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against the sheriff, for returning so insufficient, indeed we conceived so packed, a jury, and therefore we fined the sheriff in 1000l. to his majesty, the jurors in 40001. each, and to be imprisoned until the fines should be paid, and until they should acknowledge their offence in court upon their knees."-The jurors petitioned to be discharged, but were refused, except upon condition of their making a public acknowledgment that they committed not only an error in judgment but even actual perjury in their verdict, terms which they disdainfully rejected. The sheriff died in prison, owing to severe treatment, and the jury were most cruelly used, until, after suffering all the rigors of confinement, their fines were reduced, and themselves released, at the solicitation of the earl of Clanricarde. ' The lord deputy, still determined to carry his point, again caused two further commissions to issue; the one, to find the king's title to the county; and the other, to the county of the town of Galway. The commissioners met at St. Francis's abbey, on the 5th of April, 1637, when the present county jury, terrified at the example made of the former, was induced to find for the crown, as did the jury of the county of the town the day after, in the tholsel-hall. Upon the return of these findings, the county was planted at a double rate, and the natives lost one-half of their lands, whereas the other less refractory counties lost but one-fourth. Thus terminated, through the influence of power, this illegal proceeding, for which, with other arbitrary measures resorted to in England, and during his government here, the ill-fated Strafford afterwards lost his head; but

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1 State Letters.

* The lord deputy, in a letter to Christopher Wandesford, Esq. master of the rolls, from London, 25th July, 1636, expresses himself on this occurrence in the following unfeeling manner:-"I am full of belief they will lay Darcye the sheriffe's death to me. My arrows are cruel that wound so mortally; but I should be more sorry the king should lose his fine; therefore I pray you consult it thorowly with the judges."-Id.

Carte.-The following extract, from the grievances voted "real" by the commons, towards the end of the Strafford administration, has been supposed, with every probability, to allude to this case of the Galway jury, viz. "That jurors, who gave their verdict according to their consciences, were censured in the castle chamber, in great fines, sometimes pillored, with loss of ears, and bored thro' the tongue, and sometimes marked in the forehead with an iron, with other infamous punishments."-Curry.

The following extract from this memorable record will be found not undeserving of perusal.—The inquiry was held at the tholsel, on the 6th of April, 1637.

PRESIDING COMMISSIONERS.

Lord Ranelagh, president of Connaught.
The archbishop of Tuam.

Robert, bishop of Elphin.

Sir Charles Coote.

James Barry, second baron of the Exchequer.
James Donnellan, chief justice of Connaught.

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its injurious effects, without benefiting the crown, were lasting and considerable. Irritated beyond measure at so glaring an act of injustice openly committed against them, after so many royal assurances in their favor, the gentlemen of the county loudly proclaimed their discontent, and fixed resolution to embrace any opportunity which might offer to be revenged; and of the reality of their determination, the fatal events, which soon after took place, afforded melancholy proof.

Before entering into a detail of the momentous transactions which immediately follow, it may not be uninteresting to the reader to dwell a little on the state of the town at this period. By the preceding facts, gleaned, with much labor, from the generally imperfect materials which, at this distance, have been spared by the hand of time, it appears that the town of Galway was esteemed the most distinguished of any in the kingdom for wealth and trade, and that it ranked amongst the most considerable for strength and population. The causes which gradually led to this extraordinary change, from its original state of comparative insignificance, appear also to have been its well regulated and increasing commerce for the three preceding centuries; its advantageous situation; but, above all, the enterprizing spirit and tried integrity of its inhabitants, which appeared on many occasions, and which are satisfactorily testified by various records. The extent of its commerce, and that at very remote periods of time, has been proved by indubitable authority; and its excellent situation needs only inspection to be convinced

reign of Henry III. and long before, contained thirty cantreds of land; that Henry III. by letters patent, dated at Westminster, 21st December, 1226, granted twentyfive cantreds, out of the thirty, to Richard De Burgo, upon whose death Walter, otherwise Raymond, his son and heir, entered into possession. Upon his death Richard De Burgo, lord of Connaught, his son and heir, entered into possession; upon whose death, John, his son and successor, entered into possession, and after him William, earl of Ulster and lord of Connaught, his son and heir, became possessed, upon whose death Elizabeth, his only daughter and heiress, entered into possession. That she married Lionel, duke of Clarence, the third son of Edward III. who, in her right, became earl of Ulster and lord of Connaught. That upon their death Philippa, their only daughter and heiress, entered into possession; that she married Edmund Mortimer, earl of March and lord of Trim, who, in her right, became earl of Ulster and lord of Connaught. That, upon their death, Roger, earl of March and lord of Trim, their son and heir, entered into possession, upon whose death they descended to Anne Mortimer, his only daughter and heiress, who married Richard, duke of Cambridge, who, in her right, became earl of Ulster and lord of Connaught. That, upon their death, Richard, duke of York, earl of Ulster and lord of Connaught, their son and heir, entered into possession, and that King Edward IV. was his son and heir. That Henry III. being seized of the five remaining cantreds, not originally granted to Richard De Burgo, they descended to Edward I. his son, and from him, through

the successive kings of England, to Edward IV.

That Edward IV. being thus seized of the entire thirty cantreds, they descended to Edward V. his son, and from him to lady Élizabeth, his sister and heiress, who married Henry VII. That by an act of parliament, made before Sir Edward Poynings, at Drogheda, 10th Henry VII. reciting that the earldoms of March and Ulster and the lordships of Trim and Connaught were annexed to the crown, and that several records, rolls and inquisitions relating to them, were taken out of the treasury of Trim and embezzled, it was enacted that it should be lawful for the king, Henry VII. to enter into all the said lands and lordships. That upon his death Henry VIII. his son, was seized, in right of his crown, of the thirty cantreds. They then found that Henry VIII. exercised his right by granting, by letters patent, to Janet and Stephen Lynch, the fishings of the river of Galway, which were then enjoyed thereunder. They found his charter to the town, his death; Edward VI. his successor, his charter, erecting the church into a collegiate; his death, and Elizabeth, his successor, her charter, and the grant from her to the corporation, dated 11th September, in the twentieth year of her reign; her death, and James I. her successor, his charter and death; and Charles I. his successor, who they found was, on the day of the taking of said inquisition, seized in fee, in right of his crown, of the said thirty cantreds, and of and in the said entire province or dominion of Connaught: and they found that the county of the town of Galway contained, by estimation, thirty-two quarters of free and chargeable land.-Orig. Ing. Rolls Office.

The town, though

of the advantages which must have been derived from it. early incorporated and governed principally by its merchants, was surrounded by a poor country, and persecuted natives, (with whom "the settlers," as they were called, were in a continual state of hostility,) and could consequently derive but few materials for export, or means of industry, from its local situation. The inhabitants, therefore, were obliged to have recourse to distant parts of the kingdom; and by becoming, in fact, the home-importers of the produce of France, Spain and England, and by exchanging the commodities of one country for those of another, the town gradually arrived to its present state of prosperity, while the country in its neighbourhood was immersed in poverty, wretchedness and vice. This opulence, however, was now at its height; henceforth it continued to decline, and gradually sunk almost to nothing, in which condition it continues at the present day. The reader will not be here detained by an investigation of the causes of this decay; it will be reserved for another place, in order to proceed without further interruption to the following chapter.

108

CHAP. V.

FROM 1641 TO THE RESTORATION OF CHARLES II. 1660.

Opulence of Galway at the commencement of the Irish rebellion, 23d October, 1641 — Report of Sir Francis Willoughby, governor of St. Augustine's fort, near Galway, on that event-The care of the earl of Clanricarde to secure the peace of the countyLoyal resolutions of the town-Disputes with the fort-Massacre at Shruel-Revolt of the town, and siege of the fort-The fort relieved, and the town submits to the earl of Clanricarde-Violent proceedings of the governor of the fort-He bombards the town-Lord Forbes arrives with a fleet in the bay-Besieges the town-His barbarous conduct-The fort besieged, taken and demolished-The town declares in favor of the Irish, and against the parliament-Persists in its loyalty to the king-Several fortifications built-Tumults in the town, occasioned by the pope's nuncio on the question of the cessation-Compelled at length to proclaim it-The nuncio departs from Galway-The town advances money to the state-Grateful acknowledgments of Charles II.-Dreadful plague in the town-Marquis of Ormond takes shipping in Galway, and leaves the kingdom-Negociations with the duke of Lorraine-His ambassador arrives in Galway-The town besieged by the parliamentary forces under Sir Charles Coote-Its strenuous defence and final surrender-The plague ragesCruel proceedings against the inhabitants-Licentiousness of the soldiery-Unjust measures of the rulers in Dublin, contrary to the articles of surrender—The corporation new modelled-The ancient inhabitants turned out of the town, and the houses destroyed-Plans of the government relative to Galway-Lands and houses valued and sold-Total decay of the town at the time of the Restoration.

A period is now arrived, which will be for ever memorable in the history of Ireland, and in the transactions of which our town acted a very conspicuous part. Already, for upwards of sixty years, since the troubles raised by the Mac-anEarlas were appeased, Galway enjoyed peace and tranquillity under the rule of its own magistrates. Warmly attached to the ancient religion of the land, firm in its allegiance to the crown, and obedient to the laws, it had arisen to an eminent degree of respectability, wealth and national consequence, when the never to be sufficiently lamented rebellion, or civil war, broke out in Ireland, on the 23d of October, 1641.

Sir Francis Willoughby, who was then governor of St. Augustine's fort, near Galway, (which had been thoroughly repaired at considerable expense, in 1636,

and rendered one of the most complete fortifications in the kingdom,) in the month of October, 1641, departed for Dublin, leaving the fort, with two companies, under the command of his son, captain Anthony Willoughby. He arrived there on the night of the 22d, and stated, in council, that neither at Galway, nor all the way from thence, did he observe the least disposition in any of the inhabitants to rise; nor did he entertain any suspicion for the safety of his own person and yet, had the design of an insurrection been general, he conceived the rebels might have thought the seizing of him of some advantage towards gaining possession of that important fortress. "

a

b

Ulick, the fifth earl of Clanricarde, governor, for life, of the town and county of Galway, having fortunately returned to Ireland in the summer of 1641, was then at his castle of Portumna. " As soon as he heard of the troubles, he took every precaution for the security of the county. On the 28th of October he dispatched messengers to Galway, to Sir Richard Blake, with an account of the breaking out of the rebellion, and directions that the town should be most strict and vigilant in its watch and guards. This information was immediately communicated to the mayor and council: arms and ammunition, with which they were but badly provided, were supplied: orders were issued to strengthen the town gates where they were weak and defective, and the guards and watches were doubled. On the 6th of November his lordship arrived; he remained two days, during which time he put the town and fort in the best possible posture of defence, augmented the two companies of the latter to two hundred men, and directed the mayor and corporation to furnish it with provisions, with which it was but indifferently stored; and, to provide for his own company in Loughrea, he took out of the store-house one hundred firelocks and as many pikes; but more than half of these, upon trial, was found unserviceable. The consternation of the town was considerably increased by the archbishop of Tuam deserting his castle, and flying for refuge to the fort, and the subsequent treacherous surprisal of lord Clanricarde's castle of Aghnenure, in Iar-Connaught, by young Morough-na-dubh O'Flaherty. On the 11th, a general assembly was convened in the tholsel; and it was, amongst other things, unanimously resolved, "that to the last man the said town of Galway would lose their blood and lives in his majesty's service, in the defence, and for the safety of the said fort and town.”

a

Clogher MSS. Trin. Col. Dub.

That the reader may become acquainted with the eharacter of this truly great man, it is given in the words of the biographer of the duke of Ormond, who, in this instance, was particularly just, correct and impartial." He was a man of great piety and strict virtue, regular in his devotion, exemplary in his life, and considerate in all his actions. His natural parts were very good, and much improved by study, observation and reflection;

The fort was furnished with one hundred

In a

but whatever were the accomplishments of his head, the
perfections of his heart were still more eminent.
word, he was truly wise, truly good, and truly honour-
able, and ought to be conveyed down to posterity as one
of the most perfect and rarest patterns of integrity, loy-
alty, constancy, virtue and honour, that the age he lived
in, or any other, has produced."-Carte, Vol. 1. p. 212.-
His lordship was a Catholic peer of England and Ireland,
Vide his Memoirs, London, 1757, fol.

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