1361-02-18, Westminster

To Walter de Kelby escheator in Lincolnshire. Whereas in the year of Edward IL Thomas late abbot of Thornton upon before William de Bereford and his fellows justices of the impleaded Gervase Avenel and Joan his wife, by writ of right 18 February in that year, concerning one messuage, one mill three carucates of land (two bovates of land excepted) in Carleton Basyngham, and on the morrow of the Purification 10 Edward recovered the same by judgment of the court without collusion, appeared by the record and process of the cause viewed and before the king and council in parliament in the first year the reign, and was put in seisin accordingly by writ de judicio continued his seisin therein until Master John Walweyn then south of Trent, alleging that Gervase and Joan before the of the said writ and the recovery adhered to the Scots, by comof Hugh le Despenser disseised the said abbot, which Hugh entered and by his power occupied the premises all his life, and were lately in the king's hand by his forfeiture, whereby afterwards abbot of that place by petition before the king council presented in the said parliament prayed for remedy, the king, willing to be certified thereupon, appointed Henry Fenton, John Daubeney and John de Crosholm the younger and of them to make inquisition, in presence of William Trussebut mainperned before the Council to sue for the king and his right and on a finding by inquisition so taken that Gervase and were at the late king's peace at the dates of the writ and of the that the said abbot Thomas was seised of the premises weeks and more by virtue of the judgment, that John Walweyn his bailiffs disseised him as aforesaid, that neither he nor William abbot changed his estate therein, and that the premises in the king's hand by the death of Hugh and for no other cause, 26 February in the first year of his reign, by writ founded upon said petition and its endorsement and upon the inquisition, the commanded Simon de Grymesby then guardian of the premises deliver the same to the said abbot William according to the aforesaid, as appears by inspection of a copy of the writ the files of chancery ; and now Robert abbot of the same place. by his petition before the king and council presented in this parhas prayed the king to remove his hand and restore the premises to the abbot according to the judgment of the first parliament, as under the name of the manor of Carleton by Basyngham (value 10/. a year) they have been by the escheator taken as forfeit into the king's hand, and the abbot has been ousted from possession, by pretext of another inquisition, before the escheator taken of office, finding (inter alia) that Gervase and Joan abandoned that manor, fled to Scotland to the faith of that king, and adhered to the Scots, enemies of England, and never after returned to the faith of the of England; and that petition being delivered in chancery, there (by virtue of the endorsement thereof) the record and of the plea before William de Bereford being viewed and before the council, and also the petition of the said abbot and its endorsement, the commission and inquisition thereon the said copy of the writ (all on the files of chancery), it is found restitution was made to the said William for that it was not that Gervase and Joan adhered to the said enemies, and the in person before the council by word of mouth affirmed he had no cause nor information to show wherefore restitution not be made to the abbot save the adherence aforesaid by returned in chancery, the contrary whereof is plain by the said whereby it was decided that restitution ought to be made : to remove the king's hand and restore the said manor to the to hold as before it was so taken, and not to intermeddle henceforth (saving the king's right, if any), restoring also issues thereof taken. By pet. of parl. Petitions 869: see also 868.