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Close Rolls, Henry VI: August 1439

Pages 209-211

Calendar of Close Rolls, Henry VI: Volume 3, 1435-1441. Originally published by His Majesty's Stationery Office, London, 1937.

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August 1439

Membrane 14.
Aug. 19.
Westminster.
To the escheator in Yorkshire. Order to take of Humphrey earl of Stafforde security for payment of his relief at the exchequer, and to give him livery of all lands, knights' fees, advowsons, liberties, properties, possessions, reversions etc. in the escheator's bailiwick taken into the king's hand by the death of Anne countess of Stafforde, howsoever they be called, and the issues and profits thereof taken since the morrow of the Purification last; as in consideration of his good and unpaid service the king lately granted that the earl should have livery of all castles, manors, lordships, honours, views of frankpledge, commotes, cantreds, hundreds, lands, rents, services, knights' fees, advowsons, liberties etc. whatsover in England, Wales, the march of Wales, Ireland and Calais which might or ought to descend or revert to him by the death of any of his ancestors or of any other person, and should or ought to be taken into the king's hand according to the course of chancery or otherwise, parcel by parcel at his pleasure immediately after an inquisition should be taken and returned by virtue of a writ of diem clausit extremum or other writ, without that that he should be hindered from so doing until all such inquisitions should be taken and returned, and that livery so given him should be of as great force as if he had sued livery after the return of all such inquisitions in the usual course; and he, being son and heir of the said countess, did after pray the king for his special favour, shewing that she was dead, that all her castles, manors etc. in England etc. were taken into the king's hand, that his courts were like to be adjourned, sheriffs and escheators to be removed, and fresh appointments made, and he feared that without long delay and great cost he might not obtain livery of the same, in consideration whereof, having taken the earl's homage and fealty, for 300l. payable at the receipt of the exchequer, which sum by common estimation the issues and profits of the premises while in the king's hand did not exceed, on 1 November last the king granted the earl livery of all castles, manors etc. in his hand which descended, reverted, remained or fell to the earl after the death of the countess, and that without the taking of inquisitions he might enter the same, except nevertheless that there should issue no livery of the lordship of Holdernesse with the members in what county soever they should be, or of lands in Brinles and Cantreselly late of the lordship of Hereforde, or of fees and advowsons of that lordship which then remained undivided between the king and the earl, or of the office of constable of England, granting that the earl might sue his livery, general or particular, of the lordships etc. so excepted according to the common law or to any grant of the king heretofore made, the premises notwithstanding, saving to the king his reliefs due for the same; and the earl's complaint after shewed that although by divers inquisitions taken in Yorkshire and Lincolnshire it was found that the countess died seised in fee tail of divers lands, messuages, cottages, tofts, mills, dovecotes, woods, rents, services, stanks, markets, conigers, ferries, tolls, stews, courts, wapentakes, advowsons, fees, fairs, liberties, parks, warrens, offices, reversions etc. in those counties which make up the manor of Brustwyk with the members, commonly called the lordship of Holdernesse, the livery whereof was above excepted, and that he is her son and next heir, and of full age, and although on the morrow of the Purification last and thenceforward continually until now he has sued in chancery for livery of the same according to law and to the course of chancery, many times producing letters patent of former kings, acts of parliament and other records and evidences sufficient and needful in law for proof of his right, and causing them to be there declared and read in presence of the justices, serjeants at law and others of the council learned in the law, nevertheless because of the aforesaid exception concerning the lordship of Holdernesse, and for that John Vampage for the crown did allege in writing that for particular matters, causes and allegations by him set forth the earl ought not to have livery of the same out of the king's hands, to which he made in writing a reply sufficient in law, and those letters patent, acts, evidences, arguments, allegations and replies were read and declared as well before the king and council at the king's side in England as before his council now at Calais, having travelled thither for arduous business of the king, and for no reason was livery denied him, nevertheless his livery has all that time been hindered and delayed, praying that the king would give order for such livery, and the issues taken since the morrow aforesaid; and in consideration of the earl's long continued suit and his great costs in prosecution thereof, willing that justice be no longer deferred, of his mere motion the king has granted that he shall have livery, general or particular, of all the lands, knights' fees, advowsons, liberties, reversions etc. specified in the inquisitions aforesaid, in what way soever the same be named, and the said issues and profits, notwithstanding the arguments and matters alleged by John Vampage or by any of the serjeants at law or others of the council, and notwithstanding defects, misprisions, neglects, omissions, contradictions or insufficiencies in the said inquisitions, the exception in the letters patent aforesaid, or any other matter or cause whatsoever, saving to the king the homage, fealty and relief to him due; and for 20s. paid in the hanaper the king has respited his homage and fealty until Easter day next.
To the escheator in Lincolnshire. Like order, mutatis mutandis, to give the said earl livery; as for a fine paid in the hanaper the king has respited his homage and fealty until a day yet to come, and has ordered the escheator in Yorkshire to take of him security for payment of his relief.