MEMORANDA FOR PROSECUTIONS[213.1]

_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

The Paston Letters, A.D. 1422-1509. Volume 2 (of 6) New Complete Library Edition · 第 281 / 426 题