Patent Roll 15 Henry VI

24 Jul. 1437
Dublin

INSPEXIMUS and CONFIRMATION, at the prayer of the prior and convent of the monastery of the holy apostles SS Peter and Paul near Wexford: It is ordained, enacted and established in parliament, and by authority thereof, that the letters patent, the tenor whereof ensues, and all other things therein contained, be accepted, approved, ratified and confirmed in all points:

'Henry [VI] by grace of God, K. of Eng. and France and Lord of Ire., to all to whom the present letters shall come, greeting.

The prior and convent of the monastery of the holy apostles Peter and Paul of Selskar, near Wexford, have petitioned the K. that whereas K. Richard II of Eng., by his letters patent made at Dublin under his own attestation, on 1 Feb. 18 Ric. II [1395],1 granted and gave licence to the prior and convent, that they might acquire lands, tenements, rents and advowsons of parochial churches, vicarages, chapels and chantries, to the value of £10 p.a., according to a true extent to be made thereof, to them and their successors, the said lands and tenements, rents and advowsons to be amortised, united and annexed, and the said churches, vicarages, chapels and chantries to be appropriated, to have and to hold to their own use to themselves and their successors for ever; the statute made against putting lands and tenements in mortmain notwithstanding, as by his letters patent enrolled in the rolls of the chancery of Ire. more fully appears.

And John Talbot kt, lord of Talbot, Furnival and Wexford, by his deed made at Wexford on 20 April 3 Hen. VI [1425], gave to the prior and convent and their successors the chapel of St Nicholas of Carrick, and the advowson of the same chapel, with its appurtenances, to have and to hold the chapel and advowson to the prior and convent and their successors in pure and perpetual alms for ever, which chapel and advowson are held of the K. in chief, and were held of the K. at the time of the alienation.

And also, Robert [Whittey], bp Ferns, by the assent of the dean and chapter of the church of Ferns, on 5 Oct 6 Hen. VI [1427], gave to the prior and convent the parochial church of Ardcaven and the advowson of the same, which then was parcel of the temporalities of the bishopric and held of the K. in chief, to have and to hold to the prior and convent and their successors to their own used for ever, the K.’s licence of alienation not obtained; which prior and convent had no other licence to amortise the church advowson, chapel and advowson, save the licence of the said late K. [Ric. II], nor any writ ad quod damnum executed by the prior and convent, nor any office taken to certify to the K. the matter. The K. would be willing to consider as well the licence granted by the late K. as the ignorance of the prior and convent in making such acquisitions, and the poverty of the prior and convent and of their monastery, also the ruin of the rents and possessions of the prior and convent effected by the Irish enemies, to pardon and release to the prior and convent and their successors, the offence and trespass that they have committed by acquiring and appropriating the church advowson, chapel and advowson, our licence for the same not being obtained. And also to release to the prior and convent the right and title that the K. has to the church, advowson, chapel and advowson, by reason that the prior and convent have acquired and appropriated to their own uses the church, advowson, chapel and advowson, contrary to the form of the statute, licence thereupon not being obtained; the above statute or any other statute against amortising made to the contrary notwithstanding. And further, to ratify, approve and confirm the estate, title and possession that the prior and convent have in the church, advowson, chapel and advowson, for the K. and his heirs, that the prior and convent may peaceably have and hold to their own uses, to themselves and their successors for ever, the church, advowson, chapel and advowson, the statute or any other statute made to the contrary thereof notwithstanding. The K. having considered the premises and wishing to do a special favour in this behalf to the prior and convent, by the assent of Richard [Talbot], abp Dublin, Jcr, have pardoned and released to the prior and convent and their successors, the offence and trespass that they have committed in acquiring and appropriating the church, advowson, chapel and advowson thereof, the K.’s licence thereupon, as is said, not being obtained. And also the K. has released to the prior and convent the right and title that he has to the said church, advowson, chapel and advowson, by reason that the prior and convent have acquired and appropriated the church and advowson, chapel and advowson, to their own uses, contrary to the form of the statute, the K.’s licence not being obtained; the statute or any other statute against putting in mortmain made to the contrary notwithstanding. And further, the K. ratifies, approves and confirms, for him and his heirs, the estate, title and possession that the prior and convent have in the church, advowson, chapel and advowson, granting that the prior and convent may peaceably have and hold to their own uses to themselves and their successors for ever, the church, advowson, chapel and advowson; the said statute or any other statute made thereupon to the contrary notwithstanding. In witness whereof these letters patent have been made.

And moreover, it is ordained and granted that the estate, title and possession that the prior and convent have in the chapel of St Nicholas of Carrick, and advowson of the chapel, with the appurtenances, and also the parochial church of Ardcavan and advowson of the same, and in each of them, be accepted, approved, ratified and confirmed, granting that the prior and convent and their successors may peaceably have and hold to their own use, to them and their successors for ever, the said chapel, advowson, church and advowson. Any statute, act, ordinance, resumption, or provision made to the contrary notwithstanding. Saving to every person his right.'

Attested: 
Richard Talbot, abp Dublin, deputy Lt
T: 

Stat. Edw. IV, pt 1, pp 124–5.

Footnotes: 

1 See CIRCLE, PR 18 Ric. II, §72.

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.