CHAPTER XXV
Reign
of James II A.D. 1685 to A.D. 1688
JAMES, Duke of York, succeeded his brother, the
late king. Being a bigoted Roman Catholic, he, with a total disregard to
his professions on accession to the throne, commenced and continued a
series of tyrannical acts for the furtherance of his sect and the
depression of his Protestant subjects. In Ireland, the Earl of
Clarendon, as being too moderate, was recalled from the government, and
Colonel Richard Talbot, created Earl of Tyrconnel, a furious papist,
appointed in his place, one of his first steps was to disarm the
Protestant militia, which, as has already been noticed, was established
in each county. And not with standing, that the members of these corps
had purchased their own arms; they were required, with an utter
disregard of justice, to deposit them in the king's store.
Among other unjust and illegal devices for the
complete prostration of the Protestant interest, it was resolved to
dissolve the corporations ; but being well aware that the members of
these bodies would never relinquish their charters unless compelled by
law, Tyrconnel at first endeavoured to persuade them to admit Roman
Catholics, in order thus to effect their subversion. The resolution,
however, of Sir John Knox, then Lord mayor of Dublin, and of the board
of aldermen, completely frustrated that project, and he was obliged to
bring quo wananto auto inquiries against the corporations in order to
effect their destruction.
To prevent the transfer of writs of error to.
England, all these vexatious inquisitions or quo wananto, were brought
in the Court of Exchequer; where in two terms judgments were obtained
against most of the charters of Ireland. The chief baron, a creature of
the government, hurried over the causes with the most indecent haste,
and did not even allow sufficient time for reply from the defendants.
While in no case was just ground of disfranchisement alleged, nor was
forfeiture adjudged after a legal trial. On pitiful pretences and paltry
grounds were one hundred corporations deprived of the title to their
rights and privileges. King's State of the Protestants.
In some cases the ancient charter was superseded by
the grant of a new one, by which Romanists were constituted masters and
wardens; who, when installed in office, forthwith committed to prison
all the old members who would not submit to them.
Among the rest, Carlow did not escape. The charter
granted by the late king was abrogated, and another, of which the
following is a copy, issued in its stead.
(Please note the spellings as
well as the grammar are as seen from the printed copy of the book, the
Charter of James II below is prime example of 17th century English).
CHARTER GRANTED BY JAMES II TO
THE BOROUGH OF CARLOW.
JAMES the SECOND, by the grace of GOD, king
of England, Scotland, France and Ireland, defender of the faith, &c. To
all to whom these presents shall come greeting. Whereas the town of
Gathering is an ancient town in the province of Leinster and county of
Catherlagh, and populous, and that the sovereign free burgesses and
commonaltye of the said towne had and used divers franchises, liberties,
and priviledges, and to bee a bodie politique by the name of soveraigne,
free burgesses, and commonaltie of the towne of Catherlagh, all which
franchises, liberties, and priviledges, by judgment of our court of
Exchequer in Ireland, were seised into our hand; yett wee being willing
that a certain order and method may be observed therefore, keeping the
peace, and for the belter regulating and governing the said towne, and
our people therein inhabiting and resorting to the same, and fore
encouraging of trade and traffique within the said towne, know yee, that
we of our spetiall grace, certaine knowledge, and meere mocon, by and
with the advice and consent of our right trusty and right welbeloved
cousin and councellor, Richard, earl of Tyrconnell, and deputy generall
and generall governor of our kingdome of Ireland, and according to the
tenor and effect of our Ires under our Royall signett and signe manuell
beareing date att our court at Windsor, the twentieth day of Sept., in
the third yeare of our raigne, and inrolled in the rolls of our high
court of chancery in our said kingdom of Ireland, have declared,
ordained, and appointed, and wee doe by these presents for us, our
heires and successors declare, ordaine, and appoint, that the aforesaid
towne of Catherlagh and all and singular castles, messuages, tofts,
mills, houses, edifices, buildings, curtilages, gardens, waters, rivere,
lands, tenements, and hereditaments, whatsoever, with their
appurtenances, lying or being in or within the same towne or village, or
the precincts thereof, shall from hence forth for ever bee one intire
and free burrough of ittselfe, and shall for ever hereafter bee called
and knowne by the name of the burrough of Catherlagh; and all and
singuler the aforesaid premisses into one intire and free burrough of
ittselfe, by the name of the burrough of Catherlough, wee doe for us,
our heires, and successors, erect,constitute, make and ordaine by these
presents; and that the said burrough and the franchises ana liberties
thereof, shall extend to the same mearea and bounds that the burrough of
Catherlough and the precincts thereof did formerly extend themselves;
and further, wee doe by these present?, will, ordaine, and appoint, that
within the said borrough there bee one body corporate and politique,
consisting of one soveraigne and twenty tour free burgesses and a
commonaltie, and that all the inhabitants within the said towne and
lands, aforesaid, bee and for ever hereafter shall bee by force and
vertue of these presents one bodie corporate and politique, in matter,
deed and name, by the mime of the soveraigne, free burgesses, and
conmionaltio of the bin-rough of Catherlough, and them by the name of
the soveraigne free burgesses and commonaltie of the burrough of
Catherlough, aforesaid, into one body corporate and politique, in. deed
and name, really and fully, wee doe for us, our heires, and successors,
by these presents erect, make, ordaine, and constitute, and that by the
same name they shall have perpetual succession, and that they by the
name of soveraigne, free burgesses, and comtnonaltie, of the said
burrough of Catherlough, bee and for ever hereafter shall bee persons
able and capable in law to have, purchase, receive, and possesse, land,
tenements, liberties, priviledges, jurisdictions, franchises, and
hereditaments, whatsoever, of what nature or kinde soever they bee, to
them and their successors, in fee and for ever, and alsoe goods and
chatties, and all other things whatsoever, of whatsoever nature or kinde
they bee, and alsoe to give, grant, demise, and assigne lands,
tenements, and hereditaments., goods and chatties, and to doe and
execute another matters and things by the name aforesaid, and that by
the name of soveraigne, free burgesses and commonaltie of the burrough
of Catherlagh, they may plead and bee impleaded, answer and be answered,
defend and bee defended, before us, our heirs, arid successors, and
before whatsoever justice and judges of us, our heires, and successors,
in whatsoever courts of us, our heires, and succssors, and elsewhere,
wheresover of and in all manner of actions, suites, pleas, quarrells,
and demands, whatsoever, against them, or by them, in any manner to bee
prosecuted, or obtained. And wee doe further for us, our heires. and
successors, give and grant to the soveraigne, free burgesses, and
commonaltie of the burrough of Catherlough, and to their successors, and
wee doe by these presents for us, our heires, and successors, ordaine,
constitute, and declare, that they the said soveraigne and free
burgesses of the said burrough for the tyme being, and their successors
for ever, shall have full power and authority to choose, returne, and
send to discreete and fitt men to serve and attend in every parliament
hereafter to bee held in our said kingdome of Ireland, and that such men
from tyme to tyme be chosen, returned, and sent, may have full power and
authority to debate and consult of such affairs and matters as shall
bee, there declared and propounded to them, and others, and thereupon
freely to give their votes, and to doe and execute all other things
whatsoever, as fully and freely as any other burgesses of any other
ancient burrough in our said kingdome of Ireland, or in our kingdome of
England, in parliaments there have accustomed to doe and execute;
wherefore wee will, and these presents for us, our heires, and
successors, wee doe give and grant to the aforesaid soveraigne and
burgesses of the said burrough for the tyme being, and their successors,
and also wee doe for us, our heires, and successors, require and command
all sheriffs, officers, and ministers whatsoever, of us, our heires, and
successors, of our said county of Catherlough, for the tyme being, to
whome any our writt or writts of election of burgesses of parliament
within our said county of Catherlough att any tyme, or tymes, hereafter
shall be directed, that every such sheriffe, officer, or minister to
whome any such our writt, or writts, shall be directed, shall make their
precepts to the soveraigne and free burgesses of the said burrough for
the tyme being, and their successors for the electing and returneing two
burgesses to serve in parliament according to the forme and effect of
the same writt or writts, and these our letters patents or the
inrollment thereof shall bee as well to the said soveraigne and free
burgesses of the said burrough and their successors to all and singular
the sheriffes, officers, and minister?, whatsoever, of us, our heires,
and successors, a sufficient warrant and discharge in that behalfe. And
to the intent that it may appeare to after times, that this new
corporation was att first composed of honest and discreet men, wee doe
for us, our heires, and successors, make, nominate, and constitute,
Garrett Quigley, merchant, to be the first and moderne soveraigne of the
said burrough, to continue in the same office untill the feast of St.
Michaell the Archangell, next after the date of these presents, and
afterwards untill another bee elected and sworne, if in the interim hee
bee not- removed, whome and every other soveraigne hereafter to be
named, within the said burrough, wee will shall bee remove- able for
misbehaviour in their said office, att ye. will and pleasure of ye-
burgesses of ye- said burrough for the tyme being, or ye. maior parte of
them, and we doe by these presents constitute, ordaine, and appointe,
that ye- said Garret Quigley, before hee take uponiimto execute the said
office of soveraigne of the said burrough, by vertue of these presents,
doe take the usual oath of duely and faithfully executing the said
office, and alsoe the oathes ensueing, viz. I doe hereby acknowledge,
professe, testifie, and declare, in my conscience before God and the
world, that our soveraigne lord, king James, is lawfull and rightfull
king of this realme and other his majesties dominions and countries, and
I will beare faith and true allegiance to his majestie, his heires, and
successors, and him and them will defend to the utmost of my power
against all conspiracies and attempts, whatsoever, which shall be made
against his or their crowne and dignity, and doe my best endeavour to
disclose and make knowne unto his majestie, his heires, and successors,
or to the lord deputy, or other chief governor or governors of this
kingdome for the tyme being, all treasons, all treaterous conspiracies,
which I shall know or heere to bee intended against his majestie, his
heires, and successors, or any of them, and I doe make this recognition
and acknowledgment heartily, willingly and truely, upon the true faith
of a Christian, soe helpe mee God, &c., and I doe also declare and
believe, that itt is not lawfull upon any pretence whatsoever, to take
armes against the king, and that I doe abbor that traytorous position of
taking armes by his authority against his person, or against those that
are commissioned by him, doe helpe me God, &c. The said oathes to be
taken before the last soveraigne, or some justice of peace within the
said county of Catherlough, whome we doe hereby impower and authorize to
administer to the said Garret Quigley the said oathes. And wee doe
likewise for us, our heires, and successors, make, nominate, and
constitute, our trusty and well beloved Sir Laurence Esmond, baronet,
Henry Berkeley, Esq., John Warren, Esq., Pierce Bryan, Esq. Maior
Charles Cavanagh, Insigne Callaghane McCallaghan, Francis Eustace, Esq.
John Baggott, Esq , Patrick Wall, Esq., Hubert Kplly, Esq., Marcus
Baggott, Esq., Edmond Jones, Esq., William Cooke, Esq., Oliver Grace,
Esq., John Dwyer, Esq., John Grace, gent., Pierce Byrne, gent., Edmond
Dwyer, apothecary, John Browne, gent., Edmond Carrell, merchant, Thomas
Koegan, merchant, Henry Webber, merchant, Thomas Chanders, nayler, and
Samuoll Barrett, gent., to bee the first and moderne twentie-four free
burgesses of the said burrough, to continue in the said office of free
burgesses of the said burrough during their severall lives, unlesse that
they or any of them in the mean time by reason of some provision in
these presents, or for misbehaviour, or other reasonable cause, shall be
removed from the said office, or offices, and wee doe likewise by these
presents constitute, ordaine, and appoint, that the said burgesses and
all and every burgesse or burgesses hereafter to bee named, shall before
they or any of them bee admitted to execute the said place, or places of
free burgesses of the said burrough by value of these presents, doe take
the usual oathe of duely and faithfully executing the place of a
burgesse, and the other oathe of fidelitie aforesaid, the said oathes to
hee taken before the soveraigne of the said towne or burrough for the
tyme being, whome wee, our heirs, and successors, doe hereby impower and
authorize to administer the said oathes. And wee doe likewise make,
constitute,' and appoint the inhabitants of the said towne and soe many
other persons as the soveraigne and free burgesses of the said burrough
for the tyme being shall admitt into the freedome of the said burrough,
to bee of the communitie of the said burrough, and wee doe, further, by
these presents ordain, constitute, and appointe, that noe person or
persons that shall hereafter bee elected soveraigne or burgesse of the
said burrough of Catherlough shall hee capable of holding, enioying, or
executing any the said offices, places, or employments, untill he or
they (hall have taken the aforesaid oathes before the last soveraigne,
or before some justice of the peace of the said county, or before two or
more of the said burgesses whome respectively wee for us, our heirs, and
successors, doe impower to administer the same. And our will and
pleasure further is, and wee doe by these presents for us, our heirs,
and successors, grant to the said soveraigne, free burgesses, and
commonaltie of the said burrough and their successors, that the said
soveraigne and free burgesses, of the said burrough for the tyme being,
and their successors, shall and may,on the feast of the nativity of St.
John the Baptist, yearly, for ever, if it bee not Sunday, and if itt bee
Sunday, then the next day following, assemblethemselves, in some
convenient place within the said burrough, and that the said sovoraigne
and free burgesses, so assembled, or the maior part of them, before they
depart may there elect one of the more discreet free burgesses of the
said burrough, to the office of sovcraigne of the said burrough, who
having taken the aforesaid several oathes in manner as aforesaid, may
enter upon, execution of the said office for one year, from the feast of
St. Michaell the archangell, then next following, and from thenceforth
untill another of the free burgesses of the said burrough bee duely
chosen and sworn to that office, in manner as aforesaid. And. further of
our like special' grace, certain knowledge, and meere nwcon, wee will,
and by these presents for us, our heirs, and successors, doe grant unto
the said soveraigne, free burgesses, and commonaltie of the said
burrough, and their successors, that if and as often as it shall happen
that the soveraigne of the said burrough for the tyme being after
election and before hee is sworn, or within the yeare after hee is
chosen and sworn to the office of soveraigne of the said burrough, as
aforesaid, shall dye, or his office any wayes become voide, that then,
and soe often the soveraigne and ffree burgesses of the said burrough
and their successors, or the maior part of them, as the case shall
happen, shall and may, within ten dayes after such vacancye, choose
another fitt person of the said .number of the free burgesses to the
scrveraigneshipp of the said burrough for the governing of the said
towne, for one whole yeare from the feast of St. Michaell the
archangel), then next following, or during the residue of the said
years, as the case shall happen, and that every person or persons to the
soveraigneeshipp of the said burrough soe as aforesaid chosen, shall and
may execute the office of soveraigne of the said burrough for one whole
yeare, from the feast of St. Michaell the archangell then next
following, or for the residue of the said year as the case shall happen,
and from thence forth, untill another bee chosen and sworn to the said
office, in manner aforesaid, hee first taking the aforesaid severall
oathes in such manner as in these presents is sett forth. And further,
because the soveraigne for the tyme being may many tymes have just
occasion to bee absent from the said burrough of Catherlough, either for
the publique affairs thereof, or on hw own urgent occasions, wee doe
therefore, for us, our heires, and successors, give and grant unto the
said soveraigne, free burgesses, and commonaltie and their successors,
that the said Garret Quigley, and his successors, soveraignes of the
said burrough for the tyme being, and every of them shall have full
power and authority from tyme to tyme, during his or their tyme of
government, with the consent of the free burgesses of the said towne for
the tyme being, or the maior part of them, to substitute in his absence
some discreet and substantiall person, being one of the number of the
burgesses of the said towne and burrough, to be the deputy soveraigne
during the absence or will and pleasure of such soveraigne for the tyrne
being ; wee doe, by these presents, fully and absolutely, authorize the
said deputy eoveraigne to doe and execute all things whatsoever
belonging to tho said office or place of soveraigne, during the absence,
or will and pleasure of such soveraigne, in as large and ample manner as
if the said soveraigne himself were personally present ; such deputy
soveraigne, before hoe enter upon the said office, first taking the
aforesaid severall and respective oathes before the said soveraigne then
present, whome wee doe hereby authorize duely to administer the same.
And further, our will and pleasure is, and wee doe by these presents for
us, our heires, and successors, make, ordaine, and appoint the
soveraigne of the burrough of Catherlough, for the tyme being, to bee a
justice of the peace within the said county of Catherlough, and within
the bounds and limitts of the said burrough, during the tyme bee shall
bee soveraigne; and wee doe hereby give full power and authoritie unto
the soveraigne of the said bur- rough for the tyme being, to doe and
execute, all and every act and acts, thing and things, whatsoever,
within the said bounds and limits of the said county of Catherlough, in
as ample manner as any justice of the peace within our said county of
Catherlough may or ought to doe by the laws and statutes of this realme;
hefe taking the usuall oathe of duely and faithfully executing the place
of a justice before any two of the burgesses of the said burrough for
the tyme being, or before the last soveraigne, or before some justice of
the peace of the said county, to whome by these presents wee give power
respectively to administer the said oathes. And of our more especiall
grace, certain knowledge, and mere mocon, by and with the advice and
consent aforesaid, wee will, and by these presents for us, our heires,
and successors, doe grant unto the said soveraigne, free burgesses, and
commonaltie of the said burrough, and their successors, that if any of
the free burgesses of the saidburrough in these presents named, or
hereafter to bee chosen, shall dya or bee removed from their office,
every of which burgesses herein as aforesaid named, and of the burgesses
hereafter named, misbehaving themselves in that office, our will is,
that they be removeable art the pleasure of the soveraigne and burgesses
of the said burrough for the tyme being, or the maior part of them,
within seven days after the death or removall of such free burgesse, or
free burgesses, shall and may assemble themselves in some convenient
place within the said burrough, and that the said soveraigne and free
burgesses being so assembled, or the maior part of them before they
depart, shall and may elect one or soe many as shall bee wanting of the
aforesaid number of twentie-foure free burgesses, of the better and more
discrette inhabitants and commonaltie of the said burrough, unto the.
place or places of that free burgesse, or those free burgesses soe dead
or removed from their aforesaid offices to continue in the same office
or offices during their naturall lives, unless for misgovernment or mis
Behaviour in that behalfe, they or anyone of them shall bee removed;and
that every person soe chosen to the office of a free burguess of the
said burrough, before hee bee admitted to execute that office, before
the soveraigne of the said burrough for the tyme being, or before the
residue of the free burgesses of the said burrough then surviving, or
the maior parte of them, shall take the usuall oath, well and faithfully
to exercise the office of a free burgesse of the said burrough, and the
oathes of fidelity aforesaid, to which said soveraigne for the tyme
being, or the free burgesses or the maior part of them, for the tyme
being, wee doe by these presents give full power and authority to
administer the aforesaid severall oathes to such free burgesses and soe
as often as the like case shall happen. Andfurther of our more especial
grace, certaine knowledge, and meere mocon, by and with the advice and
consent aforesaid, wee doe by these presents for us, our heires, and
successors, give and grant unto the said soveraigne, free burgesses, and
commonaltie of the said burrough, and their successors for ever, that
they and their successors shall and may have and hold a court in some
convenient place within the said burrough, to bee held before the
soveraigne of the said burrough for the tyme being, and to hold pleas in
the said court every Tuesday, from weeke to weeke, of all and singular
actions of debt, covenant trespasse, detinue, contract, and personal
demands, whatsoever, happening or arrising, in or within, the said
borough or the liberties thereof, not exceeding the sum of five marks
sterling, and that that court be reputed and accounted a court of record
for ever. And our further will and pleasure is, and wee doe by these
presents of our like speciall grace, certain knowledge, and meer mocon,
by and with the advice and consent aforesaid, for us, our heires, and
successors, grant unto the said soveraigne, free burgesses, and
coramonaltie of the said burrough, and their successors for ever, that
they and their successors from tyme to tyme as often as they shall
thinke fitt, shall and may congregate and assemble themselves in some
convenient place within the said burrough, and in their assemble there
to make, appoint, and establish such acts, ordinances, and by laws for
the good and wholesome government of the said burrough and of the
inhabitants thereof, as they or the maior part of them/shall think fitt
and necessary, and that they may have power and authority to punish,
chastise, and correct by fines and pecuniary mulcts, whatsoever, such
persons as are offenders against such ordinances and by lawes, soe that
the said acts, ordinances and by lawes, fines and mulcts bee reasonable
and not contrary or repugnant to the lawes and statutes of our said
kingdom of Ireland. And further wee will, and by these presents, for us,
our heires and successors, doe grant unto the said soveraigne, free
burgesses, and commonaltie of the said burrough, and their successors
for ever, that they may have a guild mercatory within the said burrough,
and the same or the like common seale, which the soveraigne, free
burgesses, and commoualtie of the said towne lately had, to bee engraven
with such forme and inscription as they shall thinke best to serve for
the affairs of the aid burrough, tor ever, and that they may from tyme
to tyme, for ever, as often as occasion shall require, erect, constitute
and ordaine of themselves two serjants att mace and other inferior
officers, and necessary for the better government of the said burrough
respectively, and to continue in their office during their good
behaviour, or att the will and pleasure of the said sovereigns and free
burgesses of the said burrough, or the maior part of them, and that
every such serjant, officer, and minister before hee bee admitted to
execute his office, doe take hia corporall oathe, and tieutly used
before the soveraigne of the said burrongh, for ins tyme being, well and
faithfully to execute his place and behave himself, and the other oathes
of fidelitye aforesaid. And further wee doe by these presents for us,
our heires, and successors, give and grant to the said soveraigne, free
burgesses and commonaltie and their successors, that they and their
successors shall and may have within the said burrough, for ever
hereafter, a towne clerke and wee doe by these presents for us, our
heires, and successors, ordaine, constitute, and make John Quigley to
bee the first and moderne towne clerke of the said burrough, to continue
in that office during his naturall life, unless in the mean time hee bee
removed by virtue of some provision in these presents, or for
misbehaviour, whome and all others hereafter succeeding him in the said
office in such case, wee will to bee removeable by the soveraigne and
free burgesses of the said burrough for the tyme being, or the maior
part of them; the said office of towne clerke to bee exercised by
himself or his sufficient deputy; and that as often as the said office
shall become vacant by death, or removall, thatt then the said
soveraigne and free burgesses of the said burrough for the tyme being,
or the maior part of them, shall and may choose another fitt person to
bee towne clerke of the said burrough, to continue in that office during
his naturall life, unless hee bee removed as aforesaid, and that the
said modern towne elerke, and all others hereafter succeeding him in the
said office, shall, before they or any of them be admitted to execute
the said office, take the usuall oathe of well and faithfully executing
the said office, and the oaths of fidelity aforesaidbefore the
soveraigne of the said burrough for the tyme being, whome wee doe always
for us, our heires, and successors, impower and authorize to administer
the said oathes. And further, of our speciall grace, certain knowledge,
and mere mocon, wee doe by these presents for us, our heires, and
successors, give and grant unto the said soveraigne, free burgesses and
commonaltie of the said burrough and their successors, for ever, that
the soveraigne of the said burrough for the tyme being, for ever, shall
bee elerke of the markett within the said burrough and the liberties
thereof, and thatt hee shall have from tyme to tyme full power and
authority to doe and execute all and every thing and things to the
office of the said elerke of the markett within the said burrough
belonging, or in any wise appertaining, soe that no other elerke of the
matkett of us, our heires, and successors, shall enter into or
intermeddle therein. And further, of our speciall grace, certain
knowledge, and meere mocon, for us, our heires, and successors, for the
better suppor of the said towne and for carrying on the public workes
thereof, wee have given and by these presents doe give and grant unto
the aid soveraigne, free burgesses, and commonaltie of the said burrough
of Catherlough and to their successors all and singular the castles,
messuages, houses, tofts, gardens, orchards, curtilages, lands and
tenements, reversions, remainders and all such and so many the same and
the like incomes, services, customes, petty duties, pavements, gattagca,
feares, markette, usuages, authorities, jurisdictions, franchises,
liberties, and priviledges, and all other hereditaments whatsoever which
the soveraigne, free burgesses and commonaltie of the burrough of
Catherlough aforesaid, att any time before the said judgment was given
against the said burrough had possessed, occupied, used or enioyed by
reason of any charters, letters patents, grants, prescriptions, antient
customes, or any other lawfull tytle whatsoever or which they or any of
them were accustomed to have, possesse, occupie, use or enioy; to bee
held of us, our heires, and successors as of our castle of Dublin in
free and common soccage. SAVEINO alwayes, and out of this charter or
grant, itt is excepted and reserved for us, our heires, and successors,
all titles, rightes, rents, services, customes, subsidies, poundage,
excize, priviledges, and demands whatsoever, which wee before the said
judgment was given had held or occupied in right of our crowne in or
within the said burrough, liberties and franchises thereof, otherwise
then by reason of discontinuance, forfeitures, or dissolution of the
liberties and franchises soe seised unto our hands as aforesaid; saveing
and reserving to the chiefe governor or governors of us, our heires, and
successors of our said kingdome of Ireland, power to approve of any
recorder or towne clerke, hereafterto bee elected within the said
burrough, and that now suchrecorder or towne clerke shall exercise any
such office untill ee bee approved of bysuch chiefe governor or
governors, in writing, under his or their hand. Provided alwayes, and by
these presents for us, our heires, and successors wee reserve andgive to
our deputy generall and other chiefe governor, or governors, of us, our
heiresand successors of our kingdome of Ireland for the tyme being full
power and authorityby order of the privy councell of us, our heires, and
successors, in our said kingdomeof Ireland, written under their hands as
well the soveraigne as any of the burgessesand other officers of the
said burrough of Catherlough, by these presents named andconstituted, or
that shall hereafter be chosen and constituted, at the will and
pleasureof our deputy generall or other chief governor or governors of
us, our heires, andsuccessors of our said kingdome of Ireland by any
such order of our privye councell ofIreland from tyme to tyme will
remove the soveraigne, or any of such burgesses andofficers, or will
declare them to bee amoved from thence forth from their
officesrespectively, that all such person and persons, is, are, and will
bee if so facto amoved,and removed, without any further processe, soe as
often as the like case shallhappen, any thing in these presents to the
contrary notwithstanding. And further, of our speciall grace, certaine
knowledge, and meere mocon, by and with the advice and consent
aforesaid, wee doe by these present! for us, our heires, and successors,
grant unto the said eoveraigne, free burgesses and commonaltie of the
said Inn.rough of Catherlough and all theire successors, for ever, that
the soveraigne, free burgesses for the tyme being shall have power to
admitt persons to bee free of the said burrough, they takeing the usuall
oath of a freeman, and the oathes of tidelitie aforesaid, before the
soveraigne lor the tyme being, to whome wee give power to administer tha
Mime ; and that these our letters patents or the enrollment thereof and
every clause and article therein conteyned shall bee construed,
interpreted and adiudged to the greatest advantage, benefit!, and favour
of the said soveraigne, free burgesses, and commonaltie of the said
burrough, and their successors against us, our heires, and successors,
as well in all our courts, and else where, in our said kingdome of
Ireland as else where, wheresoever, without any other confirmation,
lycence or toleration here after to bee procured or obtained;
notwithstanding that our writt of ad quod damnum, hath not issued, to
enquire of the premisses before the makeing of these our letters
patents, and notwithstanding the statute of mortmaine, or the statute
made at Limerick in the three and thirtieth yeare of the raigne of King
Henry the eight for lands given by the king; and notwithstanding, any
other defect, or any other cause, matter, or thing whatsoever to the
contrary thereof although noe expresse mention, &c. PROVIDED ALWAYES,
that these our letters patents bee inrolled in the rolls of our high
court of Chancery in our said kingdome of Ireland, within the space of
six months next ensueing the date of these presents, any statute, &c. IN
WITNESSES whereof wee have caused these our letters to bee made patents.
Witnesse our aforesaid deputy generall, and generall governor of our
said kingdome of Ireland. Dublin, the foure and twentieth day of
February in the fourth yeare of our raigne.
END
The sovereign and burgesses thus appointed were,
with scarcely a single exception, Roman Catholics. It will also be
observed, that the new corporation were rendered complete slaves of the
government by the absolute power over them reserved to it. Thus were
exertions made to propagate tyranny as well as Romanism. Protestants
could never submit to such thraldom, and accordingly, many of them now
removed to England.
It is worthy of remark, that in 1687, every sheriff
appointed in the kingdom was a Romanist, with the exception of one, who
was admitted by mistake. Sir Laurence Esmond was sheriff of the county
of Carlow.
A.D. 1688. On the 4th of July, a charter was
granted to Old Leighlin, empowering it to send members to parliament. As
usual the officers seem to have been Roman Catholics. The following is a
list of their names:
Sovereign — Nicholas Keally.
Burgesses —
28.
|
Pierce, lord Viscount Galmoy, |
|
Nicholas Archdekin, gent. |
|
Dudley Bagnal, Esq. |
|
Gilbert Wall, gent. |
|
Morgan Kavanagh, Esq. |
|
Michael Wall, gent. |
|
Patrick Nash, Esq. |
|
Hugh Fagan, gent. |
|
Theobald Denn, Esq. |
|
Thomas Purcell, gent. |
|
Patrick Wall, Esq. |
|
Richard Keally, merchant. |
|
William Cooke, Esq. |
|
Theobald Purcell, gent. |
|
Patrick Lambert, Esq. |
|
Pierce Hagherin, gent. |
|
Edward Wall, Esq. |
|
Henry Rickens, gent. |
|
Thomas Keally, Esq. |
|
Ferdinand Brent, gent. |
|
Richard Keally, gent. |
|
Pierce Poor, merchant. |
|
William Kearney, gent. |
|
William Reddy, gent. |
|
Ignatius Nash, gent. |
|
Richard Butler, gent. |
|
James Keally, gent. |
|
Nicholas Nash, gent. |
|
Jas. Hackett, Esq. Town Clerk. |
|
|
The new magistrates thus appointed acted with
little or no regard to justice. When a difference occurred between a
Protestant and a Roman Catholic, it required but the complaint of the
latter to obtain the committal of his opponent to prison; and the
magistrates, flushed with their unaccustomed authority, had no
hesitation in issuing warrants for the arrest of persons of the highest
rank. To enter into any detail of the misgovernment, oppressive acts, or
tyrannical proceedings of James II. or of his instruments, would be
inappropriate in a local work. Suffice it to say, that the Protestants,
who formed the majority of his subjects, unable to endure the
unrelenting persecution under which they now groaned, applied for aid to
William, prince of Orange, who, at the head of the kingdom of Holland,
had made himself feared and respected by the highest powers in Europe.
On the 5th November, 1688, he landed on the British shores; which event
virtually terminated the brief reign of the bigotted, despotic, and
ill-fated James II.
("Spelling are as seen in the book")
CHAPTER XXVI
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