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Close Roll 2 Henry VI
MEMORANDUM1 that on Friday 24 Sept. [1423] 2 Hen. VI in a certain chamber within the house of the Friars Minor of Drogheda, the venerable father Edward [Dantsey], bp Meath, showed the K.’s letters patent made to Edmund [Mortimer], earl of March and Ulster, of the office of K.’s Lt in Ire., before the venerable father Richard [Talbot], abp Dublin, then Jcr and C. of Ire., and others of the K.’s council, in these words:
‘APPOINTMENT, by advice of the great council, of Edmund [Mortimer], earl of March and Ulster, as the K.’s Lt of Ire., to have from his first landing in Ire. and to continue for nine years. The earl may make, ordain and appoint a sufficient deputy for whom he wishes to answer, as often and whenever it pleases, to keep and have the governance of that land in his absence; and the same earl may do all and singular things that pertain to the office of Jcr of the K.’s said land, and shall have both great power in all ways and means just as the justiciars of the K.’s said land were accustomed to have, use or duly exercise.’2
On the same day the bishop similarly showed before the Jcr and council other letters patent under the seal of Edmund, e. March and Ulster, lord of Wigmore and Clare, granting to the bishop the office of deputy of the Lt in that land, in these words:
‘Edmund, e. March and Ulster, lord of Wigmore and Clare, to all to whom these present letters shall come, greetings.
By assent and advice of his great council, the K. has ordained and appointed the said earl as his Lt of Ire., to have, hold and occupy that office from the first day on which he or his deputy shall land in that land until the completion of the nine years following, receiving in that office according to the form and effect of a certain indenture made between the K. the earl concerning this. The K. has given and granted to the earl by the tenor of those letters patent full power that, as often and whenever it pleases him, he may make, ordain and appoint a sufficient deputy, for whom he is willing to answer, to keep and have the governance of that land. Also the K. has given and granted to the earl, and his deputy for the time being in the earl's absence, by the tenor of those letters patent full power to keep and cause to be kept the K.’s peace and the laws and customs of his land, and to do, exercise and execute all and singular things just as appears more fully in those letters patent made to the earl concerning this. NOTIFICATION that, trusting in the fealty and prudence of his beloved in Christ Edward [Dantsey], bp Meath, the earl has appointed, ordained and constituted him as his deputy in that land during the earl's absence, to keep that land and cause it to be kept and to do, exercise and execute all and singular things contained in those letters patent in the earl's absence, just as the earl would do if he were present in that land in person. With ORDER to all and singular the K.’s officers, ministers and lieges in that land whatsoever, on behalf of the lord K., that they are to be intendant, aiding and favouring to the earl's deputy in his absence in doing and executing the premises.
Given under the earl's seal at his castle of Ludlow on 4 Aug. [1423] 1 Hen. VI.’
After these letters had been viewed and read out before the Jcr and council, the bishop said that he was prepared to fulfil the K.'s wishes and those of the earl in the premises as deputy of the Lt. And the Jcr stated that he wished to consult and discuss this with the council. The bishop withdrew from the council. When the Jcr and council had treated and diligently consulted upon the premises, one Thomas Stynt kt came into the council and displayed a certain writ of the K. to the Jcr of non-interference [breve regium de non intromittendo], in these words:
‘Henry, by grace of God K. of Eng. and France and lord of Ire., to the venerable father in Christ Richard [Talbot], by the same grace bishop [sic] of Dublin, formerly our Jcr in our land of Ire., greetings.
Trusting fully in the fealty and prudence of his beloved cousin Edmund [Mortimer], e. March and Ulster, by advice and assent of the K.'s great council the K. has ordained and constituted him as his Lt of Ire., to have, hold and occupy the office from the first day on which the same earl or his deputy shall land in that land until the completion of a term the nine years following, receiving in that office according to the form and effect of a certain indenture made between the K. and the earl; and that the same earl may do all and singular things that pertain to the office of Jcr of Ire., and may have as great a power in all ways and means just as the Jcr of Ire. was accustomed to have, use or duly exercise at any time in his office, as is contained more fully in the K.'s letters patent made concerning this. ORDER to permit that earl to have and exercise the office according to the tenor of those letters patent; with ORDER not to interfere any further concerning the office of Jcr in Ire. For the K. wishes that the bishop be exonerated towards the K. of the same henceforth.
Witness the K. at Westminster, 20 June [1423] 1 Hen. VI.’
And Thomas displayed another writ to the archbishop as the K.’s C. in Ire., in these words:
‘Henry [etc.] to his C. of Ire., greetings.
Trusting fully in the fealty and prudence of his beloved cousin Edmund [Mortimer], e. March and Ulster, by advice and assent of the K.'s great council the K. has ordained and constituted him as his Lt of Ire., to have, hold and occupy the office from the first day on which the same earl or his deputy shall land in that land until the completion of a term the nine years following, receiving in that office according to the form and effect of a certain indenture made between the K. and the earl; giving and granting to the same earl full power that he, whenever and as often as he wishes, may appoint, ordain and constitute a sufficient deputy for whom he is willing to answer to keep and have the governance of the same land in his absence; and to do and fulfil certain things contained in the K.'s letters patent made concerning this, just as is more fully contained in the same letters patent. ORDER to instruct by writ under the seal used in Ire., which is in the custody of the C. of Ire., all and singular archbishops, bishops, abbots, priors, earls, barons, knights and others the K.'s officers and ministers, lieges and subjects whatsoever of his said land, on the K.'s behalf, to be intendant, advising, obedient and aiding to the K.'s cousin as Lt of that land, and his deputy in his absence, in all and singular things which pertain or might pertain to the office of Lt, whenever and as often as they are requested by that Lt, or his deputy in his absence, on the K.'s behalf.
Witness the K. at Westminster, 26 June [1423] 1 Hen. VI.’
Whereupon―while the C. and council were diligently discussing the premises and the ambiguities and were in doubt as to whether the letters patent of that earl sealed under his own seal were sufficient and whether the C. and council ought to be intendant to the bishop as deputy of the Lt by virtue of the letters of that earl―the bishop came back into the council, and sat as deputy of the Lt to occupy that office according to the tenor of those letters, as appeared evident to the council.
He spoke thus to the C.: ‘Sir, are you willing to preside?’
And the C. answered: ‘To what end should I preside?’
And the bishop said: ‘I wish that the said letters be read out and afterwards I will declare my plan and intention manifestly concerning this’.
And then the C. made open protest before the council that he he was not willing to preside in order to admit the bishop as deputy of the Lt, nor to obey his mandate until he was better advised concerning this. And the bishop said that he was prepared to occupy and exercise the office of deputy of the Lt. And the C. declined to obey his order, and sought that the premises be made of record, and he withdrew immediately from the council.
On Saturday 24 Sept. [1423], the following persons were present in the council chamber:
the venerable father, Richard [Talbot], abp Dublin, C. of Ire.;
John [Swayne], abp Armagh;
Stephen Bray, chief justice of the chief place of the K.;
Roger Hakenshawe, second justice of the chief place;
Richard Sydegrave, chief baron of the Ex.;
Robert Sutton, keeper of the rolls of chancery;
John Wyche, second baron of the Ex.;
John Lowdyngton, one of the barons of the said Ex.;
Christopher Bernevall, the K.’s serjeant-at-laws in Ire.
When they had treated diligently and deliberated amongst themselves upon the insufficiencies of the letters of the earl made under his own seal to the bishop of the office of deputy of the Lt, and the power granted to him in this part, the C. asked of each of the said persons whether or not the C. himself should admit the bishop as deputy of the Lt and obey his mandate.
Each person stated separately that they were in doubt. These things having been done, Thomas Stynt kt came into that council and asked of the C. and council if they wished admit the bishop to the office of deputy Lt and to obey his mandates. The C. answered for himself that he had a colleague who was absent (viz. William Tynbegh, T. of Ire.) and that he wished to consult with him upon the premises.
And because the same C. was in doubt as to what ought of right to be done and lest he should do anything contrary to the laws, customs and privileges of the K. and his land of Ire. in the premises, the C. further said that he did not wish to admit the bishop as deputy of the Lt by virtue of the letters of the earl, nor to obey his mandates in any way until he was advised with more learned deliberation.
And the C. openly before the council required of Thomas, on the K.'s behalf, that because he was soldier of the lord K. he should dispatch himself to the marches of the land in resistance of the malice of the K.’s Irish enemies.
And upon this it was agreed by council that the premises should be enrolled in the rolls of the chancery of Ire and be made of record.
MEMORANDUM that the foregoing was exemplified by advice of council. Given by the council on 3 Oct. [1423].
Ir. parl., pp 312–17 (=NLI, [Harris] MS 4, ff 267–70).
RCH; BL, Egerton MS 78, p. 28; NLI, GO ms 193, p. 114.
1 The Harris MS is headed as follows: ‘Deliberation and resolution of the council of Ire. concerning the non-admittance of Edward [Dantsey], bp Meath, as deputy of Edmund [Mortimer], e. March, Lt, because the commission of the same Edward emanated solely under the earl’s own seal.’
The Latin calendar provided in RCH is greatly condensed as follows:
'EXEMPLIFICATION of a certain opinion given in council on Saturday 25 Sept. [1423] 2 Hen. VI before Richard [Talbot], abp Dublin, formerly Jcr [of Ire.]; John [Swayne], abp Armagh; Stephen Bray, chief justice [of the chief place]; and Roger Hakenshawe, second justice of the chief place; Richard Sydegrave, chief baron of the Ex.; Robert Sutton, keeper of the rolls; John Wyche, second baron of the Ex.; John Lowdyngtoun, one of the baron of the Ex.; and Christopher Bernevall, serjeant-at-laws, concerning the sufficiency of letters patent of Edmund, e. March, Lt of Ire., (with power of appointing his deputy in his absence) given under his seal at his castle of Ludlow on 4 Aug. [1423] 1 Hen. VI, by which he appointed Edward [Dantsey], bp Meath, as his deputy in his absence; concerning which sufficiency all the said persons were in doubt, because those letters were sealed under the earl's own seal. The said C. refused to admit the bishop as deputy of the Lt by virtue of those letters until he should be very carefully advised concerning this with deliberation. And it was agreed by the council that the premises should be enrolled in the roll of chancery; and afterwards it was exemplified by advice of council.'
2CPR 1422–9, p. 96; Foedera [1710], x, pp 282–5.
The following abbreviations are used within in the text of CIRCLE
- abp = archbishop [of]
- BMV = beate Marie Virginis [of the Blessed Virgin Mary]
- C. = chancellor [plural: chancellors]
- co. = county (i.e. medieval shire: lower case ‘c’) [plural. cos.]
- dcd = deceased
- e. = earl of
- Edw. = Edward (used when giving dates by regnal year)
- Eng. = England
- esq. = esquire [plural: esquires]
- Ex. = exchequer
- g.s. = great seal
- Hen. = Henry
- Ire. = Ireland
- Jcr = justiciar [plural: justiciars]
- JP = justice of the peace
- K. = king
- kt = knight
- Lt = lieutenant
- O.Carm. = Order of Carmelites
- O.F.M. = Order of Friars Minor (Franciscans)
- O.P. = Order of Preachers (Dominicans)
- Ric. = Richard (used when giving dates by regnal year)
- s. = son
- sen. = seneschal of
- T. = treasurer [plural: treasurers]
- w. = wife
This glossary is by no means comprehensive. Readers may also wish to consult standard references books such as Joseph Byrne, Byrne’s dictionary of local Irish History from the earliest times to c.1900 (Cork, 2004); P. G. Osborn, Osborn’s concise law dictionary, ed. Sheila Bone (London, 2001).
Abbreviations
- AN = Anglo-Norman
- Ir. = Irish
- Lat. = Latin
- ME = Middle English
- OED = Oxford English Dictionary
Term |
Explanation |
---|---|
advowson |
The right of patronage or presentation to a church benefice. |
allocate, writ of |
A writ authorizing allowance to be made by the officers of the Ex. of a specified amount: often this amount is to be off-set against the debts owed to the K. by the beneficiary. |
alterage |
A form of affinity proscribed in late medieval Ireland between the Irish and the English, whereby a man stood sponsor for a child at baptism; (also) gossipred. |
assize |
Technical term for legal proceedings or various kinds. See mort d’ancestor, novel disseisin. |
avener [Lat. avarius] |
provider of oats, esp. for the household of the K. or his chief governor |
avoirdupois |
Miscellaneous merchandise sold by weight. |
bonnaght [Ir. buannacht] |
The billeting of mercenaries or servants. |
cask |
See tun. |
certiorari, writ of |
Letters close issued by the K. to his officers commanding them to supply information to him concerning a specified matter, normally by searching the records. |
chattels |
Property, goods, money: as opposed to real property (land). |
dicker [Lat. dacra] |
A measure of 10 hides. |
dower |
Portion (one third) of a deceased husband’s estate which the law allows to his widow for her life. |
escheat |
The reversion of land to the lord of the fee to the crown on failure of heirs of the owner or on his outlawry. |
extent |
A survey and valuation of property, esp. one made by royal inquisition. |
falding [Ir. fallaing] |
A kind of coarse woollen cloth produced in Ireland; the mantle or cloak made from the same. |
fee-farm |
A fixed annual rent payable to the K. by chartered boroughs. |
fotmel [Lat. fotmellum] |
A measure of lead. |
engrossment |
Technical term: the action of writing out, for instance patent letters and charters; (also) the documents thus written out. |
enrolment |
Technical term: the action of recording in the records of the K., esp. the registering of a deed, memorandum, recognizance; (also) the specific item or record thus enrolled. |
hanaper |
A repository for the keeping of money. The ‘clerk of the hanaper in chancery’ was the chancery official responsible for the receipt of fines for the issue, engrossment and ensealing of writs, patents and charters issued by the chancery. |
herberger [Lat. herbergerius, hospitator] |
One sent on before to purvey lodgings for an army, a royal train (OED). |
galangal [AN galyngale] |
The aromatic rhizome of certain Asian plants of the genera Alpinia and Kaempferia, of the ginger family, used in cookery and herbal medicine; (also) any of these plants (OED). |
generosus [Lat.] |
Term designating social status: translated as ‘gentleman’. |
king's widow [Lat. vidua regis] |
The widow of a tenant in chief: so called because whe was not allowed to marry a second time without royal licence. |
knights’ fees |
Units of assessment of estates in land. Originally a single knight’s fee was the amount of land for which the military service of one knight (=knight service) was required by the crown. ‘Fee’ derives from the Latin feudum, which in other contexts translated as ‘fief’. In practice the descent of landed estates meant that many knights’ fees came to be subdivided and, in the later Middle Ages, personal service was frequently commuted to money payments (=scutage). |
liberate, writ of |
A chancery writ issued to the treasurer and chamberlains of the Ex. authorizing them to make payment of a specified amount, often the annual fees, wages and rewards of the K.’s officers. |
linch [Lat. lincia] |
A measure of tin. |
livery |
The delivery of seisin, or possession, of an estate hitherto held in the K.’s hand, for instance when a minor reaches the age of majority. |
mainprize |
Legal term: the action of undertaking to stand surety (=‘mainpernor’) for another person; the action of making oneself legally responsible for the fulfilment of a contract or undertaking by another person (OED). |
mass [Lat. messa] |
A standard measure of metal. |
messuage |
A portion of land occupied, or intended to be occupied, as the site for a dwelling house; (also) a dwelling house together with outbuildings and the adjacent land assigned to its use (OED). |
mort d’ancestor, assize of [Lat. assisa mortis antecessoris] |
A legal process to recover land of which the plaintiff’s ancestor (father, mother, uncle, aunt, brother sister, nephew or niece) died seised (=in possession), possession of which was since taken by another person. |
nolumus, clause of [Lat. cum clausula nolumus] |
A standard clause inserted especially in letters of protection by which pleas and suits are delayed for a specified period of time. |
novel disseisin, assize of [Lat. assisa nove disseisine] |
A legal process to recover land from which the plaintiff claims to have been dispossessed (=disseised). |
pensa | See wey. |
piece [L. pecia] | A standard quantity of merchandise. |
pendent seal | Seal hanging from engrossed letters patent attached to a tongue or tag of parchment. |
perpresture | An illegal encroachment upon royal property. |
plica | A fold along the foot of engrossed letters patent and charters to create a double thickness of parchment, used for attaching the ‘great seal pendent’ to the letters. An incision was made in the plica and through which a tag of parchment was attached. A wax impression of a seal was then affixed to the tag. |
protection | An act of grace by the K., granted by chancery letters, by which the recipient is to be free from suits at law for a specified term; granted especially to persons crossing overseas or otherwise out of reach of the courts in the K.’s service. |
quare impedit, writ of | An action brought to recover the advowson of a benefice, brought by the patron against the bishop or other person hindering the presentation. |
scutage | The commutation of personal military service to the crown for a money payment. Normally called ‘royal service’ in Ireland. |
seisin | Formal legal possession of land. |
sendal [Lat. cendallum; ME cendal] | A thin rich silken material (OED). |
stallage [Lat. stallagium, estallagium] | Payment for a market stall. |
tun [Lat. dolium] | A large cask or barrel, esp. of wine. |
valettus | A term designating social status: translated ‘yeoman’. |
Vidua Regis [Lat.] | See King's widow. |
volumus, clause of [Lat. cum clausula volumus] | A standard clause inserted esp. in letters of protection by which pleas and suits are delayed for a specified period of time. In full the clause runs: volumus quod interim sit quietus de omnibus placitis et querelis (=we wish that meanwhile he be quit of all pleas and plaints). |
waif | A piece of property which is found ownerless and which, if unclaimed within a fixed period after due notice given, falls to the lord. |
waivery [AN weiverie] | The technical term for proceedings of outlawry in the case of women. |
wey [Lat. pensa, peisa, pisa] | A standard of dry-goods weight. |
worsted [ME wyrstede] | A woollen fabric or stuff made from well-twisted yarn spun of long-staple wool combed to lay the fibres parallel (OED). |
writ [Lat. brevis] | Letters close containing commands by the K. to certain specified persons, esp. royal officers. Returnable writs, which were not normally enrolled in the chancery rolls, were to be returned by the officer to chancery with details of the actions taken by the officer in response to the contents. See also allocate, certiorari, liberate. |