APPENDIX No. 13.

Ancient Form of Procedure for the restitution of Goods unlawfully seized.

Endorsed in French. On the 15th day of June in the 13th year [of King Richard II.], there being present at Westminster the Chancellor, the Treasurer, the bishop of Lo[ndon], the bishop of Sarum, the bishop of Hereford, Mons^r. Richard Lescrop, Mons^r. William Lescrop, this examination was read, and the advice of the above persons and of the Guardian of the Privy seal, that restitution be made of the xiiij. tuns of wine.

The following examination was made on the 29th day of Nov^r., in the 13th year of King Richard II. [A.D. 1389], by Master Edmund Stafford, keeper of the Privy seal, and Edward Dalingrugg, and Richard Stury, knts., for the time being of the king’s council, by the same council especially appointed for this affair, upon that, namely, that from a certain ship of a certain Commendator of Germany, with certain casks of wine and other divers merchandises of the goods of Valascus Vincentius and Gunsalous Johannes, Merchants of Portugal, laden, and taken at sea by Englishmen of Sandwich against the will of the said merchants, and taken into the port of Sandwich, Robert de Assh’ton, while he lived, Constable of Dover Castle, had, as is said, 14 casks of wine, applied to his own uses, for which satisfaction had not yet been made, as is said, although the same Robert while he lived had been frequently applied to for it.

Thomas Elys, forty years of age and upwards, sworn, and examined, and diligently required respecting the said matter, says that about 7 years ago at Sandwich 14 casks of wine were taken from the aforesaid ship on the part of Robert Assh’ton for his own uses, as he then heard of public rumour, going about those parts. And of the other casks of wine taken in the same ship restitution was made, as he says, by command of the Council of the Lord King, as he heard from many persons, and he believes truly, as he says, that satisfaction had not yet been given to the said merchants for the 14 casks of wine under consideration.

John Godard, sworn, &c.: had heard from the relation of many, that such a ship had been taken with wine upon Palm Sunday about 7 years ago, &c. &c.

John Conduyt, sworn, &c.: Peter Conduyt, sworn, &c.: knew that such a ship had been taken by his father with wine, and saw the same ship, &c.

Hugh atte Welle, sworn, &c.: heard of, and saw such a ship at Sandwich, &c.; heard by common report that about the time of the last earthquake restitution had been made, &c.

Robert Sandewych’, sworn, &c.: says that such a ship was taken and carried into Sandewych, and the wine was sold to the knowledge of this witness, who had charge of the cista (chest) which held the money received for this wine, and after that that party came from Portugal with letters of the king of Portugal, by command of the Council of the king of England restitution was made to them of that money for 100 casks of wine, exclusive of that for 14 casks which Robert Assh’ton had for his own uses. And this deponent says that for a sum of money between 100 shillings and 5 marks each of these casks were sold. This deponent also says that he with those merchants stood security for Robert Assh’ton for payment of the 14 casks; and the same Robert, to the knowledge and hearing of this deponent, acknowledged his debt and said that he was willing to pay for the same, but had made frequent delay in the matter; and this deponent never heard of payment having been made in the matter. The deponent also states that he was present at the sale of the casks of wine, as is aforesaid.

And all the aforesaid witnesses, examined singly, said that they estimate each of these casks at the value of six marks, after that the said 14 casks had been taken out and selected by Robert Assh’ton as being the best.[777]