Margaret Paston to John Paston

Add. 34889, f. 27

20 May 1465

Gairdner, Vol IV, item 583; Fenn, Vol IV, Edward IV item 53

LETTER LIII.

    To my ryght Wyrshypfull
    busbond Iohn Paston by
    thys delyv'y in hast.

PLEASE it you to wyte that on Sato'rday last your ser-
v'nts Naunton Wyks and other wer at Drayton and ther
toke a dystresse fot the rent and ferm that was to pay to the nom-
ber of lxxvij nete and so broght them hom ot Hayllesdon and
put hem in the Pynfold and so kept hem styll ther from the seyd
fato'r day mornyng un to monday at iij at Clok at after non Fyrst
on the same fat'or day the ten'nts folwyd uppon and desyryd to
have ther Catell ayen and I awunsweryd hem yf they wold do
pay such dewts as they oght for to pay to you that then they
shold have ther Catell delyv'yd ayen or els yf they wer not a
power to pay redy money that then they to fynd suffycyant
suerty to pay the money at such a day as they mygh agrye wr
me and therto to be bonden to you by obligacyon and that they
seyd they durst not for to take uppon hem for to be bonden And
as for money they had non for to pay at that tyme and therfor I
kept stylle the bestys. Harleston was at Norwych and send for
the ten'nts the seyd sato'r day at after non and ther by the menys
of the Bayllyf of Coshay put the ten'nts in such feer sayng that
yf they wold pay such dewts or els for to be bonden to pay that
then they wold put hem owte of such londs as they huld bondly
of the lordshyp and so to dystrayn hem and trobell hem that they
shuld be wery of ther part and that put hem such feer that they
drust nother pay nor be bonden and on the same day at evyn-
song time Harleston Com to me to Haylesdon desyryng me that
I wold delyvr a yen the seyd dystresse and as for such dystressys
as they had taken here of your ten'nts shold be delyv'yd a yen
in lyke forme and I seyd I wold nt delyvr hem soo and I told
hem that I wold delyvr hem as ys Wryten a fore and other wyse
not and other wyse I wold not delyvr hem but by the form of
lawe and other Comynycacyon was had by twene us at that
tyme of dyv's maters whych wer to long to wryte at thys tyme
but ye shall have knowlych therof in hast and on Monday next
after at IX at Clok ther com Pynchemor to Haylesdon wt a re-
plevyn whych was made in Harleston ys name as Understewerd
of the Duche sayng that the bests were taken uppon the Duche
fee wherfor he desyryd me to mak hym lev'y of the seyd bests
so taken and seyd I wold not delyvr hem on to the tyme that I
had examenyd the ten'nts of the trough and so I send theder
Wyks wt Pynchemor to understond what they wold say and the
ten'nts seyd that ther was taken non uppon the Duch' at ther
knowlych save only Pyrs Warryn the yonger and Paynter seyd
that ther Catell was taken uppon the Duche whych they connot
p've by non record save only by ther awyn sayng and so we wold
not A bey that replevyn and so they deprtyd and at iij at Clock
at after non Pynchemor com to Haylysdon a yen wt ij men
whych broght wt hem a replevyn from the shyryff whos namys
be Iohn Whytherley and Robert Ranson whych requyryd me by
the same replevyn to make them delyv'y of the seyd bestys taken
at Drayton and so I syyng the Shyryffs Replevyn and under hys
sale bade my men delyvr hem and soo they wer delyv'yd and as
for all other maters that ye have wretyn to of I wyll spede me to send
you a Awnswer as hastely as I may for I may no leysor have to
wryte no more to you thys tyme the blyssyd Trynyte have you
in his kepyng Wryten at Haylesdon the xx day of May.

By yours
M. P.

            Paper Mark.
    Bull's Head and Star.
         Pl. VIII. No 2.

I have given this Letter as containing not only the whole process of a Replevin, but
likewise to shew the disagreeable situation the Tenants of the Lands and Manors were put
into when the Landlords and Lords of Manors disagreed.

Drayton and Hellesdon had been the Manors of Sir John Fastolf, and were now by his
death in the possession of John Paston, as one of his Executors and Trustees; this Letter
therefore must have been written after Sir John's decease. A Replevin is a Writ
(Replegiare de averiis) brought by one whose Cattle are distrained, or put in pound upon
any cause by another, upon surety given to the Sheriff to pursue, or answer the action at law.

Autograph. Pl. II. No 25.

LETTER LIII.

To my right worshipful Husband John Paston, be this
delivered in haste.

PLEASE it you to weet, that on Saturday last your ser-
vants Naunton, Wykes, and others were at Drayton, and
there took a distress for the rent and farm that was to pay, to the
number of seventy-seven neat (beasts), and so brought them home
to Hellesdon, and put them in the Pinfold, and so kept them still
there from the said Saturday Morning unto Monday three at
clock at afternoon. First on the same Saturday the Tenants
followed upon, and desired to have their Cattle again; and I
answered them if they would to pay such dewts (debts or dues),
as they ought for to pay to you, that then they should have their
cattle delivered again; or else if they were not a power (were not
able) to pay ready money, that the they to find sufficient surety
to pay the money at such a day as they might agree with me,
and there to to be bounden to you by obligation; and that they said
they durst not for to take upon them for to be bounden, and as
for money they had none for to pay at that time, and therefore
I kept still the beasts.

Harleston was at Norwich, and sent for the Tenants the said
Saturday at afternoon, and there, by the means of the Bailiff of
Coffey, put the Tenants in such fear, saying that if they would
pay such debts, or else for to be bounden to pay, that then they
would put them out of such lands as they held bondly of the
Lordship, and so to distrain them and trouble them, that they
should be weary of their part; and that put them (in) such fear
that they durst neither pay nor be bounden.

And on the Sunday at even-song time Harleston came to me
to Hellesdon, desiring me that I would deliver again the said
distress; and as for such distresses as they had taken here of
your Tenants (they) should be delivered again in like form; and I
said I would not deliver them so, and told them that I would
deliver them as is written afore and otherwise not, and other-
wise I would not deliver them but by the form of law. And
other communication was had between us at that time of divers
matters, which were too long to write at this time, but ye shall
have knowledge thereof in haste.

And on Monday next after at nine at clock there came Pyn-
chemore to Hellesdon with a Replevin, which was made in Har-
leston's name as Under-steward of the Duchy, saying that the
beasts were taken upon the Duchy Fee, wherefore he desired
me to make him livery of the said beasts so taken; and I said I
would not deliver them unto the time that I had examined the
Tenants of the truth, and so I sent thither Wykes with Pyn-
chemore to understand what they would say; and the Tenants
said that there was taken none upon the Duchy at their know-
ledge, save only Pyrse Waryn the younger, and Paynter said
that their cattle were taken upon the Duchy, which they cannot
prove by none record, save only by their own saying; and so we
would not obey that Replevin, and so they departed; and at
three at clock at afternoon Pynchemore came to Hellesdon again
with two men, which brought with them a Replevin from the
Sheriff, whose names be John Witherley and Robert Ranson,
which required me by the same Replevin to make them delivery
of the said beasts taken at Drayton; and so I, seeing the She-
riff's Replevin under his seal, bad my men deliver them, and so
they were delivered.

And as for all other matters that ye have written to (me) of,
I will speed me to send you an answer as hastily as I may, for I
may no leisure have to write no more to you at this time. The
blessed Trinity have you in his keeping. Written at Hellesdon,
the 20th day of May.

By yours
MARGARET PASTON.

    Hellesdon,
        Monday, 20th of May,
        1465. 5 E. IV.

I have given this Letter as containing not only the whole process of a Replevin, but
likewise to shew the disagreeable situation the Tenants of the Lands and Manors were put
into when the Landlords and Lords of Manors disagreed.

Drayton and Hellesdon had been the Manors of Sir John Fastolf, and were now by his
death in the possession of John Paston, as one of his Executors and Trustees; this Letter
therefore must have been written after Sir John's decease. A Replevin is a Writ
(Replegiare de averiis) brought by one whose Cattle are distrained, or put in pound upon
any cause by another, upon surety given to the Sheriff to pursue, or answer the action at law.

Autograph. Pl. II. No 25.

583

MARGARET PASTON TO JOHN PASTON¹

To my ryght wyrshypfull husbond, John Paston, by thys
delyvery[d] in hast.

PLEASE it you to wyte that on Satourday last your
servaunts Naunton, Wyks, and other, wer at Drayton,
and ther toke a dystresse for the rent and ferm that
was to pay, to the nomber of lxxvij. nete, and so broght them
hom to Hayllesdon, and put them in the Pynfold, and so kept
hem styll ther from the seyd Satour day mornyng un to
Monday,² at iij. at clok at after non. Fyrst on the same Satour
day the tenants folwyd uppon, and desyryd to have ther catell
ayen; and I awunsweryd hem, yf they wold do pay such dewts
as they oght for to pay to you, that then they shold have ther
catell delyveryd ayen; or els yf they wer not a power to pay
redy money, that then they to fynd suffycyant suerty to pay
the money at such a day as they mygh agrye with me, and
therto to be bonden to you by obligacyon; and that they seyd
they durst not for to take uppon hem for to be bonden, and as
for money they had non for to pay at that tyme, and therfor I
kept stylle the bestys.

Harleston was at Norwych, and send for the tenants the
seyd Satour day at after non, and ther, by the menys of the
Bayllyf of Coshay, put the tenants in such feer, sayng that yf
they wold pay such dewts, or els for to be bonden to pay, that
then they wold put hem owte of such londs as they huld bondly
of the Lordshyp, and so to dystrayn hem and trobell hem, that
they shuld be wery of ther part; and that put hem [in] such
feer that they drust nother pay nor be bonden.

And on the same day at evyn-song time Harleston com to
me to Haylesdon, desyryng me that I wold delyver a yen
the seyd dystresse; and as for such dystressys as they had
taken here of your tenants shold be delyveryd a yen in lyke
forme; and I seyd I wold not delyver hem soo, and I told
hem that I wold delyver hem as ys wryten a fore and other
wyse not, and other wyse I wold not delyver hem but by the
form of lawe. And other comynycacyon was had by twene us
at that tyme of dyvers maters whych wer to long to wryte at
thys tyme, but ye shall have knowlych therof in hast.

And on Monday next after at ix. at clok ther com Pynche-
mor to Haylesdon with a replevyn,¹ whych was made in
Harleston ys name as Understewerd of the Duche [Duchy],
sayng that the bests were taken uppon the Duche Fee, wherfor
he desyryd me to mak hym levery of the seyd bests so taken;
and I seyd I wold not delyver hem on to the tyme that I had
examenyd the tenants of the trough [truth]. And so I send
theder Wyks with Pynchemor to understond what they wold
say; and the tenants seyd that ther was taken non uppon the
Duche at ther knowlych, save only Pyrs Warryn the yonger.
And Paynter seyd that ther catell was taken uppon the Duche,
whych they connot prove by non record, save only by ther
awyn sayng; and so we wold not a bey that replevyn, and so
they departyd. And at iij. at clock at after non Pynchemor
come to Haylysdon a yen with ij. men, whych broght with hem
a replevyn from the Shyryff, whos namys be John Whytherley
and Robert Ranson, whych requyryd me by the same replevyn
to make them delyvery of the seyd bestys taken at Drayton;
and so I, syyng the Shyryffs replevyn and under hys seale, bade
my men delyver hem, and soo they wer delyveryd.

And as for all other maters that ye have wretyn to [me] of,
I wyll spede me to send you a awnswer as hastely as I may, for
I may no leysor have to wryte no more to you thys tyme. The
blyssyd Trynyte have you in His kepyng. Wryten at Hayles-
don, the xx. day of May.

By yours, M. P.

¹ [From Fenn, iv. 200.] A comparison of this letter with No. 581 will leave no
doubt that they were both written in the same year.

² This was the day the letter was written.

¹ This is a writ for restitution of cattle that have been distrained or impounded.
It was commonly granted by the sheriff on security being given that the party would
bring the matter to an issue at law.

1465
MAY 20