Ballymoney Courts Leet

The original records were in a Manuscript book which was deposited for safe keeping in the Record Office at the Four Courts, Dublin in 1906. This book unfortunately was destroyed when the Record Office was blown up and its contents burned or scattered to the four winds in 1922. Fortunately a fairly complete copy of the Records was taken some years before the book left Ballymoney. However, it should be noted that the records, although copied from the original Manuscript, and partly produced here on this site, may be taken with certain abridgements which are apparent, as a correct copy of the original.

The Records are of the Court Leet held in Ballymoney for the Manor of Dunluce in the County of Antrim from 1798 to 1847, when the holding of such Courts for Dunluce apparently came to an end, as they had really survived their usefulness, although it was not until 1859 that by section 1 of 22 Vic. c. 14 all Manor Courts in Ireland were abolished by Statute. Several Courts Leet survived for some time afterwards in England for formal purposes.

The Manor of Dunluce in County Antrim appears to have been practically co-extensive with the present Baronies of Upper Dunluce and Lower Dunluce and formed portion of the Estates of the Earl of Antrim (now at Glenarm Castle) held under Patent from the Crown.

It is impossible to give a concise definition of "a Manor" such as the Manor of Dunluce, since the latter comprised a comparatively large district, with few of the characteristics attached to what is known as "a Manor" in England, where such a unit of the Kingdom has been in existance since the time of the Norman Conquest.

"Leet" in the above connection is derived from an Anglo Saxon word meaning a district or division of a County comprising several hundreds, and subsequently, an assembly of the men of a district or township to transact the business of the community. The same word is still used in Scotland to describe a list of selected candidates for an office, usually an ecclesiastical office. In this context however the derivation of the word is different.

By Letters Patent dated 11th December 1610, of James I. to Sir Randall McDonnell, Knt., the Regions called the Route, containing 9 territories or tuoghs, and the Glynns, containing 7 territories or tuoghs, in the County of Antrim and Province of Ulster, with the entire Island of the Raghlinns (ie. Rathlin Island), being parcel of the Glynns and the four towns or townlands called the Creggs, being parcel of the Route, were granted, with certain exceptions, to the said Randall McDonnell, to Hold as therein. We are only interested here in four of the tuoghs in the Route which in the Patent are designated as:

The Tuogh between the Band and the Boyes (ie. the Bann and the Bush rivers)

The Tuogh of Ballelagh (ie. Ballylough)

The Tuogh of Loughgill (ie. Loughguile)

The Tuogh of Ballemoney and Dromart

In the "exceptions" to "the parcels" in this Patent of 11th December 1610, there are included 9 towns or townlands in the Tuogh between the Band and the Boyes; also some smaller denominations all described as "near adjoining to the town of Coleraine." These lands so excepted had been included in former Patents to Sir Randall McDonnell, but had been surrendered by him to James I. by Deed of 29th November 1610, "for the better expedition of our service in and about the Plantation of our Province of Ulster," and afterwards were added (although on the East side of the River Bann) to the old County of Coleraine, together with portions from other Counties, to form the present County of Londonderry, County Antrim was not included in the "Plantation of Ulster," which began in 1610; this County had already from the latter years of the 16th century been settled principally from Scotland, and this earlier settlement of County Antrim, as also of County Down, was a strong factor in the success of the Historical Plantation.

Authority was given under this Patent of 1610 to Sir Randall McDonnell to divide the Route and the Glynns into "precincts or ambits" of 2,000 acres at least each, "to the intent that every precinct or ambit of land so limited and bounded shall become a perfect and entire Manor in fact and name."

Authority was also given by this same Patent to hold Court or Courts Baron and Court or Courts Leet and Views of Frank pledge within every of the Manors or precincts of land so limited and bounded as aforesaid, and to appoint Seneschals to act in the said several Courts Baron and Courts Leet.

The term "View of Frank pledge" has been said to be synonymous with "Courts Leet" and in one sense this is true, as the same body of men in early times who acted as Jurors in a Court Leet took the View of Frank pledge for the district. Sir W. A. Morris explains the Frank pledge system as follows:

"The Frank pledge was an association of men, the members of which were mutually responsible for the production of any one of them in Court. If a man fled rather than pay for his crime, the Frank pledge of which he was a member had to pay. This idea of keeping the peace by a system of mutual responsibility goes back to very remote times. The View of Frank pledge was a bi-annual enquiry as to the proper observance of the law with regard to Frank pledge, an enquiry as to whether everyone was in Frank pledge, and whether the Frank pledges were of an adequate size and performing their duty."

By further Letters Patent dated 8th September 1629 of Charles I., the same territories or tuoghs, by the same descriptions and with the same exceptions as in 1610, were granted to Randall McDonnell, Knt., then Earl of Antrim, and this Patent sets out the entire 16 territories or tuoghs as then divided into four Manors; the Manor of Dunluce (comprising the four tuoghs set out above), the Manor of Ballycastle, the Manor of Glenarm, and the Manor of Oldstone, alias Kilconway.

Authority is specifically given under this Patent of 1629 to Sir Randall McDonnell to appoint Seneschals and to hold the following Manor Courts in the various Manors:

Courts Baron from 3 weeks to 3 weeks before a Seneschal or Seneschals, pleas in debt or damages not exceeding 40/- current money of Ireland.

Courts Leet and View of Frank pledge twice yearly.

One Court of Record in every Manor every three weeks before a Seneschal or Seneschals, with jurisdiction of all pleas which in debt or damages do not exceed £10 current money of England.

After the Rebellion of 1641 the Antrim Estates in the County of Antrim were forfeited to the Crown, but when Charles II. came to the Throne at the Restoration, by Patent of 18 Charles II. dated 20th July 1666, the original lands were, with certain exceptions, restored and confirmed to Randall McDonnell, the second Earl and first Marquess of Antrim "in as large and ample manner as same were held and enjoyed by him upon the 22nd day of October 1641," together with, inter alia, the right to hold "Court Leet, Court Baron and Court of Record, and all that unto Court Leet, Court Baron or Court of Record belongeth, or in anywise appertaineth."

The Courts Leet for the Manor of Dunluce, presided over by a Seneschal appointed by the Lord of the Manor, the Lord Antrim of the day, were accordingly held under the authority of these Patents from the Crown.

This system of Manors, with Courts held by the Lord of the Manor or his deputy, had been in existance in England from very early times, Courts Leet, depending always for their jurisdiction on the Royal Franchise, being one division of such Manor Courts. The system was not peculiar to England and Ireland; it was found wherever Feudalism existed.

The jurisdiction of Courts Leet in Ireland, as appears from perusal of the Records still extant (as at 1934) of such Courts, must be considered as rather vague. Apparently both jurisdiction and practice were settled by ancient usage and custom.

The only Statutes which I have been able to find dealing with Courts Leet in Ireland are 6 George I., chap. 10 (1719), where it is enacted that the Seneschal and Jury of the Leet are to appoint a number of watch-houses to be erected in each parish and to appoint so many of the inhabitants to watch every night from 29th September to 25th March, or as the Seneschal shall direct and appoint; and 23 George II., chap. 14. (1749), which empowers the Justices of the Peace to appoint Petty Constables, if the Seneschal has neglected to hold Leet to appoint them.

In Halsbury's Laws of England it is stated: "A Court Leet, though found as an adjunct, is not an incident to a Manor. The Court Leet, Law day, or View of Frank pledge is a Court of Record for the cognizance of Criminal matters and pleas of the Crown. It was held twice a year, ie., within a month after Easter and a month after Michaelmas. It was originally held before the Lord or his Steward, but the usage is that it should be held before the Steward. The jurisdiction extended over such offences as were not felonies, and offenders were punishable by amerciaments or by the pillory, stocks, cucking stool or tumbrell."

A perusal, however, of these Records of the Court Leet for the Manor of Dunluce in the first half of the 19th century shows rather a different and wider jurisdiction than is stated in Halsbury. No doubt a number of the presentments might be said to deal with criminal matters, but the larger proportion deal with the appointment of Petty Constables and Inspectors of Weights and Measures at fairs and markets and with matters appertaining to the town of Ballymoney, such as might have come under the jurisdiction of Town Commissioners or an Urban Council, and this notwithstanding the fact that Ballymoney, although much the largest town in the Manor, was really a very small portion of it.

From some of the Records of Courts Leet held in the 18th Century in adjoining Manors in County Antrim, it would appear that presentments occasionally were made at these Courts of sums of money for repairs to roads and bridges within the Manor.

The Official appointed by the Lord of the Manor to preside over Manor Courts was termed in England "Steward of the Manor," in Ireland "Seneschal of the Manor," and in this connection it is interesting to note that in 1932 the term "Seneschal" was revived as the title by which Mr. Donal Buckley was described when appointed Governer-General of the Irish Free State.

The Jury at a Court Leet was a "Grand Jury" as distinguished from a "Petit or Petty Jury." It was strictly speaking "a Grande Inquest for the Manor" whose function it was to make "presentments," and both descriptions will be found used in these Records.

The Tenants under the Lord of the Manor of property within the Manor and their under-tenants, and at this time apparently, all residents within the Manor were liable to serve on the Jury of a Court Leet.

Before each Court the Seneschal made out a list of the Panel, and handed same to the Bailiff of the Manor with a formal Precept or Notice, signed and sealed by the Seneschal and addressed to the Bailiff calling upon him to summon the Tenants to attend and pay their dues and act as Jurors at the Court.

As will be apparent from a perusal of the Records of the Court Leet for the Manor of Dunluce from 1836 onwards, this particular Court, at any rate, found its various functions gradually transferred to other authorities, and experienced difficulty in continuing the meagre business which was left for it to transact, so that eventually the jurisdiction fell into complete disuse. This condition arose no doubt from the facts that the care of the markets in Ballymoney passed from the Court Leet in 1835, the presentments for petty constables became no longer necessary owing to the establishment of the Royal Irish Constabulary, County Inspectors of weights and measures displaced those locally appointed by Courts Leet, and further, the formation of the Ballymoney Board of Guardians in 1840 and of the Town Commissioners for Ballymoney in 1845, under George IV. c.82, left nothing to be done by this ancient Court, which could not be better done by these Boards with their more modern machinery.

The following were but names to the present (1934) generation in Ballymoney:

John Calderwood	James Cramsie	Robert Gamble
Joseph Gordon	Robert Hamilton	Neal Kennedy
James Moore	Thomas McElderry	William McIntyre
William Orr	Adam Thompson	William Thompson

These names, however, will be found repeatedly in honoured positions in the Records of these Courts Leet held in Ballymoney in the first quarter of the nineteenth century, and in a less democratic age than the present, drawn from the men of substance in the community, the men bearing these names were, with their fellows, instrumental, during the years which immediately followed the burning of the greater part of Ballymoney by the Crown Forces during the Rebellion of 1798, in laying the foundations of whatever trade and prosperity the town at present enjoys, and such are the changes in a small community in 100 years, not one of the men in the foregoing list, with the exception of perhaps three or four, have at the present time descendants residing in either the town or its immediate neighbourhood.