Chapter VII - The Royal Licence of 1446 and its period

Summary

Byngham's petition relates that he has been forced, by the failure to carry out the promise of the provision to him of fresh letters patent free of cost, to make suit for those letters himself, and it may be assumed that the letters patent dated 26 August 1446 are the result of his direct efforts. The new letters patent were presumably needed because of the change of the site and buildings of the college, for there was a meticulously close interpretation placed upon the written word in many of the king's courts, particularly in that of the Common Bench, and we have already seen evidence of the importance attached to very small details of description and nomenclature, leading to the repetition of the licence of 1 March 1442, with elaboration of such detail, in the licence of 10 June 1442. Much greater latitude was permitted in the court of the king's Chancellor, who would deal with suits affecting real estate even though documents were lacking, but in the court of Common Bench the written document itself was a condition precedent of suit being entertained. The licences, therefore, are filled with protective repetitive words, clauses and saving conditions designed to circumvent hair-splitting interpretations directed to defeat the obvious intent of the charters.

The letters of the king begin by reciting the introductory paragraphs and general sense of the previous letters patent, and refer to the subsequent death of William Wymbill.