thought convenient. Neverthelesse, yf it shall seeme necessary to our said deputy to alter or change the said rents, duties and attendance, which the said Conley is presently holden to doe, into other kynds meeter for our service, we authorise you so to do. Item, our pleasure is, in consideration that all manner of obedience is by the said Conley Mac Geoghegan, for him and his, offred to us, that is due from a good and faitbfull subject, that the said Conley and his said heyres males of his body, their issues, ofspringe, posteritie, sequele, servants, tenants and followers, shall to the uttermost of their powers, contynue for ever faithfull, true and loyall subjects to us, our heires and successors, as others our subjects of that realme are bounden by their allegiance to do: And, in like manner, shall accept, obey, effectually accomplishe and fulfill the statutes, lawes, writts, processe and ordinances of us our heires and successors. And if you our said deputy and counsayll there thinke necessary to deale with the said Conley more particularly, we are pleased that you shall and may add to the said letters patents so to him to be made, such farther articles and covenants on his parte to be observed by him, his said heires, sequele and followers, for their better instruction how to behave themselves towards us our heires and successors, and to all other our lovinge subjects, as to you shalbe thought mete and convenient. In consideration whereof let it be expressed in the said letters patents, that we accepts him, his said heires, posteritie, servants and followers, into our protection, to be used, supported, favored, maynteyned and defended as any outher of our lovinge subjects, and to be free and exempt from the exactions, servitude and oppression of all others, contrary to our lawes, demandinge any thinge of him or them. Yeven under our signet, at our Pallais of Westminster, the last day of February 1567,