Seynt Patrickis of Dublin, and John fitz Symon of Dublin merchaunt, arbitrours indeferently chosyn betwix the sayd parties. And the sayd arbitrours, by good and mature deliberacion, duly examyng all the forsayd contraversies and debates, and also the right, interest, title, and prowys of both the parties consernyng all and euery poynt of the premissis. Furst, do award and juge that the sayd parties shall remyt and foryew vnto others all maner of rancores and displesures dependyng betwix them consernyng anny poynt of the premissis fro the begynyng of the world vnto the date herof. Item, also we award and juge that the mayr, balliwes, and comenys of the sayd cittie of Dublin, and ther successores for euer, shall haw the jurisdiccion and ordyrryng of the watyr that comys fro Doddyr vnto the forsayd cittie in as ample and as large maner as they shall devise or haw had in tyme past, the forsayd Abbot of Seynt Thomas-Courtt and his conuent and ther successores for ever aydyng and assistyng the sayd mayr, balliffes, and comenys and ther successores, all tymes convenyent in as ample and as large maner as the forsayd Abbot of Seynt Mary Abbay and Priour of Cristis Church and ther successores shall ayde and assist them, to bryng the sayd watyr in his ryght course, as hit hath gon of old tyme, as well vnto the sayd Abbot and conuent of Seynt Thomas-Courtys myllis as to the cittie, the sayd Abbot and conuent and ther successores for euer payng yerly out of all ther myllis, without anny contradiccion, vnto the keper of the watyr of the cittie for the tyme beyng eyght bussellis of corn, that ys to say, iiij peckes of whet and iiij peckes of malte of such as groys and commys of the profites of the sayd myllys. Item, also we the sayd arbitrours award and juge that the forsayd Abbott and conuent of Seynt ThomasCourt and ther successores for ever, in consyderacion that Thomas Holder, late predecessor vnto the sayd Abbot, nott only by the adwise of the Kyngis counsaill and the Kyngis commyssioners then beyng in Irland, but also by the adwise of his own conuent sub

myttyd

myttyd themself vnto the award, arbytryment, and jugment of William Talbott, Walter Ewstace, Cristofer Vssher, and Nicholas Queytrot of Dublin, merchauntes, as consernyng the custom callyt Tolboll which they pretendyt to lewy and percew of euery brewer within the cittie and the sayd iiij. worshipfull men takyng apon them the sayd arbitryment and jugment, as well att the request and intercession of the Kyngis counsaill and commyssyoners, as also att the request and desyr of the forsayd Abbot of Seynt Thomas-Court, ys predecessor, duly examyng many and dyverse tymys, to ther grett payn and labour, how the sayd custom callyt Tolboll had a begynyng or how or in what maner hit shold be payd, dyd yew a certayn award, decre, and jugment apon the sayd Tolboll, berryng date the viith day of December, the xvith yer of the reyng of Kyng Henry the viiith, which decre, award, and jugment we the sayd arbitrours award and juge that hit be well and truly accomplishyd and performyt for euer in euery poynt in hit comprisyd, as well of the sayd Abbot and conuent and ther successores parte, as also of the mayr, balliwes, and commonys and ther successores parte. Item, also we the sayd arbitrours award and juge that the sayd Abbot and conuent, and ther successores for euer, shall haw ther bote to fysh apon the watyr of the cittie in like maner as the Abbot of Seynt Mary Abbay haw without anny contradiccion, so that the sayd Abbot and conuent, ne none of ther successores sill noo samon ne sett ther bott for halwys, but that all such fysh as ys takyn with ther bote goo allway to the vse and behoff of ther place, or els to be yewin and mynystrytt att the discression of the Abbot for the tyme beyng. Item, also we, the sayd arbitrours, award and juge that whensoeuer the mayr, balliffes, and comenys of the sayd cittie of Dublin, or ther successores, ryde ther fraunches that they lew Waxamys gate and the hold Monasterii of Seynt Thomas-Court apon ther right hand, and the forsayd Abbott and conuent, and ther successores for euer, apon a reysonable sob

monycion

monycion or warnyng yewin vnto them by the mayr and ballywes for the tyme beyng, or by ther officeres, to make and prepar a way ouer ther mylpound by Wexamys gate, that the mayr, balliwes, and aldermen, with the swerdberrer and masbereres, may goo pesable afote without anny interuppcion throw the sayd Abbot and convent ys medue, doyng as littill prejudex or hurtt vnto the sayd medue as they can, and all the vrplus of the sayd mayr and balliwes company to ryde and goo in the hyway by. Item, also we the sayd arbitrours award and juge that the forsayd Abbot and conuent of Seynt ThomasCourtt, and ther successores for euer, shall haw the jurisdiccion, ordirryng, and correccion of all maner of trespaces and offences don and commyttyt within ther Abbay or carne of Donouer, or within such howsis as they pretend to be of ther glebe, exsept all maner of pleys or thyngis that belongis or appertanys vnto our Souerayn Lord the Kyngis coron, and to the langable of the sayd cittie, the mayr and ballywes for the tyme beyng, and ther successores for euer, callyng befor them as fale tymys and as oftyn as nede requir, such personis as dwell within or apon the sayd glebe or carne, for anny maner of cause or matyr belongyng or appertaynyng vnto the coron. Item, also we the sayd arbitrours award and juge that the forsayd Abbott and convent, and ther successores for euer, shall allow and discharge the balliwes of the cittie of Dublin for the tyme beyng, and ther successores for euer, of xvj. and viij. of currant mony of Irland, of the twenty merkes that ys due vnto them and ther successores apon the feferme of the cittie of Dublin by the Kyngis graunt, and that in consyderacion of ther good payment and of the grett payn and labour that the balliffes for the tyme beyng tak in getheryng and lewyng of the sayd xxti merkes by pety parcellis, as by pens iija. iij ob. otherwise, and that the sayd Abbott and convent and ther successores for euer, say yerly euery tyme of the payment of the sayd mony, and in exspecially in die animarum in ther chapter house

de

de profundis ouer and abow the de profundis that they ar bound to say otherwise by ther ordyr or constitucionis, for the sowlys of our souerayn lord the Kyngis noble progenitores, and for the sowlys of the mayres, bayllyffes, cittesentes, and comenys of the cittie of Dublin, and ther successores for euer. In wittenis that this ys our award indentyd betwix the sayd parties, we, the sayd arbitrours, hath subscribyt our namys, and for the mor proff putto our seallis the xxth day of September, the xix yer of the reyng of our souerayn lord Kyng Henry the viiith.

Copia vera.

The preceding documents are printed from copies preserved in a MS. belonging to the Corporation of the City of Dublin (fol. 130, &c.), for the use of which the Irish Archæological Society is indebted to the Corporation, and particularly to William Ford, Esq., Town Clerk, who has, in the kindest manner, assisted two Members of the Society in their researches among the city muniments. The title on the back of the volume is,-Transcript.' Chart.' &c. Civ.' Dublin.'-it is the same which Sir William Betham mentions as being called," Domesday Boke of Devylin Cittie."-Dignities, p. 256.

The abbey of Saint Thomas the Martyr was founded in the latter part of the twelfth century, by William fitz Adelm, from whom the numerous families of de Burgh and Burke are descended. The site of the ancient abbey is now occupied by the court-house of the manor of Thomas-Court and Donore.

In 1212, a controversy arose between the abbeys of St. Thomas and St. Mary, concerning the custom of ale and methe granted by John Earl of Morton, when a decree in favour of the former was given-Archdall, p. 188; and an Inquisition dated 10th August, 2 IRISH ARCH. SOC. MISCELL. VOL. I. G

James

James I. finds, that James Cotterell, the last abbott of St. Thomas, had the right of a flaggon of ale out of every brewing in the town of Leixlip, county of Kildare.-Archdall, p. 794

Commissioners were sent over from England in 1524, to compose the differences between the Earl of Ormond, Lord Deputy, and the Earl of Kildare, and to adjust other smaller matters-State Papers, H. 8. Vol. II. Pt. III. p. 104—one of which was the difference between the abbot of St. Thomas and the city of Dublin, as set forth in the preceding award.

The abbot in his bill of complaint stated that the Tolboll was granted by John when he was King of England; it appears, however, that the grant was made when he was only lord of Ireland. The charters of John, alluded to in the commissioners' award, are subjoined, copied literally from the "Chartæ, Privilegia, et Immunitates," ninety-two pages of which were printed by the late Record Commission, but not published. In the margin they are said to be "E. Chart. Dom. S. Tho. Mart. f. 21. d." which is probably the roll compiled in the time of Henry VIII. from the original charters, and now in the possession of the Earl of Meath, to whose ancestors a great portion of the possessions of the monastery of Thomas-Court was granted.— Hardiman's Statute of Kilkenny, p. 28, note.

De Consuetudinibus Cervisiae et Medonis in Tabernis Dublin . Monasterio S. Thomae Martiris concessis.

Johannes filius domini regis Anglie et dominus Hibernie archiepiscopis episcopis abbatibus comitibus baronibus justiciariis constabulariis et omnibus ballivis suis de tota Hibernia salutem. Sciatis me pro salute anime mee et antecessorum meorum dedisse et concessisse et hac presenti carta mea confirmasse Deo et ecclesie Sancti Thome Dublin et canonicis ibidem servientibus in puram et perpetuam ele

mosinam