Close Roll 49 Edward III

26 Oct. 1375
Kilkenny
To the T. and chamberlains of the Ex.

Lately, by assent of the K.’s great council, for the necessary salvation and defence of his land of Ire., the K. ordained that any man having lordships, lands, tenements and possessions in the K.’s said land should come in person to his said land, or send men there according to the value of his said lordships, lands, tenements and possessions, before Easter 43 Edw. III [1 Apr. 1369], to stay there thenceforth in aid of the defence and salvation of the K.’s said land, under pain of forfeiture of those lordships, lands, tenements and possessions.

The K. has learned that, because his beloved and faithful John Crophulle kt—who, at the time that that ordinance was made and afterwards, held the manor of Casteltone, with appurtenances, near Dundalk in Ire.; and one carucate of land, with appurtenances, at le Hagard; and 6s 2d of rent, with appurtenances, in le Miltone, co. Louth; and various other lands and tenements, with appurtenances, in the K.’s said land of Ire., in various other counties in that land and also in the said county of Louth—did not come in person to the K.’s said land, nor did he send sufficient men according to the value of the said manor, lands, tenements and rent before the said feast, to stay there thenceforth according to the effect of the said ordinance, the manor, lands, tenements and rend were forfeited to the K. by virtue of the said ordinance and taken into the K.’s hand; and they remained in his hand in the same manner until the present.

Of his special grace, the K. pardoned John the forfeiture of the manor, lands, tenements and rents, with appurtenances, thus incurred by virtue of the said ordinance, and he granted and restored to the same John, for the K. and his heirs, as much as was in him, that he should have and hold the said manor, lands, tenements and rents with appurtenances in their former state and in the same manner, from the same lords and by the same service by which the manor, lands, tenements and rents used to be held before the said forfeiture, the said ordinance notwithstanding, just as is more fully contained in the K.’s letters patent made concerning this.

Therefore, by various royal writs sealed with g.s., on 16 Feb. [1374] 48 Edw. III,1 the K. ordered his beloved and faithful William Windsor, governor and keeper of his land of Ire., and to his C. and T. there, that they should cause the said manor, lands, tenements and rents to delivered to John to have according to the tenor of the K.’s letters, just as more fully appears in the K.’s said writs. When the governor and others of the K.’s council in that land had read, seen and understood the K.’s letters patent and writs, because they it was known to them that the lands, tenements and rents had been committed by letters patent to certain farmers of the K. for a certain farm rendered annually to the K., of their common assent and advice it was agreed and adjudged that the K.’s serjeants and farmers should be summoned by a writ of premunire to be in the chancery of Ire. on a certain day to inform the K. concerning his right in the premises. Therefore, by various writs, the K. ordered the sheriffs of Dublin and Louth, and the seneschal of the liberty of Meath to notify the K.’s serjeants and John Bellewe, K.’s farmer of all the lands and tenements of the said John Crophulle in that land, with appurtenances, that they should be before the K. in his chancery on a certain day in the future to show on behalf of the K. or of themselves why the lands, tenements and rents, with appurtenances, ought not to be delivered to the said John Crophulle, according to the force and effect of the K.’s letters patent and writs, and further to do and accept the decision of the court in this part; and they were to have there the K.’s writ addressed to them on this matter.

And the said sheriff of Dublin and the K.’s seneschal returned separately in chancery that notification was made to the serjeants and the said John Bellewe to be in chancery at the day appointed in the K.’s writs to act as the same writs required, and similarly the said sheriff of Louth returned that he notified John Bellewe to be and act in the said form; but that he was unable to notify the K.’s serjeants because they did not have lands or tenements in his bailiwick in which they might be summoned, nor were they be found in his bailiwick. On that day, John Bellewe was solemnly called but did not come, and the said K.’s serjeants and John Crophulle, by his attorney John Cruys, appeared in chancery. And John Crophulle pleaded by his attorney that the lands, tenements and rents with appurtenances, together with the issues from the time of the pardon of the said forfeiture by the K. should be delivered to him according to the force and effect of the said letters patent and writs. And because neither the K.’s serjeants nor the said John Bellewe, nor any other in the K.’s name, for the K. or themselves, said, knew or alleged any reason why the lands, tenements and rents ought by right to be in the K.’s hand, except by reason of the said forfeiture, and that truly the K. did pardon the forfeiture to him, as was said, and the K. restored the same lands, tenements and rents with the appurtenances to him in his chancery, it was determined that the lands, tenements and rents with the appurtenances should be delivered and restored to the said John Crophulle according to the force and effect of the K.’s said pardon and restoration; and as to the issues and profits received by the K. from the said time, judgement concerning them was left in suspense until the court might be advised otherwise, because no mention was made concerning their restoration in the said letters patent.

And because later, the K, by another writ sealed under the said g.s. [of Eng.], ordered the said governor, C. and T. to cause John Crophulle to have all the lands and tenements with the appurtenances together with the issues received by the K. from same from the said 16 Feb. 1374, just as is contained more fully in the same writ, and also because the same John Crophulle, by his petition displayed to the said governor and council of the K.’s said land in his parliament held in the octaves of Michaelmas last [6 Oct. 1375], humbly pleaded to the K. that he might see fit to order restoration to be made to John of the said issues aforesaid, according to the force and effect of the K.’s writ, the K. caused the said issues to be restored to the same John Crophulle, by advice of the said governor and council.

ORDER to deliver without delay to John Crophulle all the issues received by the K. from the said lands and tenements from the said 16 Feb., to have according to the tenor of the K.’s said writ.

Attested: 
William Windsor, governor and keeper
Authorized: 
By petition of parliament.
O: 

TNA (PRO), E 101/245/9, pt 2, §2 («Parls & councils», §42, pp 74–8).

Footnotes: 

1CPR 1370–4, p. 417; CIRCLE, PR 49 Edw. III, §25.

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 [Latdolium] 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.