THE “MANOR OF CASTLESHANE”

From Monaghan in the Early Modern Period…….Eamonn O Ciardha  in Monaghan History and Society)

In  1683 , Francis Lucas of Castle Shane petitioned Charles 11 for grant of a manor, and charter for erecting a village into a borough which he deemed a suitable reward for services rendered  against the Tories:

“To the King’s most Excellent Majesty. The humble petition of the kingdom of Ireland sheweth, that your petitioner and his family have been always true and loyal subjects to your Majesty and your royal ancestors and your petitioner hath done signal service against Tories and robbers in the rebellion in the said kingdom, and hath a desire that by your Majesty’s most gracious favour and licence the said village of Castle Shane may be made a borough corporate, and your petitioner’s in the said county and in the annexed schedule mentioned may be brought into one manor.”

Ormond certified in his report, dated at St James’s Square, 1st August 1683:

“that said Francis Lucas hath been active and done good service against Tories and robbers that infested the county of Monaghan, where his estate lay, and he humbly conceived that his Majesty might grant him his desires.”

The letters patent constituting the manor were granted  by Charles 11 to Francis Lucas and his heirs and dated 13th August 1683.  As well as setting out the denomination of lands by townland in the manor estate (see The Lucas Estate Land ), the letters patent also granted to Lucas and his heirs powers  to have a “manor court”, under a seneschal appointed by him. The powers of this manor court are set out below.  Very little has been written about these Manor Courts but they appear to have existed and functioned until abolished by the Manor Courts Abolition (Ireland) Act of 1859, which transferred disputes previously dealt with by manor courts to petty sessions courts.

The only places in the county mentioned in a report to the House of Commons in 1833 as having  manor courts were Castleshane, Castleblayney and Dartry. (See Appendix 1)

All situate, lying and being in the County of Monaghan.

The court is usually held at a school-house in the townland of Crieve, in said manor, from which to the most distant place to which the jurisdiction extends, is about 12 statute miles: but practically, no jurisdiction is exercised of over any place more than five statute miles distant from the court, within which the bulk of the lands in the manor are situated;  over the land farther off, consisting of a few scattered townlands, the inhabitants of which, from their distance from the court would find it very irksome and burthesome to do suit and service thereat, and on this account the jurisdiction has not been exercised over them.

The letters patent constituting the manor, comprising the above-mentioned denomination of land, to be called the “Manor of Castleshane” were granted by Charles 11 to Francis Lucas Esq., of Castleshane and his heirs &c, dated 13 August 1683.

The said letters patent grant powers to said Francis Lucas and his heirs to have and hold, under such Senechal or Senechals as he or they may, from time to time, appoint,

1  A court-leat or view of frank-pledge to inquire of all felonies, trespasses, deceits, nuisances etc within the said manor.

2  A court in the nature of a court-baron every three weeks, or seldomer, if he or they please,  to try actions of debt, covenant, trespasses, account, contract and detinue and all other causes and matters whatsoever, which in debt the damage exceed not the sum of 40s current money in England, and to hear, determine and execute all matters accustomed to be inquired of, done and executed in any colurt-baron, A law day or “Court of Record” of all and all manner of action of debt, replevin etc and all other personal and mixed actions, where the debt or damages shall not exceed £10 sterling with power to the Senechal to issue all necessary warrants and to compel the defendant to appear and answer the plantiff’s suit as in any other court of record, be the same by summons, attachment of the body or goods, or by distress or other legal course ect. and so to proceed to judgement; such judgement to award and issue out executions on body, goods or land.

The said letters patent further authorise the said Francis Lucas, his heirs &c, to erect, build, and have a prison in said manor, and also to appoint a keeper for said prison.

But although such appear to be the powers granted by the patent, they have been, or are now but partially exercised.

The second, or baron-court, is the only court now in use in the manor, and is confined to cases where the debt or damage does not exceed 40s.

The decree of the court is enforced by levari, or warrant of the Senechal against the goods of the party. The goods distrained under such levari or warrant are, after due notice, sold to answer the warrant, rendering the surplus (if any) to the owner. The fees of the Senechal in each case are 2s 6d; the whole fees and costs  on each decree not exceeding 6s.

The power of imprisonment is never exercised; no warrant or attachment against the person is ever issued, nor is there any prison on the manor.

The description of cases tried are mostly those of debts arising out of the ordinary county transactions of buying, selling, and the like, mixed actions, and a few promissory notes or other specialities.

ABSTRACT OF PROCEEDINGS FROM 31ST December 1833