Patent Roll 3 Edward IV

15 Dec. 1463
Dublin

INSPEXIMUS of the tenor of certain acts or ordinances made at the parliament at Wexford on Friday next before St Martin the Bishop, before Thomas, e. Desmond, deputy to George, duke of Clarence, Lt, and thence adjourned to Waterford and thence to Naas where it was edited in these words and also at the request of the commons. That whereas the abbey of the house of St Thomas the Martyr near Dublin is of the K.'s foundation to which the K.'s progenitors gave and granted to the abbot and canons of said house and to their successors a carucate of land, in which carucate the said house is situated and also that said carucate, with appurtenances, and the mills were and are the greatest support of the abbot and canons, and often times through the ill government of the abbots of said house various parcels of land, with appurtenances, and mills are let to farm for little value and the cattle that ought to till the land are taken for issues lost in the K.'s courts by said abbots and in their debts parcels of said lands [etc.] are put in execution on account of judgments rendered in the K.'s courts and thus the abbot and canons often lack their support, so that divine service cannot be kept or sustained by them as their foundation of right ought to be. Wherefore the premises being well considered and that divine service of God should be kept in time to come it is ordained [etc.] by the authority of said parliament that from henceforth no manner of distress be taken in the said land [etc.], nor any parcel thereof, nor the goods nor chattels pertaining to said abbot and canons or their successors which now are or shall be ordained in the depasturing, manuring, nourishing, tilling or in any manner to depasture or occupy or serve in the occupation of the said carucate and mill to the profit of the abbot and canons or their successors be not put in execution nor taken by way of distress in any manner in any offence, trespass, ill government, debts incurred hereto or in time to come, rent-charges, annuities or to be in any other kind of rent or any other thing hereto by granted or due. or hereafter to be granted nor distressed by reason thereof, nor for any issue forfeited or to be forfeited to the K. or his heirs or in their courts nor in any judgements rendered or to be rendered in the K.'s courts or in any other courts, nor in any kind of execution of the said judgments, nor in any other cause, so that the said carucate [etc.] with all cattle, goods, [etc.] be cleared, acquitted and discharged as well towards the K. and his heirs as any other person or persons here - to lose? and in time to come in the premises or any of them, or for any other charge, cause or matter whatsoever it may be, to the intent that the abbot and canons and their successors in time to come may keep the divine service in said abbey or house and these have their support. Also at the request of the commons that wheread one Adam de Hereford was seized in his demense as of fee of the advowson of the churches of B.V.M. of Leixlip and of St Columb of Comfye1 and being so seized thereof he gave and granted them to God and the canons of the house of St Thomas the Martyr near Dublin to have and to hold to them and their successors in proper use with the licence of the pope, the K. and the ordinary there for the time being, by force of which one John, at the time abbot of the said house and its canons were seized of the advowsons in proper use and took the tithes of the said churches as in sheaves and wheat and oats and alleioge? and other things that belong to the said churches and they continued their possession thereof until the time when they were ousted of the moiety of the tithes thereof by reason of a presentation made by Edward II, progenitor of the K. [to the] church of St Columb aforesaid and after the said John the abbot died and thus by reason of the said presentation and other presentations after that time make to divers persons by the K.'s noble progenitors as by any other person the abbots and canons for the time being of the said house after the death of John the abbot have been held out of the possession of the said church of St Columb as of the moiety of the tithes of said church, wherefore the premises being considered, it is ordained and granted by the authority of the parliament that Richard, the present abbot of the house and the canons thereof may have, hold, occupy and enjoy to them and their successors forever in proper use of the advowson of the said church with all manner of tithes and revenues? with the appurtenances to the said church in proper used in any manner pertaining any title or possession of the K. or his predecessors in any other person or cause or matter notwithstanding. Provided always that this act be not prejudicial to Sir Nicholas Jurons, chaplain, during the natural life of the said Sir Nicholas saving to every one his right. Cause the tenor of the acts or ordinances to be exemplified by these presents at the request of Richard, abbot of the house of St Thomas the Martyr near Dublin. In testimony whereof these letters patent have been made.

Attested: 
Thomas, e. Desmond, deputy Lt
C: 

RIA, MS 12.D.38, p. 161; COA, PH 15175, p. 251.

Footnotes: 

1 Confey is adjacent to Leixlip, the church there was dedicated to St Columba.

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.