John Osbern to John Paston

LETTER LXXVI.

         To my Ryght reverent and
         Worchepful Master John Paston
         be this delyverid.

PLESE it yo^r Masterchep to wete that I haue spoke wy^t the
     Shereff at hese placez mevyng to hym as for that that was
left wy^t hese under Shereff it is yo^r wyl he shuld send a man of
hese for it for thow it were more ye wold gladly he shuld take it
he thanked yow and sayde hese under shereff was at london And
hymselff had non deserved and if he had he wold a take it And
whan I departyd from hym I desyerid hym a yen to send ther-
ffore and than he seyde it shuld abyde tyl ye come hom wherby
I Conceyve he wold haue it and be gladde to take it Moreover I
remembred hym of hese p’myses made before to yow at London
                            . . . .
when he took hese oth and charche and that ye were wy^t hym
when he toke hese oth and oder dyuers tymes And for tho
p^rmyses made be hym to yow at that tyme and other tymes at
the oyer determyner at lynne ye p’posed yow be the trust
that ye haue in hym for to atempte and Rere Accions that shuld
be to the Avayle of hym And of hese office he wold a know
what the accions shuld be J sayde I coude not telle hym And
than he Seyde he wold do for yow that he may excepte for the
aquitell of the Lord Molyns men in so meche as the Kyng hath
wrete to hym for to shewe favo^r to the lord Molyns and hese men
And as he Seyth the indytement longyth to the Kyng and not
to yow And the lord Molyns a gret Lord also as he Seyth now
late the lord Mol’ hath sent hym a letter and my lord of Norff’
anoder for to shew favo^r in these indytements he darnot abyde
the joporte of that that he shuld offende the Kynges comaund-
ment he know not how the Kyng may be informed of hym and
what shal be seyde to hym And than I sayde as for any joporte
that he shuld abyde in any thyng that he doth for yow or be yo^r.
desyre ye haue offered hym And wol p’formet sufficient sewerte
for to sawe hym harmeles and therfore I supposid ther wold non
resonable man thynk but that he myght do for yow wy^t owte
any joporte And then he seyde he myth non sewerte take that
passid C li. And the lord Mol’ is a gret lord he myght soon cause
hym to lese that and meche mo Than I sayde be that meane in
defawte of a Shereff every man may be put from hese lyvelod
And thann he seyde iff it were for the lyvelode men wold take
hem the nerer for to abyde a Joporte but be hese feyth as he
swore if the Kyng wryte ayan to hym he wol no lenger abyde
the joporte of the Kyngges Wrytyng but he trustyth to godde
to inpanell seche men as Shuln to hise knowleche be indeferent
and non Comon Juro’s As me semyth it wold do goode And ye
wolde gett a comaundment of the Kyng to the Shereff for to
Shew yow Favo^r and to inpanell Iantelmen and not for to fa-
vo^r non seche riotts &c. For he seyde that he Sent yow the
letter y^t the Kyng sent hym and ye seyde A man shuld gete seche
on for a noble It’m I remembred hym of the p’myses that he
hath made to Temp^rley And that if he wold make yow very
trew p’mys ye wold rewarde hym as meche as he wold desire
or any other resonable man for hym and asmoche and mor then
any Adu^rserry ye have wold gef hym than he seyde he toke neu^r
no mony of non of hem alle there was p’ferid hym at Wal-
syngh’m for the lord Molyns XX nobles he had not a peny more-
ou^r I p’ferid hym if he wold make yow p’mys that ye myght
veryly trust upon hym ye wold geff hym in hande as he wold
desire or to leve a sūme if he wold a named it in a mene mannys
hand and seche as he hath trust to And then he seyde if he
myght do for yow or if he do any thyng for yow then he wol
take yowre mony wy^t a good wyl And other p’mys I coude not
have of hym but that he wol do for yow all that he may ex-
cepte for the inditements I conceyve veryly he hath made p’mys
to do hese part that they shul be a quytte but I suppose he hath
made non other p’mys ayens yow for the lyvelode but he lokyth
aftyr a gret brybe but it is not for to trust hym veryly wy^t owte
that he may not chese I suppose he had no wrytyng fro my lord
of Norff as he seyde I was at Framyngh’m for to a spoke wy^t
Tympley Debnam or Berry and they were all ought my lord as
he came from london he was at yepysweche on moneday And
when he wy^towth the Town toward Framyngh’m he had all
hese men ryde forth afore a gret pase for he wold felwe softely
And when hese men were owte of syght he rode wy^t v men to
a squieris place of hese there by And on tewsday rodde my lady
to hym And so I dede nought at Framyngh’m No more at thys
tyme but all myghty Jhu spede yow and have yow in hese kepyng
Wrete at Norwiche the Thursday next aftyr Sent Austyn, &c.

                                                                Be yo^r s^rvūt,

                                                                             John Osbern.

           11 ½ by 13.

           Paper Mark,
              A Bull.
           Pl. XXII. N^o 16.

          Norwich, August.
               Between 1457 and 1460,
               35 and 39 H. VI.

     I have given this long Letter to shew the means used to tamper with Sheriffs and
Undersheriffs that Juries might be returned favourable to the cause of those who had
influenced the Returning Officer; this conversation is a very curious one, and exhibits
care, caution, and finesse on both sides.

     We are happy in living in times, when neither the Crown improperly interferes in
matters of trial by jury, nor are any of our Sheriffs in this age, ever accused of packing
a Jury to oblige particular parties. The stream of Justice runs pure and clear, may it
ever continue so!

     This Letter was most probably written between the years 1457 and 1460, (see Let-
ters XLVIII. and XLIX. Vol. i. p. 190, 192.) as Lord Molyns was a Lancastrian, and
beheaded early in the reign of Edward IV. when, from the Letters here referred to,
it appears there were matters of property in dispute between this nobleman and
J. Paston.

     The Sheriffs for the Counties of Norfolk and Suffolk for the following years, were
for 1577 Richard Bothe, for 1458 Giles de Saintloe, 1459 William de Calthorpe, and
1460 Philip Wentworth; it was with one of these therefore that this conversation
passed.

     The manner in which our nobles travelled in this age, is here pointed out.

     Autograph. Pl. XIX. N^o 21.

LETTER LXXVI.

To my right reverend and worshipful Master, John Paston,
be this delivered.

PLEASE it your mastership to weet, that I have spoken with
     the Sheriff at his place, moving to him, as for that, that
was left with his Undersheriff, it is your will he should send a
man of his for it; for though it were more ye would gladly he
should take it; he thanked you, and said his Undersheriff was
at London, and himself had none deserved, and if he had he
would have taken it. And when I departed from him I desired
him again to send therefore, and then he said it should abide till
ye came home, whereby I conceive he would have it, and be
glad to take it. Moreover I remembered him of his promises
made before to you at London, when he took his oath and
charge, and that ye were with him when he took his oath, and
other divers times; and for the promises made by him to you at
that time, and other times at the Oyer Determiner at Lynn, ye
proposed you by the trust that ye have in him for to attempt
and rear actions that should be to the avail of him and of his
office; he would have known what the actions should be; I said
I could not tell him, and then he said he would do for you that
he may, except for the acquittal of the Lord Molyns’s men, in-
somuch as the King hath written to him for to shew favour to
the Lord Molyns and his men, and as he saith the indictment
longeth (belongeth) to the King and not to you, and the Lord
Molyns (is) a great Lord. Also, as he saith, now late the Lord
Molyns hath sent him a Letter, and my Lord of Norfolk another
for to shew favour in these indictments, he dare not abide the
jeopardy of that, that he should offend the King’s commandment,
he know not how the King may be informed of him, and what
shall be said to him.

     And then I said as for any jeopardy that he should abide in
any thing that he doth for you, or by your desire, ye have offered
him, and will perform it, sufficient surety for to save him harm-
less, and therefore I supposed there would none reasonable man
think but that he might do for you without any jeopardy; and
then he said he might none surety take that passed an hundred
pounds; and the Lord Molyns is a great Lord, he might soon
cause him to lose that and much more; then I said, by that
mean in default of a Sheriff every man may be put from his
livelihood; and then he said, if it were for the livelihood men
would take them the nearer for to abide a jeopardy, but by his
faith, as he swore, if the King wrote again to him he will no
longer abide the jeopardy of the King’s writing, but he trusteth
to God to impannel such men as should to his knowledge be in-
different, and none common Jurors.

     As me seemeth it would do good and ye would get a command-
ment of the King to the Sheriff for to shew you favour, and to
impannel Gentlemen, and not for to favour none such riots, &c.
for he said that he sent you the Letter that the King sent him,
and ye said, a man should get such (an) one for a noble (6s. 8d.)

     Item, I remembered him of the promises that he made to Tim-
perley, and that if he would make you very true promise ye
would reward him as much as he would desire, or any other
reasonable man for him, and as much or more than any adver-
sary ye have would give him; then he said he took never no
money of none of them all; there was prossered him at Walsing-
ham for the Lord Molyns twenty Nobles (6l. 13s. 4d.) he had
not a penny; moreover I proffered him, if he would make you
promise that ye might verily trust upon him, ye would give
him in hand as he would desire, or to leave a sum if he would
have named it in a mean (middle) man’s hand, and such as he
hath trust to; and then he said, if he might do for you, or
(q. for) if he do any thing for you then he will take your money
with a good will; and other promise I coūld not have of him,
but that he would do for you all that he may, except for the
indictments; I conceive verily he hath made promise to do his
part that they shall be acquitted, but I suppose he hath made
none other promise against you for the livelihood, but he looketh
after a great bribe, but it is not for to trust him verily without
that he may not choose.

     I suppose he had no writing from my Lord of Norfolk as he said.

     I was at Framlingham for to have spoken with Tymperley,
Debenham, or Berry, and they were all out; my Lord as he
came from London he was at Ipswich on Monday, and when
he (came) without the town towards Framlingham, he had all
his men ride forth afore a great pace, for he would follow softly,
and when his men were out of sight, he rode with five men to
an Esquier’s place of his thereby, and on Tuesday rode my Lady
to him; and so I did nought at Framlingham. No more at this
time, but Almighty Jesu speed you, and have you in his keeping.
Written at Norwich, the Thursday next after Saint Austin, &c.
(28th August.)

                                                        By your Servant,

                                                                      JOHN OSBERN.

         11 ? by 13.

           Paper Mark,
              A Bull.
           Pl. XXII. N^o 16.

          Norwich, August.
               Between 1457 and 1460,
               35 and 39 H. VI.

     I have given this long Letter to shew the means used to tamper with Sheriffs and
Undersheriffs that Juries might be returned favourable to the cause of those who had
influenced the Returning Officer; this conversation is a very curious one, and exhibits
care, caution, and finesse on both sides.

     We are happy in living in times, when neither the Crown improperly interferes in
matters of trial by jury, nor are any of our Sheriffs in this age, ever accused of packing
a Jury to oblige particular parties. The stream of Justice runs pure and clear, may it
ever continue so!

     This Letter was most probably written between the years 1457 and 1460, (see Let-
ters XLVIII. and XLIX. Vol. i. p. 190, 192.) as Lord Molyns was a Lancastrian, and
beheaded early in the reign of Edward IV. when, from the Letters here referred to,
it appears there were matters of property in dispute between this nobleman and
J. Paston.

     The Sheriffs for the Counties of Norfolk and Suffolk for the following years, were
for 1577 Richard Bothe, for 1458 Giles de Saintloe, 1459 William de Calthorpe, and
1460 Philip Wentworth; it was with one of these therefore that this conversation
passed.

     The manner in which our nobles travelled in this age, is here pointed out.

     Autograph. Pl. XIX. N^o 21.

193

JOHN OSBERN TO JOHN PASTON¹

To my ryght reverent and worchepful Master, John
Paston, be this delyverid.

PLESE it your masterchep to wete that I have spoke
     wyth the Shereff² at hese placez, mevyng to hym, as
     for that that was left wyth hese Under shereff, it is
your wyl he shuld send a man of hese for it; for thow it
were more ye wold gladly he shuld take it; he thanked yow,
and sayde hese Under shereff was at London, and hymselff
had non deserved, and if he had he wold a take it. And whan
I departyd from hym, I desyerid hym a yen to send therffore,
and than he seyde it shuld abyde tyl ye come hom, wherby I
conceyve he wold have it, and be gladde to take it. More-
over, I remembred hym of hese promyses made before to yow
at London, when he took hese oth and charche, and that ye
were wyth hym when he toke hese oth, and oder dyvers
tymes; and for tho promyses made be hym to yow at that
tyme, and other tymes at the oyer determyner at Lynne, ye
proposed yow be the trust that ye have in hym for to atempte
and rere accions that shuld be to the avayle of hym and of hese
office. He wold a know what the accions shuld be. I sayde
I coude not telle hym, and than he seyde he wold do for yow
that he may, excepte for the aquitell of the Lord Molyns
men, in so meche as the Kyng hath wrete to hym for to
shewe favour to the Lord Moleyns and hese men, and as he
seyth the indytement longyth to the Kyng, and not to yow,
and the Lord Molyns a gret lord. Also, as he seyth, now
late the Lord Molyns hath sent hym a letter, and my Lord of
Norffolk anoder, for to shew favour in these indytements, he
darnot abide the joporte of that, that he shuld offende the
Kinges commaundment. He know not how the Kyng may
be informed of hym, and what shal be seyde to hym.

     And than I sayde as for any joporte that he shuld abyde
in any thing that he doth for yow, or be your desyre, you
have offered hym, and wol performet, sufficient sewerte for to
sawe hym harmeles, and therfore I supposid ther wold non
resonable man thynk but that he myght do for yow wyth
owte any joporte. And then he seyde he myth non sewerte
take that passid Cli.; and the Lord Molyns is a gret lord, he
myght soon cause hym to lese that, and meche mo. Than I
sayde, be that meane, in defawte of a Shereff, every man may
be put from hese lyvelod; and thann he seyde iff it were for
the lyvelode, men wold take hem the nerer for to abyde a
joporte; but be hese feyth, as he swore, if the Kyng wryte
ayan to hym he wol no lenger abyde the joporte of the
Kyngges wrytyng, but he trustyth to Godde to inpanell seche
men as shuln to hise knowleche be indeferent, and non comon
jurors. As me semyth it wold do goode and [if] ye wolde
gett a comaundment of the Kyng to the Shereff for to shew
yow favour, and to inpanell jantelmen, and not for to favour
non seche riotts, &c.; for he seyde that he sent yow the letter
that the Kyng sent hym, and ye seyde a man shuld gete seche
on for a noble.

     Item, I remembred hym of the promyses that he hath made
to Temperley, and that if he wold make yow very trew
promys, ye wold rewarde hym as meche as he wold desire, or
any other resonable man for him, and asmoche and mor then
any adverserry ye have wold gef hym; than he seyde he toke
never no mony of non of hem alle. There was proferid hym
at Walsyngham for the Lord Molyns xx. nobles, he had not a
peny; moreover, I proferid hym, if he wold make yow promys
that ye myght veryly trust upon hym, ye wold geff hym in
hande as he wold desire, or to leve a summe if he wold a
named it in a mene mannys hand, and seche as he hath trust
to. And then he seyde, if he myght do for yow, or if he do
any thyng for yow, then he wol take yowre mony wyth a good
wyl; and other promys I coude not have of hym, but that he
wol do for yow all that he may, excepte for the inditements.
I conceyve veryly he hath made promys to do hese part that
they shul be a quytte, but I suppose he hath made non other
promys ayens yow for the lyvelode; but he lokyth aftyr a
gret brybe, but it is not for to trust hym veryly wyth owte
that he may not chese. I suppose he had no wrytyng fro my
Lord of Norffolk as he seyde.

     I was at Framyngham for to a spoke wyth Tymperley,
Debnam, or Berry, and they were all ought. My Lord, as he
came from London, he was at Yepysweche on Moneday, and
when he wythowth the town toward Framyngham, he had all
hese men ryde forth afore a gret pase, for he wolde felwe
softely; and when hese men were owte of syght, he rode wyth
v. men to a squieris place of hese therby, and on Tewsday,
rodde my Lady to hym; and so I dede nought at Framyng-
ham. No more at thys tyme, but All myghty Jesu spede
yow, and have yow in hese kepyng. Wrete at Norwiche, the
Thursday next aftyr Sent Austyn, &c.

                                 Be your servunt,                     JOHN OSBERN.

     ¹ [From Fenn, iii. 308.] At the date of this letter Lord Molyns had probably
been acquitted, but the action against his men was still pending. The year must
therefore be 1451. The date ‘Thursday next after St. Austin’ is understood by
Fenn to be after the Feast of St. Austin, or Augustine, Bishop of Hippo, which was
celebrated on the 28th of August; but the dates of the preceding letters make it
more probable that the writer means St. Augustine, the apostle of England, whose
day was the 26th of May.

     ² John Jermyn.—See page 183, Note 2.

1451
MAY 27

1451
MAY 27

1451
MAY 27