Kenneth Spencer Research Library

In honor of St. Patrick’s Day, this week we are highlighting KU’s participation in Beyond 2022: Ireland’s Virtual Record Treasury. On June 30, 1922, in the midst of the Irish Civil War, the Public Record Office of Ireland (PROI) was destroyed by an explosion and fire at the Four Courts in Dublin.  As the Beyond 2022 website explains, seven centuries’ worth of Ireland’s historical records were lost in this fire.

To overcome this harm to “Ireland’s collective memory,” Beyond 2022 is undertaking an international collaboration to digitize copies of records held across Ireland, Northern Ireland, and beyond in order to launch a “Virtual Record Treasury for Irish history—an open-access, virtual reconstruction of the Record Treasury destroyed in 1922.” One particularly exciting aspect of the initiative is its work with Transkribus to employ HTR (Handwritten Text Recognition) to automate the transcription of manuscript records.

Beyond 2022: Ireland’s Virtual Record Treasury.  A short video about Beyond 2022, explaining the project. Video available at https://beyond2022.ie/?page_id=171#videos. Photo Credits: UCD Archives; National Archives of Ireland; Irish Architectural Archive; NoHo; Trinity College Dublin; ADAPT Centre.

To assist in this ambitious effort, Spencer Research Library is digitizing several manuscripts from its collections that Beyond 2022 has identified as pertinent to its treasury. These manuscripts bearing on Irish history include volumes containing civil and military establishments for late 17^th and early 18^th century Ireland (MSD88, MS B86, and MS A42), a “Galtrim Parish tithe composition book,” Co. Meath, 1825 (MS P403A), and a volume containing “Copies of informations &c taken in Dunfanaghy Petty Sessions district, County Donegal,” 1863-1901 (MS E109).  Such manuscripts are the types of records that might have once been held in the Public Record Office of Ireland (PROI). 

Of these, MS E109 is particularly intriguing. The manuscript volume contains copies of depositions, informations, statements, and declarations of complainants, witnesses, and occasionally defendants taken between 1863 and 1901 in the Dunfanaghy Petty Sessions district of Co. Donegal, a county in the northwest of Ireland bordering the Atlantic ocean. Petty Sessions were “courts held by the justices of the peace to try minor criminal offences summarily—i.e. without a jury.”[i] More serious cases would also be referred to other court proceedings, such as quarter sessions and assizes. (For a brief overview of the legal system in Ireland during the 19^th century, visit the “History of the Law in Ireland” page on the website of The Courts Service of Ireland.)

Manuscripts such as the Dunfanaghy Petty Sessions district copy book can be particularly interesting to historians and genealogists alike because they offer views of the experiences and conditions of individuals for whom other types of written evidence may not exist or survive. For example, a significant number of those providing sworn informations and depositions in the Dunfanaghy copy book are recorded as having signed with their mark—the x or symbol that individuals unable to write would use in place of their signature. Such individuals are unlikely to have left other written documentation of their lives, such as letters or diaries, so their statements (though filtered through the clerk’s transcription) may be all that survives of their voices. Of course, it is worth remembering that a volume like the copy book for the Dunfanaghy Petty Sessions district isn’t necessarily capturing everyday life, but the experiences of individuals—whether complainants/victims, defendants, or witnesses—as their lives intersect with the legal system and crime.

 

Details from the sworn “informations” of James Gallagher (Item 5) and James Lindsay (Item 6) concerning the theft of clothes hanging in their respective gardens in December of 1863. The notations in the copy book suggest that Gallagher (left) signed with his mark, whereas Lindsay (right) used a signature. “Copies of Informations &c taken in Dunfanaghy Petty Sessions district, County Donegal.” Dunfanaghy, copybook, 1863-1901. Call #: MS E109.  Click here to see the full page containing the sworn information of both Gallagher and Lindsay. 

The types of offenses recorded in the copy book include fights, theft (of clothes, of oats, of horses, sheep, and cattle, etc.), unlicensed guns, misappropriation of letters, threats of violence, and resisting the bailiff’s confiscation of a horse, to name a few. Occasionally the volume also contains accounts of more serious and violent crimes, such as assault and battery, murder, and rape. The witness and complainant statements for these matters can be quite harrowing to read. These cases would be referred to the assizes, the courts where the most serious offences (felonies) were addressed.

Several sworn statements offer glimpses into some of the difficult conditions of the lives of women. One example involves the case of Mary McBride, who in the spring of 1871 is accused of the concealment of the birth of a child. The sworn informations associated her case can be challenging to read, not only because of the difficult subject matter, but also because they make reference to no fewer than three Mary McBrides:  1) the woman who gave birth (sometimes referred to as Mary McBride junior); 2) that woman’s mother (Mary McBride senior); and 3) Mary McBride junior’s sister-in-law (Mary McBride, wife to Michael McBride). However, it is worth pushing through the confusion that the shared names might pose since the content of the statements is likely to hold much interest for researchers in the field of women’s history; women, gender, and sexuality studies; and the law.  

Though most of the cases are non-political, a few have a larger political valence. One notable instance relates to William Harkin of Creeslough, who is accused of inciting a meeting (which some witnesses referred to as a Land League meeting) to violence. The Land League was political agrarian organization that campaigned against landlordism and its more predatory practices, seeking rights for farmer tenants, such as fair rents, rights to sale of occupancy, and security of tenure. The date of the incident recorded in the Dunfanaghy copy book, July 11, 1881, falls during a period of heightened agrarian agitation referred to as the Land War, and indeed, later that year, the Land League would be suppressed and several of its national leaders, including Michael Davitt and Charles Stewart Parnell, jailed. The Dunfanaghy copy book contains witness statements of three members of the Royal Irish Constabulary against Harkin.  Constable Joseph Lougheed’s brief deposition reports, “In [Harkin’s] address or in the concluding words of it, he said ‘have no mercy on Landlords. Kill them, send them out of the country into Boersland.[’],” although he also notes, “When the word kill was used some voices in the meeting said, ‘no-no.’” News of the charges against Harkin reached as far as New South Wales, where Sydney’s The Freeman’s Journal reported on it a month and a half later as part of a section on the Land War, under the heading “A Land League Secretary Charged With Inciting to Murder.”[ii] The depositions surrounding Harkin’s case may appeal to students and scholars studying Irish nationalism, reform movements, and agricultural history alike.

In the coming months, the five selected manuscripts will be made available online through Beyond 2022’s Treasury and in KU Libraries’ own digital collections, enabling researchers around the world to make new investigations into Irish history. On this St. Patrick’s Day, following a full year during which so many of our activities have migrated online in response to the Covid-19 pandemic, it’s exciting to think that students, scholars, and members of the public will soon be able to read (and make discoveries with) several of Spencer’s Irish manuscripts from wherever they can access a computer.  

Elspeth Healey
Special Collections Librarian

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[i] Mulholland, Maureen. “Petty sessions,” in The Oxford Companion to British History. Oxford University Press, 2015. https://www.oxfordreference.com/view/10.1093/acref/9780199677832.001.0001/acref-9780199677832-e-3360.

[ii] “A Land League Secretary Charged With Inciting to Murder,” The Freeman’s Journal (Sydney, NSW). Vol. XXXII, No. 1958 (17 September 1881): 7. https://trove.nla.gov.au/newspaper/page/12664516.

When I am asked about my favorite item in the Spencer collection, in addition to praising the glorious Vosper Book of Hours, I always mention a much more humble item, the Campront family cartulary, known by its call number, MS D47. A cartulary is a collection of charters, especially a book holding copies of the charters and title deeds of an estate.

First page of the Campront family papers,
La Manche, 1268-1438. Transcript of legal instruments. France,
copied after 1438. Call Number: MS D47. Click image to enlarge.

This small (23 x 16 cm), rather worn, manuscript contains copies of thirty-nine legal documents related to the Campront family of Normandy, France. Most date from the tumultuous years of the Hundred Years’ War (1337-1453), a series of conflicts between the rulers of England and France – with their allies – for control of the latter kingdom, the largest in Western Europe at the time. Land transactions, marriage settlements, and documents detailing contested claims were copied in a clear, functional hand. This was a volume designed not for show, but for its content, or, as we would say now, its “informational value.”

Selected page from the Campront family cartulary. Call Number: MS D47. Click image to enlarge.

I encountered this document as a student at KU. I was thrilled to be able to work with an original manuscript and, although deciphering the old French was a challenge, I excitedly pored over each page, transcribing nearly the entire volume by hand in the days before laptop computers were widespread. I relied heavily on the preliminary work done by the late Ann Hyde, whose exhaustive description was just one example of the legacy she left behind to the Spencer Library. I learned quickly that while I could discover much about the family from this source, it was never intended to be a comprehensive document about the family’s affairs, and I was left wanting to know more about the generations of people mentioned in its pages.

Flash forward many years: I had deposited an electronic copy of my master’s thesis in the open access repository at The Ohio State University, where I then worked. (It’s also available at KU’s ScholarWorks, as is the preliminary research that formed my senior thesis.) Through the magic of Google, the current owner of the property in Normandy where the Campront family lived for hundreds of years came across my research while searching for information about his home. The historical documentation I had uncovered was personally exciting to him and, like many people, he wondered how the document ended up in Lawrence, Kansas. This gave me a chance to explain Kenneth Spencer Library and its amazing collections of early manuscripts, preserved here and made available to both amateur and professional scholars.

Selected page from the Campront family cartulary.
Call Number: MS D47. Click image to enlarge.

The estate owner placed a copy of a translation of my work into the official archives of La Manche in Lower Normandy, thereby physically and linguistically extending the reach of my work even further. Finally, he offered to host me at this amazing property, parts of which appear not to have changed much from the sixteenth century, should I ever have the chance to visit.

For me, this one humble, centuries-old document, is not only a major signpost along my journey to becoming a librarian. It also captures so richly the power of the written word and the connections we make as human beings.

Beth M. Whittaker
Assistant Dean for Distinctive Collections
Director of Spencer Research Library

Anyone who has ever tried to read the fine print on a lease or an online click-through user agreement knows that contracts can at times be rather stultifying documents. Even in the early modern period, contracts used formulaic language that could be dry and impenetrable enough to put off all but the most dedicated reader. However the physical formats of these documents can be quite fascinating, especially to modern eyes.

An indenture is a legal contract between two or more parties which reflects an obligation or covenant between those parties. Common types of indentures include leases, bonds, apprenticeship agreements, and marriage agreements, to name a few.

Lease indenture between John Kaye of Denby Grange and lessee John North of Bankend for land in Almondbury in Yorkshire, 1639.  Kaye Family Estate Papers. Call Number: MS 240B: 111. Click image to enlarge.

The term “indenture” originally referred to the physical form of this contract. As a security and authentication measure, two or more copies of the deed would be written on the same piece of parchment (animal skin), usually head to head (i.e. with top of one copy facing the top of the other) and then the parchment would be cut in two in a wavy or zigzag pattern to produce the two copies of the contract. The authenticity of the indenture could then be validated by reuniting and matching its edges to those of its “counterpart.”

Indenture and counterpart matched along their scalloped edges. Lease between John Kaye, of Denby Grange and lessee John North of Bankend for land in Almondbury in Yorkshire, 1639. Kaye Family Estate Papers. Call Number: MS 240B: 110-111. Click image to enlarge.

In later years, it was not uncommon to see printed indentures–essentially “forms” in which the formulaic parts are printed and the particulars were added in manuscript.  Spencer’s English Historical Documents collection includes many printed apprenticeship indentures from the 19th century.  It is fascinating to see how the printed forms (still on parchment, mind you!) can be tailored to cover the specific details of a given agreement.  A common stipulation of such agreements was that the apprentice agree not to partake in a variety of activities that might negatively impact his Master or divert the apprentice’s attentions (“he shall not play at Cards, Dice, Tables, or any other unlawful Games…” nor “haunt Taverns or Playhouses, nor absent himself from his said Master’s Service Day or Night”).  In the case of the apprenticeship indenture of young Thomas Inkpen (who, based on his name, clearly missed his calling as a scrivener) to the tailor Dennis O’Leary (below), we can see that the prohibition against fornication or marriage has been struck out, leaving him free to marry during his seven-year term of apprenticeship. Indeed, this stipulation may have been omitted because Inkpen was already married or engaged. (It’s also interesting to note that Inkpen signs his own name, but O’Leary, the tailor to whom he will be apprenticed, signs only with his “mark.”)

Apprenticeship indenture of Thomas Inkpen to tailor Dennis O’Leary. February 28, 1821. English Historical Documents Collection. Call Number: MS 239:3818.  Click images to enlarge.

Female apprentices might also occasion the alteration of the printed part of the indenture, which most often assumed a male apprentice.  In the 1834 indenture of eleven year-old Rebecca Dale to  Richard Gray, a Tambour worker and Dressmaker, male pronouns on the printed part of the form have been crossed-out and replaced with female ones.

He to She and His to Her: Apprenticeship indenture for Rebecca Dale to Richard Gray, Tambour worker and Dress maker . December 13, 1834. English Historical Documents. Call Number: MS 239:3823. Click images to enlarge.

 Female apprentices soon became common enough that some printers left blanks on their forms to allow for the possibility.  Though the following 1842 indenture is for a boy, William Hicks, to be apprenticed to John Weekes, a Tinman, Coppersmith, and Brazier, the blanks permit it to accommodate a female apprentice with equal ease and even allow for a “Mistress” rather than a “Master.”

Fill in the blank: M(aster) or M(istress)? Indenture for William Hicks, Jr. to be apprenticed to John Weekes, Tinman, Coppersmith, and Brazier. November 28, 1842. English Historical Documents Collection. Call Number: MS 239: 3787.

Spencer’s English Historical Documents collection, comprising over 7000 English deeds and manorial, estate, probate and family documents dating roughly from 1200 to 1900, offers a rich resource for investigating the changing face of the indenture.  It also offers insight into two prominent English families, the Kayes of Yorkshire, and the North Family, whose illustrious members include Frederick North, Prime Minister of Great Britain during the American War of Independence.   An online finding aid is currently in progress, but in the interim we encourage interested researchers to contact us with their queries.

Elspeth Healey
Special Collections Librarian
[With special thanks to Mary Ann Baker, processing archivist for the English Historical Documents collection, for locating and identifying the counterparts referred to in this post.]

In honor of Presidents’ Day (and the upcoming Academy Awards with a certain Lincoln movie in the lead with twelve nominations), we highlight this Presidential pardon signed by Abraham Lincoln on November 25, 1864.

He pardoned one Gordon Lafitte, alias Gibson, for “making counterfeit coin.” Mr. Lafitte had served 4/5ths of his 5 year sentence and was pardoned for good behavior while behind bars.

 

Pardon for Gordon Lafitte. Signed by Abraham Lincoln and William H. Seward. November 25, 1864.
Call number: MS Q2:1. Click images to enlarge.

Whitney Baker
Head, Conservation Services