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Membrane 11. |
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Memorandum that by force of a writ of privy seal, which is on
the chancery file, the tenor of a petition presented to the king by
the commons in the parliament last holden at Leycester in favour
of Queen Joan, of two schedules thereto annexed, of the answer
thereto made in parliament, and of the final determination by
the council by authority of parliament is enrolled upon the
chancery rolls, with the said writ, as follows: |
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Petition of the said queen to the commons, shewing that in
the parliament holden at Westminster in 2 Henry VI, upon petition of the commons in her favour, it was ordained that she
should peaceably have for life all her dower assigned by letters
patent of King Henry IV and King Henry V, certain lands,
manors, wards, etc. excepted, as contained in an act of parliament
then made the tenor whereof is annexed, that notwithstanding
this ordinance the treasurer and the barons of the exchequer will
not suffer her to have allowance in the exchequer of the profits
etc. of alien priories to her assigned, and of that which was
assigned or granted in name of dower or otherwise for life to her
alone or to her and others to her use, nor the issues and profits
thereof, the same not being parcel of the lands etc. so excepted,
that from day to day they make process out of the exchequer
to the sheriffs of counties wherein the alien priories are to levy
the profits etc. to the king's use from her farmers and servants
and others occupying the same because, among other things, in
the petition whereupon the assignment was founded no mention
is made that any alien priories or the profits etc. thereof were so
assigned to her or to her use, or that by force of the statute made
in the parliament holden at Leycestre in 2 Henry V and by the
peace with France her estate therein granted during the war with
France was determined, and that the now king is thereof inheritor
in fee, and praying that they will petition the king and the lords
spiritual and temporal in this parliament, in consideration of the
premises and of letters patent of 7 January 1 Henry V, whereby
the late king granted that if she or others to whom such grants
were made to her use should be thrust out of any such priories,
castles, lands, farms, apports, rents etc., or if any should be
recovered against her by process of law without fault of theirs,
or if by authority of parliament or otherwise her estate therein
should be annulled, she should have reasonable recompense, the
tenor whereof is hereto annexed, by authority of this parliament
to confirm the said act and ordinance, granting that she shall
enjoy for life all her dower, and all alien priories etc. thereto
pertaining, and all manors, lands etc. to her assigned alone in
dower or otherwise for life or to her and others to her use, with
the exceptions aforesaid, and have allowance at the exchequer of
all she has received or shall receive in time to come of the issues,
profits etc. of the same by her acknowledgment and acknowledgment of her attorney, and that by such acknowledgment she and
all sheriffs, farmers and occupiers of the said possessions, profits
etc. and all others be discharged toward the king for time past
and time to come, any statute or matter to the contrary notwithstanding, provided always that Humphrey earl of Stafforde be
not prejudiced by this petition. French. |
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Answer, committing the petition to the council, and empowering
the council to call the king's justices in order to hear and examine
the matter therein contained and all the circumstances, and make
a final determination. French. |
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Determination by the great council, after calling the justices
etc., that the above petition, read at Westminster 20 November 6
Henry VI, be granted in all points, with an additional proviso,
that if at the time of the parliament last holden at Leycestre
or after the queen had no reasonable cause to be recompensed
for the alien priories etc. aforesaid, wherein her estate and the
estate of others to her use was annulled by statute made in the
parliament holden at Leycestre in the late king's time, the king
and his heirs shall not be barred nor prejudiced hereby, but their
right, title, claim and demand shall be saved; also that the
queen's estate therein and possession by force hereof shall not be
impaired in time to come by entry or resumption of the king or
his heirs without due process of law against her or her assigns,
and that none of the lieges shall hereby be barred from his right,
title, claim or demand which he now has in the priories etc.
specified in the petition, or from any annuity, pension, office,
fee or profit therin. French. Tested by H. [duke] of Gloucestre,
H. [archbishop] of Canterbury, J. [archbishop] of York the
chancellor, J. [earl] of Huntyngdoun, T. [bishop] of Durham, J.
[bishop] of Bath, T. [earl] of Salesbury, H. [earl] of Stafford. |
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Another petition in the said parliament presented by the
commons in favour of the said queen, with two schedules annexed,
shewing that by authority of parliament King Henry IV by divers
letters patent did grant her in full of her dower certain castles,
manors, lands, rents, annuities, farms, wards, profits etc. within
the realm and in Wales, with certain sums of money of the great
and petty customs in divers ports, some to her alone and some to
her and others to her use, that because her estate therein to the
amount of 3,810 marks 10s. 3½d. a year was for certain causes
determined, the late king by letters patent granted her in recompense for the same divers wards, sums, farms, rents etc., some
to her alone etc. (as above), so that if it should please him or his
heirs to resume the same it should be lawful so to do, first making
her reasonable recompense, and because he did resume some of
them, and her estate in others was by authority of parliament
determined to the value of 2,000 marks a year, the late king
granted her in chancery divers yearly sums, some to be taken
of the first issues and profits of the hanaper, some of the first
moneys of the customs in divers ports, and some of the first
profits of his sheriffs and escheators in all counties, granting by
all his letters patent that if she or the others aforesaid should be
thrust out of the same by him, his heirs or successors, or if any
of the same should be recovered against her or them by process
of law. |
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Membrane 10. |
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without fault of theirs, or if by authority of parliament or otherwise their estate in the same should be annulled, she should have
reasonable recompense, that by force of letters under the privy
seal, the tenor whereof is annexed, all her goods and chattels,
and all the issues of the lands etc. aforesaid of her dower were
without fault of hers taken and brought to the exchequer, that
by letters under his signet of 13 July 10 Henry V, the tenor
whereof is annexed, the late king moved by his conscience charged
the archbishop of Canterbury, the bishops of Winchester and
Durham, the chancellor and the treasurer, as they would answer
to God, to make the queen restitution of her dower, that so far as
in them was they performed his command, nevertheless she might
never have full execution nor the profits so taken, because the
said king previously committed certain of the said lands etc. to
divers persons yearly to render certain farms at his exchequer, and
praying that by authority of this parliament all such grants be
annulled without process of law, that the queen may peaceably
enjoy her dower during her life, except lands etc. from her heretofore recovered by process of law, or those by the late king resumed
for which recompense is made, and except lands etc. to her
assigned during the nonage of the heirs, and that without suing
for confirmation she may have in chancery writs of liberate
current and allocate dormant, and other needful letters, patent
and close. French. |
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Writ of privy seal, tested at Westminster 3 October 7 Henry
[V], reciting an order made with advice of the council that all
goods and chattels of the said queen, in whose hands soever found,
should be brought to the receipt of the exchequer, and that all
issues, rents, revenues, farms, arrears and profits of the manors,
lands etc. of her dower in England and Wales should be levied
and paid to the receipt aforesaid, and directing the treasurer and
the barons of the exchequer to proceed against those who have
any of her goods and chattels, and by writs under the exchequer
seal to command the receivers, farmers, customers, occupiers and
officers of her lordships, manors, lands etc. to pay no farms or
profits to her, to any her officers or ministers, or to any other to
her use, save only to the said receipt, and the sheriffs of counties
wherein the same lie to levy the issues, rents, arrears etc. of the
same arising. French. |
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Letter (in English) of the king to [the bishops etc. above mentioned], dated 13 July 10 [Henry V], reciting that for causes to
them known he took into his hand the said queen's dower, except
a yearly pension assigned for expenses of her and of a certain
'mone' that should abide about her, which is a charge upon the
king's conscience, and charging them, as they will answer to God
for him, to make deliverance to her 'holy' of her dower, that
she 'rejoice' it as heretofore, appointing her officers at pleasure
so that they be his lieges and good men, and further to deliver
again her beds and other moveables, and five or six gowns of such
cloth as she will desire, and because he supposes that she will
soon remove from the place where she is, horses for two 'chaeres'
to remove when and where she list within the realm. |
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Answer to the above petition, when the same and the said
schedules were read in this parliament, granting it in all points,
so that all who by letters patent of the king or the late king
have to farm any of the said castles, manors, lands etc., and
have been put to expense thereby, shall not be thrust out by
reason hereof if they will take the same anew from the queen by
the same farm, neither shall they who have any to farm by her
grant or lease. French. |
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Extract from the queen's charter, covenanting that she, John
de Tibbay and Thomas Feryby shall have recompense for any
priories, castles, manors, lands etc. to her now or hereafter
granted in dower or in recompense from which they shall be
thrust out, or any recovered against them by process of law
without fault of theirs, or their estate wherein shall be annulled
by authority of parliament or otherwise. |
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Writ of privy seal, tested at Westminster, 12 December 6 Henry
VI, enclosing the tenor of the said petition of the commons in the
parliament last holden at Leicestre, the said schedules, the answer
thereto, and the final determination of the council by authority of
parliament, and order to cause the same to be enrolled. |
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[Rolls of Parliament, v. pp. 411–413.] |
