1345-01-08, Westminster

To the sheriff of Southampton. Order to cause a new chamber to be made in Porcestre castle and the defects of the hall, chambers and kitchen to be repaired against the king's arrival there, by the view and testimony of John Haket, constable of the castle. By p.s. . Parr 2. 633 of a process showing that on 10 November in the 18th the reign the king ordered the sheriff of Cumberland to notify John John de Morland and Thomas de Warthecop, chaplains, to be on the octaves of Hilary following to show cause why the of Brouham, Kyngesmeburn, .Appelby, Langetton, Wynton, Burgh under Staynesmore and Soureby near Burgh, a a mill, 56 acres of land, 600 acres of wood, 70 acres of moor in Soureby, Kirkebythore, Whynstel and Sandford, the office of the of Westmorland and the adyowsons of the abbey of Hepp and of of Kirkebythore, Merton and Brouham, which are held in should not be taken into the king's hand and why they should not with the issues thereof and further to do and receive what the court should determine, as by a fine of 40/. which Robert de Clifford with the king, he gave him licence to enfeoff John, John and Thomas premises and to give them seisin thereof, and to grant them to Robert the heirs male of his body, and the said John, John and Thomas occupied the premises, which are held in chief, from the time of death, which ought to pertain to the king by reason of the of Robert's heir until that heir should come of age, and the returned that he notified the said John, John and Thomas by de Stanes and John Hobson, and on the said day the chaplains by Thomas de Sandford and William de Sandford, their attorneys, that Robert de Clifford, by deed dated at Hert on 24 February, in 18th year of the reign, granted the premises to John, John and which deed he showed in court, and Robert delivered seisin to on Monday after Palm Sunday following, and wishing to resume his therein by a fine levied in the king's court, he brought a writ of agreebefore the justices of the Bench against those chaplains for the said ete. returnable three weeks from Easter following, and because the were not then seised of the shrievalty or of the services of the free of the manors and lands, by the assent of Robert they made default a day by the rolls of the justices upon the process begun by the of agreement, on the octaves of Trinity following, and Robert died those octaves, wherefore the chaplains could not grant the premises according to the licence, but they dowered Isabel, late Robert's wife, a third part thereof, and they are ready to enfeoff Robert's heir with and the reversion of the said dower, wherefore they do not that as Robert did not die seised of the premises, and they had therein except by the licence, why the king should have the said or the custody of the heir, and William de Thorp, who sues for the says that the king gave licence to Robert to enfeoff the chaplains with upon condition that they should grant them to Robert and the of his body, as fully appears by the said licence, so that the king haye the custody and marriage of the heir if Robert should die his heir was under age, and the other profits pertain to the king as true tenant, and the chaplains have remained in possession by fraud to the form of licence, to take away the custody from the king the heir, and he seeks that the manors, etc. be taken into the hand and that answer be made to the king for the issues from the of Robert's death; and deliberation being taken thereupon by the treasurer, justices of the Bench and William de Shareshull, chief of the exchequer, it seemed by the licence and by the inquisition of Robert, which contains that the chaplains were seised of the upon such condition only, that it was the intention both of the and Robert that they should grant seisin thereof to Robert and the of his body, and that they could have no estate therein except in that form, and because after the enfeoffment, during Robert's life, to wit from the said Monday to 20 May following, when he died, as is found by the said inquisition, when they could have enfeoffed him of the premises, they did not do so, but still remain in possession, it is clear that this is to the king's danger and to the disinheriting of the heir, and therefore with the assent of the chancellor and others it is considered that the premises be taken into the king's hand, to hold as a custody until the heir come of age, and that answer be made to the king for the issues from the time of Robert's death.