Statutes of Kilkenny

From Wikipedia, the free encyclopedia

The Statutes of Kilkenny were a series of thirty-six acts passed at Kilkenny in 1366, aimed at curbing the decline of the Hiberno-Norman Lordship of Ireland.

Contents

[edit] Background to the Statutes

Since the middle decades of the 13th century, the Hiberno-Norman presence in Ireland had come under threat from various Irish kings[citation needed]. By the 1360s, many Hiberno-Normans had taken up Irish law, custom, costume and language, to the point where they were becoming "more Irish than the Irish themselves." They forbode the intermarriage between the native Irish and the native English, the English fostering of Irish children, the English adoption of Irish children, use of Irish names and dress ("Gaelicization" 191). The most famous example of these changes occurred as a result of the de Burgh or Burke Civil War of 1333-38, which led to the disintegration of the estate of the Earldom of Ulster into three separate lordships, two of which were in outright rebellion against the crown[citation needed]. Those English colonists who did not know how to speak English were required to learn, along with many other English customs. For example, many English colonists had adopted the Irish game of hurling, but they were forced to abandon these tactics and begin play with English bows and lances instead ("Writing in Ireland" 214).

Much of the territorial gains that Hiberno-Norman families such as de Bermingham, Butler, fitz Gerald, le Poer and Sweetman had made were, when not later lost to Irish Kings and Lords, sometimes subject to their authority. Such incidents constituted a loss the colony could not afford if it were to merely sustain itself; with this in mind, a parliament held at Kilkenny in 1367 enacted statutes aimed at stemming the tide.

The prime author of the statutes was Lionel of Antwerp, better known as the Duke of Clarence. He was also the 4th Earl of Ulster by right of his marriage to Elizabeth de Burgh, 4th Countess of Ulster. As he was thus entitled to the huge de Burgh Lordship (encompassing large areas of Ulster, Connacht and Munster), he had a vested interest in turning the tide back in favor of the Hiberno-Normans.[citation needed]

[edit] The Legislation

The opening section of the statutes begins:

"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 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 and alliances between themselves and the Irish enemies aforesaid; whereby the said land, and the liege people thereof, the English language, the allegiance 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.">[1]

Statute II outlined the decay of English influence in the colony and the manner in which to prevent its going any further:

"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 between the English and Irish of one part, or of the other part; and that no Englishman, nor other person, being at peace, do give 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."[2]

Other statutes "ordained and established that"

  • "every Englishman do use the 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" (II)

*" that no Englishman, having disputes with any other Englishman, shall henceforth ... be governed in the termination of their disputes by March law nor Brehon law, " (III)

*" that no Irishman of the nations of the Irish be admitted into any cathedral or collegiate church by provision, collation, or presentation of any person, nor to any benefice of Holy Church, amongst the English of the land" (XIII)

[edit] Failure of Statutes

While the Statutes were sweeping in scope and aim, Clarence never had the resources to fully implement them[citation needed].

Clarence was forced to leave Ireland the following year, and Hiberno-Norman Ireland continued its long decline. Only at the beginning of the 17th century would another attempt to colonise Ireland begin to make appreciable gains. The Statutes of Kilkenny ultimately helped to create the complete estrangement of the two "races" in Ireland for almost three centuries ("The Statutes of Kilkenny" 792).

A good general overview of the statutes can be found in G.J. Hand, 'The Forgotten Statutes of Kilkenny: A Brief Survey,' Irish Jurist, 1: 2 (Winter 1966), but there remains a great deal more to be researched on the issues surrounding this legislation.

[edit] See also

[edit] Sources

  • Dolan, Terrence. "Writing in Ireland." The Cambridge History of Medieval Literature. 1st ed. 1999.
  • Simms, Katherine. "Gaelicization." Medieval Ireland An Encyclopedia. 1st ed. Routledge 2005.
  • Statutes of Kilkenny
  • "The Statutes of Kilkenny." Encyclopedia of Irish History and Culture. 1st ed. Thompson Gale 2004.

[edit] References

  1. ^ http://www.uhb.fr/langues/cei/statkkgb.htm Statutes of Kilkenny
  2. ^ http://www.uhb.fr/langues/cei/statkkgb.htm Statutes of Kilkenny