The ‘city’ of Cloyne – developing a medieval Irish town.

 

Cloyne emerging from the mist-JimONeill2

Jim O’Neill’s wonderfully atmostpheric aerial view of Cloyne emerging from the morning mist with the square tower of St Colman’s Catholic Church in the foreground and the Round Tower with the Cathedral in the background. 

There is a tradition that a town with a cathedral is deemed to be a ‘city’ regardless of how small the settlement actually is. Think of the tiny ‘city’ of St David’s in Wales, so well known to the Norman invaders of Ireland in 1169. But we don’t have cross St George’s Channel to experience this phenomenon. We have a native Irish bishop of Cloyne to thank for that designation of….Cloyne! Bishop Daniel O’Finn, who was the bishop of Cloyne between 1247 and 1264, used the phrase ‘…dictam civitatis…’ (..of the said city…) in his Charter of Cloyne. This charter is contained in the Pipe Roll of Cloyne which was assembled in the 1360s by Bishop John of Swaffham. So Cloyne has been deemed a ‘city’ since the middle of the thirteenth century. Indeed the beginnings of this ‘city’ were traced back, in the very same charter, to Bishop David McKelly O’Gilla Patrick (FitzPatrick!), who was the bishop of Cloyne from 1237 until 1238 when he was translated to Cashel. Bishop David granted the first charter to Cloyne a detail we learn from Bishop Daniel’s confirmatory charter which states that ‘…I and my successors will warrant….and we will safeguard to the said citizens and their heirs the aforesaid arrangement of my predecessor…’ So clearly Bishop David had set in train the process of making Cloyne into a proper town. The Charter of Bishop Daniel simply confirmed this arrangement. The intervening bishop, Alan O’Sullivan (1239-1246), seems to have been entirely satisfied by Bishop David’s arrangement, although there is no direct evidence. Bishop David also created Kilmaclenine (near Buttevant) as a borough on the same lines, although that place was never designated a ‘city’.

The Charter of Bishop Daniel also tells us that Bishop David had ‘measured and perambulated’ the north side of the ‘city’. This detail is crucial for it is now clear that the ‘city’ referred to in the charter was actually the ecclesiastical zone around the cathedral and round tower which were located on the southern side of the town.  So the plan of Cloyne with its four streets meeting at a crossroads in the middle of the town was set out by Biship David, and the town must have been developing rapidly at that time. This was an ideal time to develop a new town in Imokilly because the district had calmed down after the MacTire/McCarthy rebellion against the Normans had died out after 1220. The cathedral was probably built at the same time. The town was not laid out on a map, but on the ground itself. This should not surprise us…..if the bishops were Anglo-Normans, but, until the appointment of Nicholas de Effingham in 1284, the bishops of Cloyne all appear to have been native Irishmen and were clearly influenced by the Norman custom of founding towns. Proof of this lies in both the layout of Cloyne and in a fascinating, and very specific, reference in Bishop Daniel’s charter.

First Ordnance Survey Map Cloyne

Cloyne in the first edition Ordnance Survey 6 inch map (about 1842). Note the ecclesiastical zone with the cathedral and round tower making the original ‘city’ and the town planned out by Bishop  David  in 1237-1238 and confirmed by Bishop Daniel around 1250.

Cloyne is laid out around a crossroads with streets leading exactly north, south, east and west. This plan is certainly not an accident. The eastern street (now called Rock Street) is especially wide to accommodate a market. The bishop’s castle (his residence) stood on the south side of this street. Cloyne House, now a private residence, is the more recent successor to the medieval residence of the bishops of Cloyne.

The bishop says that ‘…I and my successors will deal with them (the citizens of Cloyne) honestly according as the laws of Breteuil have been heretofore used or will be used, and the said citizens and their heirs shall be responsible to me and my successors according to the same laws in all things.

Now this reference to Breteuil is both unexpected and crucial. Breteuil, or Breteuil-sur-Noye, is a small town in the Département of Oise in northern Normandy. It has a current (2012) population of about 4,500 inhabitants. Breteuil was founded as a castle about 1060 by William the Bastard, Duke of Normandy (William the Conqueror of England). William gave the castle of Breteuil to his cousin William FitzOsbern, who granted a charter of liberties to the men of the new town that developed there. FizOsbern installed a man called Roger as his castellan and this man’s son came to England in 1066 and was granted vast estates on the Marches (borders) of Wales. Roger the younger succeeded William FitzOsbern as Earl of Hereford in 1071 and set about settling his new lands, including founding towns, such as Hereford itself. The way to attract settlers to these new towns was to give them a generous charter of liberties. Roger had only one model to draw on – the charter of Breteuil, and this became the model for new towns founded in England, Wales and Ireland by the Normans. The charter of Breteuil hasn’t survived, but among the known provisions were: the granting of large burgage plots (town plots); few, and low, fines (feudal custom imposed fines for almost everything!); permission for the townspeople to take wood from the lord’s forest for building and heating. It is also claimed that the custom whereby a serf who managed to flee his master and stay in a town for a year and a day was deemed a free man (and was no longer a serf) was one of the customs of Breteuil, but this is actually uncertain. What is important is that the law of Breteuil was clearly designed to attract settlers, as happened in Cloyne.

breteuil church

An old postcard of the square (place) in Breteuil-sur-Noye.

Bishop Daniel’s charter confirmed the grant to each burgess (townsman) eight acres, in addition to the long thin burgage plots leading off the four streets.’…to have and to hold…freely, quietly, entirely, fully, honourably and peaceably in wood, plains and roads, in paths, meadows and pastures, in moors, marshes and waters…’ This rule applied to the inhabitants ‘…of whatever nation they may be…’  So Cloyne would not discriminate between the Gaelic Irish and the Norman (English, Welsh, Fleming or French). The citizens could take turf from the bog to the south of Cloyne for heating, as much as they required for their household needs.  And all this on payment of a rent of one mark sterling paid half at Easter and half at Michaelmas (29th September). A mark was not a coin but a unit of account worth 160 pence sterling, or 13 shillings and 4 pence or two thirds of a pound sterling (80 pence at Easter and Michaelmas). It’s worth noting that the two townlands located due south of Cloyne are called Commons East and Commons West, and are divided by the road that runs south from the crossroads at the centre of the town.

And Cloyne even had a portreeve, or ‘mayor’ or ‘provost’. He was chosen by a twelve burgesses (citizens of the town) who, presumably, formed a council. In essence, the portreeve and his fellow councillors answered to the bishop for the rents, fines and debts as well as the actions and failures of the townspeople. Did they meet where the courthouse used to sand on Rock Street? This would make sense if the market court or piepouder (pied poudre, French for ‘dusty feet’) court was held there and the market dues were collected there too.

And there is one more piece of evidence for the development of the town of Cloyne in the 1200s. In 1299, the sheriff of Cork submitted a report to the king in which he identified the towns in the county which held a weekly market.  Normally, the market was licensed by the king but, given the slow communications even with Dublin in the 1200s, local lords set up their own markets, presumably with the intention of getting a royal licence at a later stage. Carrigtwohill and Youghal are listed for they each had a royal market licence. However, ‘Midleton’ (actually, Corabbey), Ballinacurra and Cloyne are also listed.  Now this is interesting because these places did not have a royal market licence from the King – in each case a cleric (the abbot in Corabbey and bishop in Cloyne) or the lord of the manor (Ballinacurra), authorised the market. In Corabbey (Midleton) it was the abbot of the Cistercian monastery who set it up, and in Cloyne it was the bishop who authorised the weekly market….right outside his own residence on the present Rock Street! This may actually be a factor of the laws of Breteuil – that the inhabitants could conduct a market on payment of a fee to the lord of the manor.

Cloyne sth side

The original ‘city’ of Cloyne consisted of the ecclesiastical zone of the cathedral and the much earlier round tower. This was the site of the monastery founded by St Colman before 600 AD.

So, there you have it – Cloyne was a ‘city’ and burgary, or borough, in the 1200s. And it was developed by the Gaelic Irish bishops and was run according to the laws and customs of a town in….Normandy. I seem to recall that the late Myrtle Allen of Ballymaloe once wrote that ‘Imokilly is the Normandy of Ireland’. She was referring to the rich farmland, agricultural produce and fresh fish from Ballycotton (all we’re missing is the cider!) …. but little did she realise how remarkably true that was on her very own doorstep!

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‘Happy Birthday, Midleton!’ The Charter of Midleton was issued 345 years ago by King Charles II.

King Charles II granted the Charter of Midleton to Sir St John Brodrick in 1670.

King Charles II granted the Charter of Midleton to Sir St John Brodrick in 1670. He also gave his name to the former Charles Street in Midleton, now Connolly Street.

‘…constitute, ordain and appoint the said Castle, Town & Lands of CastleRedmond & Corabby aforesaid, with the appurtenances in the County of Corke aforesaid, shall from henceforth forever be a free Borrough & Corporation & shall be called by the name of Borrough & Town of Middleton.….’,

These are the words that give the town of Midleton in County Cork its modern name. As you can observe, spelling was rather flexible in those days. The above statement is buried within the charter issued by King Charles II to Sir St John Brodrick in June 1670. We have already noted in a previous post that the date of the charter ( ‘…the Tenth day of June in the Two and twentyeth year of our Reign & in the year of Our Lord One Thousand Six hundred and Seventy…‘, 10 June 1670) was actually ten days behind the corrected calendar authorised by Pope Gregory XIII in 1582, but the British, being suspicious of any ‘papist’ innovations, preferred to stick to the old Julian calendar until 1752.  So the correct date for the issuing of the Charter of Midleton is 20 June 1670, which is why I’m discussing it now.

On Thursday 18 June I spent the morning at the Cork Archives examining the only copy of the charter to have survived. This is a manuscript copy made by Rev Mr Verney Lovett on Saturday, 7 February 1784 and copied ‘verbatim’ from the text then preserved in the Rolls Office in Dublin. Anyone familiar with Irish history will know that the Public Record Office in Dublin was destroyed at the outbreak of the Civil War in 1922, thus incinerating centuries of Irish historical records – including the text which Mr Lovett consulted. The fact that Lovett made a copy of the charter suggests that the original Charles II charter document given to St John Brodrick had already vanished. The Rev Mr Lovett, being a burgess of Midleton, was obliged to make a fair copy from the surviving record, which he had neatly bound in a soft leather cover with the inscription Charter of Middleton 1670 embossed on it. Clearly this was intended to be a working document for the charter only takes up thirty pages, with most of the folio being blank.

John, 1st Baron Berkeley of Stratton was the co-founder of New Jersey with George Carteret. He was Lord Lieutenant of Ireland when Sir St John Brodrick applied for a charter. Despite is relaxed attitude to Catholics, Berkeley got on very well with the staunchly Protestant Brodrick.

John, 1st Baron Berkeley of Stratton was the co-founder of New Jersey with George Carteret. He was Lord Lieutenant of Ireland when Sir St John Brodrick applied for a charter. Despite is relaxed attitude to Catholics, Berkeley got on very well with the staunchly Protestant Brodrick.

The charter was issued by the king on the suit of Sir St John Brodrick (or Broderick, as the text has it) on the advice and consent of ‘our Right & well beloved cousin John Lord Berkeley Lieutenant General & General Governor of our said Kingdom of Ireland‘. This was John, 1st Baron Berkeley of Stratton, who with Sir George Carteret founded the Province of New Jersey in North America in 1664-1674.  Berkeley had fought for Charles I in the Civil War and was exiled during the Commonwealth.  Appointed Lord President of Connaught for life in 1661, he appointed a deputy to do his work there shortly thereafter. Berkeley was sent back to Ireland as Lord Lieutenant in 1670 and stayed in office until 1672. He was  considered very pro-Catholic (not surprising given his French and Spanish-Netherlands exile under Cromwell). This apparent pro-Catholic stance makes Berkeley’s friendship with Sir St John Brodrick all the more surprising, for Brodrick was a staunch low-church Protestant.

The sprawling Whitehall Palace was originally Cardinal Wolsey's London residence, then the home of Henry VIII. More of a town than a coherent palace, it burned down in the 1690s, to the relief of William of Orange who hated its damp atmosphere.  It was from here that Charles II issued Letters Patent to Berkeley to draw up the Charter of Midleton.

The sprawling Whitehall Palace was originally Cardinal Wolsey’s London residence, then the residence of Henry VIII. More of a town than a coherent palace, it burned down in the 1690s, to the relief of William of Orange who hated its damp atmosphere. It was from here that Charles II issued Letters Patent to Berkeley to draw up the Charter of Midleton.

The charter was issued from Whitehall Palace under letters bearing the king’s privy signet and sign manual (the king’s personal seal and signature) but was formally registered in the rolls of the High Court of Chancery of Ireland on 3 January 1671. This was a month overdue since the king had commanded that the charter be enrolled within six months of issuance – so it should have been enrolled in early December 1670. The legal profession’s Christmas break must have delayed matters.

Charter of King Charles Ii to the colony of Rhode Island, 1663. This is what an actual charter document looks like. Sadly the Midleton charter seems to have vanished by 1784 when Rev Verney Lovett made his copy from the Chancery Rolls copy.

Charter of King Charles Ii to the colony of Rhode Island, 1663. This is what an actual charter document looks like. Sadly the Midleton charter seems to have vanished by 1784 when Rev Verney Lovett made his copy from the Chancery Rolls copy.

So what exactly was a charter and what did the it do?  A charter is a legal document that could be issued by an authorising authority (the king) under its seal granting certain legal rights and privileges to a person, or a group of persons, or to a place or estate. This particular charter did three things. Firstly, as we’ve already discovered, the charter named the town formerly known as Mainistir na Corann or Corabbey as Middleton. To be honest, I was intrigued to note that the spelling Middleton appeared to apply only to the town, with the spelling Midleton applying only to the manor or estate of Sir St John Brodrick – until the spelling of the town’s new name changed near the end of the document – Middleton or Midleton were used for the name of both the town and the manor interchangeably. Perhaps there was a change of clerk during the drafting of the charter? it should be noted that this new name for the town is the only part of the charter still in force.

However the charter actually opens with the erection of the estates of Sir St John Brodrick into a manor, or Mannor, as it is sometimes spelled. A manor was an estate with specific identity bearing clear legal rights and powers. These rights and powers would apply to specific denominations of land. In the case of Midleton these were spread over four baronies. grouped by barony the denominations were the townlands of Castle-Redmond, Corraby, Killeagh, Knocknagoure, Knockgriffin, Curtistowne, Cahirmoan, Storm.Cotter, Carrigbane, Coppingerstown, Butlerstowne, BallyBane, Ballyrarla, Ballysimon,Ballymartin, Ballyknock & Coolerath, Rathcannon, Donigmore,& Kippane, Monemerrig, Bridgefield, Carrignasheny & Lictur Dowre, & Coolcurrig, Dromfaranie in the barony of Imokilly. Clearly the Imokilly lands constituted the larger part of the manor.

Then came Garriduff, Knocknacottig, Ballyannan, East Ballyvodick, West Ballyvodick, Ballintubber, Ballinecurrig, Ballyhasna, & Glanawillin in the barony of Barrymore.The outlying denominations were Donivally Ballygreggin, Temple Roane & Killehenisk in the barony of Fermoy, with Gallinguile and Kilbrony in the barony of Orrery in North Cork.  All of these denominations were in the county of Cork. All of these lands were to be constituted an ‘intire Manor‘ with all the rights and privileges attached to a manor. Clearly the intention was that the estate should remain complete and intact for evermore.

The most important right attached to a manor was the right to hold manorial courts. There were three such courts in the Manor of Midleton: a Court Leet and View of Frank Pledge, and a Court Baron, and a Court of Record. Sir St John Brodrick could exercise his rights to hold these manorial courts by appointing one or more seneschals and a recorder to preside over these courts. The Court of Record was given jurisdiction over actions ot the value of £200 in English currency! This was a surprisingly large sum at the time.  A Bailiff Minister was to serve as the agent of the Court of Record. In addition to keeping his manor courts, Sir St John Brodrick was given the right to keep and maintain a prison and to appoint a keeper to serve the Court of Record.

St John Brodrick was also granted the right to create a demesne of 800 acres for his exclusive use and to enclose a ‘park venery’ (deer park) and rabbit warren of 800 acres ‘more or less’!  Indeed he did create a deer park at Cahermone which ran right up to the edge of the town (hence the two townlands of Park North and Park South). This park existed right up until the estate was sold off under the Land Acts of the late 1800s and early 1900s, although by then it was much reduced in size. And just in case anyone didn’t understand how powerful Brodrick had become, the lord of the manor was to ‘…have, receive, perceive, seize, Enjoy & convert….’ all ‘…waifs, strays, ffelons, goods of fugitives, & Deodands, ffishings, weers, Royalties, free warren & privileges…‘ for his own benefit, profit, use and enjoyment!

It was the Lord of the Manor who controlled the town’s market – he was obliged to appoint a ‘clerk of the Markett‘ to keep order in the market and to collect the dues owed to him by the stall-holders.

Seal of the Corporation of Midleton as illustrated by Samuel Lewis in the Topographical Dictionary of Ireland.

Seal of the Corporation of Midleton as illustrated by Samuel Lewis in the Topographical Dictionary of Ireland. The spelling of Midleton was amended in the 19th century to prevent the mails from going astray!

The final major decision under the charter was to constitute the town on the estate as a borough as noted at the head of this post. The borough would ‘…extend into the said county of Corke every way from the middle of the said town one hundred acres in the whole….‘ Within the town there was to be a ‘..body Pollitick & Corporate consisting of one Sovereign, Two Bailiffs & two Burgesses.‘  This posed a problem for Mr Verney Love, because a few lines later we find that the Corporation would consist of .’…a Sovereign, Two bailiffs & TWELVE Burgesses.’  Mr Lovett underlined the word ‘twelve’ in his text, and, indeed, this was the structure of the Corporation thereafter, the same Corporation that Mr Lovett served on. This group of men would thereafter be called ‘The Sovereign, Bailiffs and Burgesses of the Burrough and Town of Middleton.‘.

The charter names William Hutchings as ‘.. a free burgess & first & modern Sovereign.‘  He was to hold office until ‘…the Thursday next after the Feast of St Michael the Archangel...’ in 1672!  Hutchings was obliged to be sworn into office ‘…before 29th September next before the Justices of Assizes of County Corke…’ taking the Oath of Supremacy, and other oaths as required by law, including the ‘Corporal Oath‘ of Midleton. September 29th is Michaelmas or the Feast of St Michael, an important date in the legal and academic calendar since it marked the start of the autumn law term. The sovereign was to be the sole coroner for Midleton and would serve as a Justice of the Peace for one year after the conclusion of his term of office. From 1730, the sovereign was usually the agent for the absentee Viscount Midleton, often holding office of sovereign for many years in succession.

John Downing and John Gemings were appointed free burgesses and bailiffs of Midleton, also holding office until the Thursday following Michaelmas 1672.  The burgesses were named as: Adam Wener, Peter Bettesworth, Richard Downing, Richard Walkham, Edward Laundy, Thomas Guard, John Wally, Nicholas Seward, Robert Cole, Thomas Knight, William Kinnagh, & Richard Hargrove.

Cooper Penrose of Cork was a burgess of Midleton in 1784. He commissioned this portrait of himself from Jacques-Louis David in 1802. This is the only portrait of an Irish subject by David. Sadly this superb portrait was sold by the family to a museum in San Diego.   A huge loss to our artistic patrimony.

Cooper Penrose of Cork was a burgess of Midleton in 1784. He commissioned this portrait of himself from Jacques-Louis David in 1802. This is the only portrait of an Irish subject by David. Sadly this superb portrait was sold by the family to a museum in San Diego. A huge loss to our artistic patrimony.

Rev Verney Lovett usefully supplied the names of most of his colleagues on the Corporation in 1784: Martin Delany and Thomas Wigmore were the bailiffs that year. The burgesses were: George Courteney, George Courteney of Ballycrenan, the Earl of Shannon, Broderick Chinnery, Aubrey (?) McCarthy, Cooper Penrose, William Garde of Broomfield, Rev Verney Lovett himself, and Rev Laurence Broderick.  The Courteneys were cousins, the Earl of Shannon’s Irish seat was at Castlemartyr, just a few miles east of Midleton, Brodrick Chinnery was descended from the first and second headmasters of Midleton College and was related to the Brodricks, Cooper Penrose was a wealthy Cork merchant, Rev Laurence Broderick was a cousin of the fourth Viscount Midleton at the time.  Sadly Mr Lovett didn’t give us the name of the sovereign, but it might have been Rev Mr Green, Rector of Tullylease in north Cork – but this is uncertain.

Built or rebuilt by George Brodrick, 4th Viscount Midleton, in 1789, the Market House is the most important building on Main Street.  It replaced a market house dating from the 1680s and was the location for the Corporation's meetings and elections, as well as being the Borough and  manorial courthouse. It's now the town library.

Built or rebuilt by George Brodrick, 4th Viscount Midleton, in 1789, the Market House is the most important building on Main Street. It replaced a market house dating from the 1680s and was the location for the Corporation’s meetings and elections, as well as being the Borough and manorial courthouse. It’s now the town library. Historically only the central arch of the arcade was open – the rest were shops.

Elections for the sovereign and bailiffs were to be held annually on the Thursday following the Feast of St James the Apostle, which fell on 25 July, with the officers taking office on the Thursday after Michaelmas. The sovereign, as noted above, rarely changed, but the bailiffs were changed almost every year. The sovereign, bailiffs and burgesses were to elect ‘two discreet burgesses‘ as members of Parliament to sit in the Irish House of Commons whenever a general election or a by-election was called. Furthermore, the sovereign, bailiffs and burgesses could admit any number of freemen to the town on payment of a 5 shilling fee to be used for the benefit of the Corporation. Sadly, there’s no surviving list of freemen.

The Corporation was also free to possess and use a common seal for authorising Corporation business, with a design and inscription of their choice. They were also permitted to ‘…build or cause to be built in some convenient place in the said town of Middleton a common hall or Tholsell to be called the Tholsell of Middleton….’ wherein they might conduct the business of the Corporation.  And to think we called it a market house or town hall all along! The Corporation was also permitted to organize a guild of merchants for the regulation of trade in the town (except the market) – but there’s no evidence that they bothered with this provision.

Not mentioned in the Charter, the Midleton Mace was almost certainly made by Robert Goble of Cork around 1700 to symbolise the Corporation's authority. It shows the Royal Crown on top with the arms of the Brodricks on the head. The mace is now preserved in the Hunt Museum in Limerick.

Not mentioned in the Charter, the silver Midleton Mace was almost certainly made by Robert Goble, a Huguenot goldsmith of Cork, around 1700 to symbolise the Corporation’s authority. It shows the Royal Crown on top with the arms of the Brodricks on the head. The mace is now preserved in the Hunt Museum in Limerick.

What exactly did the Corporation do?  Well, it seems that it did very little – but that’s because the minute books and court records haven’t survived. Thus we can’t really say if the Corporation really did anything to turn Midleton into the town it is today – I suspect that the Lord of the Manor had more say in those developments since he benefited from the rents. The two bailiffs were required to maintain order in the town, but that basically was it. The loss of the two parliamentary seats in the Act of Union stripped Midleton of its unique parliamentary franchise. From 1801 the town was now represented by the MPs for the county! The most damning indictment of the Corporation of Midleton came in the First Report of the Commissioners on Municipal Corporations in Ireland in 1835:

‘...the Corporation has been kept up, and the annual election of officers has been held, but for what purpose it is not easy to discover; the members having no duties to discharge, nor any privileges or emoluments, except the occasional presence of a local justice of the peace within the town, who seldom acts as such…..

The commissioners noted that even the manor courts had ceased to function, presumably because the courthouse built to the designs of Richard Pain in 1829 now hosted regular Petty Sessions of the County Court, which was much more independent of the landlord and Corporation.

The Corporation of Midleton, along with many others in Ireland, was abolished in 1840. The manor had effectively ceased to exist as such after 1850 when the whole Midleton estate was spit in an inheritance dispute. From then on, all that remained, apart from hunting and fishing rights, was the name given to the town 345 years ago – Midleton.  And to think that the place could have been called Charleville! But St John Brodrick’s friend, Roger Boyle, Lord Broghill and Earl of Orrery, had already appropriated that name in 1661 for his new town at Rathgoggan in Orrery barony in north Cork.  So Brodrick’s town was named prosaically for its position half-way between Cork and Youghal.

So today it might be fair to say……Happy Birthday, Midleton!