1381-10-06, Berkhamp

To the sheriff of Norffolk. Order to certify Thomas de Morle knight a mainprise under a pain of 400/. made in chancery on behalf of son of Philip Gerveys by Ralph Lovell knight, William Thomas Alman of Eston clerk and William Robyns of of Norffolk, directing him under pain of losing 400/. upon his hereinafter mentioned to set free Thomas son of Philip prison and suffer him to be at large, and giving him notice to before the justices at Westminster on the morrow of All Souls; as times the king ordered the sheriff to replevy Thomas son of whom the said Thomas de Morle, William de Swathyng and de Mendham have taken and hold captive it is said, unless by special command of the king or the chief justice, for the forest or other matter for which he is not replevisable, else to signify the cause wherefore he would not or might not execute king's command; and the sheriff has signified that Thomas son Philip was taken as aforesaid and brought out of the county to unknown, wherefore the sheriff after receipt of that writ might have view of his body nor execute the writ, by virtue of which the king ordered him to take the said Thomas de Morle, William Oliver and keep them in prison in safe custody until he might Thomas son of Philip, giving notice to the justices at Westin the octaves of Michaelmas how he should execute that and Thomas de Morle, appearing after in chancery, claimed son of Philip as his neif, avowing that his imprisonment was for that cause and because of his rebellion, and nevertheless in chancery under a pain of 400/. promising that, if persons should mainpern in a sum to be limited by the court and paid to Thomas de Morle in case they should make default in their mainprise, that the prisoner should stand to right in the king's court and, if adjudged neif as aforesaid or upon failure to prosecute a process to be begun for his replevin, should render himself to be justiced by Thomas de Morle, then upon being assured of such mainprise on the prisoner s behalf by certificate of the sheriff, he would set the prisoner free until it might be debated in the king's court whether he was of free condition or neif of Thomas de Morle, and the king ordered the sheriff thereupon to stay the execution of his writ for taking the said Thomas de Morle, William and Oliver, setting free any of them if taken ; and now the said Ralph and the others have mainperned that the prisoner when set free shall stand to right and with such speed as he lawfully may shall sue in the king's court by due process until it be determined whether he be neif of Thomas de Morle or no, and if adjudged his neif shall render himself as aforesaid.