Governor Bourke Proclaimation

http://www.foundingdocs.gov.au/scan.asp?sID=287

Edward (Ted ) Roche Tinamba

I have to check the lineage of all the Australian side and I have most of it, but if anyone is going through the site and can add to it please do.

Australian side of the Two Brothers

I shall be over the next couple of weeks be working on the Australian side of the Roche family. Remember that Maria Theresa and Edward B Roche had two sons. John Bourke Roche went to Greymouth New Zealand and James Edward Tweedie Roche stayed in Victoria.

Photos of the past

Zelda Longley as a baby and Zelda as a Bride and husband Noel Longley. Older photo is of Emma Roche nee: Gibbs from Hallgreen in Birmingham, wife of John Bourke Roche on left then Myrtle Leahy, Sylvia Stark and Nanna Nelson nee: Roche

Land deeds in Ireland and Melbourne

Just as a note: there is probably quite a number of the land titles relating to Edward in Ireland.
There is also land that Maria purchased in Collingwood in 1840 I think it is and later sells.
for those interested no search can be complete without a visit to your local Lands Titles office or PRO office. so always check there. we accidentally came across a huge amount of original land deeds and other papers through this method.
The family of James Tweedie Roche i shall try and get up this coming weekend, and hopefully one or two of them will see it and pass around to their immediate families, and hopefully someone will have some more information.

Documentary Evidence

Documentary evidence exists for the period 1834 to 1837/38 for Edmund Burke Roche in the Australian Colonies.

Edmund Burke Roche and Maria Theresa Burke/ Bourke, married in Eglish, Tiperary, Ireland in 1832. Maria would have been about 28/29 years old, and Edward 26 years or 17 years. (See below). They had a child Jane Elizabeth who died on the journey to the Colony of New South Wales in 1834.

Edward was a Protestant coming possibly from a family involved with the Masons. At the time of the birth of his first son in Sydney in 1834, Edward was described as a Gentleman.

Under the patronage of the Governor, Sir Richard Bourke, a second cousin of his wife, he was given the positions of postmaster at Bungonia in NSW in 1835; and Chief Constable at Yass in 1836. (Note:I understand that these positions were given to Roche solely because of his connections through his wife, to the Governor of the Colony Sir Richard Bourke.)

 1832

 Marriage Bond entered into between Maria T Burke and Edward Roche, Killaloe, Limerick, Ireland.

 
 

1832 Aug 28

Marries Maria Theresa Bourke Eglish, County Tipperary - celebrant is Rev. John Eyshaw

 

1833 June 14

First child Jane Elizabeth born at "Moatville" in Co. Tipperary, Ireland

 

1834 Oct 25

With pregnant wife and the child Jane Elizabeth, leaves Liverpool on the Medora, Captained by James Tweedie.

 

1834 Dec

Jane Elizabeth dies at sea aged 14 months

.Mother's statement

1834 Nov 1

Medora arrives in Sydney Town, Nov 4 1834

 

1834 Nov 15

Edward James Tweedie Roche born

Baptism Certificate

1834 Dec 9

Edward James Tweedie baptised at Parish of St. Philip's Sydney.

Baptism Certificate; Sydney given as abode;
fathers profession given as Gentleman; Church
of England ceremony performed by William Cowper

1835

Appointed postmaster Inverary (postmaster at Bungonia in NSW)

Australian, Oct 27 1835

1836 Feb 16

Appointed Chief Constable at Yass, 9th Feb. 2. 1836

Return of the Dept of Police,

1836 Sep 12

John Bourke Roche born

Baptism Certificate;Yass given as abode; father
Chief Constable

1837 Feb 15

John Bourke baptised at Parish of St. Philip's Sydney

Baptism Certificate; The Church of England
ceremony was performed by William Cowper.

1838 April 26

No longer paid as Chief Constable at Yass

 

1838-1853

Wife states in legal documents that her husband died "some years" ago

Stated as Deceased

1840 Feb

Wife Maria Theresa Roche is a Passenger with two children from Sydney for Port Phillip, in the Bright Planet

The Australian, Feb 29, 1840, p2

1843 Aug 25

Mary James Roche, the daughter of wife Maria Theresa Roche born in Melbourne

Illegit is written on certificate;
father James Faull an accountant

1847 Mar 19

Mary James Roche christened in Melbourne

Baptism record

1852

On Indenture it states husband of Maria Theresa Roche is deceased

 

1853 Mar 13

Indenture states husband of Maria Theresa Roche died "some years ago"

 

1853 Mar 31

Wife Maria Theresa Roche marries Henry Cole

 

1868

Affidavit for land sale by a Dr W H Campbell stating he has known Maria Theresa Roche for over 20 years and he knew her husband who is deceased

 

  

 

  

Edwina and Ireton school winner

Obviously Edwina and Ireton Roche enjoyed school, I believe they both became teachers.
Ireton moved to Dunedin and didn`t marry or have children. He died at a young age. Edwina married William Nelson and lived her years out in greymouth. you can go to the tag on left and see her photo. I am in discussions with a few people why she has a dark complexion, maybe a few people can add some light to that question????

Percival Roche

I am not sure of what happened to Percy but no doubt will find out pretty soon.
Click on the picks to enlarge

Searching Roche or other names in NewZealand

This site has a great online searchable data base which should help anyone interested in New Zealand families or events
http://paperspast.natlib.govt.nz/cgi-bin/paperspast

Deception of Maria theresa

I had all the papers ( which are copies of originals which are housed at the Victoria PRO office about 1km from where I live) sent to Canberra for the Australian Trustees to work out. their response was that Edward Burke/Bourke Roche had gone back to Ireland and that they had both planned it after arrival.

Similar to the Medora 1833

The Medora

Arriving in Australia aboard the Medora

From Liverpool and Hobart Town, also on Sunday last, having sailed from the latter port, the 25 of October, the ship Medora, 2 2 tons, Captain Tweedie, with merchandise, Passengers, James Kenworthy, Esq., merchant, Mrs Kenworthy, and one child; Mr. Edward Roche, and Mrs Roche, Mr. Sutton, farmer; Mr. William Morris, Henry Buckley, Esq., merchant; Edwin Park, Esq., merchant; Allan M'Gaa Esq., Mr. Z Jones, surgeon; Mr. Richard Bell, farmer; Mr. M'Ken, botanist; Mr. Butt, Mr. Patrick Gorman, Mr. James Grouther, Eber Hunt Hart, hatmaker.

The ship the Medora with Captain Tweedie was to suffer the fate of so many before them and since.

25/9 1837 Medora. Wooden ship, 382 tons. Master James Tweedie. Left Sydney to London on 21 June 1837 with thirteen passengers and a cargo of timber; lost on the Brazilian coast thirty miles north of Bahia, 25 September 1837. No loss of life. A small schooner rescued all passengers and crew.

Document 13

Police Yass 1838

RETURN of the Department of Police Yass, New South Wales, from the 1st January to 31st December, 1838

• No...*
  Name
  Office
  Date of appointment
  By whom appointed and Period From to Salary*   1
  

Under what Instrument

[Thos] Richard Hardy Police Magistrate 1 Oct1837 Sir R Bourke by letter [position] Colonial [?]1 January 31 December [1] 50.00  

James Steel Clerk to the Bench 28 April1837 By Govt 1 January 20 July 110.00

Succeeded by

Alexander Chisholm Clerk of the Bench 12 Sep 1838 Sir G Gipps 12 September 31 December 108.00

Chief Constable Edward B Roche 16 Feb 361 Jan 9 Feb31 De c 75.00

6.=Period during which each held the Situation in the Year above mentioned

7.=Salary - Yearly if regulated by an annual rate or -Daily if regulated by a daily rate

The following columns, which were either blank or had "none" written in the space, have not been included in the above table.

8.=From what Fund the Salary is paid

9.=Amount of Fees during the Year 1838 in Sterling value

10. Whether the Principal be allowed a House for his personal Residence or what allowances, if any for House Rent or Quarters

11.=Whether the Office he held by Principal, in conjunction with any, and what other Civil, Military, or Naval Office or Appointment, or Place of Profit, in any Colony, or on the Establishment of the United Kingdom.

If the Office he held by a Military or Naval Officer, whether upon full or half Military or Naval pay, the total amount of Pay and Allowances of every king received by him in addition to the Profits of his Office.

12.= Period during which the Officer has been absent from the Colony, during the Year 1838.

Edwina Nelson daughter of John Bourke Roche

Edward Roche at Bungonia/Inverary

Tuesday 2nd June 1835.
Robert Fuller, Esq, J. P brought in and examined:
I have been nine years and upwards a Magistrate in Argyle.
For a greater part of that time I had the control of the Police in Inverary.  Until within the last twelve months I had charge of the whole of the country south and east of Goulburn consisting of the County of St Vincent's, and the eastern part of the County of Murray.
The population in the immediate vicinity of Inverary, amounts to between three hundred to four hundred persons, but the population of the districts of Murray and St.Vincents, and the country beyond them, is scattered over such an immense space, that it is impossible
to speak of it with any accuracy.
The present police force of Inverary (now called Bungonia) consists of two constables at 2 shilling 3 pence per diem, one scourger and one lock-up keeper at 2 shillings 9pence per diem.
The scourger and lock-up keeper are prisoners of the crown, one constable is free, and the other a ticket of leave holder.
There are also generally a non-commissioned officer and four privates of the mounted police stationed in the district, but all of these frequently out at the same time in pursuit of bush-
rangers, so that I have been occasionally obliged to place a  man of my own in charge of their barracks.
There is a lock-up house at the old township of Inverary; it is a stone building of three years standing, and contains two rooms and one cell; one of the rooms is occupied by the keeper.
This house is not sufficiently large for the purpose intended, being incapable of containing more than seven or eight prisoners, while I have known as many as sixteen or eighteen prisoners for confinement at the same time. On such occasions, we have been obliged to use the solitary cell as a prison.
In addition to prisoners for trial before the Inverary Bench, prisoners, passing under escort from the southern counties for trial in Sydney, are confined here. This lock-up is two miles from the new court-house, in the new township of Bungonia, and is therefore exceedingly unsafe and inconvenient, as it occasions a division of the police force, and causes the prisoners to be taken so far for examination. I think that the materials of the present building, and the ground it stands upon, might be advantageously sold, so as to meet the expense of erecting a new one in the township, near the court-house.
The weekly average of cases at our Bench, is four or five; with the exception of about one fifth they are all convict cases.
The duties of the Bench are considerably lessened by the recent arrangement by which Captain McKellar, Mr Murray, of Lake George, and Mr Campbell, of Wingelow, are enabled to hold police courts in their own places, where a constable and scourger have been
respectively stationed.  Previous to these appointments, I have occasionally to sit in Court four days in one week.
With the addition of a chief or district constable, I should think the present police force would be sufficient for the district itself; the greater part of the duty of constables consists in serving summons, subpoenas, and warrants from the Supreme Court and the Court of Quarter Sessions; and also in escorting prisoners, on which service they have frequently to trave a distance of forty-five miles.  To render the police efficient, I think these travelling
duties should be otherwise provided for. If no alteration is to take place in this respect, we should require at least two additional constables, besides the chief constable before mentioned.
I am also of opinion that the mounted police now in the southern district should be augmented to double their number, to enable them to discharge their duties efficiently. Great benefit would no doubt be derived from extending the stations of this force by which means a more rapid communication would be kept up between the different detachments. Their efficiency would also be ensured by the frequent inspection of their officers. The mounted police are not now employed in serving processes from any civil court in my district.
The usefulness of this important force must always depend upon the knowledge they possess of the country in which they are employed, and their experience in the various duties which must devolve upon them. To accomplish these desirable objects, I should
beg to suggest that the mounted police be made a permanent colonial corps.  The various robberies recently committed on the southern road evince the expediency of an early augmentation of the police force.
Suitors, in cases when two magistrates are required to adjudicate, have to travel a distance of sixty or seventy miles to our Bench; but many persons who used to formerly to come to our court, now prefer going to Goulburn, from the greater certainty they have of always finding two magistrates there. 
There is only one unpaid magistrate in the district, and he very seldom attends the court. The clerk of the bench, at Inverary has a salary of £70 a-year, he is also the deputy postmaster of the district, from which office he derives an income of about five or six pounds a year.
We find no difficulty in procuring proper men to fill the situation of constable either free or ticket of leave holders, but I conceive that no men can be procured at the present rates of
salary who will be found efficient, unless the supervision of a chief or district constable, whose pay should be so good as to induce a respectable man to hold the situation.
It is my opinion, that an absolute necessity exists for extending Police Courts, and that two should be established to the southward of Inverary; one of these should be at Limestone Plains, and the other in the County of St Vincent's; near Captain McKellars
or between that and Mt Elrington; the latter would, I think, be preferable.
I consider it quite indispensable, that paid magistrates should be appointed to these stations.      

Nicholas Roche

Nicholas Roche died on the 6th Dec and was buried on the 8th Dec., 1816.
He was buried in a place called "KILNERATH"
He was aged 60 years when he died in 1816. (Born c.1756)
He was referred to as "a County gentleman and Land projector".
His address was given as "Vancluse, Co. Limerick"
Before you ask I don’t know what a "land projector" is?

His wife Mrs. Letitia Roche of Vancluse died on 11th March 1833
and is buried at "KILNERATH".


Nicholas Roche birth record unfortunately there is a gap in the St.Marys
Limerick city register from 1754 to 1759.
Nicholas Roche did make a WILL it seems but the reference in the deeds indicates that this was never "envoked" (Whatever that means. I presume it stayed within the family and was never "legal"). He died in 1816 but though he may have made WILL known to the family it was never in the public domain.

Neither is it listed in any reference in the Registry of Deeds.
It seems that he did indicate that his three daughters were to be looked after but
his wife and his son Edward Roche came into the property. His wife then died
11th march 1833 and she to left no WILL. All the deeds then involve the three
daughters and Edward:
Frances Henrietta Roche married James Ardill
Maria Teresa Roche married John McNamara Downes
Letitia Roche Crotty widow of William Crotty remarried Darby/Jeremiah
O'Brien.
It seems each of them was entitled to at least £300 sterling from the WILL
and one of them Maria Teressa Downes was paid £270.18.5 from the estate
1835. One of the deeds has Roger Waller as a witness. The acreage given in
one deed is 470 acres. The property consisted of Toorlougher, Vancluse and
Barnemong also spelt as Burnemong. It seems Vancluse was another place name
for Toorlougher and Barnnemong. The three spellings
Burenmong/Barnnemong and Barnemong are used in the deeds.


John Bourke married Jane Percival (dau.: Maria Theresa Bourke)
Letitia Bourke married 1795 and 1800 (son : Edward Roche)
Thus making them 1st cousins.

Blue books list of officers

The Melbourne story

It did take a while to get to meet a few of the Roche families in Australia. and what I found was a little bit of knowledge about the Maria and Edward Roche's son James Tweedie. after the trip from Sydney with the two sons Maria had an affair and also married again in 1853 which was a short marriage with the death of Mr Cole. I was beginning to think of the Black widow movie and gasp!!! who or what's next on her agenda. but i found that James Tweedie moved out into country Victoria in a small place called Tinamba. just a few hundred people. He worked as a farm manager and had several children, which I will list in the next couple of weeks. To me it looks like there may have been a split in the family around 1875/6 with the other brother John Bourke moving to Greymouth on the west coast south island New Zealand. and indeed Maria Theresa moved there not long after. John Bourke married Emma Louisa Gibbs from Hall Green near Birmingham England. a place made famous by the lord of the rings author Tolkin. we have been told that she was from the family that owned the Birmingham small arms factory which later became BSA. her grandmother or someone close was said to have been a lady in waiting but I have yet to find anything in that.as in the case of James Tweedie, John Bourke married a catholic and the irony of the matter is that and to my horror both Ladies were buried in the Roman catholic part of the cemetery not with their husbands, and both head stones were gone. I do have pics of James tweedies grave stone but there is no relevant info to be seen on it. as was the case with John Bourke both had daughters and cpl sons. John Bourke's son Ireton died unmarried but was invited to the bicentenary of the Melbourne first one hundred years, unfortunately he was ill and died short time later in Dunedin NZ.
John Bourke's wife left most of her legacy in money terms to the Catholic church in Wanganui as a sort of punishment for John Bourke not allowing her to go to church. revenge is always sweet they say!

Melbourne Land title

        6079                                    1589

VICTORIA

 

APPLICATION TO BRING LAND UNDER THE OPERATION OF THE

"TRANSFER OF LAND STATUTE."

_________________________

 

Name of applicant, and his residence, profession, trade, or occupation, to be inserted.                       If absolute owner, insert in fee-simple in possession; if estate owned be a less one, insert of freehold in possession for my life, or otherwise, as the case may require, under s. 17. Insert, if applicable, part of, and describe generally the Crown allotment. Or otherwise, according to the Crown grant. Insert, if applicable, part of, and describe generally the Crown allotment. Insert area. Insert, if land be part only of that granted, and be not described in any one instrument, a sufficient description to identify the land. If there be any, add other than as follows, and set the same forth.             If unoccupied, prefix un to occupied. If occupied, add by whom, and state his name, residence, trade, profession, or occupation, and the nature of his occupancy. Insert name, residence, trade, profession, or occupation, or a person un-known. See note (k) above.           (m) If the Certificate of Title is not o issue to the applicant, add And I direct the Certificate of Title to be issued in the name of   (n) After name, add residence, trade profession, or occupation ; and if the land is to be taken in parts, say as to the land described in the schedule of land marked A., and in the name of as to the land described in the schedule of land marked B.                   (o) Applicant to sign here; if in the colony, before the Registrar of Titles or an Assistant Registrar,or a Notary Public, Justice of the Peace, Commissioner for taking Affidavits,or Perpetual Commissioner; if abroad, before a Notary Public or a commissioner for taking Affidavits in the Supreme Court of Victoria.

TO THE REGISTRAR OF TITLES   We Maria Theresa Cole of Charles Street in the Borough of East Collingwood in the County of Bourke Widow Edward James Roche of Maffra in Gippsland in a county unnamed Station Overseer __________ John Bourke Roche of Greymouth in the Colony of New Zealand Gentleman - Mary James Shannon of Greymouth aforesaid Wife of Richard Shannon of Greymouth aforesaid Stationer and the said Richard Shannon _____ ,, _______,, ________,, ________,, hereby apply to have the land hereinafter described brought under the operation of the   Transfer of Land Statute   And We declare--   1. That we are the owners of an estate (b) in fee simple In ALL THAT piece of land, being © part of Portion fifty seven _________,, _______section (d) Parish of Jika Jika, County of Bourke ___________ (e) which land contains (f) or thereabouts, and is described in the document numbered one, in the schedule hereto (g)               2. That such land, including all buildings and other improvements thereon, is of the value of Two hundred ___ ,,___ pounds and no more. 3. That there are no documents or evidence of title affecting such land in my possession or under my control, other that those included in the schedule hereto. 4. That I am not aware of any mortgage or encumbrance affecting the said land, or that any other person hath any estate or interest therein at law or in equity, in possession, remainder, reversion, or expectancy (h)             5. That the said land is (i) occupied (j) by Colin Leeson Macdonald under an Agreement to purchase     6. That the names and addresses, so far as known to me, of the occupants of all lands contiguous to the said land are as follows (k) on the North unoccupied on the South by Mr Slaney of Charles Street Storeman on the East Charles Street and on the West a right of way     7. That the names and addresses, so far as known to me, of the owners of all lands contiguous to the said land are as follows (l) on the North by Mrs Greig of Park Street in the Borough of East Collingwood Widow and on the South by Mr Slaney-               Dated this First day of November, One thousand eight hundred and Sixty Seven             Made and subscribed at Melbourne By the said Maria Theresa Cole In the presence of [Mr T A'Beckett] J.P. (o) M.T. Cole Edward James Roche John Bourke Roche Mary James Shannon Richard Shannon

 

Emma Roche -nee Gibbs from Hallgreen Birmingham

Emma Roche pic:
Left to right: Emma Roche, Myrtle Leahy, Sylvia stark, Nanna Nelson (Edwina)

Edward Roche starts selling

 

 

 

Irish Memorial - Land 1833 May

Land Deed Signed by Edward Roche prior to leaving Ireland in 1833
(The document has been broken into paragraphs to assist reading.)

(16 in large print on top centre, 27 top left side)

LIMERICK (Stamp)
1 S[?]
5 PENCE
To the Register appointed by Act of Parliament for Registering Deeds Leases Conveyances and so forth

A memorial of an Indenture Deed of conveyance Bearing date the Twenty Fourth day of September one thousand Eight hundred and Thirty three made Between Edward Roche of Vaucluse in the County of Limerick Esquire of the first part Mathew Barrington of Lower Fitzwilliam Street in the city of Dublin Esquire of the second part and Samuel Barrington of said City of Dublin Esquire Barrister at Law of the third part

After Reciting as therin is recited Said Deed witnessed that for the considerations therein mentioned the Said Edward Roche did Grant Bargain sell alien and release unto the said Samuel Barrington to his Heirs and assigns All that and those the southern part of the town and lands of Tourlogher and the Subdenomination of [Barnernong] there unto belonging as the same was formerly laid out and shown by Mr Henry Judge and Henry Fisher and so divided from the Eastern part of Tourlogher demised to Mr John O'Brien by Richard Morgan of the City of Dublin Esquire who also demised to William O'Brien said Southern Division all which said Lands and Premises contain Four hundred and Seventy acres or thereabouts plantation measure be the same more or less situate lying and being in the Barony of Owneybeg in the County of Limerick

To Hold same unto the said Samuel Barrington his Heirs and assigns in trust for said Mathew Barrington as therin mentioned and which said Deed contained other clauses and covenants and was duly Executed by said Edward Roche and said Mathew Barrington -- the executing parties thereto in the presence of and is Witnessed by John D O'Connell of the City of Limerick Gentleman and Robert Keays of said city of Limerick Accountant - and the above memorial was also duly Executed by the said Edward Roche the executing party thereto in the presence of and is witnessed by the said John D O'Connell and Robert Keayes

Signed and Sealed
In presence of

John D O'Connell
Robert Keays

The above named Robert Keayes maketh Oath and saith that he is a subscribing witness to the original Deed whereof the above is a memorial and also to the said Memorial saith he saw the said Deed duly Executed by the said Edward Roche and Mathew Barrington-- the executing parties thereto and saith he also saw the above memorial duly Executed by the said Edward Roche the executing party thereto and that the name Robert Keays so subscribed as a witness to the original Deed and the above memorial respectively is this Deponents proper name and handwriting --

Robert Keays (Signature)

Sworn Before me at the City of Limerick the 30th day of September 1833 a master Extraordinary of his Majestys high Court of Chancery in Ireland for taking Affidavits in said Court said City and I know the deponant.

Jas Barry

Stamped at Base
CLARLANN NA NGNIOMHAS
(REGISTRY OF DEEDS)
UTMH 2694
Applicant John O'Neill

Ireland land deeds2

Irish Memorial - Land 1833 May

Land Deed Signed by Edward Roche prior to leaving Ireland in 1833
(The document has been broken into paragraphs to assist reading.)

(16 in large print on top centre, 27 top left side)

LIMERICK (Stamp)
1 S[?]
5 PENCE
To the Register appointed by Act of Parliament for Registering Deeds Leases Conveyances and so forth

A memorial of an Indenture Deed of conveyance Bearing date the Twenty Fourth day of September one thousand Eight hundred and Thirty three made Between Edward Roche of Vaucluse in the County of Limerick Esquire of the first part Mathew Barrington of Lower Fitzwilliam Street in the city of Dublin Esquire of the second part and Samuel Barrington of said City of Dublin Esquire Barrister at Law of the third part

After Reciting as therin is recited Said Deed witnessed that for the considerations therein mentioned the Said Edward Roche did Grant Bargain sell alien and release unto the said Samuel Barrington to his Heirs and assigns All that and those the southern part of the town and lands of Tourlogher and the Subdenomination of [Barnernong] there unto belonging as the same was formerly laid out and shown by Mr Henry Judge and Henry Fisher and so divided from the Eastern part of Tourlogher demised to Mr John O'Brien by Richard Morgan of the City of Dublin Esquire who also demised to William O'Brien said Southern Division all which said Lands and Premises contain Four hundred and Seventy acres or thereabouts plantation measure be the same more or less situate lying and being in the Barony of Owneybeg in the County of Limerick

To Hold same unto the said Samuel Barrington his Heirs and assigns in trust for said Mathew Barrington as therin mentioned and which said Deed contained other clauses and covenants and was duly Executed by said Edward Roche and said Mathew Barrington -- the executing parties thereto in the presence of and is Witnessed by John D O'Connell of the City of Limerick Gentleman and Robert Keays of said city of Limerick Accountant - and the above memorial was also duly Executed by the said Edward Roche the executing party thereto in the presence of and is witnessed by the said John D O'Connell and Robert Keayes

Signed and Sealed
In presence of

John D O'Connell
Robert Keays

The above named Robert Keayes maketh Oath and saith that he is a subscribing witness to the original Deed whereof the above is a memorial and also to the said Memorial saith he saw the said Deed duly Executed by the said Edward Roche and Mathew Barrington-- the executing parties thereto and saith he also saw the above memorial duly Executed by the said Edward Roche the executing party thereto and that the name Robert Keays so subscribed as a witness to the original Deed and the above memorial respectively is this Deponents proper name and handwriting --

Robert Keays (Signature)

Sworn Before me at the City of Limerick the 30th day of September 1833 a master Extraordinary of his Majestys high Court of Chancery in Ireland for taking Affidavits in said Court said City and I know the deponant.

Jas Barry

Stamped at Base
CLARLANN NA NGNIOMHAS
(REGISTRY OF DEEDS)
UTMH 2694
Applicant John O'Neill

Ireland Land deed1

Irish Memorial - Land 1827

(577819 in large print on top left side)

TIPPERARY (Stamp)
9 PENCE
To the Register Appointed by Act of Parliament for Registering Deeds Leases &c in Ireland or his deputy

A memorial of an Indenture of lease made and bearing date the Twenty Ninth of November in the year of our Lord One thousand Eight Hundred and Twenty seven Between Mrs Leticia Roche of Tourlaher in the County of Limerick and barony of Owneybeg Widow of the one part and James Dwyer of [Mentilla] in said County and barony

Whereby the said Letitia Roche for the consideration therein mentioned did demise unto the said James Dwyer All that and those that [form?] part of the lands of Tourlaher in her possession situate in the barony of Owneybeg and County Limerick

To hold to the said James Dwyer his executors administrators and assigns from the first day of November then instant for and during the life of the said Letitia Roche at the Yearly rent of forty five pounds late Irish Currency payable in equal gales on every first day of May and first day of November in each and every Year during said demise which lease contains the usual covenants between Landlord and tenant and is witnessed by Stepney Rawson Stepney of Tourlaher Gentleman Daniel Molony of Limerick and John Dwyer of Mentilla farmer all in the County of Limerick and this Memorial is witnessed by the said John Dwyer and Thomas Dwyer of Mentilla farm[s]

Signed and Sealed In presence of

Verify the above memorial does not contain 1000 words

(Signed) [Healy & Cahill)

Thomas Dwyer James Dwyer
John Dwyer 868 319

Now John Dwyer of Mentilla in the County of Limerick farmer aged Sixteen Years and upwards maketh Oath and saith that he is a Subscribing Witness to and saw the Deed of which the above Writing is a Memorial duly signed sealed and delivered by the said Letitia Roche and James Dwyer and saith he is also a subscribing Witness to this Memorial and say the same duly signed and sealed by the said James Dwyer and saith the same John Dwyer subscribed as a Witness to said deed of lease and this memorial respectively is this deponents proper name and handwriting.

Sworn Before me at Thurly in the County of Tipperary this first day of January 1831 a Master Extraordinary of his Majestys high Court of Chancery in Ireland for taking Affidavits in the County and I know the deponant.

[James Eloolgse] Master Extraordinary

John Dwyer (signature)
Joseph Hemly Solr. (signature)

Stamped at Base
CLARLANN NA NGNIOMHAS
(REGISTRY OF DEEDS)
UTMH 2695
Applicant John O'Neill

Maria Declaration

 

No. 1589

I Maria Theresa Cole of the City of Melbourne in the Colony of Victoria Widow do solemnly swear and sincerely declare   THAT I was married to Edward Burke Roche at the Parish Church of Eglish County of Tiperary Declared by the Reverend John Eyshaw on the twenty eighth day of August one thousand eight hundred and thirty two That there was issue of the Said Marriage as follows Namely Jane Elizabeth who was born at Moatville in Tiperary Aforesaid on the fourteenth day of June one thousand eight hundred and thirty three and died at Sea on board the Ship Medora on a Voyage from Liverpool to Sydney in New South Wales in the month of December one thousand eight hundred and thirty four Edward James who was born at Sydney aforesaid on the fifteenth day of November one thousand eight hundred and thirty five and is now residing at Maffra in Gippsland in Victoria Aforesaid John Bourke who was born at Yass in New South Wales aforesaid on the fifteenth day of September one thousand eight hundred and thirty seven and is now residing in New Zealand Mary James who was born on the twenty fifth day of August one thousand eight hundred and forty three and is now the wife of Richard Shannon and now resides in Melbourne aforesaid That I am the person referred to as Maria Theresa Roche in the Guidelines of Settlement dated the thirteenth day of March one thousand eight hundred and fifty three and produced in this matter and the Several persons herein before mentioned and referred to as being now living are with myself the persons interested under the Said Settlement That the Said Edward Burke Roche died in Melbourne aforesaid some years ago and I was thereafter married to one William Henry Cole who is now also dead.     AND I make this solemn Declaration conscientiously believing the same to be true and by virtue of the provisions of an Act of the Parliament of Victoria rendering persons making a false declaration punishable for wilful and corrupt perjury.

Declared at Melbourne

In the Colony of Victoria this twenty
Maria T. Cole

seventh day of May

one thousand eight hundred and sixty nine

Before me

[ Mats] Anderson JP

Maria Theresa Roche Indenture

This Indenture made the thirtieth day of March in the year in the year of our Lord one thousand eight hundred and fifty three Between William Henry Cole of the City of Melbourne in the Colony of Victoria Gentleman of the first part Maria Therisa Roche of Collingwood near Melbourne aforesaid Spinster of the second part and Henry William Campbell of the said City Doctor of Medicine and James Stewart of the same place Wine Merchant Trustee Nominated by and on behalf of the said Maria Therisa Roche of the third part

Whereas a Marriage hath been agreed upon and intended Shortly to be Solemnized between the said William Henry Cole and the said Maria Therisa Roche
And Whereas
the said Maria Therisa Roche is [seized] of or otherwise well and sufficiently entitled to the piece or parcel of land, and hereditaments herein after particularly described under and by virtue of a certain Indenture of Release bearing date the Second day of October in the year of our Lord one thousand eight hundred and fifty two and made or expressed to be made Between Thomas McClelland of the one part and the said Maria Therisa Roche

Of the other part And Whereas
the said Maria Therisa Roche is possessed or otherwise entitled as Administrix to and of her late husband Edmund Burke Roche deceased to All and singular the real and personal Estate of him the said Edmund Burke Roche deceased
And
whereas the said Maria Theresa Roche is entitled as Legatee to the Sum of Five hundred pounds under the Will of Westby Percivall deceased late Captain in Her Majesty's Royal Navy
And upon the treaty for the said Marriage. It was agreed that the said piece or parcel of land and hereditaments and all the real and personal estate of the said Edmund Burke Roche deceased and the said Legacy of Five hundred pounds should be conveyed and assured in the manner upon the trusts and for the intents and purposes hereinafter mentioned.
Now this Indenture Witnesseth
that in pursuance of the said Agreement and in Consideration of the said intended Marriage and also of Ten shillings of lawful money by the said Henry William Campbell and James Stewart paid to the said Maria Therisa Roche at or before the sealing and delivery of these presents the receipt whereof the said Maria Therisa Roche Doth hereby Acknowledge, She the said Maria Theresa Roche with the Consent and approbation of the said William Henry Cole testified by his being a party hereto and exerting these presents Hath granted bargained sold released and confirmed and by these presents Doth grant bargain sell release and confirm unto the said Henry William Campbell and James Stewart and their heirs the release hereby made taking effect without a previous bargain and sale or lease for a year by virtue of the provisions of the Act in that case made and provided
All that
piece or parcel of land situate lying and being on the parish of Jika Jika in the County of Bourke in the said Colony of Victoria being part and parcel of portion Number Fifty seven on the said parish commencing at a point One hundred and thirty two feet South from another point in the Northern boundary line of the said Section distant Two hundred and thirty one feet East from the North West Corner or Angle of the said Section and bounded on the West a Road or Way called Charles Street bearing South Sixty six feet on the South by other portion of the said Section Number Fifty seven being at a line at right Angles with said Street bearing East One hundred and sixty five feet on the East by a reserved Road or Way bearing North Sixty six feet on the North by a line at right Angles with said reserved Road bearing West One hundred and sixty five feet to the commencing point Together with all and singular edifices buildings fences walls ways waters watercourses easements privileges rights members and appurtenances whatsoever to the said land
hereditaments and premises as any of them belonging or in anywise appertaining and also All the real Estate of or belonging to her the said Maria Therisa Roche to which she as Administrix of her late husband Edmund Burke Roche deceased is or shall hereafter be entitled to under and by virtue of any letters of Administration granted or to be hereafter granted to her of the aforesaid Estate of the said Edmund Burke Roche deceased And all reversions remainders yearly and other rents issues and profits to the said piece or parcel of land belonging or in [?] appertaining and to the said real estate of the said Edmund Burke Roche Deceased. And all the Estate right title and interest freehold inheritance use trust possession property claim and demand whatsoever of her the said Maria Therisa
Roche of into out of or upon the said hereditaments and premises and every of them respectively
To have
and
To hold
the said piece or parcel of land and all other the hereditaments And all and singular other the premises herein
described and intended to be granted and released unto the said Henry William Campbell and James Stewart their heirs and assigns for ever upon the several trusts and to and for the several uses intents and purposes and with under and subject to the several powers provisions declarations and agreements herein after expressed and declared of and concerning the same that is to
say
To the use
of the said Maria Therisa Roche and her heirs of the said intended Marriage [?] to be had and Solemnized and from and after the Solemnization thereafter to [?] of the said Maria Therisa Roche for and during the term of
her natural life to and for her own sole and separate use and benefit to the use of such person or persons as she the said Maria Therisa Roche by any writing under her hand shall at any time not withstanding her Coverture direct or appoint or in default of such direction and appointment Then In trust to pay the rents issues and profits of the said hereditaments and premises into the proper hands of the said Maria Therisa Roche for and during her life to and for the sole separate and particular use and benefit and at the sole and uncontrolled disposal of the said Maria Therisa Roche not withstanding her said intended Coverture, and without the same one being subject to the debts or engagements to the said William Henry Cole And the receipts of the said Maria Therisa Roche alone not withstanding her Coverture shall be a good and sufficient discharge for so much of the said rents and profits as shall [?] herein acknowledged and expressed to be received and from and after the decease of the said Maria Therisa Roche
Then to the use
of all and every Child and
Children of the said Maria Theresa Roche by her former husband Edmund Burke Roche deceased for such Estates and intents and in such shares and proportions and to be vested in him her or them at such respective Ages or times and in such manner as the said Maria Therisa Roche alone and notwithstanding her Coverture by any deed or instrument in writing to be sealed and delivered by her in the presence of and attested by a Credible Witness or by
her last Will and Testament in writing or any writing in the nature of her last Will and Testament to be signed by her in the presence of Four or more Credible Witness shall direct or appoint and in default of such direction or appointment or so far as the same shall not extend
To the
Use
of All and every the aforesaid Children of the said Maria Therisa Roche begotten by her late husband the said Edmund Burke Roche deceased equally be divided between or amongst them if more than one share and share alike as joint tenants upon the said Children respectively attaining the age of Twenty one Years if Males or if females upon attaining that age or Marrying which ever should first happen and if any of the said Children of the said Maria Therisa Roche begotten by the said Edmund Burke Roche deceased shall die before attaining his or her Majority of Twenty one Years or if a female attaining that Age or Marrying Then as to the original part or share parts or shares of such Child or Children
who shall so die before attaining their respective ages of Twenty one Years if Males or if Females attaining that Age or Marrying
Then
to the
Use
of the Survivors and Survivor equally to be divided between or amongst them if more than one share and share alike And in default of such Children attaining their Majority as aforesaid or Marrying as aforesaid
To the Use
of such person or persons as the said Maria Therisa Roche not withstanding her Coverture by any deed or deeds direct limit or appoint And in default of such direction limitation or appointment
Then To the Use
of the said Maria Therisa Roche her heirs and assigns for ever
And this Indenture further Witnesseth
that in Consideration of the said intended Marriage of the said Maria Theresa Roche with the consent of the said William Henry Cole testified by his being a party to and executing these presents Doth by these presents bargain sell assign transfer and set ever unto the said Henry William Campbell and James Stewart their executors administrators and assigns All that the said sum of Five hundred pounds bequeathed to the said Maria Therisa Roche by the herein before [reciled] Will of the said Westby Percivall as aforesaid and the interest hence forth to
become due and payable upon the same and all the right claim and demand whatsoever of the said Maria Therisa Roche in to or out of the same Together with all powers remedies and means whatsoever legitimate or necessary for suing for recovering receiving and giving effectual releases and discharges for the said sum of Five hundred pounds and the Interest and every part thereof
To have
Receive and
Take
the said sum of Five hundred pounds interest and premises expressed to be hereby assigned unto the said Henry William Campbell and James Stewart there executors administrators and Assigns In trust for the said Maria Therisa Roche her executors administrators and assigns the said intended Marriage shall be had and solemnized and [?] [solemnizion thereof upon trust that they the said Henry William
Campbell and James Stewart or the Survivor of them his executor or administrators shall call in and receive the said sum of Five hundred pounds when and so soon as the same shall become payable and upon the receipt of the said sum of Five hundred pounds or any part thereof to pay the same into the hands of the said Maria Theresa Roche in default thereof then to layout and invest the said sum
Upon such Trusts
and in manner as the said Maria Therisa Roche by any deed or Instrument under her hand shall direct or appoint not withstanding her said intended Coverture and without the same being subject to the debts and control of the said William Henry Cole and the receipt of the said Maria Therisa Roche alone shall be a sufficient discharge for the said sum and interest not withstanding her said intended Coverture and in default of such direction or Appointment
To the Use
of the said Children of the said Maria Theresa Roche by her late Husband the said Edmund Burke Roche deceased upon their respectively obtaining their aforesaid Majority of Males or of Females upon obtaining that Age or Marrying share and share alike
Provided always
that if any of the said Children shall die before they or any of them attain their majority or becoming an Eldest Son or being a daughter shall depart this life before she shall attain that age or be married then and in that case no direction or appointment having been made or given by the said Maria Theresa Roche to the contrary as well as the original share of every such Son so dying or becoming and Eldest Son and such daughter as dying under the Age of Twenty one Years without being married or so as much as shall not have been advanced for him her or them As also such parts or shares as by virtue of this present Clause shall have accrued unto the Sons or Daughter last mentioned shall go and belong to the Survivors or Survivor of them and the same shall be paid and payable at such days and times and shall go in the same manner to
such Survivors or Survivor as his her or their Original share or shares
And
the said William Henry Cole doth hereby for himself his heirs executors administrators or assigns covenant promise and agree with and to the said Henry William Campbell and James Stewart that if at any time during the said intended Coverture any real Estate whatsoever shall descend or devolve to or vest in the said Maria Therisa Roche or in any person or persons in trust for her or to or in the said William Henry Cole in her right then and in that case and so after as the same shall happen he the said William Henry Cole shall and will at the Costs and Charges of the said Maria Theresa Roche make do and execute or cause and procure to be made done and executed or join or concur with the said Maria Therisa Roche her heirs executors administrators or assigns in the making doing and executing of all such acts deeds conveyances assignments and assurances in the law whatsoever as shall be necessary and proper for conveying surrendering assigning assuring and confirming the said real Estate in such manner as that the same maybe vested in them the said Henry William Campbell and James Stewart their heirs executors administrators and assigns and for and upon such and the same Trusts and to and for the same [?] intents and purposes as before mentioned In Witness
whereof the said parties to these presents have herinto set their hands and seals the day and year first above written.

William Henry Cole

Maria Theresa Roche

W. H. Campbell
Jas Stewart

 
 

 
 

From the start

Its now been a lot of years of searching to find the missing pieces, some that have been very rewarding like meeting some of my Roche cousins. Like the times I have rung people here in Melbourne, Hello my name is Karl, I was wondering if you know this person or that person? how many hundreds of times have I done that. First Of i must thank my friend Jim Roache in Canada for the support over the years and probably with out sometimes I would have stopped the searching. I always say to people I meet in Business as well as other matters " how can we understand the future if we don`t understand the past"
We have need, a desire and love for knowing where we are from it is in fact the Human story.

My story if I may will start in Ireland where two newly weds decide to follow their dreams and head to Australia.
At the time Sydney was full steam a head but still a colony.
They are Maria Theresa Bourke and Edward Roche We know that Maria Theresa is the daughter of Captain John Robert Bourke and Jane Percival
Daughter of Col.William Percival of Wilton, Co.Limerick and sister of Elizabeth Percival who married Rev.John Pennefather
And Edward Roche is the son of Nicholas Roche of VANCLUSE (i.e Vauchluse) married on the 10th June 1800 to Leitita BOURKE a widow formerly married in 1795 to Herbert Rawson Stepney or Stephney (MLB Cashel & Emly 1795 and also MLB Cashel & Emly 1800). She died 1847 a widow at VANCLUSE (i.e Vauchluse).
Maria Theresa Bourke meets Edward Roche at 'Moatville', her family home in Co. Tipperary, Ireland. The year is around 1831, turbulent times in Ireland. He is much younger than her, gentle and highly sensitive but expected by his family to enter the British military service at this point in his life.

Maria Theresa is already past the age of first marriage, strong willed and intelligent. She has been a key figure in family discussions on the colonies of the "New World" and is well informed.

Maria Theresa and Edward fall in love, and conceive a child (This child dies on the voyage to Australia and Maria Theresa's recall of her time of death and her age, in a later document is not correct).

Maria's second cousin Sir Richard Bourke left his beloved Irish home at 'Thornfield', Limerick to take up the position of Governor of the Colony of New South Wales, arriving in Sydney in December 1831. Maria had often discussed with him and his wife ideas on the development of the colony and particularly, the need to encourage free settlers. These discussions suggest there will be employment and opportunities for any free settler, including those with limited capital.

Maria and Edward complete a Marriage Bond in Killaloe, Limerick in1832 in the names of Maria Theresa Burke and Edward Roche. They marry at Eglish, County Tipperary in 1832. Their first child, Jane Elizabeth, named for Maria's beloved mother and her aunt, is born at 'Moatville" in 1833.

Edward Roche begins to lease out their lands in Ireland. He is not attracted to the Military life. They have planned all along to emigrate. A group of intending free settlers hire the vessel 'Medora', captained by James Tweedie and sail from Liverpool in 1834, calling at Batavia (Jakarta) Oct 22 and arriving in Sydney on 14 December 1834.

On this voyage their first born, Jane Elizabeth dies. Maria is heavily pregnant and gives birth to their first son on 15^th November 1834. He will be christened Edward James Roche in Sydney in December 1834.

Under the patronage of the Governor, Edward gets a position as Postmaster up country at Bungonia / Inverary.

This does not suit him in terms of salary or location. In 1836 he gets a second position as Chief Constable in the Department of Police at Yass, some hundred miles from Sydney Town. They like this less. Conditions are extremely primitive and summers unbearably hot. Their second son, christened John Burke Roche in Sydney, is born here on 15^th September 1836. Edward, or his wife, receives salary for this position until February 1838.

It is important to note that the Government set up the Blue books, these books outline who is who and their positions held in Australia at the time. The blue books state that Edward Roche was Chief Constable yass from I think would be mid 1837 until around late 1838. after this time he disappears, after speaking to the State trustees in Canberra and others in Government it is highly unusual given the level of position and that all appointments were meticulously layed out in the blue books that there would not be a mention of hi. He is neither registered as died, left post, transferred. this leaves me to believe that he left back for Ireland sometime in mid/late 1838. ( I could be wrong but have yet to find the data)

After speaking to the Yass police and Historical society they do not have him registered as been there. and will not discuss the matter further.

I also note that before taking a position as Postmaster at Bungonia he was also clerk of the court there, which is mentioned in the link in the link bar.

Maria Theresa remains in Sydney for two years. Seeing opportunities in real estate, and having established some contacts in Melbourne, she sails there with her two children in 1840. She rents property and runs a boarding house there until, on the death of her cousin Westby Percival, she inherits (Pounds) 500.

In Melbourne in 1843, Maria Theresa Roche gives birth to an illegitimate child to one James Faull. She christens the girl Elizabeth James Roche. Although the record of the christening with birth date exist, she later claims, under oath, that this is the child of Edmund Burke Roche.

There is now no question of any reconciliation for either of them. They have established separate lives as far from each other as possible. Maria is a strong woman as shown by the Indenture she ensures her second husband signs prior to their marriage in 1853. In this she ensures all three children are recognized in law as the children of Edmund Burke Roche, and that all children will inherit in equal shares with none of her money going to her intended husband, Henry Cole. As it ensues, Henry dies in 1859, only six years later.

Some time after 1869, Maria Theresa Roche moves to Greymouth, New Zealand to be near her daughter Mary James Shannon and her son Edward Burke Roche who has established himself as a Mason and highly respected bookseller in the town with a family of seven children.

Maria dies in Greymouth in 1893, but the stories, and some documents related to her connection to the wealthy landed of Ireland, are passed between the generations and never forgotten. Who composed her Obituary? Maria Theresa Roche herself?

"Roche - At Greymouth, New Zealand, on July 3rd. 1893, in her 87th year.
Maria Theresa, relic of the late Edward Roche, of Tourlager (Vauclaus)., Co. Limerick, and daughter of the late Captain John Robert Bourke, and Jane Percival, of Moatville, Co. Tipperary, Ireland, and second cousin to the late Sir Richard Bourke, Governor General of New South Wales, and first cousin to the late General Sir John Pennefather a colonist of 60 years.
A warmer heart, death ne'er made cold." From: Grey River Argus, Thursday, July 6 1893