Edward II's nephew Gilbert de Clare, earl of Gloucester and Hertford, was killed during the king's disastrous defeat at the battle of Bannockburn on 23 June 1314, aged twenty-three. Gilbert was the eldest grandchild of Edward I, scion of the ancient noble house of Clare, and the greatest nobleman in the country behind Edward II's first cousin Thomas, earl of Lancaster.
Gilbert had married Maud de Burgh, one of the many daughters of the earl of Ulster, on 30 September 1308 when he was seventeen, but their marriage was childless. Edward II stated on 13 July 1314 that his nephew had died without heirs of his body. [Fine Rolls 1307-19, p. 202] However, soon the idea arose that the widowed Countess Maud was in fact pregnant by her late husband; the king had apparently not heard of this on 13 July. The majority of the jurors in the many English counties and elsewhere who issued Gilbert's Inquisition Post Mortem between August and October 1314 correctly stated that his heirs were his three younger sisters Eleanor, Margaret and Elizabeth, but five counties had heard that Gilbert's widow Maud was or might be pregnant, so added the disclaimer that the three de Clare sisters were only the late earl's heirs if Maud was not expecting a child or stated "heir not known, because it is said that the countess is pregnant." This child, whether male or female, would inherit the entirety of Gilbert's vast landholdings in three countries (England, Wales and Ireland) and his two earldoms. I don't know how the story of Maud's pregnancy arose; whether she genuinely was or at least thought she was expecting, whether the jurors of Suffolk, Hampshire, Worcestershire, Wiltshire and Gloucestershire had misunderstood or heard a rumour, but Edward II must have been absolutely delighted. As the heir of a tenant-in-chief, Gilbert's child would become a ward of the king, and Gilbert's vast income would pour into the king's coffers until he or she came of age (twenty-one if male, fourteen or fifteen if female). This would be a massive windfall for Edward, and although he surely mourned the death of the nephew who was only seven years his junior, the prospect of receiving Gilbert's seven thousand pounds a year (minus Maud's dower) for many years must have sweetened the loss. [For Gilbert's IPM and all the following, Calendar of Inquisitions Post Mortem 1307-27, pp. 325-54]
By 20 May 1315, it had become clear to Gilbert's brother-in-law Hugh Despenser the Younger (Eleanor's husband since May 1306) that Countess Maud could not be pregnant by her husband eleven months after his death, and so he temporarily seized Tonbridge Castle which had belonged to the earl, presumably as a way of drawing the attention of Edward II and his council to the issue. A few weeks later, Hugh sent a petition to the royal council "asserting that the time had long passed and Maud late the wife of the said earl had not borne a child." Unfortunately, not only did Edward II continue to claim that Maud's pregnancy was "well-known in the parts where she lives" well into 1316, the partition of the earl of Gloucester's lands was further delayed by an error made by some of the jurors of the earl's Inq. Post Mortem. All of them had correctly named Eleanor and Margaret as the eldest two sisters, but five counties - Suffolk, Hertfordshire, Berkshire, Oxfordshire and Devon - incorrectly named the youngest sister Elizabeth as 'Isabel'. Further inquisitions therefore had to be held in these counties and also in London and Hampshire between 2 and 8 August 1315, when the jurors admitted their error and pointed out that "there is no Isabel sister of the said Eleanor and Margaret by the same father and mother; Elizabeth is their sister and co-heir." As is usually the case in IPMs, the given ages of the three sisters varied wildly, and a few counties stated that Elizabeth was as young as sixteen in September 1314; she in fact turned nineteen that month. The Suffolk jurors not only claimed that Elizabeth was called Isabel, they named her as the widow of Thomas de Burgh, when in fact her late husband, son and heir of the earl of Ulster and thus the brother of the supposedly pregnant Countess Maud, was called John.
What probably caused the confusion, and was almost certain to cause legal difficulties in the future if it was not corrected, was that Gilbert, Eleanor, Margaret and Elizabeth de Clare had a much older half-sister named Isabel de Clare, born in 1262. She and her sister Joan, born c. 1264, were the daughters of Gilbert 'the Red' de Clare, earl of Gloucester and Hertford, from his first marriage to Alice de Lusignan. These two women were thirty years older than their half-siblings, the children of Gilbert the Red and his second wife Joan of Acre, and were not the joint heirs of the younger Gilbert when he died in 1314; only Gilbert's three full sisters were entitled to a share of his enormous inheritance. This confusion between Elizabeth de Clare and her half-sister Isabel, thirty-three years her senior, was probably one of the factors which led to Maurice Berkeley marrying Isabel de Clare in c. 1316. Maurice was born in 1271 and succeeded his elderly father as Lord Berkeley in 1321. His wife Eve la Zouche died in 1314, and he was almost certainly hoping to try to force himself into a share of the de Clare inheritance by marrying Gilbert the Red's eldest daughter, just in case it turned out that she was one of the late earl of Gloucester's heirs after all. Isabel de Clare was fifty-four in 1316, and had never been married before. Ultimately, she and her sister Joan, dowager countess of Fife, inherited nothing. As for the three full de Clare sisters and their husbands, they had to wait until November 1317 for the lands of their late brother to be partitioned and given to them, and Hugh Despenser the Younger was emphatically Not Amused by the long delay.
Gilbert had married Maud de Burgh, one of the many daughters of the earl of Ulster, on 30 September 1308 when he was seventeen, but their marriage was childless. Edward II stated on 13 July 1314 that his nephew had died without heirs of his body. [Fine Rolls 1307-19, p. 202] However, soon the idea arose that the widowed Countess Maud was in fact pregnant by her late husband; the king had apparently not heard of this on 13 July. The majority of the jurors in the many English counties and elsewhere who issued Gilbert's Inquisition Post Mortem between August and October 1314 correctly stated that his heirs were his three younger sisters Eleanor, Margaret and Elizabeth, but five counties had heard that Gilbert's widow Maud was or might be pregnant, so added the disclaimer that the three de Clare sisters were only the late earl's heirs if Maud was not expecting a child or stated "heir not known, because it is said that the countess is pregnant." This child, whether male or female, would inherit the entirety of Gilbert's vast landholdings in three countries (England, Wales and Ireland) and his two earldoms. I don't know how the story of Maud's pregnancy arose; whether she genuinely was or at least thought she was expecting, whether the jurors of Suffolk, Hampshire, Worcestershire, Wiltshire and Gloucestershire had misunderstood or heard a rumour, but Edward II must have been absolutely delighted. As the heir of a tenant-in-chief, Gilbert's child would become a ward of the king, and Gilbert's vast income would pour into the king's coffers until he or she came of age (twenty-one if male, fourteen or fifteen if female). This would be a massive windfall for Edward, and although he surely mourned the death of the nephew who was only seven years his junior, the prospect of receiving Gilbert's seven thousand pounds a year (minus Maud's dower) for many years must have sweetened the loss. [For Gilbert's IPM and all the following, Calendar of Inquisitions Post Mortem 1307-27, pp. 325-54]
By 20 May 1315, it had become clear to Gilbert's brother-in-law Hugh Despenser the Younger (Eleanor's husband since May 1306) that Countess Maud could not be pregnant by her husband eleven months after his death, and so he temporarily seized Tonbridge Castle which had belonged to the earl, presumably as a way of drawing the attention of Edward II and his council to the issue. A few weeks later, Hugh sent a petition to the royal council "asserting that the time had long passed and Maud late the wife of the said earl had not borne a child." Unfortunately, not only did Edward II continue to claim that Maud's pregnancy was "well-known in the parts where she lives" well into 1316, the partition of the earl of Gloucester's lands was further delayed by an error made by some of the jurors of the earl's Inq. Post Mortem. All of them had correctly named Eleanor and Margaret as the eldest two sisters, but five counties - Suffolk, Hertfordshire, Berkshire, Oxfordshire and Devon - incorrectly named the youngest sister Elizabeth as 'Isabel'. Further inquisitions therefore had to be held in these counties and also in London and Hampshire between 2 and 8 August 1315, when the jurors admitted their error and pointed out that "there is no Isabel sister of the said Eleanor and Margaret by the same father and mother; Elizabeth is their sister and co-heir." As is usually the case in IPMs, the given ages of the three sisters varied wildly, and a few counties stated that Elizabeth was as young as sixteen in September 1314; she in fact turned nineteen that month. The Suffolk jurors not only claimed that Elizabeth was called Isabel, they named her as the widow of Thomas de Burgh, when in fact her late husband, son and heir of the earl of Ulster and thus the brother of the supposedly pregnant Countess Maud, was called John.
What probably caused the confusion, and was almost certain to cause legal difficulties in the future if it was not corrected, was that Gilbert, Eleanor, Margaret and Elizabeth de Clare had a much older half-sister named Isabel de Clare, born in 1262. She and her sister Joan, born c. 1264, were the daughters of Gilbert 'the Red' de Clare, earl of Gloucester and Hertford, from his first marriage to Alice de Lusignan. These two women were thirty years older than their half-siblings, the children of Gilbert the Red and his second wife Joan of Acre, and were not the joint heirs of the younger Gilbert when he died in 1314; only Gilbert's three full sisters were entitled to a share of his enormous inheritance. This confusion between Elizabeth de Clare and her half-sister Isabel, thirty-three years her senior, was probably one of the factors which led to Maurice Berkeley marrying Isabel de Clare in c. 1316. Maurice was born in 1271 and succeeded his elderly father as Lord Berkeley in 1321. His wife Eve la Zouche died in 1314, and he was almost certainly hoping to try to force himself into a share of the de Clare inheritance by marrying Gilbert the Red's eldest daughter, just in case it turned out that she was one of the late earl of Gloucester's heirs after all. Isabel de Clare was fifty-four in 1316, and had never been married before. Ultimately, she and her sister Joan, dowager countess of Fife, inherited nothing. As for the three full de Clare sisters and their husbands, they had to wait until November 1317 for the lands of their late brother to be partitioned and given to them, and Hugh Despenser the Younger was emphatically Not Amused by the long delay.