1389-02-20, Richard Westminster

Martyn, son of Robert Martyn knight in Dorset, to Robert of Middlesex, William Mauger and William Stoket of Wiltesir. for 3401., to be levied etc. in Dorset. that in November 12 Richard II W. bishop of greatly marvelled when report was brought to him by his in the exchequer and others of a writ tested at Westminster 20 8 Richard II, sealed with the great seal, and to him addressed strictly commanding him to keep safe in his own hands jewels of great value pledged to him for a sum of money by Alice wife of William de Wyndesore knight after a judgment against in parliament in 1 Richard I, by no means delivering them out of his custody until further special order, which writ was sent to the exchequer among the estreats of chancery, inasmuch as the bishop had no knowledge thereof, neither did any such jewels come to his hands; and he came before the council, averring that he knew not of it until then, neither was it delivered to him, nor were any jewels pledged to him by the said Alice after the said judgment or before ; that after in the same month at the New Temple London in the hall of the master thereof John bishop of Hereford the treasurer with his own hand delivered the said writ, sealed up with white wax with the great seal of England, with the seal unbroken to Thomas archbishop of York the chancellor, and the chancellor took it, and in presence of the bishop of Winchester, of Walter bishop of Durham, of the treasurer, and of John bishop of Salisbury keeper of the privy seal, Richard Lescrope banneret, Walter de Clopton the chief justice, Robert Cherlton chief justice of the Common Bench, Thomas Pynchebek chief baron of the exchequer and other the barons thereof, William Thirnyng justice of the Common Bench and others of the council, broke the seal, opened and read it, and they were assured that this was the writ enrolled and sent among the estreats as aforesaid ; and further that in the said month of November the chancellor, treasurer, keeper of the privy seal and others of the council at Westminster in a chamber next the exchequer in presence of the justices of either Bench and the barons of the exchequer examined the said Alice on the king's behalf touching the matter in the writ contained, who said upon oath that no jewels were by her pledged to the said bishop after the said judgment or before, and none came to his hands ; that Robert de Faryngton clerk of the chancery, whose name was upon the writ, being asked by the council whether he had knowledge of the cause for suing the writ, said that he had none, nor was the cause ever reported to him ; that thereupon the bishop of Winchester by petition (french text follows) sued with the king that order might be given to the chancellor to view the enrolment of the writ, dated 20 January 8 Richard II and sent to the exchequer among the originalia of that year, seeing that the matter therein contained was untrue, in order that the bishop, his heirs or executors should not be damaged or impeached in time to come; that the petition was laid before the king and of his particular knowledge granted, being endorsed accordingly (French text of endorsement), the petition and a copy of the writ therein mentioned remaining on the chancery file; and that thereupon the bishop sued with the chancellor, craving remedy, and on the morrow of the Purification 12 Richard II, having summoned before him in the chancery at Westminster the justices of either Bench, the king's serjeants for pleas and other men learned in the law, the chancellor declared the matter, and it was before them examined with deliberation, and it seemed to the court that the said writ issued in error without foundation or lawful cause, and no process for the king might lawfully or ought to be made thereupon, and that order should be taken for a remedy, wherefore by assent and advice of the council, the justices, the said serjeants and others there present proclamation was made in chancery for any who would come and give the king information, and shew cause to the council and the court wherefore the bishop ought not to be discharged of answering or accounting for the said jewels, and no man came; in consideration whereof it was determined that the writ be given up in chancery and cancelled, with . 647 thereof, and the bishop, his heirs and executors, be discharged, and have such writs addressed to the treasurer the barons of the exchequer as be needful for cancelling the upon the exchequer rolls, and writs of swpersedeas omnino in