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Patent Roll 5 Henry IV
Being confident in their prudence, circumspection and industry, APPOINTMENT of the K.'s beloved esquires Thomas s. of Simon Cruys, Christopher Holywood, Thomas Serjaunt and Walter Tyrell, together and separately, as keepers and supervisors of keepers of the K.'s peace in co. Dublin. They are to assess and cause to be arrayed all men and ecclesiastics having temporalities within that county to horses and arms, hobelars, archers and foot according to the quantity of their lands and tenements, goods and chattels; and, having been thus assessed and arrayed and fortified with arms, to place them in twenties, hundreds and thousands, and lead them to marcher areas where hostile invasion by Irishmen or Englishmen, rebelling against the K. or his faithful people or the K.'s peace, may occur; and, with God leading, to fight and repulse them.
And they are to observe the Statute of Winchester in all its articles for the conservation of the K.'s peace within that county, because of robberies and other felonies committed there beyond measure. And also to amerce all those unwilling or refusing to do the premises or to rise in hue and cry to their aid and that of the K.'s faithful people; and to cause those amercements to be levied speedily, and from time to time they are to render faithfully an account before the venerable father in Christ, Thomas [Cranley], abp Dublin, and not elsewhere. And they are to do and execute all and singular things which seem best to them for the benefit of the K.'s peace. Giving to them, by the tenor of these presents, full power to deputize, place and appoint other sufficient and suitable persons, for whom they are willing to answer, in any baronies or districts in that county whatsoever, to do and execute all and singular of the premises for the benefit of the K.'s peace.
APPOINTMENT also to inquire, by oath of prudent and law-worthy men of that county through whom the truth might best be known, concerning all trespasses, seditions, felonies, ambidextries, champerties, extortions, contempts, falsities, false allegiances, conspiracies, confederacies, maintenances, receipts of felons, and all excesses whatever; and to arrest all and singular persons indicted before them, and to commit them to gaol, to stay there until the K. ordains for their delivery or otherwise. And also to arrest all goods and chattels of felons, fugitives or outlaws forfeited to the K., and to appraise them by oath of worthy and law-worthy men of that county. Wishing and granting by the tenor of these presents that they and each of them for their labours should have of the K.'s gift one third of all goods and chattels of such felons and outlaws as happen to be taken or levied by them to the K.'s use; such that they are to answer for the other two thirds of those goods and chattels due to the K.
GRANT also, by the tenor of these presents, of full power for the benefit of the peace to treat with all the K.'s Irish enemies and rebels, felons and outlaws; wishing and granting that those Irish enemies, rebels, felons and outlaws shall be in the K.'s protection for the time they are engaged in such treatings, such that they shall not be troubled by the K. or any of his ministers, nor anyone else.1
NLI, [Harris] MS 4, f. 112d (=Frame, 'Commissions of the peace', pp 36–7).
RCH.
Frame, 'Commissions of the peace', §44.
1 This is the first item on the dorse of RCI roll §65.
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 [Lat. dolium] | 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. |