

#A Statute of the Fortieth Year of King Edward III., enacted in a parliament held in Kilkenny, A.D. 1367, before Lionel Duke of Clarence, Lord Lieutenant of Ireland.


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#### Corpus of Electronic Texts Edition


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A Statute of the Fortieth Year of King Edward III., enacted in a parliament held in Kilkenny, A.D. 1367, before Lionel Duke of Clarence, Lord Lieutenant of Ireland.
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Author: [unknown]
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James Hardimantranslated by James Hardiman

Electronic edition compiled and proof-corrections by Karen O'Brien

Funded by University College Cork 2. Second draft.Extent of text: 8745 words#### Publication


CELT: Corpus of Electronic Texts: a project of University College Cork  
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 (1998) (2011) Distributed by CELT online at University College, Cork, Ireland.  
Text ID Number: T300001-00Availability [RESTRICTED] 
Available with prior consent of the CELT programme for purposes of academic research and teaching only.


#### Notes

Hardiman, in his edition, does not clarify conventions used. Thus the text is presented *as is*.

#### Sources


**Manuscript sources**2. London, Lambeth Palace Library, Carew MS 603, fol. 165–172.
3. London, British Library, Titus B.XI, fol. 129.
4. London, Lambeth Palace Library, MS 608, fol. 1–8.
**Editions**2. H. F. Berry (ed.), [Statutes of Kilkenny], in, Statutes and Ordinances, and Acts of the Parliament of Ireland. King John to Henry V. (Dublin: His Majesty's Stationery Office, 1907), 430–469. Text and translation.
3. James Hardiman, A Statute of the Fortieth Year of King Edward III., enacted in a parliament held in Kilkenny, A.D. 1367, before Lionel Duke of Clarence, Lord Lieutenant of Ireland, Tracts relating to Ireland 2 (Dublin: Irish Archaeological Society, 1843).
**Select bibliography**2. Henry F. Berry (ed.), [Ordinances of Kilkenny], in, Statutes and Ordinances, and Acts of the Parliament of Ireland. King John to Henry V. (Dublin: His Majesty's Stationery Office 1907), 374–397. Text and translation.
3. E. Curtis, History of Mediaeval Ireland from 1086 to 1513 2nd ed. (London 1938), 231–236.
4. E. Curtis and R. B. McDowell, Irish Historical Documents (London 1943).
5. Marie Therese Flanagan, Irish society, Anglo-Norman settlers, Angevin kingship: interactions in Ireland in the late twelfth century (Oxford: Clarendon Press 1989).
6. Aubrey Gwynn, 'Provincial and diocesan decrees of the diocese of Dublin during the Anglo-Norman period,' Archivium Hibernicum 11 (1944) 31–117.
7. G. J. Hand, 'The Forgotten Statutes of Kilkenny: A Brief Survey,' Irish Jurist, 1: 2 (Winter 1966) 299–312.
8. G. J. Hand, English Law in Ireland (Cambridge 1967).
9. J. Lydon, 'The Irish Church and Taxation in the Fourteenth Century,' Irish Ecclesiastical Record 103 (1965) 158–165.
10. Henry J. Monck Mason, Essay on the Antiquity and Constitution of Parliament in Ireland (Dublin 1820).
11. Henry Morley (ed.), Sir John Davies, A discovery of the true causes why Ireland was never entirely subdued (1612), in: Ireland under Elizabeth and James I (London: 1890), 309–11.
12. Annette Jocelyn Otway-Ruthven, 'Anglo-Irish shire government in the thirteenth century,' Irish Historical Studies 5 (1946–7) 1–28.
13. A. J. Otway-Ruthven, The native Irish and English law in medieval Ireland (Dublin: Hodges, Figgis & Co. 1951). 16pp.
14. A. J. Otway-Ruthven, 'The medieval county of Kildare,' Irish Historical Studies 11 (1958–9) 181–99.
15. A.J. Otway-Ruthven, A History of Medieval Ireland (London: Ernest Benn Ltd 1968).
16. England and Ireland in the later Middle Ages: essays in honour of Jocelyn Otway-Ruthven (Dublin: Irish Academic Press 1981).
17. Henry Gerald Richardson & G.O. Sayles, Parliaments and Councils of Mediaeval Ireland, Irish Manuscripts Commission (1947).
18. H.G. Richardson & G.O. Sayles, The Irish Parliament in the Middle Ages (Philadelphia: University of Pennsylvania Press 1952). Études
présentées à la Commission internationale pour l'histoire des assemblées d'États, 10.
19. H. G. Richardson, 'Irish Revenue, 1278–1384,' Proceedings of the Royal Irish Academy 62 C (1962) 87–100.
20. H. G. Richardson, The Administration of Ireland, 1172–1377, Irish Manuscripts Commission 1964.
21. H. G. Richardson, Parliament in Medieval Ireland (Dundalk: Dundalgan Press 1964). Medieval Irish History series 1.
**The edition used in the digital edition**2. **James Hardiman**, A Statute of the Fortieth Year of King Edward III., enacted in a parliament held in Kilkenny, A.D. 1367, before Lionel Duke of Clarence, Lord Lieutenant of Ireland English translation in Tracts relating to Ireland, Ed. . , Dublin, Irish Archaeological Society (1843) volume 2 3–121

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Created: By James Hardiman 
 (1843) #### Use of language


##### Language: [EN] The text is in English.


### Revision History


* (2011-02-04) Beatrix Färber (ed.)

* Header updated; new wordcount made.
* (2008-10-26) Beatrix Färber (ed.)

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* (2008-07-28) Beatrix Färber (ed.)

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* (1998-04-28) Karen O'Brien (ed.)

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* (1998-04-28) Karen O'Brien (ed.)

* Text proofed (1) from hard-copy; structural mark-up inserted.
* (1998-03-10) Margaret Lantry (ed.)

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#### Corpus of Electronic Texts Edition: T300001-001


### A Statute of the Fortieth Year of King Edward III., enacted in a parliament held in Kilkenny, A.D. 1367, before Lionel Duke of Clarence, Lord Lieutenant of Ireland.: Author: [unknown]


### The Statute of Kilkenny, which was enacted there in the Time of Lionel Duke of Clarence, In the 40th Year of the Reign of Edward III. from the Conquest of England.


Whereas at the conquest of the land of Ireland, and for a long time after, the English of the said land used the English language, mode of riding and apparel, and were governed and ruled, both they and their subjects called Betaghes, according to the English law, in which time God and holy Church, and their franchises according to their condition were maintained *and themselves lived* in *due* subjection; but now many English of the said land, forsaking the English language, manners, mode of


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 riding, laws and usages, live and govern themselves according to the manners, fashion, and language of the Irish enemies; and also have made divers marriages


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 and alliances between themselves and the Irish enemies aforesaid; whereby the said land, and the liege people thereof, the English language, the allagiance due to our lord the king, and the English laws there, are put in subjection and decayed, and the Irish enemies exalted and raised up, contrary to reason; our lord the king
considering the mischiefs aforesaid, in the consequence of the grievous complaints of the commons of his said land, called to his parliament held at Kilkenny, the Thursday next after the day of Cinders *Ash Wednesday* in the fortieth year of his reign, before his well-beloved son, Lionel Duke of Clarence, his lieutenant in his parts of Ireland, to the honour of God and His glorious Mother, and of holy Church, and for the good government of the said land, and quiet of the people, and for the better observation of the laws, and punishment of evils doers there, are ordained and established by our said lord the king,and his said lieutenant, and our lord the king's counsel there, which the assent of the archbishops, bishops, abbots and priors (as to what appertains to them to assent


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 to), the earls, barons, and others the commons of the said land, at the said parliament there being and assembled, the ordinances and articles under written, to be held and kept perpetually upon the pains contained therein.


I. First, it is ordained, agreed to, and
established, that holy Church shall be free, and have all her franchises
without injury, according to the franchises ordained and granted by our
lord the king, or his progenitors, by *any* statute or ordinance made in
England or in Ireland heretofore; and if any (which God forbid) do to
the contrary, and be excommunicated by the ordinary of the place for
that cause, so that satisfaction be not made to God and holy Church by
the party so excommunicated, within the month after such
excommunication, that then, after certificate thereupon being made, by
the said ordinary, into the Chancery, a writ shall be directed to the
sheriff, mayor, seneschal of franchise, or other officers of our lord
the king, to take his body, and to keep him in prison without enlarging
him by mainprize or bail, until satisfaction be made to God and holy
Church, notwithstanding that the forty days be not passed; and that no
prohibition from Chancery be henceforth granted in any suit against the
franchise of holy Church; saving at all times the right for our lord the
king, and of his crown; so that the franchises of holy Church be not
overturned or injured; and in case that by suggestion of the party
prohibition be granted, that as soon as the articles of franchise shall
be shown by the ordinary in the Chancery, a consultation shall thereupon
be granted to him without delay.


II. Also, it is ordained and established, that no alliance by marriage,
gossipred, fostering of children, concubinage or by amour, nor in any
other manner, be hencefoth made betweeen the English and Irish of one
part, or of the other part; and that no Englishman, nor other person,
being at peace, do give


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 or sell to any Irishman, in time of
peace or war, horses or armour, nor any manner of victuals in time of
war; and if any shall do to the contrary, and thereof be attainted, he
shall have judgment of life and member, as a traitor to our lord the
king.


III. Also, it is ordained and established, that every Englishman
do use the


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 English language, and be named by an English
name, leaving off entirely the manner of naming used by the Irish; and
that every Englishman use the English custom, fashion, mode of riding
and apparel, according to his estate; and if any English, or Irish
living amongst the English, use the Irish language amongst themselves,
contrary to the ordinance, and therof be attainted, his lands and
tenements, if he have any, shall be seized into the hands of his
immediate lord,


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 until he shall come to one of the places of
our lord the king, and find sufficient surety to adopt and use the
English language, and then he shall have restitution of his said lands
or tenements, his body shall be taken by any of the officers of our lord
the king, and commited to the next gaol, there to remain until he, or
some other in his name, shall find sufficient surety in the manner
aforesaid: And that no Englishman who shall have the value of one
hundred pounds of land or of rent by the year, shall ride otherwise
than on a saddle in the English fashion; and he that shall do to the
contrary, and shall be thereof attainted, his horse shall be forfeited
to our lord the king, and his body shall be committed to prison, until
he pay a fine according to the king's pleasure for the contempt
aforesaid; and also, that beneficed persons of holy Church, living
amongst the English, shall have the issues of their benefices until they
use the English language in


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 the manner aforesaid; and they
shall have respite in order to learn the English language, and to
provide saddles, between this and the feast of Saint Michael next
coming.


IV. Also, whereas diversity of government and different laws in
the same land cause difference in allegiance, and disputes among the
people; it is agreed and established, that no Englishman, having
disputes with any other Englishman, shall henceforth make caption, or
take pledge, distress or vengeance against any other, whereby the people
may be troubled, but that they shall sue each other at the common law;
and that no Englishman be governed in the termination of their disputes
by March law nor Brehon law, which reasonably ought


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 not to,
be called law, being a bad custom; but they shall be governed, as
right is, by the common law of the land, as liege subjects of
our lord the king; and if any do to the contrary, and thereof be
attainted, he shall be taken and imprisoned and adjudged as a
traitor; and that no difference of allegiance shall henceforth be
made between the english born in born in Ireland, and the English
born in England, by calling them English hobbe, or Irish dog,
but that all be called by one, name, the English lieges of our Lord the king;
and he who shall be found *doing* to the contrary,
shall be punished by imprisonment for a year, and afterwards
fined, at the king's pleasure; and by this ordinance it is not
the intention of our Lord the king *but* that it shall be lawful
for any one that he may take distress for service and rents due to
them, and for damage feasant as the common law requires.


V. Also, whereas the liege people of our lord the king of his land of
Ireland, or the wars of the same land cannot reasonably be
controlled, unless the sale of victuals be reasonably regulated,
it is ordained and established as to the merchandizes which are come,
or shall come, to the same land by any merchants, and at whatever port,
town or city they shall arrive, that before the said merchandizes


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be put up to sale, the mayor, sovereign, bailiff, or other
officer who shall have care of the place where the said
merchandizes shall be sold, do cause to come before them two of the
most respectable and sufficient men of the said place, who meddle not in
such merchandizes, and that the said mayor, seneschal, sovereign
or bailiff; with the said two persons, do cause to come before them the
merchants to whom the said merchandizes shall belong, and the
sailors, and they shall be sworn truly to tell und show the amount of
the first purchase *prime cost* of the said merchandizes, and of
the expenses on them to the port, and thereupon that a reasonable
price be put upon the said merchandizes by the said mayor, seneschal,
bailiff or provost, and by the two discreet men aforesaid, without
favour, as they may be able to vouch before our lord the king's council
of these parts; and at such prices they shall be sold, without more
being taken for them, upon forfeiture of the same, although the
said merchandizes should have there become chargeable afterwards.




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VI. Also, whereas a land, which is at war, requires that every person
do render himself able to defend himself, it is ordained, and
established, that the commons of the said land of Ireland, who are in
the different marches at war, do not, henceforth, use the plays which
men call horlings, with great sticks *and a ball* upon the ground,
from which great evils and maims have arisen, to the weakening, of
the defence of the said land, and other plays which men call coiting;
but that they do apply and accustom themselves to use and draw bows,
and throw lances, and other gentlemanlike games, whereby the Irish
enemies may be the better checked by the liege people and commons of
these parts; and if any do or practise the contrary, and of this be
attainted, they shall be taken and imprisoned, and fined at the will
of our lord the king.




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Vll. Also, whereas by conspiracies, confederacies, champerties,
maintainors of quarrel, false swearers, retainers, sharers of
damages, the liege commons of the


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said land in pursuit of their rights are much disturbed,
aggrieved, and deprived of their inheritance; it is
ordained and established, that diligent inquiry be made of such in every county,
by the Justices to hold pleas in the chief place,
and of their maintainors, and that due and expeditious execution
be had against those who shall be attainted thereof, according to the form of the Statute
in this respect made in England, without fine or redemption to be taken of
them, that others may, by such speedy execution, be deterred from doing or maintaining
such horrible acts contrary to law, in grievance of the said liege commons:
and that, thereupon, the archbishops and bishops of the said land, each within his diocese,
shall have letters patent of our lord the king, from his chancery of Ireland,
to inquire of the articles aforesaid when they think fit; and, thereupon,
according to the law of holy Church to proceed against them by censures, and to
certify into the said Chancery the names *of those* who shall be before them
found guilty thereof, so that our lord the king, to the honour of
God and the holy Church, the government of his laws, and the preservation
of his said people, may inflict due punishment for the same.


VIII. Also, whereas, of right, no lay person whatsoever ought to meddle with tithes,
or any spiritual goods, against the will of the governors of the Church,


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to whom tithes or such spiritual goods belong, it is ordained and
established, that no man, great or little, shall interfere with or take by sale,
in any other manner,


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manner, the tithes appertaining to holy Church or religion, by
extortion or menace, nor at a less price than they may be sold at to
another, against the will of him to whom the said tithes belong,
and he who does to the contrary, and hereof shall be attainted, shall
make restitution to him who shall be aggrieved, if he will
complain, of the double of the said price, and make fine at the
king's pleasure.


IX. Also, whereas *persons guilty of* disobedience to
God and holy Church, and put out of the communion of Christians,
cannot, nor ought, of right, to be received to the favour of our lord
the king, or to the communion of his officers; it is ordained and
established, that when the archbishops, bishops and other prelates
of holy Chhrch, have excommunicated, interdicted or fulminated


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 the censures of holy Church against any English person or Irish, for
reasonable cause, at the request of our lord the king, or ex-officio,
or at the suit of the party, that after the notification of these censures
shall come to our lord the king, nor into communion or alliance with his
ministers, nor to maintenance in their error by any of the liege people,
until they shall have made satisfaction to God and holy Church, and shall
be restored as the law of holy Church requires; and if a maintainor of such excommunicated
person be found and attainted against the ordinance aforesaid, he shall
be taken and imprisoned, and fined at the king's will.


X. Also, whereas divers wars have often heretofore been commenced and not


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continued, nor brought to a good termination, but by the party
taking from the enemy at their departure a small tribute,
whereby the said enemies were and are the more emboldened to
renew the war; it is agreed and established, that any war which
shall be commenced hereafter, shall be undertaken by the council


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of our lord the king, by the advice of the lords, commons, and
inhabitants of the marches of the county where the war shall
arise; and shall be continued, and finished and supplied, by their
advice and counsel; so that the Irish enemies shall not be
admitted to peace, until they shall be finally destroyed, or shall
make restitution fully of the costs and charges expended upon that war
by their default and rebellion, and make reparation to those by whom
the said charges and costs were incurred, and moreover, pay a fine for the contempt
at the king's will; and in case that hostages be taken and given to our lord
the king, or to his officers, for keeping the peace, by any of the Irish, that,
if they shall renew the war against the form of their peace, execution of their said
hostages shall without


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without delay or favour be made, according to the ancient customs of
the said land in such case used.


XI. Also for the better maintaining of peace, and doing right, as well to the Irish


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Irish enemies being at peace as to the English, it is ordained and established,
that if any Irishman, being at peace, by borrowing, or purchase of merchandize,
or in any other manner, become debtor to an English, or Irishman being at peace, that for this cause no other
Irish person belonging to him, under him, or in subjectiom to him, nor his goods, shall
be seized nor ransomed for such debt; but his remedy shall be against the principal debtor,
as the law requires. Let him be well advised to give his merchandise to such
person as he can have recovery from.


XII. Also, it is ordained and established, that in every peace to be henceforth
made, between our lord the king and his liege English of the one part,
and the Irish of the other part, in every march of the land, there shall be comprised
the point which follows, that is to say, that no Irishman shall pasture or occupy


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the lands belonging to English, or Irish being at peace,
against the will of the lords of the said lands; and if they
so do, that it shall be lawful for the said


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said lords to lead with them to their pound the said beasts so
feeding *or* occupying their said lands, in name of a
for their rent and their damages, so that the beasts be not divided
nor scattered as heretofore has been done; but that they be kept
altogether as they were taken, in order to deliver them to the party
in case that he shall come to make satisfaction to the lords of the
said lands reasonably, according to their demand;
and in case any one shall divide or separate from each other the beasts
so taken, he shall be punished as a robber and
disturber of the peace of our lord the king; and if any
Irish rise by force to the rescue of those reasonably taken, that
it is lawful for the said English to assist themselves by strong
hand, without being impeached in the court of our lord the king
on this account; and that no Englishman do take any distress upon
any Irishman


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of any part between this and the Feast of St. Michael next
to come; so that the Irish of every part may be warned in the
meantime.


XIII. Also, it it is ordained that no Irishman of the
nations of the Irish be admitted into any cathedral or collegiate
church by provision, collation, or presentation


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of any person, nor to any benefice of Holy Church,
amongst the English of the land; and that if any be admitted,
instituted or inducted, into such benefice, it be held for void,
and the king, shall have the presentation of the said benefice
for that avoidance, to whatever person the advowson of such benefice
may belong, saving their right to present or make collation
to the said benefice when it shall be vacant another time.


XIV. Also, it is ordained and established that no religious house
which is situate


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amongst the English *be it exempt or not,*, shall
henceforth receive any Irishmen to their profession, but may
receive Englishmen without taking into consideration


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whether they be born in England or in Ireland; and that any that shall
act otherwise, and thereof shall be attainted, their temporalties
shall be seized


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into the hands of our lord the king, so to remain at
his pleasure; and that no prelates of holy Church shall receive
any . . . to any orders without the assent and testimony of his
lord, given to him under his seal.


XV. Also, whereas the Irish agents who come amongst the English, spy out the secrets, plans,
and policies of the English, whereby great evils have often
resulted; it is agreed and forbidden, that any Irish agents, that
is to say, pipers, story-tellers, bablers, rimers, mowers, nor any
other Irish agent shall come


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amongst the English, and that no English shall receive or
make gift to such; and that shall do so, and be
attainted, shall be taken, and imprisoned,


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as well the Irish agents as the English who receive or
give them any thing, and after that they shall make fine at the
king's will; and the instruments of their agency shall forfeit to
our lord the king.


XVI. Also, it is agreed and assented, that no
man's escape henceforth shall be adjudged against any, by
any inquest of office, before the party against whom the escape
ought to be adjudged, be himself put to answer or
acknowledge the fact, or plea of record, although heretofore,
it has been otherwise practised.


XVII. Also it is agreed and assented that no man, of what estate or condition
he be, upon forfeiture of life or of members, shall keep kerns,
hoblers nor idlemen in land at peace, to aggrive the
loyal people of our lord the king; but


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that he who will have such shall keep them in the march at his
own expense, without taking anything from any person against his
will: and if it happen that any man, whether a kern or any
other, shall take any manner of victuals or other goods of any
other against his will, hue and cry shall be raised


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against him, and he shall be taken and committed to gaol if
he will surrender himself; and if not, but he rise to make
resistance by force, so that he will not suffer the attachment,
it shall be done to him as to open robbers; and such manner
of taking shall be considered a robbery; and in case such
malefactors fly from the attachment, so that no man can take them,
then his lord or leader shall answer for him, and shall
make satisfaction to the party who has been damaged; and if he
shall have made satisfaction to the party, the king shall end the
flight against him as well for himself as for the party; and
those who do not rise at such hue and cry shall be holden and
punished as maintainors of felons; and if any man keep or maintain
kerns, hoblers, or idlemen, otherwise than is
abovesaid, he shall be in judgment of life and members, and his
lands und tenements shall be forfeited.


XVIII. Also, that it shall
be proclaimed that all those who are now idlemen, and are willing
to take land of the king, shall come to the Lord duke, lieutenant of
our lord the king of Ireland, the chancellor or treasurer of the
king, and


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shall take waste lands of the king, in fee or to farm, and if
they wish to take of other lords, they shall come to them, or to their
seneschal, in like manner. And that no marcher, or other shall
hold parley or alliance with any Irish or English who shall be
against peace, without leave of the Court, or in the presence of
the sheriff of our lord the king, or the wardens of the peace, that
they may see that such parley or alliance is for common and not for
particular benefit; and he who does to the contrary, shall be
imprisoned, and make fine at the kings will.


XIX. Also, it is ordained
and established, that if any of the lineage, or of the adherents or
retainers of any chieftain of English lineage, within the land of


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lreland, whom the said chieftain can correct, shall commit any
trespass or felony, the said chieftain, after he shall have had
notice thereof; shall cause the said malefactor to be taken and
commit him to the next gaol, there to remain until he shall be
delivered by law; and if the said chieftain shall not do so, that
his body shall be taken for the said malefactor, and detained in
prison until the body of the malefactor be given up to the court
of our lord the King, to be amenable


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to justice as is above said; and nevertheless the said
chieftain for the contempt shall be fined at the king's will, and
make satisfaction to the party so aggrieved.


XX. Also, it is agreed and
assented that one peace and war be throughout the entire land, so that
if any Irish or English shall make a hostile inroad in any county,
the counties surrounding them shall make war and harrass them in
their marches, so soon as they shall be warned by the wardens of the
peace of the said county, or by the sheriff where the war shall
arise; and if they shall not so do, they shall be held as maintainors
of felons; and if they of the country where the war arises, suffer their
marches to be laid waste by the enemy, and will


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not rise to check the malice of the enemy after they shall
be reasonably warned by the wardens of the peace, or by the sheriff,
or proclamation has been made publicly throughout the said county,
that then they shall be considered as maintainors of felons.


XXI. Also, whereas divers people commit divers robberies and felonies in
franchises, and fly with their goods into guildable lands, so
that the officers of the franchises are unable to execute their office
there, or to take the felons or their goods, but they are there
with their goods received; and in like manner divers people who
commit divers robberies and felonies in guildable lands, fly with
their goods into franchises, so that the officers of our lord the
King cannot there execute their office, nor take the felons with their
goods, but they are there with their goods received: it is agreed
and assented that if any officer of a franchise make pursuit after
any such felon into guildable land, that those of the guildable land
shall assist to take such felon, and to deliver him to said officer,
together with the goods found with him, and thereupon deliver up both
his body and goods to the said officer to do that which to law
appertains; and that those of a franchise shall act in like manner
towards the sheriff of our lord the king, or his officers that shall
make pursuit after such felons, who commit felonies and fly with
their goods into franchises; and if any man commit felony in one
county, and fly into another county, or into a franchise, and shall
remain there, that the sheriff of that county where the felony was
committed shall have power to order by his precepts, the sheriffs or
seneschals of the parts where the said felon remains, as well within
franchises as without, to take the body of the said felon, and to send
it back; and that the said sheriffs and seneschals shall be obedient
each in such case to the order of the other. And if any person of
guildable land or of franchise shall rise in aid of such misdoers, so
that the officers cannot excecute their office on them, that they
shall be considered as notorious felons as those who commit the
robberies, and be punished in the same manner. And if the officers
aforesaid be remiss in the execution of the orders aforesaid,


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and thereof be attainted, that they shall be condemned to
prison, and make fine at the king's will. And it is not the
intention of the King nor of the council, that, by such entry into a
franchise, or order to the seneschal, the franchise shall be injured.


XXII. Also, whereas divers people enfeof their children or other
strangers of their lands, and give their goods and chattels by
fraud and collusion, in order to bar and delay our lord the King of
his debt, and parties of their action; and also make many feofments
of their lands and tenements, in order to have divers vouchers, and
abate writs; it is agreed and assented that if such alienors or
feoffors take the profit of the said lands and tenements after such
alienations or enfeofments made, that they, notwithstanding
the said feigned alienations or feofments made, shall be adjudged
tenants to all the writs purchased, and that they shall not vouch any
of the persons so enfeofed; and that our lord the King, and the
parties, shall have execution and recovery of the lands, goods and
chattels so aliened, as well as of the proper goods and chattels of
the said alienors; and if it happen that any man, in purposing to levy
war against the king, or to commit any felony, do enfeof any person of
his land, in order to commit such felonies and treasons after the
enfeofment, and if afterwards he be attainted of the treasons or
felonies abovesaid, that the lands aforesaid, into whatever hands
they shall come, shall be forfeited, notwithstanding the feofment, as
if they were in his hand the very clay of the felony committed: and
this ordenance shall have place in respect to feofments on this
account, as well heretofore made as hereafter to be made.


XXIII. Also, in every county there shall be appointed four of the most
substsntial men of the county, to be wardens of the peace, who
shall have full power


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to assess horsemen-at-arms, hoblers and footmen, each according
to the value and quantity of his lands, goods and chattels, so that
they shall be ready


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p.77



whensoever there shall be occasion for them, to arrest the malice
of the enemy, according, to what they shall be assessed by the
wardens aforesaid; and that the said wardens, after array made in
manner aforesaid, shall review the said men-at-arms, hoblers, and
footmen, from month to month, in a certain place in the county, where
they shall see best to do the same in ease of the people: and if the
said wardens shall find any rebel who will not obey their commands,
they shall have power to attach them, and commit them to the next gaol,
there to remain until the law shall take its course respecting them. And
if the wardens of the peace shall be remiss or negligent in performing
their duty, and thereof be attainted, that then they shall be taken and
imprisoned, and make fine at the king's will. And if any one so chosen
a warden shall refuse to receive the king's commission, he shall be
taken and imprisoned, and his lands seized into the hands of our lord
the king, and so shall remain until the king shall have otherwise
ordained concerning him; and the said wardens shall make oath legally
to perform their duty in the manner abovesaid.


XXIV. Also, it is ordained that the marshals of the one bench,
and of the other,


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and within franchises do not henceforth take for their fee
more than they take in England; that is to say five pence, as it has
been proved to the council that


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p.81



they do in England, according to the Statute in England in
this behalf provided; and this after a man shall be
acquitted or convicted, and finally delivered out of the court,
and not before; and if they do to the contrary, and thereof be
attainted, their bailiwicks, shall be seized into the king's hand at
the complaint of him who shall be aggrieved contrary to this
Statute, and shall moreover make satisfaction to those who shall
be so damaged by them, and be detained in prison until their
satisfaction be made. Also, that the marshal of the
Exchequer shall only take half a mark every term while a man
remains in his custody for arrears of account or for the king's
debt; and he who does to the contrary, and thereof shall be attainted,
shall suffer as is abovesaid. And that no constable of castles,
within


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p.83



franchise or without, shall take of any prisoner put into his
custody for his fee but only five pence, except the constable of the
Castle of Dyvelin,


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which is the king's chief castle in Ireland, by reason that it
has been proved to the council that he is entitled to take more, and
from ancient time has done so;


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and he who does otherwise, and thereof shall be attainted, his
office of constable shall be seized into the hands of the king, and he
who shall have acted so shall be taken and imprisoned until he make
satisfaction to the party, and pay a fine to the king. And that the
marshals or constables aforesaid within franchises or without, shall not
put the prisoners which they have in their custody to distress and
severity of punishment, for the purpose of obtaining individual profit
or suit; and if they shall do so they shall be taken and detained in
prison until they shall have rendered double to him from whom they have
received such wrongful profit, and shall moreover pay a fine to the
king. And hereupon writs shall be issued to every place of the land
where there is a marshal or constable, as well within franchise as
without, commanding the justice of each place, and also the treasurer
and barons of the Exchequer, to cause charge to be given to the marshal
of their place, that they do not take of any person otherwise than as
aforesaid; and to inquire from them from time to time respecting those
who do the contrary, and to punish them in the form abovesaid.


XXV. Also, it is ordained and established that if any man commit felony, and
shall fIy, or be attainted by outlawry, or in any other way, whereby his
goods and chattels shall be forfeited to the king, that the sheriffs of
the same county where the said felonies are committed shall seize the
said goods and chattels into the king's hands, into whatever hands they
may have afterwards come; and that our lord the king shall be answered
in respect thereof in their accounts; and if they put such goods and
chattels into any custody, they shall put


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them into such custody, that they will be able to answer
for them, and that such shall not be exchanged, as it has been
practised before this time.


XXVI. Also it is ordained that if truce or peace be made by the justices, or wardens of
the peace, or the sheriff, between English and Irish, and they
shall be


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p.91



broken by any English, and thereof be attainted, he shall be
taken and put in prison until satisfaction be made by him to those
who shall be disturbed *or* injured


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by that occasion, and he shall moreover make fine at the King's will; and if there is not
wherewith to make restitution to those who shall be injured, he
shall remain in perpetual confinement. And such wardens and sheriffs
shall have power to inquire concerning those who shall have broken
the peace.


XXVII. Also, it is ordained that if dispute shall arise
between English and English, whereby the English on one
side and on the other shall gather to


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p.95



to themselves English and Irish being at peace, there to remain to
make war upon and aggrieve the other, to the great damage and
destruction of the King's liege


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people; it is agreed and assented that no English shall be so
daring as to make war with each other, or henceforward to draw
away any English or Irish at peace for such purpose, and if they
shall so do, and thereof be attainted, there shall be judgement of
life and members, and their goods forfeited.




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XXVIII. Also, it is agreed that no man of what state or condition
he be, shall make any manner of disturbance against any of
the officers of our Lord the King, whereby he may be unable to
execute his office; and he who so does, and thereof shall be
attainted, shall be taken and imprisoned, and make fine at the King's
pleasure.


XXIX. Also it is ordained that no English, being common
malefactors, or common robbers or barrators, shall be maintained by any of the
King's court, nor by the great or little of the land, upon the peril that
awaits it, that is to say, that if he be a lord of the franchise, he shall lose his
franchise, and if any other person, he shall be taken and make fine at the King's pleasure.




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XXX. Also, it is ordained that the chief serjeants of fees, and their
attorneys, do duly execute the writs of the King, and of his
sheriffs, as they ought to do; and if they shall not so do, and thereof
be attainted, their bailiwicks shall be seised into the King's
hands, and their bodies be sent to prison: and that henceforth they
shall not lease their bailiwicks at a higher rent than anciently it
was, according to what by the Statute thereupon made in England is
ordained.


XXXI. Also, whereas the summonses of the Exchequer of
our Lord the King, of Ireland, come to divers sheriffs and
seneschals of franchise, to levy the debts of our Lord the King
off divers persons in their bailiwicks; the which sheriffs and
seneschals, together with the serjeants of counties and franchises
do accordingly Ievy divers sums of the said debts off divers persons of
counties *and* franchises, and do not discharge them in their
accounts at the Exchequer, but excuse themselves by the serjeants of
fee and their deputies, whereby the payment of the debts of our
Lord the King is so retarded and delayed, and the people


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greatly injured, in this respect, that they are not
discharged of the money that they have paid; it is agreed and
assented, that when the sheriffs and seneschals of Louth,
Meath, Trim, Dublin, Kildare, Catherlogh, Kilkenny, Wexford,
Waterford, and Tipperary, shall come to render up their
accounts before the


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p.105



treasurer and barons, of the issues of their bailiwicks, that the
serjeants of the fee that shall be present, and the deputies of
those that shall be out of the land, shall be distrained to come
into the Exchequer, and there remain with the said sheriffs and
seneschals, until the said sheriffs and seneschals shall have
fully accounted; and if it shall so be, that the said sheriffs
and seneschals can charge the said serjeants or their deputies,
that they have received the King's money of any one, and have
not made payment to the said sheriffs or seneschals, and they
thereupon shall be attainted, their bodies shall remain in custody
of the marshal, until satisfaction be made to our Lord the King,
for his money, in discharge of the debtors of our Lord the King, or
of the said sheriffs or seneschals, if they have wherewithal, and if
not, that they shall remain in prison until they be delivered by the
council, and nevertheless the sheriff and seneschals shall be
charged therewith in their accounts as before. And that all debts
levied by the serjeants be paid to the sheriffs by indenture made
between them; so that when the said serjeants shall come on
the account of the sheriff in the Exchequer, they may show their
indenture, and prove from whom they have received the King's
money, and from whom not. And whereas the counties of Connaught


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Kerry, Cork, and Limerick, are so far from the court,
that the serjeants of the said counties cannot conveniently come to
the said Exchequer, to be present on the accounts of the sheriffs
and seneschals of the said counties, as other serjeants


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p.109



do, it is agreed and assented that when one of the barons,
or a clerk assigned by the treasurer and baron, shall come by the
commission of the Exchequer to the parts aforesaid, in order to
examine the truth, and to deny the debt of our Lord the King, the
serjeants of the said counties or their deputies shall then remain with
the said baron or clerk, as long as the said sheriffs and seneschals
shall remain, and if it shall happen that they shall have received any
part thereof from any person, without making payment to the said
sheriffs or seneschals, in the manner aforesaid, that then they shall
be arrested, and suffer the punishment aforesaid.


XXXII. Also, whereas the fees of sheriffs are settled by statute, and the sheriffs in the land of Ireland take in their tourns of every barony in their
bailiwick,


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one mark yearly, and of every market town at a time, twenty
shillings, ten shillings, and half a mark, to the great oppression
of the people; it is agreed and assented that the aforesaid sheriffs
shall hold their tourns twice in the year, that is to say, after the
feast of Saint Michael, and after Easter; and that they shall take only
forty pence off every barony at each tourn, however numerous the market
towns or boroughs may be within the said barony: and if he be so paid
by the lord of the barony, unless he be requested or invited to eat he
shall take nothing; and that no clerks of the sheriffs on account of
such tourn shall take any thing; and also, that from henceforth no
money shall be levied out of any ploughland, nor in any other manner,
on account of executing this office, except half a mark yearly as is
aforesaid; and if any person shall act contrary to the ordinance
aforesaid, and thereof be attainted, he shall be committed to prison,
and moreover, shall render to those from whom he shall have taken any
thing of this account against the said ordinance, double thereof if
they will complain, and shall moreover make fine at the King's will.
And that no sheriffs of franchises, who of reason ought to have
certain fees from the lords of the said franchise for executing their
office, shall take any thing for their tourns from the people of their
bailiwicks, but shall consider themselves paid by what they shall
receive from the said lords of franchises; and if they do so, and
thereof be attainted, they shall suffer the same punishment.


XXXIII. Also, whereas the commons of the *said* land complain that they are in
divers ways distressed by want of servants, whereof the justices
appointed for


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labourers, are a great cause, by reason that the
common labourers are for the greatest part absent, and fly out of
the said land; it is agreed and assented, that, because living and
victuals are dearer than they were wont to be, each labourer in his
degree, according to the discretion of two of the most substantial and
discreet men of the city, town, borough, village, or hamlet, in
the country where he shall perform his labour, shall receive his
maintenance reasonably, in gross or by the day, and if they will not
do so, nor be obedient, they shall be taken before the mayor,
seneschal, sovereign, provost or baillif of the cities


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p.115



or towns where they are, or by the sheriff of the county, and
put in prison, until the coming of the justices assigned, who
will come twice in the year into every county *and* the justice of
the chief place, who shall award due punishment for the same,
and right to the parties who shall feel themselves aggrieved
thereby. And that no labour shall pass beyond sea; and in
case that he shall


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p.117



do so and shall return, he shall be taken and put in prison for a
year, and afterwards make fine at the King's will. And moreover,
writs shall be issued to the sheriffs, mayors, seneschals, sovereigns,
and bailiffs, of counties, cities and towns throughout the land where
the sea reaches, commanding them that they do not suffer any such
passage of labourers. And it is also agreed that the commissions
issued to justices of labourers in every county he repealed, and that
henceforth none such be granted.


XXXIV. Also, it is agreed and established, that in maintenance of the
execution of the Statutes aforesaid, two prudent men, learned in the law, having with them two
of the most substantial men of the county, by the King's council
associated, be assigned by commission to iquire twice a year in every
county respecting,


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p.119



those who shall break the articles aforesaid, and to
hear and determine such cases thereunder as shall come before
them by indictment, or at the suit of the party, and of the
different other articles which shall be contained in the said
commission, according to the penalties thereof in the said
statutes contained, without doing favour to any one, and to certify
unto the Chancery from time to time that which by them shall have
been done therein.


XXXV. Also, our lord the duke of Clarence, lieutenant
of our lord the King, in Ireland, and the council of our said lord
the King there, the earls, barons and commons of the land
aforesaid, at this present Parliament assembled, have requested the
archbishops and bishops, abbots, priors and other persons of religion,
that they do cause to be excommunicated, and do excommunicate the
persons contravening the statutes and ordinances aforesaid, and
the other censures of holy church to fulminate against
them, if any, by rebellion of heart, act against the statutes
and ordinances aforementioned. And we, Thomas archbishop of
Duvelin *Dublin*, Thomas archbishop of Cashel, John archbishop
of Thueme *Tuam*, Thomas bishop, of Lismore and Waterford,
Thomas bishop of Killalo, William bishop of Ossorie, John bishop of
Leighlin, and John bishop of Clon, being present in the said
parliament, at the request of our said most worthy lord the Duke of
Clarence, lieutenant of our lord the King, in Ireland, and


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the lords and commons aforesaid, against those contravening
the Statutes and ordenances aforesaid, passing over the time preceding,
do fulminate sentence of excommunication, and do
excommunicate them by this present writing, we and each of us
reserving absolution for ourselves and for our subjects if we
should be in peril of death.














