Volume Ii Part 35 (2/2)
Wheryn I beseche your grace to know your entente by the brynger her of.
And my service is redy to your Lords[hip] ... . . mercy who kepe who kepe[166.1] nebbey (?) for hese grace.
[Footnote 165.1: [From Paston MSS., B.M.] This would seem by internal evidence to be the letter of excuse written by Oxford to the Duke of Norfolk, which the Earl mentions in his letter to John Paston of the 21st August. The original from which it is taken is a copy without signature or address, and mutilated in the margin.]
[Footnote 166.1: So in MS.]
135
JOHN PASTON AND LORD MOLEYNS[166.2]
_Un to the right reverent fadir in G.o.d and my right gracioux Lord, the Cardinal Archebisshop of York, Prymat and Chaunceller of Inglond._
[Sidenote: 1450(?)]
Besecheth mekely John Paston that where Robert Hungerford, Knyght, Lord Molens, and Alianore, his wyff, late with force and strength, and grete mult.i.tude of riottous peple, to the noumbre of a thousand persones and mo, gadered by th'excitacion and procuryng of John Heydon[166.3] a yenst the Kynggs pees, in riotous maner entred up on your seid besecher and othir enfeoffed to his use in the manoir of Gresham with th'appurtenaunces in the s.h.i.+re of Norffolk; whiche riotous peple brake, dispoiled, and drew doun the place of your seid besecher in the seid toun, and drafe out his wiff and servauntes there beyng, and ryfled, took, and bare awey alle the goodes and catalx that your seid besecher and his servauntes hadde there to the value of cc_li._ [200] and more; and the seid manoir, after the seid riottous entre, kept with strong hande in manere of werre, as weel ayenst your seid besecher and his feffees, as ayenst oon of the Kyngges justicez of the pees in the seid s.h.i.+re, that come thedir to execute the statutes ordeigned and provyded ayenst suche forcible entrees and kepyng of possessions with force, as it appiereth by recorde of the seid justice certifyed in to the Chauncerie; and yet the seid Lord Molens the same manoir kepith with force and strengthe ayenst the fourme of the seid statutes: Please it your reverent Faderhood and gracioux Lords.h.i.+p, these premisses considered, to graunte on to your seid besecher for his feffees by hym to be named a special a.s.sise[167.1] ayenst the seid Lord Molens, Alianore, and John Heidon, and othir to be named by your seid besecher, and also an oyer and determyner[167.2] ayenst the seid Lord Molens, John Heidon, and othir of the seid riotous peple in like fourme to be named, to enquere, here and determyn all tres.p.a.ces, extorcions, riottes, forcible entrees, mayntenaunces,[167.3] champerties,[167.4]
embraceries,[167.5] offenses, and mesprisions[167.6] by hem or ony of hem doen, als weel atte sute of our sovereign Lord the Kyng, as of your seid besecher and his seid feffees, and every of hem, or of ony othir of the Kyngges lieges: atte reverence of G.o.d, and in weye of charite.
[Footnote 166.2: [Add. Charter 17,239, B.M.] This is a bill addressed to Cardinal Kemp as Lord Chancellor, to which reference will be found to be made in the succeeding letter.
Kemp was appointed Lord Chancellor on the 31st January 1450. The acts here complained of were therefore those connected with Paston's second expulsion from Gresham.]
[Footnote 166.3: John Heydon, Esq. of Baconsthorpe, a lawyer, who was recorder of Norwich from 1431 to 1433, and sheriff in 1431-2.]
[Footnote 167.1: _See_ p. 161, Note 2.]
[Footnote 167.2: _See_ p. 161, Note 3.]
[Footnote 167.3: Unlawful support given to a disputant by one not concerned in the cause.]
[Footnote 167.4: Bargains made with litigants for a share in what may be gained by the suit.]
[Footnote 167.5: Attempts to corrupt juries.]
[Footnote 167.6: Treason or felony committed by oversight or wilful neglect of a duty.]
136
JOHN PASTON TO JAMES GRESHAM[168.1]
_The copie of the letter of J. P._
[Sidenote: 1450 / SEPT. 4]
James Gresham, I prey yow laboure forth to have answer of my bille for myn especial a.s.sise, and the oyer and termyner,[168.2] accordyng to my seid bille that I delyvered to my Lord Chaunceler,[168.3] letyng hym wete that his Lords.h.i.+p conceyved the graunt of suyche a special matier myght cause a rumour in the c.u.n.tre. Owt of dowte the c.u.n.tre is not so disposed, for it is desired ageyn suche persones as the c[untre] wolde were ponyss.h.i.+d; and if they be not ponyss.h.i.+d to refourme that they have do amysse, by liklynesse the c.u.n.tre wole rise up on th[em]. Men talke that a general oier and termyner is graunted to the Duke of Norfolk, my Lord of Ely, the Erll of Oxenford, the Lord Scales, Sir John Fastolf, Sir Thomas Fulthorp, and William Yelverton, and men be right glad therof. Yet that notwithstondyng, laboure ye forth for me. F[or] in a general oyer and termyner a _supersedeas_ may da.s.sh al, and so shall not in a special. And also if the justicez come at my request, they shall sytte als long as I wole, and so shall thei not by the generall. And as for commyssioners in myn, &c., Sir John Fastolf must be pleyntyf als weel as I my self, and so he may not be commyssioner; and as for alle the remenant, I can thynke them indifferent inow in the matier, except my Lord Scales, whos wyff is aunte to the Lady Moleyns.
And as for that the Lord Moleyns hath wretyn that he dar put the matier in awarde of my Lord Chaunceler, and in what juge he wole take to hym, &c. (which offre as I suppose shall be tolde to yow for to make yow to cesse your labour), thanne lete that be answerid, and my Lord Chaunceller enfourmed thus: The matier was in trete by th'a.s.sent of the Lord Moleyns a twene his counseil and myn, whiche a.s.sembled at London xvj. dyvers dayes, and for the more part there was a sergeant and vj.
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