Part 25 of 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.

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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,

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.