[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