Kilmallock was given a grant of murage dated 15/2/1483.
This was in the form of:-
Levy:- for 40 years
Enforcement power:- Borough Charter; fines Starting 15/2/1483 running to 14/2/1523.
Wording
15 Feb. 1483 Limerick
The K. has considered the many losses, dangers, burnings and other grievances that the town of Kilmallock and the K.'s liege inhabitants had sustained from Irish enemies and English enemies, whereby they were so impoverished that they could no longer defend themselves or keep the town unless they were granted relief. Therefore, for the better governance and defence of that town, LICENCE to the burgesses and their successors to elect from among themselves on Monday after Michaelmas each year, by assent of twelve of the better and chief burgesses or the greater part of them, one of the burgesses to be sovereign; and in case of his death within the year to chose another.
The sovereign and burgesses are hereby created and incorporated as a lawful and representative body and one community under the name of the sovereign and burgesses of Kilmallock, to sue and be sued, and to act in all cases concerning the burgesses and community of the town.
The sovereign, burgesses and community may receive certain customs on articles for sale in that town, to be expended upon the enclosing of the town with a wall; and the collectors are to account before the sovereign and council of the community or before auditors appointed by them. The sovereign and council are to assess the inhabitants for payment of the town expenses; and the sovereign may distrain for the same, and should render a just account. A sovereign who accepts the office and refuses to act in it is to forfeit 100s, to be applied to the defence of the town. Persons insulting or injuring the sovereign are to be punished by amercement or otherwise at the will of the town council. No person is to exercise the liberties of the town without the licence of the sovereign and council, under a penalty to be imposed by them; and that penalty is to be employed on the repair of the town.
The sovereign and council are to regulate the prices of markets. No person is to sell or export grain out of the town without the licence of the sovereign and council, on pain of forfeiture of the goods. No person is to have a dunghill or heap on the streets from one Saturday to another, under penalty of 3d for each offence. The sovereign and council are to amerce all persons making aqua vite within the town, contrary to the prohibition of the sovereign. All amercements are to be expended upon the repair of the walls and the enclosure of the town, and should be accounted for before the council or auditors appointed by them.
The sovereign is to act as escheator and clerk of the market, and is to impose amercements and forfeitures, by assent of the council, to be expended as before. No burgess is to be impleaded for lands within the borough, but a recognizance is to be made before the K.s justices; and burgesses are not to be placed on assizes or recognizances before the judges itinerant unless for their external tenures.
The sovereign and community are to take, for a term of 40 years, one quarter of all rents of burgages, both inside and outside the town, to be expended upon the repair of the walls, to be accounted for as above. The sovereign and community are to amerce all persons obstructing the roads, walls or ditches of the town and are to have power to make walls and ditches through he grounds of any inhabitant, allowing a right of passage to such grounds.
With POWER to the sovereign and common council to assess the inhabitants from time to time to pay the salary or stipend of the sovereign and other expenses for the common good of the town. Saving to the bishop of Limerick and his successors all liberties, services and customs due to the crown.
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Charter of Kilmallock: The burgesses shall on Monday after Michaelmas every year, with the assent of twelve of the better burgesses, counsellors, for the time being (with whom this power of election is to remain), choose one of the burgesses for sovereign, and if the sovereign die within the year, the counsellors to elect another in his place. The sovereign and burgesses to form a body corporate under the name of the Sovereign and Burgesses of Kilmallock; to sue and be sued, and to act in all cases concerning the burgesses and commonalty of the town; the sovereign, burgesses, and commonalty to receive certain customs on things exposed for sale in the town, which are to be expended on the enclosing of the town; the collectors are to account before the sovereign and council of the commonalty, or before auditors appointed by them; sovereign and council to assess the inhabitants for payment of the town expenses; sovereign to distrain for same, and render a just account; sovereign accepting the office and refusing to act to forfeit 100s., to be applied to the defence of the town; persons insulting or injuring the sovereign to be punished by fine, or otherwise at the will of the town council; no person to exercise the liberties of the town, without license of the sovereign and town council, under a penalty to be imposed by them, such penalty to be employed on the repairs of the town; the sovereign and town council to regulate the prices of the markets; no person to sell or export grain out of the town without the leave of the sovereign and council, on pain of forfeiture of the goods; no person to have a dunghill or heap on the streets from one Saturday to another, under penalty of three pence for each offence; the sovereign and council to fine all persons making aqua-vite within the town, contrary to the prohibition of the sovereign; all fines to be applied for repairing the walls and enclosing the town, and to be accounted for before the town council or auditors appointed by them; the sovereign to be eschaetor and clerk of the market, and to impose fines and forfeitures, with the consent of the council, to be applied as aforesaid; no burgess to be impleaded for lands within the borough, but a recognizance to be made before the King's justices, and they are not to be put on assizes or recognizances before the judges itinerant, unless for their external tenures; the sovereign and commonalty, for 40 years, to take the fourth part of all rents of burgages both within and without the town, to be applied to repair the walls, and accounted for as before ; the sovereign and commons to fine all persons obstructing the roads, walls, or ditches of the town, and to have power to make walls and ditches through the grounds of any inhabitant, allowing a right of passage to such grounds; and a general survey shall be made. - Lymerick, Feb. 15, 22° Edward {...}.
Granted by Edward IV. (Regnal year 22). Granted at Limerick.
Primary Sources
A Calendar of Irish Chancery Letters, c. 1244-1509, PR 22 Edw. IV
View CIRCLE recordMorrin, J. (ed), 1861,
Calendar of the Patent and Close Rolls of Chancery in Ireland, of the Reigns of Henry VIII., Edward VI., Mary, and Elizabeth: 1514-1575 Vol. 1 p. 217-8
online copy
Secondary Sources
Thomas, A., 1992,
The Walled Towns of Ireland Vol. 2 (Irish Academic Press) p. 132-37
Lenihan, M., 1866,
Limerick, its history and antiquities (Dublin) p. 740
online copyLewis, Samuel, 1837,
A Topographical Dictionary of Ireland online copy
Comments
" - Lymerick, Feb. 15, 22° Edward (...)." The Calendar has 4 Edward VI in the margin. However note 'The inhabitants obtained a grant of tolls for murage in 1482' (Lewis) 22 Edward IV started 4 March 1482, although 15 Feb. 22 Edward IV would be 1483. I suspect this is an inspeximus of a charter of Edward IV that has entered in an unclear fashion on the roll of Edward VI. This may be confirmed if the Irish rolls of Edward IV have been calendared.
Thomas notes a 1482 grant referencing 'Lenihan 740' and a 1550 grant referencing 'CPCR I 186' (This charter on pages 217-218 is numbered 186 {of 1550}). Lenihan p. 740 has a list of Charters and grants of fairs for Limerick county including 'Feb. 15, 1482, 4th Edward VI.' (sic).
Record created by Philip Davis. This record created 14/03/2009. Last updated on 04/06/2012. First published online 5/01/2013.