The Midland Boroughs in the 1830's - Banagher

King's County was in a position to send six members to parliament prior to the Act of Union in 1800 - two for the county, two for the borough of Banagher and two for the borough of Philipstown. Similarly the boroughs of Kilbeggan, Maryborough (Portlaoise) and Portarlington all sent members to parliament until the union. The Portarlington borough retained its right to send one member to parliament until 1832.

A government commission appointed to enquire into municipal reform in Ireland, investigated the situation in 1833 and reported in 1835. Its findings confirmed that the sixty odd corporations were self perpetuating oligarchies paying little or no attention to the welfare of inhabitants and devoting their energies to protecting the position of the protestant ascendancy. Virginia Crossman in her study of Local government in nineteenth century Ireland notes that the commissioners identified four main defects in the system of municipal government.

1. the power of self election
2. the absolute control vested in them respecting admissions to the corporate franchise.
3. the tendency to dispense with any residential qualification for members and officers.
4. the exclusion of the inhabitants of the borough from any effective voice in the management of local affairs and the expenditure of local funds.

The report of 1835 recommended a complete reform of municipal government. All political parties agreed but the Tories produced an 'alternative' reform measure of simply abolishing the Irish corporations. The House of Lords voted down successive versions of the Bill until in 1840 an Irish Municipal Reform Act was passed. Only ten Irish corporations survived with much reduced powers. None survived in the midlands. Oliver MacDonagh summarised the situation in A new history of Ireland v, p.217 when he wrote;

'This struggle and the result showed several interesting features of contemporary Anglo-Irish politics. It showed more clearly even than the tithe issue the limitations of the whig alliance. After 1835 the case pressed was the strongest possible, and one on which liberals, radicals, and Irish were at one. Yet so long as the house of lords itself was not assailed, and so long as O'Connell would go on backing ministry concessions lest the ministry collapse, the reformers had to accept in the end comparatively small concessions. Next, it demonstrated that Irish protestants, faced with admitting catholics to power, with their own share probably diminishing in time, and with factional struggles likely to develop in the representative institutions, acquiesced in centralisation and the loss of self-government. On the other hand, the episode also showed that O'Connellism could not be altogether held back. The gains here were very disappointing, but in terms of O'Connell's objects gains there were. Most of the surviving corporations were nationalist, and much of the corportations' activity was political even in a narrow party sense. But the negative gains seemed almost, or perhaps quite, as important: an 'Orange' monopoly had been broken, and even if much of the old 'Orange' power went not to catholics but to central government, it none the less diminished the redoubts of the ascendancy. Perhaps after all, it was sharing rather than power that was being sought throughout the decade.'

Borough of Banagher.

Limits.

1. The local Limits of the Borough of Banagher extended, on the north-east, to the castle of Streamstown; on the south, to the mearing of the Glebe and Garrycastle; on the south-west, to the bridge of Lusmagh; on the west and north-west, to the Shannon and the Bresna rivers. On the north-east, the limit is distant about a mile from the town, the other limits, except the Shannon, are about half a mile; the river is not so far; except by the rivers, the boundaries are but imperfectly defined.

Charter.

2. This town was incorporated by a Charter of King Charles I., bearing the 16th day of September, in the fourth year of his reign, by which it was ordained that 101 acres of arable land and pasture, and 10 acres of bog and moor, in the town and lands of Bannacher-Srahnabrone, Locharrow, and Bealanaleek, next adjoining the river Shannon, and 99 acres of arable and pasture land, 10 acres of wood and moor of the land of Lomcloane, next adjoining to Clongawnagh; and 50 acres of wood and moor of Clongawnagh and Camcourt, should be a free borough. And the same charter granted one-thirteenth of all the aforesaid lands there expressed to contain 200 acres of arable land and pasture, and 70 acres of wood and moor, together with the liberty of fishing in the river Shannon, to Sir Arthur Blundell, his heirs and assigns, for ever, to be holden in free burgage at a rent of 3s. 1d.; and one thirteenth of the said lands and tenements to Sir Matthew Derenzie, his heirs and assigns, for ever, at a like rent; and granted one other one-thirteenth to each of the other 12 burgesses in said charter named, at a like rent. It further granted to the sovereign, burgesses, and free commons of Banagher, and to their successors for ever, certain lands mentioned to contain 222 acres of arable and pasture land; and 7 acres of wood and moor, for the maintenance of such preaching minister as should be appointed by the sovereign and burgesses, or a majority of them, and their successors, to reside in the said town, and for so long as such preaching minister should reside and discharge the cure there, and no longer, and in his absence, for such person as should celebrate divine service in Banagher. And it granted 43 acres of arable and pasture, and 25 acres of wood and moor, in the lands of Boulmarge, next to the lands of Egliss and Ballycolcan, and 80 acres of arable and pasture of Ballyneturry, adjoining Derry, and 77 acres of arable and pasture, and 60 acres of wood and moor, in the lands of Derry, containing together 200 acres of arable and pasture, and 85 acres of wood and moor, to the use of such schoolmaster as the chief governor of Ireland for the time being should appoint, to reside and teach in the said town; and in default of such appointment, to the maintenance of a free school and such master as the major part of the burgesses should appoint, until another should be appointed by the chief governor for the time being. It contained a grant of a court, to the limit of £20 sterling. It constituted the sovereign, or deputy-sovereign, a justice of the peace within the limits of the corporation, and coroner and clerk of the market, and empowered the corporation at large to return two Members to the Irish Parliament.

Title.

3. The corporation is entitled in this charter, "The Sovereign, Burgesses and Free Commons of the Borough and town of Bannacher alias Bannagher."

Corporation

4. In 1800, this Corporation was deprived of its right to return Members to Parliament,

Extinct. and £15,000 compensation money was paid to the patron, the Right Honourable William Brabazon Ponsonby; since that year the corporate offices have not been filled. Prior to 1800, the corporation consisted of one sovereign, 12 burgesses and freemen; all were named by the patron, and the form of election only was observed.

Books and Proceedings.

5. The Books belonging to this corporation are not forthcoming; and I was unable to obtain any testimony as to its several officers, further than that they generally non-resident, and seldom performed any functions save that of electing the nominees of the patron to corporate offices and to Parliament.

There was no inchoate right to freedom, and its seldom occurred that any inhabitant was made free.

Courts.

6. Formerly the sovereign held, under the charter, a Court for the recovery of debts to the amount of £20 Irish; but this court has been discontinued for nearly 40 years, and I was unable to obtain any evidence as to its course of proceeding. The only court now held in the district is the Petty Sessions Court, which sits every second Monday. The Quarter Sessions for the district in which Banagher is situate, are held four times a year, at Birr, a distance of about six miles. It may be observed here, that the assistant barrister holds sessions only in two towns in the King's County, namely, Birr and Philipstown. There are several large towns in the county, such as Banagher, which would be benefited by sessions being held in them.

Police.

7. There is not, and never has been any corporate Police. The county constabulary act within the district; there are seven stationed in the town.

Prison.

8. There is no Gaol within the district. The county gaol is at Tullamore, a distance of 18 miles from Banagher. Prisoners are often sent to Birr, where there is a bridewell. There is a place of temporary confinement in the police barracks, where persons are detained until fully committed.

This week I am continuing with the review of midland municipal corporations or boroughs and looking in this series at Banagher, Philipstown, Kilbeggan, Portlaoise (Maryborough) and Portarlington. The report was compiled in 1833 and published in 1835. All the above boroughs and some 45 more were abolished in 1840. Municipal local government based on the 1828 and 1854 acts was introduced in Birr and Tullamore in 1854 and 1860 respectively. Daingean (Philipstown), Kilbeggan and Portarlington did not again see local town government while Portlaoise has had the more limited town commissioners form up to the present time. Set out below is a continuation of the report on Banagher.

Schools.

9. The charter gave to the corporation 200 acres of pasture, and 85 acres of wood and moor, to the use of the schoolmaster, "to reside and teach" in the town; and a School was accordingly established. An Act of Parliament 53 Geo. III c. 107, after reciting the patent of the 4 Charles I., so far as relates to the grant for the use of the schoolmaster, vested the lands in the Commissioners of Education in Ireland, and placed the schools under their control. This Act was amended by the 3 Geo. IV. c. 79. and II Geo. IV. and I Will. IV. c. 56, but not so as to affect the government of the school; and the establishment in Banagher is now under the control of the board appointed by the 53 Geo. III c. 107. The Lands granted by charter for this purpose are still in the possession of the board, and contain about 369A. 3R. 17P., according to a survey made in the year 1817, of which about 233 acres are arable and pasture. This land was formerly let at a rent of upwards of £300 a year; it is now all held by Doctor Alan Bell, the schoolmaster, at a rent of £148 17s. 10d., which seems to be much below its value. The school is held within less than a quarter of a mile of the town, and within the limits of the borough. Doctor Bell is the schoolmaster, appointed by patent; he stated that the rent of the lands has been, for some time past, principally laid out on repairs of the house. There are no free scholars on the establishment, and Doctor Bell insists that he is not obliged to receive any. He charges as he thinks fit, and the establishment is in no respect different from an ordinary classical school, except that it is under the control of the board.

From the year 1798 to 1807 the school was not open, and it was stated by Dr. Bell, that the rents of the lands were, during that period, received by the gentleman who held the appointment of schoolmaster.

The other schools in the district are, a parochial school, under the Act of the 28 Hen. VIII. c. 15, supported by 40s., late currency, from the incumbent, and an allowance from the Society for Discountenancing Vice; and a national school, supported by a grant from the new Education Board, and voluntary contributions: the last is very numerously attended.

The only other charitable foundation within the district is a dispensary, supported by voluntary subscriptions and county presentment, in the usual way.

Property.

10. There are not any corporation lands. It was stated that there were formerly 20 acres of commonage on the north-east side of the town, and 30 acres on the south side, but that they are all enclosed; the 30 acres, about 55 years ago by a tenant of Mr. Frazer, the 20 acres by degrees since.

Lands. The rector of the parish holds the Land granted by the charter for the preaching Minister. The present rector is the Rev. Mr. Burdett, who is resident. He was presented to the living by Doctor Maxwell, the former bishop of Meath, in 1798. It was stated that the lands granted to the corporation for a preaching minister were formerly held by a clergyman, who officiated in a church now fallen into decay in the town, and who was always appointed by the corporation; but that an arrangement was entered into between the bishop of the day and the corporation, that there should be but one clergyman in the parish, to take the lands and the tithe, and that the bishop and the corporation should alternately appoint: this statement was denied by the Rev. Mr. Burdett, who asserted that the bishop is entitled, and has often exercised the right appointing to the rectory, and that the lands have long gone with the rectory.

Fairs and Markets.

11. The following are the grants of Fairs and Markets to be held at Banagher, which appear on record:

Date of Grant.
Enrolment of. Grantees.
Fairs, Markets, &c.

28th November 1612, 10 Jac. I. p. 3, m. 2, d. Sir John McCoghlan, Market, Thursday, at rent of 13s. 4d. Knt. Fair, 8th September, and one day after, with the customs of both fair and market.

16th September 1628. 4 Car. I. p. 2, m. 41. Corporation Market, Monday. Fairs, 1st May and 28th October, and day after each.

It is observable that the market has been held on Friday, and not on either of the days above mentioned; nor do the fairs, as held, except one, correspond with the patent days. There are now held three fairs in the year: the first on the 1st of May, the second on the 15th of September, and the third on the 28th of November.

Tolls and Customs.

12. Tolls and Customs are collected at both fairs and markets; the Honourable Frederick
Ponsonby claims to be entitled to them under a patent which was not produced. They are at present let at a rent of £40 a-year, under the Court of Chancery.

Statistical

13. The population of the town amounted, according to the census of 1831, to 2636.
Details.
Their occupations were,
Families chiefly employed in agriculture ………… 162
Ditto in trade, manufactures, &c. …………………… 210
Ditto not comprised in the two preceding classes … 119
Labourers employed in agriculture …………………232
Persons employed in retail trade, or in handicraft, as masters or workmen ………………… 312
Capitalists, &c. ……………………… 49
The number of houses were,
Inhabited ……………………………………459
Uninhabited …………………………………23
Building ……………………………………...21

General Remarks

14. Banagher is situate on the river Shannon, and has the advantage of a steam Navigation to Limerick and the sea, and also of a water-communication with Athlone, Ballinasloe, and Dublin, which affords it great advantages for trade, and it appears to be an improving town, and possessed of capacity for still further improvement. It has a very considerable corn-market. There was a general expression, on the part of the inhabitants, of a wish that a corporation should be established here, for the purposes of local government; and they think that moderate imposts, in the way of tolls and customs, would supply ample funds for the support of a corporation, and for the general improvement of the town.

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