The Midland Boroughs in the 1830's - Philipstown

Limits.

1. The Limits of the Borough of Philipstown extend on the north to the river Ashmore; on the south, to Ballynagar; on the east, to Mount Lucas; and on the west, to the boundary of the parish of Kill; a distance of about two miles in every direction from the centre of the town.

Corporation extinct.

2. The borough has, since the year 1800, ceased to possess a Corporation. It returned two Members to the Irish Parliament; and the corporation seems to have been kept up for the sole purpose of making such return, and, accordingly, no corporate office has been filled since the borough was deprived of the elective franchise by the Act of Union. The compensation money, under the Act of 40 Geo. III. c. 34, was paid to George Earl of Belvidere, Robert Earl of Lanesborough, John King, Esq., and Lady Lanesborough his wife, upon the trusts of the will of Robert then late Earl of Belvidere.

Charters. 12 Elizabeth, 4th March.

3. The Charter by which this borough was incorporated, was granted by Queen Elizabeth, on the 4th of March, in the twelfth year of her reign. It is enrolled in Chancery. (Rot. Pat. 3 Jac. II. p. 1. d. m. 6.). By this charter the borough was incorporated by the name of "The Burgomaster, Bailiffs, Burgesses and Commonalty of Philipstown," with like liberties and free usage as the corporation of Naas, or any other free borough. The charter prescribed the mode of electing officers, contained a grant of a court to be held before the burgomaster and bailiffs, without limit in amount of claim, and ordained that the inhabitants should not plead or be impleaded out of the borough, in respect of matters arising within it; it gave to the burgomaster and bailiffs the return of all writs, &c. within the district, and jurisdiction in assize of fresh force, as the mayor and sheriffs of Drogheda had; it constituted the burgomaster a justice of the peace and coroner within the borough, and escheator and clerk of the market; it contained a grant of a market to be held on every Thursday, and of tolls and customs for the use and advantage of the borough, to be collected according to a given schedule, as follows:

d.
For every horse sold ……………………………… 2
For every cow sold ……………………………….. 2
For every goat sold ………………………….……. 1
For every sow sold ……………………………….. ½
For every sheep sold …………………………….. ¼
Every load of boards or planks ………………….. ½
For every sack of grain ……………………….….. ½
For every hide or pelt of the value of an ox-hide ….. ½
For every cart-body or plough ………….…………… 1
For every pair of wheels ……………………………. ½
Any merchandise to the value of 2s. ……….…….. ½
Any merchandise to the value of 5s. ……………… 1

And it declared that the burgomaster and bailiffs might have and receive all other customs and profits of all things sold, as the bailiffs of Dundalk could take, at a rent of 10s.; it also gave to the corporation all waiffs and strays in aid of the repair of the borough; it ordained that none but those admitted to be free should use any occupation within the limits; that foreign merchants should not sell by retail any merchandise brought from beyond the sea without licence from the corporation; that no persons might, on market days, buy merchandise, or victuals, (except for their own present sustenance, or from a freeman,) unless between the hours of eight a.m. and three p.m., on pain of forfeiture of the goods bought.

James IV., 1st October.

This borough afterwards obtained a charter from King James II., which bears date the 1st day of October, in the fourth year of his reign. This charter, after the usual recital in the charters of James II., of a forfeiture of former privileges by a judgement of the Court of Exchequer in Ireland, contained a grant of a new incorporation of all the inhabitants within the ancient limits of the borough, and directed that the corporation should consist of one sovereign, two bailiffs, 12 burgesses, exclusive of the sovereign and bailiffs; that the sovereign and bailiffs should be annually chosen by the sovereign in office, bailiffs, and burgesses, out of the body of the burgesses; that the burgesses should be elected from the inhabitants; and that the sovereign, bailiffs, burgesses, and commonalty should return two Members to serve in Parliament for the borough. It contained a grant of a court, to be held before the sovereign and bailiffs, for all pleas within the borough, without limit in amount of claim; and of tolls and customs, for the repairs of the borough, and of all lands theretofore held by the corporation. It authorized the appointment of a recorder and town clerk, but directed that they should not act until approved of by the chief governor; and reserved to the chief governor and privy council the power of removing any of the officers of the corporation.

It was not stated under what charter the corporation acted. I apprehend it was under that of Elizabeth, the charter of James being founded on an erroneous judgement.

Corporation

4. The Corporation consisted of one burgomaster, two bailiffs, 12 burgesses, and an constituent unlimited number of freemen.

Freemen.

5. It was stated by a very old man, that upwards of 80 years ago, there was a great number of freemen, and that birth and servitude, prior to that time, conferred an inchoate right to freedom. He further stated, that about that period, the then Lord Belvidere purchased the borough, and that from the date of such purchase, no person was admitted as of right. He said that Lord Belvidere kept the corporation close, so that, the old freemen dying off, the corporation became limited to a few non-residents, whom Lord Belvidere had admitted to be free, and with whom he was in the habit of coming to Philipstown on every 29th of September, for the purpose of appointing corporate officers.

The corporation having altogether ceased to exist for 33 years, and having long before then been of no importance to the community, I was unable to ascertain how or by whom the freemen and other classes were elected, further than that the control of Lord Belvidere being unlimited, no person could be elected to any office without his approbation and consent.

It did not appear that the burgomaster or any other officer held any court or performed any functions for 20 years prior to the extinction of the corporation.

No books or documents belonging to the body were produced, nor is it known that any such are in existence.

I could not discover that there had ever been any corporate police or prison; and it was stated that, within the memory of man, the magisterial duties within the borough have been performed by county justices.

Police.

6. The number of the County Constabulary here varies from 7 to 16. They act under county magistrates.

Prison.

7. The County Gaol was formerly in the town, but it has been removed to Tullamore, a distance of about eight miles.

Sessions.

8. There is no Borough Court. Petty Sessions are held every second Thursday before county justices, and quarter sessions four times a year.

Public

9. The Charitable Establishments in the district are: a school, under the board of Charities. Erasmus Smith, for boys, returned as educating 66 scholars, 30 Protestants and 36 Roman Catholics; a girls' school, under the London Hibernian Society; and a large dispensary, supported by voluntary subscription, and presentment in the usual way.

Markets and Fairs.

10. There is a large and improving Market in the town on Thursday in each week.
There are seven Fairs, four of which are termed the "New Fairs," having been instituted about 1820. These are held in a part of the town called Molesworth-street.

In three or four years after their establishment, toll was demanded at these fairs; it was ultimately given up, and has not been collected for these last three years.

It appears that by patent bearing date the 21st February 1670, (enrolled P. 23 Car. II. p. I. m. 8. d.) power was granted to John Bysse, Esq. to hold fairs at Philipstown on the 17th March and 22d November, and the day after each, and to take tolls and customs at those fairs.

Tolls and Customs and Cranage.

11. With respect to the Cranage and the Tolls and Customs of the other fairs, and of the market, it appeared, that Lady Lanesborough, by indenture bearing date the 25th June 1816, demised the tolls, cranage, and customs of Philipstown to Thomas Geraghty, for three lives, at a rent of £10 a-year, that Thomas Geraghty, by a writing bearing the date the 31st of March 1826, reciting his lease of 1816, deputed Edward Dyer to be his craner, and that Dyer, although not sworn, set up a crane, and continues to hold it to the present time, and claims to be sole craner, and has summoned, and procured to be convicted, persons for setting up a crane and weighing for hire.

Tolls and customs are not now collected on market days, but are taken at the three ancient fairs.

The schedule in use at present differs materially from that given by the charter of Elizabeth, and is as follows:

d.
For cows and heifers ……………………………..… 4
Yearling calves ……………………………………… 2
Sheep and lambs ……………………………………. 1
Horses ………………………………………………… 4
Pigs ……………………………………………………3
Covered standings ……………………………………. 6
Any other ……………………………………………….4
Brogue ………………………………………………..…5
Any car going in with goods for sale …..…….…… 6 ½
Any hawkers and dealers …………………………… 5

Neither the authority for such charges, nor the title of Lady Lanesborough to tolls, were stated to me.

The collectors are, to the present day, in the habit of swearing persons as to whether or not they had sold at the fairs.

Cranage is collected at fairs and markets; the charge is 1d. per sack of eight stone and upwards, and ½d. for any sack under that weight.

Commons.

12. There were Commons attached to this corporation, consisting, it is stated, of 350 acres or thereabouts, adjacent to the town. When the freemen and burgesses were numerous, these lands were divided amongst them in lots for life; and it would seem that after the purchase of the borough by Lord Belvidere, the neighbouring landlords, as the freemen and burgesses who held the lots died off, (there being no persons elected to succeed them,) encroached upon the commons until merely one acre remained, as it still remains, unenclosed.

Lord Lanesborough, the heir of Lord Belvidere, Mr. Bagott, Mr. Sherlock of Sherlockstown, Lord Ponsonby, and Mr. Gore are stated to be possessed of portions of the corporation commons, but they have been in possession of portions of the corporation commons, but they have been in possession for many years. A Mr. Thomas Whitefield stated that he held some land from Lord Belvidere which formerly constituted three burgesses' lots, and he named other persons who also held ground that had belonged to the corporation.

Local Acts.

13. The 3,4 Phil. and Mary, c. 2, "for the disposition of Leix and Offaily," and by which the name of Philipstown is given to the New Fort in Offaily, and the district called Offaily erected into the King's County; and the Act of 2, 3 Will. IV. c. 60, hereinafter mentioned, are the only Local Acts of Parliament relating to this borough. The streets are repaired by county presentment.

Statistical Details.
The population of Philipstown, according to the returns of 1831, were then,
Males …………………………………………..… 684
Females ………………………………………….. 770
______ Total 1,454

Occupations:
Families chiefly employed in agriculture ………… 96
Ditto chiefly employed in trade, manufacture, and handicraft ……………… 97
All other families not occupied in the two preceeding classes ……………… 75

Agriculture:
Occupiers employing labourers ……………….…… 5
Ditto not employing labourers …………………… 18
Labourers employed in agriculture …………….... 102
Employed in retail trade and handicraft as masters or workmen ………...… 121
Capitalists, &c. ……………………………………… 46
Labourers employed in labour not agricultural …. 9

Houses,
Inhabited ……………………………..…………….. 256
Unihabited ………………………………………….. 9
Building …………………………………………….. 4
Families …………………………………………….. 268

General Remarks.

By the Act of the 2, 3 Will. IV. c. 60, the assizes for the King's County are, after 1st July 1835, to be held at Tullamore instead of Philipstown, where they have been heretofore held. This change is likely to have a prejudicial effect upon Philipstown.

The town is not at present in a prosperous condition, although the markets are good, and although the town is situate near the Grand Canal from Dublin to the west of Ireland, and thereby possesses the benefit of a water communication with the capital.

There is no manufactory in the town. It is not lighted.

HENRY BALDWIN.

Inquiry held the 24th September 1833.

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