James Cornwalsh (died 1441) was an Irish judge who held the office of
Chief Baron of the Irish Exchequer
The Chief Baron of the Irish Exchequer was the Baron ( judge) who presided over the Court of Exchequer (Ireland). The Irish Court of Exchequer was a mirror of the equivalent court in England and was one of the four courts which sat in the build ...
. He was a political figure of considerable importance in fifteenth-century Ireland, and a supporter of the Lord Lieutenant of Ireland,
James Butler, 4th Earl of Ormond
James Butler, 4th Earl of Ormond (23 May 1393 – 23 August 1452) was the son of James Butler, 3rd Earl of Ormond. He was called 'The White Earl', and was esteemed for his learning. He was the patron of the Irish literary work, 'The Book of the ...
.
[Beresford, David "Cornwalsh, James ''Cambridge Dictionary of Irish Biography'' 2009] He was murdered as a result of a
feud
A feud , referred to in more extreme cases as a blood feud, vendetta, faida, clan war, gang war, or private war, is a long-running argument or fight, often between social groups of people, especially families or clans. Feuds begin because one pa ...
over the possession of
Baggotrath Castle, near
Dublin
Dublin (; , or ) is the capital and largest city of Ireland. On a bay at the mouth of the River Liffey, it is in the province of Leinster, bordered on the south by the Dublin Mountains, a part of the Wicklow Mountains range. At the 2016 ...
.
[Smith, J. Huband "The Castle and Manor of Baggotrath" (1856) ''Proceedings of the Royal Irish Academy (1836-1869)'' Vol.6 p.306]
Family
He was born in Ireland, the son of William Cornwalsh: as their name suggests, the Cornwalsh family had come to Ireland from
Cornwall
Cornwall (; kw, Kernow ) is a historic county and ceremonial county in South West England. It is recognised as one of the Celtic nations, and is the homeland of the Cornish people. Cornwall is bordered to the north and west by the Atlan ...
in the fourteenth century.
[Otway-Ruthven, A.J. ''History of Mediaeval Ireland'' Barnes and Noble 1993 p.115] The name has several alternative spellings, such as Cornwalysch and Cornwallis. He was probably descended from Sir John de Cornwall or Cornwaille, Constable of
Carlow
Carlow ( ; ) is the county town of County Carlow, in the south-east of Ireland, from Dublin. At the 2016 census, it had a combined urban and rural population of 24,272.
The River Barrow flows through the town and forms the historic bounda ...
Castle in the time of
Edward III
Edward III (13 November 1312 – 21 June 1377), also known as Edward of Windsor before his accession, was King of England and Lord of Ireland from January 1327 until his death in 1377. He is noted for his military success and for restoring r ...
. In 1358 he petitioned the Crown for redress, on the ground that his castle of Kylebelle (now vanished, it is thought to have been near
Leighlinbridge
Leighlinbridge (; ) is a small town on the River Barrow in County Carlow, Ireland. The N9 National primary route once passed through the village, which was by-passed in the 1980s. It now lies on the R705 regional road.
It covers the townlan ...
), had been burned by the Irish of
Leinster
Leinster ( ; ga, Laighin or ) is one of the provinces of Ireland, situated in the southeast and east of Ireland. The province comprises the ancient Kingdoms of Meath, Leinster and Osraige. Following the 12th-century Norman invasion of Ir ...
. He was granted £40 for repairs.
[''Close Roll 32 Edward III''] John le Cornwaleys of Dublin was described as an attorney in 1310. A William Cornwall of Dublin, possibly a brother of James, was living in 1423. and in the same year, he was awarded 20 marks by the Crown for his labours "on the King's business" in
Leinster
Leinster ( ; ga, Laighin or ) is one of the provinces of Ireland, situated in the southeast and east of Ireland. The province comprises the ancient Kingdoms of Meath, Leinster and Osraige. Following the 12th-century Norman invasion of Ir ...
and
Munster. In 1423 he was granted a two-third share of the manor of
Rathfarnham
Rathfarnham () is a Southside suburb of Dublin, Ireland. It is south of Terenure, east of Templeogue, and is in the postal districts of Dublin 14 and 16. It is within the administrative areas of both Dún Laoghaire–Rathdown County Counc ...
in south Dublin (Rathfarnham Castle was not yet built).
[''Patent Roll 2 Henry VI'' ] In 1426 he was granted the manor of
Crumlin, Dublin
Crumlin () is a Southside suburb of Dublin, Ireland. Formerly a rural area, it became heavily built up from the early 20th century onwards. Crumlin is the site of Ireland's largest children's hospital, Our Lady's Children's Hospital.
Location ...
for eight years.
[
In 1434 he was placed on a high-powered judicial commission, whose members included his fellow Chief Justice, John Blakeney of the ]Common Pleas
A court of common pleas is a common kind of court structure found in various common law jurisdictions. The form originated with the Court of Common Pleas at Westminster, which was created to permit individuals to press civil grievances against one ...
and his junior Baron, Reginald de Snyterby, to inquire into all suspected cases of treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
in Dublin and the Pale
The Pale ( Irish: ''An Pháil'') or the English Pale (' or ') was the part of Ireland directly under the control of the English government in the Late Middle Ages. It had been reduced by the late 15th century to an area along the east coast s ...
.[''Patent Roll 13 Henry VI''] The same judges had sat on previous commissions, notably in 1426/7, when they tried a charge of felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that res ...
against the Bishop of Meath
The Bishop of Meath is an episcopal title which takes its name after the ancient Kingdom of Meath. In the Roman Catholic Church it remains as a separate title, but in the Church of Ireland it has been united with another bishopric.
History
Unt ...
, Edward Dantsey, who was accused of stealing a chalice
A chalice (from Latin 'mug', borrowed from Ancient Greek () 'cup') or goblet is a footed cup intended to hold a drink. In religious practice, a chalice is often used for drinking during a ceremony or may carry a certain symbolic meaning.
R ...
from a Church
Church may refer to:
Religion
* Church (building), a building for Christian religious activities
* Church (congregation), a local congregation of a Christian denomination
* Church service, a formalized period of Christian communal worship
* Ch ...
in "Taveragh" (probably Tara). The Bishop vigorously maintained his innocence
Innocence is a lack of guilt, with respect to any kind of crime, or wrongdoing. In a legal context, innocence is to the lack of legal guilt of an individual, with respect to a crime. In other contexts, it is a lack of experience.
In relatio ...
and was acquitted
In common law jurisdictions, an acquittal certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the ...
, after the case was removed to the Irish Parliament. One John Penthony later confessed to the theft
Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word ''theft'' is also used as a synonym or informal shorthand term for so ...
, and received absolution
Absolution is a traditional theological term for the forgiveness imparted by ordained Christian priests and experienced by Christian penitents. It is a universal feature of the historic churches of Christendom, although the theology and the pr ...
for his sins.
In 1420, when his predecessor as Chief Baron James Fitzwilliam
James Fitzwilliam (died 1420) was an Irish landowner and judge who held the office of Chief Baron of the Irish Exchequer. He was the ancestor of the prominent Dublin landowning family which acquired the titles Viscount FitzWilliam and Earl of T ...
died, Cornwalsh was appointed guardian to Fitzwilliam's young son, Phillip; in hindsight, this was an ironic choice in light of his later murderous feud with Phillip's family.
Death
Baggotrath Castle, built by Sir Robert Bagod
Sir Robert Bagod (died 1299) was an Irish judge who was appointed the first Chief Justice of the Irish Common Pleas in 1276. He built Baggotrath Castle, which was the strongest fortress in Dublin: it was located on present-day Baggot Street in c ...
in about 1280, was bought by Sir Edward Perrers in about 1403. Perrers was an English-born military commander and an influential statesman, who acted as Deputy to the Lord Lieutenant of Ireland
Lord Lieutenant of Ireland (), or more formally Lieutenant General and General Governor of Ireland, was the title of the chief governor of Ireland from the Williamite Wars of 1690 until the Partition of Ireland in 1922. This spanned the King ...
, and was a close associate of James Butler, 3rd Earl of Ormond
James Butler, 3rd Earl of Ormond (c. 1359 – 7 September 1405), was a noble in the Peerage of Ireland. He acceded to the title in 1382, and built Gowran Castle three years later in 1385 close to the centre of Gowran, making it his usual residenc ...
. He owned substantial lands in County Meath and Newcastle, County Wicklow
Newcastle () is a village in County Wicklow, Ireland. It is situated on the R761 and is about south of Dublin city. Newcastle had a population of 924 at the 2016 census. The ancient barony of Newcastle, which surrounds the village, takes its ...
, as well as Baggotrath. He died sometime after 1424. After their only son's death in 1428, possession of Baggotrath Castle and her husband's other lands passed to Sir Edward's widow Joanna.[''Close Roll 22 Henry VI''] Under her will, made in 1440, she appointed Cornwalsh her executor
An executor is someone who is responsible for executing, or following through on, an assigned task or duty. The feminine form, executrix, may sometimes be used.
Overview
An executor is a legal term referring to a person named by the maker of a ...
, along with her chaplain Nicholas Furlong.[ She died at year's end 1440, and Cornwalsh entered into possession of the castle.][ The Crown paid him a debt of £10 charged on lands at ]Leixlip
Leixlip ( or ; , IPA: �lʲeːmʲənˠˈwɾˠad̪ˠaːnʲ is a town in north-east County Kildare, Ireland. Its location on the confluence of the River Liffey and the Rye Water has marked it as a frontier town historically: on the border betwe ...
and Chapelizod
Chapelizod () is a village preserved within the city of Dublin, Ireland. It lies in the wooded valley of the River Liffey, near the Strawberry Beds and the Phoenix Park. The village is associated with Iseult of Ireland and the location of Iseul ...
, which had been owing to Lady Perrers at the time of her death.[
His occupation of Baggotrath was deeply resented by Sir Edward Perrers' daughter Ismaye and her husband William Fitzwilliam (a cousin of Cornwalsh's former ]ward
Ward may refer to:
Division or unit
* Hospital ward, a hospital division, floor, or room set aside for a particular class or group of patients, for example the psychiatric ward
* Prison ward, a division of a penal institution such as a priso ...
Phillip FitzWilliam). The Fitzwilliam family for centuries were the principal landowners in Dundrum and adjoining parts of Dublin, and constantly sought to expand their holdings. On 28 September 1441, when Cornwalsh had come up to Baggotrath to hold the Michaelmas
Michaelmas ( ; also known as the Feast of Saints Michael, Gabriel, and Raphael, the Feast of the Archangels, or the Feast of Saint Michael and All Angels) is a Christian festival observed in some Western liturgical calendars on 29 September, a ...
assizes
The courts of assize, or assizes (), were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes ...
Fitzwilliam, according to the subsequent charges, assembled a large military force, seized the castle and murdered the Chief Baron, who was at supper with some members of his household, seemingly unaware of any danger.[Ball, F. Elrington ''History of Dublin'' 6 Volumes Alexander Thom and Co. 1902-1920 Vol.2 pp.44-5]
Aftermath
Given the gravity of the crime and the social prominence of the victim, it is surprising that Fitzwilliam and Ismaye were soon pardoned for killing Cornwalsh, and were even allowed to retain possession of Baggotrath Castle in the short term. Elrington Ball speculated that the Crown was not satisfied as to their guilt (although public opinion at the time was clear that FitzWilliam "wickedly slew Cornwalsh")[Smith 1856 p.396] or possibly Cornwalsh's actions were seen as sufficient provocation for the crime. It was in any case quite easy to get a royal pardon
In the English and British tradition, the royal prerogative of mercy is one of the historic royal prerogatives of the British monarch, by which they can grant pardons (informally known as a royal pardon) to convicted persons. The royal prerog ...
from Henry VI, even for crimes as notorious as the 1455 murder of the Devon
Devon ( , historically known as Devonshire , ) is a ceremonial and non-metropolitan county in South West England. The most populous settlement in Devon is the city of Plymouth, followed by Devon's county town, the city of Exeter. Devon is ...
shire lawyer Nicholas Radford by Thomas Courtenay, 6th Earl of Devon, which gravely shocked English public opinion.[Ross, Charles ''Edward IV'' Eyre Methuen Ltd. 1974 p.390]
Elrington Ball drew the inference that "violence is indigenous to the Irish soil".[Ball 1926 Vol.1 p.100] There is no doubt that murder and other violent crimes were all too common in fifteenth-century Ireland, even among the ruling class: Cornwalsh's son and heir John later married Matilda, widow of Thomas Hussey, 5th Baron Galtrim, who was reputedly murdered on his own wedding
A wedding is a ceremony where two people are united in marriage. Wedding traditions and customs vary greatly between cultures, ethnic groups, religions, countries, and social classes. Most wedding ceremonies involve an exchange of marriage ...
day, an episode which inspired the nineteenth-century ballad
A ballad is a form of verse, often a narrative set to music. Ballads derive from the medieval French ''chanson balladée'' or '' ballade'', which were originally "dance songs". Ballads were particularly characteristic of the popular poetry and ...
"The Bride of Malahide". On the other hand, given the number of equally heinous crimes in England, such as the Radford killing, it is perhaps fairer to conclude that there was a serious breakdown of law and order in both kingdoms, which greatly weakened the authority of the Crown.[
It is unclear if William and Ismaye gained anything from the crime. An inquisition of 1448 found that Ismaye was not the heiress to the Perrers estate, which should rightfully pass to the next male heir, John Hall of ]Southwark
Southwark ( ) is a district of Central London situated on the south bank of the River Thames, forming the north-western part of the wider modern London Borough of Southwark. The district, which is the oldest part of South London, developed ...
. William outlived Ismaye and remarried: he was dead by 1453, when his widow Joan received the King's licence required for her own remarriage.[''Patent Roll 31 Henry VI'' ] His son and heir Thomas was still a minor when his mother remarried.[
]
References
{{DEFAULTSORT:Cornwalsh, James
1441 deaths
Irish murder victims
People from County Meath
Cornish families
15th-century Irish people
Year of birth unknown
Chief Barons of the Irish Exchequer