Ireland and gave nothing in return. They were ordered to provide an army suitable for the King’s son Lionel, Duke of Clarence and Earl of Ulster by marriage, who proceeded to Ireland as Viceroy. He was accompanied by his wife, but failed, as D’Ufford had done, to obtain any profit from her lordship of Ulster, and was scarcely successful even against the clans near Dublin. The O’Byrnes and O’Tooles cut off many of his English soldiers, and the Duke was obliged to seek aid from the more experienced colonists. Like many governors who have come to Ireland with great pretensions, Lionel found his position most humiliating, and he spent a great part of his time in England. His authority was delegated to deputies, and the feuds between English by blood and English by birth ran higher than ever. In 1367 he returned and summoned a Parliament, whose enactments gave legal sanction to the fact that the King was no longer lord of more than a comparatively small portion of Ireland.
The statute of Kilkenny contains a great many rather heterogeneous rules. What makes it of such great importance is its formal recognition of the existence of an English Pale, and of a hostile Irish people outside it. The word Pale may not have been in use for a century later, but the thing was fully established.
Composition of the Parliament of Kilkenny.
The Parliament of Kilkenny did not, however, confine its attention to the narrow limits of the ‘four obedient shires.’ The distinction between English and Irish land was conceded, but it was still hoped that most of the shireland would be preserved to English law. The sheriffs or seneschals of ten counties or liberties, comprising all Leinster, except the modern King’s and Queen’s Counties, as well as Tipperary and Waterford, were required to produce their accounts at Dublin; but those of Connaught, Kerry, Cork, and Limerick were excused on account of distance, and were required only to attend commissioners of the exchequer when they came to their bailiwicks, and to render an account to them. Ulster, the Duchess of Clarence’s patrimony, is not even mentioned by her husband’s Parliament. Of the composition of that assembly we have no record, but it was attended by the Archbishops of Dublin, Cashel, and Tuam, and by the Bishops of Waterford and Lismore, Killaloe, Ossory, Leighlin, and Cloyne. The Archbishops of Cashel and Tuam and the Bishop of Killaloe were Irishmen; the rest were of English race, and some of them born in England.
The Statute of Kilkenny endeavours to separate the two races.
The statute begins by reciting that for a long time after the conquest the English in Ireland spoke English, and in general behaved like Englishmen; but that of late years many had fallen away and adopted the Irish language and habits, whereby the King’s authority and the English interest were depressed, and the Irish enemy ‘against reason’ exalted. In order to remedy this marriage, fosterage, gossipred, and even concubinage with the Irish was declared high treason. Supplying horses and armour to Irishmen at any time was visited with like penalties, and so was furnishing them with provisions in time of war. Englishmen and even Irishmen living among the English were to speak English, to bear English names only, and to ride and dress in the English fashion, on pain of forfeiture until they should submit and find security. If they had no lands they might lie in prison till security was forthcoming. Special penalties were provided for offenders who had 100l. a year in land. The English born in Ireland and in England were to be in all respects equal, and were not to call each other English hobbe or Irish dog, on pain of a year’s imprisonment and a fine at the King’s pleasure. War with the Irish was inculcated as a solemn duty, and the practice of buying off invasions was condemned. The end aimed at was that Irish enemies should be finally destroyed, and many minute rules were made for arming the colony properly. The rude Irish game of hurling was discountenanced, and the borderers were enjoined to make themselves fit for constant war by practising such gentlemanlike sports as archery and lance-play. Imprisonment and fine were to follow a neglect of these precepts. Provision was made to prevent the Irish from forestalling the markets by establishing fairs of their own, and from grazing their cattle in the settled districts. Very severe regulations were made against Irish hangers-on—pipers to wit, story-tellers, babblers, and rhymers, all of whom acted habitually as spies. The keeping of kerne and idlemen, armed or unarmed, at the expense of other people, was sternly forbidden, and qualified as open robbery. It became, nevertheless, the greatest and commonest of all abuses. Private war among the English was to be punished as high treason, and so was the common practice of enticing friendly Irishmen to acts of violence.
The Statute of Kilkenny respects the Church, but makes distinctions.
The rights and privileges of Holy Church were jealously guarded by the Parliament of Kilkenny. Persons excommunicated for infringing her franchises were to be imprisoned by the civil power until restitution was made. Tithes were specially protected, and the excommunicated were not to be countenanced by King or people. But the distinction between the hostile races was maintained in matters ecclesiastical. No Irishman was to be admitted by provision, collation, or presentation among the English. Such preferments were declared void, and the next presentation was to lapse to the Crown. Religious houses situated among the English were strictly forbidden to receive Irishmen, but Englishmen by birth and by blood were given equal rights. The Irish prelates present probably found no difficulty in accepting these principles, for they might, and did, retaliate by refusing to receive English clerks in Irish districts. The Archbishops and Bishops assembled at Kilkenny lent a special sanction to the statute by agreeing to excommunicate all who broke it, and they declared such offenders duly excommunicated in advance.
Effects of the Statute of Kilkenny.
Sir John Davies, with less than his usual accuracy, has declared that ‘the execution of these laws, together with the presence of the King’s son, made a notable alteration in the state and manners of the people within the space of seven years, which was the term of this prince’s lieutenancy.’ Now, the Statute of Kilkenny was not passed till 1367, and Lionel died in 1368. The Act of Henry III., on which Davies chiefly founded his statement, says the land continued in prosperity and honour while the Kilkenny laws were executed, and fell to ruin and desolation upon their falling into abeyance. But the annalists tell a different story, and it is not easy to say what those fat years were. In 1370, only three years after the passing of the much vaunted statute, the Earl of Desmond and others were taken prisoners by the O’Briens and Macnamaras, and the deputy, Sir William de Windsor, was obliged to leave the O’Tooles unchastised in order to hurry to the defence of Munster. Newcastle, within a day’s ride from Dublin, was taken and dismantled. The judges could not get as far as Carlow. In 1377 the O’Farrells gained a great advantage over the English of Meath. The general result of the fighting during the ten years which followed the Parliament of Kilkenny was that the Irish retained possession of at least all which they had previously won. What the statute really did was to separate the two races more completely.
Edward III. weakens the colony by drawing men from it.
Edward III. repeated his grandfather’s mistake, and drew away many of the colonists to his Scotch and Continental wars. An Anglo-Irish contingent fought at Halidon Hill, and it was while making preparations for that campaign that the Earl of Ulster lost his life. Ireland was also well represented at Creçy, and many brave men fell victims to disease at Calais. The Viceroys sent over from time to time seem to have been regarded as licensed oppressors, and it is recorded of many that they left Dublin without paying their debts. Sir Thomas Rokeby, who was Deputy in 1349 and 1356, is praised by the contemporary chronicler Pembridge for beating the Irish well, and for paying his way honestly. ‘I will,’ he said, ‘use wooden cups and platters, but give gold and silver for my food and clothes, and for the men in my pay.’ That this golden saying, as Davies calls it, should have been thought worth recording shows what the general practice was. The three great pestilences which ravaged England ran their course in Ireland also. It was to the first of these visitations that the annalist Clyn succumbed. ‘I have,’ he records, ‘well weighed what I have written, as befits a man who dwells among the dead in daily expectation of death; and lest the writer should perish with the writing, and the work with the workman, I leave parchment for a continuation, if by chance any of the race of Adam should escape this plague and resume my unfinished
