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Close Rolls, Henry IV: November 1405

Pages 9-14

Calendar of Close Rolls, Henry IV: Volume 3, 1405-1409. Originally published by His Majesty's Stationery Office, London, 1931.

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November 1405

Nov. 21.
Westminster.
To the treasurer and the barons of the exchequer. Order not to trouble John son and heir of Elizabeth Dabriggecourt for his homage; as lately the king took his fealty, respited his homage to a day now past, and commanded livery to be given him of all lands by his mother held in chief in fee tail; and the king has taken his homage. By p.s. [4584.]
Nov. 23.
Westminster.
To the escheator in Yorkshire. Order in presence of Queen Joan, to whom the king has committed the ward of all lands of Robert de Plesyngton, or of her attorneys, to assign dower to Isabel who was wife of the said Robert; as the king has taken of her an oath that she shall not marry without his licence.
Like writs to the following:
John Wodecoke mayor of the city of London and escheator therein.
The escheator in Roteland.
Nov. 18.
Westminster.
To William Loueneye keeper of the great wardrobe. Order to account with the king's clerk Thomas Longley the chancellor, or with his ministers, for the wax to him due by reason of his office from 2 March last, and to deliver to the said ministers what is in arrear.
Nov. 18.
Westminster.
To the justices appointed to hold pleas before the king. Order, upon petition of Thomas Erpyngham, John Whyte knights, John Slefforde clerk, William Gascoigne, John Yelverton, John Wynter, John Clere, Robert Martham, John Louetoft, John Colles and John de Draxe, to proceed to rendering of judgement in the cause hereinafter mentioned, the king's former writ notwithstanding; as upon the finding of an inquisition, taken before Thomas Stywarde and William Robynes by virtue of a commission to them and others under the exchequer seal, that Edward Gerberge at his death held of Margaret late duchess of Norffolk the manor of Wykhamton co. Norffolk by knight service, and of Thomas Mortymer knight 140 acres of land and two marshes in Wykhampton and other towns therein by knight service, and that by death of the duchess, by reason of the wardship of her castles, manors, lands etc., by forfeiture of the said knight, by reason of a judgment against him lately rendered, and of the nonage of Elizabeth daughter and heir of the said Edward, the said manor, land and marsh pertained to him, by letters patent under the exchequer seal the late king appointed the said Thomas Stywarde, William and others to seize the same into his hand, and give livery thereof to Thomas Grace (now deceased it is said) and John Alderforde, to whom by letters patent of 20 May 22 Richard II he committed the ward thereof, and the issues thereof taken since 4 May then last; and lately at suit of the petitioners, shewing that at the said Edward's death he and Cicely his wife and William de Eyeremyn clerk were seised of the said manor and the said lands etc. by the inquisition supposed to be held of Thomas Mortymer, which are parcel of the said manor, that he died so seised without other estate therein, as they are ready to prove, that after his death the said Cicely and William de Eyremyn gave the same to the petitioners, their heirs and assigns, by name of the manor and advowson of Wykhampton and all their lands in Wykhampton, Halvirgate, Frethorp, Mouton, Southwode, Lympenow, Redham, Ocle, Opton, Fyshele, Castre, Possewyke, Mauteby, Waltham and Tunstall, and all other lands in the hundreds of Bleforde and Walsham which were of William Gerberge, and that the petitioners were in peaceable possession thereof until unlawfully thrust out by colour of the said inquisition and letters patent, the king ordered the sheriff of Norffolk to give John Alderforde notice to be before the king in the octaves of St. Martin then next in order to show cause wherefore the said letters patent to him and Thomas Grace concerning all the lands of the said Edward in Norffolk and Suffolk ought not to be revoked, and the king's hand removed therefrom and from the issues thereof taken; and at that day John Alderforde appeared at Westminster in person, and the petitioners by Thomas Hore their attorney, and John Alderforde said that he was tenant of the premises by grant of the late king, by name of all manors, lands, rents and services in Norffolk and Suffolk which were of the said Edward, and without the king ought not to answer, craving aid of the king; and by another writ the king commanded the justices to proceed, that allegation or his aid notwithstanding, so that they should not proceed to rendering of judgment without advising him; and now the petitioners have shewn that the cause is pleaded to issue of the country, and that by verdict of the jurors it is found that at the time of his death the said Edward, Cicely and William Eyremyn were jointly seised of the said manor, and of the said lands etc. which are parcel thereof, and that he was not solely seised as alleged, but have shewn that because of the express words in the writ last mentioned the justices have deferred to proceed to rendering of judgment.
Dec. 4.
Westminster.
To the escheator in Somerset. Order to take the fealty of John son of John Denebaude, and to give him seisin of 40 acres of land and meadow and a mill in Ivleigh; as it is found by inquisition, taken before Edward Bokelonde the late king's escheator, that at his death John Denebaude held the same by knight service of the heir of John Cayl, a minor in ward of that king, and that John his son is his next heir; and John the son proved his age before Richard Shyppe the late king's escheator in Kent.
Dec. 18.
Westminster.
To the escheator in Essex. Order in presence of William Foundour, to whom the king has committed the ward of all lands of Thomas Enfelde, or of his attorneys, to assign dower thereof to Roger Racham and Elizabeth his wife, who was wife of Thomas Enfelde; as for a fine paid in the hanaper by the said Roger the king has pardoned his trespass in taking her to wife, and her trespass in marrying him without licence of the king.
Membrane 37.
Nov. 18.
Westminster.
To William Gascoigne and his fellows, justices appointed to hold pleas before the king. Order upon petition of Master William Waltham the king's clerk, prebendary of 'Southcave' in the cathedral church of St. Peter York and parson of 'Southcave' to that prebend annexed, to proceed to rendering of judgment in the plea hereinafter mentioned, the allegation of John Pygot and the king's former writ notwithstanding; as upon complaint of the petitioner, shewing that long ago in the court christian Henry de Ingelby then prebendary and parson recovered against William Malore then occupant of the free chapel of Faxflet co. York all manner of tithes great and small of the manor of Faxflete in the parish of 'Southcave' within the bounds and titheable places of the said parish arising, that King Edward III by letters patent, exemplified and confirmed under the great seal by King Richard II, accepted that recovery and the whole process, that John de Waltham late prebendary and parson likewise in the court christian with licence of the late king recovered all tithes great and small, real and personal then or thereafter arising of the said manor and of a place called Oxmerdyke, of the lands etc. whatsoever, and of them that dwelt therein, as pertaining to his said church and prebend, that at suit of William Noioun then prebendary and parson, submitting that he was despoiled and thrust out of certain tithes arising of divers places within the bounds and titheable places of the parish, and to him pertaining in right of his said church and prebend, whereof he and his predecessors were possessed no small time, by John Pygot the elder to whom the king gave the keeping of the said chapel, and that John Pygot unlawfully took those tithes and converted them to his own use, after viewing the processes etc. aforesaid and hearing arguments on either side, and after speech and deliberation with the justices, serjeants at law of the late king, and others of his council, it was determined that William Noioun should be put again in possession of the same according to the recoveries, processes etc. aforesaid, notwithstanding aught that happened after, and that the act or attempt of John Pygot should be quashed and annulled as void and in error, and shewing that although the late king gave the petitioner that prebend with the rights and appurtenances thereof, and he was admitted, instituted and inducted, and took all the tithes aforesaid no small time as to the said church and to him the prebendary pertaining, and although no free chapel in that manor is or ever was endowed of any tithes or profits time out of mind, scheming to impair his right the said John Pygot has been disturbing him in taking the same no small time by colour of the said grant to him made, the king ordered the sheriff to give John Pygot notice to be in chancery at a day past in order to shew cause wherefore the said grant and whatsoever ensued thereupon ought not to be revoked and annulled, and the petitioner ought not peaceably to take those tithes without disturbance, and at that day the sheriff returned that he gave John Pygot notice by John Sandholme, Peter Hobson of Brounflete, John Whytlafe and Peter Sandholme of Brounflete; and the cause being after sent for debate before the king, the petitioner appeared by John Wyther his attorney, and John Pygot in person, and alleged the gift of the late king to him, and that so by grant of the late king he is tenant of the said chapel of the king's patronage, craving aid of the king, wherefore the justices deferred to proceed; and upon petition of William Waltham the king commanded the justices to proceed that allegation notwithstanding, so that they should not proceed to rendering of judgment without advising him; and now his petition shews that it is pleaded to rendering of judgment, but that the justices have deferred to proceed to rendering of judgment because of the express words in the writ last mentioned.
Nov. 11.
Westminster.
To the escheator in Warwickshire. Order to remove the king's hand and meddle no further with the manor of Shorteley by Coventre and the issues thereof arising in the mean time; as it is found by inquisition, taken at Tomworth on Thursday before St. Gregory the Pope 2 Henry IV before Alan Waldeyefe then escheator, that Baldwin Freville knight, father of Baldwin Freville knight deceased, gave that manor by charter to John Buttort, Richard Fitoun knights, Henry Caytewayte, William Boule clerks, William Purfrey and Henry Standyche, their heirs and assigns, under a condition that they should again enfeoff the grantor and Joyce his wife, the heirs and assigns of the grantor, that the said John, Richard and Henry Standyche died, that contrary to the condition the survivors gave the same to Roger de Aston parson of Weston under Leseyort, John Stywarde and others, their heirs and assigns, that at the date of the inquisition they were thereof seised, that by reason of the alienation thereof the king entered by the said escheator in right of the said Baldwin's heir, then in his ward, and that the manor was held of the prior of Coventre, by what service the jurors knew not; and that inquisition being read in chancery, and the matter understood, and proclamation being made divers times for any who would give the king and council or the serjeants at law information, when no man appeared or said aught further for the king, after deliberation with the justices, serjeants at law and others of the council learned in the law it was determined that the king's hands should be removed.
Oct. 18.
Westminster.
To Roland de Thornburgh escheator in Cumberland. Order to take of Isabel who was wife of Robert Pervynge knight an oath etc., and in presence of Thomas Bowet the elder and Margaret his wife, daughter of Adam Pervynge otherwise Pacoke son of Joan sometime wife of John Pacoke one of the sisters of the said Robert the younger, of Maud Walker of Cokirmouth one of the daughters of Alice atte Wode daughter of Emma de Skaleby his other sister, and of Thomas Qwytlokmaun son of Margaret Pape the other daughter of the said Alice, who are cousins and heirs of Robert Pervynge the younger, and to whom by virtue of fines levied in the court of King Edward III the manors of Blakhale, Staynton and Bochardby ought to remain, or in presence of their attorneys, to assign her dower of the said manors, which her said husband at his death held in chief in fee tail.
Membrane 36.
Nov. 18.
Westminster.
To the justices appointed to hold pleas before the king. Order, upon petition of John Shakille chaplain, to proceed to rendering of judgment in the plea hereinafter mentioned, the king's former writ notwithstanding; as by letters patent of 5 July 4 Henry IV the king gave him the office of warden of the hospital of St. John Bruggenorth, then void and in the king's gift it was said; and at suit of the petitioner, shewing that by virtue of that gift he was in peaceable possession thereof, and continued his possession until unlawfully thrust out by colour of other letters patent of 9 September following, whereby at the untrue averment of John Rothebury clerk, submitting that the same was void when it was not, the king gave him the said hospital by name of the hospital of St. John Briggenorth, and praying revocation of that grant, and restoration of the petitioner, the king ordered the sheriff of Salop to give John Rothebury notice to be in chancery in the quinzaine of Easter then next in order to shew cause wherefore that ought not to be done; and that writ being returned by the sheriff at the aforesaid day the cause was sent for debate before the king, and John Shakylle appeared by Hugh Holgot his attorney, and John Rothebury by Thomas Holme, and alleged the letters patent to him made averring that he was tenant of the hospital by grant of the king, and craving aid of the king; and at suit of the petitioner, shewing that the justices deferred to proceed, the king ordered them to proceed that allegation notwithstanding, so that they should not proceed to rendering of judgment without advising him; and now on behalf of the petitioner it is shewn that by reason of that writ the justices have deferred to proceed to rendering of judgement.
Nov. 5.
Westminster.
To Richard Redmaune escheator in Yorkshire. Order to remove the king's hand and meddle no further with the manor of Helagh, a moiety of the manor of Swaldale with the free chace of Swaldale, and 6l. 9s. 3d. of yearly rent issuing from certain lands etc. in Helagh in Swaldale held of Robert Plesyngton by John Ellerton, delivering to Agnes sometime the wife of Robert de Plesyngton knight any issues thereof taken; as the king has learned by inquisition, taken by the escheator, that long before his death Robert Plesyngton was thereof seised, and made a grant and demise thereof to the said Agnes for life, that she made a grant and demise thereof to him during her life rendering to her for life 50l. a year, so that if he should die in her life time it should be lawful for her again to enter and hold the same for life in her first estate, and that the said manor and moiety and the land whereof the said rent arises are held of the honour of Richemonde.
Nov. 22.
Westminster.
To John le Straunge knight escheator in Norffolk. Order to remove the king's hand from the profits and emoluments by him taken, as hereinafter mentioned; as it is found by inquisition, before the escheator taken by virtue of his office, that the abbot of West Derham and the convent by usurpation upon the king have taken into their own hands a mediety of the advowson of Holkham church in the hundred of Northg[reenhoe], which King John gave to the abbot of St. Martin in the mountains of Viterbo of the Cistercian order in the diocese of Viterbo and to the prior and convent and their successors, that the abbot and convent of Viterbo were in possession of that mediety and the profits of the said church until 21 Edward III, that the abbot and convent of West Derham claim to hold the said mediety to their own use without licence of the king, and have taken the issues and profits from 21 Edward III to the date of that inquisition, that the issues are worth clear 20l. a year, that the abbot and convent of Veterbo are and were aliens and without the realm, and there is war between the realm and the parts of Viterbo, as the jurors believed, from the year aforesaid until then, and that answer ought to be made to the king for the said issues, which amount to 1,089l., and for which the abbot and convent [of West Derham] are to answer; and that inquisition was read in chancery, the justices, serjeants at law and others of the council learned in the law being there present, and the matter understood, and after viewing the charters and muniments of the abbot, and proclamation made for any who would give the king or council information touching his right, when no man appeared, it seemed to the court that the king's hand should be removed from the profits and emoluments taken of the mediety aforesaid.