BHO

Close Rolls, Henry V: December 1413

Pages 110-114

Calendar of Close Rolls, Henry V: Volume 1, 1413-1419. Originally published by His Majesty's Stationery Office, London, 1929.

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December 1413

Membrane 8d.
Dec. 11.
Westminster.
Edward duke of York to Joan de Beauchamp lady of Bergevenny. Recognisance for 2,000l., to be levied etc. in Roteland.
Condition, that the duke shall fulfil all the covenants contained in indentures between him and the said Joan, John Greyndore knight and Thomas Walwayn, made 1 December 1 Henry V, concerning the ward of all castles, lordships, manors, lands, rents, customs, services and reversions of Thomas late lord le Despenser.
Dec. 11.
Westminster.
Joan de Beauchamp (as above), John Greyndore knight and Thomas Walwayn to Edward duke of York. (Like) recognisance, to be levied etc. in Herefordshire and Gloucestershire.
Condition (as above) on their behalf.
Dec. 13.
Westminster.
To the prior and convent of Worcester. Request to admit to their house John Chamberlayn the king's serjeant, one of the clerks of the chapel within his household, whom the king has sent to them, and to minister to him for life such maintenance as John Wymbyssh deceased had therein, making him letters patent under their common seal with mention of what he shall take, and writing again by the bearer what they will do at this request. By p.s. [162.]
Dec. 15.
Westminster.
To the mayor and bailiffs of Oxford. Order to cause proclamation to be made that, for particular causes him now moving, the king has given licence to all beneficed clerks, graduates and other clerks studying in that university who were born in Ireland and Wales to abide therein, notwithstanding the proclamation lately made throughout all England, that all men there born, of whatsoever estate, degree or condition, should under pain of forfeiture hasten to draw thither, so that they should be there at Christmas next at latest, unless they should have special licence of the king. By K.
Dec. 24.
Westminster.
To Th. archbishop of Canterbury. Notice of the prorogation of the parliament ordered to be holden at Leycestre on 29 January next to 30 April following, and summons to be present there at that date, with the clause premunientes. By K.
Like writs to H. archbishop of York, R. bishop of London and eighteen other bishops.
[Report on Dignity of a Peer, iv. p. 821.]
To the abbot of Peterborough. Like notice, and summons at the said date. By K.
Like writs to the abbot of St. John Colcestre, 23 other abbots, the prior of Coventre and the prior of St. John of Jerusalem in England.
[Ibid., omitting the abbot of Shrewsbury.]
To Thomas duke of Clarence and earl of Albemarle. Like notice, and summons at the said date. By K.
Like writs to Edward duke of York, Edward Courtenay earl of Devon, eight other earls, Edward Charleton of Powys and 28 others, including Master Thomas de la Warre.
[Ibid., p. 822.]
To the sheriff of Kent. Like notice, and order at the next county court to cause proclamation to be made of the date and place aforesaid, and two knights of the shire, two citizens of every city and two burgesses of every borough to be elected by those who shall be present at the proclamation, and to come to the parliament. The king's will is that the sheriff be not elected, nor any other sheriff. By K.
Like writs to singular the sheriffs throughout England, and to the chancellor in the county palatine of Lancastre.
[Ibid.]
To the sheriff of Bristol. Like notice, and order, mutatis mutandis, for election of two burgesses. By K.
Like writs to the following, mutatis mutandis:
The sheriffs of London for election of four citizens.
The sheriffs of York for election of two citizens.
The sheriff of Newcastle upon Tyne for election of two burgesses.
The sheriffs of Norwich for election of two citizens.
The sheriffs of Lincoln for election of two citizens.
[Ibid., p. 823.]
To William Hankeforde chief justice. Like notice, and summons at the aforesaid date.
Like writs to Richard Norton chief justice of the Common Bench, and to nine others.
[Ibid.]
To the constable of Dovorre castle and warden of the Cinque Ports, or to his lieutenant. Like notice, and order to cause two barons of every port to be elected and come at the aforesaid date.
[Ibid.]
Membrane 7d.
Memorandum that 3 June this year an information was laid in chancery by William Luddyngton one of the serjeants at law, that John Rypoun abbot of Meaux, then present in court, is suing in the court of Rome for a provision to the abbey of Fountains, and has caused papal bulls to be made in contempt of the king and breach of the law and the statutes, and caused himself to be called abbot of Fountains, craving that the abbot be examined; whereupon Henry bishop of Winchester the chancellor did examine him upon oath, and to the first question whether he caused any bulls concerning the said abbey to be sued for at the court of Rome, he said none, and the said William averred that Robert Watton, who is of the abbot's counsel, shewed and published in divers places in the realm a copy of bulls to him made concerning the said abbey, craving that he should be examined, and he being sworn did confess that he had a copy of them, and by order of the chancellor did produce the same, [text follows], namely a bull of the pope, dated St. Peters at Rome ix Kal. Apriles 3 John [XXIII], addressed to John abbot of St. Mary Fountains of the Cistercian order in the diocese of York, reciting that the abbey was vacant by death of abbot Robert without the court of Rome, that the convent proceeded to an election, and the choice of the majority was for the said abbot of St. Mary Meaux of the same order and diocese, and others preferred Roger Frank a monk of Fountains abbey, but that William abbot of Rievaux, and Richard abbot of Jorevaux of the same order and diocese, commissaries as they said of Matthew abbot of Clarevaux in the diocese of Langres of the same order, claiming that the provision of an abbot of Fountains devolved this time upon him according to the institutions of the order approved by the papal see, by such provision set the said Roger over the said abbey, that he contrary to the ordinance of a general council of that order, providing that any monk or lay brother who should approach princes or powerful men for creation, visitation or correction of an abbot or any ordering of a monastery, should obtain of them aid, prayers or letters, or should thereto vouch any persons not of the order, or consent to such voucher, should be excommunicate, if it should appear that this was with his knowledge or consent, and that if elected his election should be void, neither should he be held eligible there or elsewhere without licence of the chapter, and he should be expelled from his own house, with the support of a great host of esquires did intrude himself in the said abbey, and did meddle in the ruling and administration of the goods thereof, and did secure the confirmation of the chapter for his election or provision, that action arising between the parties, the cause was brought before the papal see, and the pope committed the same first to Francis cardinal priest of Sancti Quatuor Coronati deceased, and after to Jordan cardinal bishop of Albano, then cardinal priest of St. Lawrence in Damaso, that the said bishop pronounced sentence, absolving the said Roger from impeachment, that the said John appealed to the papal see, that the pope committed his appeal to Francis cardinal priest of St. Cross in Jerusalem, who confirmed the said sentence, that the said John again appealed, that by consent of the parties the pope committed that appeal to John cardinal priest of St. Peter ad Vincula and Alemaunus cardinal priest of St. Eusebius, but that the cause being yet undecided, and divers other commissions being without effect, lastly the pope by word of mouth gave commission to Francis cardinal deacon of St. Cosmas and St. Damianus to consider the estate of Fountains abbey, notoriously in need of reform, to make inquisition concerning the said elections, the merits of the elect and other the circumstances, and to report what he should find, that he reported in a consistory before the cardinals aforesaid, and the pope's finding, upon his report, that the election of the said Roger, his provision by the said commissaries, his confirmation in the general council, and all that followed thereafter were bad and of none effect because the election was by a minority, and because of the ordinance, and of his intrusion by violence, and that the election of the said John was by the majority, and confirming the election of the said John, of whose merits testimony is given him, notwithstanding reservations general or special made by pope Nicholas III concerning provisions of monasteries if peradventure not observed, or other papal constitutions etc., and appointing him abbot: to the chancellor's question wherefore it named him abbot of Fountains, the said John said that he was informed that the pope did by bulls confirm him as abbot: to the further question who sued for and obtained those bulls in the court of Rome, and at whose cost they were obtained, he said that he knows not: to the question by whom that copy was brought to England, he said that a chaplain named Roger brought it: to the question whether he purposed to hold any benefice by virtue of the bulls therein mentioned, or to put the same in execution, he said that if the bulls made to him were of the form therein contained, he did; whereupon order was given him on behalf of the king at his peril to abandon and renounce all therein mentioned which may tend to prejudice of the king or to impair the law and the statutes of the realm, and so he there did.
Also of a recognisance thereupon made 14 June following by the said John Rypoun, John Nyandser, John Midylton and Robert Watton to the king in 1,000l., payable in case he should go forth of the realm without special licence of the king, or send any other to the court of Rome, in order to make any suit or attempt which may tend etc. (as above), or if it may be proved that papal bulls in the form aforesaid containing aught to the prejudice etc. are sued for and obtained in the court of Rome by him or by another at his cost as the said serjeant did allege, he shall when required appear before the king to make ransom for his contempt and trespass.
Memorandum (in margin) that this recognisance is cancelled by command of King Henry VI by force of a writ of privy seal dated 1 December 3 Henry VI and addressed to Henry bishop of Winchester then chancellor, which is on the chancery file for that year.
John Northeby citizen and merchant of York, Henry de Broghton chaplain and John de Hamerton clerk to Katharine who was wife of John Byngley and late the wife of Thomas Swynflete of Kyngeston upon Hull, being cousin and heir of Hugh Hanby of Kyngeston aforesaid, and to John Swynflete her son, their heirs and assigns. Confirmation of their estate and possession in divers lands, rents and services in 'South Otryngton' co. York, sometime of the said Hugh, which John Swynflete did enter in right of his mother, and whereof he and his mother are now seised; and quitclaim thereof. Dated 9 November 1 Henry V.
Memorandum of acknowledgment at the common chamber upon the Ouse bridge York 19 December last before Robert Holme mayor of York, by virtue of a dedimus potestatem which is on the chancery file for this year.