INFORMATION AGAINST WALTER ASLAK[12.1]

[Sidenote: 1424]

Be it remembred that where, on the nyght next biforne the feste of the

Circumcision of owre Lord Jesu, the [second][12.2] yeer of the regne of

Kyng Henry the Sexte, certeyns maffaisours, felons, and brekeres of the

kynges peas vnknowyn, to the noumbre of iiij^xx [_four score_] and more

by estimacion, of malice and imaginacion forne thowght felonowsly, the

dwellyng place of John Grys of Wyghton, in Wyghton, in the shyre of

Norffolk, brokyn, and with carpenteres axes the yates and the dores of

the seyd place hewen, and the seyd John Grys, and hys sone, and a

servaunt man of hese by here bodyes tokyn, and fro the seyd dwellyng

place by the space of a myle to a payre gawles ledden, there hem for to

have hangyd; and by cause hem fayled ropes convenient to here felonowse

purpos, the seyd John Grys, hese sone, and hys man there felonowsely

slowen and mordered in the most orrible wyse that ever was herd spoken

of in that cuntre. Wher up on Walter Aslak, purposyng and imaginyng to

putte William Paston in drede and intollerable fere to be slayn and

mordered in the seyd forme with force and ageyn the kinges peas, on the

shyre day of Norffolk, halden at Norwiche, the xxviij day of August, in

the seyd secunde yeer, beyng there thanne a grete congregacion of poeple

by cause of the seyd shyre, in hese owne persone, and by Richard

Kyllynworth, that tyme hese servaunt, to the seyd William Paston swiche

and so many manaces of deth and dismembryng maden and puttyn by certeyns

Englische billes rymed in partye, and up on the yates of the Priorie of

the Trinite chirche of Norwiche, and on the yates of the chyrche of the

Freres Menures of Norwiche, and the yates of the same Cite called

Nedeham yates and Westewyk yates, and in othre places wyth inne the seyd

Cite by the seyd Walter and Richard sette, makyng mension and berying

this undyrstondyng that the seyd William, and hese clerkes, and

servauntes schuld be slayn and mordered in lyke forme as the seyd John

Grys in the seyd forme was slayne and mordered: conteyning also these

too words in Latyn, _et cetera_, by which wordes communely it was

undyrstandyn that the forgeers and makers of the seyd billes imagyned to

the seyd William, hese clerkes and servauntes, more malice and harm than

in the seyd billes was expressed. Wherfore the seyd William, hese seyd

clerkes and servauntz, by longe tyme aftyr were in gret and intolerable

drede and fere by the sayd maffaisours and felons to be slayn and

mordered. Wherfore the seyd William, hese clerkes and servauntes, ne

durst not at here fredom nothyr goon ne ryde.

Wher up on the seyd William, for hese owyn persone, affermyd a pleynt of

trespas ageyn the seyd Walter and Richard, processe contynued ther up on

til the seyd Walter and Richard were founden gilty of the seyd trespas

by an iniquisicion ther of takyn in dwe and lawefull forme, by whiche

inquisicion the damages of the seyd William for the seyd trespas were

taxed to cxx^li [£120]. Aftyr which pleynte affermyd, and to fore ony

plee up on the seyd pleynt pleded, the seyd Walter and William, by

Thomas Erpyngham, Knyght, a myghty and a gret supportour of the seyd

Walter in alle these matiers and circumstaunces ther of ageyn the seyd

William, were induced to trete in the same matier in the forme that

folwith: That is to seyne, that the seyd William schuld sue forth the

seyd pleynt and the execucion ther of at hese owne will, and the seyd

Walter schuld defende hym self in the seyd pleynt at hese owne will,

except that he schuld no benefice take by noon proteccion, ne wrytte of

_corpus cum causa_, ne of no lordes lettres up on the seyd sute. And

what so ever fortunyd in the seyd pleynt, the proces, execucion, or the

sute ther of, the seyd Walter and William schuld stonde and obeye to the

ordinaunce of certeyns persones by the seyd William and Walter

arbitratores that tyme named, if thei myghten accordyn, and ellys of

anoonpier also that same tyme named, of alle the seyd trespas, pleynt,

and sute, and alle the circumstaunces ther of, so that the seyd

arbitrement and ordinaunce of the seyd arbitratores, or ellys of the

seyd nounpier, were made withinne xl. dayes next folwyng aftyr the

jugement geven in the seyd pleynt.

And aftyrward, the Thursday next biforn Pentecost, the thrydde yeer of

the regne of the seyd kyng, at London, in the presence of the right

excellent, high and myghty prynce, the Duc de Gloucestre,[14.1] and by

hese commaundement, atte sute and instaunce of the seyd Thomas

Erpyngham, it was accordyd bytwen the seyd William and Walter that thei

schuld stande and obeye to the ordinaunce and award of alle the seyed

matiers of twenye of these iiij. persones, William Phelip, Knyght, Henry

Inglose, Knyght, Oliver Groos, and Thomas Derham, chosen on the partye

of the seyd William Paston, and tweyne of those iiij. persones, Symond

Felbrygge, Knyght, Bryan Stapilton, Knyght, Roberd Clyfton, Knyght, and

John of Berneye of Redeham, chosen on the partie of the seyd Water, and

elles the decree and jugement of a nounpier to be chosen by the same

arbitrores. The whiche William Phelip, Bryan Stapilton, Roberd Clyfton,

Oliver Groos, John of Berneye, and Thomas Derham, takyng up on hem the

charge of the makyng of the seyd award and ordinaunce by the assent of

the seyd Thomas Erpyngham, the Fryday next aftyr the feste of the

Assumpcion of Owre Lady, in the seyd thrydde yeer, at Norwiche, tokyn

ensurans of the seyd William and Walter by here fayth and here trowthez

to stande and obeye to here ordinaunce of alle the seyd matiers, and the

same day biforne noon, maden here full ordinaunce and arbitrement of

alle the same matiers in the chyrche of the Greye Freyrys at Norwich;

and aftyrward, up on the same award and ordinaunce mad, hadden a

communicacion ther of with the seyd Thomas Erpyngham; and aftyr the same

communicacion, the same day aftyr noon, the same ordinaunce and award

wretyn was red byforn the seyd arbitrores and the seyd Walter and

William, and examyned, agreed, and assented, and by the seales of the

same vj. arbitrores and the seyd Walter and William, was affermed and

ensealed and left in the handes of the seyd Sir Bryan, saveliche to be

kept in playne remembraunce of the seyd award and ordinaunce; the whiche

award and ordinaunce the seyd William was at all tymes redy to obeye and

performe, on to the seyd feste of Michelmesse, that the seyd Walter to

holde or performe the seyd award pleynly refused.

And where the seyd Walter, by jugement of the Chaunceller of Inglond,

the xvj. day of Jull’ the seyd thrydde yeer, was remytted to the kynges

prison at Norwich by cause of the seyd sute, the seyd Walter yede at

large owt of warde fro the seyd xvj. day of Jull’ to the seyd day of the

makyng of the seyd arbitrement and award, and fro that day in to

Michelmesse thanne next aftyr; the seyd William that meene tyme evermore

supposyng that the seyd Walter wolde have holde and performyd the sayd

ordinaunce, arbitrement, and award. And at the comyng of the right high

and myghty prynce the Duc of Norfolk fro his Castell of Framyngham to

the Cetie of Norwyche, aftyr the seyd day of the makyng of this

arbitrement and ordinaunce, and to fore the feste of Michelmesse than

next folwyng, the seyd Walter by hese sotill and ungoodly enformacion

caused the seyd Duke to be hevy lord to the seyd William. Where the seyd

William the tyme of the seyd enformacion was with Sir John Jermy,

Knyght, and othre of the counseill of the seyd Duk of Norffolk in hys

lordshipes in Norffolk and Suffolk, thanne to hym falle [_fallen_] by

the deth of the right worthy and noble lady hys modyr, occupied abowte

the dwe service of wryttes of _diem clausit extremum_[16.1] aftyr the

deth of the seyd lady. And where as the seyd William Paston, by

assignement and commaundement of the seyd Duk of Norffolk, at hese fyrst

passage over the see in to Normandye, in the kynges tyme Henry the

Fyfte, was the Styward of the seyd Duc of Norffolk, of alle hese

lordshipes in Norffolk and Suffolk fro hys seyd passage un to the seyd

feste of Michelmesse; [And[16.2] over that as sergeaunt of lawe, thow he

be unworthy, withholdyn with the seyd Duc of Norffolk alle the tyme that

he was sergeaunt bifore the same feste of Michelmesse. And all be it

that the fees and the wages of the seyd William for hys seyd service

unpayed draweth a gret some to hys pouere degree, if the seyd Duk of

Norffolk lyked, of hys noble and plentifous grace, to graunte to the

seyd William, in right, ony part of the favour of hese good lordship,

the seyd William wolde evere be hys pouere and trewe bedeman, and evere

in hys herte thenke alle hys seyd service, and alle the service that

ever he dede to the seyd [Duke] of Norfolk, plentefeousely weell

rewarded.[16.3]]

And where the seyd Walter, the tyme of the seyd trespas and of the seyd

bylles makyng ne long to fore, ne never aftyr biforn the seyd comyng of

the seyd Duc of Norffolk to Norwich, ne no tyme hangyng the seyd sute,

ne the tyme of makyng of the said arbitrement and ordinaunce, never was

servaunt to the seyd Duc of Norffolk at fees, ne at wages, ne wythhaldyn

in hese service, ne to hym sued to be supported by hese high Lordship in

this seyd matier, to the knowleche of the seyd William, ne to no commune

knowleche, in the shyres of Norffolk, Suffolk, ne Norwiche; the sute

that the seyd Walter made for supportacion in this seyd matier was be

the meene of the seyd Thomas Erpyngham to the seyd Duk of Gloucestre, by

whose reule and commaundemente the seyd arbitrement and award was mad in

the forme aforn seyd. And not with stondying the seyd trespas and

grevaunce by the seyd Walter doon the seyd William, ne that the seyd

William ne is not satisfied of the seyd cxx^li., ne no peny therof,

and hath absteyned hym of al maner of execucion, sewyng of godes or

catelles, that by force of the seyd processe, or ony othyr, he myght

have had ageyn the seyd Walter or hese borwes [_sureties_], ne that the

seyd William hath suffred the seyd Walter to gon at large by long tyme

whan he myght have had hys body in warde in lawfull forme: The seyd

Walter, be billes in the too last parlementz holden at Westminster and

at Leycestre, and at divers tymes in divers other maneres hath noysed

and skaundered the seyd William ungoodly and othyr wyse than othyr

[_either_] gentilnesse or trowthe wolde; and, overmore, caused the seyd

William orribly to be manassed of hys deth, betyng and dismembryng of

hys persone by certeyns servauntz of the Lordes Fitz Wauter and othre

persones, and by ferefull and overe felle lettres and sondes. Wherfore

the seyd William, nothyr hese frendes, ne hese servauntz in hys

companye, at here fredam sithen the seyd parlement at Leycestre durſt

not, ne yet ne dar not rydyn ne goo abowte swyche occupacion as he arn

used and disposed, to here grete and unportable drede and vexacion in

here spirites, and gret harme and damage and losse of here pouere

goodes.

[Overmore,[17.1] the seyd Walter hath sued, and yet rigorously suethe a

wrytte of _decies tantum_[17.2] ageyns x. persones of the seyd

Inquisicion and ij. of the servauntz of the seyd William and iiij. othre

persones; supposyng by hese seyd sute hem to have taken of the seyd

William in hys seyd syte lxij^li [£62] and more of moneye. The whiche

sute of _decies tantum_ the seyd Walter, betwyx God and hym, knewith

verraly is untrewe. And also the seyd Walter hath sued, and yet persuyth

Adam Aubre, on of the seyd Inquisicion in the court of the said Duc of

Norffolk of hys manoir of Fornsete, by cause and occasion of the seyd

matiers, in whiche sute in the seyd court it is proceded ageyn the seyd

Adam in other maner thanne othyr lawe, conscience, or good fayth

wolde.[18.1]]

Overmore the seyd William, atte commaundement of the seyd Duc of

Norffolk, hath submytted hym to stonde to the ordinaunce of divers

persones of alle the seyd matiers: ones at Leyceetre, the Wednesday next

biforn Palm Soneday, the iiij. yeer of the regne of the syd kyng;

anothyr tyme at Reed clyf in Aprill the same iiij. yeer, aftyr the forme

of certeyns billes endented ther of made. The whiche submission, with

alle the circumstaunces ther of, the seyd William hath be at alle tymes

redy to obeye. The cause why the seyd Walter, by the seyd Englishe

bylles, and in othyr forme, putte and sette the seyd William, and hys

seyd clerkes and servauntz, in drede and fere intollerable to be slayn

and mordered, and to hem trespaced in the forme aforn seyd, was onely

for as moche as the seyd William was with the prior of Norwiche of

counseille in hese trewe defence ageyn the entent of the seyd Walter in

a sute that he made ageyn the seyd priour of a voweson of the chyrche of

Sprouston in the counte of Norffolk, wher to the seyd Walter hath nothyr

title suffisaunt ne right in no maner wyse by ony matier by hym declared

byforn thys tyme.

This scrowe is mad only for the informacion of the worthy and

worshipfull lordes the arbitrores; savyng evere to the maker the

benefice reasonably to adde and amenuse, his ignoraunce in swiche

occupation and defaute of leyser also tendrely considered.

[Footnote 12.1: [From Paston MSS., B.M.] This paper refers to

proceedings as late as the fourth year of Henry VI., and

therefore cannot be earlier than 1426; but as it mainly relates

to outrages committed in the second year of Henry VI., _i.e._

1424, we have arranged it under that year.]

[Footnote 12.2: This word is omitted in the MS.]

[Footnote 14.1: Humphrey, Duke of Gloucester, Protector of

England.]

[Footnote 16.1: These were writs issued on the death of a tenant

_in capite_ of the Crown, and directed to the escheators in the

different counties in which his lands lay, directing them to

inquire by jury what lands he held, and of what value, and who

was his nearest heir, and what was the heir’s age.]

[Footnote 16.2: Over this word is written ‘va,’ the first

syllable of _vacat_, showing that the passage is cancelled.]

[Footnote 16.3: Here is written ‘cat.’ --_See_ Note 2.]

[Footnote 17.1: Here is written ‘va.’ --_See_ p. 16, Note 2.]

[Footnote 17.2: A writ against a juror who had been bribed, by

which the prosecutor could recover from him ten times the amount

of the bribe, dividing the proceeds with the King.]

[Footnote 18.1: Here is written ‘cat.’ --_See_ p. 16, Note 2, and

p. 17, Note 1.]

[[anoonpier also that same tyme named

_error for “a noonpier” with space?_]]

[[othyr wyse than othyr [_either_] gentilnesse or trowthe wolde

_bracketed gloss printed in roman (non-italic) type_]]

[[the seyd parlement at Leycestre durſt not

_anomalous long s in original_]]

[[ones at Leyceetre _text unchanged: error for “Leycestre”?_]]

7

The Paston Letters, A.D. 1422-1509. Volume 2 (of 6) New Complete Library Edition · 第 15 / 426 题