Corpus of Electronic Texts Edition
A Statute of the Fortieth Year of King Edward III., enacted in a parliament held in Kilkenny, A.D. 1367, before Lionel Duke of Clarence, Lord Lieutenant of Ireland. (Author: [unknown])
article 24
XXIV. Also, it is ordained that the marshals of the one bench,
and of the other,
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and within franchises do not henceforth take for their fee
more than they take in England; that is to say five pence, as it has
been proved to the council that
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they do in England, according to the Statute in England in
this behalf provided; and this after a man shall be
acquitted or convicted, and finally delivered out of the court,
and not before; and if they do to the contrary, and thereof be
attainted, their bailiwicks, shall be seized into the king's hand at
the complaint of him who shall be aggrieved contrary to this
Statute, and shall moreover make satisfaction to those who shall
be so damaged by them, and be detained in prison until their
satisfaction be made. Also, that the marshal of the
Exchequer shall only take half a mark every term while a man
remains in his custody for arrears of account or for the king's
debt; and he who does to the contrary, and thereof shall be attainted,
shall suffer as is abovesaid. And that no constable of castles,
within
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franchise or without, shall take of any prisoner put into his
custody for his fee but only five pence, except the constable of the
Castle of Dyvelin,
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which is the king's chief castle in Ireland, by reason that it
has been proved to the council that he is entitled to take more, and
from ancient time has done so;
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and he who does otherwise, and thereof shall be attainted, his
office of constable shall be seized into the hands of the king, and he
who shall have acted so shall be taken and imprisoned until he make
satisfaction to the party, and pay a fine to the king. And that the
marshals or constables aforesaid within franchises or without, shall not
put the prisoners which they have in their custody to distress and
severity of punishment, for the purpose of obtaining individual profit
or suit; and if they shall do so they shall be taken and detained in
prison until they shall have rendered double to him from whom they have
received such wrongful profit, and shall moreover pay a fine to the
king. And hereupon writs shall be issued to every place of the land
where there is a marshal or constable, as well within franchise as
without, commanding the justice of each place, and also the treasurer
and barons of the Exchequer, to cause charge to be given to the marshal
of their place, that they do not take of any person otherwise than as
aforesaid; and to inquire from them from time to time respecting those
who do the contrary, and to punish them in the form abovesaid.