Wednesday, January 4, 2017

The justiciar court at Tallow in 1295

The justiciar court at Tallow in 1295

Niall C.E.J. O’Brien

On 27th May 1295 Thomas Fitz Maurice, custo and justiciar of Ireland, held court at Tallow, then in County Cork, to hear legal cases from the lower courts held in the County. Thomas Fitz Maurice was head of the Fitzgerald family of Munster. He owned sizeable estates in north Kerry and west Limerick and was Lord of the Decies in Co. Waterford. Thomas Fitz Maurice had served as keeper of the land of Ireland and deputy justiciar up to 19th April 1295 when he was appointed justiciar by the King’s council of Ireland on the death of William de Oddingseles.[1] For much of his time in office in 1295 Thomas Fitz Maurice was busy with a costly campaign against a major rebellion in the Leinster Mountains which drew troops from as far as Connacht and Munster.[2]

Previous justiciar visit to Tallow

The 1295 visit to Tallow by the justiciar was not the first time that the highest government official in medieval Ireland came to Tallow. On 22nd September 1288 John de Sandford, Archbishop of Dublin and keeper of Ireland, arrived in the town after visiting Dungarvan on the previous day. It is very possible that John de Sandford heard some court cases while at Tallow but the records have not survived. Instead we do know that 53s 3½d was spent in the town to cover his food and lodgings for himself and his retinue of officials and soldiers. The next day John de Sandford moved on to Carrigtwohill.[3]

The justiciar court in Tallow in 1295

Thomas Fitz Maurice had prior to his arrival in Tallow held court at Clonmel on 23rd May. Therefore sometime between the 24th and 26th May he travelled to Tallow. Accompanying Thomas Fitz Maurice were a number of the chief officers of the English government in Dublin.

It is not known where in Tallow the justiciary court was held. The local parish church was often used as the local community hall in medieval times. There was possibly some manorial building in the town but the exact nature of this building is unknown.

First case

On 27th May 1295 (Friday of Pentecost week) the first case heard in Tallow concerned an action between Reginald de Dene and George de Rupe, on a plea of attaint, by David Fys. The case was previously heard at Cork on the morrow of S. James (1st May), at which day Reginald and George were in attendance. The case was adjourned to Tallow where George de Rupe asked the Custos that the writ be delivered to him, because it was defective; and this was agreed.[4] Tallow was then part of the medieval County of Cork and remained part of Cork until the sixteenth century.

George de Rupe was born about 1266 and was the son of Gerald de Rupe, junior. The latter in turn was son of Gerald de Rupe senior who died at the battle of Callann in south Kerry in 1261. Gerald de Rupe senior married Helen FitzAnthony, daughter and co-heir of Thomas FitzAnthony. Reginald de Dene was a cousin of George de Rupe was the son of Thomas de Dene, son of William de Dene and Emma de Rupe, daughter of Gerald de Rupe, senior and Helen FitzAnthony. Reginald de Dene held half of Ofhearghusa from Thomas de Clare in 1288 and at the time of his death in 1302 this land included half the town of Tallow.[5] 

The only half of Ofhearghusa and Tallow was held by the de Exeter family. Thomas Fitz Maurice, the justiciar, was cousin of both George de Rupe and Reginald de Dene as descendant of Margery FitzAnthony, daughter of Thomas FitzAnthony, and John FitzThomas of Shanid in Limerick.



Tallow town today

Second case

The second case heard at Tallow in 1295 was an action for assize of novel disseisin. The assize of novel disseisin (recent dispossession") was an action to recover lands of which the plaintiff had been disseised, or dispossessed of. The action became extremely popular in medieval law courts because rather than dealing with the issue of lawful possession, it simply asked whether a dispossession had taken place, in which case the property was restored to the plaintiff, and the question of true ownership was dealt with later.[6]

In this case Matilda, Richard, and Simon Cod were said by the prosecution to have disseised Adam Cod, of one messuage, 30 acres of land, and 8 acres of moor, in Balyfyhynthe. The Cod family first came to the Cloyne area before 1244 when Laurence Cod attested a deed of Bishop Alan of Cloyne. Balyfyhynthe could be Balyniraghty where in 1313 John, son of William Cod, won a plea of novel disseisin against Martin Fitz Richard Cod for 14 acres.[7] Balyfhyhnthe was possibly somewhere in the Cloyne area – its exact location is uncertain.

In the 1295 case of novel disseisin at Tallow, Richard Cod said, in his defence, that he had only custody by reason of the minority of said Matilda, sister and heiress of John Cod, son of John Cod, deceased, who held the tenement of him. Simon Cod was clearer in his defence by saying that he did not claim anything of the property at Balyfyhnthe.

Then Matilda Cod (called Johanna in the record) said that John Cod junior, her brother, died seized of the property and on his death entry was made in her right by Richard as her guardian. She says that Adam never had fee or freehold and the Jury found in her favour. Because Adam Cod made a false claim he was in mercy of the courts.[8] As such he was subjected to a fine or period of jail if unpaid. Often people who made a false claim at court got a pardon later from the justiciar which only encouraged people to make false claims.

In 1301 a person called Richard Cod disseized another person of land at Sythan (Carrigshane in the parish of Ballynacorra). In 1315 Richard’s house in Moyossith (Mogeesha) parish was burnt by felons. The Cod family were resident in Mogeesha parish until at least 1690 when David Cott was outlawed.[9] Mogeesha civil parish is situated just south-west of Midleton on the north-eastern side of Cork harbour and on the south side of the Cork to Youghal road.[10]

Third case

The third case heard at Tallow in May 1295 was another assize of novel disseisin. In this case Odo de la Freyne, Fulco de le Freyne of Cork, and Richard de Barry were said to have disseised Elizabeth, wife of Richard de Assheburn, of her freehold in Moyhyle, viz., one messuage, 5 carucates of land, 9 acres of meadow, 260 acres of wood, 100 acres of pasture, and 200 acres of mountain. By another writ Odo and Richard were complained against for having disseised Elizabeth of one carucate of land, 5 acres of wood, one water mill, two weirs, in Moyhyle, and of two marks rent in Barnmachywyr, and half a mark rent in Adlescomleg.[11]

It is not possible to clearly identify the places named in this case. Odo de la Freyne was lord of the parish of Knockmourne in the area of present-day Conna and it is possible that these were local places. Moyhyle could be associated with Moyele which today is known as Mogeely.[12] Odo de la Freyne (also written as de Fraxineto), son of Geoffrey de Fraxino, also had land in Co. Kilkenny at Kilmenan in the Barony of Fassadinan. Fulco de la Freyne is possibly identified as the person of that name who held 7 carucates in Dromercher, Co. Kilkenny from Odo de la Freyne. In 1302-3 Fulco de la Freyne was seneschal of Kilkenny.[13]

In defence Odo and Fulco de la Freyne said that one David de Barry died seized of the tenement in his domain as of fee, and that he died without heir of his body. The right of the property then descended to Sydonia, his sister, and from her to David de Beauver, her son. David de Beauver was succeeded by his daughter, Elizabeth, the wife of Richard de Assheburn[14] (possibly the Richard de Ashbourne who was sheriff of Co. Limerick), and the defendant in the case.[15]

Odo and Fulco claimed that Sydonia de Barry and David de Baeuver died before the death of David de Barry. Therefore on the death of David de Barry, Odo de la Freyne entered the property by reason the minority of Elizabeth, she being, as heir of David de Barry, in his custody. But the prosecutor alleged that Odo de la Freyne alienated the property to the disinheritance of Elizabeth de Assheburn who was in his guardianship, and by this action she was disseised. In defence Odo de la Freyne said that he did not do any injury or disseisin, and that he does not claim any fee or freehold there, but only dominium and guardian.

But Richard de Barry and Elizabeth de Assheburn continued to say that Odo de la Freyne did enter the property by reason of the custody of Elizabeth as heiress of David de Barry, with the intention to claim title. Odo de la Freyne answered that he did not so enter to disseisin her. At this point the case seemed to be ready to go to the jury for decision when Richard de Barry said that the assize ought not to be taken, because whereas Richard and Elizabeth had previously claimed that David de Barry died seized without heir of his body, Richard de Barry then claimed to be the son of said David, and had possession of the property as his heir.[16]

With this twist in the case, the justiciar, Thomas Fitz Maurice, adjourned the case to the next sitting of the court at Cork on the morrow of St. James. Subsequently Richard de Barry and Elizabeth de Assheburn withdrew their case and do not prosecute the case at Cork. Therefore they and their pledges, Walter Cole and Thomas, son of Philip, were in mercy. Afterwards they were pardoned by the justiciar.[17]

Fourth case

The fourth case of the day was from Maurice le Blond who complained of Godebert de Rupe. Maurice le Blond claimed he was pledge for Godebert against Thomas, son of Robert, for a debt of 40s. But Godebert de Rupe didn’t acquit him of the pledge. Consequently Maurice le Blond was attached to come to the Exchequer in Dublin for two terms, and in the end had to pay the 40s to Thomas for Godebert's debt along with his own expenses estimated at 24s and half a mark.
After paying the debt, Maurice le Blond and other the pledges (who were unnamed), sued Godebert de Rupe in the Exchequer Court at Dublin, and it was adjudged there that Godebert's lands be extended and delivered by the extent of the debt to the pledges. Maurice le Blond said he was ready to receive the extent if he could have it to cover his costs and the debt but that Godebert de Rupe blocked him.

Godebert de Rupe (otherwise de la Roche) came to court at Tallow and acknowledged that he put Maurice as his pledge for the debt. The jury decided that Godebert had impeded Maurice from having the extent. Therefore it was decided that Maurice should have recovery of his money with damages estimated at one mark, and that Godebert de Rupe was in mercy for trespass.[18]

It would appear that Godebert de Rupe was a landowner in Co. Waterford as in June 1300 he appears among the jury to decide on the Weyland ownership of Cloncrydryn. Also around 1300 Godebert de Rupe was fined, with many others, for not keeping the peace in the cantred of Tarmun (around Lismore/Mocollop area). Earlier, in 1297, Godebert de Rupe was accused of stealing two cows from Agnes Clement of Colenagh, Co. Waterford. Maurice le Blond seems also to have had Waterford connections. In 1297 a person called Maurice le Blund was serjeant of the County.[19]

End of the Tallow court sitting

This concluded the cases heard by Thomas Fitz Maurice at the Tallow court sitting. After Tallow Thomas Fitz Maurice and his court officials moved on to Limerick where on the 30th May 1295 they held a new court session.

Before they left the justices possibly gave instructions at Tallow, on Friday before the feast of the Holy Trinity, to Robert de Arundel, coroner of Olethan (later known as the Barony of Barrymore), to deliver the goods of Royry Ohethe to John de Barry. These goods were previously taken into the king’s hand and Robert was to answer for them.[20]

October sitting of the Tallow court

Sometime before 18th October 1295 John, son of Simon, was summoned before the Justices at Tallow, by John de Haye and Thomas Pembroke on a fine of six pence and then let go. Later at Cork in October 1295 John, son of Simon, was charged with possessing stolen cattle with others. The fine imposed at Tallow was called into doubt as John, son of Simon, was subjected to court proceedings over the stolen cattle. In the end the jury at Cork found John, son of Simon, not guilty of possessing stolen cattle and so the fine at Tallow stood as lawful.[21]

Other court cases at Tallow

It is very likely that there were other court cases at Tallow before and after 1295. We noted earlier how John de Sandford, Archbishop of Dublin and keeper of Ireland, visited Tallow in September 1288 to hear court cases.[22] The town continued to serve the local community as a market town throughout the medieval period although by the end of the sixteenth century Tallow was described as a much decayed town.

In October 1295 John Wogan, lord of Picton in Pembrokeshire, was appointed justiciar by King Edward and arrived in Ireland in December when Thomas Fitz Maurice stood down.[23] After leaving the office of justiciar, Thomas Fitz Maurice returned to Munster where he continued to assert his authority of the other Norman lords and the McCarthy kingdom of Desmond. When he died in 1298 the Annals of Inisfallen described Thomas Fitz Maurice as ‘there was not in Mumu a baron more modest, more hospitable, or of greater prowess than he’.[24] Thomas’s second son, Maurice Fitz Thomas, had a very eventful life and was created first Earl of Desmond.


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[1] Philomena Connolly (ed.), Irish Exchequer Payments (Irish Manuscripts Commission, Dublin, 1998), p. 123
[2] Cormac Ó Cléirigh, ‘The Problem of Defence: A Regional Case-Study’, in Law and Disorder in the Thirteenth century Ireland: The Dublin Parliament of 1297, edited by James Lydon (Four Courts Press, Dublin, 1997), p. 28
[3] H.S. Sweteman (ed.), Calendar of Documents relating to Ireland (5 vols. Kraus reprint, 1974), Vol. 3 (1285-1292), p. 266
[4] James Mills (ed.), Calendar of the Justiciary Rolls of Ireland, Edward 1, 1295-1303 (Stationery Office, Dublin, 1905), p. 15
[5] Eric St. John Brooks, Knight’s fees in Counties Wexford, Carlow and Kilkenny, 13th-15th Century (Stationery Office, Dublin, 1950), pp. 48, note 1, 50
[7] Paul MacCotter and Kenneth Nichols (eds.), The Pipe Roll of Cloyne: Rotulus Pipae Clonensis (Cloyne Literary & Historical Society, 1996), pp. 152, 153
[8] James Mills (ed.), Calendar of the Justiciary Rolls of Ireland, Edward 1, 1295-1303, p. 15
[9] Paul MacCotter and Kenneth Nichols (eds.), The Pipe Roll of Cloyne: Rotulus Pipae Clonensis, p. 176
[10] Tim Cadogan (ed.), Lewis’s Cork: a topographical dictionary of the parishes, towns and villages of Cork city and county (Collins Press, Cork, 1998), pp. 364, 365
[11] James Mills (ed.), Calendar of the Justiciary Rolls of Ireland, Edward 1, 1295-1303, p. 15
[12] Paul MacCotter and Kenneth Nichols (eds.), The Pipe Roll of Cloyne: Rotulus Pipae Clonensis, p. 161
[13] Eric St. John Brooks, Knight’s fees in Counties Wexford, Carlow and Kilkenny, pp. 184, 185, note 5
[14] James Mills (ed.), Calendar of the Justiciary Rolls of Ireland, Edward 1, 1295-1303, p. 15
[15] H.S. Sweteman (ed.), Calendar of Documents relating to Ireland, Vol. 4 (1293-1301), p. 377
[16] James Mills (ed.), Calendar of the Justiciary Rolls of Ireland, Edward 1, 1295-1303, p. 15
[17] James Mills (ed.), Calendar of the Justiciary Rolls of Ireland, Edward 1, 1295-1303, p. 16
[18] James Mills (ed.), Calendar of the Justiciary Rolls of Ireland, Edward 1, 1295-1303, p. 16
[19] 38th Report of the Deputy Keeper of the Public Records in Ireland (Stationery Office, Dublin, 1906), p. 64; James Mills (ed.), Calendar of the Justiciary Rolls of Ireland, Edward 1, 1295-1303, pp. 129, 133, 333
[20] James Mills (ed.), Calendar of the Justiciary Rolls of Ireland, Edward 1, 1295-1303, p. 71
[21] James Mills (ed.), Calendar of the Justiciary Rolls of Ireland, Edward 1, 1295-1303, p. 64
[22] H.S. Sweteman (ed.), Calendar of Documents relating to Ireland, Vol. 3 (1285-1292), p. 266
[23] A.J. Otway-Ruthven, A history of Medieval Ireland (Ernest Benn, London, 1980),p. 212
[24] Katherine Simms, ‘Relations with the Irish’, in Law and Disorder in the Thirteenth century Ireland: The Dublin Parliament of 1297, edited by James Lydon (Four Courts Press, Dublin, 1997), p. 81

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