Robert de Malberthorp
Encyclopedia
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
.
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.
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
.
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
for Nottinghamshire
and Derbyshire
. On 18 January 1331, he was appointed justice of common pleas
, and remained in that position until Michaelmas term
.
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.
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
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
Mablethorpe
Mablethorpe is a small seaside town in East Lindsey on the coast of Lincolnshire, England.-Geography:Several small caravan parks exist around Mablethorpe. The town is administered with Sutton-on-Sea and Trusthorpe, as the civil parish of Mablethorpe and Sutton...
, Lincolnshire
Lincolnshire
Lincolnshire is a county in the east of England. It borders Norfolk to the south east, Cambridgeshire to the south, Rutland to the south west, Leicestershire and Nottinghamshire to the west, South Yorkshire to the north west, and the East Riding of Yorkshire to the north. It also borders...
.
Malberthorp was a serjeant
Serjeant-at-law
The Serjeants-at-Law was an order of barristers at the English bar. The position of Serjeant-at-Law , or Sergeant-Counter, was centuries old; there are writs dating to 1300 which identify them as descended from figures in France prior to the Norman Conquest...
at the common bench by 1299. In 1311 he was working for the city of London
City of London
The City of London is a small area within Greater London, England. It is the historic core of London around which the modern conurbation grew and has held city status since time immemorial. The City’s boundaries have remained almost unchanged since the Middle Ages, and it is now only a tiny part of...
, 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
Hugh le Despenser
Le Despenser is a surname, most commonly associated with Norman-English barons of the 13th- and 14th- centuries and their descendants.* Sir Hugh le Despenser I , High Sheriff of Berkshire* Sir Hugh le Despenser II...
gain the lordship of Gower
Gower (Lordship)
thumb|350px|right|Map of the Lordship, showing the area detached , the area added and the Town and Franchise of Swansea. The language boundary is shown as a dotted line....
against John Mowbray
John de Mowbray, 2nd Baron Mowbray
John de Mowbray, 2nd Baron Mowbray was the son of Roger de Mowbray, 1st Baron Mowbray.De Mowbray served in the Scottish wars of Edward I...
and his allies.
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
Battle of Boroughbridge
The Battle of Boroughbridge was a battle fought on 16 March 1322 between a group of rebellious barons and King Edward II of England, near Boroughbridge, northwest of York. The culmination of a long period of antagonism between the king and Thomas, Earl of Lancaster, his most powerful subject, it...
. For this Malberthorp would need a pardon after the fall of Edward II
Edward II of England
Edward II , called Edward of Caernarfon, was King of England from 1307 until he was deposed by his wife Isabella in January 1327. He was the sixth Plantagenet king, in a line that began with the reign of Henry II...
. Yet he remained in favour at court under the new regime of Roger Mortimer, and later under the personal government of Edward III
Edward III of England
Edward III was King of England from 1327 until his death and is noted for his military success. Restoring royal authority after the disastrous reign of his father, Edward II, Edward III went on to transform the Kingdom of England into one of the most formidable military powers in Europe...
. In February 1329 he was involved in sessions against rebels led by Thomas' brother, Henry of Lancaster
Henry, 3rd Earl of Lancaster
Henry , 3rd Earl of Leicester and Lancaster was an English nobleman, one of the principals behind the deposition of Edward II of England.-Family and lineage:...
.
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
Eyre (legal term)
An Eyre or Iter was the name of a circuit traveled by an itinerant justice in medieval England, or the circuit court he presided over , or the right of the king to visit and inspect the holdings of any vassal...
for Nottinghamshire
Nottinghamshire
Nottinghamshire is a county in the East Midlands of England, bordering South Yorkshire to the north-west, Lincolnshire to the east, Leicestershire to the south, and Derbyshire to the west...
and Derbyshire
Derbyshire
Derbyshire is a county in the East Midlands of England. A substantial portion of the Peak District National Park lies within Derbyshire. The northern part of Derbyshire overlaps with the Pennines, a famous chain of hills and mountains. The county contains within its boundary of approx...
. On 18 January 1331, he was appointed justice of common pleas
Court of Common Pleas (England)
The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common...
, and remained in that position until Michaelmas term
Michaelmas term
Michaelmas term is the first academic term of the academic years of the following British and Irish universities:*University of Cambridge*University of Oxford*University of St...
.
He was dead by 21 January 1332, when the escheat
Escheat
Escheat is a common law doctrine which transfers the property of a person who dies without heirs to the crown or state. It serves to ensure that property is not left in limbo without recognised ownership...
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.