Patent Roll 37 Henry VI

[9 Feb. 1459]

At the plea of Robert Dowdall, chief justice of the common bench, and Anne Wogan his wife, one of the daughters of John Wogan, it was ordained and agreed by authority of the said parliament [9 Feb. 1459] that they might have a letter addressed to the most honourable and noble lord, the earl of Pembroke, and another letter testimonial in the following form, viz.:1

[1] ‘Right worshipfull and noble lord we recomaunde us unto you. And pleas you wit that Robert dovedall chief Justice of our souverain lord þe Kings comune benche in Irlande, and Anne his wyf oon of theirs of John Wogan Squier pourposeth to sue to your lordship for hir einheritaunce in Pembrok Shire the whiche Owyn don, which wedded Kateryn the othre of the doghtres and heirs of the saide John occupieth and holdeth forasmuche as it is said, he saith that þe saide Robert and Anne occupieth the enheritaunce the whiche shoulde long unto the said Kateryne in Irlande. Upon þe whiche matire we acerte you in trouthe that þe saide Robert and Anne sued assise of novell disseysyn agayns Nicholas Wogan Davy Wogan and Richard Wogan befor Roland þe sonne of Edward fitz Eustace kynght Tresourer of Irlande and othres Justices of assises in the Counte of kildar after þe decese of the saide Kateryn, at þe whiche tyme þe saide Owyn was tenaunt by the courtesy. And so for severell titles it longed to them to sue oonly assise in their owyn names, and recovered half þe lyving longyng to their parte. And so be they seised oonlie of the half longyng to their parte, and the saide Nicholas occupieth ye othre half to the whiche the saide Owyn pretendeth to have title. And the saide Robert and Anne toke nevir nothing that shoulde long to the saide Owyn. Pleas it you to shewe yo{r} gracieux lordship with favo{r} unto þe saide Robert and Anne that they might have that that longeth to them of right in your parties. And that they may knowe that they fare the better at our contemplacion and prayer. Right worshipfull and noble lord the holy Trinite kiepe you. Writt at diuelin under the oon parte of our souverain lord þe Kings gret Seall of his lande of Irlande in his parlement holden at diuelin the Friday next after the feest of Blasé the Bisshop. To the Right Worshipfull and noble lord Therle of Pembrok By Thomas Erle of kildar depute Lt of Irland and þe lordes spirituels and temporels procato{r}s and communes.’

[2] ‘To all the to whom thes presents lettres shall com Thomas Erle of kildar depute to the Right heigh and mightie Prince Richard Duc of York Lt of our souverain lord þe kyng of his land of Irland and þe lordes spirituels and temporals procatours and communes of þe said lande at our saide souverain lordis Parlement holden at diuelin the Friday next after the feest of seint Blasé the Bisshop the yere of our saide souverain lordes g{a}cieux reigne xxx{ti}vii sendeth gretyn in our lord Jhu Crist. And forasmuche as it is meritorie to berre witnes to trouth that is that we certifie for trouth, that ther as Robert dovedall Chief Justice of our saide souverain lordes comune benche in Irlande and Anne his wyf oon of theirs of John Wogan Squier pourposeth to sue hir enheritaunce in Pembrok Shire, the whiche Owyn don whiche that wedded Kateryn the othre of þe doughters and heirs of þe saide John Wogan occupieth and holdeth as we ben enfo{r}med, for as muche as it is saide he saith that þe saide Robert and Anne occupieth the enheritaunce the whiche should long to the saideKateryn in Irland. Upon the whiche matier we acerte you in trouth that the saide Robert and Anne sued assise of nouel disseysyn against Nicholas Wogan davy Wogan and Richard Wogan before Roland the sonne of Edward fitz Eustace knyght Tresourer of Irland and othres Justices of assises in the Counte of kildar after the decese of the saide Kateryn at the whiche tyme the saide Owyn was tenaunt by the courtesy. And so for severell titles it longed to them to sue oonlie assise in their owyn names, and recouered half þe leving to their parte. And so be thei seised oonlie of the half longyng to their parte. And the saide Nicholas occupieth the othre half, to the which the saide Owyn pretendeth to have title. And the saide Robert and Anne toke never nothing that should long to the said Owyn. In witnes of the whiche the kyng our souverain lordes grete seall of thes his lande of Irlande to this is put. At the instaunce of ye saide Robert and Anne. Yeven the day and place above said.’

T: 

Stat. Hen. VI, pp 586–8.

Footnotes: 

1 The letter was written in English. Superior letters are printed here within curly brackets. Contractions are expanded and printed in italics.

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.