NUMBER VIII.

Charter of Charles II. to the Corporation of Galway.

CHARLES the Second, by the grace of GOD, of England, Scotland, France, and Ireland, King, defender of the faith, &c. To All whom these presents shall come, greeting.-WHEREAS by letters under our royall signett and signe manual, bearing date, at our court at Whitehall, the sixteenth day of August, which was in the three and twentyeth yeare of our reygne, directed to our right trusty and well beloved counsellor, John, lord Berkely, our lieutenant-generall and generall governour of our said kingdome of Ireland, and to the chief governor or governors there, for the tyme being, Wee did signifye our royall will and pleasure therein, that, WHEREAS many of the charters of the severall citties and townes, formerly corporate in our said kingdome of Ireland, have been, by reason of the severall miscarriages and misdemeanors of the said citys and townes, during the tyme of the late horrid rebellion in that our kingdome, forfeited unto us, and other of the said corporations are dissolved, or otherwise determined, so that wee may justly reseize all the liberties and franchises that have been by any of our royall ancestors granted to the said corporations, if wee would take the full and utmost advantage that wee legally might against them. And that, WHEREAS wee were graciously pleased, for the encouragement of trade in our said kingdome of Ireland, to extend our favour to such of the said corporations as our said lieutenant-generall and generall-governor of our kingdome of Ireland shall judge best merritting the same, and to grant unto them new charters, with such lands and other priviledges, liberties and advantages formerly belonging unto them, as should appear unto our said Lieutenant-generall and generall-governor of Ireland to be fitt and reasonable to bee granted unto them: Wee did, therefore, by our said letters, declare our royal will and pleasure, and did thereby give unto our said lieutenant-generall and generall-governor of our said kingdome of Ireland, full power and authority to make due inspection into the severall charters formerly granted by any of our royall ancestors to the severall citties and townes corporate in our said kingdome of Ireland; and, upon humble suit made unto our said lieutenant-generall and generall-governor of our said kingdome of Ireland by the members of the said severall citties and townes, to cause new charters, by the advice of our learned council in that our kingdome, or

some of them, to be past unto the said citties and townes formerly corporate, respectively, under the great seale of our said kingdome of Ireland, in such manner as our said lieutenant-generall and generall-governor of our said kingdome of Ireland should think fitt, and thereby to grant unto the said citties and townes, formerly corporate, respectively, such of the lands, tenements and hereditaments formerly belonging unto them; and also such liberties, franchises, priviledges and advantages formerly granted unto or enjoyed by them, with such restrictions, limitations, and exceptions, as our said lieutenant-generall and generall governor of our said kingdome of Ireland should think fitt and most conducing to our service, and the better support of the said corporations.

AND WHEREAS the mayor, sheriffs, burgesses and commonalities, of our said town and county of our town of Gallway, taking notice of our princely grace and favor intended to our citys and townes corporate in our realme of Ireland, by our said letters of the 16th day of August, in the three and twentyeth yeare of our reygne, have humbly petitioned our right trusty and right well beloved cousin and counsellor, Arthur, earle of Essex, our lieutenant-generall and generall-governor of our said kingdome of Ireland, that wee would be graciously pleased to grant unto them a new charter, and thereby incorporate them and theire successors to be one body corporate and politique within our said towne and county of our towne of Gallway, in succession, for ever; and to have and enjoy such lands, tenements and hereditaments, royalties, franchises, liberties and priviledges, as our said lieutenantgenerall and generall-governor of our said kingdome of Ireland should think fitt for the encouragement of trade and the advantage of our service there; and have alsoe since made it their humble and earnest desire, that wee would be graciously pleased to make some provision, in our said new charter, for securing the disbursements and charges which Theodorus Russell, esq., theire present mayor, hath been att in laying out severall great sumes of money to redeeme them from theire lost condition, by purchasing in, from Elizabeth Hamilton, widow and relict of James Hamilton, esqre. lately deceased, the estate, right, tytle and interest, in and unto such charter, markett and petty duties formerly belonging unto the said corporation, which were forfeited unto, and granted by us unto the said Elizabeth, by letters patents under our great seale of Ireland, bearing date the 5th day of December, in the five and twentyeth. yeare of our reigne, and for a further compensation of his greate paines and favor therein shewed unto

them. And whereas wee were graciously pleased, for the better improving of the said towne, and settling of trade and manufacture therein, to condescend unto the humble desires of the said petitioners.

NOW KNOW YEE, that wee of our especiall grace, certayne knowledge and meere motion, by and with the advice and consent of our right trusty and right well beloved cousin and councellor, Arthure, earle of Essex, our lieutenantgenerall and generall-governor of our said kingdome of Ireland, and according to the tenor of our said letters under our royall signett and signe manuall, bearing date, at our court att Whitehall, the 16th day of August, in the three and twentyeth yeare of our reigne, and enrolled in the rolls of our high court of chancery, in our said kingdome of Ireland, have willed, declared, ordeyned, constituted and granted, and by these presents doe will declare, ordeyne, constitute and grant, that our said towne of Gallway, and all and singular castles, houses, messuages, tofts, mills, edifices, structures, curtilages, gardens, waste grounds, lands, tenements and hereditaments, situate, lying and being within the town of Gallway, shall be, at all tymes hereafter, one entire and free burrough of itselfe, by the name of the towne and burrough of Gallway, and shall from henceforth be called, taken and knowne by the name of the towne and burrough of Gallway; and all and singular the premises into one entire burrough of itselfe, by the name of the towne and burrough of Gallway, wee doe erect, constitute, make and ordaine, by these presents. AND FURTHER, of our especiall grace, certayne knowledge and meere motion, by and with the advice and consent aforesaid, wee have willed, ordayned and constituted, and by these presents for us, our heirs and successors, wee doe will, ordayne and constitute, that the said towne of Gallway, and all castles, messuages, waters, rivers, lands, tenements, and other hereditaments whatsoever, lying and being within the space of two miles from every parte of the saide towne of Gallway in a direct lyne, from henceforth be one entire county of itselfe, corporate in deed and name; and shalbe for ever distinct and altogether separate from the county of Gallway; and that the saide county of the towne, soe corporate, and distinct and separate from the said county of Gallway, shall for ever hereafter be called, taken and knowne to be the county of the towne of Gallway. PROVIDED alwise, nevertheless, and our will and pleasure is, and wee doe hereby declare, institute, ordayne and appoint, that our justices of assize and gaol delivery, and our justices of the peace

in theire sessions for business, touching the county of Gallway at large, and also the sheriff of the county of Gallway at large, for the time being, in holding his tournes, or other his courts, and all other commissioners of enquiry, and other officers of us, our heires and successors, and every of them who have heretofore held their courts within the county of Gallway at large, shall and may have free ingresse, egresse and regresse into the town of Gallway, and there hold their sessions for all matters and things whatsoever which shall or may happen to be done, or arise without the said county of the towne of Gallway, and within the county of Gallway at large, in such place as they may think fitt, and in as ample manner, to all intents and purposes, as they did heretofore hold the same in St. Francis'-abbey, or any parte of the county of Gallway at large, or as they might hold the same in case the said towne of Gallway, and precinct of the same, were not hereby made an entire county of itselfe, but remained parte of the said county of Gallway at large; any thing in these our letters patents conteyned to the contrary thereof in any wise notwithstanding. AND FURTHER of our especiall grace, certeyne knowledge, and meere motion, by and with the advice and consent aforesaid, wee have given and granted, and by these presents, for us, our heires and successors, wee doe give and grant, that in the said towne and county of our towne of Gallway, there shalbe for ever hereafter one after one new body corporate and politique in deed and name, consisting of one mayor, two sheriffs, and free burgesses and commonaltie of the towne and county of the towne of Gallway, and them, the said mayor, sheriffs, free burgesses and commonaltie of the said towne and county of our towne of Gallway, and their successors, into one body corporate and politique, for ever to endure, wee doe by these presents fully make, create, establish and unite; and that the said body corporate shall for ever be called and knowne by the name of the mayor, sheriffs, free burgesses and commonaltie of the said towne and county of the towne of Gallway; and that by the same name they and theire successors shall have perpetual succession, and shalbe able and capable in law to have, purchase, receive and possess lands, tenements, liberties, priviledges, jurisdictions, franchises and hereditaments whatsoever, of what kinde or nature soever, unto them and theire successors, in fee or perpetuity, and alsoe goods and chattels, and all other things whatsoever, of what nature or kinde soever; and alsoe to give, grant, demise and assigne lands, tenements and hereditaments, goods and chattels; and to doe

and execute all other matters and things by the name aforesaid, as any other person, natural or body pollitique, lawfully could or might doe in any wise: AND LIKEWISE that they and theire successors, by the name of the mayor, sheriffs, free burgesses and commonaltie of the towne and county of the towne of Gallway, may pleade and be impleaded, answere and be answered, before us, our heires and successors, and before any of the justices, commissioners and judges, as well ecclesiastical as secular, of us, our heires and successors, or elsewhere wheresoever, of and in all and all manner of actions, real, personal, or mixt, suites, quarrells and demands whatsoever, against them, or by them, to be prosecuted. AND FURTHER of our like especiall grace, certayne knowledge, and meere motion, by and with the advice and consent aforesaid, wee have given and granted, and by these presents, for us, our heires and successors, wee doe give and grant unto the said mayor, sheriffs, free burgesses and commonaltie of the said towne and county of our towne of Gallway, and their successors, that the mayor, sheriffs, free burgesses and commonaltie of our said towne and county of our towne of Gallway, and their successors, for ever, shall and may have full power and authority to choose, send and returne, in as full and effectuall manner, to all intents and purposes, as formerly they did, or at any time heretofore have done, two discreete and fitt persons to serve and attend in every parliament hereafter to be held in our said kingdome of Ireland; and that the said persons soe elected, sent and returned, shall have full power and authority to treate and consult upon such things and matters as shalbe to them there propounded or declared, and thereupon freely give their votes and sufferages, and to doe and execute all other things whatsoever, as fully and freely as any other burgesse of any ancient burrough in our said realme of Ireland, or in our said realme of England, in the parliament there, are wont to doe and execute. And to the intent that in tyme to come it may appeare that this new charter was granted unto honest and discreete men, wee doe, by these presents, make, nominate and constitute Theodorus Russell, esqre. to be the first and moderne mayor of the said towne and county of the towne of Gallway; to continue in the said office untill the feast of St. Michaell the archangell, which shalbe in the year of our Lord 1678 and wee doe likewise, by these presents, make, nominate and constitute John Clarke and Richard Browne to be the first and moderne sheriffs of the said towne and county of the towne of Gallway; to continue in the said office untill

the feast of St. Michaell the archangell, which shall be in the year of our Lord God 1678: and likewise wee doe, by these presents, make, nominate and constitute Sir Oliver St. George, baronet, Sir James Cuff and Sir Thomas Newcomen, knights, Vere Essex Cromwell, esqre. Richard Coote, esqre. Sir Henry Waddington, knight, Charles Holcroft, esqre. John Eyre, Edward Eyre, John Mayart, and William Hamilton, esqres. George Hull, gent. and George Lessone, esqre. and such others as the mayor and sheriffs and the major parte of the free burgesses, for the tyme being, shall choose to be the first and moderne free burgesses of the said towne and county of the towne of Gallway, to continue in the said office of free burgesses during theire respective lives, unless they shall, in the meane tyme, for theire misbehaviour, or for any other reasonable cause, be removed from the said office or offices: and alsoe all such inhabitants of the said towne, and such, and soe many others, as the said mayor, sheriffs and free burgesses of the said towne and county of the towne of Gallway, for the tyme being, shall admitt into the freedom of the said towne, wee doe, by these presents, make, constitute and ordeyne to be of the commonaltie of the said towne and county of the towne of Gallway. AND FURTHER wee doe by these presents make, nominate and constitute William Sprigg, esqre. to be the recorder of the said towne of Gallway, and to continue in the said office untill the said feast of St. Michaell the archangell, which shall be in the said yeare 1678; and Jerome Russell, gent. to be towne-clerke of our said towne of Gallway, and likewise to continue in the said office untill the said feast of St. Michaell the archangell, in the said year 1678. AND FURTHER wee will that the said Theodorus Russell, whome wee have by these presents constituted mayor of the said towne and county of the towne of Gallway, and the said William Sprigg, whome wee have constituted recorder of the said towne, shall, within one moneth after the date of these our letters patents, come before Sir Henry Waddington, knight, Charles Holcroft, esqre. now high sheriff of the said county of Gallway, and John Eyre, esqre. or any two of them, and in due manner take the oathe of supremacie established by act of parliament, secundo Elizabethæ, in our said kingdome of Ireland, and the oathe of allegiance, and also this ensuing oath, viz.: "I, A. B. doe declare and believe, that it is not lawful, upon any pretence whatsoever, to take up armes against the king, and that I doe abhorr that treayterous possition of taking armes by his authority against his person, or against those that are commissioned

by him. So help me God."- and shall likewise respectively take the severall oathes heretofore usually taken for the due execution of the severall offices of mayor and recorder of the said towne and county of the towne of Gallway; and that the said John Clarke and Richard Browne, whome wee have by these presents constituted sheriffs of the said towne and county of the towne of Gallway, and theire successors; and the said Jerome Russell, whome wee have constituted towne-clerke of our towne of Gallway, and his successors; and the said Sir Oliver St. George, Sir James Cuffe, Sir Thomas Newcomen, Vere Essex Cromwell, Richard Coote, Sir Henry Waddington, Charles Holcroft, John Eyre, Edward Eyre, John Mayart, William Hamilton, George Hull, and George Lessone, whome wee have made present free burgesses of the said towne, as alsoe theire successors in the place and places of free burgesses, att all tymes to come, before they be admitted to execute theire respective offices, places, or imployments; and likewise all and every such person and persons as shall be of the common councill of the said towne and burrough, as alsoe theire successors in the place of common councill-men, at all tymes to come, before they be admitted into theire respective offices, places, or imployments, shall, severally and respectively, take as well the severall oathes before particularly mentioned, as alsoe the oathes heretofore usually taken, for the due execution of theire severall offices, places, or imployments; the said severall oathes to be administered by the mayor and recorder, or by the mayor and two of the burgesses of the said towne and county of the towne of Gallway, for the tyme being, whome wee doe by these presents authorize and require to administer the same, in the Tholsell, or any other convenient place within the said towne. AND it is our further will and pleasure, that the said office and offices of mayor, recorder, sheriffe and towne-clerke, of the said towne and county of the towne of Gailway, be for ever hereafter elective. AND wee doe, by these presents, for us, our heires and successors, give and grant unto the said mayor, sheriffs, free burgesses and commonaltie of the said towne of Gallway, and theire successors, that the said mayor, sheriffs and common-council of the said towne, for the tyme being, yearely, for ever, at the feast of St. Peeter, ad Vincula, commonly called lammas-day, from and after the five and twentyeth day of March next ensuing, shall and may assemble themselves in the Tholsell of the said towne, or any other convenient place within the said towne of Gallway, and, being soe assembled, may (or

the greater parte of them) before they departe thence, may choose one of the discreetest free burgesses of the said towne to the office of mayor of the said towne, who, being presented, approved and sworen in manner and form as hereafter is expressed, may holde, exercize and enjoy the same for one whole yeare, from the feast of St. Michaell the archangell then next following, and untill another of the said burgesses shalbe duely elected, presented, approved and sworen into the said office, in manner as hereafter is setforth; and may alsoe then and there elect some discreete person, learned in the lawes, to bee recorder of the said towne, as alsoe some discreete person to be towne-clerke of the said towne, who, being respectively presented, approved and sworen, in manner and forme as hereafter is expressed, may hold, exercise and enjoy the same for one whole yeare, from the feast of St. Michaell the archangell then next following, and untill two others shalbe duly elected, presented, approved and sworen into the said offices respectively in manner as hereafter is setforth. And wee doe further ordeyne and appoint, that it shall and may be lawful for the mayor and recorder of the said towne, for the tyme being, respectively, in case of sickness, or any urgent or important occasions of theire owne, to be absent from the said towne, to appoint theire respective deputyes during such tyme of his and theire sickness or absence from the said towne, who, takeing the severall oathes herein formerly appointed to be taken by the mayor and recorder of the said corporation respectively, shall and may execute the place and office of deputy mayor and deputy recorder of the said corporation in all things, dureing the tyme of such mayor and recorder's sickness or absence, respectively, as fully and amply, to all intents and purposes, as such sick or absent mayor or recorder might have done if he and they were well and personally present; such deputy mayor and deputy recorder, respectively, first takeing all the severall oathes formerly mentioned to bee taken by the mayor and recorder of the said towne, before the sheriffs of the said towne for the tyme being, and any three or more of the free burgesses of the said towne, whome wee doe hereby fully authorize and require to administer the same unto them respectively on the Holy Evangélists. AND our will and pleasure is, that the mayor and recorder of the said towne and county of the towne of Gallway, and theire deputies, for the tyme being, respectively, shalbe justices of the peace for the county of Gallway att large, dureing theire continuance in theire respective offices. AND

FURTHER of our more abundant grace, certeyne knowledge and meere motion, by and with the advice and consent aforesaid, wee will, and by these presents, for us, our heires and successors, doe give and grant unto the said mayor, sheriffs, free burgesses and commonaltie of the said towne and county of the said towne of Gallway, and theire successors, that when and so often as it shall happen that the mayor of the saide towne of Gallway, for the tyme being, shall dye, or the said office shall become voyd within the compasse of one yeare after he shall be elected, presented, approved and sworen, as aforesaid, that then, and in such case, it shall and may bee lawfull to and for the sheriffs, free burgesses and common council of the said towne, and theire successors, within fifteen dayes after such death or vacancie, to choose some other fitt person, out of the number of the free burgesses, to the office of mayor of the said towne; and that such person, being soe elected and chosen, and takeing the severall oathes before mentioned, before the sheriffs, and any seven or more of the free burgesses of the said towne for the tyme being, whome wee doe hereby authorise and require to administer the same on the Holy Evangelists, shall and may execute the said office of mayor of the said towne and county of the towne of Gallway, untill the feast of St. Michaell the archangell next following such new election. AND FURTHER of our more abundant grace, certeyne knowledge and meere motion, by and with the advice and consent aforesaid, wee have given and granted, and by these presents, for us, our heires and successors, doe give and grant unto the said mayor, sheriffs, free burgesses and commonaltie of the said towne of Gallway, and theire successors for ever, thatt the said mayor, sheriffs and common-councill, and theire successors for ever, shall have full power and authority, from tyme to tyme, every year, at the feast of lammas, to choose and nominate two honest and discreete free burgesses of the said towne to be sheriffs of the county of the towne of Gallway aforesaid, to continue for one whole yeare, from the feast of St. Michaell the archangell then next following such election inclusive; and that such persons soe elected, presented approved and sworen, in manner as hereafter is settforth, may take upon them the execution of the said office of sheriffe, and may hold, execute and enjoy the said office of sheriffe of the said county of the towne of Gallway for one whole yeare, from the feast of St. Michaell the archangell then next following, and untill others shalbe elected, presented, approved and sworen into the said office,

in manner as hereafter is expressed; and that such sheriffs of the county of the said towne of Gallway shall and may have and exercise all and all manner of jurisdictions, powers, authorities, liberties, and other things whatsoever to the said office of sheriffe belongeing or apperteyning, within the said towne and county of the towne of Gallway, and the lymits, meares and bounds of the same, as other sheriffs of us, our heires and successors, within our said kingdome of Ireland, have or ought to have within theire baylywicks. And that wee, our heires and successors, from tyme to tyme, for ever hereafter, shall and will direct, and cause to be made, to the sheriffs of the said county of the towne of Gallway for the tyme being, all and singular writts, bills, precepts, warrants, summons, attachments, distresses, estreats and mandates, of us, our heires and successors, and the summons, attachments and distresses of the Exchequer of us, our heires and successors, and other the courts of us, our heires and successors, ariseing for any matter or thing within the said towne or county of the towne of Gallway, or within the precincts or lymits of the same, for the future, which ought to be directed to, and executed by, the sheriffe of the county of Gallway, if the said towne of Gallway and the precincts of the same were not made an entire county of itselfe, soe that noe other sheriffe in our said realme of Ireland, or bayliffe, or serjeant of any sheriffe in our said realme of Ireland, except the sheriffs of us, our heires and successors, of the said county of the towne of Gallway, and theire bayliffes, ministers or servants, shall, for the future, enter into the said towne, or precincts of the same, (except as before is excepted,) to exercize or execute any thing that belongs to the office of sheriffe, nor shall any way intermeddle therein. AND wee doe hereby further will, institute and ordeyne, and our royal will and pleasure is, that upon all elections to bee hereafter made, after the five and twentyeth day of March next, of any person or persons to serve in any of the offices of mayor, sheriffs, recorder, or town-clerke, of the said corporation, the names of the persons soe elected to serve in the said severall offices shalbe by the said corporation forthwith presented to our lieutenant, or other chief governor or governors, and the privy councill of our said kingdome of Ireland, to be approved of by them; and that the said persons soe elected for any the said offices shalbe for ever hereafter incapable of serveing in the said several offices, or any of them, untill they shalbe respectively approved of by the lord lieutenant, or other chief governor or governors, and privy councill of our said kingdome