Indenture between Henry V and Sir Thomas Tunstall, 29 April 1415

Indentures were a standard form of medieval contract. Two copies of the agreement were made and were cut into pieces with indented, irregular lines which look a little like rows of teeth. The name comes from the Latin for teeth, dentes. Each part had the seal of the parties to the contract applied, the king retaining one, and the copies could be brought together at a later date should disagreements arise.

The document translated from French below is an indenture of war, like most of those relating to the 1415 campaign, it was made and sealed on 29 April 1415. It specifies the number of men Thomas was to bring, when they had to be ready, arrangements for their pay, arrangements for the distribution of the spoils of war and other contractual detail – we might call them penalty clauses – but not the aim of Henry’s expedition. At this date, the question as to whether the king would sail to relieve his duchy of Guienne (or Gascony) or to the north of France to make a serious attempt on the French throne was not made clear. Tunstall’s indenture, therefore had to cater for every eventuality which goes some way to explaining its length.

These indentures were the first of many documents relating to the military service of individuals. The first of these, the warrant for issue, is discussed here and further information relating to the musters mentioned in the indenture can be found by clicking on the ‘Access the Records‘ tab on the left of this page.

  This indenture made between the king our sovereign lord on the one hand, and Sir Thomas Tunstall on the other, bears witness that the said Thomas is bound towards our lord the king to serve him for a whole year on the expedition (voiage) which the lord king will make, God willing, in his own person, into his duchy of Guienne, or into his kingdom of France. The year will begin on the day of the muster to be made of the men of his retinue at a place which will be informed to him within the month of May next by the lord king, if he is then ready to make the said muster. Thomas shall have with him in the expedition for the whole year six men-at-arms, himself included, and 18 mounted archers. He will take wages for himself of 2 shillings per day. If Thomas goes to the duchy of Guienne in the company of the king, then he shall take as wages for the whole year for each of the men-at-arms, 40 marks, and for each of the archers, 20 marks. In the event that Thomas goes in the company of the king into the kingdom of France, he shall take as wages for each man-at-arms 12d per day, and for each of the archers, 6d per day, during the year. If the expedition is to France, then Thomas shall take the customary regard for himself and his men-at-arms, that is, according to the rate of 100 marks for 30 men-at-arms each quarter. Of the wages of the territory of Guienne, Thomas will be paid for half of the first quarter at the making of this indenture, and the other half when he makes muster ready to go to Guienne if the King goes there or sends him there. If it happens that, after the muster, the king does not go to his duchy of Guienne, but does go to the territory of France, then Thomas shall be paid as much as shall be owing to him for the said quarter above the sum received by him, as mentioned above, for the wages and regard, both for himself as for the men-at-arms and archers crossing to France.

  For surety of payment for the second quarter, the lord king will have delivered to Thomas on 1 June next, as pledge, jewels which, by agreement with Thomas, are worth  as much as the value of the wages or wages and regard for that quarter. These jewels Thomas shall be bound to return to the lord king at the time he wishes to redeem then within a year and a half and one month following the receipt of the said jewels. It shall be permissible for Thomas or anyone else to whom he delivers the jewels to dispose of them after the end of the said month at their pleasure without prevention by the king or his heirs, according to the contents of the letters patent under the great seal to be granted to Thomas in this matter.

  For the third quarter, Thomas shall be paid for himself and his retinue within six weeks after the beginning of it, according to the rate of the wages or wages with regard, as the case requires, for the last quarter of the year, if the king, our lord, does not by halfway through the third quarter give such surety to Thomas for the payment as he might reasonably accept, then at the end of the third quarter, Thomas shall be acquitted and discharged towards the lord king of the agreements specified in this present indenture.

Thomas shall be obliged to be ready at the sea coast with his men well mounted, armed and arrayed as appropriate to their rank, to make muster on 1 July next, and later, after their arrival overseas, Thomas will be obliged to muster men of his retinue before such a person or persons as it may please the lord king to appoint and assign, and as often as Thomas shall be reasonably required to do so. Thomas shall have shipping for himself and his retinue, their horses, harness and provisions, at the expense of the king, and also return shipping, like others of his rank in the expedition. If it happens that Thomas is given orders to the contrary before he crosses the sea, he shall be bound to serve the king wherever it pleases the latter, for the same sum of money, with the said men-at-arms and archers, according to the rate of wages accustomed in the territory to which they shall be ordered by the lord king, except for those who die, if any do, in the mean time.

  If it happens that the adversary of France, or any of his sons, nephews, uncles or cousins, or any king of any kingdom or his lieutenant, shall be captured in the expedition, the lord king shall have the Adversary or other person of the ranks mentioned above who are captured, and shall make reasonable composition with Thomas or the person who has effected the capture. With reference to other profits of gains of war the lord king shall have the third part of the gains of Thomas as well as the third of a third of a part  of the gains of prisoners, booty, money, all gold, silver and jewels worth more than 10 marks.

  In witness of these matters, Thomas has affixed his seal on the half of the indenture remaining with the king. Given at Westminster 29 April the third year of our lord king.

Translated from The National Archives E 101/69/7/484. The original text of this indenture is published in Rymer, Foedera, IV, ii, p. 116.