Showing posts with label Thomas Fitz Maurice. Show all posts
Showing posts with label Thomas Fitz Maurice. Show all posts

Monday, June 5, 2017

Barnankile castle: a hall house in the Waterford landscape

Barnankile castle: a hall house in the Waterford landscape

Niall C.E.J. O’Brien

The ruins of Barnankile castle is situated in the townland of that name in the civil parish of Kilrossanty in mid County Waterford. Barnankile means the ‘Gap of the Hazel Copse’. The building stands on an east facing slope with the Comeragh Mountains as a backdrop in the west. The castle is officially classified within the small seigniorial castles known as a hall house. These buildings are generally two-storey structures with a defended ground floor and a great hall on the first floor. The entrance is normally on the first floor by way of an outside timber or stone staircase. Most hall house types said to be thirteenth century with a few examples in the fourteenth century or later.[1]

Medieval Barnankile

Barnankile was in the thirteenth part of the large manor of Comeragh and owned by the Fitzgerald family of Shanid in County Limerick who were raised to the peerage as Earls of Desmond in 1329. In July 1298 an extent of the manor of Comeragh was made in Dungarvan following the death of Thomas Fitz Maurice. The manor was valued at £13 10s 10¼d (in 1300 revalued at £12 15s) and extended from Seskinan, on the Dungarvan to Clonmel road, to Kilrossanty and onto Stradbally by the sea. Apart from the mill at Stradbally no structure was mentioned.[2] It is therefore unclear if Barnankile castle was built by 1298 or was later in the fourteenth century. Elsewhere the escheator accounted for £6 15s 5¼d in income for Comeragh manor. This record also mentions Stradbally mill bot no mention of any castle.[3]

The extent of the manor of Dungarvan mentions a good number of places in 1298 but none that can be identified as Barnankile. This is not surprising as later records associate Barnankile with Comeragh manor.[4] 

Arrival of the first O’Briens

In the late fourteenth century Barnankile became associated with the O’Brien family. There were two migrations of O’Briens from their native County Clare to County Waterford in medieval times. In the late eleventh century, Murtagh Mór O’Brien, King of Thomond and Munster, settled some members of his extended family in County Waterford, then known as the Kingdom of the Deisi. This was to strengthen his control over the Deisi and keep an eye on the Vikings of Waterford city. The McGrath clan also came from County Clare to Waterford at the same time and for the same reason.[5]

At first the O’Brien clan were settled along the Blackwater and Suir rivers but following the Norman invasion of 1169 they were pushed into the higher ground around the Comeragh Mountains.[6]

Arrival of the second O’Briens

After the death in 1367 of Mahon O’Brien, King of Thomond, his brother, Tirlagh Maol became king but shortly after he was displaced by Brian Sreamhach O’Brien. The Earl of Desmond came to the assistance of Tirlagh Maol at the battle of Monasternenagh but both lost. As compensation, in 1370, the Earl of Desmond settled Tirlagh Maol O’Brien in the manor of Comeragh in County Waterford. Thus Tirlagh Maol O’Brien came to live at Barnankile castle and died there in 1398.[7]

Building of Barnankile castle

When Tirlagh Maol O’Brien came to Barnankile in 1370 it would appear that the castle was built by that time. The historical records are not extensive enough to say when the castle was built and no archaeological excavation has been carried out on the site to locate any dateable evidence. It is not mention in 1298 but as Professor Mike Aston used to say ‘The absence of evidence [is not the] evidence of absence’.[8] The window surrounds could have provided some dating evidence but they were removed long before 1901 by people seeking as easy quarry for stone.[9]

Barnankile castle c.1901 - Waterford County Museum photo

Grant of Barnankile in 1413

In 1413 James, 7th Earl of Desmond, granted Tirlagh mac Tadhg O’Brien the manor of Comeragh subject to the payment of an annual chief rent. The manor cover eight plowlands and included the townlands of Comeragh, Briska, Knockancullin, Crough, Gortnalaght, Furraleigh, Kilcomeragh, Graiguerush, Cutteen, Ballykilmurry, Curraun, Barnakile, Boulattin, Curraheen, Knockyelan, Bellaheen, Leamybrien, Kilgobnet, Ballyknock, Inchindrisla, Killadangan, Ballyconnery, Currabehy, Kilbrien, Ballynakill, Kilfarrel, Coolnasmear, Scartnadriny, Bohadoon and Barracree.[10]

O’Briens of Barnankile

After 1421 when much of the Fitzgerald estate in County Waterford was entrusted to the Fitzgerald family of Dromana, the O’Brien family of Barnankile paid the chief rent to Dromana and no longer to the Earl of Desmond.[11]

The O’Briens of Barnankile became noted horsemen with smart harness for their horses and flamboyant dress code, particularly in ceremonial occasions.[12] They were known as the O’Briens of the Silken Bridles.[13]

In the wars between the Earl of Desmond and the le de Poer family of County Waterford in the sixteenth century, the O’Briens of Barnankile sided with the de la Poers. At the battle of Curraghbaha East (also known as the battle of Boreen-na-Gurp) both families were heavily defeated.[14] In the early seventeenth century both families fell out of friendship and in June 1639 Thomas Power of Carrickanure challenged Derby O’Brien of Kilcomeragh for the ownership of Comeragh manor. The deed of 1413 was produced in court and the O’Briens continued to hold Barnankile and the Comeraghs.[15]

Among the chiefs of the O’Brien family to live at Barnankile included Tirlagh O’Brien (alive 1421), Tirlagh O’Brien (grandson of the latter), Donagh O’Brien, Tirely O’Brien (pardoned 1567), and Donagh O’Brien (pardoned 1620).[16] Although Barnankile castle was the grandest of all the O’Brien castles the chief of the family in the seventeenth century, Derby O’Brien, preferred to live at Kilcomeragh.

In the famous battle of Affane in 1465 the O’Briens of Barnankile supported the Earl of Ormond and their immediate chief, Sir Maurice Fitzgerald of Dromana against the Earl of Desmond. Yet within twenty years many O’Briens went out in rebellion and supported the Earl of Desmond. These were pardoned and for a time kept their lands.[17]

But having survived the reign of Queen Elizabeth the O’Briens were under pressure in the reign of James the First. Early in the reign King James granted the eight ploughlands held by the family since 1413 to Richard Nugent, Lord Delvin in Westmeath. This grant was forever subject to a chief rent of £5 per year to Dromana. By 1618 Derby O’Brien of Kilcomeragh had come to an understanding with Richard Nugent of Cloncoskeran and they both became trustees of the McGrath estate of Mountain Castle.[18] In 1639 Derby O’Brien was a witness to the lease of Mountain Castle by Philip McGrath to his son, John McGrath and Edmund Butler (brother-in-law of John).[19]

Barnankile in 1640

In 1640 Derby O’Brien of Kilcomeragh held the one and a half ploughlands of Barnankile and Curriheenedoty. There a chief rent of £3 per annum payable to the Fitzgerald family of Dromana from the property. Barnankile castle was described as a mansion house with a considerable slate roof encircled by a large bawn.[20] The considerable slate roof was remembered in local folklore up until 1938 when Shelia Flynn recorded this feature in the Folklore Commission Schools Collection.

Around the house were outbuildings and a good orchard and quickset hedges which implies a well layout landscape. Nearby was a mill worth £4. The land had 150 maturing trees with 150 acres of meadow, 94 acres of pasture and 4 acres of meadow and this land was worth about £16.5 per acre.[21]

Confederate War 1641-53

In October 1641 rebellion broke out in Ireland to follow the war in Scotland and the forthcoming civil war in England. Tirlagh and Donagh O’Brien of Barnankile joined their neighbours in rebel. In January 1642 Tirlagh O’Brien defeated Lord Broghill’s army at Affane and advanced across the River Blackwater into the English area of control.[22]

With this advance of the Irish forces many English settlers came to have suffered physical harm and to be robbed of their possessions. Charles Hart of Kilgobinet claimed that Tirlagh O’Brien robbed him of £9. Katherine Croker of Ballyanchor claimed that she was striped and robbed of £42 by various people including Tirlagh O’Brien.[23]

By July 1642 the English forces had recovered from their initial setbacks and went on the advance. Lord Broghill retook Cappoquin and relieved Knockmoan castle on the road to Dungarvan.[24]
At the start of 1643 Sir Charles Vavasour took charge of the English army in County Waterford and advance on Dungarvan. After a hard fight he took the town and castle. Vavasour then moved eastwards to Barnankile castle.[25] A fierce battle was fought at Barnankile castle in 1642 [1643?] as the O’Brien were entrenched behind the barricades. It was said that about eight hundred people were killed.[26] But the battle was a draw rather than a victory for either side. The strong medieval walls of the hall house were just too much. Instead Vavasour moved on to take Kilcomeragh castle without a fight and went on to take Kilmacthomas and Stradbally.[27]

Local folklore says that after the O’Brien family left Barnankile the O’Whelan family had the castle in the late 1640s. In 1649 the castle was attacked by Oliver Cromwell’s forces while O’Whelan was in occupation. The castle was bombarded from the top of Grawn Hill.[28]

This story is in conflict with other accounts. On 2nd December 1649 Oliver Cromwell lifted the siege on Waterford and moved onto Kilmacthomas. On the following day he crossed the Mahon River and advanced on Barnankile and Kilcomeragh castle. On this day the O’Briens were still in residence and were actually surprised by Cromwell’s advance. It seems the family offered some resistance and four sons of Derby O’Brien were said to be hanged for this.[29]

Barnankile after 1653

Although Derby O’Brien appears not to have gone out personally to fight in the Confederate War he suffered blamed like many others. The Parliament government had promised their soldiers land in Ireland in lieu of their long overdue wages and so Barnankile was in the line of fire for confiscation. In 1653 Derby O’Brien, his wife Mary and their family were transplanted to Connacht.[30]

In about 1660 there were 34 tax payers in Barnankile townland, the second highest population figure in Kilrossanty parish – Ballykerogemore had more people (38 tax payers).[31] In 1662 James Fitzgerald, Daniel oge McGrath, John Grant, Nicholas Power, Edmund O Mychan, Morish Forehane, Frances Hally and Teige O Mulcahy were all residents at Barnankile and were all husbandmen.[32]
The restoration of King Charles II held out the promise of restoration of the confiscated Irish lands but the king found this politically impossible to do even if he wished to do so. Instead further people were named as former rebels. In the 1660s Terence O’Brien of Kilcomeragh was indicted as a rebel during the Confederate War (1641-1653).[33]

But of course not all the confiscated land was acquired by retired English soldiers. Much of the O’Brien estate in Kilrossanty parish was taken over by Katherine Fitzgerald, daughter of Gerald Fitzgerald of Dromana. The house of Dromana was the previous head landlord of these lands and so had a good claim to have the property.[34] By 1850 Barnankile had passed to the Kennedy family with Sir Charles Edward Kennedy, baronet, as immediate landlord.[35]

Barnankile c.1940 showing south wall and outer west wall

Later accounts

Local folklore recounts the story that there was gold hidden in the castle. Yet although the castle has only possessed two outer walls for many decades, possibly centuries, few people have ventured in the find the gold or they would be chased by two black bulls.[36] It is not known when this story first became popular.

In 1746 Charles Smith mentioned the ancient castle at Barnankile but gave no description of it save to say that it was surrounded by a large tract of wood.[37]

In about 1840 John O’Donovan described Barnankile as a two storey structure with large window embrasures in the first floor.[38] A photo of Barnankile castle, taken about 1901, shows the outer west wall and a portion of the south gable wall.[39] This was the same description given by Shelia Flynn in the 1938 Schools Folklore collection. Shelia Flynn gave the castle dimensions as sixty feet long by twenty-five feet wide by thirty feet tall with the recollection of it once having a flagged roof.[40]

The Archaeological Inventory of County Waterford, published in 1999, described Barnankile as a strong-house of internal dimensions of 19.65meters N-S and about 6.85meters E-W. By 1989 only three double-splay loops in lintelled embrasures could be seen in the west wall. That same wall had fallen considerably since 1938 as it was only about 3meters high or about 10feet.[41]

It is not known for how long more the seven hundred year old Barnankile castle will survive. Even to find it on the ground can be a challenge as it is sited at different locations in different maps. Yet it is an important castle to preserve as a hall house type of castle are not that common in County Waterford and they bridge the gap between the great Anglo-Norman castles of the thirteenth century and the more numerous tower houses of the fifteenth and sixteenth century.

Bibliography

Ainsworth, J., ‘Survey of Documents in Private Keeping’, in Analecta Hibernica, No. 25, 1967

Ainsworth, J. & MacLysaght, E., ‘Survey of Documents in Private Keeping’, in Analecta Hibernica, No. 20, 1958

Aston, M. and Gerrard, C., Interpreting the English Village: Landscape and Community at Shapwick, Somerset (Oxford, 2013)

Moore, M. (ed.), Archaeological Inventory of County Waterford (Dublin, 1999)

O’Brien, F., The O’Briens of Deise (author, 2001)

Pender, S. (ed.), A census of Ireland circa 1659 with essential materials from the Poll Money Ordinances 1660-1661 (Dublin, 2002)

Simington, R. (ed.), The Civil Survey A.D. 1654-1656 County of Waterford Vol. VI with appendices (Dublin, 1942)

Smith, C., The Ancient and Present State of the County and City of Waterford, edited by Donal Brady (Dungarvan, 2008)

Sweetman, D., ‘The origin and development of the tower-house in Ireland’, in Ludlow, J. & Jameson, N. (eds.), Medieval Ireland: The Barryscourt Lectures I-X (Cork, 2004), pp. 261-287

Sweetman, H.S. (ed.), Calendar of Documents relating to Ireland (5 vols. Liechtenstein, 1974), vol. 4, 1293-1301

Tallon, G. (ed.), Court of Claims: Submissions and Evidence 1663 (Dublin, 2006)

Walton, J., ‘The subsidy roll of County Waterford, 1662’, in Analecta Hibernica, No. 30, 1982, pp. 49-96

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End of post

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[1] Sweetman, D., ‘The origin and development of the tower-house in Ireland’, in Ludlow, J. & Jameson, N. (eds.), Medieval Ireland: The Barryscourt Lectures I-X (Cork, 2004), pp. 261-287, at p. 264
[2] Sweetman, H.S. (ed.), Calendar of Documents relating to Ireland (5 vols. Liechtenstein, 1974), vol. 4, 1293-1301, pp. 259, 260, 340
[3] Thirty-Eighth report of the Deputy Keeper of the Public Records in Ireland (Dublin, 1906), p. 41
[4] Sweetman (ed.), Calendar of Documents relating to Ireland, vol. 4, 1293-1301, no. 551
[5] O’Brien, F., The O’Briens of Deise (author, 2001), pp. 30, 32
[6] O’Brien, The O’Briens of Deise, p. 34
[7] O’Brien, The O’Briens of Deise, pp. 38, 39
[8] Aston, M. and Gerrard, C., Interpreting the English Village: Landscape and Community at Shapwick, Somerset (Oxford, 2013), p. 132; Mick Aston Interviewed by Oxbow Books & The David Brown Book Company https://www.youtube.com/watch?v=1RR7-A3ghAQ accessed on 2nd June 2017
[10] O’Brien, The O’Briens of Deise, pp. 38, 39
[11] O’Brien, The O’Briens of Deise, p. 40
[12] O’Brien, The O’Briens of Deise, p. 40
[13] Dúchas, Shelia Flynn story for the Schools Folklore Collection = http://www.duchas.ie/en/cbes/5286167/5285600 accessed on 1st June 2017
[14] O’Brien, The O’Briens of Deise, p. 42
[15] Ainsworth, J., ‘Survey of Documents in Private Keeping’, in Analecta Hibernica, No. 25, 1967, p. 61
[16] O’Brien, The O’Briens of Deise, pp. 45, 46, 47
[17] O’Brien, The O’Briens of Deise, pp. 61, 67
[18] O’Brien, The O’Briens of Deise, pp. 71, 72, 92; Ainsworth, J. & MacLysaght, E., ‘Survey of Documents in Private Keeping’, in Analecta Hibernica, No. 20, 1958, p. 93
[19] Ainsworth & MacLysaght, ‘Documents in Private Keeping’, in Analecta Hibernica, No. 20, 1958, p. 95
[20] Simington, R. (ed.), The Civil Survey A.D. 1654-1656 County of Waterford Vol. VI with appendices (Dublin, 1942), p. 78
[21] Simington (ed.), The Civil Survey A.D. 1654-1656 County of Waterford Vol. VI, p. 78
[22] O’Brien, The O’Briens of Deise, p. 101
[23] O’Brien, The O’Briens of Deise, pp. 102, 103
[24] O’Brien, The O’Briens of Deise, p. 105
[25] O’Brien, The O’Briens of Deise, p. 107
[26] Dúchas, Margaret Kiely story for the Schools Folklore Collection = http://www.duchas.ie/en/cbes/4428144/4381560 accessed on 1st June 2017. Thank you to Aisling Corcoran for locating this source.
[27] O’Brien, The O’Briens of Deise, p. 107
[28] Dúchas, Shelia Flynn story for the Schools Folklore Collection = http://www.duchas.ie/en/cbes/5286167/5285600 accessed on 1st June 2017
[29] O’Brien, The O’Briens of Deise, pp. 110, 126
[30] O’Brien, The O’Briens of Deise, p. 51
[31] Pender, S. (ed.), A census of Ireland circa 1659 with essential materials from the Poll Money Ordinances 1660-1661 (Dublin, 2002), p. 337
[32] Walton, J., ‘The subsidy roll of County Waterford, 1662’, in Analecta Hibernica, No. 30, 1982, pp. 49-96, at p. 78
[33] Tallon, G. (ed.), Court of Claims: Submissions and Evidence 1663 (Dublin, 2006), no. 889
[34] O’Brien, The O’Briens of Deise, p. 131
[35] Griffith’s Valuation, Barnankile, Kilrossanty parish, Decies without Drum barony, County Waterford
[36] Dúchas, Margaret Kiely story for the Schools Folklore Collection = http://www.duchas.ie/en/cbes/4428144/4381559 accessed on 1st June 2017
[37] Smith, C., The Ancient and Present State of the County and City of Waterford, edited by Donal Brady (Dungarvan, 2008), p. 61
[38] Moore, M. (ed.), Archaeological Inventory of County Waterford (Dublin, 1999), no. 1624
[40] Dúchas, Shelia Flynn story for the Schools Folklore Collection = http://www.duchas.ie/en/cbes/5286167/5285600 accessed on 1st June 2017
[41] Moore, Archaeological Inventory of County Waterford, no. 1624

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