Patent Roll 14 Edward IV

[No date.]

Warrant: It is established, ordained and enacted by authority of parliament that letters patent be made to Thomas, e. Kildare and others, to found a fraternity in honour of BMV and St Katherine the Virgin, for 20s paid into the hanaper, in the form that follows:

"At the request of the commonality of Ire., for the honour and praise of God and of the glorious Virgin Mary and of St Katherine the Virgin and to fulfil the pious proposal and salutary intention of Thomas fitz Maurice, e. Kildare, Roland fitz Eustace kt, lord of Portlester, the venerable Father William [Sherwood], bp Meath, Walter, abbot of the house of BMV near Dublin, Walter, son and heir of William Marewood, the son and heir of Richard Marewood kt, baron of Skreen, Barnaby Bernewall, Walter Cusake, Nicholas Cusake, Patrick Dillon, James Dillon, Christopher Telyng, John Hoill, John Wafre, John Swayne, junior, and Thomas Swayne, the K. has granted and given licence to them for him and his heirs and successors that they (or any) or any one of them who shall survive of them successively and in perpetual succession may begin anew, commence, enter into, make, found, ordain and establish a certain fraternity or guild out of themselves or other persons both men and women in the fraternity or guild to be made and ordained in form following and may receive, admit and accept those and other persons whomsoever freely wishing to join them as brothers and sisters of the fraternity or guild; and that the brethren of the fraternity or guild so begun, commenced, entered into, made, ordained and established, shall have full power every year to choose, ordain and successively appoint a master and two wardens from amongst themselves who (shall have) the rule, government and supervision of such fraternity or guild and the custody of all lands, tenements, rents, services, possessions, goods and chattels which henceforth shall happen to be given, granted or assigned to the fraternity or to belong to the fraternity or guild, and to remove and exonerate the same master and wardens from the offices from year to year and from time to time, whenever it shall be needful and necessary, and to place, substitute and appoint others of the guild or fraternity in their place and name, as it shall best please them. And also they may make, commence and enter into a perpetual fraternity or guild amongst and of themselves, and in future may have and use a common seal to be employed for the business and acts relating to the same fraternity or guild. And also that the master and wardens and their successors who for the time shall be, for that fraternity or guild and for the lands, [etc.] of the same fraternity or guild in whatsoever actions, causes, complaints, demands and pleas, as well real and personal as mixed, of whatsoever kind or nature they be, by the name of the master and wardens of the fraternity or guild of the same BMV and St Katherine before secular and ecclesiastical judges whomsoever shall implead and be impleaded, answer and be answered, and may and ought to implead and be impleaded, answer and be answered. And the same Thomas fitz Maurice, e. Kildare, [etc.] and every of the brethren of the fraternity or guild and their successors, masters and wardens and brethren of the same fraternity or guild, shall and may assemble at suitable or convenient places and times as often and when it shall best please them to treat, agree and communicate among themselves, together with others, for having counsel and advice for the state and good rule of the fraternity or guild of the brethren and sisters of the fraternity or guild and their successors, and to make lawful and honest ordinances to the praise of God, the aforesaid BMV and St Katherine, for the good government of the fraternity or guild from year to year and from time to time, and the same ordinances in like manner from time to time when it shall be requisite and necessary to augment or diminish, according to the good discretion of the same master and wardens and brethren of the fraternity or guild and their successors, masters, wardens and brethren of the fraternity or guild for ever. And further, the K. has granted to Thomas fitz Maurice, e. Kildare, [etc.], that they or any of them that survive, to the praise and honour of BMV and St Katherine, may make, ordain, and establish, according to the good discretion, ordinance of the same Thomas, [etc.] or any of them who shall survive, certain chantries of two or more chaplains to celebrate divine service daily in the chapels of BMV and St Katherine the Virgin in the parish church of St Columb the abbot, of Skreen, for ever for the wholesome state of the K., while he lives, and of Thomas, {etc.], and their founders and also of the brethren and sisters of the fraternity or guild, as long as they shall live, and for the souls of the K.’s noble progenitors and of all and singular the above named when they shall have departed this life, and of their successors and of all the faithful departed for ever. And that the masters and wardens and the brethren and sisters, and their successors, of the fraternity or guild, who for the time shall be, may from year to year and from time to time depose and remove the chaplains and may elect and place other suitable ones in their places, as it shall best please them. And that the masters or wardens and brethren and sisters and their successors, masters and wardens and brethren and sisters of the fraternity or guild, may assemble at fit places and times when it shall best please them, to treat and ordain for the chantry according to the ordinance in this behalf to be made. And moreover, the K. has granted and given licence to the master, wardens, brethren and sisters and their successors of the fraternity or guild for the time being, when the fraternity or guild shall be so made, ordained and established, that they may acquire lands, tenements, rents and services, as well in demesne and fee as in reversion, with the appurtenances up to the value of £10 p.a. above charges and reprises whether they be held of the K. or others in chief, to have and to hold to them and their successors, masters, wardens and brethren and sisters of the same fraternity or guild for ever, of the chief lords of those fees by the services thereout due and of right accustomed, to find, support and sustain the charges as well of the fraternity or guild as of the chantry of two or more chaplains to celebrate [divine service] in the chantry, and do other works of piety for the state and souls for ever. The statute concerning not putting lands and tenements in mortmain enacted or any other statutes or ordinances whatsoever heretofore enacted notwithstanding. Not willing that Thomas, [etc.] or their heirs or the masters or wardens of the fraternity or guild or their successors by reason of statutes, ordinances or other things or any one of the premises whatsoever shall be harassed, impeached, disturbed, troubled in any wise or grieved in future by the K., his heirs or successors, the judges, escheators, sheriffs, mayors, bailiffs or ministers of the K. or his heirs or successors or of others whomsoever therefor. In witness wherof, &c. Provided that it be not prejudicial to John Hoill and his wife or to their heirs or any of them."

For 20s in the hanaper.

T: 

Stat. Edw. IV, pt 2, pp 228–36.

End of Roll

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.