Folios: 26v-36v. Lincolnshire. Inspeximus by Richard II of the tenor of a record...

Folios: 26v-36v. Lincolnshire. Inspeximus by Richard II of the tenor of a record and process of a dispute before Edward III in 39 Edw. III, made at the request of John, duke of Lancaster.

First party: Richard II.

Second party: John, duke of Lancaster [John of Gaunt], and Blanche, his wife.

Place or subject: The suit was between John, duke of Lancaster, and Blanche, his wife, kinswoman and heir of Henry, brother and heir of Thomas, late earl of Lancaster, querents, and William de Monte Acuto [Montagu], earl of Salisbury, deforciant, concerning the manors of Aldeburn [Aldbourne], Wynterburn [Winterbourne], Aumbresbury [Amesbury] and Troubrugge [Trowbridge], Wiltshire, whom the king caused to come before him in Chancery by writ of scire facias, as follows: Enrolled in the term of Easter 39 Edw. III, rotulet 49. It is to be remembered that S, bishop of Ely, chancellor of England [Simon Langham], at another time, namely in Hilary term 39 Edw. III, delivered in court by his own hands to the justices a certain record, as follows: Pleas before the king and his council at Westminster, etc, on the morrow of the Purification of the Blessed Mary 1 Edw. III. Henry de Lancaster, brother and heir of Thomas, late earl of Lancaster, came in this Parliament and exhibited before the king and his council a petition [recited in French]. By pretext of which, it was said to the chancellor by the king that, once the rolls of Edward II, his father, had been examined, he was to cause the record and process to be brought back into parliament. Afterwards, the chancellor produced the record and process [extensive details given of the contrariants’ campaign against Edward II in the years before 1322, and of his execution] For this reason Henry requested that the record and process come in. He says that he is the brother and heir of Earl Thomas, and on account of errors intervening in the same record and process, he seeks that these be corrected, etc. And it is said to him that he should show the errors, etc. [Details of the errors given] Whereupon he seeks those errors be corrected and the erroneous judgement cancelled, etc, and he be admitted to his inheritance as brother and heir of Thomas, etc. And because the record and process have been inspected and fully understood, on account of those errors and others found therein, it is considered by the king and his magnates and the whole commonalty of the realm in the same Parliament that the judgement against Thomas should be revoked and annulled as if erroneous, and that Henry, as his brother and heir, be admitted to seek and have his inheritance by due process, as is the custom, and he is to have the writs of Chancery and justices, in whose places the record and process are enrolled, so that the record and process be made void, etc. Afterwards, at the suit of John, duke of Lancaster, and Blanche. his wife, kinswoman and heir of Henry, brother and heir of Thomas, late earl of Lancaster, the king now accepted that William de Montagu, earl of Salisbury, demised the manors of Aldbourne, Winterbourne, Amesbury and Trowbridge, of which Earl Thomas was seised in his demesne as of fee and which he entered in his lifetime before the judgement to John de Warenne, then earl of Surrey, to hold for the life of the earl of Surrey, with reversion to Earl Thomas and his heirs after the death of the earl of Surrey, and in the person of Thomas, the late earl, at the time of the judgement proclaimed against him after the death of the earl of Surrey, and William holds and occupies them at present. The king, wishing justice to be done to the duke and Blanche, ordered the sheriff of Wiltshire to cause the earl of Salisbury to know that he should be before the king in three weeks after Easter to show if has or knows to say anything for himself as to why those manors ought not to be restored to the duke and Blanche as kinswoman and heir of Henry, brother and heir of Thomas, late earl. [Further details given regarding their case against the earl of Salisbury concerning Trowbridge and Aldbourne, Winterbourne and Amesbury] And upon this the duke and Blanche seek the execution of the same manors of Trowbridge and Aldbourne. And upon this it is requested from the earl of Salisbury if he knows anything to say as to why the duke and Blanche ought not to have the execution of the manors of Trowbridge and Aldbourne. Because he says nothing, therefore they are to have the execution thereof and seisin, etc.

County: Wiltshire.

Additional people: Witnesses to the charter of William de Monte Acuto [Montagu] dated 11 Edw. III: J. archbishop of Canterbury [John Stratford], H. bishop of Lincoln, treasurer [Henry Burghersh]; A. bishop of Winchester [Adam Orleton]; John de Warenne, earl of Surrey; Hugh de Courtenay, earl of Devon; Thomas Wake of Lydel [Liddel]; and Roger de Grey. Witnesses to the charter 12 Edw. III: John, archbishop of Canterbury; Richard, bishop of Durham [Richard de Bury]; Robert de Chichester, chancellor; Roger, bishop of Coventry and Lichfield [Roger Northburgh]; John de Warenne, earl of Surrey; Henry, earl of Derby; Thomas de Bello Campo [Beauchamp], earl of Warwick; William de Clynton [Clinton], earl of Huntingdon; and Henry de Ferrers. Witnesses to the overall inspeximus: Edmund, duke of York, keeper of England.

Dated at Westminster.

3 Nov 18 Ric II.