The Midland Boroughs in the 1830's - Maryborough

1. By the Act of 3, 4 Philip and Mary, c. 2, for the disposition of Leixe and Offaily, the territory of Leixe was erected into the Queen's County, and the name of Maryborough given to its capital.

Limits.

2. The Limits of the Borough of Maryborough are prescribed by charter to extend "to a distance of 8,000 feet, on every side of the walls of a castle or fort," which formerly stood about the centre of the town; and such, in practice, has been the extend of the jurisdiction, although no defined boundaries exist to mark it.

Charter of Elizabeth.

3. This borough was incorporated by Queen Elizabeth, by charter, bearing date the 4th April, in the twelfth year of her reign. (A.D. 1570.) It is enrolled in the Exchequer. (Rot. Mem. 29 Eliz. m. 31.)

This charter prescribes the mode of election of officers; contains a grant of a court, of a market, and of tolls and customs; constitutes the burgomaster a justice of the peace; and the burgomastser and bailiffs, escheators, clerks of the market, and coroners, within the district, reserving a jurisdiction over their acts to the Court of King's Bench. It confers upon the corporation all such liberties and free customs as belonged to the town of Naas.

James II.

A charter was subsequently granted, dated 19th March, 4 James II., and which is enrolled in Chancery. (Rot. Pat. 4 Jac. II. p. I, m. 46, d.). This charter was grounded on a supposed forfeiture of the franchises by a judgement of the Court of Exchequer, in Ireland; but such proceeding being void, and the charter of James not having been acted upon, at least within the memory of any living person, the corporation has been
Governing governed solely by the Charter of Elizabeth.
Charter.

Title.

4. In this charter it is entitled, "The Burgomaster, Bailiffs, Burgesses, and Commonalty of Maryborough."

Classes.

5. The corporation consisted of a burgomaster, bailiffs, burgesses, and freemen.

Officers.

6. The Officers are,

• One Burgomaster,
• Two Bailiffs,
• Burgesses,
• One Serjeant at Mace,
• One Town Clerk,
• One Billet Master,
• One Craner, or Weighmaster,
• One Poundkeeper.

The last three are not mentioned in the charter.

Burgomaster and Bailiffs, how elected: The Burgomaster and two Bailiffs were, by charter, to be elected annually by the burgesses and commonalty from amongst themselves, on Michaelmas day, to serve for one year; there is no provision that they should continue to act until successors were appointed. In practice they were so elected as long as the corporation was sufficiently numerous to constitute an assemblage for the purpose. In 1829, the body had so dwindled away, that three persons were not found to fill those offices, and no election took place.

The inhabitants insist that no election having been made within the time appointed by charter for the purpose, and the chief offices remaining for a year unfilled by the corporation, the body thereby ceased legally to exist; and that although four or five burgesses and freemen were alive; they had no right afterwards to exercise any municipal functions.

The members of the corporation proceeded upon a different impression, acting, as they allege, under the provisions of the statue of the 19 Geo. II. c. 12. On the 29th of September 1830, three of them, namely, one burgess and two freemen met; and the freemen elected the burgess (Major Cassan) to be burgomaster, and he, in return, named the two freemen to be bailiffs, and they administered the oaths of office to each other. This ceremony has since been annually repeated between the same parties.

Major Cassan has filled the office of burgomaster since 1813, except for the year 1829; during which no burgomaster was appointed by the members of the corporation, and during the same period there have been but three persons appointed bailiffs.

The charter directs that "the burgomaster and bailiffs shall, on the day of their election, take the oaths of office before the constable of the castle or fort of Maryborough; and, in his absence, before the burgesses and commonalty of the town."

The constable (Lord Maryborough) is non-resident, and the burgomaster relied on the third section of the Act of the 13, 14 Geo. III. c. 42, as justifying the course which had been taken with respect to the administering of the oaths in September 1830.

The residence of the present burgomaster is about a mile and a half from the town, and is not within the limits.

The inhabitants, in 1829, finding the district left by the corporation without a chief magistrate, proceeded to choose one for themselves, and Arthur Moore Moss, Esq. having been selected by them, acted as burgomaster through that year, and for part of the next, in the regulation of the town, and particularly of the markets; and conferred benefit upon the public by making extensive seizures of fraudulent weights and measures.

He erected new scales in the market-place, at which potatoes were weighed gratis, and 1d. a-sack was charged for corn, which went to defray the expense of the crane, and of the attendance upon it. Mr. Moss continued to act for some time after the appointment of Major Cassan, in 1830, but did not do so subsequently to the month of November in that year, although no effort was made by Major Cassan to stop him. In the year 1829, Mr. Moss caused a notice to be served on Major Cassan of an application to be made to the Court of King's Bench on his behalf, for an order on Major Cassan to give up the books and documents of the corporation; but after affidavits were filed on both sides he withdrew his notice, and paid the amount of the costs incurred by Major Cassan in preparing to resist him.

Mr. Moss is not a magistrate of the county, yet was he permitted to perform the magisterial duties of the borough, during the period above mentioned; and in no instance was the authority which he assumed, resisted.

On the other hand, although the public allege that the corporation has been extinct since 1829, the powers exercised by Major Cassan, as burgomaster, have been submitted to, nor have any legal proceedings been resorted to for a determination of the question as to the legality of his appointment. The inhabitants elected two persons to be bailiffs at the same time they elected Mr. Moss.

Functions: The burgomaster is, by charter, a justice of the peace within the district. He is also, with the bailiffs, escheator, clerk of the market, and coroner, and should preside with them in the Borough Court. The present burgomaster performs little or no duty; from his advanced age he would be unable, even if he were resident within the town, to pay sufficient attention to its regulation.

The burgomaster has no salary.

The charter duties of the bailiffs have been already specified, but of late years they have not performed any.
They have no salary nor emolument.

Burgesses, how elected: The charter neither limits the number of Burgesses, nor regulates the mode of their admission. In practice, admissions were made in the following manner:
The burgomaster and bailiffs, in Court Leet, sent the name of the candidate to a grand jury, composed exclusively of members of the corporation; if rejected by the jury, he could not be elected; but if allowed by them, the question of his admission was proposed by the burgomaster to the corporation at large; and, if passed, his name was entered in the corporation book, and he was admitted for life. This course had not been prescribed by any bye-law does not, in its terms, extend to burgesses.

The question as to the manner of admission of burgesses, has not recently arisen, as no burgess has been elected since 1783. There are three burgesses living, none of whom are resident within the limits.

Functions of: By charter, the burgesses had no Functions to perform, except those which they exercised as a portion of the corporation, in the election of officers, and other constitutional details.

As none of the existing burgesses, with the exception of Major Cassan, interfere in the affairs of the borough, and as he acts as burgomaster rather than as a burgess, this portion of the corporation has been long unrepresented at the corporate assemblies, and is virtually extinct.

Serjeant at Mace: The charter empowers the burgomaster to appoint the Serjeant at Mace, which has
accordingly been done. He is generally, but not necessarily, a freeman.

The present serjeant was appointed in 1832.

Functions of: Since the civil court of the Borough has ceased to exist, he has had no duties to perform, save those of attending on the burgomaster, and at the annual meeting of the corporation.

He has no salary. He formerly received some fees arising out of his duties in the civil court.

Town Clerk, &c.: The person who is serjeant at mace also fills the offices of Town Clerk, Billet Master, and Weighmaster; to which situations he is annually appointed by the burgomaster.

Functions. Charges at Crane: As town clerk, he attends at and records the proceedings of the annual meeting. He has no emolument as town clerk or billet master. As craner and weighmaster, it was stated that he charges a halfpenny a sack for weighing potatoes, (by the 25 Geo. II. c. 15,. s. 12, directed to be weighed gratis,) and 1d. a sack for weighing corn; for other matters he has no fixed charges, and accepts whatever he can induce parties to pay. Formerly the charges were much higher, as they are in the schedule of tolls, &c., which will be stated hereafter. Some complaints are urged of the manner in which soldiers are billeted. The evidence, although it may justify the suspicion of partiality, fell short of establishing the charge.

Poundkeeper: The Keeper of the public Pound is also appointed by the burgomaster, for one year.

Freemen.

7. Although the charter appears to have provided for the admission of all the inhabitants, yet at no time did inhabitancy, of itself, confer the freedom of this corporation.

Bye-law regulating Admissions: The freemen were, however, formerly very numerous. The mode of Admission was regulated by a Bye-law, which bears date the 29th of September 1738. By this law it was directed that no person should be admitted free, unless he preferred a petition for the purpose to the burgomaster in Court Leet, which petition should, if the burgomaster should think fit, and not otherwise, be referred to a grand jury, sworn at such Court Leet, and if such grand jury should find the petitioner fit to be admitted, that the petition and finding should be read in open court, and the question of admission proposed by the burgomaster; and if agreed to by a majority of the burgesses and commonalty present, and not otherwise, that the petitioner should be sworn and admitted.

The same bye-law gave to the burgomaster of each year, the power of admitting two freemen, and to the bailiffs the power of admitting one.

Admissions, 18th Oct. 1830. This bye-law, which appears to be signed by the burgomaster and bailiffs, and 60 burgesses and freemen, was acted on from its date to the year 1783, during which period the admissions were very numerous. This circumstance, however, is not to be imputed to the liberality of the corporation: it is ascribable to the conflicting interests of "the copatrons." The borough returned two Members to the Irish Parliament, from the 29th of Elizabeth to the year 1800; and the right of voting was exclusively exercised by the corporation, including the freemen. During, at least, the latter part of this period, the Parnell and Coote families entered into an arrangement that they should each return one member, and that there should be no more admissions; and accordingly no freeman was admitted or burgess elected in this corporation subsequently to 1783, until 1830. In the latter year the idea was entertained of reviving it, and a burgess and two freemen having met and nominated each other burgomaster and bailiffs burgomaster and bailiffs, as above detailed, they resorted to the bye-law of 1738, for the means of extending their numbers, and accordingly, on the 18th of October 1830, three persons were admitted to their freedom; two nominated to it by the burgomaster, and one by the bailiffs, under the bye-law, and three have been annually admitted since, in the same manner.

Some of the persons thus admitted are non-resident, and none are Roman Catholics, and it does not appear that there has been any Roman Catholic free of this corporation. A gentleman of that persuasion endeavoured to obtain his freedom in 1804, but was unsuccessful in the attempt.

Bye-law Against Admission of R. Catholics: There is a Bye-law on the books of the corporation, dated the 23d of July 1741, (and which is still unrepealed by any other bye-law,) against the Admission of Roman Catholics.

Major Cassan, who represents the corporation, stated that the body could do no more at present to extend itself, than to admit three freemen annually, under the bye-law, until they amounted to 12, the smallest number which could constitute a jury for the admission of burgesses and freemen in Court Leet, and which jury, as already observed, must be composed exclusively of members of the corporation.

Major Cassan stated that there were but the above-mentioned two freemen living at the time the three others were nominated in 1830.

No Fees: Freemen pay no fees on admission. It was stated that they pay their own stamp duty, which is the only expense attendant on admission.

Duties and Privileges: They perform no duties, and enjoy no privileges, at present. By charter they were entitled to vote at elections of officers, as well as burgesses; and it was thereby declared "unlawful for any person inhabiting within the borough to use any traffic, or any other faculty or occupation, unless he was admitted and allowed a freeman by the burgomaster, bailiffs, burgesses, and commonalty; and foreign or extern merchants were prohibited from selling by retail within the town and the franchises thereof, without the licence of the burgomaster, bailiffs, burgesses, and commonalty, any wares, or merchandise, which were conveyed, or brought from parts beyond the seas." These restrictions to trade are perfectly obsolete, and it did not appear that they had ever been enforced.

Formerly burgesses and freemen were exempt from payment of tolls and customs, and enjoyed the privilege of grazing cattle on the commons belonging to the corporation. Both classes also voted for Members of Parliament, prior to the Union. The usual sum of £15,000 was given for the loss of the elective franchise at the Union, and it was paid to the joint patrons, Sir John Parnell and the Right Honourable Charles Henry Coote, in equal shares.

Common Council. Bye-laws.

8. There is no recollection of the existence of a common council in this corporation, but in the oath taken by a freeman he swears to "keep all such rules, and bye-laws, as are, or shall be made by the common council of the town." This passage of the freemans' oath may be supposed to imply, that Bye-laws were, at one time, made by a select body; but it appears that the bye-law of 1738 was made by the corporation at large. The principal bye-laws that I discovered were those of the 29th of September 1738, and of the 23d of July 1741, above mentioned.

There is a book of bye-laws in the possession of Major Cassan, entitled, "Bye-laws and Acts of Assembly of Maryborough," dated 1731.

Jurisdiction.

9. The corporation have not, for many years, exercised any jurisdiction, civil or criminal, save what is performed by the burgomaster in his magisterial capacity.

Borough Court disused: A Borough was formerly held under the charter, and entertained claims to any amount; but having fallen into disuse about 40 years ago, and none of its records being now forthcoming, it is difficult to obtain information respecting it.

Process of: The burgomaster and bailiffs presided together in it, about four times in the year. The process was by attachment, which issued against the body or goods of the defendant, at the option of the plaintiff, and was obtained on an affidavit of the debt. The fee paid to the town clerk on each attachment process, was 2s. 8d., and a like sum to the serjeant at mace for the execution of it. The witnesses as to whether there was or was not a jury in this court.

Quarter Sessions: The local civil business of the borough is now transacted at Quarter Sessions, which are held here twice a year, namely, in April and October; and twice a year at Stradbally, distant 4 ½ miles, for the division of the county in which the borough is situate.

Assizes: This is also the assize town for the Queen's County, and assizes are accordingly held twice a-year, at the usual periods.

Petty Sessions: There are petty sessions weekly, at which county justices preside.

Police.

10. There is no corporate police. The town is the head quarter and depot for the constabulary of the Queen's County; of whom from 15 to 30 are usually quartered in it. The burgomaster has no control over them. They have occasionally aided the officers of health and county magistrates, in the regulation of weights and measures and in seizing unwholesome meat exposed for sale in the market. There is a chief constable, who is a justice of the peace for the county, stationed in the town.

Prisons.

11. There is no prison belonging to the corporation. The county gaol is within the limits.

The burgomaster commits prisoners to it. The present burgomaster is, however, a county justice; but a former burgomaster, who was not a magistrate of the county, also exercised that right. The county prison is capable of containing a very large number of prisoners.

Public Charities.

12. The corporation have no control whatever over any public schools, or other charitable foundations.

There are within the limits several schools, where gratuitous education is afforded, namely: a boys' school, supported by the Society for discountenancing Vice, aided by voluntary contribution; a girls' school, supported by the Irish Ladies' Society and Hibernian Society, and also by voluntary subscriptions; a boys' school supported by a small grant about £15 per annum from the Education Board, and certain perquisites given by the Roman Catholic clergyman; and a girls' school, supported by nuns; besides several Sunday schools.

The charitable foundations within the limits are: the Queen's County Infirmary, to which a dispensary is attached, and which is supported by grand jury presentment, assisted by voluntary subscriptions, and by fines, imposed at the assizes and sessions, and £89 1s. 9d., an annual Treasury grant; and the district Lunatic Asylum for the Queen's and King's Counties, the counties of Westmeath and Longford, supported by grand jury grants from these four counties, and small sums paid for some of the inmates by their friends.

Property Lands.

13. This corporation was possessed of very considerable landed property, but how they derived title to it was not disclosed. The charter does not contain a grant of any lands; and in the absence of documentary evidence it is difficult, if not impossible, to state what may have been the extent of this property. There was strong traditional evidence, that the corporation, upwards of a century ago, made a lease to an ancestor of the present Lord de Vesci, of from 80 to 100 acres of their lands, at a nominal rent; and that the lease expired in 1805; and it was stated that the present Lord de Vesci has since overheld these lands. The premises, said to be contained in this lease, are bounded on the north and east by the old commons of Maryborough; on the west, by Clonroorke, Lord Portarlington's estate; on the south-west by Knockmoy, Lord de Vesci's estate; and on the south, by the lands of Clonminum, described as being the estate of Pierce Moore, Esq. The registry has been searched in vain for a memorial of such conveyance.

There was also traditional evidence that Sir John Tidd got possession of "the Green Mill" from the corporation; and that "the Four Acre Field," adjoining it, and in possession of Lord Portarlington, also belonged to the body.

The land now claimed by the representatives of Lord Castlecoote, from "Holbrook's" to "the Mill," was also alleged to have been corporate property; and it was stated that the grandfather of Arthur Moore Mosse, Esq. got a part of "the Corporation Green," which Mr. Moore now holds.

It was further asserted that a small piece of land on the left of the Limerick road had been granted by the corporation to one Richard Senior, and is now in the possession of his wife's representatives and their tenants. It adjoins the new row of houses, at the new market-house, and is bounded on the other side by the Cunnebawn road. It was said that the site of the old market-house was corporation ground. It is now occupied by two dwelling houses, one in the possession of Mr. Diamond, and the other of Mr. Whelan, as tenants to Mr. Robert Graves, who built the houses. This Mr. Robert Graves purchased the plot at a sheriffs' sale, under an execution against one Thomas Graves, the son of Robert Graves the elder, who laid claim to the ground in 1796, by a title derived from the corporation. The title of the corporation to the foregoing lands depends solely on hearsay evidence; and, it is to be observed, that there is no mention made of any of them in the corporation books. As far as I could discover, no rent has ever been received or paid for any of them; but from their localities, and the reputation of the town, it is not improbable that they did, at a very remote period, form a part of the corporate estates.

There are on the registry memorials of several leases of houses and plots in and about the town, made by the corporation for long terms, at merely nominal rents. There is, particularly, one of a lease of the 29th October 1716, from the burgomaster and bailiffs, "with the assent of the burgesses and commons," to Bartholomew Senior, of a plot of ground adjoining the commons, and known by the name of the "Old Ground," for 999 years, at a yearly rent of 3s; and another of a lease, dated the 16th May 1740, from the same parties to Bartholomew Senior the younger, of a dwelling house and piece of ground adjoining the sessions house, and of premises, then known by the name of "the Ship;" and another piece of waste ground adjoining, on the north side of the sessions house, for the term of 999 years from 1st May 1740, at 5s. a year.

The Old Green. Leases.

Up to 1803, there was a large tract of land belonging to the corporation called "the Old Green or Commons of Maryborough," which comprised 180 acres, and was used as a common by the resident burgesses and freemen. In the year 1801 it was agreed that this land should be divided into two equal parts, and that a lease of one moiety should be made to Sir John Parnell and Lord Castlecoote, and of the other moiety to Major Cassan and Robert Graves; and accordingly, by a lease bearing date in the 17th of January 180, the corporation demised 90 acres of the green or commons lying on the right hand of the road leading to Mountmellick, to Sir Henry Parnell (his father Sir John having died in the interim) and Lord Castlecoote, to hold for a term of 999 years, at a rent of £27 6s.; and by another lease, of the same date, the corporation demised to Major Cassan and Robert Graves the part of the green or commons lying on the left side of the same road, containing 90 acres, or thereabouts, for the same term, at a like rent of 327 6s. per annum. The lease made to Major Cassan and Robert Graves was produced; that to Sir Henry Parnell and Lord Castlecoote was not forthcoming, but it was stated (and the fact is most probably so) that it contains similar covenants to those in the lease to Messrs. Cassan and Graves. By the reddendum the rent is reserved payable to the corporation during the term; but there is a subsequent convenant, that it shall be applied in paying to the then existing widows of burgesses and freemen, who had been resident, certain annuities, namely, an annuity of 5 guineas a-year to the widow of a burgess, and of 2 ½ guineas to the widow of a freeman, these annuities making together the full amount of the rent, and that, as the widows die and the annuities payable to them cease, the payment of the reserved rent shall diminish; and when all the widows die, the rent shall wholly cease.

It would seem that this arrangement was resorted to, to purchase the acquiescence of the widows of the burgesses and freemen, who then claimed a right of common and pasturage upon the lands about to be disposed of in the proportions to which their husbands had been entitled, namely, the burgess to two heads of cattle for every one grazed by a freeman.

The claims of the burgesses and freemen came next to be considered; and it was agreed that Major Cassan and Robert Graves should assign for their entire term, and at a ratable rent, a proportion of the lands comprised in the lease of the 17th of January 1803 to each resident burgess and freeman; and accordingly, the lands demised by the last-mentioned lease were divided into 13 lots, there being then resident 13 burgesses and freemen, including the lessees, Major Cassan and Robert Graves; and a lease of a lot was executed to each of them at a ratable proportion of the rent, of £27 6s., and subject to gradual diminution and ultimate extinction, on the deaths of the widows; and these burgesses and freemen, or their representatives, now hold their respective portions, discharged of almost all rent, for the residue of the term of 999 years, the widows being all dead except one. There is now a sum of only 5 guineas a-year payable under both leases.

There has been a partition between Sir Henry Parnell and Lord Castlecoote.

It would seem that £2 10s. per acre could have been had for the entire of the said lands at the time the leases were executed.

Sir Henry Parnell and Lord Castlecoote gave a sum of 130 guineas each as a consideration for their lease, which with other sums, amounting together to about £430, were expended in building a new market-house in the town.

Major Cassan and Mr. Graves, in the lifetime of the latter, and Major Cassan alone, since he became the survivor, received the rents from Sir Henry Parnell, Lord Castlecoote, and the other tenants, and paid over their annuities to the widows, for which Major Cassan produced vouchers.

It was state that Sir Henry Parnell was not a member of the corporation at the time the plan of dividing and enclosing the commons was entered into, and that some years after the grant, his attention having been called to the consideration of the propriety of the proceeding, he determined to expend, for the benefit of the town, a sum equivalent to the value of the land he had received, and gave his agent directions to have a valuation made, and appointed two respectable inhabitants as valuators; - that the valuation was actually commenced, but one of the gentlemen appointed to value died before it was concluded; - that he has since directed his agent to proceed with the business, and that, although from circumstances it has been neglected, he has never abandoned his intention of making remuneration, and has lately taken steps for carrying it fully into execution. Considerable sums of money, it is alleged, have been expended, in building upon, fencing, draining, and improving the land.

The leases of the 17th January 1803 are both registered.

Site for Church: In addition to the foregoing grants, the corporation, on the 27th of October 1796, presented an acre of ground, rent free for ever, as a site for a church.

Fairs and Markets.

14. There are eight fairs held in the year within the town and borough; three of them are stated to be held without any grant or patent, viz. on the 1st of January, 25th of March, and 23d of October; the remaining five are held by grant or patent to the corporation; of these, two, held on the 12th of May and 4th of September, have become vested, by deed from the corporation and several mesne assignments, in Mrs. Catherine O'Neill; the remaining three are held on the 5th of July, 4th of December, and 24th of February. There is a weekly market held on every Thursday.

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