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Patent Roll 5 Henry VI
By the assent of James Butler, e. Ormond, Jcr, and the council, to the honour of God, the Blessed Virgin Mary, St Michael the Archangel and all Saints, for fulfilling the pious purpose and wholesome intention of James Butler, e. Ormond, Thomas Shorthals, William Sutton, John Kilbarry, Robert Ireland, John fitz Robert, John Brayn, Nicholas Parker, Henry Clynche, John Morvyll, Juliana Lowyn, John Barret, Thomas Lawless, chaplain, Edmund Bryan, Master Thomas Aase, Thomas Bennet, Robert Chamier, John Waryng, William Sprot, William Flemyng, Simon Dongane, William Petyt, and Richard Devenyshe, the K. grants and gives licence to them, for him, his heirs and successors, as far as pertains to him, that they or those of them who shall survive, to the glory of God and the Blessed Virgin Mary, a fraternity or guild of the art of shoemakers of the city of Dublin, to be named the fraternity or guild of the Blessed Virgin Mary, for ever, of themselves and other persons, as well men as women, may found anew, begin, commence, enter into and make, and whatsoever honest and fit persons willing to adhere to them voluntarily, among the brethren and sisters of the fraternity or guild, may receive, admit and accept.
And that the brethren of the fraternity or guild so begun, [etc.], may every year have two masters from among themselves who shall be of the art of shoemakers, for the rule, government and superintendence of such fraternity or guild, and the custody of all lands, tenements, rents, possessions, goods and chattels, which to the fraternity or guild thenceforth shall happen to be acquired, given, granted or assigned, or to the fraternity or guild to belong, and for the rule, government and supervision of the art of shoemakers in the city, and the suburbs thereof.
And that such masters for the time being, by the advice of the more reputable brethren of the art, shall have full power to elect, ordain and successively constitute, other masters from year to year, to have the rule, government and superintendence of such fraternity or guild, and of the said art, and the custody of the lands, tenements, rents and possessions, goods and chattels, in the said form; and them and each of them from time to time, when it shall be needful and necessary, to remove from the offices and exonerate, and substitute others of the art in their place, as it shall be expedient.
And that may have and use a common seal to be employed for the business and acts relating to the fraternity or guild, which seal shall remain under the custody of the masters for the time being.
And also that the masters and their successors, masters, who for the time shall be, for that fraternity or guild, and for the lands, tenements, rents, services, possessions, goods and chattels of the fraternity or guild, in whatsoever actions, causes, plaints, demands and pleas, as well real and personal as mixed, of whatsoever kind or nature they be, by the name of the masters of the fraternity or guild of the Blessed Virgin Mary of Dublin, before secular and ecclesiastical judges whatsoever, may implead and be impleaded, answer and be answered, and to implead and be impleaded, and also to answer and be answered, shall be able and duty bound.
And that the masters and brethren of the fraternity or guild may meet at suitable or convenient places and times, as often and when it shall seem fit to them, to treat, agree and communicate among themselves, together with others, for having their counsel and advice, for the state and advantage and rule of the fraternity or guild, and the brethren and sisters of the fraternity or guild and their successors; and to make lawful and honest ordinances to the glory of God and honour of the Blessed Virgin Mary, 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 and diminish, according to the discretion of the masters and brethren of the fraternity and guild and their successors for ever.
And further, grant to the said James Butler, e. Ormond, [etc.], that they or those of them who shall survive, to the glory of God and honour of the Blessed Virgin Mary may make, ordain and establish, according to the discretion, ordinance and provision of them or of those who shall survive, a chantry of one chaplain or more chaplains, to celebrate divine service daily in the chapel of the Blessed Mary in the church of St Michael, in the High Street of the city for ever, for the wholesome state of the K., while he shall live, and of the Jcr and the founders, and also of the brethren and sisters of the fraternity or guild aforesaid, as long as they shall live, and for the K.’s soul when he shall have departed this light, and of his father and mother, and for the souls of his noble progenitors, and of all and singular above expressed when they shall have departed this light; and also of the brethren and sisters of the fraternity or guild, and of their successors and benefactors, and all of the faithful departed for ever.
And that the masters and brethren and their successors may meet at seasonable times and places, as often and when it shall seem to them most expedient, 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 masters and brethren of the fraternity or guild and to their successors for the time being, that they may acquire lands, tenements, rents and services, and advowsons of churches and chapels, 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. in chief or of others, to have and to hold to them and their successors, masters and brethren of the fraternity or guild for ever, of the chief lords of those fees, by the services thereout due and of right accustomed, as well for the improvement of the state of the fraternity or guild, as to find, support and sustain, the charges of the chantry, and to do other works of piety for the said state and souls forever; the statute concerning not putting lands and tenements in mortmain enacted, or other statutes or ordinances whatsoever, heretofore to the contrary made or enacted notwithstanding.
And moreover for the honour of God, the Blessed Virgin Mary, St Michael and all saints, as is said, and the improvement and increase of the state of the fraternity or guild, the K. has granted for himself and his heirs and successors to the masters of the fraternity or guild and to their successors, masters of the fraternity or guild for the time being, that the masters for the time being have full power, as it shall be necessary and shall seem to them most expedient, from time to time to enquire as to all trespasses, deceits, misprisons, oppressions, extortions and defaults, done or committed by any of those who in the city or suburbs of the same exercise the art of a shoemaker, and their servants and apprentices, in all and everything that to the said art within the city and suburbs thereof may appertain; and the same at the suits of those who are willing to complain, to hear and faithfully to determine, and damages to the party complaining, as it shall be just, to adjudge, and issue out to due execution.
And all and singular who before the master by due examination, or in any other mode shall be lawfully found guilty of any of these articles, to chastise, correct and amend by imprisonment within the K.’s prison of the city, or by fines, ransoms, or amercements, as the case requires, in this behalf to be taken.
And the K. wills and firmly commands, for him, his heirs and successors, that the keeper of the K.’s prison in the city, who for the time shall be, or his deputy, receive in custody of imprisonment such guilty and convicted persons by warrants or warrant of the masters and them there safely keep, until by warrants or warrant of the masters they be delivered. Granting for the K., his heirs and successors to the said authority, until they be delivered from the prison such convicts to them committed by the said authority, until they be delivered from the prison by the mandate of the masters, without hindrance from the K., his heirs or successors, or the officers and ministers of the K., his heirs or successors whomsoever.
And also that the masters and their successors, masters of the fraternity or guild, may have full cognizance of all manner of pleas, trespasses, debts, accounts, contracts, agreements, deceits, falsities and misprisons, between shoemaker and shoemaker, shoemaker and his servant or apprentice, and between any other persons and any person of the art of a shoemaker, at the suit of him who will complain concerning anything appertaining to the same art, to be held before the masters where they will, and it shall seem to them most expedient, in the city or suburbs; and also the fines, ransoms and amercements accruing in this behalf, when such shall be imposed or adjudged, to levy and collect by their officers and ministers, to the use and profit of the fraternity or guild.
And moreover that whenever any person of the art shall be willing to take any apprentice of the art, he shall first cause him who is to be the apprentice to come before the masters and the clerk of the fraternity or guild who shall discreetly see whether such apprentice be of free condition, of the English nation, and good conversation, and if he shall be found such that he shall be received as an apprentice, and his indenture thereof shall be enrolled before the masters within the year then next following by the clerk; and that whoever shall receive any one as an apprentice otherwise than as said, such reception by so doing shall be held altogether for null. And that nevertheless the person receiving shall be bound to pay half a mark to the use of the fraternity or guild.
And that as often as any apprentice of the art within the city or suburbs shall run away, it shall then be lawful for his master in his own person or by his certain attorney having letters testimonial under the common seal of the fraternity or guild, to testify that such fugitive was his apprentice, to take and arrest the apprentice where ever he shall be found without the liberties of the lords of the cities and towns privileged by the K., his ancestors or predecessors, and him to his own house to bring back and compel to serve him, as shall be just and consonant to reason.
And that when the term, to wit, of seven years, of any apprentice of the art in the city and suburbs shall have been well and faithfully served and ended, such apprentice shall be brought by him master and the masters for the time being to the Guildhall of the city, and shall there by their testimony before the mayor and bailiffs of the city, for the time being, be received and sworn into the guild of the liberty of the city.
And that no person of the art shall hereafter be received or accepted to obtain the liberty of the city without the assent of the masters of the fraternity or guild for the time being, and of other honest men of the art residing within the city.
And that no person shall exercise or use the art within the city or suburbs, unless by consideration of the masters he shall be found able to exercise the art, and admitted to the guild of the liberty of the city.
And that the masters and their successors may order and appoint a clerk to write their acts and records, and may have as many serjeants and beadles as shall seem to them expedient, to perform due execution and their duty concerning everything.
And that the masters and their successors, together with others of the art residing in the city, may at suitable and seasonable places and times, as often and when it shall appear to them most proper and expedient, treat, agree and communicate among themselves, together with others, for obtaining council and advice for the state and good government of the art, and make and constitute lawful and honest ordinances to the glory of God and for the good government of the art.
The K. has also granted that the masters and their successors, masters of the fraternity or guild, during the term in which they shall remain in those offices, shall not be put in assises, juries, attaints or inquisitions in any of the K.’s courts within the city or suburbs, or elsewhere, although such inquisitions or juries may touch the K., his heirs or ministers. And that none of the masters, while he shall remain in such office, be made collector or receiver of any rents, subsidies, customs or other profits of the K.’s heirs and successors or any other whomsoever, arising within the city or suburbs, relating to the K.’s use or that of his city.
For 6s 8d paid into the hanaper.
Stat. Edw. IV, pt 1, pp 332–44.
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. |