The Law of the Innocents, Birr 697 AD. By Jim Houlihan

           In a time of war in eastern Europe and the coming to an end of the Decade of Centenaries period in Ireland, 1912–23 with the cessation of the civil war, here we today publish the second of two blogs on the protection of innocent people in times of strife. The article is by Jim Houlihan and on Monday 25 Sept. Dr Houlihan will give a lecture on Adomnán’s Law of the Innocents-Birr 697 AD. at Offaly History Centre, Bury Quay, Tullamore (and online) at 8 p.m. More details of his talk and online booking for Zoom see our FB post @offalyhistory. Our thanks to John Dolan for the first article and to Jim Houlihan for this article and his forthcoming talk.

Early in the summer of the year 697, probably in May, a great assembly of kings, bishops and abbots, along with their followers and servants, took place in Birr. It was a joint meeting of kings (rígdál) and of church leaders (synod). They came together to proclaim a law for the protection of women, children, clerics and other people who did not bear arms, in times of conflict. The law was called Cáin Adomnáin or the ‘Law of the Innocents’ (Lex Innocentium) and later referred to in a poem as the ‘Great Law of Bir

The shooting of Jack Finlay of D.E. Williams, Tullamore, in a robbery at Lemanaghan, Ballycumber, County Offaly on 12 February 1923. By Jackie Finlay. A contribution to the Decade of Centenaries

My story starts as a small boy growing up in Dillon Street, Tullamore in the 1940s. I remember seeing a cutting from a newspaper which I presumed was from a Tipperary weekly paper. The article covered a report of a feis and sports held in a field at the Golden Vale Hotel in Dundrum Co. Tipperary. It mentioned about the Misses Crummy from Ballydine taking part in the Irish dancing. A small report on the opposite side of the cutting was headed

Shooting near Birr.  Charged at Birr with conspiring in 1923 to kill and killing John Finlay, Tullamore.  Chas and Peter Molloy and Michael Coyne were sent for trial.

What is so unusual about this paper cutting from 1923?

My mother, one of the Misses Crummy mentioned in the article, was now working in Tullamore for T. English & Co. She met and married my father Thomas, brother of John Finlay some ten years later.

The District Court in Offaly is 100 years old, January 2023. A contribution from Offaly History to the Decade of Centenaries.

The commencement of the new District Court in Offaly in January 1923 was an inauspicious time to start. The county was caught up in the civil war that it seemed neither side could win. The Free State (National Army) had taken all the cities by August 1922, but the fight was still going on in the hills, especially in the south. Neither Tullamore nor Birr was free of anxiety with shots fired on New Year’s Eve to remind people that the Republicans had not gone away. How could they forget? In January 1923 two men from Kilkenny were executed for possession of arms and robbery. Soon after five National soldiers captured with a body of anti-Government forces were executed –  a courtmartial having found them guilty of treachery. Five from County Offaly were executed in January and early February. In the same month there had been an attack at Raheen in north Offaly  – an ambush while soldiers were going to mass with at least one dead. Some of the neutral IRA were talking about ending the conflict and the press reported that Peadar Bracken ex Brigade officer, Thomas Ua Quinn ex Vice Commdt, and Martin Fleming, ex Brigade staff officer, had called a meeting of pre-truce ex officers of nos 1 and 2 Offaly Brigades IRA at the old Sinn Féin hall regarding the peace movement. Peadar Bracken would know the place well as he was involved in the ‘affray’ in 1916 where ‘the first shot was fired’ in that very hall in William/Columcille street, Tullamore.

Building Offaly’s courthouses and prisons in the eighteenth and nineteenth centuries.

Dr Richard Butler will showcase the building of Offaly’s courthouses and prisons in the years between roughly 1750 and 1850 in a lecture at Offaly History Centre, Bury Quay, Tullamore and via Zoom on Tuesday 12 July 2022. The presentation will place individual buildings in Tullamore, Birr, Daingean and elsewhere in the context of changing political and social events throughout Ireland in these years, highlighting local agendas alongside those of the British administration in Ireland. Illustrated with historic architectural drawings, old and new photographs, the lecture will also highlight schemes that were never built as it traces the ways in which the appearance of Offaly’s towns was transformed in these years by new public architecture. The lecture will incorporate new research on Offaly’s history undertaken in recent years by historians based in the county such as Michael Byrne alongside volumes such as Andrew Tierney’s new Buildings of Ireland guide for Central Leinster and the speaker’s recently published book, Building the Irish Courthouse and Prison: A Political History (Cork University Press, 2020).

The Courts of Assize in Offaly and the ceremonial display of British power in Ireland before 1922. By Michael Byrne

The memorial to the Offaly Volunteers who fought in the War of Independence was unveiled on the lawn of the county courthouse, Tullamore in 1953. It was Peadar Bracken (1887–1961) former OC Offaly Brigade and from 1922-3 the Tullamore district court clerk who ensured that the IRA Volunteer monument was placed on the lawn of the courthouse. Besides, a site in O’Connor Square was not an option from 1926 when the war memorial was completed. Given that it was principally to the Tullamore courthouse that the feared judges of the assizes would arrive it has strong symbolism. The Volunteer monument was completed in 1939 but not unveiled until 1953 due to the difference between the Free Staters (National Army) and the Republicans.

Memorial to members of the Old IRA at the county courthouse, Tullamore

As noted in an earlier article in Offalyhistoryblog the last of the assizes was held in July 1921 with Judge Wiley presiding and a large force of military to protect him as the symbol of the British state. Now with the marking the 100th anniversary of the Treaty and the departure of Crown forces from Ireland it seems appropriate to look again at the twice-annual display of British power in the assize towns of Ireland.

Judge John Neilan, late judge of the district Court, no 9: a journalist recalls. By Declan McSweeney

The recent death in Roscommon of Judge John Neilan, at the age of 76, evoked many memories for me, of years covering his court cases for the now-closed Offaly Express (the print version).

While I joined the staff in 1988, I didn’t start covering courts on a regular basis until after the retirement of the late Eddie Rogers in January 1995. Eddie was legendary for his understanding of the judicial system over many decades.

On average, coverage of courts took up about 40% of the working week, with one day spent in court, and another checking records with the always helpful court staff, and then writing it up. Some weeks it could be even more, with special sittings being held to clear a backlog of cases.

Judge Aidan O’Donnell was the district court judge in my early days reporting, following Judge Connellan if I recall correctly, but Judge Neilan later took over. He covered a large court district, including Mullingar as well as Tullamore.

Grand Juries in Ireland: the politics of power in the counties. By Michael Byrne

The county grand jury system will be the subject of much focus from mid-2022 with the uploading of links to the county archives records throughout Ireland by way of the Beyond 2022:Virtual Record Treasury Project. The first thing to say is that a useful and well-illustrated booklet People, Place and Power: the grand jury system in Ireland (Brian Gurrin with David Brown, Peter Crooks and Ciarán Wallace, online 2021) can now be downloaded from the Beyond 2022 website as well as useful material from the county archives in Offaly, Wicklow and Donegal. Furthermore, Brian Gurrin has published online an interim listing of the records held in each county. The scope of the records is well illustrated and draws on more detailed catalogues for counties such as Offaly and Donegal where listings are available on the online catalogues from the county archives. For more on Offaly material see the blog and presentation by Lisa Shortall now on YouTube and as a video on the Offaly History Decade of Centenaries platform on http://www.offalyhistory.com.

In summary the access position to these records will be revolutionised within the year and will greatly facilitate family historians, those interested in the workings of local government and how local elites interacted. What elite families provided the power brokers and controlled local patronage? All were men, most were landowners, representative of the county families, and, of course, most were Protestant from the early 1700s and the enactment of the Penal Laws. It was not until the Catholic Relief Act of 1793 that Catholics were admitted, and being a select club were scarce until the 1830s.

Babies, Beggars and Belligerents: A Case Study of Unidentified Death Records in Co. Donegal, 1870-1950. By Megan McAuley, the Offaly History/P. and H. Egan scholarship winner for 2021-2023 at Maynooth University

William Dudley Wordsworth accurately noted in his 1876 study of the Dublin Foundling Hospital that: ‘dead children, like drowned sailors, tell no tales’. The same can be said in the context of this analysis of Civil Death Records in County Donegal where unidentified (those registered as deceased without a known forename or surname) infant deaths occurred in their hundreds. This study was inspired by an article in Irish Historical Studies called ‘Registered ‘Unknown’ Infant Fatalities in Ireland, 1916-32: Gender and Power’ by O’Halpin and Breathnach, where the evidence suggests that many unidentified infant fatalities were homicides that occurred as a result of deliberate action, or inaction, i.e., infanticide. This is also true in the case of Donegal from 1870-1950, as the vast majority of unidentified death records belonged to infants, many of whom unfortunately died in suspicious circumstances. Wordsworth’s ‘drowned sailors’ too make an appearance in this set of records and can illuminate local communities’ experiences of Irish neutrality during the Emergency. Unidentified death records also shed light on another marginal group of society: mendicants. This cohort would have been familiar faces to many on the streets of Donegal, but utterly nameless to most, especially when they died. Similar studies could, and should, be undertaken in other counties, such as County Offaly, to further illuminate the ‘unknown’, marginalised or the forgotten in Irish society.

In January 1864 it became obligatory to register all births, marriages, and deaths with the local authorities. Not all deaths, natural and unnatural, however, came to official notice, as popular understanding of the law pertaining to Civil Registration was poor. It can be assumed that the deaths of many people of all ages remained unregistered, particularly in rural areas, for some time after the law was passed. Registrations were collated according to Superintendent Registrar’s Districts. 350 unidentified deaths were recorded in total in the districts of Ballyshannon, Donegal, Dunfanaghy, Glenties, Inishowen, Letterkenny, Londonderry, Milford, Strabane, Stranorlar and Castlederg. Of the death records, 196 were infants and 104 were adults. The remaining 84 death records could not be identified by age. Of the 196 infants, 162 were regarded as suspicious, such that an inquest was held by the local Coroner.

The illegitimate status of a child was a common motivation for infanticide in nineteenth and twentieth Ireland, due to the societal stigma associated with pregnancy and childbirth out of wedlock (for further reading, see Rattigan and Farrell). Pursual of this crime through the courts could only occur, however, if the infant was identified and a suspect detained through police enquiry. This leads the historian to probe a number of questions regarding the Donegal case: How many infant bodies were never recovered, particularly due to quick decomposition, from the rural landscape? Of those that were, how many new-borns were never identified and thus the perpetrator escaped a court trial? It is important, however, not to lay all of the blame on women who committed infant murder. They too were victims of a patriarchal society which valued familial landholding over the life of an apparently illegitimate child.

Skeletal remains by the roadside in County Offaly. By Stephen Callaghan

Imagine passing construction work on the street or in the countryside, what might you expect to come across or see? Perhaps old masonry, historic detritus or nothing at all?! How about a skeleton? Throughout the nineteenth and twentieth century it was not too unusual to come across human remains during construction work or in sand pits owing to the historic nature of an area. This blog post looks at some of the human remains uncovered around Offaly over the past 200 years which were reported in local newspapers.

In August 1860 a party of soldiers found the skeleton of fully grown man while digging earth works in the Fourteen Acres, adjacent to Birr Barracks. The skeleton was found three feet underground. There was no trace of a coffin or clothing. Despite no signs of trauma to the remains it was assumed at the time that the remains belonged to a murdered man. The burial almost certainly pre dates the barracks (1809-1812) and it would not be surprising if it had been there a great deal longer.

The Great Famine in Shinrone & South Offaly. Ciarán Reilly

A document in the National Library of Ireland sheds important light on the fate of the inhabitants of a part of county Offaly during the years of the Great Famine. Here the names and circumstances of almost 500 people in the village of Shinrone and its hinterland are included on a register for relief, which was provided during the summer and autumn of 1846. Among the names may well be an ancestor of Barack Obama, 44^th President of the United States of America. While Obama’s Irish heritage has been well documented in the past, not least during his visit to Ireland in 2011, few descriptions survive of how the Great Famine directly impacted the Kearney families and their community. It is hoped that this document will be transcribed and made available in Offaly Heritage in the near future.