_Præsentationes factæ et fiendæ in audiendo et determinando._[213.2]
[Sidenote: 1451]
For as meche as the _oyer and termyner_ is thus restreynyd, not
vythstandyng the wrytyngs and all the materis utterid be my Lord of
Oxenford, but if ther folow sumwhat lyke to the perell lyke to be
conceyved be maters that so wern utterid and be the seyd wrytyngs, ellis
shall it gretly sowndyn ageyns the worchep and the weel of all the
personys, lordis, and other that eyther have wreten or utterid owght,
and lyke wyse of hem in whos name seche materis hath ben utterid, soo
that hereaftyr, whan they have ryght gret nede to be herd, and to be wel
spedde, they shul the rather fayle thereof bothen, and here enemyes the
heyer up and the more bold, &c. And therfore herein men must hold fote
as manhod woll wyth wysdom; and ellis _novissimus error pejor priori_.
Item, in the cyte of Norwyche must the falshodys and the fals getyngs of
good ther don ben fowndyn, and thow summ maters ben not presentable, or
peraventure in seche forme not corigyble ther, yet so that the mater in
the self be orible and fowle, and so that summe other be sufficient, yet
it semyth summe men best that all go forthe and be taken, and namely
[_especially_] in this werd [_world_] that now is, &c.
Item, in lyke wyse must it be in the shier, ther me thynkyt it is reson
that my Lordys sett bothe the day and the place of the Sessions, and all
men kepe that wern the robberis at Gresham and to Plumstede, the
shippyng of wolle ageyn the statute, that is felonye, and the lycence
than, if ony be, ther shull come to lyght and disputed, and I suppose
veryly be other statutes and be lawe fownde voyde, and the leveryes that
Heydon hatht yoven to hem that arn not hese menyall men.
Item, the presonment of John Porter of Blykelyng.
Item, the presonment of John Langman of Swafham.
Item, the presonment of Robert Patgrys of Burnham.
Item, the extorcions in her [_their_] cortes.
Item, the prisonynge of Dallynge, and of hese obligacion mad to Sir
Thomas Todenham, and howe he was presonyd at Norwyche, at Thetforthe, at
Lynne, and also of many other that ben don soo too.
Item, to remembre T. Denyes of the tale that Fyncheham told whan he cam
hom for Sir T. Todeham, that he be ware therof, &c.
Item, for to indyte Pryntys of a voluntary eschete that where on Symond
Hamond of Patesle wheche was indyted of felonye, and because of hese
goods he lete hym owte of the castell _anno xvjº Regis nunc_.
Item, for to indyte the same Prentys and William Goodwen of Swafham for
the robbynge of Geffrey Sowle.
Item, the same Prentys and Goodwyn robbed Thomas Irynge of Myleham _anno
xxº Regis nunc_.
Item, the same Prentys toke of Wylliam Dallynge at Norwyche v. mark for
smytynge of of hese feteris whan he was there in preson _anno xixº Regis
nunc_.
Item, to indyte the baly of Swaffham, T. Todenham, Heydon, Prentys, of
felonye as excercarys [_accessaries_].
Item, to speke to Feraris for hese mater at Thyrnyng. Item, to indyte a
cowper at Geyton wheche slow a tenaunt of Danyell at Geyton. Hese name
is Thomas Dowce that was slayn; and ther kan no man indyte hym, for Sir
T. Todenham maynteynyth hym, and therfore he were worthy to be indyted
as excercary, _anno xxvº Regis nunc_.
Item, to indyte Heydon, because he rydyth armyd ayens the statute and
the commyssion of the peas.
Item, for takyng awey of John of Berneys haborjoun at Walsyngham.
Item, to inquere what they dede to Alexaunder Reve of Cokely Clay.
Item, what they dedyn to Shragger, and to hese sone, for they stokked
hym and hese sone at Swafham.
Item, what they deden to Gachecroft at Methewold.
Item, to enquere what they deden to a chanon of Ingham; he was arestid,
and set in prison at Swafham, and [they] dede hym make a obligacioun
[_forced him to give a bond_].
Item, how that be her comaundment Emond Wyghtton was arestid at Hempton,
and put in the stokks at Fakenham more than iij. dayis, till he made a
fyn of v. marks, and yet he spent and yave xl_s._ besyde.
Item, for to endyte Knatesale, John of Woode, Robert of Woode, for
Ferers mater.
Item, that William Kelynge of Castlelaker under eschetor, how that he
rydyth armed, and reysith many men ayens the peas; he met wyth the
Byschop at West Dereham with x. men of armys.
Item, of extorcious amerciaments take of the Prior of Westacre at
Narforthe and Swafham, and hese man there set openly and shamefully and
gret oppression in stokks, and a flok of hoggs taken; and be whyche
appressions and extorcions was the Prior of Westacre compellid to yeven
Sir T. Todenham a fee of xl_s._ a yere, and to make Shuldam her styward,
and yeven hym a fee of xl_s._ a yere there. W. Yelverton and all other
aforn hym had but xxvj_s._ viij_d._; but of these and of many mo wers it
is a gret foly to laboren in as for any indytements, but if ye be ryght
seker of the sherefes office; for if he lyst, he may returne men i nowe
of Swafham, and seche as ye wold have for the enquest of the hunderid,
and it is the more to drede of the undyrschereff that they arn asented,
and drawe all aftyr her draught. And that they wold that no sessions
shuld be because of the massage that he sent to my mayster be Nicholas
Dowyldays clerks, and therfore ther must be the begynnynge of all these
maters, as ye wold save your worchepis, and eschewe shame and the
peryll, &c.
* * *
(_At the bottom of the page_)--M^dm of [_blank_] groond and of the
extorcions of Sporlle.
On the back of this document occur the following further memoranda
in two columns:
_Maters sterid to hurt of both parties._
Sir John Fastolf,} Est’.[216.2]
Bisshoppis Wif. }
The Priour of Norwich,}
The Cite. }
The Abbot of Wendlyng,} Est’.
The Cite. }
The Abbot of Leiston,} Est’.
William Jeney. }
Gregory Guybon, }
--[216.3] Perpoynt. }
John Tatleshale, }
Robert Mortymer. }
The Lady Bardolf,}
Sir John Fastolf.}
The Lord Moleyns,}
John Paston. }
_Ambidexter._[216.1]
Dux Norff.} Stockton,
Dux Suff. } Est’.
Ed. Wynter, }
John Mariot.}
Ferrers, } Est’.
Hobbes Wif. }
Prior Walsyngham,} Est’.
Ric. Doget. }
Mondford,} Est’.
Danyell. }
Sir John Curson, } Est’.
Maister John Selet.}
Sir John Curson,} Est’.
Will. Thurton. }
[Footnote 213.1: [From Paston MSS., B.M.] This paper must belong
to the early part of the year 1451, when it was proposed to
indict Tuddenham and Heydon at Norwich.]
[Footnote 213.2: This title is taken from a contemporaneous
endorsement.]
[Footnote 216.1: This term is applied to a juror who receives
money of both parties in a suit.]
[Footnote 216.2: This abbreviated word is probably _Estreat_,
indicating that an extract or official copy of the indictment
had been made.]
[Footnote 216.3: Blank in MS.]
176