Statutes of Kilkenny
Encyclopedia
The Statutes of Kilkenny were a series of thirty-five acts passed at Kilkenny
in 1366, aiming to curb the decline of the Hiberno-Norman
Lordship of Ireland
.
presence in Ireland
was perceived to be under threat, mostly due to the dissolution of English laws and customs among English settlers. These English settlers were described as "more Irish than the Irish themselves
", referring to them taking up Irish law, custom, costume and language. The introduction to the text of the statutes claim ,
The statutes tried to prevent this "middle nation", which was neither true English nor Irish, by reasserting English culture among the English settlers.
There were also military threats to the Norman presence, such as the failed invasion by Robert Bruce
in 1315, which was defended by the Irish chief Domhnall Ó Néill in his Remonstrance to Pope John XXII
, complaining that "For the English inhabiting our land ... are so different in character from the English of England ... that with the greatest propriety they may be called a nation not of middle medium, but of utmost, perfidy". Further, there was 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.
The prime author of the statutes was Lionel of Antwerp, better known as the Duke of Clarence
, and who was also the Earl of Ulster
. In 1361, he had been sent as viceroy to Ireland by Edward III in order to recover his own lands in Ulster if possible and to turn back the advancing tide of the Irish. The statutes were enacted by a parliament that he summoned in 1366. The following year, he left Ireland.
Other statutes required that the English in Ireland be governed by English common law, instead of the Irish March law or Brehon law
and ensured the separation of the Irish and English churches by requiring that "no Irishman of the nations of the Irish be admitted into any cathedral or collegiate church ... amongst the English of the land".
The mistrust the English had of the Irish is demonstrated by Statute XV, which forbade Irish minstrels or storytellers to come to English areas, guarding against "the Irish agents who come amongst the English, spy out the secrets, plans, and policies of the English, whereby great evils have often resulted".
Kilkenny
Kilkenny is a city and is the county town of the eponymous County Kilkenny in Ireland. It is situated on both banks of the River Nore in the province of Leinster, in the south-east of Ireland...
in 1366, aiming to curb the decline of the Hiberno-Norman
Hiberno-Norman
The Hiberno-Normans are those Norman lords who settled in Ireland who admitted little if any real fealty to the Anglo-Norman settlers in England, and who soon began to interact and intermarry with the Gaelic nobility of Ireland. The term embraces both their origins as a distinct community with...
Lordship of Ireland
Lordship of Ireland
The Lordship of Ireland refers to that part of Ireland that was under the rule of the king of England, styled Lord of Ireland, between 1177 and 1541. It was created in the wake of the Norman invasion of Ireland in 1169–71 and was succeeded by the Kingdom of Ireland...
.
Background to the Statutes
By the middle decades of the 13th century, the Hiberno-NormanHiberno-Norman
The Hiberno-Normans are those Norman lords who settled in Ireland who admitted little if any real fealty to the Anglo-Norman settlers in England, and who soon began to interact and intermarry with the Gaelic nobility of Ireland. The term embraces both their origins as a distinct community with...
presence in Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
was perceived to be under threat, mostly due to the dissolution of English laws and customs among English settlers. These English settlers were described as "more Irish than the Irish themselves
More Irish than the Irish themselves
"More Irish than the Irish themselves" is a phrase used in Irish historiography to describe a phenomenon of cultural assimilation in late medieval Norman Ireland....
", referring to them taking up Irish law, custom, costume and language. The introduction to the text of the statutes claim ,
... 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 allagiance due to our lord the king, and the English laws there, are put in subjection and decayed...
The statutes tried to prevent this "middle nation", which was neither true English nor Irish, by reasserting English culture among the English settlers.
There were also military threats to the Norman presence, such as the failed invasion by Robert Bruce
Robert I of Scotland
Robert I , popularly known as Robert the Bruce , was King of Scots from March 25, 1306, until his death in 1329.His paternal ancestors were of Scoto-Norman heritage , and...
in 1315, which was defended by the Irish chief Domhnall Ó Néill in his Remonstrance to Pope John XXII
Pope John XXII
Pope John XXII , born Jacques Duèze , was pope from 1316 to 1334. He was the second Pope of the Avignon Papacy , elected by a conclave in Lyon assembled by Philip V of France...
, complaining that "For the English inhabiting our land ... are so different in character from the English of England ... that with the greatest propriety they may be called a nation not of middle medium, but of utmost, perfidy". Further, there was the de Burgh or Burke Civil War of 1333-38
Burke Civil War 1333-38
The Burke Civil War was a conflict in Ireland in the 1330s between three leading members of the de Burgh family.-Background:William Donn de Burgh, 3rd Earl of Ulster, was murdered by his household knights in June 1333. His only child, Elizabeth de Burgh , succeeded as Countess of Ulster and legal...
, which led to the disintegration of the estate of the Earldom of Ulster
Earl of Ulster
The title of Earl of Ulster has been created several times in the Peerage of Ireland and Peerage of the United Kingdom. Currently, the title is a subsidiary title of the Duke of Gloucester, and is used as a courtesy title by the Duke's son, Alexander Windsor, Earl of Ulster...
into three separate lordships, two of which were in outright rebellion against the crown.
The prime author of the statutes was Lionel of Antwerp, better known as the Duke of Clarence
Duke of Clarence
Duke of Clarence is a title which has been traditionally awarded to junior members of the English and British Royal families. The first three creations were in the Peerage of England, the fourth in the Peerage of Great Britain, and the fifth in the Peerage of the United Kingdom.The title was first...
, and who was also the Earl of Ulster
Earl of Ulster
The title of Earl of Ulster has been created several times in the Peerage of Ireland and Peerage of the United Kingdom. Currently, the title is a subsidiary title of the Duke of Gloucester, and is used as a courtesy title by the Duke's son, Alexander Windsor, Earl of Ulster...
. In 1361, he had been sent as viceroy to Ireland by Edward III in order to recover his own lands in Ulster if possible and to turn back the advancing tide of the Irish. The statutes were enacted by a parliament that he summoned in 1366. The following year, he left Ireland.
The Legislation
The statutes begin by recognising that the English settlers had been influenced by Irish culture and customs, as quoted above. They forbade the intermarriage between the native Irish and the native English, the English fostering of Irish children, the English adoption of Irish children and use of Irish names and dress. Those English colonists who did not know how to speak English were required to learn the language (on pain of losing their land and belongings), along with many other English customs. The Irish pastimes of "horling" and "coiting" were to be dropped and pursuits such as archery and lancing to be taken up, so that the English colonists would be more able to defend against Irish aggression, using English military tactics.Other statutes required that the English in Ireland be governed by English common law, instead of the Irish March law or Brehon law
Brehon Laws
Early Irish law refers to the statutes that governed everyday life and politics in Early Medieval Ireland. They were partially eclipsed by the Norman invasion of 1169, but underwent a resurgence in the 13th century, and survived into Early Modern Ireland in parallel with English law over the...
and ensured the separation of the Irish and English churches by requiring that "no Irishman of the nations of the Irish be admitted into any cathedral or collegiate church ... amongst the English of the land".
The mistrust the English had of the Irish is demonstrated by Statute XV, which forbade Irish minstrels or storytellers to come to English areas, guarding against "the Irish agents who come amongst the English, spy out the secrets, plans, and policies of the English, whereby great evils have often resulted".
Failure of the Statutes
While the Statutes were sweeping in scope and aim, the English never had the resources to fully implement them. Clarence was forced to leave Ireland the following year, and Hiberno-Norman Ireland continued to gain a primarily Irish cultural identity. 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.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.
- "The Statutes of Kilkenny." Encyclopedia of Irish History and Culture. 1st ed. Thompson Gale 2004.