MEMORANDUM1 that on Friday 24 Sept. [1423] 2 Hen. VI in a certain chamber within the house of the Friars Minor of Drogheda, the venerable father Edward [Dantsey], bp Meath, showed the K.’s letters patent made to Edmund [Mortimer], earl of March and Ulster, of the office of K.’s Lt in Ire., before the venerable father Richard [Talbot], abp Dublin, then Jcr and C. of Ire., and others of the K.’s council, in these words:
‘APPOINTMENT, by advice of the great council, of Edmund [Mortimer], earl of March and Ulster, as the K.’s Lt of Ire., to have from his first landing in Ire. and to continue for nine years. The earl may make, ordain and appoint a sufficient deputy for whom he wishes to answer, as often and whenever it pleases, to keep and have the governance of that land in his absence; and the same earl may do all and singular things that pertain to the office of Jcr of the K.’s said land, and shall have both great power in all ways and means just as the justiciars of the K.’s said land were accustomed to have, use or duly exercise.’2
On the same day the bishop similarly showed before the Jcr and council other letters patent under the seal of Edmund, e. March and Ulster, lord of Wigmore and Clare, granting to the bishop the office of deputy of the Lt in that land, in these words:
‘Edmund, e. March and Ulster, lord of Wigmore and Clare, to all to whom these present letters shall come, greetings.
By assent and advice of his great council, the K. has ordained and appointed the said earl as his Lt of Ire., to have, hold and occupy that office from the first day on which he or his deputy shall land in that land until the completion of the nine years following, receiving in that office according to the form and effect of a certain indenture made between the K. the earl concerning this. The K. has given and granted to the earl by the tenor of those letters patent full power that, as often and whenever it pleases him, he may make, ordain and appoint a sufficient deputy, for whom he is willing to answer, to keep and have the governance of that land. Also the K. has given and granted to the earl, and his deputy for the time being in the earl's absence, by the tenor of those letters patent full power to keep and cause to be kept the K.’s peace and the laws and customs of his land, and to do, exercise and execute all and singular things just as appears more fully in those letters patent made to the earl concerning this. NOTIFICATION that, trusting in the fealty and prudence of his beloved in Christ Edward [Dantsey], bp Meath, the earl has appointed, ordained and constituted him as his deputy in that land during the earl's absence, to keep that land and cause it to be kept and to do, exercise and execute all and singular things contained in those letters patent in the earl's absence, just as the earl would do if he were present in that land in person. With ORDER to all and singular the K.’s officers, ministers and lieges in that land whatsoever, on behalf of the lord K., that they are to be intendant, aiding and favouring to the earl's deputy in his absence in doing and executing the premises.
Given under the earl's seal at his castle of Ludlow on 4 Aug. [1423] 1 Hen. VI.’
After these letters had been viewed and read out before the Jcr and council, the bishop said that he was prepared to fulfil the K.'s wishes and those of the earl in the premises as deputy of the Lt. And the Jcr stated that he wished to consult and discuss this with the council. The bishop withdrew from the council. When the Jcr and council had treated and diligently consulted upon the premises, one Thomas Stynt kt came into the council and displayed a certain writ of the K. to the Jcr of non-interference [breve regium de non intromittendo], in these words:
‘Henry, by grace of God K. of Eng. and France and lord of Ire., to the venerable father in Christ Richard [Talbot], by the same grace bishop [sic] of Dublin, formerly our Jcr in our land of Ire., greetings.
Trusting fully in the fealty and prudence of his beloved cousin Edmund [Mortimer], e. March and Ulster, by advice and assent of the K.'s great council the K. has ordained and constituted him as his Lt of Ire., to have, hold and occupy the office from the first day on which the same earl or his deputy shall land in that land until the completion of a term the nine years following, receiving in that office according to the form and effect of a certain indenture made between the K. and the earl; and that the same earl may do all and singular things that pertain to the office of Jcr of Ire., and may have as great a power in all ways and means just as the Jcr of Ire. was accustomed to have, use or duly exercise at any time in his office, as is contained more fully in the K.'s letters patent made concerning this. ORDER to permit that earl to have and exercise the office according to the tenor of those letters patent; with ORDER not to interfere any further concerning the office of Jcr in Ire. For the K. wishes that the bishop be exonerated towards the K. of the same henceforth.
Witness the K. at Westminster, 20 June [1423] 1 Hen. VI.’
And Thomas displayed another writ to the archbishop as the K.’s C. in Ire., in these words:
‘Henry [etc.] to his C. of Ire., greetings.
Trusting fully in the fealty and prudence of his beloved cousin Edmund [Mortimer], e. March and Ulster, by advice and assent of the K.'s great council the K. has ordained and constituted him as his Lt of Ire., to have, hold and occupy the office from the first day on which the same earl or his deputy shall land in that land until the completion of a term the nine years following, receiving in that office according to the form and effect of a certain indenture made between the K. and the earl; giving and granting to the same earl full power that he, whenever and as often as he wishes, may appoint, ordain and constitute a sufficient deputy for whom he is willing to answer to keep and have the governance of the same land in his absence; and to do and fulfil certain things contained in the K.'s letters patent made concerning this, just as is more fully contained in the same letters patent. ORDER to instruct by writ under the seal used in Ire., which is in the custody of the C. of Ire., all and singular archbishops, bishops, abbots, priors, earls, barons, knights and others the K.'s officers and ministers, lieges and subjects whatsoever of his said land, on the K.'s behalf, to be intendant, advising, obedient and aiding to the K.'s cousin as Lt of that land, and his deputy in his absence, in all and singular things which pertain or might pertain to the office of Lt, whenever and as often as they are requested by that Lt, or his deputy in his absence, on the K.'s behalf.
Witness the K. at Westminster, 26 June [1423] 1 Hen. VI.’
Whereupon―while the C. and council were diligently discussing the premises and the ambiguities and were in doubt as to whether the letters patent of that earl sealed under his own seal were sufficient and whether the C. and council ought to be intendant to the bishop as deputy of the Lt by virtue of the letters of that earl―the bishop came back into the council, and sat as deputy of the Lt to occupy that office according to the tenor of those letters, as appeared evident to the council.
He spoke thus to the C.: ‘Sir, are you willing to preside?’
And the C. answered: ‘To what end should I preside?’
And the bishop said: ‘I wish that the said letters be read out and afterwards I will declare my plan and intention manifestly concerning this’.
And then the C. made open protest before the council that he he was not willing to preside in order to admit the bishop as deputy of the Lt, nor to obey his mandate until he was better advised concerning this. And the bishop said that he was prepared to occupy and exercise the office of deputy of the Lt. And the C. declined to obey his order, and sought that the premises be made of record, and he withdrew immediately from the council.
On Saturday 24 Sept. [1423], the following persons were present in the council chamber:
the venerable father, Richard [Talbot], abp Dublin, C. of Ire.;
John [Swayne], abp Armagh;
Stephen Bray, chief justice of the chief place of the K.;
Roger Hakenshawe, second justice of the chief place;
Richard Sydegrave, chief baron of the Ex.;
Robert Sutton, keeper of the rolls of chancery;
John Wyche, second baron of the Ex.;
John Lowdyngton, one of the barons of the said Ex.;
Christopher Bernevall, the K.’s serjeant-at-laws in Ire.
When they had treated diligently and deliberated amongst themselves upon the insufficiencies of the letters of the earl made under his own seal to the bishop of the office of deputy of the Lt, and the power granted to him in this part, the C. asked of each of the said persons whether or not the C. himself should admit the bishop as deputy of the Lt and obey his mandate.
Each person stated separately that they were in doubt. These things having been done, Thomas Stynt kt came into that council and asked of the C. and council if they wished admit the bishop to the office of deputy Lt and to obey his mandates. The C. answered for himself that he had a colleague who was absent (viz. William Tynbegh, T. of Ire.) and that he wished to consult with him upon the premises.
And because the same C. was in doubt as to what ought of right to be done and lest he should do anything contrary to the laws, customs and privileges of the K. and his land of Ire. in the premises, the C. further said that he did not wish to admit the bishop as deputy of the Lt by virtue of the letters of the earl, nor to obey his mandates in any way until he was advised with more learned deliberation.
And the C. openly before the council required of Thomas, on the K.'s behalf, that because he was soldier of the lord K. he should dispatch himself to the marches of the land in resistance of the malice of the K.’s Irish enemies.
And upon this it was agreed by council that the premises should be enrolled in the rolls of the chancery of Ire and be made of record.
MEMORANDUM that the foregoing was exemplified by advice of council. Given by the council on 3 Oct. [1423].
