James Gresham to Margaret Paston

                                               LETTER XXXVIII.

     To my Right Wurshepfull
     Mastres my Mastres Margret
     Paston at caster.

PLEASE it yo^rgood mastreship to wete y^t a ^I fieri fac' is
come out of the Exchequir for Hue Fen to the Shireff of
Norff to make levy of CC m'rk of the p'pir goods and catels of
my masters as executor of Sr Iohn Fastolf of whech fieri fac' we
sent my master word whech sent us word ayen by Berney yt we
shuld lete the Shiref undirstand that my master nevir toke upon
hym as executor and so for y^t cause y^t writte was no warant to
take my masters goods And also y^t my master mad a dede of gift
of all his goods and catels to M' Prewet and Clemet Paston and
other so that my master hath no goods whereof he shuld make
levy of the sorseid summe And if the Shireff wold not take this
for non Answere that thanne my master wold he shuld be lettid
in M' Prowetts and Clemet Pastons name nevirthelesse we spak
wt the shireff this day and lete hym undirstand the causes afore-
seid and he agreid so that he myght haue suerte to safe hym
harmeles to mak such retorne as my master or his Counsell coud
devise and because my master wrote by Berney y^t he wold not
fynd the shireff no suerte we wold not apoynt w^t hym in y^t wyse
And so we toke Avyse of Thom's Grene and by cause the undir-
shireff shall be on Monday at Hygh'm by Bastewyk brygg and
he and we thought that it was best that M' Prowet shuld mete
wt the shireff there and require and charge hym that by color of
the forseid fieri fac' that he make no levy of any goods and
catels of the seid Prowetts and Clemet pastons ayens the seid
Iohn Pastons letyng hym vete that such goods as the seid Paston
had be now the seid Prowetts and Clemet Pastons by vertu of a
dede of gift mad to hem almost ij yere agoo And if the Shireff
woll be besy aftir yt to take any catell y^r he be lettid in master
Prowetts name and Clemet Pastons by Daubeney and other
whech besines of the shireff shall be on Tuisday or Wednesday
And as me understand at Heylesdon Wherfor ye must send the-
dir Daubeney w^t Pecok and the may gete hym her more felasap
by the Avise of mast^t S^r Iohn Paston.

                                                                                       James Dresh'm.

              11 1/2 by 8 1/2

                 Paper Mark,

                     A Ring.

               PI. XXII. No 17.

     We have here the whose process of a writ of Fieri Facias, and the subtersuges used by
the defendants to deseat its effect, which they seem to have understood as well formerly,
as in these days of modern resinements, and vexations proceedings.

    ¹ Fieri Facias, is a writ judicial, that lies ( at all times within the year and day, for
him that each recovered in an action of debt or damages ) to the Sheriff, to command him
to levy the debt or damages of his goods against whom the recovery was had.

   ²Autograph. PI. III. No 28.

LETTER XXXVIII.

       To my right worshipful Mistress, my Mistress Margaret Paston,

                                            at Caister.

PLEASE it your good mistressship to weet, that a 1 Fieri
Facias is come out of the Exchequer for Hugh Fenn to
the Sheriff of Norfolk to make levy of two hundred marks
( 133s. 6s. 8d. ) of the proper goods and chattels of my master, as
Executor of Sir John Fastolf, of which Fieri Facias we sent my
master word, which sent us word again by Berney that we should
let the Sheriff understand that my master never took upon him
as executor, and so for that cause writ was no warrant to
take my master's goods ; and also that my master made a deed
of gift of all his goods and chattels to master Prowet and
Clement Paston and others, so that my master hath no goods
whereof he should make levy of the foresaid sum ; and if the
Sheriff would not take this for none answer that then my master
would he should be letted ( bindered ) in master Prower's and
Clement Paston's name ; nevertheless we spake with the Sheriff
this day, and let him understand the causes aforesaid, and he
agreed, so that he might have surety to save him harmless, to
make such return as my master of his counsel could desire, and
because my master wrote by Berney that he would not find the
Sheriff no surety, we would not appoint with him in that wise ;
and so we took advice of Thomas Green, and because the Under
Sheriff shall be on Monday at ( Potter ) Heigham, by Bastwick
bridge end, he and we thought that it was best that master
Prowet should meet with the Sheriff there, and require and
charge him that by colour of the foresaid Fieri Facias that he
make no levy of any goods and chattels of the said master Prow-
et and Clement Paston against the said John Paston, letting
him weet that such goods, as the said Paston had, be now the
said Prowet's and Clement Paston's by virture of a deed of gift
made to them almost two years ago ; and if the Sheriff will be
busy after that to take any chattel that he be letted in master
Prowet's name and Clement Paston's by Daubeney and others ;
which business of the Sheriff shall be on Tuesday or Wednesday,
adn as we understand at Hellesdon, wherefore ye must send.
thither Daubeney with Peacock, and they may get them there
more fellowship by the advice of master Sir John Paston.

                                                                                             ² JAMES GRESHAM.

  Written

            Between 1462.

            2 and 5 E. IV.

     We have here the whose process of a writ of Fieri Facias, and the subtersuges used by
the defendants to deseat its effect, which they seem to have understood as well formerly,
as in these days of modern resinements, and vexations proceedings.

    ¹ Fieri Facias, is a writ judicial, that lies ( at all times within the year and day, for
him that each recovered in an action of debt or damages ) to the Sheriff, to command him
to levy the debt or damages of his goods against whom the recovery was had.

    ²Autograph. PI. III. No 28.

546

JAMES GRESHAM TO MARGARET PASTON³

To my right wurshepfull mastres, my Mastres Margret
Paston, at Caster.

PLEASE it your good mastresship to wete that a fieri
    facias is come out of the Exchequir for Hue Fen to
    the Shireff of Norffolk to make levy of CC. mark of
the propir goods and catels of my masters, as executor of Sir
John Fastolf; of whech fieri facias we sent my master word,
whech sent us word ayen by Berney that we shuld lete the
Shiref undirstand that my master nevir toke upon hym as
executor, and so for that cause that writte was no warant to
take my masters goods; and also that my master mad a dede
of gift of all his goods and catels to Master Prewet and
Clement Paston and other, so that my master hath no goods
whereof he shuld make levy of the forseid summe; and if
the Shireff wold not take this for non answere, that thanne
my master wold he shuld be lettid in Master Prowetts and
Clement Pastons name. Nevirthelesse we spak with the
Shireff this day, and lete hym undirstand the causes aforeseid,
and he agreid, so that he myght have suerte to safe hym
harmeles, to mak such retorne as my master or his counsell
coud devise. And because my master wrote by Berney that
he wold not fynd the Shireff no suerte, we wold not apoynt
with hym in that wyse; and so we toke avyse of Thomas
Grene, and by cause the Undir-Shireff shall be on Monday at
Hygham, by Bastewyk brygg, and he and we thought that it
was best that Master Prowet shuld mete with the Shireff there,
and require and charge hym that by colour of the foreseid fieri
facias that he make no levy of any goods and catels of the
seid Prowetts and Clement Pastons ayens the seid John Pastons,
letyng hym vete that such goods as the seid Paston had, be
now the seid Prowetts and Clement Pastons by vertu of a
dede of gift mad to hem almost ij. yere agoo; and if the
Shireff woll be besy aftir that to take any catell, that he be
lettid in Master Prowetts name and Clement Pastons by
Daubeney and other; whech besines of the Shireff shall be on
Tuisday or Wednesday, and as we understand at Heylesdon.
Wherfor ye must send thedir Daubeney with Pecok, and the
may gete hym here more felasep by the avise of Master Sir
John Paston.                                                 JAMES GRESHAM.

     ³ [From Fenn, iv. 130.] John Paston’s eldest son appears to have been knighted
in the course of the year 1463. The earliest notice which I find of him as knight is
in a writ dated 11th July, 3 Edward IV., entered on the Coram Rege Roll of Trinity
term, 3 Edward IV. This letter is not unlikely to have been written about that time,
as it appears by a subsequent letter (No. 550) that Sir John Paston remained for some
time at home in Norfolk, when the friends of the family thought he ought to be abroad
in the world.

1463

1463