Robert de Malberthorp: Difference between revisions
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{{Infobox officeholder |
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| ⚫ | Malberthorp was a [[Serjeant-at-law|serjeant]] at the |
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| name = Sir Robert de Malberthorp |
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| smallimage = <!--If this is specified, "image" should not be.--> |
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| order = 19th |
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| office = Lord Chief Justice of England |
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| term_start = 1 May 1329 |
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| term_end = 28 October 1329 |
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| monarch = [[Edward III]] |
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| primeminister = [[Henry, 3rd Earl of Lancaster]]<br>''(as [[Lord High Steward]])'' |
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| chancellor = [[Henry Burghersh]] |
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| predecessor = [[Geoffrey le Scrope]] |
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| successor = [[Henry le Scrope]] |
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| birth_name = |
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| death_date = c. 1332 |
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| resting_place = Saint Mary's Parish Church, [[Mablethorpe, Lincolnshire]] |
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| citizenship = |
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| nationality = English |
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| party = |
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| otherparty = <!--For additional political affiliations--> |
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| partner = <!--For those with a domestic partner and not married--> |
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| parents = Sir William of Malberthorpe (father) |
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| residence = Mablethorpe, Lincolnshire |
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}} |
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| ⚫ | Sir '''Robert de Malberthorp''' (d. 1331/1332) was an [[England|English]] lawyer, and [[Chief Justice of the King's Bench]] in 1329. He was the son and heir of Sir William of Malberthorpe, lord of the manor of [[Mablethorpe, Lincolnshire]], which was located on the site of the present Mablethorpe Hall.{{citation needed|date=February 2014}} |
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| ⚫ | It was Malberthorp who, in the king's name, passed a judgement of death over the rebellious Thomas of Lancaster, after Lancaster's defeat at the [[Battle of Boroughbridge]]. For this Malberthorp would need a pardon after the fall of [[Edward II of England|Edward II]]. Yet he remained in favour at court under the new regime of [[Roger Mortimer, 1st Earl of March|Roger Mortimer]], and later under the personal government of [[Edward III of England|Edward III]]. In February 1329 he was involved in sessions against rebels led by Thomas' brother, [[Henry, 3rd Earl of Lancaster|Henry of Lancaster]]. |
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==Biography== |
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The pinnacle of Malberthorp's career came on 1 May 1329, when he was made chief justice of the king's bench. He only held this position until 28 October, however, as at this time he had been appointed justice of [[Eyre (legal term)|eyre]] for [[Nottinghamshire]] and [[Derbyshire]]. On 18 January 1331, he was appointed justice of [[Court of Common Pleas (England)|common pleas]], and remained in that position until [[Michaelmas term]]. |
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| ⚫ | Sir Robert Malberthorp was a [[Serjeant-at-law|serjeant]] at the [[Court of Common Pleas (England)|Common Bench]] by 1299. In 1311 he was working for the [[city of London]], and in 1313-14 he was employed as serjeant by [[Thomas, 2nd Earl of Lancaster|Thomas of Lancaster]]. On 1 August 1320 he was appointed justice of the [[Court of King's Bench (England)|king's bench]]. He worked on several legal commissions in this period, many in his native Lincolnshire and surrounding counties. One commission in particular was designed to help the [[Hugh Despenser the Younger|Despensers]] gain the [[Gower (Lordship)|Lordship of Gower]] against [[John de Mowbray, 2nd Baron Mowbray|John Mowbray]] and his allies.{{citation needed|date=February 2014}} |
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| ⚫ | It was Malberthorp who, in the king's name, passed a judgement of death over the rebellious Thomas of Lancaster, after Lancaster's defeat at the [[Battle of Boroughbridge]]. For this Malberthorp would need a pardon after the fall of [[Edward II of England|Edward II]]. Yet he remained in favour at court under the new regime of [[Roger Mortimer, 1st Earl of March|Roger Mortimer]], and later under the personal government of [[Edward III of England|Edward III]]. In February 1329 he was involved in sessions against rebels led by Thomas' brother, [[Henry, 3rd Earl of Lancaster|Henry of Lancaster]].{{citation needed|date=February 2014}} |
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He was dead by 21 January 1332, when the [[escheat]]or was instructed to take his lands into the king's hand. There is no will or inquisition post mortem, however, and no record of him ever having married or having children. He had been knighted by 1326. |
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The pinnacle of Malberthorp's career came on 1 May 1329, when he was made Chief Justice of the King's Bench. He held this position, however, only until 28 October, when he was appointed Lord Chief Justice of Common Pleas.{{citation needed|date=September 2015}} He remained in this position until a [[duel]] with [[Baron Montalt|Robert de Montalt]], at Earls Bridge on the outskirts of Mablethorpe. Both men died of their wounds. Mablethorpe was buried at [[St Mary's Church, Mablethorpe]], where there is still an effigy of him in the church. The head of the figure rests on a pillow upheld by angels, and beneath the feet are two dragons engaged in fierce combat. The tail of the one impaled by the spur of the knight, while the foot resting on the back of the other.{{citation needed|date=February 2014}} |
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Robert de Montalt was buried in the chancel at All Saints Church in [[Maltby Le Marsh]] in Lincolnshire. His tomb bears an effigy of a cross-legged knight wearing [[chain mail]] and surcoat. At his head are two angels, by a pillow, and at his feet two lions biting each other.{{citation needed|date=February 2014}} |
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==Family feud== |
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The De Malberthorp's and the De Montalt's were two of Mablethorpe's most noble families. But a family feud, which lasted for 96 years, arose over a quarrel as to who would present the next [[Rector (ecclesiastical)|Rector]]s at Saint Mary's and Saint Peter's parish churches. Roger de Montalt and Thomas, son of Endo de Malberthorp in the year of 1233, disputed the right of presenting the Rector of St Mary's. A decision was made that Thomas should present the Rector who was Richard de Wyverton.{{citation needed|date=February 2014}} |
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The feud came to a conclusion when, on 26 December 1329, Robert de Montalt met Robert de Malberthorp on the bridge (two miles west of Mablethorpe), Robert De Montalt had accused Robert De Malberthorp of cowardice in battle and told him to get out of his way, Robert De Malberthorp resented the unjust rumour and refused to move, Robert De Montalt began to have doubts, but he did not dare to withdraw the charge as if he did, his five-week bride would think him afraid.{{citation needed|date=February 2014}} |
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The duel would settle the matter and whoever survived the duel would gain "satisfaction", by restoring one's honour by demonstrating a willingness to risk one's life for it. The De Montalt's stood on the side of earls bridge towards Maltby le Marsh and the Malberthorp's stood on the side nearest to Mablethorpe. The two Earls duelled in ghastly determination and both men understood of which in open conflict, one of the Earls had to kill the other one and that one of them would not be crossing the bridge alive.{{citation needed|date=February 2014}} |
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Records state that the men attacked each other "like lions". Evenly matched and experienced in weaponry, they fought for hours, but eventually sword strokes took their toll on each and the two knights fell dead together. Robert De Malberthorp's daughter Elizabeth, who was married Thomas Fitzwilliam II of [[Sprotbrough]] in [[Yorkshire]], inherited her father's Manor and lands in Mablethorpe. The Fitzwilliam family were to live at Mablethorpe for a total of 290 years.{{citation needed|date=February 2014}} |
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Robert's de Montalt's nephew Robert de Morley inherited his uncle's lands. In 1332 a subsidy roll was made and in the same year a tax was levied on freeholders, sokemen and the wealthier villains. Only seven settlements in [[Lindsey (government district)|Lindsey]] had more than 100 taxpayers. In August 1335 the sea broke through the banks off Mablethorpe causing widespread flooding, over two or more days, and drowning sheep and cows and destroying crops. Robert Morley presented one of his relations, named William, to be chaplain of the chantry chapel of St Lawrence at St Mary's Church and he was assigned the task of praying for the souls of the de Malberthorp family, who has probably founded the chantry in 1316.{{citation needed|date=February 2014}} |
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In 1335 [[Edward III of England]] confirmed an agreement whereby Robert Morley was granted permission to exchange the Montalt manor of Mablethorpe for Queens Isabel's manor at [[Framsden|Framesdon]] in [[Suffolk]]. The agreement also stated that she acquired rent and services of land held by Elizabeth de Malberthorp and her husband Thomas Fitzwilliam II. Queen Isabel had brought the Montalt Manor to spend time with the Fitzwilliams as they were related to the [[Plantagenet]]s through the descendants of [[Henry II of England]]'s half-brother [[Hamelin de Warenne, Earl of Surrey|Hamelin de Gatinais]].<ref>{{Cite web|url=http://www.royalist.info/execute/tree?person=1050|archive-url=https://web.archive.org/web/20140221234746/http://www.royalist.info/execute/tree?person=1050|url-status=usurped|archive-date=21 February 2014|title=Family Tree for Hamelin de Gatinais (half-brother of King Henry II) at RoyaList}}</ref>{{citation needed|date=February 2014}} |
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==References== |
==References== |
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*S. Bothwell |
*S. Bothwell, ''Oxford Dictionary of National Biography'', Oxford University Press, May 2006 [http://www.oxforddnb.com/view/article/94468, accessed 11 Jan 2008] |
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{{succession box | title=[[Lord Chief Justice|Chief Justice of the King's Bench]] | before = [[Geoffrey le Scrope]] | after = [[Henry le Scrope]] | years = 1329–1329}} |
{{succession box | title=[[Lord Chief Justice|Chief Justice of the King's Bench]] | before = [[Geoffrey le Scrope]] | after = [[Henry le Scrope]] | years = 1329–1329}} |
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{{end |
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{{DEFAULTSORT:Malberthorp, Robert de}} |
{{DEFAULTSORT:Malberthorp, Robert de}} |
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[[Category:13th-century births]] |
[[Category:13th-century births]] |
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[[Category:Justices of the King's Bench]] |
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[[Category:Justices of the Common Pleas]] |
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[[Category:1330s deaths]] |
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[[Category:English judges]] |
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Latest revision as of 15:09, 8 March 2023
 | This article includes a list of general references, but it lacks sufficient corresponding inline citations. (September 2015) |
Sir Robert de Malberthorp | |
|---|---|
| 19th Lord Chief Justice of England | |
| In office 1 May 1329 – 28 October 1329 | |
| Monarch | Edward III |
| Prime Minister | Henry, 3rd Earl of Lancaster (as Lord High Steward) |
| Chancellor | Henry Burghersh |
| Preceded by | Geoffrey le Scrope |
| Succeeded by | Henry le Scrope |
| Personal details | |
| Died | c. 1332 |
| Resting place | Saint Mary's Parish Church, Mablethorpe, Lincolnshire |
| Nationality | English |
| Parent | Sir William of Malberthorpe (father) |
| Residence(s) | Mablethorpe, Lincolnshire |
Sir Robert de Malberthorp (d. 1331/1332) was an English lawyer, and Chief Justice of the King's Bench in 1329. He was the son and heir of Sir William of Malberthorpe, lord of the manor of Mablethorpe, Lincolnshire, which was located on the site of the present Mablethorpe Hall.[citation needed]
Biography[edit]
Sir Robert Malberthorp was a serjeant at the Common Bench by 1299. In 1311 he was working for the city of London, and in 1313-14 he was employed as serjeant by Thomas of Lancaster. On 1 August 1320 he was appointed justice of the king's bench. He worked on several legal commissions in this period, many in his native Lincolnshire and surrounding counties. One commission in particular was designed to help the Despensers gain the Lordship of Gower against John Mowbray and his allies.[citation needed]
It was Malberthorp who, in the king's name, passed a judgement of death over the rebellious Thomas of Lancaster, after Lancaster's defeat at the Battle of Boroughbridge. For this Malberthorp would need a pardon after the fall of Edward II. Yet he remained in favour at court under the new regime of Roger Mortimer, and later under the personal government of Edward III. In February 1329 he was involved in sessions against rebels led by Thomas' brother, Henry of Lancaster.[citation needed]
The pinnacle of Malberthorp's career came on 1 May 1329, when he was made Chief Justice of the King's Bench. He held this position, however, only until 28 October, when he was appointed Lord Chief Justice of Common Pleas.[citation needed] He remained in this position until a duel with Robert de Montalt, at Earls Bridge on the outskirts of Mablethorpe. Both men died of their wounds. Mablethorpe was buried at St Mary's Church, Mablethorpe, where there is still an effigy of him in the church. The head of the figure rests on a pillow upheld by angels, and beneath the feet are two dragons engaged in fierce combat. The tail of the one impaled by the spur of the knight, while the foot resting on the back of the other.[citation needed]
Robert de Montalt was buried in the chancel at All Saints Church in Maltby Le Marsh in Lincolnshire. His tomb bears an effigy of a cross-legged knight wearing chain mail and surcoat. At his head are two angels, by a pillow, and at his feet two lions biting each other.[citation needed]
Family feud[edit]
The De Malberthorp's and the De Montalt's were two of Mablethorpe's most noble families. But a family feud, which lasted for 96 years, arose over a quarrel as to who would present the next Rectors at Saint Mary's and Saint Peter's parish churches. Roger de Montalt and Thomas, son of Endo de Malberthorp in the year of 1233, disputed the right of presenting the Rector of St Mary's. A decision was made that Thomas should present the Rector who was Richard de Wyverton.[citation needed]
The feud came to a conclusion when, on 26 December 1329, Robert de Montalt met Robert de Malberthorp on the bridge (two miles west of Mablethorpe), Robert De Montalt had accused Robert De Malberthorp of cowardice in battle and told him to get out of his way, Robert De Malberthorp resented the unjust rumour and refused to move, Robert De Montalt began to have doubts, but he did not dare to withdraw the charge as if he did, his five-week bride would think him afraid.[citation needed]
The duel would settle the matter and whoever survived the duel would gain "satisfaction", by restoring one's honour by demonstrating a willingness to risk one's life for it. The De Montalt's stood on the side of earls bridge towards Maltby le Marsh and the Malberthorp's stood on the side nearest to Mablethorpe. The two Earls duelled in ghastly determination and both men understood of which in open conflict, one of the Earls had to kill the other one and that one of them would not be crossing the bridge alive.[citation needed]
Records state that the men attacked each other "like lions". Evenly matched and experienced in weaponry, they fought for hours, but eventually sword strokes took their toll on each and the two knights fell dead together. Robert De Malberthorp's daughter Elizabeth, who was married Thomas Fitzwilliam II of Sprotbrough in Yorkshire, inherited her father's Manor and lands in Mablethorpe. The Fitzwilliam family were to live at Mablethorpe for a total of 290 years.[citation needed]
Robert's de Montalt's nephew Robert de Morley inherited his uncle's lands. In 1332 a subsidy roll was made and in the same year a tax was levied on freeholders, sokemen and the wealthier villains. Only seven settlements in Lindsey had more than 100 taxpayers. In August 1335 the sea broke through the banks off Mablethorpe causing widespread flooding, over two or more days, and drowning sheep and cows and destroying crops. Robert Morley presented one of his relations, named William, to be chaplain of the chantry chapel of St Lawrence at St Mary's Church and he was assigned the task of praying for the souls of the de Malberthorp family, who has probably founded the chantry in 1316.[citation needed]
In 1335 Edward III of England confirmed an agreement whereby Robert Morley was granted permission to exchange the Montalt manor of Mablethorpe for Queens Isabel's manor at Framesdon in Suffolk. The agreement also stated that she acquired rent and services of land held by Elizabeth de Malberthorp and her husband Thomas Fitzwilliam II. Queen Isabel had brought the Montalt Manor to spend time with the Fitzwilliams as they were related to the Plantagenets through the descendants of Henry II of England's half-brother Hamelin de Gatinais.[1][citation needed]
References[edit]
- S. Bothwell, Oxford Dictionary of National Biography, Oxford University Press, May 2006 accessed 11 Jan 2008
- ^ "Family Tree for Hamelin de Gatinais (half-brother of King Henry II) at RoyaList". Archived from the original on 21 February 2014.
{{cite web}}: CS1 maint: unfit URL (link)