_To the ryght wise, noble, and discrete Comons of this present
Parlement._
[Sidenote: 1451]
Mekely besechyn, bewailyn, and shewyn the pouer and simple inhabitaunts
in the toun of Swafham, in the counte of Norfolk, that where Sir Thomas
Tudenham of Oxburgh, knyght, this xvj. yeeris last passid before the day
of the Acte of Resumpcion in the last Parlement before this,[231.2] hath
ocupied and governed the lordship and maner of Swafham forsaid, with the
appertenauncez, as styward and fermer of the same; in which ocupacion
and governaunce the said Sir Thomas, and othre his servauntz and
adherentz in a rolle to this peticion annexed named, han petously and
synnefully don and comitted the trespasez, offencez, wronges,
extorcyons, mayntenauncez,[231.3] imbraceryes,[231.4] oppressions, and
perjuryes in the seid rolle conteyned; and of dyverse and many articles
ther of, and of many othre wrongs, and of that that the said Sir Thomas
is a comon extorcioner, the same Sir Thomas be fore the ryght noble,
true, and pleyn lord, our good and gracious lord the Erle of Oxenford,
and othre the Kyngs commissioners of _oire determyner_ withynne the same
shire, the said Sir Thomas Tudenham, and othre his servauntz and
adherentz arn indited.
Please it your noble wisdamis to conceyve that it hath be the comon law
of the land of long tyme that if a comon theef were, in ony cuntre, so
often indited or detect of so many offencez he shuld not, by the law of
the lande, be late to baile ne meynprise, but be kept in prison til he
were put to answere of swich crymes as he were so detect of. And also
please your greet wisdams to conceyve that all the Juges of the Kynges
Benche, of long and late tyme sittyng in their place, laudablely han
usid to comitte to prison, with oute baile or meynprise, for a tyme, al
persones that han be detecte before theym of any ryot or greet cruel
offence agayn the peas, which offence myght a be subvercyon of the law
by ony liklynesse; and advertisyng the greet mischeves that this noble
roialme hath oftyn standyn in for the greet extorcyons and oppressions
that hath be don in the same,[232.1] and how greet a subvercyon of the
lawe and of the polityk governaunce of the land suych extorcyon is; and
of your prudent and sage wisdams lyke yow to make requisicion to the
Kyng our soverain Lord, and to the Lords espirituallx and temporelx in
this present Parlement assembled, that by the consideracion that the
said Sir Thomas wold never apere, in his persone, ne by his atturney, at
no sesions of _oir determyner_ holden in the said counte; plese the Kyng
and Lords forsaid, to comitte the said Sir Thomas Tudenham to preson,
ther to abide til in to the tyme that he to the said inditements hath
answerid, and to the billes and compleynts of the said inhabitauntz in
fourme of law.
And more over, where that the said Sir Thomas Tudenham hath, among many
othre greet wrongs, ful synnefully causid a writte of assise of novell
dissessyn[232.2] to be brought ageyn John Aleyn and xxiij othre of the
said toune, in the name of the Abbot of Sawtre,[232.3] and causid that
assise to passe by perjury, as in the first article in the rolle to this
peticion annext it is more opinly conteyned, please your greet wisdams,
for the reverens of God by that concideracion, that the jurry of the
said assise durst not, for drede of the horrible menaces of the said Sir
Thomas, othrewise do but be for sworn in gevyng their verdite in the
same assise, in which case the said inhabitauntz, for pyte and remorce
of their concyencez, wer lothe to sew a writ of atteynte,[233.1] to pray
the Kynge and Lords forsaid to ordeyn, by auctorite of this present
Parlement, that the said writ of assisse, verdit, recoverer, and the
jugement ther of, with every othre circumstaunce therof, be voide,
revokd, and adnulled, for the love of God.
* * *
[233.2]Item, compleyneth John Bladsmyth of Swafham of that that where
John, late Pryour of Penteney,[233.3] predecessor of the prior that now
is, and the covent of the same place, the Munday next aftir the fest of
Seynt Mathew the Evangelist, the xiij. yeer of the kyng, our soverain
lord that now is, at Swafham forsaid, lete to ferme to the forsaid John
Bladsmyth certeyn londs, rents, tenements, and pasture,[233.4]----
[Footnote 231.1: [From Paston MSS., B.M.] This is a rough draft
of a Petition which seems to have been intended for presentation
to Parliament in the beginning of the year 1451. Parliament was
prorogued on the 18th December 1450 till the 20th January
following, but it did not actually meet again for despatch of
business till the 29th April. It would appear from this Petition
that Sir Thomas Tuddenham and his adherents were indicted before
the Earl of Oxford at the sessions of _oyer and terminer_ which
sat on the 2nd March 1451.]
[Footnote 231.2: This must be the Act of Resumption of 28
Henry VI.--See _Rolls of Parliament_, v. 183.]
[Footnote 231.3: _See_ p. 167, Note 3.]
[Footnote 231.4: _See_ p. 167, Note 5.]
[Footnote 232.1: [Original note here in margin.] Answer neyther
to the billes ne inditeing forseid, ne to non of theym.]
[Footnote 232.2: _See_ p. 47, Note 4.]
[Footnote 232.3: A Cistercian monastery in Huntingdonshire.]
[Footnote 233.1: A writ to inquire whether a jury gave a false
verdict.]
[Footnote 233.2: This is written on the back.]
[Footnote 233.3: John de Tyrington. He was succeeded in 1449 by
Richard Pentney.]
[Footnote 233.4: The sentence breaks off thus abruptly in the
MS.]
186