1365-05-27, Westminster

To Henry Grene and his fellows, justices appointed to hold pleas before the king. Order, if the process before them has been as alleged, to proceed in the pleas between John duke of Lancastre and Blanche his wife and William de Monte Acuto earl of Salisbury, doing justice between the parties, the allegations of the defendant hereinafter recited notwithstanding, saving always the king's right, bearing themselves so circumspectly and prudently herein that he may not be prejudiced, and not proceeding to rendering of judgment without advising the king; as Thomas late earl of Lancastre on Monday before the Annunciation 15 Edward II, in presence of the late king, was by judgment of his court adjudged to death as a traitor and enemy of the said king and of the realm, and was accordingly beheaded ; and after at the suit of Henry his brother and heir, by petition presented in parliament at Westminster assembled on the morrow of the Purification in the first year of the present reign, alleging divers errors in the record and in the rendering of that judgment, the king caused the said record and judgment to come before the lords and commons in the said parliament, and upon examination the same was by the parliament revoked, annulled and 7 adjudged erroneous, and further it was determined that the said Henry as brother and heir of Thomas should be admitted to crave ' his heritage and to have the same by due process ; and now on behalf . of John duke of Lancastre and Blanche his wife, cousin and heir of the said Henry brother of Thomas, petition is made to the king for remedy, as the said justices by colour of the said allegations have deferred to proceed with their suit against the said earl by divers writs in that court, by virtue of the said revocation craving restitution of the manors of Aldebourne, Wynterbourne, Ambresbury and Troubrigge co. Wiltes, Caneford co. Dorset, Henstrugge and Cherleton co. Somerset, whereof the said Thomas was seised in his demesne as of fee, and in his life time before the said judgment demised the. same to John de Warenna then earl of Surrey for life with reversion to Thomas and his heirs, such reversion. being in Thomas at the publication of the said judgment, and which after the death of the said earl of Surrey the defendant entered and now holds; and the said defendant in his pleading has alleged that at the request of the prelates, lords and commons in parliament at Westminster assembled in the 11th year of his reign the king promoted Edward his eldest son to be duke of Cornwall and invested him with the _dukedom by girding on his sword, and in the same parliament invested (among others) William de Monte Acuto (father of the said earl) with the earldom of Salisbury by girding on his sword, freely granting to him and his heirs the name and honour (nomen et omen) of earl of Salisbury, and in order that the said William and his heirs might support the charges of that honour gave him 201. of rent of the issues of the county of Wiltes every year, granting likewise that the castle and manor (sc) of Troubrugge, Aldebourne, Ambresbury, Wynterbourne, IIT, 113 Henstrugge and Cherleton, held for life by John de then earl of Surrey and Joan his wife with reversion to the should remain to the said William and the heirs male of his body the knights fees etc. thereto belonging to the value of 800 marks year to be held by the service of one knight's fee, in part of 1,000 of land and rent whereof the king granted to make provision him and them, and the king is seised of those services by the hands the defendant, that for better support of the said honour the king to the late earl of Salisbury and to the heirs male of his 1,000 marks every oe to be taken of the issue of the stampage tin in Cornwall, namely 800 marks until the said castle and manors come to their hands, and the residue until provision should made them of other 200 marks of land and rent, so that when they obtain peaceable possession of the said castle and manors mony of 800 marks: should cease, and pay ment By the residue when thes said other ladda; and the same should ch to the king and heirs, that at the request of the prelates, lords and commons in parliament at Westminster assembled, reciting that charter, king further granted to, the said earl of Salisbury and to his heirs reversion of the said castle and manors with the members, etc. thereto pertaining, which ought to have reverted to king and his heirs after the death of the earl and countess of by virtue of a quitclaim to the king and his heirs made, after late king caused the same to be taken into his hand, by Alice of Thomas sometime earl of Lancastre, daughter and heir of de Lacy earl of Lincoln and of Margaret his wife sometime of Salisbury, by reason of the forfeiture of Hugh le Despenser younger to whom the late king granted the reversion thereof in after the death of the said earl of Surrey, and by attornment of said earl of Surrey to the said Hugh, to hold as fully as the foreof the said Margaret ever held the same, and that by another the king of his particular knowledge with the assent of the earls, barons and others of the council confirmed the gift grants aforesaid, willing that the late, earl of Salisbury and his should have and hold the yearly rent of 201. and after the death the earl and countess of Surrey the castle and manors aforesaid the members, hamlets etc., and further for his greater security that if by. judgment of the king's court or the court of his the premises should after the death of the earl and countess of be recovered or deraigned or by the king or his heirs without of the earl of Salisbury or his heirs put out of their hands, should be made them of other lands in recompense to the of those recovered before they should be ousted therefrom ; thereupon the said now earl of Salisbury has said that the earl countess of Surrey attorned to the late earl for their services for said castle and manors, that the earl of Salisbury after died, by death the said reversion descended to him the now earl, that the earl of Surrey died, and the said Joan died solely seised of the castle and manors, that after her decease he sued writs of clausit extremum in the said counties, and it was found before escheators that she died thereof seised and that the reversion to him the now earl of Salisbury, and that so he helds the of the king's grant by virtue of his charters, craving of the king aid which was to him granted. 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