Close Rolls, Henry VI: July 1425 | British History Online

Calendar of Close Rolls, Henry VI: Volume 1, 1422-1429. Originally published by His Majesty's Stationery Office, London, 1933.

'Close Rolls, Henry VI: July 1425', in Calendar of Close Rolls, Henry VI: Volume 1, 1422-1429, (London, 1933) pp. 177-182. British History Online https://www.british-history.ac.uk/cal-close-rolls/hen6/vol1/pp177-182 [accessed 19 April 2024]

July 1425



July 8. Westminster.	To the sheriff of York. Order to give John de Drax and Margaret his wife, John Bosvylle esquire and William Bosvylle seisin of their respective purparties of the manors of Wodehalle and 'Heghmelton' and of lands in Derfelde, Wombewelle, Grisbrok, Burton, Gaytforde, Brayton, Selby and Lounde; as at the petition of the commons in the parliament holden at Westminster 1 December 9 Henry V, averring an agreement between John Bosvylle esquire and Mary late his wife on the one part and John de Drax a serjeant at arms and Margaret his wife on the other part, namely that John Bosvylle should make a partition into two equal parts of the said manors and lands, late of Thomas de Barley and Isabel his wife father and mother of Mary and Margaret, whose heirs they are, the advowson of a mediety of Derfelde church and a tenement there called 'Gilesplace' excepted, that by colour thereof he did unlawfully make a partition contrary to law and the agreement, namely of divers houses upon those manors by the backs thereof, and likewise of divers parcels of land, meadow and wood, parcel of the premises, to deceive John de Drax and Margaret, so that they should not have full knowledge of their purparty, wherefore knowing that by reason of this subtle partition they might not recognise their several lands, with the strong hand contrary to law and reason he did thrust them out of all that to them did pertain, and did long disturb them so that they might take no profit thereof, in consideration whereof, and because John Bosvylle had great kinship and alliance of great men dwelling near the premises, so that John de Drax and Margaret might not have what justice and law required although willing to sue for remedy by the common law, they did pray that the chancellor for the time being should by authority of parliament have power by writs of the king, such and so many as should be needful, to cause John Bosvylle, tenant by the courtesy of England after his wife's death, her heirs, John de Drax and his wife to come before him, at his discretion to make a lawful partition of the said manors and lands, of the said advowson, and also of the manor of Wath called 'Thornylhalle' and all lands, rents and services of the said Thomas and Isabel and of either of them, any agreement or security between the parties heretofore made and the unlawful partition aforesaid notwithstanding, and to appoint a remedy as well for 500l. wherein John Bosvylle was bound to John de Drax and Margaret by the said agreement as for all wrongs and damages brought upon them; and with assent of the lords spiritual and temporal in that parliament order was made that the petition should be sent into chancery, and that the chancellor should have power so to do, and willing that such order should take effect and justice be done, the king by writ ordered the sheriff to give several notice to John Bosvylle, William Bosvylle son and heir of the said Mary, John de Drax and Margaret his wife to be in chancery at a day now past to shew cause wherefore a lawful partition ought not to be made at the discretion of the chancellor as aforesaid, and the sheriff returned that he gave them severally notice by John Hopkynson, William Yole, both of Gresbroke, William Hunter and John Houselay, both of Wath; and at that day John de Drax and Margaret appeared by John Shawe their attorney, and John Bosvylle and William Bosvylle came not, wherefore the chancellor by authority of parliament made a partition of the premises by their default, and decreed and assigned to John de Drax and Margaret to her purparty the manor of 'Wodhalle' extended at 16l. a year, lands, rents and services in Derfelde at 36s., in Wombewelle at 36s., in Wyrkyrborgh at 3s., in Erdeslay at 3s., and in 'Monkbretton' at 2s., the moiety of a moiety of the manor of Little Halton at 72s. 10d., the site of the manor of Wath called 'Thornelhalle' at 6s., eight bovates of land therein at 32s., 12 acres of wood at 2s., 30s. of rent of divers freeholders in Wath and Bramptonbyrelawe at 30s. a year, and the advowson of the moiety of a mediety of Derfelde church, namely the second presentation, extended at 50 marks, as is found by an extent made before John Daweney and the sheriff by virtue of a commission to them and to Thomas Banke, Guy Fairfax and Alexander Aune, assigning to John Bosvylle and William Bosvylle the manor of 'Heghmelton' extended at 13l., a fourth part of the manor of Gresbroke at 6 marks, two messuages, nine tofts, sixteen bovates of land, a close and 6 acres of land in Burton at 27s., a messuage, three bovates of land and three closes in Gaytforde at 24s., 3s. of rent of tenants in Lounde at 3s., two closes in Brayton at 3s., a messuage in Selby at 3s., the moiety of a moiety of the manor of Little Halton at 72s. 10d., two bovates of land in the manor of Wath at 8s., 30 acres of meadow therein at 32s., 30s. of rent of divers freeholders in Wath and Bramptonbyrelawe at 30s. a year, and the advowson of the moiety of a mediety of Derfelde church, namely the first presentation, extended at 50 marks.
	Membrane 1.
July 12. Westminster.	To the escheator in Somerset. Order to remove the king's hand and meddle no further with the manor of Hynton, delivering up any issues thereof taken; as the king has learned by inquisition, taken by the escheator, that Edward Courtenay earl of Devon and lord of Okhampton was thereof seised, and gave the same to Hugh Courtenay knight his brother, and to the heirs male of his body, that the said Hugh died thereof seised, and that the manor is not held of the king.
June 1. Westminster.	To the escheator in Sussex. Order to remove the king's hand from two tenements in Cicestre in the Palente, and a cottage and dovecote in 'Estelane' within that city, and the issues thereof taken; as upon the finding of an inquisition, taken before Ralph Wymeldoun the late king's escheator, that John Foxle esquire at his death among other things held 4 acres of land in Rumbaldiswyke lying in a field called 'Otehulle' within the hundred of Boxe, the said two tenements of the archbishop of Canterbury in socage, and the cottage and dovecote in burgage of the city of Cicestre, and that Alice his daughter was his next heir, and at the date of that inquisition was of the age of five years and more, and upon the finding of another inquisition, taken before John Burgh late escheator, that Edith Fowle, sometime wife and executrix of John Fowle of the said city, was seised of the said two tenements, cottage and dovecote, and by charter gave the same, among other lands, to the said John Foxle and Isabel his wife and to the heirs of their bodies, by name of all the lands, rents, reversions, customs and services she had within and without the city of Cicestre and in the suburbs thereof, with remainder to the said Isabel and to the heirs of her body, remainder to Thomas Foxle and John More, their heirs and assigns, that Isabel died without issue in the life time of her husband, that he after died seised of that estate and of none other without issue by her, that Thomas Foxle is yet living and John More died in the life time of John Foxle, and that the said two tenements are held of the archbishop of Canterbury in socage, and the cottage and dovecote of the dean and chapter of Cicestre by fealty and the service of 2s. a year, by letters patent of 20 September 2 Henry VI the king committed to John Gryfyn by a mainprise until the lawful age of the heir the ward of all lands of John Foxle, tenant of the late king in chief by knight service, which came to the late king's hands by his death and by reason of the nonage of Alice daughter and heir of the deceased, and were then in the king's hand, rendering to the king the extent thereof, or as might be between the treasurer and John Gryffyn agreed; and at suit of the said Thomas, shewing that in a cause before the late king between him and that king concerning the land aforesaid in his pleading he averred that John Foxle at his death held not that land in chief in his demesne as of fee, and that upon the finding of an inquisition whereupon the said Thomas put himself, as did Thomas Couele suing for the late king, that this was so, as appears by the record and process which the king has caused to come before him in chancery, and praying that the said commission to John Gryffyn should be revoked in respect of the two tenements, cottage and dovecote, which were seized into the late king's hands because the said land was held in chief, as by the inquisition supposed, and for no other cause, and that the king's hands should be removed from the same and from the issues thereof taken, the king ordered the sheriff to give John Gryffyn notice to be in chancery at a day now past in order to shew cause for the king or for himself wherefore that ought not to be done, and the sheriff returned that he gave him notice accordingly by John Pleystowe, Richard Porter, Richard Hynoun and John Pounde; and at that day John Gryffyn came not, wherefore by advice of the justices, serjeants at law and others of the council learned in the law it was determined that his commission should be revoked in respect of the two tenements, cottage and dovecote, and the king's hands removed as aforesaid.
April 30. Westminster.	To the escheator in Somerset and Dorset. Order to take the fealty of Theobald brother and heir of John Gorges son of Thomas Gorges, and to give him livery of the manor of Wroxhale and of the lands and reversions hereinafter mentioned; as in the parliament holden at Westminster on Monday before Martinmas 1 Henry VI he made petition, reciting how that it was found by inquisition, taken at Blaneforde 22 June 7 Henry V before Thomas Hody escheator in Dorset, that the said John being in ward of the late king at his death held in chief by knight service a fourth part of the manor of Sturmynstre Marschall, that it was worth 20 marks a year, that Florence who was wife of the said John was dowered of the third part thereof, and that Theobald was his brother and next heir, and was of the age of thirteen years and more, whereas in truth he was of the age of seventeen and more, and that he might not have livery until he should come of age in accordance with the age so found, and praying the lords spiritual and temporal to sue with the king for a commission under the great seal to such persons as the chancellor and treasurer should deem indifferent and true to make inquisition anew concerning his true age and other things needful, and that upon coming of age he might have livery of all lands, reversions and possessions which came to the hands of the late king or of King Henry IV by the death of Thomas Gorges or by the death and nonage of the said John, the dower of the said Florence excepted, notwithstanding that he was found a minor by the inquisition aforesaid; and that petition was by authority of parliament endorsed as follows: Whereas order was made in that parliament that all petitions presented therein to which no answer was there made should be sent to the council, to the intent that the council for the time being should determine the matters in the same contained at their discretion and as the case required for furtherance and comfort of the petitioners, and whereas this petition was not answered in parliament, let the lords of the council determine the matters in the same which is by the clerk of the parliament delivered to the clerk of the council; and by virtue of that act a warrant under the privy seal was by advice of the council made, directing the chancellor to cause a writ under the great seal to be addressed to William Carant then escheator in Dorset and William Payn to make inquisition anew concerning the true age of the said Theobald, and to send the same into chancery, and a commission was accordingly made to the said William and William, by virtue whereof they did take an inquisition at Dorchestre on Monday before St. Gregory the pope 1 Henry VI, and thereby it was found that on the eve of St. Andrew then last he was of the age of 21 years and more, as appears by the inquisition sent into chancery and there remaining of record; and notwithstanding the said Theobald might not have livery of the lands etc. aforesaid, nor of lands taken into the king's hand by the death of Agnes his mother, wife of the said Thomas, by reason of an inquisition taken after her death, whereby he is found yet within age, as the king is informed by petition by him presented in this parliament, and in consideration of the premises, by advice of the lords spiritual and temporal and at the special request of the commons, the king has granted that by authority of this parliament he shall have livery without fresh proof of his age of the lands aforesaid, and of the manor of Wroxhale co. Somerset which was held in chief by the said Agnes, and all other lands by her held of his heritage in her demesne as of fee, in dower or otherwise for life, notwithstanding that by any other inquisition heretofore taken he is yet within age, saving to the king the issues of all such lands heretofore arising; and for 40s. paid in the hanaper the king has respited the homage of the said Theobald until the feast of St. Martin next.
	To the escheator in the county of Suthampton. Like order to give the said Theobald livery; as for a fine paid in the hanaper the king has respited his homage until a day yet to come, and has commanded the escheator in Somerset and Dorset to take his fealty.
June 19. Westminster.	To Richard Hastynges the king's knight, constable of Knaresburgh castle. Order, by advice and assent of the council, to deliver by indentures to John Langton the king's knight, sheriff of York and keeper of his castle there, Robert Eskyn (fn. 1) knight and James Dunbar esquire, hostages delivered to the king by James king of the Scots as security for the observance of an appointment made between commissaries of the king and of Scotland touching his delivery, and in custody of the said constable by command of the king. By p.s. [1458.]
	[Fœdera.]
June 16. Westminster.	To Henry Lounde esquire. Like order, mutatis mutandis, to deliver David, son of the earl of Athole, Thomas earl of Moray, the earl of Crauford, Robert Kethe, Walter Haliburton, Alexander Seton, Thomas Boyde, John de Lyndesay, Patrick Lyoun, George Cambelle, David Ogilby, Robert Lylle, Dunran Cumballe (fn. 2) (sic) and David Meygnes. By p.s. [1455.]
	[Ibid.]
July 8. Westminster.	To the sheriff of York and keeper of York castle. Order under a pain of 1,000l., by advice and assent of the council, to receive Robert de Eskyn knight and James Dunbar esquire, hostages etc. (as above) in custody of Richard Hastynges constable of Knaresburgh castle, from one who shall deliver them to him by indentures, and to keep them in safe custody, but not in durance of prison.
	[Ibid.]
	To the same. Like order, mutatis mutandis, concerning David son of the earl of Athole, Thomas earl of Moray, the earl of Crauford, Robert Kethe, Walter Haliburton, Alexander Seton, Thomas Boyde, John de Lyndesay, Patrick Lyoun, George Cambelle, David Ogilby, Robert Lylle, Dunran Cumballe (sic) and David Meygnez, in custody of Henry Lounde esquire.
	[Ibid.]