1331-06-03, Bury St. Edmunds

Memorandum, that on Monday after the Ascension, 5 Edward III., in the chancery at Westminster, at the prosecution of David de Strabolgi, earl of Athole, kinsman and co-heir of Aymer de Valencia, earl of Pembroke, to wit of a quarter of the inheritance, asserting that partition of the inheritance made between the heirs and parceners of the inheritance in the late king's time had been erroneously made, and that he [has] less in his purparty than pertains to him according to the law and custom of the realm, it was considered by the king's council that partition of the lands shall be made anéw; and because Richard Talebot, who married Elizabeth, kinswoman co-heiress of Aymer, to wit of quarter of the inheritance, alleged that he held the lands assigned to Elizabeth's purparty to him and to Elizabeth . Parr I. 317 to his heirs by fine levied in the king's court, and that he ought to his warranty thence, it was likewise considered that the earl of Athole, it be found by the extents made of the said lands or to be made otherwise, necessary, that he has less in his purparty than pertains to him according the law and custom of the realm and the extents aforesaid, shall have the of whiat is short from the purparties of those who have more than ought to have, as shall seem fit to the court, and that Richard and shall hold the lands assigned to Elizabeth in her purparty in according to the tenor of the said fine, unless they have more than ought to have of right and according to the extents aforesaid, and if they have more than they ought to have, the excess shali be taken them and assigned to the purparty of him or of those who has or have little. And the earl was told to sue writs for the lands of the inheritance to be anew, if he wished. And John de Swafham, his attorney in this said that he did not wish to challenge any extents of the inheritance made after Aymer s death, except those that were made of the of the inheritance in co. Northumberland, and that all the other were good and were lawfully made, and he accepted them as good ; Jolin de Houton, escheator beyond Trent, was ordered to cause lands in co. Northumberland to be newly extended, so that he shall have extents in the chancery on the morrow of St. Peter ad Vincula next ; day was given to the earl and to Richard and Elizabeth in the matter At which day the extents were not returned, wherefore day was to the said parties in chancery in the octaves of Michaelmas next.