240 Chancery traverse. Humphrey, earl of Stafford, versus John Vampage for the
king, regarding the manor of Burstwick in Yorkshire and Lincolnshire.
[Manuscript torn away at top left.]
The traverse begins by reciting two inquisitions in
full:
[238](#CIPM-DOC-25-238) (Yorkshire) and
[239](#CIPM-DOC-25-239) (Lincolnshire). It continues as follows. Regarding which,
Humphrey, earl of Stafford
, came in person before the present king in his Chancery at
Westminster on the
morrow of Candlemas 1439, saying that he is the son and heir of the late
countess, as found by the inquisitions, and suing for livery of the manor of
Burstwick with
all its members and appurtenances, and all other premisses specified in the inquisitions, as
held by the late countess when she died.
[
John
Vampage
.]
John
Vampage
, for
the king, says that
the earl should not by law have livery of the manor of
Burstwick with its members and appurtenances, nor any of the lands and tenements specified
in the inquisitions because all the messuages, tofts, cottages, mill, land, meadow, pasture,
and rent in
Keyingham, specified in the Yorkshire inquisition, are parcel of the manor of
Keyingham; all the messuages, land, meadow, pasture and rent in
Skeffling are parcel of the
manor of
Skeffling; all the land, meadow, and pasture in
Little Humber, are parcel of the
manor of
Little Humber; all the messuages, tofts, mill, land, meadow, pasture, and rent in
Bond
Burstwick
, are parcel of the manor of
Bond Burstwick; all the mill, land, meadow,
pasture, closes, ponds, and rent in
Cleeton, are parcel of the manor of
Cleeton; all the
messuages, tofts, land, meadow, pasture, woods, and rent in
Skipsea, are parcel of the
castle, lordship, and manor of
Skipsea; all the messuages, tofts, land, meadow, pasture,
woods, and rent in
Hornsea Burton, are parcel of the manor of
Hornsea Burton; all the
messuages, cottages, tofts, land, meadow, pasture, woods, and rent in
Skeckling, are parcel
of the manor of
Skeckling; the rent in
Hedon is a certain fee-farm of
the king and his
ancestors, and not parcel of the manor of Burstwick; all the messuages, cottages, tofts,
land, meadow, pasture, woods, and rent in
Keyingham Marsh, are parcel of the manor of
Keyingham Marsh; all the messuages, cottages, tofts, land, meadow, pasture, woods, and rent
in
Burton Pidsea, are parcel of the manor of
Burton Pidsea; all the messuages, land, meadow,
pasture, and rent in
Preston, are parcel of the manor of
Preston; all the messuages, land,
meadow, pasture, and rent in
Elstronwick, are parcel of the manor of
Elstronwick; all the
messuages, land, meadow, and rent in
Sproatley, are parcel of the manor of
Sproatley; all
the messuages, tofts, land, meadow, pasture, and rent in
Owthorne, are parcel of the manor
of
Owthorne; all the messuages, cottages, land, meadow, stank, mill, fairs (nundine), tolls,
and rent in
Withernsea, are parcel of the manor of
Withernsea; and all the messuages, tofts,
cottages, land, meadow, mill, rabbit-warrens, and rent in
Kilnsea, are parcel of the manor
of
Kilnsea; all the messuages, land, meadow, and rent in
Sunthorpe and
Hutton, are parcel of
the manor of
Sunthorpe; all the messuages, land, meadow, pasture, and rent in
Easington,
are parcel of the manor of
Easington; and all the messuages, land, meadow, pasture, and rent in
Dimlington, are parcel
of the manor of
Dimlington.
These manors or messuages, cottages, tofts, mills, dovecots,
land, meadow, woods, pasture, rent, and other premisses are, and always were from time
immemorial, separate manors and messuages, cottages, tofts, mills, dovecots, land, meadow,
woods, pasture, and rent of
the king and his ancestors, and all those in which
the king has
an estate are separate and distinct from the manor of Burstwick. They are neither members
nor parcels of that manor, and never were, as sufficiently clear from the record in
the
king’s Chancery, Exchequer, and Treasury, in the keeping of the chamberlains of the
Exchequer Receipt and other officers and ministers. He says that the place called Holderness
or the lordship of
Holderness is a locality (patria) or island, within which various people
are separately seised of the various separate holdings, manors, fees, and lordships. The
manor of
Skipsea lies within the locality or island called Holderness, and is, and always
was, the chief and principal lordship within the precinct or territory of that locality.
Many tenants and possessors of various manors in the rest of the locality hold, and have
held, their possessions of the lords and possessors of the castle and manor of Skipsea by
certain services as of that castle, manor, and lordship, as of the chief and principal
lordship of Holderness, by services called castleward among other things.
John
Vampage
also
says that all the knights’ fees, advowsons, and patronages specified in the inquisitions,
except the advowson of the abbey of
Thornton, are parcel of the castle, manor, and lordship
of
Skipsea, and belong to that castle, manor, and lordship, as the chief castle, manor, and
lordship of and in Holderness. They are not, and never were, parcels or members of the manor
of Burstwick. He says that the advowson of Thornton belongs to
the king in right of his
crown, as sufficiently clear from various records, charters, deeds, and other muniments,
from there and from other premisses, in the king’s Chancery, Exchequer, and Treasury in the
keeping of the chamberlains etc. [as above]. He also says that long after the letters patent
of
Richard
II
to the late
duke of Gloucester
, regarding the manor of Burstwick, were made
[CPR 1388–92, pp. 255–6; CPR 1391–96, p. 504], and after the death of
Anne, late queen of
England
, similarly specified in the inquisitions,
Richard
II
was warned in right of his
crown and he entered onto the possession of
the duke, still living, in the manor of
Burstwick with its members and appurtenances and was thus seised in demesne as of fee
simple. He continued his possession for all of
the duke’s life and long after his death. The
duke had issue:
Humphrey, and died before
14 September, viz., on
8 September
1397, after the death of whom, it was found by various separate inquisitions
taken by virtue of writs diem clausit extremum in Berkshire, Huntingdonshire,
Cambridgeshire, and other English counties [
[CIPM XVII, nos 1022–1052](CIPM-DOC-17-1022)], among other things,
that Humphrey, son of the late duke, was his next heir and a minor. Afterwards, at the
parliament begun at
Westminster on
17 September 1397, and adjourned to
Shrewsbury on the following quindene of Hilary [1398], where it finished, the late
duke of
Gloucester
was judged traitor by authority of that parliament. It was further ordered by the
same authority in the same parliament that all castles, manors, lands, tenements,
reversions, fees, advowsons and whatsoever other hereditaments held by the late duke in fee
tail and fee simple on 13 November 1387 and afterwards, and also all other
lands and tenements in which others were enfeoffed to the use of
the duke on that
13
November and afterwards, were forfeit to
Richard and his heirs by the late duke and his
heirs, according to the statute made in this case in parliament, as sufficiently clear from
the record of the rolls of the same parliament [PROME, vol. vii, pp. 408ff (item 7)].
Henry
IV
afterwards received and was seised of the manor of Burstwick with its members and
appurtenances in demesne as of fee in right of his crown of England. Thus seised, by letters
patent dated [space left in text of ms],
he granted, among other things, the manor of
Burstwick with all its members and appurtenances, to
Thomas, duke of Clarence
, described as
[space left in text of ms], to hold to him and his heirs, as more fully shown in the letters
patent [CPR 1399–1401, pp. 152–3]. The duke of Clarence was thus seised of the manor with
its members and appurtenances in demesne as of fee.
The duke of Clarence, so seised, granted
the manor with its members etc., among other things, to
Ralph, Lord Cromwell
,
John
Colvile
,
William
Bowes
, knights,
John
Martyn
,
Henry
Merston, clerk
,
William
Alyngton
, and
James
Strangways
, to hold to them and their heirs. Royal licence was obtained [CPR 1405–1408, p.
363; CPR 1422–29, pp. 59–60]. They were thus seised in demesne as of fee, the estate of whom
the duke of Clarence afterwards had in the same manor. He was thus seised in demesne as of
fee and died seised of this estate. The manor descended to
Henry V, as brother and heir of
the duke of
Clarence because
the duke had died without heir of his body, and
the king was
seised of the manor in demesne as of fee. He too died seised of this estate, and the manor
descended to the present king as son and heir of
Henry
V.
Henry VI
was thus seised of the
manor of Burstwick with its members and appurtenances in demesne as of fee. With the king
thus seised,
the countess specified in the inquisitions presented a petition to
the king as
daughter and heir of the late duke at the parliament held at Westminster in his first regnal
year, regarding the manor of Burstwick, beseeching him to acknowledge the following and
petitioning that, according to the law of England, by assent of the lords spiritual and
temporal and the community of the realm there present, by authority of that parliament,
justice be done for the countess according to the law of England: – to acknowledge that the
manor of Burstwick was seized into the hand of
Richard
II
by virtue of the judgement against
the late
duke of Gloucester
at
Richard
II
’s parliament [recited as above];
that
Henry
IV
granted the manor by letters patent to the late duke of Clarence, described as his most
beloved son
Thomas
de
Lancastre, steward of England
, to hold the manor to the late duke and
his heirs and assigns of
Henry
IV
and his heirs and other lords of the fees by due service,
inasmuch as
Anne, late queen of England
, or any other before her, held the same manor; that
the duke of Clarence was thus seised in demesne as of fee by virtue of these letters patent,
and died so seised without heir of his body; that the manor therefore descended to
Henry V
as brother and heir of the duke of Clarence; that, after the death of Henry V, the manor
descended to the present king as his son and heir; and that it was in the hand of the
present king for these reasons. A response, as recorded on the dorse of the petition, was
made in the same parliament and kept in the Chancery files among the petitions of that
parliament. From the record of this petition, the tenor, sealed and exemplified under
the
king’s great
seal, was displayed here in court
by
John
Vampage
for the king before the Lord Chancellor.
Afterwards, Ralph,
John
Colvile
,
William
Bowes
,
John
Martyn
,
Henry
Merston
,
William
Alyngton
, and
James
Strangways
, claiming
the manor of Burstwick, demised it, among other things, to
Robert, Lord Willoughby
,
Thomas
Erpyngham
,
William
Bonvile
,
William
Cromewell
, knights,
Thomas
Burgeys, esquire
, and
William
Thirlewall
, for 40 years, provided that it, among other things, remain at the end of the
term to the king and his heirs. The grant was made by indented charter dated on 13
February 1423 and enrolled in Exchequer. They also delivered the charter to the
chamberlains of the Exchequer Receipt, for safe-keeping in
the Treasury, which [charter],
exemplified under the seal of the Exchequer, was displayed by
John
Vampage
, here in the
Chancery court. The charter remains in the Treasury, in the keeping of the chamberlains.
John
Vampage
also says that it was found by an inquisition taken by writ mandamus at
Aylesbury in Buckinghamshire, before
Guy
Bracy
, in
Henry
IV
’s first regnal year [
[CIPM XVIII,
no. 124](CIPM-DOC-18-124)], that the
duke of Gloucester
died on 8 September 1397, by which it is
clear that
the duke died long before the parliament in the late king’s 21st year [beginning
at Westminster on 17 September 1397]
. It was also found that
Anne, countess of
Stafford
,
Joan, and
Isabel, his three daughters, were then his next heirs because
Anne and
Joan were of full age:
Anne was
aged 17 years, and
Joan was
aged 15 years.
Isabel was a
minor, and turned 13 on
23 April then last. In which case,
the countess was not the
duke of
Gloucester’
s only heir, but his heir along with
Joan and
Isabel, her sisters. No mention of
their deaths, or that of
Humphrey, son of the
duke of Gloucester
, is made in any inquisition
taken after the death of the
duke of Gloucester
; and neither was it found by any
inquisition, or material of record, that
the countess had livery of the manor of Burstwick,
the lordship of Holderness, or any parcel of the same, from
the king’s hand as daughter and
heir of the late duke, or as sister and heir of
Humphrey, her brother, and [sister and heir]
of
Joan and
Isabel, her sisters. Neither did the
countess of Stafford
ever have possession
or seisin in any legal way, or by law of the land, of the manor of Burstwick, the lordship
of Holderness, or any parcel of the same, from the king’s hand in any manner that
John
Vampage
, for the king, can verify. He thus does not consider that the earl should have
livery of the manor of Burstwick with its members and appurtenances, any parcel of the same,
any other of the above lands and tenements, or any other lands and tenements specified in
the Yorkshire and Lincolnshire inquisitions, because to do so would go against the materials
and other premisses that he has cited above.
[
Humphrey, earl of Stafford
.] The
earl of
Stafford
, not acknowledging anything alleged previously by
John
Vampage
, says that he should
not be barred by any allegations from having livery of the manor of Burstwick and all the
things specified as its members and appurtenances in the Yorkshire and Lincolnshire
inquisitions. Where it was above alleged for the king that the manors or messuages,
cottages, tofts, mills, dovecots, land, meadow, woods, pasture, rent, and other premisses –
that
John
Vampage
supposed to be distinct and separate – are and always were, from time
immemorial, separate manors or messuages, cottages, tofts, mills, dovecots, land, meadow,
woods, pasture, and rent of the king and his ancestors and of all others, and that the
estate the king has in the same is separate and distinct from the manor of Burstwick and not
member or parcel of the manor of Burstwick, the
earl of Stafford
protests the following.
Long before the first letters patent, above, were made and by no small amount within the
time of memory,
Peter
de
Gauaston
and
Margaret his wife were seised of the manor of
Burstwick and its members abovesaid, in demesne as of fee, by grant of
Edward
II
[CPR
1307–13, p. 114]. The king afterwards, by charter dated by his hand at
Stamford on
5
August 1309, proffered here in court by the earl, granted them his earldom of
Cornwall, with very many castles, manors, vills, lordships, hundreds, and services, to have
to them and the heirs of their bodies in exchange for the following: the manor of Burstwick
with its members and other appurtenances, as specified in the inquisitions, the castle and
manor of
Skipton in Craven with its members and other appurtenances in Yorkshire, the castle
and honour of
High Peak, with its members and other appurtenances in Derbyshire, the castle,
manor, and honour of
Cockermouth in Cumberland, the manors of
Torpel and
Upton in
Northamptonshire, and the castle of
Carisbrooke and certain other lands and tenements on the
Isle of Wight in Hampshire. By letters patent dated on
28 September 1397 and
enrolled here in Chancery [CPR 1396–99, p. 281],
Richard
II
– affirming that the late
duke
of Gloucester
had held, by letters patent, the manor of Burstwick and all things specified
as members of the manor in the said inquisitions – granted to his most beloved brother,
Edward, then
earl of Rutland
, the same manor with its members, described as the manor and
lordship of Burstwick and the castle and manor of Skipsea, patronage of the abbey of
Meaux
in Yorkshire, the manor of
Barrow upon Humber, patronage of the abbey of
Thornton in
Lincolnshire, and all manors, lands and tenements, rents and services, franchises,
liberties, and possessions whatsoever, known by whatever names, in the vills of
Preston,
Burton Pidsea,
Bond
Burstwick
,
Skeckling,
Lelley Dyke,
Paull,
Keyingham,
Skeffling,
Easington,
Kilnsea,
Withernsea, and
Cleeton, that were of
Thomas, late duke of Gloucester
,
then deceased, and forfeit by virtue of the judgement against him in
Richard
II
’s parliament
at
Westminster on
17 September 1397 for various treasons against
the king’s
regality. The earl also protested that it is manifestly apparent in various deeds and
evidences kept in
the king’s Chancery, copies of which were delivered to
the earl by the
court, that those manors or messuages, cottages, tofts, mills, dovecots, land, meadow,
woods, pasture, rent, and other premisses, asserted by
John
Vampage
to be separate and
distinct from the manor of Burstwick, are members and parcels of that manor, viz., there is
a deed, dated on
20 October 1354, by which
William
de la
Pole, senior
,
quitclaimed for him and his heirs to the most excellent prince,
Edward, late king of England
and France
, and his heirs and assigns, all right and claim, and all manner of action, that
he had, or could have, against the late king and his heirs and assigns in the following: the
manor of Burstwick in Holderness, the manors and vills of Cleeton, Little Humber, Burton
Pidsea, Owthorne, Withernsea, Skeffling, Kilnsea, Easington, Preston,
Bond
Burstwick
,
Ravenser, Hedon, Barrow upon Humber, Paull Fleet, Sproatley, Lelley Dyke, and Elstronwick,
the wapentake of Holderness, and a certain farm called serjeanty of the crown, that are
members and appurtenances of the manor of Burstwick, also in 210 a. land and 92 a. meadow
from the demesne lands of the manor of Burstwick in Skeckling, in the vills of Lelley Dyke
and Elstronwick, and in the vills and hamlets of
Northorpe, Hutton, Sunthorpe, and
Dimlington, and in 20 bovates called Ridgmont, and in the manor and vill of Skipsea with the
bailiwick and hamlet of
Newhythe, and similarly in homages and services of free tenants in
Hollym, and in all other members and appurtenances, that were then in the late king’s hand,
and that
William
de la
Pole
had by grant of
the king. There is a certain other deed,
indented, dated at Westminster on
4 March 1355, made between the most excellent
prince,
Edward
III
, on the one part, and
William
de la
Pole, senior, chevalier
, on the
other, witnessing, among other things, that since
William granted, by two deeds, two annual
rents to
the king, viz., one of 1000 marks for the term of the life of
Katherine his wife,
and the other of £200 in fee simple, to be taken from all his lands and tenements in
Yorkshire and other places in England,
the king granted, for him and his heirs, that if
either one of two things happened: – if
Katherine should die and
William survived, or if
Katherine should survive after the death of
William and release to
the king her dower from
the following manors, vills, hamlets, wapentakes, farms, rents, lands and tenements,
homages, and services, that
William had by grant of
the king and that he had surrendered to
the king and his heirs – then
the king would surrender the deed for 1000 marks and restore
it to
William or his heirs, and that all of
William’s lands and tenements would then be
discharged of the rent at pleasure. The manors, vills, hamlets etc. in the deed comprise the
following: the manor of Burstwick in Holderness, the manors and vills of Cleeton, Little
Humber, Burton Pidsea, Owthorne, Withernsea, Skeffling, Kilnsea, Easington, Preston,
Bond
Burstwick
, Ravenser, Hedon, Barrow upon Humber, Paull Fleet, Sproatley, Lelley Dyke, and
Elstronwick, the wapentake of Holderness, and a farm called serjeanty of the crown, that are
members and appurtenances of the manor of Burstwick, 210 a. land and 92 a. meadow from the
demesne lands of the manor of Burstwick in Skeckling, and in the vills of Lelley Dyke and
Elstronwick, the vills and hamlets of Northorpe, Hutton, Sunthorpe, and Dimlington, 20
bovates called Ridgmont, the manor and vill of Skipsea with the bailiwick and hamlet of
Newhythe, homages and services of free tenants in Hollym, and all other members and
appurtenances, the manors of
Edingley (Eryngeleye) and
North Wheatley or South Wheatley (Wetheleye)
in Nottinghamshire, a certain annual rent of 260 marks that
William took from an ancient
custom of wools, hides and woolfells in the port of
Kingston upon Hull, and all other lands
and tenements that
William had by grant of
the king. Furthermore, he says that
Richard
II
was seised in demesne as of fee of the manor of Burstwick with its members and appurtenances
and, by letters patent dated at Westminster on
22 November 1382 [CPR 1381–85,
p. 203], produced here in court by the
earl of Stafford
, and by easement and consent of the
lords, magnates and others of his council, he granted it, with the same members and
appurtenances, described as the manor of Burstwick with its members and appurtenances in
Holderness in Yorkshire, along with the lordship of Barrow upon Humber, with its
appurtenances in Lincolnshire, and various other manors, lands, and tenements specified in
the same letters, to
Anne, then
queen of England
and his most beloved consort, to have as
part of her dower. She was thus seised in demesne as of free tenement with reversion to
the
king, and his heirs. The king afterwards granted, by his special grace for him and his
heirs, by charter dated by his hand at Westminster on
12 June 1390 and produced
here in court by the
earl of Stafford
, that the manor of Burstwick, with all its members and
appurtenances that
Anne held for life by his grant with reversion to
the king and his heirs
should instead, after her death, remain to the
duke of Gloucester
, described as his most
beloved uncle,
Thomas
de
Wodestoke
, then
duke of Gloucester
, and the heirs of his body, to
hold – with members, hamlets, knights’ fees, advowsons of churches, abbeys, priories,
chapels, chantries, and hospitals, wards, marriages, reliefs, escheats, fairs, markets,
liberties, free customs, franchises, parks, chases, woods, warrens, fisheries, reversion of
lands and tenements of tenants in dower and of tenants at terms of life, and all other
reversions and services from free tenants and neifs, and all other things belonging to the
manor in whatever way and in whatever place, inasmuch as
Anne held – of
the king and his
heirs by due service to the value of £600 yearly in part satisfaction of £1000 yearly
already granted by
the king to his uncle the more honorably to maintain his estate as the
earl of Buckingham. Anne
, then queen, attorned to
the duke. Afterwards, by other letters
patent dated by his hand in parliament at Westminster on
16 November 1390, in
order to address any difficulties, imperfections, and ambiguities arising and to cut short
any evil interpretations for the security of
the duke and the heirs of his body regarding
the charter,
Richard
II
, by his special grace and by assent and counsel of all his prelates,
magnates, and proctors of the kingdom of England, and others of his council, in the same
parliament at Westminster on the
morrow of Martinmas 1390 and also at a special suit and by
assent of his entire community of the kingdom of England at the said parliament, granted
and, by his charter, confirmed for him and his heirs to the
duke of Gloucester
, described as
his most beloved uncle,
Thomas, then
duke of Gloucester
, and the heirs of his body, the
manor of Burstwick [terms of the grant are as charter above], to hold of
the king and his
heirs by due service to the value of £600 yearly, the more fittingly to support and maintain
his estate as the
earl of Buckingham [
PROME, November 1390, item 12, vol. vii, pp. 177–8].
Anne, late queen
, afterwards died and, by letters patent to his beloved and faithful
Robert
de
Hilton
,
John
Conestable
of
Halsham,
William
de
Holm
, and
Robert
Sturme
, first reciting
the charter of
12 June 1390 [text as charter above] and wishing to effect the
grant to his uncle,
Richard
II
– more fully trusting in their fidelity and circumspection –
appointed
Robert
de
Hilton
,
John
Conestable
,
William
de
Holm
, and
Robert
Sturme
, jointly and
separately, to deliver full seisin and possession of the manor with its members,
appurtenances, hamlets, and all other premisses to his uncle or his named attorney,
according to the form of the charter, and ordered them to execute this task with all the
diligence and efficacy that they were able. The letters patent were dated at Westminster on
10 June 1394 [CPR 1391–96, p. 420] and produced by the
earl of Stafford
here in court.
Robert
de
Hilton
,
John
Conestable
,
William
de
Holm
, and
Robert
Sturme
thus
delivered full seisin and possession of the manor of Burstwick, with the messuages,
cottages, tofts, mills, dovecots, land, meadow, woods, pasture, rent, services, closes,
stanks, fairs (nundinis), rabbit-warrens, ferry, tolls, ponds, courts, wapentakes,
advowsons, patronages, fees, fairs, liberties, free customs, franchises, parks, warrens, and
offices, specified in the inquisitions as members of the manor, to the
duke of Gloucester
,
according to the form of the letters patent directed to them.
Richard
II
subsequently, by
other letters patent, dated at Westminster on
8 August 1394 [CPR 1391–96, p.
504] and produced here in court by the
earl of Stafford –
reciting his grant to the late
duke of Gloucester
and the heirs of his body of, among other things, the reversion of the
manor of Burstwick with members, hamlets, fees, advowsons, and all other franchises and
appurtenances – ratified and confirmed the grant to the late duke and the heirs of his
body, for him and his heirs, according to the force and effect of the letters made for that
grant. Furthermore, he guaranteed whatever was contained in the letters to the
duke of
Gloucester
and his heirs and, moreover, from certain knowledge, he granted for him and his
heirs that if any possession or thing contained in the letters is found in future by
inquisition, or any other way, to be of greater value than that specified in the letters,
then his uncle and his heirs should have and hold according to the form of the grants,
without impeachment or disturbance for that reason, or for any reason, by
the king or his
heirs and ministers. Afterwards, at the parliament begun at Westminster on
17
September 1397, and adjourned to Shrewsbury on the
quindene of Hilary
following
[1398], where it finished, the late
duke of Gloucester
was judged traitor by authority of
that parliament. By the same authority, it was also ordered that all castles, manors, lands,
tenements, reversions, fees, advowsons and whatsoever other hereditaments that were of the
late duke, in fee tail and fee simple, on
13 November 1387 and afterwards, and
all other lands and tenements in which others were enfeoffed to the use of
the duke on that
13 November and afterwards, were forfeit by the late duke and his heirs to
Richard and his
heirs, according to the statute then made in parliament, of whomsoever they are held, and
that all his goods and chattels were forfeit to
the king.
Richard afterwards withdrew (se
demisit) from rule and
Henry
IV
took up (suscepit) governance. At his parliament held at
Westminster on
6 October 1399, he considered the great losses caused by the
parliament held Westminster on
17 September 1397 and adjourned to
Shrewsbury
where, as shown by the roll of parliament, various judgements were erroneously made by
authority of that parliament, to the great disherison and destruction of honorable lords and
other lieges, and their heirs; and he decreed by assent of all the lords spiritual and
temporal and of the community of the realm, that the 1397 parliament and its authority were
invalid. It was also ordained that all the lords and others who were so deprived in 1397 or,
if they were now deceased, their heirs, be restored to their names and inheritances as
wholly as they, or their feoffees, had been before the judgement of 1397, enter without
suing and have livery [PROME, vol. viii, pp. 30–32]. He protested that since
Joan died
without heir of her body and
Isabel also died without heir of her body, having taken the
habit in the house of the minoresses of
St Francis in the parish of
St Botulph by the Tower
of London [Aldgate]
in Middlesex and been professed before the 1397
parliament was held, the manor of Burstwick with its members and appurtenances thus remained
continually in the hand of
Henry
IV
until
the king thus, and possessed of no other estate in
the same, by his letters patent enrolled in Chancery dated [gap left in ms text for
insertion of date] in his [gap left in ms text] regnal year, granted the manor with its
members and appurtenances to his most beloved son,
Thomas
de
Lancastre
, then
steward of
England
, to hold to him and his heirs and assigns of
Henry
IV
and his heirs and the other
lords of the fees by due service, as wholly as held by
Anne, late queen of England
, or
anyone else before her. By authority of these letters,
Thomas
de
Lancastre
obtained
possession of the manor with its members and appurtenances.
He granted it by charter, among
other things, with its members and appurtenances, to
Ralph
Cromewell, knight
,
John
Colvile
,
William
Bowes
,
Henry
Merston, clerk
,
James
Strangways
,
John
Martyn
,
William
Alyngton
,
Richard
Norton
, and
John
Heron
, to hold to them and their heirs and assigns of
Henry V and
his heirs and the other lords of the fees by due service. The duke was described in the
charter as
Thomas, duke
of
Clarence, earl of Aumale
, and
steward of England
, and the grant
was made without royal licence. This offence meant that the manor with its members and
appurtenances was taken into the hand of
Henry
V. Richard Norton
and
John
Heron
died.
Henry
V also died and, after his death,
Henry
VI
pardoned the offence on
12 February
1423 by his special grace, and for 1000 marks paid into the Chancery hanaper [CPR
1422–29, pp. 59–60]. He also granted for him and his heirs as much was in the manor with its
members and appurtenances, among other things, to
Ralph,
John
Colvile
,
William
Bowes
,
Henry
Merston
, James,
John
Martyn
, and
William
Alyngton
to hold to them and their heirs and
assigns of
the king and his heirs and other lords of the fees by due service. This is more
fully contained in the letters patent enrolled in Chancery. The king thus removed his hand
and ordered the treasurer and his barons of the Exchequer to stay any demands regarding the
issues of the manor from
12 February, and for
Ralph,
John
Colvile
,
William
Bowes
,
Henry
Merston
,
James,
John
Martyn
, and
William
Alyngton
, the stewards of the receipt, or other
officers and ministers of the manor to come to Exchequer, as just, to be discharged and made
quit. The order was made by writ, enrolled in Exchequer among the writs to the barons for
Easter term 1427, roll 1. The site, parks, land, meadow, pasture, messuages, tofts,
cottages, mills, rent, closes, services, ponds, stanks, fairs (nundine), tolls,
rabbit-warrens, ferry, courts, wapentakes, advowsons, patronages, knights’ fees, liberties,
franchises, free customs, warrens and offices, specified in the Yorkshire and Lincolnshire
inquisitions, together with the castle, lordship, manors, messuages, tofts, cottages, mills,
land, meadow, pasture, rent, closes, services, fee-farm, ponds, woods, stanks, fairs
(nundine), tolls, rabbit-warrens, and dovecots that
John
Vampage
supposes to be separate and
distinct from the manor of Burstwick, and not parcel of the same, are, and thus far always
have been, members and parcels of the manor of Burstwick. They were members and parcels of
the manor when the letters patent were made to the late queen and when the charters and
letters patent were made to the late
duke of Gloucester
, as well as when the parliaments
were held and, within the letters patent and charters of the late queen and late duke, are
so specified. They comprise, and thus far have always comprised, the manor and, when the
letters patent and charters above were made, were known as, and are still known as, the
manor of Burstwick with its members and appurtenances alias the lordship of Holderness.
Furthermore, the
earl of Stafford
says that
Humphrey, son of the late
duke of Gloucester
,
died without heir of his body long before the parliament of 1399; that
Anne, late countess
of Stafford
was daughter and heir of the late
duke of Gloucester
when this parliament was
held; and that the late duke was living at the time of the 1397 parliament. The late duke
did not die on
8 September 1397, or before the parliament of that year;
Richard
II
did not enter onto the possession of the late
duke of Gloucester
in the manor of
Burstwick with members and appurtenances, or any parcel of the same, while the
duke of
Gloucester
was living, and or was thence seised in demesne as of fee; the late duke of
Clarence or
Henry V did not die seised of the manor of Burstwick with members and
appurtenances, or any parcel thereof; and the place called Skipsea that
John
Vampage
supposed to be the manor of Skipsea within the locality called Holderness is not, nor ever
has been, the chief lordship within the surrounding area of the entire locality. In which
case, the entry of
Anne, lately countess of Stafford
, into the manor of Burstwick with
members and appurtenances was allowable in law, notwithstanding anything alleged above by
John
Vampage
. After the removal of
the king’s hand, she thus entered onto the possession of
Ralph,
John
Colvile
,
William
Bowes
,
John
Martyn
,
Henry
Merston
,
William
Alyngton
, and
James
in the manor with members and appurtenances before the following took place: before any
demise for 40 years, with remainder to
the king and his heirs, was made by
Ralph,
John
Colvile
,
William
Bowes
,
John
Martyn
,
Henry
Merston
,
William
Alyngton
, and
James, to
Robert,
Lord Willoughby
,
Thomas
Erpyngham
,
William
Bonvile
,
William
Cromewell
,
Thomas
Burgeys
, and
William
Thirlewall
; before any delivery was made of the charter to the chamberlains of
the
king’s Exchequer Receipt; and before any enrolment of that charter. She was thus seised in
demesne as of fee tail, and died seised of this estate as found by the Yorkshire and
Lincolnshire inquisitions. Before the entry on
the countess into the manor,
Joan died
without heir of her body, and
Isabel was professed without having had heir of her body. The
late countess thus did not, as alleged by
John
Vampage
, enter onto the possession of
Henry V
or
Henry
VI
in the manor with its members and appurtenances, or any parcel thereof; and he
[the earl] is ready to prove this, by the record as regards those things which are supposed
to be subject to the record, and as the court will consider as regards those other things
which will determine the issue of the plea. As to the other things alleged by
John
Vampage
,
the
earl of Stafford
is not required by law to respond since it is found by these
inquisitions that the late
countess of Stafford
died seised of the manor of Burstwick with
its members and appurtenances in demesne as of fee tail, and that the same
earl of Stafford
is the son and heir of the late countess. Let him petition for right and livery of the manor
with its members and appurtenances etc. [in ms].