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VI. The Request of the Irish for English law, 1277–80

Published online by Cambridge University Press:  28 July 2016

Jocelyn Otway-Ruthven
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Irish Historical Studies , Volume 6 , Issue 24 , September 1949 , pp. 261 - 270
Copyright
Copyright © Irish Historical Studies Publications Ltd 1949

References

1 See Cal. justic. rolls Ire., passim.

1a Cal. doc. Ire., 1252–84, no. 164.

2 Cal. justic. rolls Ire., 1295–1303, pp. 121–3, and cf. p. 336; Cal. doc. Ire., 1285–92, no. 558.

3 Stat. Ire., John-Hen. V, pp. 210–11 : ‘the killing of Englishmen and of Irishmen requires different modes of punishment’.

4 Orpen, , Normans, 4 22.Google Scholar Powicke, , Henry III and the lord Edward, p. 665,Google Scholar accepts this view.

5 Curtis, , Med. Ire. (1st ed.), p. 174.Google Scholar

6 See below, p. 267.

7 Cal. doc. Ire., 1252–84, no. 1400. This undated letter was in a bundle dated 5 Edward I.

8 P.R.O., Chancery miscellanea, 10/13/18. See below, p. 267.

9 Cal. doc. Ire., 1252–84, no. 1408; text printed in Foedera, 1, ii, p. 540, and Prynne, , Vindication 3. 1218–19.Google Scholar The letter must belong to 1277, since in Prynne’s time it was in a bundle dated 5 Edward I. I owe this reference to the kindness of Mr H. G. Richardson. It should be observed that at this time Edward was faced by very similar problems in Wales. The latest discussion of the conflict of laws in Wales is in Powicke, Henry III and the lord Edward, ch. xv.

10 Printed by Richardson, H.G. and Sayles, G.O., ‘The Irish parliaments of Edward I’, in R.I.A. Proc, vol. 38, sect. C, no. 6, pp. 142–3.Google Scholar The editors assigned this parliament to 1280 on the grounds that it must have been held shortly before the writ of 10 June 1280 (see below, (p. 264), but it seems to have been held in obedience to the king’s letter just quoted. A parliament was held at Kildare and Kilkenny, apparently in 1276–7 (5 Edward I); Cal. doc. Ire., 1252–84, no. 1389.

11 Cal. doc. Ire., 1252–84, nos 1654, 1682, 1748, 1754, 1755, 1822, 1888; Cal. justic. rolls Ire., 1295–1303, p. 135.

11a David MacCarwell, archbishop of Cashel 1251–89; Matthew O’Hogain, bishop of Killaloe 1268–81; David O’Cusby[?], bishop of Emly, 1275-c. 11 June 1281.

12 Lambeth, Carew MSS, vol. 619, no. 207; Bodl, MS Rawlinson Β 484, f. 17 See below, pp. 267–8.

13 Cal. doc. Ire., 1252–84, no. 1681.

14 Some idea of the general level may be obtained from the escheator’s accounts of bishoprics summarised in the calendars of Pine Rolls in P.R.LRep.D.K., passim.

15 P.R.O., Ancient Petitions 5944 and 8820, cited by Richardson, H.G., ‘English institutions in medieval Ireland’ in I.H.S., 1. 390–91.Google Scholar

15a See Powicke, as above.

15b Cal. doc. Ire., 1285–92, p. 525 (grant of English law to Hugh Kent).

16 P.R.L.Rep.D.K., 36, p. 37; Cal. doc. Ire., 1252–84; no. 1503.

17 Carew MSS, vol 619, no. 207 This was calendared in Cal. Carew MSS, Miscellaneous, p. 464. It is printed here by kind permission of his grace the archbishop of Canterbury.

18 MS Rawlinson B 484, f. 171r This was printed by MrMcNeill, Charles in Anal. Hib., no. 1, pp. 134–5,Google Scholar and is reprinted here by kind permission of the authorities of the Bodleian library. This MS was Ware’s vol. lxx.