Aldworth Legal Briefs for Cork Summer Assizes
TitleAldworth Legal Briefs for Cork Summer Assizes
ReferenceIE 627/U2
Date
1800-1819
Production date 1800 - 1819
Scope and ContentTwo legal briefs for Cork Summer Assizes 1800 and 1819 relating to trespass and sporting rights on lands at Newmarket. Includes (for example):
U/2/1: Brief on behalf of Richard Aldworth, Esq., Plaintiff, prepared for John Wilmot, Attorney, 'on a trial by Nisi Prius at Cork on Friday the 15th day of August 1800' brought against George Stannard, defendant, regarding trespass with horses and hounds on close lands on Newmarket Estate on 20 November1799.
The grant by Charles I in 1639 of the lands of Newmarket to Richard Aldworth's ancestor is briefly recited, including the right to 'enclose and impark' six hundred acres for hunting. The circumstances of the trespass, and events leading up to it, are set forth, concluding with a transcript of a letter sent to Aldworth by his agent, Mr Hudson. Hudson reports that 'the three young Stannards, Michael Nash, Blennerhassett, one Savage, and... Terie McCarthy and brother found their game on Lord Cork's Estate' and followed it into Newmarket Demense, using 'improper language' to a servant who 'told them they were forbidden there'. Hudson has heard of them killing a deer on Lord Egmont's estate, but 'I have not heard that they first hunted or endeavoured to find Game on your estate but found elsewhere and pursued a [sic] into it'. 6pp
U/2/2: Brief on behalf of Richard Aldworth, Plaintiff, prepared for Daniel O'Connell ['The Liberator'], attorney, 'for trial at Nisi prius' at Cork Summer Assizes 1819, against William Lowe, Defendant, regarding gaming rights on lands at Bohus and Knockanebawn.
The 1639 grant of the Manor of Newmarket, including rights of 'free park and free warren', is briefly summarised. There follows a 'Pedigree of the Aldworths since their coming into Ireland'. It is stated that the Newmarket estate has been in the family since the reign of Elizabeth, with the first patent obtained in the reign of James I. Various leases are then recited, including one of 1722 'of lands of Comericonnell (now called Buhus) and the lands of Drumadda' [to Nicholas Philpott, renewed in 1811 to Nicholas Leader]; lease of 1719 of the mountain farm of Mileenicerig and Turin McAuliffe [to George Stannard, renewed in 1808 to Josias Dunn for Henry Heard]; lease of 1722 of east part of Knocknagarrigy [to Thomas Farren, renewed in 1797 to Peter Deane]; lease of 1722 of 'town and lands of the north side of Rowell, commonly called the far Rowell' [renewed in 1803 to Robert Langford].
It is stated that these lands 'consist for the most part of mountain peculiarly suited for sporting and more especially for shooting grouse upon'. It is explained that Aldworth built a sporting lodge in the vicinity and has always exercised his sporting rights, both by sporting himself and 'by delegating or granting liberty to sport thereon' to his friends. Aldworth has preserved the grouse and appointed game keepers, but has allowed tenants to shoot on their own land. Last season, however, a William Allen, a Cork Butter merchant with an interest in one of the holdings, insisted he would shoot on that holding and on other lands with permission from the tenants. Arthur Kenny, game keeper, was sent on 20 August to warn off Allen and his party, which included his brother in law, William Lowe. Kenny reports that he saw them shoot grouse on lands at Bohus and Knockanebawn, and that none of the party could produce licence or authority from the plaintiff. Kenny reports that he met the party again on 24 August and was threatened by them. He cites David and Daniel Curtin, farmers, as witnesses [informations deposed by all three attached]. A separate action is being taken against William Allen. There follow further remarks on the case and on the plaintiff's title and rights, a list of suggested proofs required, a fuller summary and analysis of the 1639 grant, and legal comment. It is thought that the action 'for interfering with the plaintiff's right of free park or free warren' is a 'novelty'. Legal opinion [by O'Connell, folio 22] advises on proving and corroborating title and gaming rights, noting 'the most usual evidence of manorial rights is found in the exercise of the jurisdiction of the manorial courts'. 22pp
U/2/1: Brief on behalf of Richard Aldworth, Esq., Plaintiff, prepared for John Wilmot, Attorney, 'on a trial by Nisi Prius at Cork on Friday the 15th day of August 1800' brought against George Stannard, defendant, regarding trespass with horses and hounds on close lands on Newmarket Estate on 20 November1799.
The grant by Charles I in 1639 of the lands of Newmarket to Richard Aldworth's ancestor is briefly recited, including the right to 'enclose and impark' six hundred acres for hunting. The circumstances of the trespass, and events leading up to it, are set forth, concluding with a transcript of a letter sent to Aldworth by his agent, Mr Hudson. Hudson reports that 'the three young Stannards, Michael Nash, Blennerhassett, one Savage, and... Terie McCarthy and brother found their game on Lord Cork's Estate' and followed it into Newmarket Demense, using 'improper language' to a servant who 'told them they were forbidden there'. Hudson has heard of them killing a deer on Lord Egmont's estate, but 'I have not heard that they first hunted or endeavoured to find Game on your estate but found elsewhere and pursued a [sic] into it'. 6pp
U/2/2: Brief on behalf of Richard Aldworth, Plaintiff, prepared for Daniel O'Connell ['The Liberator'], attorney, 'for trial at Nisi prius' at Cork Summer Assizes 1819, against William Lowe, Defendant, regarding gaming rights on lands at Bohus and Knockanebawn.
The 1639 grant of the Manor of Newmarket, including rights of 'free park and free warren', is briefly summarised. There follows a 'Pedigree of the Aldworths since their coming into Ireland'. It is stated that the Newmarket estate has been in the family since the reign of Elizabeth, with the first patent obtained in the reign of James I. Various leases are then recited, including one of 1722 'of lands of Comericonnell (now called Buhus) and the lands of Drumadda' [to Nicholas Philpott, renewed in 1811 to Nicholas Leader]; lease of 1719 of the mountain farm of Mileenicerig and Turin McAuliffe [to George Stannard, renewed in 1808 to Josias Dunn for Henry Heard]; lease of 1722 of east part of Knocknagarrigy [to Thomas Farren, renewed in 1797 to Peter Deane]; lease of 1722 of 'town and lands of the north side of Rowell, commonly called the far Rowell' [renewed in 1803 to Robert Langford].
It is stated that these lands 'consist for the most part of mountain peculiarly suited for sporting and more especially for shooting grouse upon'. It is explained that Aldworth built a sporting lodge in the vicinity and has always exercised his sporting rights, both by sporting himself and 'by delegating or granting liberty to sport thereon' to his friends. Aldworth has preserved the grouse and appointed game keepers, but has allowed tenants to shoot on their own land. Last season, however, a William Allen, a Cork Butter merchant with an interest in one of the holdings, insisted he would shoot on that holding and on other lands with permission from the tenants. Arthur Kenny, game keeper, was sent on 20 August to warn off Allen and his party, which included his brother in law, William Lowe. Kenny reports that he saw them shoot grouse on lands at Bohus and Knockanebawn, and that none of the party could produce licence or authority from the plaintiff. Kenny reports that he met the party again on 24 August and was threatened by them. He cites David and Daniel Curtin, farmers, as witnesses [informations deposed by all three attached]. A separate action is being taken against William Allen. There follow further remarks on the case and on the plaintiff's title and rights, a list of suggested proofs required, a fuller summary and analysis of the 1639 grant, and legal comment. It is thought that the action 'for interfering with the plaintiff's right of free park or free warren' is a 'novelty'. Legal opinion [by O'Connell, folio 22] advises on proving and corroborating title and gaming rights, noting 'the most usual evidence of manorial rights is found in the exercise of the jurisdiction of the manorial courts'. 22pp
Extent2 Items
LanguageEnglish
Persons keywordAldworth Family, Newmarket, Co Cork
SubjectHunting
AccessHard copies: Accessible to Readers by appointment. Access restrictions apply to some collections. Digital object/copy: see Download Media and/or Digital Reference
RightsLicensing information available on request by email to archivist@corkcity.ie Copyright Cork City and County Archives, Cork City Council, unless otherwise indicated. All Rights Reserved.
Levelfile
RepositoryCork City and County Archives
Download media