Kinsale was given a grant of murage dated 7/1/1334.
This was in the form of:-
This is a grant which may have been used for walls but could have been used for other civic improvements.
Wording
From Smith
"That the town was surrounded by Irish enemies and English rebels, and that the burgesses have always obeyed the king's orders in repelling the same, who have often, by sea and land, assaulted the town, and that the walls were ruinous, and the burgesses not able to repair them. Therefore, power was granted, by this charter, to the townsmen, to elect their sovereign, who may have a mace, with the king's arms engraved thereon, borne before him. The corporation to have the custom of all customable goods, as the city of Cork had, (those called the great customs, excepted,) to go to the repair of their walls. A proper account thereof to be rendered yearly before two burgesses, or before the earl of Desmond, and not into the exchequer. All forestalled and regrators punishable, with fine and imprisonment, by the sovereign, who is to license wine-taverns, and all persons selling goods in the town, also to regulate the assize of bread and weights, and to be escheator, admiral, and clerk of the market. The merchants of this town were exempted from paying that custom, called the petty customs, through all Ireland. The sovereign and burgesses have power to take cognizance of all pleas, (as well of fresh force, viz. within forty days) as also of trespasses, covenants, debts, &c. to the amount of any sum, any statute to the contrary notwithstanding. Also cognizance of all pleas of lands within the town and liberties; no sheriff having power to take cognizance of any matter therein, unless the lieutenant-general, chief justice, chancellor, or treasurer, be present. In matters relating to the corporation, the jury to consist of townsmen. The sovereign and burgesses not to be constrained to attend at assizes, unles by a mandate under the privy seal. Liberty for them to treat with Irish enemies, and to reform them, so that such correspondence be not prejudicial to the crown; also to make war upon them. The corporation not to be forced to levy more soldiers than they can bear, nor be imposed upon by subsidies, tallage, coin, kernes, beeves, &c.; to have a yearly power of making as many freemen as they shall think proper, and to make by-laws, &c. and to enjoy all freedoms and liberties granted to the city of Cork. Their liberties to extend from a rock, called the Bulman, up to lnishannon. None of the Irish, unless made free, to be admitted into the franchises. Witness our .beloved Thomas, earl of Desmond, deputy to our most dear son, George, duke of Clarence, our lieutenant-general of our land of Ireland. Dated at Dublin, the 7th of January, in the 7th year of our reign, (ann. 1333)."
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Jan. 31. 1524. 15 Henry VIII
"Remembrances for Ireland."
5. That the King's ancestors granted to the cities of Waterford, Cork, and Limerick, and the towns of Youghal, Kinsale, and Galway, their fee farms and customs for murage and pavage. As the walls are now well built and repaired, be it enacted that such grants be resumed.
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The charter consequent on the preceding letter of the Queen is not of record; it bears date the 10th May, in the 31st year of her reign, and is in the possession of the Corporation. As it is not to be found in our public archives, a summary of its contents is here given. It appears by it that a charter was granted on the 7th of January, 7° Edward III. (1334), which grants that the Burgesses and Commons of Kinsale may elect from amongst the Burgesses yearly one honest Burgess of the town to be Sovereign, and that he should have a mace carried before him; that the customs of all customable things should be collected and received by the Sovereign, in like manner as the Mayor and Commons of the city of Cork from time to time collect and receive the like; and that such customs, when received, should be expended in repairing the walls of the town, saving to his Majesty the custom of the cocket; and that the accounts should be made before two honest and discreet Burgesses, to be chosen from year to year by the Commons of the town, and in default of the accounts being so taken, that they should be made before and taken by the Earl of Desmond, on behalf of the town, and not in the Exchequer. It further grants that … {other liberties}
This charter was recited in, and ratified and confirmed by, an Act of Parliament, held at Limerick, in the twenty-second year of Edward the Third, with a condition that two of the Burgesses living in the town should be appointed, one by the Lord Coursey and the other by the town, who should see the customs, revenues, and profits expended upon its walls and fortresses.
The above Act was exemplified by patent of the 15th February, 22° of Edward the Third, and the charter of Elizabeth contains an inspeximus of that exemplification.
Granted by Edward III. (Regnal year 7). Granted at Dublin.
Primary Sources
Brewer, J.S. (ed), 1875, 'Henry VIII: January 1524, 16-31',
Letters and Papers, Foreign and Domestic, Henry VIII Vol. 4: 1524-1530 p. 15-34. No. 80.
online copyMorrin, J. (ed), 1863,
Calendar of the Patent and Close Rolls of Chancery in Ireland, from the 18th to the 45th of Queen Elizabeth Vol. 2 p. 180
online copy
Secondary Sources
Thomas, A., 1992,
The Walled Towns of Ireland Vol. 2 (Irish Academic Press) p. 137-41
Morrin, J. (ed), 1863,
Calendar of the Patent and Close Rolls of Chancery in Ireland, from the 18th to the 45th of Queen Elizabeth Vol. 2 p. 179-82
online copySmith, C., 1750 (1815 edn),
The ancient and present state of the county and city of Cork (Dublin) p. 215-6
online copy
Comments
the first known reference to murage is in the general charter of 1333 (renewed 1483 - Smith 215-16) in which the town is described as 'surrounded by Irish enemies and English rebels, and the burgessess have always obeyed the King's orders in repelling the same, who have often, by sea or land, assaulted the town; the walls are ruinous, and the burgesses not able to repair them' - a common situation by the 14th century for many Irish towns. Evidence of earlier royal grants was produced then, all knowledge of which is now lost except the 1226 market grant (Caulfield IX). Amongst these there were probably earlier murage grants. (Thomas)
This charter recites an act made at Limerick, at a parliament held there on the Friday before Ash-Wednesday, before Gerald, earl of Kildare, deputy to Richard, of Shrewsbury, duke of York, 2d son to king Edward IV. lord lieutenant of Ireland. That at the supplication of John Gallway, William Gallway, Thomas and William Martell, Edward and John Roche, &c. burgesses, who produced several letters patent of divers other grants, of many of the king's royal progenitors, to them and their successors, by the name of the sovereign and commons of Kinsale. And, among others, the charter of king Edward III. which recites, (continues as above)
These letters patent being read in the above-mentioned parliament, an act passed "for confirming the same, and that two burgesses, one to be chosen by the town, and the other by the lord Courcey, should be overseers of the revenues and customs, which were to be expended upon the reparation of the walls and fortresses thereof." Witness our aforesaid deputy at Limerick, the 15th of February, ann. regn. 22d. (Smith)
Record created by Philip Davis. This record created 14/02/2009. Last updated on 04/06/2012. First published online 5/01/2013.
