https://docs.google.com/document/d/19o4PQvVBZljADmCR7cxeaC5FehEIzl2JBONqTUmqRm8/edit?pli=1

Parnell, Charles Stewart

DICTIONARY OF IRISH BIOGRAPHY

https://www.dib.ie/biography/parnell-charles-stewart-a7199

Alexis de Tocqueville 1835 On Irish Assizes, Grand Juries, Magistrates.  

He was a French Jurist and Political Scientist. He visited Ireland in 1835 and was shocked at the poverty and degradation of the common people.  The one institution he felt kept the country together was the Catholic Church and remarked on the strong bond between church and people,  In contrast in France the Catholic Church was reviled.  He correctly foresaw the coming of the Land Commission and Irish Independence.  However he wondered in the event of independence how such a  powerful institution as the Catholic Church in Ireland could be controlled.

In this 1890 account of West Cork against Parnell the clergy were very much in control.  The Catholic Church is blamed for the downfall of Parnell.  However the ire is misdirected.  The pressure on Gladstone came from his Welsh Methodist constituents who demanded an end to the alliance with the Irish Parliament Party if it continued to be led by an adulterer  as they perceived it.  Parnell lived openly in South London for a number of years with  Kitty O’Shea.

Remains of Protestant Denomination in Cork

A frequent narrative is the imposition of a severe yoke by Irish Protestants on the Catholics who vastly outnumber them.  In the Case of Cork city he says that in 1835 there were 80,000 Catholics out of a population of 107,000.  All the officers of the Corporation are Protestants.

The Corporation names the Sheriff who names the Grand Jury in which there were only two Catholics on the Grand Jury.

In the County the Sheriff is obliged to select two jurors from each Barony.

The session of the Grand Jury was in public, a recent innovation that had the effect of reducing presentment of little public interest but favouring Landlords.

Another change he did not mention was setting up a panel of Cess players for each Barony who would be involved in the quarterly presentation to approve local works.  Those approved would then go to the Grand Jury for approval.  Those on the panel would typically be large Catholic and Protestatn farmers.

It is reported to him that in the entire country there is no Catholic Judge.

Informers

He makes frequent reference  to the Criminal Assized he attends at the frequent use of informers.  As a lawyer he objects as it saves a guilty man and provides a premium for false testimony.

In criminal cases in contrast to France he is amazed at the rapidity of trials.  The same man is often induced by the Grand Jury, found guilty by the Petty Jury and Condemned by the Judge in the course of an hour.

He also refers to the Court allowing policemen to tell the court of admission made to them by the accused.

Rich Catholics

There are a number of references to the Penal Laws excluding Catholics from owning property until 1782.  He frequently mentions that this has resulted in ambitious Catholics amassing vast fortunes.  In some cases they enter the land market and as Landlord seem as bad as the Protestants

Education

He makes a number of references to the thirst for education among the poorest of the poor

The Missing man, Tim Healy and the Bantry Gang.

Bantry born Tim healy, MP, Barrister and later Governor General of the Irish Free State is a pivotal figure in the split in the Irish Parliamentary Party after the fall of Parnell,  In the works of James Joyce you would imagine he was the main culprit Joyce probably recycling tales told by his Cork born  father John Stanislaus Joyce,  a man heavily involved in poltics.

1853-1931 Tim Healy Journalist, MP 1883, Kings Inns 1882, 1918 King’s Counsel and  Bencher Grey’s Inns, Governor General Free State 1922-1928 (Uncle Tim’s cabin) 2nd son Maurice Healy (Master workhouse) Eliza nee Sullivan.  Ed Christian Brothers, Fermoy, Newcastle Upon Tyne as railway clerk.  Moved to London 1878 as Parliamentary correspondent of The Nation.   Nationalist MP. Achieved the ‘Healy Clause in Land Act that no rent to be charged on tenants future improvements. May be grandson of hedge school master Healy n Bantry c 1832 referred to in memoir of James Stanley Vickery written Australia c 1898. M Eliza Sullivan 1882.  Commorated bust by Joseph Davidson in the Kings Inns, and the Tim Healy Pass (Conceived at Anchor Hotel, Bantry) .  Buried Glasnevin. Incurred the wrath of James Joyce over going against Parnell, who as a youth wrote ‘Et Tu Healy’ which his father John Stanislaus Joyce published.  Features in Ulysses ‘ He is sitting with, Tim Healy, J.J. O’Molloy, said, rumour has it, on the Trinity college estates commission…(7.800-10)

Clergy

It is clear that from the time of Daniel O’Connel and the anti tithe agitation the Catholic Clergy had a hugely influential role in politics and the Land League.

Rev. Robert Anderson, BA, TCD, (1843-1890), Protestant Home Ruler, Land Leaguer,  unfortunately most of his congregation did not agree dn boycotted him he died at a young age leaving a young family in very poor circumstances.

Small and middling Protestant farmers will often appear on such lists as those subscribing to the Parnell Legal Indemnity fund and in the Durrus are joined the Catholic tenants in a rent strike on the estate of the Earl of Bandon in the 1880s during the Land War.

Parish Laity.

The only parishes where the name of the laity is given is Durrus and Kilmeen.  From those listed in Durrus it is possible to get a feel for their background and connections.

Two Richard Tobin and John O’Sullivan/Sullivan own their properties outright and have purchased them in Durrus from the Estate of the Earl of Bandon.  In both of their cases the family stretches back to the late 18th century.  John O’Sullivan family as miller’s and merchants and Richard Tobin either a grandson or great grandson of ‘King’ Richard Tobin an illiterate local fixer in Kilcrohane died c 1795, his descendant married into many of the local prominent families over a fairly wide geographical area.

Luke Canty, Clashado elected rural district councillor related to the Dillon family of Clashadoo, Durrus, Bantry and Skibbeereen that extended famu have hotels, pubs and draperies as well as land. One of the family is Dr. Sheehan, Bishop of Waterford.  In turn the Dillons are part of the Roycroft network from the borders of Durrus/Bantry that branch numbers Charles Roycroft Bantry born businessman and land owner, Magistrate Macroom, nationalist political activist.

Patrick Murnane, Letterlickey, Durrus.  The extended family are listed in the Landed Estate Sale of the Hutchinson Estate 1850s as having significant lease on the estate for the 1820s.

From the late 19th and 20th century onward descendants of these families achieved prominent positions in business, the professions and education and religious sectors.  There is significant intermarriage  within this class of people.  This can be picked up in detailed listing of funerals.

It is likely that this general patterns repeated in other parishes.

https://docs.google.com/document/d/1Mr8TlKZseE-BOTJKIQyjLMQAc6z6Llgqk3wpLV9J5NA/edit

https://docs.google.com/document/d/1bqPK0fDRk6sN09vPy4bXDcJGKW75HWvqCV92obQRPCI/edit

Land War Prosecution Under The  Crime Act 1882 West Cork

Extracts from Skibbereen Eagle 1882-1883, p.5-78

Land War Durrus district, p. 79

Resident Magistrates, p. 82

Local Lawyers, p. 83

…

The backdrop here is the Land War:

Courtesy Lurgan Ancestry

The traditional view of the Land War in Ireland has been of the displacement of a Protestant Ascendancy class and the often absentee landlords. The former ascendancy had been on the decline since the Great Hunger of the late 1840s, and for them the problem was that previously agreed rents could not be paid after the slump in prices from 1874; some allowed generous rent rebates while others stuck to the agreements and enforced their property rights. Some were already owed rent and many had mortgaged their property and needed the rents to pay the mortgage costs. Many new landlords since the famine were Irish Catholics, but were still associated with the Ascendancy because of their wealth. A survey of the 4,000 largest Irish landlords in 1872 revealed that 71% lived on their estates or elsewhere in Ireland. By then, 43% of all proprietors were Roman Catholics, though the richest owners were mostly Anglicans.

Rent strikes often led to evictions. Land League members resisted the evictions en masse during the Land War, resulting in enforcement of evictions by court judgements for possession that were carried out by the quasi-military Royal Irish Constabulary. Murders of some landlords, their agents and policemen, as well as attacks on supportive witnesses and on their property and animals, all occurred as reprisals for evictions. In response, the British army were often deployed to back up the police, restore law and order and enforce evictions, after the Coercion Acts were passed. For protesting tenants, these Acts were a form of martial law; their opponents saw it as the only way to guarantee their legal rights.

Boycotting

The most effective method of the Land League was the boycott, which took its name from when an unpopular landlord’s agent, Charles Boycott, was ostracised by the local community. Boycotting was also applied to tenants who wanted to pay their rent, and to the police, as well as shops and other businesses who traded with boycotted people. The boycotts were often extremely effective, since they were unquestionably lawful under the common law, non-violent, and effectively punitive: since nobody is forced to join a boycott, it was a voluntary act, through private agreeme…..,.,,,

1727, Deed whereby Owen Lander of Kilpatrick, Schull to tend the house of William Hull, of Leamcon, Schull with Musick and to instruct William Hull to play on the Fiddle to the best of his endeavours.

…

			Type of deed	Date of current deed	20 May 1727	Vol	Page	Memorial
			Lease	Date of earlier deed	19 Oct 1727	60	99	40069
No	Role(s) in earlier deed(s)	Role in current deed(s)	Family name	Forename		Place	Occ or title	A
A	P1	P1	HULL	William	of	Limcon, COR	Esq
B	P2	P2	LANDER	Owen	of	Killpatrick, COR	Farmer	A
C		WD	DONOVAN	Elizabeth	of	Downmanuss, COR	Spinster
D		WD	HULL	Richard	of	Limcon, COR	Son of A
E		WD WM	DONOVAN	Daniel	of	Downmanuss, COR	Gent
F		WD	DONOVAN	Mary	of	Downmanuss, COR	Spinster
G		WM	WINSPEARE	Robert	of	Fourmilewater, COR	Gent
H		REG	MURRAY	George	of	Bantry, COR	Commissioner
I		W REG	WHITE	Richard	of	Co Cork	JP
J		W REG	DAVIES	Richard	of	Co Cork	JP
Abstract	Comment for person [A] :lease amended to reduce the rent for “good services” Person [B] :lands at Kilpatrick for 31 years Person [C] :  Person [D] :  Person [E] :  Person [F] :  Person [G] :  Person [H] :  Person [I] :  Person [J] :
MS			Date registered	8 Mar 1728		Date abstract added	20201114

Abraham Watkins Esq, Cork Extensive Property Owner in Bandon, Will dated 12th July 17  My Daughter Mary Watkins ‘Not to have one penny if she marries Darby Cartie the Fiddler’

https://wordpress.com/post/durrushistory.com/5125

Will 176:

The name Abraham Watkins appears in Coolfadda as early as 1626.

http://www.bandon-genealogy.com/bandon_rent_roll_1720.htm

The Irish Manuscript Commission have digitalised some of their old publications.  This is from a series on Memorials in the Registry of  Deeds.  These survived the destruction of 1922.

http://www.irishmanuscripts.ie/servlet/Controller?action=digitisation_backlist

1793.  Pipers and Fiddlers for Tenant Gala on Kerry Estates of the Earl of Bandon 1793.

From Gibson’s History of Cork p 496:

http://www.friendsofirishresearch.org/library/The%20history%20of%20the%20county%20and%20city%20of%20Cork%20Vol2%20(1861).pdf

This would have been a time of great war induced prosperity.

These grants were shortly after purchased by the first Earl of Cork, who may be justly styled the founder of the town. Through him, the Earls of Cork and Shannon, and the Duke of Devonshire, possess property in the town and neighbourhood. The Earl of Bandon is also a proprietor, but the principal part of his property is in Kerry and in the western part of the county. The Bernard family have always been esteemed good landlords and kind to their tenantry. The following extract from an original letter written by his agent to the Lord Bandon, of April 23rd, 1793, preserved among the papers of Wm. T. Crosbie, Esq., of Ardfert Abbey, county Kerry, will afford a good idea of what an ” Irish tenant gala ” was at the close of the last century :

” None who were not tenants did I invite, except those named by you, viz., Father Morgan Flaherty, Tim M’Carthy, Charles Casey, Doctor Leyne, and Father Nelan, son to Old John. These I asked as Catholics particularly attached to you. Had I gone further I must either Lave excited jealousy, or summoned half the country. We had a company of 22 in the parlour, of whom I will send you a list next post. In the breakfast-parlour there was another company of second rate, and the third rate dined in the tent pitched in the avenue near the abbey. In the parlour your claret was made free with, as Stephen tells me he opened 34 bottles. In the breakfast-parlour port wine and rum-punch were supplied in abundance, and abroad large libations of whiskey-punch. We had two quarter casks (above 80 gallons) of that beverage, made the day before, which was drawn off unsparingly for those abroad, and plenty of beer besides. Two patteraroes, borrowed from Jack Collis, and placed on the top of the abbey tower, announced our dinner, toasts, and our exultation. Pipers and fiddlers enlivened the intervals between the peals of the ordnance. The May-men and maids, with their hobby horse, danced most cheerfully, and were all entertained at dinner, and with drink in abundance. An ox was roasted whole at one end of the turf house, on a large ash beam, by way of a spit, and turned with a wheel well contrived by Tom O’Brien. It was cut up from thence, and divided as wanting. The name of its being roasted entire was more than if two oxen had been served piecemeal. Six sheep were also sacrificed on the occasion, and, in short, plenty and hospitality graced both your board and your sod ; and a fine serene evening favoured happily the glee and hilarity of the meeting. All was happiness, mirth, and good humour. God save great George our king was cheered within and abroad, accompanied with fiddles, pipes, &c., &c.”

The Bandonians would admit of no piping or fiddling like this. ” In this town,” says Dr. Smith, writing of Bandon, in 1749, ” there is not a Popish inhabitant, nor will the townsmen suffer one to dwell in it, nor a BANDON, CASTLE-BERNARD. 497 piper to play in the place, that being the music used formerly by the Irish in their wars.” The town, at this time, could raise 1,000 men fit for arms. The woollen manufacture, an Irish trade which William III. was petitioned to suppress, and which he faithfully promised to discourage, once flourished here. The trade has now altogether left our shores, while the manufacture of linen has departed to the north, and with it the growth of flax. There are two parish churches in this town Kilbrogan and Ballymodan. The latter contains a fine old monument, erected to Francis Bernard, Justice of the Court of Common Pleas, with this inscription : FRANCIS BERNARD, ESQUIRE, OBIIT JUNE 29ra, 1731, JE 68.

From ‘A Kinsale Scrapbook. Phil O’Neill, Southern Star, 6th April 1935

https://docs.google.com/document/d/1EOxt8dq8L11PmSSGTpCHPKhnCRdwqJrvO9GprR6gMvM/edit

Fiddler: Abraham Watkins Esq, Cork Extensive Property Owner in Bandon, Will dated 12th July 1715, My Daughter Mary Watkins ‘Not to have one penny if she marries Darby Cartie the Fiddler’, Deed of 1718 between William Bailey, Ballinacolle, Myross, West Cork wherein Charles Stanton is to teach his daughter and four children dancing, jigs, hornpipes, minuets and country dances.

https://wordpress.com/post/durrushistory.com/32590

Pipers and Fiddlers for Tenant Gala on Kerry Estates of the Earl of Bandon 1793.

https://wordpress.com/post/durrushistory.com/28683

Aibidial Gaoidheilge Agus Caiticiosma, First Book Published in 1571, in Irish, in Ireland Acquired by Trinity College Dublin, 1995, TCD Hurling Team Photo, 1880. One Time Member Sir Edward Carson (Lord Carson).

https://wordpress.com/post/durrushistory.com/23345

1631. Cork City Council object to the playing of Hurling on the streets and direct the Lord President to abolish it.

https://wordpress.com/post/durrushistory.com/8844

Cowhair Hurling Balls

https://wordpress.com/post/durrushistory.com/8751

Record of the North Cork Regiment of Militia with Sketches extracted from History of the times in which its services were required, from 1763 to 1880. Taunts at Hurling Final.

https://wordpress.com/post/durrushistory.com/1935

http://www.invectis.co.uk/cork/cbscr.htm#map

https://docs.google.com/document/d/1iEOKEJwc_qDwTGnI_CgQcU77JzwWrJFeL-_7PN2G1zU/edit

Magistrates   See here. 

This article is an accumulation of information on all elements of the practice of law by local

magistrates in Ireland (and indeed Ireland in general).  It outlines the legal basis on which

magistrates were appointed, and their social and economic backgrounds.  It also includes

accounts of their practices, good and bad, and commentaries from various writers on the same. 

 There are also accounts of political and violent actions taken against magistrates at various

times.  The major part of the article is an annotated list of magistrates based on information

from a range of sources.  Nobody knows how many magistrates there were.  James Chatterton in the 1820s was Clerk of the Crown and Peace (State Solicitor equivalent) in the 1820s and confessed in a return to the UK Parliament that he had no idea how many magistrates there were in the county.  He said formerly the Lord Chancellors office had notified him of the appointment but this had been discontinued.  Additionally certain offices entitled the holder for the year he held the office eto be a magistrate.  This includes the Lord Mayor of Cork, the Provosts of Bandon, Charleville Clonakilty and the Mayor of Youghal.  There were numerous appointments from the 1890s onwards and a third of others were nominees of the Irish Parliamentary party.  You continuously come across references to people at political meetings attending funerals described as JPs or magistrates.   It is likely all the Lord Chancellors’ records were lost in the destruction of the Public Records Office in 1922.   There are approximately 3,400 magistrates listed.

Role of Magistrate (Justice of the Peace), p. 2.

Social and Economic background, p. 8.

Penal Enactments on Papists, 1712-1772,  p. 10, 475.

Hearth Tax Collection, 1662-1793, p. 12.

Reform from 1814, p. 13.

Military magistrates, 1789-1836, p. 14.

Appointment of British Army Officers, 1821, p. 15.

1821 Census. P. 15.

1821, Dismissal of Catholic and Liberal Protestant Magistrates, p. 16.

1827, Justice for Sale, p. 16.

1827, Petty Session Courts, p. 17.

Tithe Agitation, p. 18. 

1831 Return of Magistrates. P. 19.

RIC  Recruitment, p. 20.

Daniel O’Connell criticism, p. 20.

Enforcement of Sabbath, p. 21.

Friendly Societies, p. 22.

1884, Protest Against Removal of Lord Rossmore, Grand Master Monaghan Orange Order, p. 23.

RIC Inspectors sitting on Magistrates Bench, p. 24.

1893, Davitt Magistrates,  p. 25.

Irish Speaking Magistrates, p. 26.

References in James Joyce Ulysses, p. 27.

War of Independence, Killings, Kidnappings, Big House Burnings, p. 27

Women Magistrates, p. 33.

Post 1922, p. 33.

Listing of Magistrates by surname, p. 33.

Sources, p. 460.

Finances/Probate, p. 463.

Books used 1730s, p. 474.