INSPEXIMUS by Hen. VI of several enrolments in the chancery of Ire. as follows.
[1] 'MEMORANDUM that on 30 March [?22 Hen. VI] in the K.’s council within the house of the Friars Minor of Drogheda | a discussion took place between James Butler, e. Ormond, Lt of Ire., and the following members of the K.'s council, viz.:
Richard [Talbot], abp Dublin;
Richard Wogan, chaplain, C. of Ire.;
Christopher Bernewall [chief] justice for holding the K.’s pleas in Ire.;
Robert Dowdall, chief justice of the common bench in Ire.;
John Cornewalsh, chief baron of the Ex.;
William Chever, second justice of the K.’s pleas;
Peter Clayton, one of the barons of the Ex.
Edward Somerton, the K.’s serjeant-at-law;
and Richard FitzEustace kt.
The Lt declared that for the advantage and benefit of the said land he had directed letters under the p.s. to Giles Thorndon, then T. of Ire., and to others of the K.’s council in Ire. to be with him at Drogheda on Friday after the Annunciation of BMV. Yet notwithstanding that the letter of p.s. was delivered to the said T. and received by him, after the letter so received the T. on the tenth hour after the Nones on the day of the Annunciation of BMV stole away in the night secretly and like a thief out of Dublin castle towards Howth and there took ship for abroad to enter [Eng.] without any mandate of the K. or of the royal council of Eng. directed to him, or that he absented himself for any good of the lord K. in Ire., nor did he declare any such cause to the lord Lt or his council. But because tide and wind were against them the sailors were compelled to return to Ire. on the morrow of the Annunciation, and said T. had to land at Howth as the Lt learned by evidence of bailiffs, wardens, sailors and others who dwell on that coast, duly examined before him. After which declaration Sir Christopher Bernewell showed the Lt how that the T. before his departure from Ire. by Irish letters patent he was appointed as deputy in the office of T. in his absence. Asked by the Lt if he had these letters, he said no. Wherefore, because by due examination both of the C. and also of the deputy clerk and keeper of the rolls of chancery of Ire. it was discovered that the said pretended deputyship was made to Christopher on the 23 March in the above year, which pretended deputyship was before the T.’s first crossing over the sea as narrated abov, the said C. being questioned whether he knew of any later deputyship made by the T. to Sir Christopher or to any else before his later crossing to Eng., viz. was there after the feast of the Annunciation any such deputy-ship sealed under the K.’s seal, said no. Wherefore the Lt, reciting various precedents in such cases made by the Lt, justices and other officers of the K., and moved, as he declared, by reason and the laws and ancient customs of the said land |found the office of T. of Ire. vacant and unoccupied, and declared it so before the said royal council.
The Lt ordered all of this to be enacted and enrolled and to remain on record in the rolls of chancery.'
INSPEXIMUS of a second record enrolled in the chancery of Ire. to this effect, viz.:
[2] 'MEMORANDUM that in the abovesaid day, place and time the Lt before the royal council declared how that by trustworthy evidence he had learned that the said Giles, T., and constable of Dublin castle, had consorted with one Thomas fitz Maurice, a notorious traitor who, with a multitude of Irish enemies and English rebels, had broken the K.’s prison and gaol in which lay Brother Thomas fitz Gerot, styling himself prior of the hospital of St John of Jerusalem in Ire. | whom the Lt had put there on suspicion of felony and treason, and afterwards had been given special mandate by the K. under his p.s. of Eng. to keep him firmly detained and guarded until he should have other command from him | and brought out the said pretended prior and set him at large. He (Giles), knowing Thomas to have committed felony and treason, had in Dublin castle, both in the hall at table as in the room and garden there, and also in the church of St Mary “de le Dam” near the castle, had secret colloquies with him and received him now publicly now secretly. Which Thomas incontinently afterwards went off to the said Irish enemies and traitorously adhered to them and still adheres. Also Giles had absented himself out of the land of Ire. before this on various occasions contrary to the statutes made thereon. Wherefore the Lt, moved by these and other charges made against said Giles, as he asserted, took and seized into the K.’s hand all offices and fees belonging to him; all which he ordered to be enacted and enrolled in chancery and to remain on record.'
INSPEXIMUS of a third record of the chancery of Ire., to this effect.
[3] 'MEMORANDUM that in the said year, day and place, viz. 30 March, the same Lt declared to the K.’s counsellors of Ire., then assembled, that he had for various reasons decreed the offices and fees of said Giles to be vacant and seized unto the K.’s hand, and because it was not to the advantage of the K. and public weal that they should remain vacant and because Easter was approaching, in which the K.’s revenues in Ire. by various means were likely to accrue, and be received into the treasury if a good, diligent, faithful and industrious man were appointed to the said office. And because it is the custom of the land of Ire. ever since the conquest of the same that whenever it happens that the office of C., T., or other office belonging to the K. has in any way become vacant, then the Lt or justice for the time being with the K.’s council of the same land shall ordain for such offices, and by advice of the royal council shall appoint suitable men in place of those vacating them, as long as it shall please the K. and until the K. out of Eng. by his letters patent shall otherwise ordain – the Lt therefore required and directed the counsellors to name and choose a suitable man for the said office. And first he called upon Edward Somerton, serjeant-at-law, to name and choose someone whom he knew to be suitable; and he after deliberation said that whereas Robert Dyke, archdeacon of Dublin, was a man of honest life and conversation and also famed from his youth up in various courts of the K. and in various honourable offices under him both in Eng. and Ire., and already on various occasions had been named deputy C. and deputy T. in Ire., he declared the said archdeacon able and suitable for the office, whom the other counsellors also named and chose. It was therefore agreed by the Lt and the council, according to the custom of the land of Ire., that Robert Dyke should be T. of the same, as long as it should please the K.; receiving the usual fees. And that on this the K.’s writ patent should be made under the g.s. of Ire. to the same Robert in the form accustomed.'
INSPEXIMUS [on the dorse] of a fourth record enrolled in the chancery of Ire. to this effect.
[4] 'MEMORANDUM that on the 21 June [1444] 22 Hen. VI in the vestry of the chapel of St John within the church of St Peter in Drogheda, James Butler, e. Ormond, Lt of Ire. – Richard [Talbot], abp Dublin, Richard Wogan, C., Brother Hugh Midilton, ‘turcupellarius’ of Rhodes, prior of Kilmainham, Christopher Bernevale, chief justice of the K.’s pleas in Ire., William Chever, second justice of the K.’s pleas, John Gogh, second baron of the Ex., Peter Clynton, another baron of the Ex., and Edward Somerton, K.’s serjeant-at-law, counsellors of the K. in his said land of Ire., being then present – summoned one Brother Thomas Talbot of the hospital of St John of Jerusalem in Ire. then present and required him on the part of the K. that there | before the royal council and before Robert Manseld, esquire, usher of the chamber of the lord K., who had been sent to the Lt and council with credence, letters and writs from the K. in order to make a true relation thereupon to the K. | to offer testimony how that Giles Thorndon, late T. of Ire., at the time when the K.’s parliament was held at Dublin before the said Lt, slandered James, e. Ormond, then K.’s Lt in Ire.; which Brother Thomas humbly begged the said Lt to have him excused in the same, who again required Brother Thomas on the part of the K., and because Thomas was related by the tie of kinship to the said Lt, to offer true testimony on this matter. Which Brother Thomas said that he heard Giles Thorndon in the archbishop’s palace of St Sepulchre’s near Dublin say to the archbishop of Dublin, that he would make sedition against the Lt and that he Giles was the first who would cut his head off and that he would bear it in a napkin to the lord K. because he knew that he would get pardon from the K. for that deed and reward to the value of £1000. Also he said that if said Giles were present and wished to deny said words that he would repeat them before him and would offer to prove it by his body.
Afterwards then and there immediately the Lt before his council and before Robert Manseld required on the part of the K. and Christopher Bernivale that he would relate what violence and insults Nicholas Woder had done in the city of Dublin to himself, then justice, to the shame of the lord K., which Christopher, justice, replied that in the time when Leo, Lord Wells, was Lt of the K. in Ire., he, Christopher, as justice sat at Dublin, over the chief pleas there and as chief justice of the K.’s pleas, going from the street in which the pillory is to the archbishop’s palace met the said Nicholas and a certain notorious felon of the K. by name Tirrelagh Machenoy, indicted of felony and outlawed, with him, which Nicholas, looking him in the countenance openly and proudly questioned Christopher in these words: “why do you prosecute this Tirrelagh?” To which the same justice replied and said “because he is a felon of the K. and is indicted and outlawed for felony.” To which the said Nicholas said “behold he is here present. I shall now see what you wish to do with him.” Which justice then arrested the said felon, as he said, and ordered him on the part of the K. that he should come with him, but Nicholas rashly and irreverently answered him and said that the said felon should not go with him for the same reason or for any other reason. And said Nicholas violently broke the said arrest and took him with him by force, not permitting the said felon to go with the said justice, to the dishonour and contempt of the K. and the insult and reproach of said justice. Which all and singular the said Lt then ordered to be enacted and enrolled and to remain on record in the chancery.'
EXEMPLIFICATION of the above memorandum for certain reasons specially touching him and the benefit and advantage of the land of Ire.