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Irish 'Feudal Titles'
The following is an article periodically updated dealing with the controversial subject of title sales. Additions or corrections can be e-mailed (remove 'SPAMOUT' from address).
Introduction
While of course distinct from the
question of Gaelic Chiefships,
the matter of the validity of Irish 'feudal titles' arises from time to
time, and so it seems a good idea to create some sort of ad hoc
register of same. The whole matter of noble titles and distinguishing
the real from the fake is a complicated one which few fully understand,
a fact which purveyors of false titles fully exploit. The Earl of
Bradford maintains a good site on the subject of British titles at http://www.faketitles.com/index.html,
which of course has considerable relevance to Ireland. See also
Baronage Press's FAQs, two of which deal with Irish titles: http://www.baronage.co.uk/2001/faqs-01.html.
Scottish feudal baronies are
considered to be a form of property
which can be disposed of legitimately, but the existence of of Irish
and indeed English feudal titles has been questioned on the grounds
that feudalism was abolished in both countries in the seventeenth
century. Lord Lyon previously recognised Scottish feudal titles,
but has signalled an intention to phase this recognition out (see
below). Residues of feudalism in Scotland relating to land have only
recently been abrogated by the Abolition of Feudal Tenure Act 2000. As
to titles, the act states that when 'an estate held in barony ceases to
exist as a feudal estate, the dignity of baron, though retained, shall
not attach to the land; and on and after the appointed day any such
dignity shall be, and shall be transferable only as, incorporeal
heritable property' (http://www.hmso.gov.uk/legislation/scotland/acts2000/00005--g.htm#63).
On 17 December 2002, Robin O Blair, Lord Lyon King of Arms,
announced that as a result of the Abolition of Feudal Tenures Act 2000,
he would from 28 November 2004 no longer 'officially recognise a person
as a feudal baron, nor make any grant of baronial additaments as part
of armorial bearings'. A substantial list of Scottish barony titles
sold in recent years may
be viewed at http://www.baronytitles.com/forsale/11.html
The writer attempted to gain an understanding of the arcane practices
involved in the sale of Scottish feudal baronies by asking for clear
citation of documentary evidence relating to the Barony of Plenderleith
(postings on the forum rec.heraldry
in August 2006), but was met with reluctance or refusal to answer,
mixed with some personal abuse (allegations of being a 'fool', a
'nutter', etc).
The act abolishing feudal tenure
in England was passed in 1660,
and two years later an almost identical act was passed in Ireland.
The full title of the Irish legislation of 1662 is An Act for Taking
Away the Court of Wards and
Liveries, and Tenures In Capite, and by Knight's Service (14
and 15 Charles II, Chapter 19, Irish Statutes, 2, Dublin 1786
Edition, pages 515-21). The Irish act declared that the Court
of Wards and Liveries, and feudal tenures, that is, tenures by knight's
service of the King or otherwise, in capite or by socage in
capite of the King, were 'more burdensome to the Kingdom than
beneficial to the King'. Accordingly, these and other feudalities
specified were to be abolished, and the act was made retrospective to
1641. This act in effect abolished feudalism in Ireland, aside from
some largely theoretical residues (see the full text of the Tenures Abolition Act 1662, courtesy of
Derek Howard). The Irish and English
acts contain a proviso
exempting a title of honour by which any person might have the right to
sit in the House of Lords, and the privileges belonging to them as
peers. However, unlike the Scottish act mentioned above, the Irish act
did not specifically exempt feudal titles or manorial lordships. The
(Irish) Land and Conveyancing Law Reform Act 2009 provides for the
repeal of the 1662 act and other old legislation in need of updating: http://www.oireachtas.ie/documents/bills28/acts/2009/a2709.pdf.
Section 9(2) of the act declares, 'In so far as it survives, feudal
tenure is abolished', while Schedule 2 specifies that the Tenures
Abolition Act 1662 is repealed 'so far as unrepealed'.
While the writer is not in a
position to state that there are no
authentic Irish titles on sale, many if not most of those on offer are
fabrications of varying degrees of sophistication which usually require
hours of work to expose. At this stage the writer has gone beyond a
general warning of 'buyer beware' to 'do not purchase'. There follow
are details of titles I have encountered over the years or
which have been brought to my attention via the discussion group
rec.heraldry or otherwise.
Office of the Chief Herald of Ireland
The following titles have been
noted among the Office of the Chief
Herald's Grants and Confirmations of Arms: Baron of Kells, County
Meath?,1988, Lord Ballymadun, County Dublin,1991, Baron Ratoath, County
Meath,1991 (supporters), Barony of Corran, County Sligo, 1993
(supporters), Barony of Leyny, County Sligo,1995 (supporters), Barony
of De Courcy, County Cork, 1998 (supporters), Barony of French Park,
County Roscommon, 1998, Barony of Carbury, County Sligo, 1998
(supporters; see statutory declaration below), Barony of Slane, County
Meath, 2000, dated 1999
(supporters). The following titles appear in entries in the Office's
Register of Foreign Arms: Lordship of Manor of Nobber, County Meath,
1989, Barony of Delvin, County Meath, 1994 (grants of arms and
supporters), Barony of Duleek, County Meath, 1994 (grant of arms and
supporters), Barony of Kinnalea, County Cork, 1994 (grant of arms and
supporters), Barony of Tirerrill, County Sligo, 1994 (grant of
supporters), Barony of Eglish-Fircall, 1995. The Office of the Chief
Herald of Ireland's practice of granting arms and supporters to holders
of an 'Irish feudal lordship or barony' is stated to have ceased in
1998, although the list above shows that it continued until 2000 at
least. This was a period when it was clear that through its involvement
with Terence
MacCarthy, the Duchess
of Braganza and others, the Office had become in effect a brokerage
house for bogus and questionable arms, titles and pedigrees. It should
be noted that the practice of validating so-called feudal titles
appears to have been suspended during Dr Patricia Donlon's tenure as
Chief Herald in 1996-1997, which incumbent was much criticised for
supposed lack of 'expertise'. After Dr Donlon's retirement in early
1997, the practice of validating feudal titles was resumed for a
period, over the signature of Fergus Gillespie, Deputy Chief Herald.
Arising from queries suggested by
discussion on rec.heraldry
concerning the granting of supporters to the holder of a feudal barony
as late as 2000, the writer secured the following reply from Chief
Herald Brendan O Donoghue on 22 October 2002: 'With regard to . . .
[the holder of the Barony of Slane], notwithstanding that a decision
had been taken early in 1998 to discontinue the practice of granting
supporters to persons who claimed to have purchased feudal baronies or
lordships, it was considered appropriate to honour earlier commitments
to do so in his case.' Who made these commitments, and whether they
followed monetary deposits has not been established.
Supporters are generally taken to
indicate high status,
and indeed it would appear that it would be safer for an heraldic
authority in a republic not to grant them. The Chief Herald stated that
it was the current policy of his office 'to limit the granting of
supporters to certain corporate and civic authorities and to persons
holding high public office'. Notwithstanding this, the Deputy Chief
Herald in 2000 certified the use of supporters for John Paul Joyce,
'head of the family of Joyce' (http://www.nli.ie/Arms25.htm,
no longer accessible), this apparently being the controversial
Anglo-Norman Joyce title which the Office of the Chief Herald now
denies having placed on a par with Gaelic Chiefs. While it does not appear that any of his predecessors
enjoyed the honour, Chief Herald O Donoghue's own grant of arms dated
30 June 1999 includes supporters for his lifetime, 'On either side a
fox rampant collared or, pendant therefrom on the dexter the Harp of
Ireland and on the sinister a book or' (volume Y, folio 55).
Arms with supporters granted to Chief Herald of Ireland 1999
Bogus Mac Carthy Mór Titles
The sale by Terence MacCarthy of
'Gaelic feudal lordships' was
effectively rubber stamped by the then Chief Herald in a now notorious
series of letters:
Letter 1, Chief Herald to MacCarthy Mór, 16 June 1988
Dear MacCarthy Mór,
This is by way of a reply to your letter of June 7th 1988. First allow me to congratulate you on your new publication 'One Thousand Royal and Noble Ancestors of the House of MacCarthy Mór'. Now to the matter of the Gaelic feudal lordships which, as you say, are cited in the St Leger Tract of 1588. Such incorporeal hereditaments, whatever their precise nature, would, I believe, come under the term 'property' for legal purposes. Accordingly, under our Constitution you have the right to beneficial disposal of such property, irrespective of whatever I might say or think. Although no register of such property exists here we have nonetheless an interest in your proposed course of activities. Having considered the matter we do not propose to stand in the way of your disposal of the aforementioned hereditaments.
Yours sincerely, Donal F Begley, Chief Herald of IrelandLetter 2, Chief Herald to Publishing Director, Burke's Peerage, 3 November 1988
Dear Mr Brooks-Baker,
My attention has been drawn to your letter of August 24th 1988 to The MacCarthy Mór of Belfast, regarding his intention to dispose of certain hereditaments which may subsist in the Chiefship of the House of MacCarthy Mór. I can confirm that I have written to him (June 16th 1988) to say that the Office here would not stand in the way of the action he proposes to take. For your further information MacCarthy Mór (applicant Terence McCarthy of Belfast) is one of a number of old Gaelic designations which are shortly due for official recognition here.
Sincerely, Donal F Begley, Chief Herald of IrelandSource: A New Book of Rights, Gryfons Publishers, Little Rock, Arkansas, 1998, pages 78-79; texts verified as being authentic by the Office of the Chief Herald.
The following is a list of
titles bestowed by MacCarthy, all of
which of course are fabrications: Clandermond, Kilbonane, Ballywoodane,
Castlecormac, Duhallow, Drumtariff, Dromagh, Mashanaglass,
Clonmeallane, Cosmaigne, Skart, Ballea, Tiraha, Cappanacushny,
Cloghphilip, Clanlauras, Duarigle, Castleshort, Kileughterco,
Carigacashel, Castlemore, Cullen, Drumcarra, Gortnacloghy. And further
titles brought to my attention: Curragh, Dromcummer, Downyne, Letter,
Benduff, Aglish, Lohort, Castlequin, Clandonoroe, Cloghda, Kilmeedy.
It was alleged in 1999 by Terence
MacCarthy that a consultant
working in the Office of the Chief Herald held the title 'Baron of
Rathdown' and was involved with the bogus Duchess of Braganza (http://www.montana.com/mccarthy/MacCarthyMor/openlet.html
and http://www.montana.com/mccarthy/MacCarthyMor/july21.html,
both now removed). The contract of the individual in question was not
renewed in 2001.
Various Title Sellers
The age of chivalry may be dead,
but romantic yearning for noble titles and the perceived prestige they
bring has never been stronger. Of course money has frequently been a
factor in the award of aristocratic titles by monarchs and governments,
but it is one thing to have an Earldom bestowed on a wealthy ancestor
who was generous to the government of the time, and quite another to
present oneself as the bearer of the Dukedom of Neasden, recently
purchased from a shelf company. There are a number of firms selling
titles internationally, by way of the Internet or privately, and while
a few have a permanent presence, others change title every so often,
although the principals usually remain the same.
Here are some other titles noted by or
brought to the writer's attention:
Barony of Callan, County Kilkenny
(South Africa Government Gazette
3 August and 2 November 2001) Barony of Galmoy, County Kilkenny (Same 7
December 2001).
Barony of Newcastle, County
Wicklow, and 'Lord Stewardship of
Ireland' (for sale by Manorial Auctioneers March 2002 http://www.msgb.co.uk/msgb/Titles.html).
A posting on rec.heraldry on 26 January 2003 states that the Earl of
Shrewsbury through Manorial Auctioneers is offering for sale the titles
of 'Deputy Lord High Steward of Ireland' and 'Lord Steward of
Waterford'. The writer is informed that the Earl of Shrewsbury's claim
to be Lord High Steward of Ireland rests upon its being a 'Coronation
Office', that is, one performed simply by attending upon the sovereign
at his or her crowning. Furthermore, the Court of Claims in the past
has considered the right of the Earls of Shrewsbury to this office but
suspended judgement on the matter. It is therefore very doubtful
whether there is any real validity to the titles of 'Deputy Lord High
Steward of Ireland', or 'Lord Steward of Waterford' or any other Irish
county.
Baronies of Ibane, Donnegan and
Killyde (see above), County Cork
(failed to sell at London auction per Irish Independent 15 June 2001).
Baronies of Muskerry and Donnegan
(see above), County Cork (www.privateproperty.co.uk
auction results 14 February 2000).
Baronies of Clanmaurice, County
Kerry, and Ballycowan, County
Offaly (reported to have been sold in London on 6 December1995 http://www.heraldicmedia.com/site/info/manor.html).
Baronies of Skibereen,
Millstreet, Killyde, Kinnatalloon,
Mitchelstown, Kinaleah, Orrery, Macroom, County Cork; Lordships of
Manors of Castletownroche, County Cork, Mount Nagle, County Cork,
Athenry, County Galway (for sale by British Feudal Investments March
2002 http://www.nobletitles.com/lists.htm;
see general commentary at http://www.baronage.co.uk/nl/nl-03-04.htm#Anchor-FEUDAL).
Barony of Fernmoy, Co Cavan,
Barony of Brayny, Co Westmeath,
Lordship of the Manor of Ballyglass, Lordship of the Manor of
Ballynacorra, Lordship of the Manor of Kilkeelan (reported as for sale
by auction by Manorial Auctioneers June 1996 http://ourworld.compuserve.com/homepages/Amy_Jenkins/ldshpinf.htm).
Lordship of the Manor of
Hawkinstown, Co Meath, offered by
Viscount Gormanston, Barony of Elyogarthy, Co Tipperary, offered by
Trustees of the Ormond Settled Estates; Barony of Ardes, Co Down,
offered by Viscount Bangor; Lordship of the Manor of Gafney, Co Meath,
until recently belonging to Viscount Gormanston (reported for private
sale by Manorial Auctioneers at date unknown on http://www.atreides.demon.co.uk/MNet/MAuct/MSite1a/Titles.html).
Viscountcy/Barony of Barryroe
(reported sold for £90,000
($144,000) on 10 November 2000? by auction by Strutt & Parker,
London, on http://www.expatworld.org/article8.htm).
Viscountcies (sic) of Barryroe
and Orrery, Baronies of Barryroe,
Orrery, Kilmallock, Skibereen, Millstreet and Killyde, and Lordships of
the Manor of Athenry and Butlerstown ('special offers' from
$10,000-80,000 from Sovereign Classics http://www.sovereignclassics.com/index_nob_sale.htm
June 2002; some duplicated under British Feudal Investments above, and
Barryroe titles reported sold in previous entry).
On 8 August 2002 the following
Irish titles were for sale on the
British Feudal Investments site at http://www.nobletitles.com/lists.htm:
Lordship of the Manor of Cove of Cork ($5,500), Barony of Skibereen
($25,000), Barony of Millstreet ($16,400), Barony of Killyde ($20,000),
Barony of Mitchelstown ($18,000).
It is reported that among titles
to be auctioned by Strutt and
Parker on 23 October 2002 are two Irish ones, the Lordship of the Manor
of Monkstown and the Lordship and Territorial Barony of Barnahely, but
there is some question as to whether the alleged vendor, Lord Shannon,
actually disposed of them: http://www.faketitles.com/html/strutt___parker.html
In a forensically detailed
analysis of the activities of Anthony
Boada and British Feudal Investments, there are references to the sale
of Lordships of Belvelly, Ballywalter Demesne, Cove of Cork and
Carrowreagh, all of which appear to be spurious: http://www.noblescams.com/boada/boada14.htm
The British Feudal Investments webpage at http://www.nobletitles.com/
returns a message stating, 'This website is temporarily closed for
refurbishment'.
A firm called 'Burke's Peerage' -
which should not be confused with Burke's Peerage and Gentry, which
continues to issue Burke's quality publications - is offering 'Ancient
Irish Titles' for £30,000-45,000 each, claiming, 'It is
possible to eventually register these titles with the Chief Herald in
Ireland': http://www.burkes-peerage.com/acquisition.htm
As indicated above, while the Office of the Chief Herald formerly
offered validation of such titles, it has now distanced itself from the
practice.
In July 2003 Manorial Auctioneers
was offering for sale two Irish
feudal baronies, namely, Ballystousone, County Cork, and Clonmacowan,
County Galway: http://www.msgb.co.uk/Titles.html
Also in July 2003 there was an
interesting discussion concerning
Irish feudal baronies on the Heraldry Society of Scotland website at http://www.heraldry-scotland.co.uk/Forum/ShowMessage.asp?ID=3404.
Defending the existence of such titles, Willy E Sturzenegger of Arran
stated that he had in 1993 acquired the Barony of Eglish-Fircall from
the Earl of Rosse, and was recognised as the bearer of same by Chief
Herald Begley and Deputy Chief Herald Gillespie in documents issued in
1995 and 1997 respectively. But what is the earlier documentation
proving the existence of the Barony of Eglish-Fircall?
Exposures
The sale of titles by the firm
Burke's Peerage
(again not to be confused with the publishers Burke's Peerage and
Gentry) was the subject of a critical article in the Irish Sunday
Independent of 25 July 2004. Among the titles advertised by the
firm are some Irish baronies, one of which is stated to be Gillabbey.
Gillabbey is indeed a place in St Finbar's Parish in County Cork, but
the writer cannot document any title associated with it, and a reply is
awaited from Burke's Peerage as to their evidence for claiming an
associated title. The Sunday Independent article quoted
Harold Brooks-Baker of Burke's Peerage, as refusing to reveal who owns
the titles for sale, and repeating the claim that 'you can register the
barony with the Chief Herald of Ireland'. To repeat, while it is true
that the Office of the Chief Herald of Ireland effectively rubber
stamped feudal titles in the past, as indicated above, it has for a
number of years discontinued the practice, without however invalidating
those already entered in its registers. The newspaper article also
quotes Fergus Gillespie, Deputy Chief Herald and administrator of the
Irish Office in the absence of a permanent Chief Herald: 'Anyone
thinking of buying these titles would need to be pretty sure they are
not buying a pig in a poke'. Indeed.
Disproving the authenticity of
titles such as those listed above
is time-consuming even for a specialist, as a wide range of records has
to be checked, and the writer could not afford to keep on doing this
indefinitely and for every title, particularly where deliberate
mystification and obfuscation of sources is involved. Consider again
the above listed superficially plausible titles sold by Terence
MacCarthy or accepted by the Chief Herald of Ireland, and imagine the
work required to disprove all of them conclusively (work which the
writer would of course be able to perform professionally if he was not
blacked from such employment as a result of his refusal to acquiesce in
what was going on in the Office of the Chief Herald in particular).
Accordingly, it seems reasonable to attempt to lay down some criteria
for validating feudal titles, if indeed there are any which are
authentic. Firstly, the claimed owner or vendor of such a title must be
able to produce clear documentary evidence that the title existed, and
if an original grant is not extant, that the title was used over a
significant period of time. Secondly, it will have to be shown that a
feudal title has survived into the modern period, and has not been
affected by the Tenures Act 1662 or any later legislation such as the
Land Acts. Needless to say, hazy references to 'documents in the
family's possession', or mere reference to the existence of a barony in
the Townlands Index 1851 or similar works will not be
satisfactory. In the case of documents in private ownership, copies
would have to be produced for inspection, and in the case of
manuscripts or books in public repositories, copies again preferably
provided or else clear reference and page/folio details given so that
they can be checked easily. Failure to produce or properly cite
documentary evidence can reasonably be taken as an indication that a
feudal title claimed to exist or being offered for sale is of
questionable validity.
A site exposing irregular title
sales has an interesting article,
'The Illegal Sale of Feudal Baronies', based on information provided by
an unnamed expert (http://www.phoneynobletitles.com/irish_and_english_baronies.htm,
accessed 5 July 2005). It is noted that as a result of the
above mentioned English and Irish tenures acts of 1660 and 1662,
baronies by tenure or feudal baronies were legally abolished. The only
exception was baronies by tenure which became baronies by virtue of a
writ of summons to sit in parliament. In England case law has confirmed
that such feudal titles cannot be revived, namely, the Fitzwalter case
of 1668 and the Berkeley case of 1858. In addition, arising from a
spate of claims based on dubious genealogical evidence, an English
ruling of 1927 found that baronies by writ of summons cannot be revived
if they have been in abeyance for more than a hundred years. While
there have been no specific rulings in Ireland, the wording of the
Irish act of 1662 is so similar to the English act of 1660 that there
can be little doubt that the effect is the same. The legal authority of
the Chief Herald of Ireland and his Deputy to approve or certify feudal
baronies and allow their sale is called in question, and it is noted
that following some ill-judged approvals and acceptance of forged
evidence, the practice has simply ceased. In the case of Scotland, it
is noted that the tenures act of 2000 allows the sale of feudal
baronies as titles of honour. In contrast, in England and Ireland, such
feudal baronies cannot be considered to be incorporeal hereditaments
open to sale and purchase, as they have been abolished in law. As such,
those firms who sell such titles are acting outside the law and may be
subject to penalties. The foregoing, it should be stressed, is a
summary of views received at second hand, and what is wanting is a full
copy of the opinion on which it is based, with detailed citations.
The Earl of Bradford has added
some caveats to his web
commentary on the Manorial Society of Great Britain, including the
following: 'In particular I feel Mr Smith of The Manorial Society
sometimes relies too heavily on the use of a Statutory Declaration to
'prove' the ownership of a Manorial Lordship in the absence of existing
documentary evidence, and indeed, court cases, in which he has been
involved, have proved that the use of statutory declarations to prove
ownership in this way is far from satisfactory or reliable.' (http://www.faketitles.com/html/the_manorial_society.html,
accessed 5 July 2005). Additionally, a rival firm of title sellers has
posted the following, presumably accurate transcription of a 1999 'Mail
on Sunday' article relating to court proceedings over the 'non-existent
manor of Flushing': http://www.nobility.co.uk/bogus6.htm
(accessed 5 July 2005). In 2005 the Manorial Society was offering for
sale the Irish titles of the Barony of St John, County Wexford, and the
Lordship of Fallmore, County Roscommon. An attempt to obtain further
details of these titles was unsuccessful, and Manorial Auctioneers has
now ceased to post the names of titles for sale on its website. It is
only fair to point out that the
titles being offered by the rival firm, Noble Titles (http://www.nobility.co.uk/lord_of_the_manor_titles.html),
are open to question as well.
Three Case Studies
In the light of the 1662 Act it
is difficult to see how it can be
claimed that feudal titles still exist today in Ireland as
hereditaments which can be bought and sold. As we have indicated, many
if not most of such titles on offer today are essentially spurious,
often based on the device of choosing an administrative barony and
claiming that an unextinguished feudal title attached to it. Consider
for example the following case studies, the first two rather
crude, the third somewhat more sophisticated.
The first case, brought to the
attention of the writer in
April 2003, is that of the Lordship
of the Manor of Mount Nagle, County
Cork. I examined documents
supplied to a third party by Pitts-Tucker & Co and their client
Anthony Boada
Cartaya in relation to this alleged title. Mr Boada stated that
he purchased the 'Barony of Fermoy' in 1993, following which
'historical research' allegedly revealed that Mount Nagle and other
'feudal baronies' were included with the Fermoy title. It
is claimed that the Townlands Index 1851 'states that
the Lordship of the Manor of Mount Nagle was located in County Cork
(East Riding), in the administrative Barony of Fermoy and the parish of
Killathy'. The work in question does not list lordships of the manor as
such, but does list a townland called Mountnagle in County Cork
East Riding, Barony of Fermoy and Parish of Carrigleamleary (page 717).
Two maps of County Cork East copied from Mitchell's A New
Genealogical Atlas of Ireland were supplied, but these in no way
supported the existence of any lordship of the manor, the
work again being merely a reference aid to establishing administrative
divisions. Also provided was an historical account of the Lordship
of the Manor of Mount Nagle attributed to one 'Dr Erik de
Sergiana, PhD', but this could not be said to be scholarly, as
it was without source citations. It was also claimed that the Lordship of the Manor of Mount
Nagle belonged to the de Roche family, Barons and Viscounts of Fermoy,
but no documentary evidence was cited to support this. Mount Nagle
takes its name from the Nagle family, which is the form used by
the County Cork branch of the Anglo-Norman de Angulo
family (Edward MacLysaght, Irish Families, Dublin 1985
Edition, page 134). In
conclusion therefore, the statement that there existed a Lordship of
the Manor of Mount Nagle associated with the Barony of Fermoy is
unsupported by any kind of acceptable documentary evidence, and in the
writer's opinion is not only highly implausible, but based on brazen
fabrication.
1994 patent of Earl of Shrewsbury bestowing post of Deputy Lord High Steward of Ireland
on Anthony Boada, Baron of Fermoy, Athenry and Barrymore
The second case was brought to
the writer's
attention in July 2005, and relates to the alleged title of Barony of
Clare, County Galway, offered for sale by Manorial
Auctioneers
(Catalogue, pages 68-73). The piece opens with the declaration, 'This
barony in the province of Connaught belongs to Lord De Freyne whose
ancestor attended William the Conqueror into England', and the appended
pedigree commences with Fulco de Freyne, floruit 1302, descended from
Rollo, First Duke of Normandy. In contrast, the 107th edition of
Burke's Peerage starts Lord de Freyne's pedigree with Walter French of
Galway, floruit 1425.
The Manorial Auctioneers catalogue also favours us with the information
that The 'Tua-de-Danans' 'were originally Scythians, who had settled
some time in Greece, and afterwards migrated to Scandinavia', which of
course is pure 19th-century antiquarian fantasy. There follows more
padding of this kind, leading on to a summary account of Lord de
Freyne's ancestors, surnamed French.
Lord de Freyne is introduced as 'Baron of Clare' for the first time on
page 70 of the catalogue, but no evidence is given that his ancestors
ever bore such a title. Then follows an account of the name Clare,
tracing it to the 'Honour of Clare, in Essex', mentioning Richard de
Clare, the famous Strongbow who led the Anglo-Norman invasion of
Ireland in 1169. Reference is also made to peerage titles in the name
of Clare, and it is suggested, 'The Barony of Clare must surely derive
its name from the Anglo-Norman 'conqueror' of Ireland, Richard
Strongbow'.
The ignorance not to say
impudence displayed in the latter statement is remarkable. The name 'de
Clare' derives from a place in Suffolk in England. The placename
'Clare' in Ireland is generally an anglicisation of the Gaelic
'clár', meaning 'plain'. There are several places called 'Clare'
in Ireland, including the county of the name, and a barony of the name
in the adjoining County Galway. As indicated, baronies in Ireland are
old administrative units, and do not always have titles, feudal or
otherwise, attached, contrary to what sellers of dubious titles
frequently assert.
The Manorial Auctioneers catalogue entry for the Barony of Clare
concludes with the following note: 'Many documents and memoirs of the
Barony and family will be found at the National Library, Dublin.' This
citation is so vague as to be worthless, and no documentary evidence
whatsoever is given to show the existence of a feudal title associated
with the Barony of Clare in County Galway, or that the ancestors of
Lord de Freyne bore such a title. As such the title should not have
been offered for sale, and should be withdrawn without delay.
A series of queries based on the above points has been put by e-mail to
Manorial Auctioneers, but to date no reply has been received.
Furthermore, Manorial Auctioneers has ceased to list the purported
titles it is selling on its webpage at http://www.msgb.co.uk/Titles.html,
which of course makes it more difficult to test their veracity.
The third case was drawn to the
writer's attention in September 2006, and relates to
Manorial Auctioneers' offer for sale of the Barony of Knockgraffon,
County Tipperary. The sale catalogue claims that the Barony of
Knockgraffon 'has been Butler property for many centuries', specifying
that Richard Butler, 3rd Lord Mountgarret, held the title in the early
seventeenth century, and that it belonged to the 17th Viscount
Mountgarret and Earl of Ormonde 'until recently'.
While 'feudal' titles offered for
sale have frequently been based on
administrative baronies and are completely spurious, a feudal Barony of
Knockgraffon did in fact exist in medieval times. Thus there survives a
rental of the Barony dated 1308-09, which appears in a compilation of
Butler records (Red Book of Ormond, Dublin 1932, pages
145-47). In 1538 Knockgraffon is listed as one of a number of
'lordships or manors' granted by Henry VIII to Piers Butler, then Earl
of Ossory and subsequently Earl of Ormonde (Calendar of Ormond Deeds,
4, Dublin 1927, pages 178-79). A legal document of 1599 indicates that
the Manor of Knockgraffon was then associated with Thomas Butler, Earl
of Ormonde (Calendar of Ormond Deeds, 6, Dublin 1970, page 192).
It will be noted that by the
sixteenth century Knockgraffon had ceased
to be described as a 'barony' but only as a 'manor'. None of the above
documents are mentioned in the Manorial Auctioneers catalogue, and no
later documents are cited which would prove the continued existence of
a Barony of Knockgraffon in the possession of the Butler family, and
specifically the Earls of Ormonde. A record of the mid-seventeenth
century indicates that lands in the Parish of Knockgraffon were held by
Piers Butler, Gentleman, but the terms 'barony' or 'manor' do not
appear (Census of Ireland c1659, Dublin 1939, page 306).
Furthermore, if a Barony of Knockgraffon had survived until this time,
it is questionable whether it would have continued to exist after the
passing in 1662 of an act abolishing feudal tenures in Ireland (14
and 15 Charles II, Chapter 19, Irish Statutes, 2, Dublin 1786
Edition, pages 515-21).
In summary, evidence has been
found that a Barony of Knockgraffon
existed in medieval times, and there was a manor of the name associated
with the Butlers in the sixteenth century. However, no evidence has
been located to show that a Barony of Knockgraffon survived into modern
times or that it exists at the present day. As such the Barony of
Knockgraffon as offered for sale by Manorial Auctioneers is at the
least of doubtful validity, and very probably spurious.
Statutory declaration by
Viscount Gormanston
concerning the Barony of Carbury, County Sligo,
19 March 1993, registered in Registry of Deeds, Dublin, and accepted by
Office of Chief Herald of Ireland
Three Further Case Studies 2007
The property consultants
Strutt and Parker held an auction of 'feudal lordships by tenure' at
Ironmongers' Hall in London on 24 May 2007. Most of the titles on offer
were British, but the following Irish ones were included: the Lordship and Feudal Barony of Castle Knock,
County Dublin, the Lordship
and Feudal Barony of Carrigaline, County Cork, and the Lordship and Feudal Barony of Clanwilliam,
County Tipperary (sale catalogue, pages 30-31, 52-54, 64-66).
The guide prices were respectively £27,500, £25,000 and
£27,500.
With
regard to Castleknock, it can be said that there was indeed a feudal
barony of the name held by the Tyrrells until the 14th century
(Ball, History Co Dublin,
6, pages 7-14). Strutt and Parker's catalogue states that the barony
was conferred on Sir Jenico d'Artois in 1402, from whom it descended to
the Prestons, later Viscounts Gormanston, until it was transferred in
1995 to Dr Harry Lockett. Most of the catalogue entry is composed of
genealogical and historical information, and while the 'Gormanston
Archives' are cited, no particular documents are identified. An entry
book of the title deeds of the Preston estates about 1397-98 has been
published, but it contains no reference to the Barony of Castleknock (Calendar of the Gormanston Register,
Dublin 1916). Viscount Gormanston has been an active seller of titles
in recent years, and has relied on the device of a 'statutory
declaration' to the effect that a title exists and was inherited by him
(see the illustrated Carbury declaration). The Castleknock title does
not appear to have been sold at the London auction, and if offered for
sale again, it would be necessary to provide precise citations of
documents proving that it continues to exist and was in the possession
of Viscount Gormanston's family until 1995.
Carrigaline is a town and parish,
which did have a functioning manorial court in the 1830s, the
proprietor being the Earl of Shannon (Lewis, Topographical Dictionary). This
much is accurately stated in the Strutt and Parker catalogue, in the
midst of the usual background information, and concluding with a
general list of sources without page or folio references. What is not
provided is any kind of specific documentary evidence that Carrigaline
had the status of a feudal barony, as opposed to a manor. Although it
is clearly of questionable validity, the so-called Barony of
Carrigaline was sold for £15,000 at the London auction.
No evidence has been found to
show that Clanwilliam, Co Tipperary, was a feudal barony, but it is an
administrative barony, as well as a UK barony among the subsidiary
titles of the Earl of Clanwilliam (Burke's Peerage, 2003 edition). The
Strutt and Parker catalogue once more contains interesting but largely
extraneous background information, claiming that the Barony of
Clanwilliam remained in the possession of the Butlers, Marquesses and
Earls of Ormond, until its sale in 1998 to an unnamed individual. Among
the general sources listed are the 'Butler Archives', with no
reference to specific documents therein. A listing of the medieval
title deeds of the prominent Anglo-Norman Butler family has been
published, but it contains no mention of any feudal Barony of
Clanwilliam (Calendar of Ormond Deeds,
3 volumes, Dublin 1932-35). A single reference to Clanwilliam turns out
to be an editorial interpolation of the administrative barony to
locate the place Lisybylly (volume 1, deed 392, page 153). The alleged
Barony of Clanwilliam fetched £16,000 at the London auction, and
again it would not be unreasonable to suggest that it was
effectively a fiction as presented.
Miscellanea
It is obvious that purveyors of bogus and
questionable feudal titles can manufacture them at a quicker rate than
they can be checked. It would not be possible to devote dozens of
hours to researching each title which appears, so it is necessary to
revert to brief notes. While the remnants of feudal tenure were
abolished by statute in the
Republic of Ireland in 2009 (see above), the sale of feudal titles
relating to places within its territory has continued, for example, an
offer by Manorial Auctioneers of the Barony of Dungarvan, County
Waterford (http://www.msgb.co.uk/Titles.html,
as at 12 February 2010). Although the Barony of Dungarvan was recorded
as having been granted to the Earl of Shrewsbury in 1447 (Lewis's Topographical Dictionary of Ireland,
1, London 1837, page 578), it is doubtful if the title still survives
as any kind of legal entity as opposed to a pseudo-chivalric
accoutrement or vanity acquisition. As of May 2010 it was
reported on rec.heraldry that Manorial Auctioneers were offering for
sale the Barony of Greencastle, County Down, but it has been pointed out that this 'former lordship was not a barony but rather a manor' (http://groups.google.ie/group/rec.heraldry/browse_thread/thread/3ad413fa48d4fcf6?hl=en#).
In November 2011 a Wicklow newspaper reported that the above mentioned
outfit Noble Titles was about to auction the title of 'Royal Baron of
Newcastle', allegedly dating from 1169 and deriving from King Henry II,
but the historian Dr Emmett O'Byrne was quoted to the effect that no
such title existed at that time and that Henry only arrived in Ireland
in 1171 (Bray People, 30 November 2011).
Conclusion
The writer again
points
to the need to
present properly cited evidence in support of Irish and indeed all
other titles offered for sale, with an honest statement of the current
status of such titles in the light of legislation and legal opinion.
There should of course be tighter legal controls on those who sell
titles, which in all cases would oblige them to describe their goods
in accordance with advertising standards and consumer legislation, and
in a few cases legal
proceedings for fraud might be necessary. In the case of those who
insist
on proceeding with the purchase of a noble title, the writer can only
urge them to seek independent expert advice
before parting with their money. There is evidence of a
crackdown on dubious
title brokering in England, in that in 2009 the Solicitors Disciplinary
Tribunal in London found that Roger
Pitts-Tucker 'had been guilty of conduct unbefitting a solicitor
and in breach of his professional obligation', arising from his role in
about thirteen transactions relating to the sale of feudal titles (http://www.lawgazette.co.uk/in-practice/sdt-decisions/roger-pitts-tucker). It
had earlier been reported that the titles in question were sold by
Anthony Boada of British Feudal Investments and included Irish items,
namely, Mount Nagle (see above), Carrowreagh and
Clonakilty (http://business.timesonline.co.uk/tol/business/law/article5187689.ece).
It remains to be seen if any Irish tribunal would take similar action,
and of course one cannot look to the Office of the Chief Herald for
guidance given its own past involvement in title brokering and indeed
doubts over its legal status. In short, there is a vacuum of regulation
in this country which sellers of Irish 'feudal titles' have never been
slow to exploit.
Sean Murphy MA
Centre for Irish Genealogical and Historical Studies
Commenced 21 March 2002, last updated 8 December 2011
Addendum: Another Case Study, the Barony of Duleek
Five years have passed since the writer updated this
webpage, in which time the sale of 'feudal titles' has continued
unabated. As
noted above, it has not been possible to continue to devote many hours
of research to the investigation of individual titles. However,
Manorial Auctioneers included a 'Feudal Barony in Ireland' among its
titles for sale during the Summer of 2016, which a number of
individuals asked the present writer to evaluate. The title in question
is described as the 'Barony of Duleek
(registered in Dublin), Co Meath, Ireland' (http://www.msgb.co.uk/Titles.html,
accessed 17 July 2016). The alleged Duleek title is
mentioned earlier in this article in the context of a previous sale,
and the expression 'registered in Dublin' may indicate that it was
entered in the Registry of Deeds. In this case there is a further
supporting
document purporting to validate the title, in the form of a letter
by Chief Herald of Ireland Donal Begley issued 25 March 1991, and
the following is a copy
with some redactions:
In the first place, it was highly inappropriate for
a state official working within the National Library of Ireland to
write such a letter, signing his name above his title, but with no
letterhead or address and only a FAX number, and concluding with a
request for money payable to himself. The letter issued at a time when
the Office of the
Chief Herald 'had become in effect a brokerage
house for bogus and questionable arms, titles and pedigrees', as
outlined above. Completing a tried and tested rubber-stamping process
again described in the earlier part of this article, Begley, in
his capacity as Chief Herald acting 'by the authority of the Government
of Ireland', also issued in 1994 a grant of arms with supporters to the
then bearer of the 'Medieval Feudal Barony of Duleek'. It is only
fair to point out that the National Library is
no longer associated with such activities.
Herebe my observations on the three points in Begley's above letter of 25 March 1991:
(1) Dowdall Deed number 506, 20 March 1497, does not prove the existence of a 'feudal' barony, but deals with a grant to Christopher Doudall (Dowdall) of lands in Brounstoun in the 'barony of Dolek' (Duleek), the said barony being one of the common Irish administrative divisions so named and not associated in the deed with any title (full citation not given above: Charles McNeill and A J Otway-Ruthven, Editors, Dowdall Deeds, Irish Manuscripts Commission, Dublin 1960, page 210).
(2) Dowdall Deed number 385, 14 June 1414, grants to William de Prestoun (Preston) rents from lands in the Manor of Dyueleke (Duleek) and other manors (McNeill and Otway-Ruthven, Editors, Dowdall Deeds, page 157). While demonstrating the existence of a manor of Duleek in which a member of the Preston family acquired a rental interest, again this source does not prove that the Prestons were owners of a 'feudal barony'. It has not been possible to trace the 'Foster' reference, but 'Cocaigne' (sic) must refer to Cokayne's Complete Peerage, which while placing Christopher Preston, Viscount Gormanston, at a hosting on the Hill of Tara in 1593, makes no mention of his bearing the title 'Baron of Duleek' (vol 6, page 22).
(3) While a bona fide title may continue to exist apart from a demesne or estate ('caput'), again no reliable evidence has been presented to prove the existence of a 'Feudal Barony' of Duleek 'capable of being alientated', that is, traded or sold. It would be fair to say that the above letter employs the familiar sleight of hand of creating a confusion between baronies as mere administrative divisions and baronies as feudal titles.
In short, it is the writer's opinion that the 'Feudal Barony' of Duleek is not a genuine title and he could not advise anyone to purchase it.
Sean Murphy
31 August 2016
Another Addendum on the Alleged Lordship of Rathfolan
So-called 'feudal titles' can be conjured up in a
relatively short time and will sell for a pretty penny, but require
hours of voluntary work to expose. Here I will be as brief as
possible. As to the 'Barony of Duleek' title above, it would appear
that it may yet remain on offer, despite its lack of authenticity. I
have to repeat that the Chief Herald's 1991 letter
validating the Duleek title for a fee was highly inappropriate and
characteristic of state heraldic behaviour in the era of the MacCarthy
Mór affair (see short account).
Manorial Auctioneers of London has now offered for
sale another alleged title, the 'Lordship of Rathfolan', County Clare (http://www.msgb.co.uk/Titles.html).
The sale catalogue (not online) states that the title is being offered
'on the instruction of The O'Brien' but advances no evidence of the
existence of any such lordship. At this stage Google is a massive
repository of references from historical works, but a search there
returns only a single entry for 'Lordship of Rathfolan', being the said
Manorial Auctioneers webpage. There was indeed a castle at Rathfolan,
in the possession first of the MacNamaras and then the O'Briens, but no
recorded lordship (http://www.clarelibrary.ie/eolas/coclare/archaeology/ryan/part4_chapter43_rathfolan_castle.htm).
The Manorial Auctioneers sale catalogue provides
only the following sparse information: 'The Lordship of Rathfolan lies
in the civil parish of Kilnasoolah, meaning Church of the Religious
People'. Actually a better meaning of Kilnasoolah, Gaelic Cill Átha na Súileach, is 'church of the ford of the eye' (https://www.logainm.ie).
Historical padding elsewhere in the catalogue shows evidence of
careless copying from that fount of scholarship, Wikipedia, eg, 'they
cut down the tree of Magh Adhair, which was acred (sic) to the Brians
(sic) as it was the site of their royal inaugurations'. Wikipedia
reads, 'cut down the tree of Magh Adhair, which was sacred to the
Dalcassians as it was used as their site of royal inaugurations' (https://en.wikipedia.org/wiki/O'Brien_dynasty).
It is not known if there is any questionable
heraldic documentation being used to buttress the alleged 'Lordship of
Rathfolan', but again my advice is that it is not a genuine title.
Sean Murphy
3 March 2017