July 21.
Westminster. |
To the treasurer and the barons of the exchequer. Order not
to trouble John de Holand (Holond) now earl of Huntyngdoun for
his homages; as by petition presented in parliament in 4 Henry V
the said John, being son of John de Holande late earl of Huntyngdoun, shewing that that earl and Elizabeth his wife had issue
Richard the elder son, now deceased without issue, and the said
John the younger, that all the castles, honours, manors, lands,
rents, services, reversions, offices, knights' fees, wards, marriages,
reliefs, escheats, advowsons, chaces, parks, warrens, fisheries, fairs,
markets, liberties, customs, mills, ferries, woods, moors, marshes,
fee farms, hundreds, wapentakes, views of frankpledge, wrecks of
the sea, profits, issues, revenues etc. which the earl had on 5
January the eve of the Epiphany 1 Henry IV, and which then or
after were seized into that king's hand by reason of his forfeiture
and by virtue of a judgment rendered in a parliament holden at
Westminster at the octaves of St. Hilary 2 Henry IV, were by
King Richard II or by some former king or other person given in
tail to the said earl and Elizabeth or one of them or to one of the
earl's ancestors, prayed the late king in parliament by authority
of parliament to grant that he should be enabled and restored to
the name of earl of Huntyngdoun, and to the honour and dignity
of his father without corruption of blood, so as to be son and heir
of line to his father and brother and heir to the said Richard in
respect of the castles etc. aforesaid, and able to be heir to them
and any ancestor whatsoever as fully as if there had been no
forfeiture and no judgment rendered, that he might enter and take
seisin thereof, except all the castles etc. by the said Elizabeth
held of the duchy of Cornwall for her life, and except the castle
and manor of Manerbier and Pennaly co. Pembroke, the manor of
Ardyngton and 'Filbertescourt' co. Berkshire, the manors of
Berforde co. Wiltesir and Flete Amarle co. Devon by her held in
jointure as she avers, when the petitioner should come of age,
namely 29 March next after that parliament as did appear by an
office taken by virtue of a writ of diem clausit extremum before
Robert Cary then escheator in Devon, without proof of age or
other process or suit at law whatsoever, notwithstanding the
seizure thereof into the hands of King Henry IV or the late king
by reason of the said forfeiture and judgment, the corruption of his
blood, or any grant or gift by those kings made, provided always
that the said Elizabeth should have her dower of the same, and
that the petitioner should not thereby or by aught therein contained
be thereafter debarred from any action, suit or benefit he might
then or after have by the common law; and the late king did
grant that by authority of parliament he should be so enabled,
and as to the entailed lands etc. mentioned that at the discretion
of the chancellor he should on 29 March aforesaid have a writ of
livery of all those which he might prove of record or by other
evidences were entailed, were then in the hands of the late king
or his farmers, and of which the late king was seised at his death,
with the exceptions aforesaid, and in respect of other entailed
lands in the hands of others writs of scire facias against the tenants
thereof to shew cause wherefore he should not have livery of the
same, saving always the forfeiture of lands by his father held in
fee simple, and saving to the late king and his heirs all which then
or formerly were parcel of the duchy of Cornwall or to that duchy
annexed; and upon the finding of divers inquisitions, taken
before John Fortescu the late king's escheator in Devon, that
King Richard was seised of the manors of Bovytracy, 'Northlieu,'
Holdesworthy, Langacre, Barnestaple, Combemartyn, Fremyngton, 'Southmolton,' Dertyngton, Blakeboruboty and Wynkele,
and the hundreds of Fremyngton and 'Southmolton,' with the
knights' fees, advowsons, chaces, parks, fairs, markets, liberties,
services of freeholders and neifs and all other profits etc. thereto
belonging, and by divers letters patent gave the same to John
de Holand late earl of Huntyngdoun and to the heirs of his body
by Elizabeth then his wife, that by the form of those gifts the
earl was thereof seised in fee tail, and died so seised, that after his
death the same descended to Richard de Holande as his son and
heir by Elizabeth, and after the death of Richard to John de
Holand, now earl of Huntyngdoun, being his brother and heir by
the said Elizabeth, for that Richard died without issue, and came
to the hands of King Henry IV by the death of the earl and by
reason of the nonage of the said Richard, and were in the late
king's hand by reason of the said John's nonage, and that the
manors of Bovytracy, 'Northlieu,' Holdesworthy, Langacre,
Barnestaple, Combemartyn, Fremyngton, 'Southmolton,'
Dertyngton and Wynkele (sic) and the said hundreds were held in
chief by knight service, the manors of Blakeboruboty and
Wynkele (sic) of others than the king, whereas in the last parliament the lords spiritual and temporal, being severally examined
touching the interpretation of the answer aforesaid, averred
advisedly that at the time the same was given, at the time of the
late king's parliament, their intent was that John the son should
sue for possession of the lands entailed which were not in the hands
of the king or of his farmers against the tenants thereof, and not
have livery by the course of the common law or otherwise contrary
to the said answer, upon proof of the age of John de Holande the
son before the late king's escheator in Devon, after view of the
petition and answer and of the lords' interpretation, and also of
the letters of King Richard touching the said manors and hundreds,
and after deliberation with the justices, serjeants at law and others
of the council learned in the law, it seemed to them that the
manors of Barnestaple, Combemartyn, Fremyngton, 'Southmolton,' Dertyngton, Blakeboruboty and Wynkele and the said
hundreds with the knights' fees, advowsons etc. thereto pertaining
were given to the said earl as aforesaid, and at the time of his said
parliament were in the hands of the late king, wherefore it was
determined that John de Holande the son by authority of the said
parliament and by advice of the council should have and sue
livery thereof among other things, and the issues thereof taken
since 29 March aforesaid, if he should think fit, and for a fine paid
in the hanaper the late king respited until a day now past his
homage and fealty due for the same and for lands entailed in other
counties which descended to him, and commanded livery thereof
to be given him, and the issues since the date aforesaid; and for
another fine paid in the hanaper the king has respited until a day
yet to come his homage and fealty for the lands of his heritage
held by the said Elizabeth in fee tail, and those by her held in
dower or otherwise for life, and on 8 March last commanded
livery thereof to be given him; and the king has taken his
homage. By p.s. |
