APHThe Old Town of Athenry in 1713
Source: The Tuam Herald, 15 July 1939
As readers of history know, Athenry was a walled town and had an ancient Corporation in the year 1713. A petition was sent to the Irish House of Commons and it-is as follows:
The “Journals of the House of Commons in the Kingdom of Ireland in the reign of King William and Queen Mary from the 5th day of October, 1692, to the 24th day of October, 1713, being the end of Queen Anne’s Parliament, contains the following:-
The humble Petition of Robert Shaw Esq.. in behalf of himself and others, the ancient Protestant Burgesses and Freemen of the Corporation of Athenree in the County of Galway.
Humbly sheweth
That the said Town of Athenree hath been Time out of Mind an ancient Corporation and according to the ancient Custom and Usage of the faid Corporation have vearly on. the 14th of September, elected and chosen a Portreeve to serve in the said Corporation, to be sworn on Michaelmas Day following and to hold and continue the said Office for one Year next following.
That John Ormsby,Esq., was elected and sworn accordingly at Michaelmas, 1704, and constituted one Michael Berny his Deputy-Portreeve, according to the Custom of the said Corporation; but afterwards discharged the said Berny from being his Deputy, and appointed one Lieutenant Robert Cooke to be his Deputy:
That Sir Thomas Montgomery, Knight, having a Design to get himself in to be Portreeve of the said Borough, to have the Election of Parliament Men for the same in himself, and to be elected in the next ensuing Parliament as one of the Burgesses for the said Borough, prevailed with the said Berny, after he had Notice that he was superseded, to withdraw himself and retire privately to Sir Thomas Montgomery’s House in Athenree on the 13th day of September, 1705, being the day before the Election, and there took upon him to admit several Persons, some of them of great Power and Authority. whom your Petitioner desires may not be named, for Fear of giving Offence. as Burgesses of the said Corporation, who had no interest or concern in the said Borough, or Liberties thereof, and contrary to several By-laws and the Usage of the said Corporation.
That the said Sir Thomas Montgomery, by the assistance of his said new made Burgesses. did on the 14th day of September, 1705, being the day of election for the said Borough, in violent arbitrary and illegal manner, place the said Berny in the Portreeve’s chair, after he was so superseded, and had publickly read the said Ormsby’s Deputation in the said Cooke the night before, without summoning the ancient and legal Burgesses of the said Corporation, and got himself elected Portreeve by the said new made Burgesses for the ensuing year: and was then sworn, but not to act till Michaelmas Day following contrary to the known laws and the Custom of the said Corporation.
That one William Turvin was the same day duly elected Portreeve of the said town, by the said Lieutenant Robert Cooke, as the said Ormsby’s legal Deputy, and the majority of the Protestant ancient Burgesses of the said town and the said Mr. Ormsby came into the said town on Michaelmas Day following, in order to swear the said Turvin Portreeve of the said town; was met by the said Sir Thos. Montgomery with a great number of people, most of them Papists, who demanded their arms from the said Mr. Ormsby Portreeve and his Company, and ordered the said Turvin to be arrested by one Patrick Hobegan, a Popish constable, and declared he would send him prisoner to the Abbey to prevent his being sworn that day, whereupon the said Mr. Ormsby being apprehensive of the Mischief that might arise, adjourned to Newford in the Liberties of the said Town, and there swore the said Turvin.
That the said Sir Thomas Montgomery turned out the Protestants and Sergeants at Mace of the said town, and put in Papists in their places; and by his arbitrary proceedings, and by the terror of his party, kept said Turvin out of office and seized upon the Tolls and Customs of the said Town, and converted them to his own Use, and ever since continues to extort the same; and to perpetuate himself in the said Office, and to support his arbitrary Proccedings, hath admitted above forty new Burgesses of the said Corporation, though no way interested therein, and contrary to the Constitution and By-laws of the said Corporation.
That the said William Turvin, in his Life Time, petitioned the Right Honourable the Lord Justices and Council of this Kingdom against the said Sir Thomas Montgomery’s Proceedings, who dismissed the Petitioner, in regard (as your Petitioner supposes) they had no Jurisdiction thereof not being comprehended within the new Rules for regulating Corporations.
That the said Sir Thomas Montgomery having ever since, by his said arbitrary and illegal Procedings, kept himself in the Portreeve-ship of the said Town: and assuming to himfelf an unknown and arbitrary Power, did on the 17th day of August last, assemble a great Number of People at Athenree aforesaid, and without any Colour of Authority but by his arbitrary Power, broke down 20 Perches of Stone Wall of six Foot high, on the Estate of Richard Whaley, Esq.. one of the Representatives of the said Borough, of which your Petitioner is Tenant, near the said Town, and broke and destroyed several Ash Trees planted in the said Ground, which were erected and planted fix years ago; and as a Magistrate of the said Town, committed William Healy and several other Prisoners in Athenree aforesaid, and kept them in a Dungeon for about fix days for presuming to rebuild the said Walls, and refused to take bail of them, except they gave hail not to rebuild the said Walls, and refused to discharge them though two other Justices of the Peace for the said County certified that they had bail for them.
That the said Sir Thomas Montgomery a Magistrate, vitiated several Replevins, and appeared Judge and Party therein, in his own Court; and advised Demeurers to be entered to Pleas in Causes depending before him, and committed several other illegal Practices, which your Petitioner is ready to prove by honour of his said Office.
And in as much as your Petitioner humbly conceives that such violent, forcible, illegal and arbitrary Practices in Corporations and Boroughs, are of fatal Consequence to the Constitution of Parliament, and Civil Government of this Kingdom;
May it therefore please your Honours to take the Premisses into Consideration, and Order the said Borough to be restored to the ancient Right and Government: and to put further therein for the Relief of your Petitioner, and other ancient Burgesses, what your Honours Great Wisdom shall deem amenable to Right and Justice. And he will pray.
