Memoranda for Prosecutions
- Medieval Family Life
- Title
- Memoranda for Prosecutions
- Reference
- Add. 27444, f. 1
- Date
- 1451
- Library / Archive
-
- The British Library
- Transcript location(s) in printed volume(s)
- Gairdner, Vol II, item 175
- Transcript from James Gairdner, 'The Paston Letters, A.D., 1422-1509, New Complete Library Edition, Volume II'
-
175
MEMORANDA FOR PROSECUTIONS1
Præsentationes factæ et fiendæ in audiendo et determinando.2
FOR as meche as the oyer and termyner is thus restreynyd,
not vythstandyng the wrytyngs and all the materis
utterid be my Lord of Oxenford, but if ther folow
sumwhat lyke to the perell lyke to be conceyved be maters that
so wern utterid and be the seyd wrytyngs, ellis shall it gretly
sowndyn ageyns the worchep and the weel of all the personys,
lordis, and other that eyther have wreten or utterid owght, and
lyke wyse of hem in whos name seche materis hath ben utterid,
soo that hereaftyr, whan they have ryght gret nede to be herd,
and to be wel spedde, they shul the rather fayle thereof bothen,
and here enemyes the heyer up and the more bold, &c. And
therfore herein men must hold fote as manhod woll wyth
wysdom; and ellis novissimus error pejor priori.Item, in the cyte of Norwyche must the falshodys and the
fals getyngs of good ther don ben fowndyn, and thow summ
maters ben not presentable, or peraventure in seche forme not
corigyble ther, yet so that the mater in the self be orible and
fowle, and so that sum me other be sufficient, yet it semyth
summe men best that all go forthe and be taken, and namely
[especially] in this werd [world] that now is, &c.Item, in lyke wyse must it be in the shier, ther me thynkyt
it is reson that my Lordys sett bothe the day and the place
of the Sessions, and all men kepe that wern the robberis at
Gresham and to Plumstede, the shippyng of wolle ageyn the
statute, that is felonye, and the lycence than, if ony be, ther
shull come to lyght and disputed, and I suppose veryly be
other statutes and be lawe fownde voyde, and the leveryes
that Heydon hatht yoven to hem that arn not hese menyall
men.Item, the presonment of John Porter of Blykelyng.
Item, the presonment of John Langman of Swafham.
Item, the presonment of Robert Patgrys of Burnham.
Item, the extorcions in her [their] cortes.
Item, the prisonynge of Dallynge, and of hese obligacion
mad to Sir Thomas Todenham, and howe he was presonyd at
Norwyche, at Thetforthe, at Lynne, and also of many other
that ben don soo too.Item, to remembre T. Denyes of the tale that Fyncheham
told whan he cam hom for Sir T. Todeham, that he be ware
therof, &c.Item, for to indyte Pryntys of a voluntary eschete that
where on Symond Hamond of Patesle wheche was indyted of
felonye, and because of hese goods he lete hym owte of the
castell anno xvjo Regis nunc.Item, for to indyte the same Prentys and William Goodwen
of Swafham for the robbynge of Geffrey Sowle.Item, the same Prentys and Goodwyn robbed Thomas
Irynge of Myleham anno xxo Regis nunc.Item, the same Prentys toke of Wylliam Dallynge at Nor-
wyche v. mark for smytynge of of hese feteris whan he was
there in preson anno xixo Regis nunc.Item, to indyte the baly of Swaffham, T. Todenham, Hey-
don, Prentys, of felonye as excercarys [accessaries].Item, to speke to Feraris for hese mater at Thyrnyng.
Item, to indyte a cowper at Geyton wheche slow a tenaunt
of Danyell at Geyton. Hese name is Thomas Dowce that
was slayn; and ther kan no man indyte hym, for Sir T.
Todenham maynteynyth hym, and therfore he were worthy to
be indyted as excercary, anno xxvo Regis nunc.Item, to indyte Heydon, because he rydyth armyd ayens
the statute and the commyssion of the peas.Item, for takyng awey of John of Berneys haborjoun at
Walsyngham.Item, to inquere what they dede to Alexaunder Reve of
Cokely Clay.Item, what they dedyn to Shragger, and to hese sone, for
they stokked hym and hese sone at Swafham.Item, what they deden to Gachecroft at Methewold.
Item, to enquere what they deden to a chanon of Ingham;
he was arestid, and set in prison at Swafham, and [they] dede
hym make a obligacioun [forced him to give a bond].Item, how that be her comaundment Emond Wyghtton
was arestid at Hempton, and put in the stokks at Fakenham
more than iij. dayis, till he made a fyn of V. marks, and yet he
spent and yave xls. besyde.Item, for to endyte Knatesale, John of Woode, Robert of
Woode, for Ferers mater.Item, that William Kelynge of Castlelaker under eschetor,
how that he rydyth armed, and reysith many men ayens the
peas; he met wyth the Byschop at West Dereham with X. men
of armys.Item, of extorcious amerciaments take of the Prior of
Westacre at Narforthe and Swafham, and hese man there set
openly and shamefully and gret oppression in stokks, and a
flok of hoggs taken; and be whyche appressions and extorcions
was the Prior of Westacre compellid to yeven Sir T. Todenham
a fee of xls. a yere, and to make Shuldam her styward, and
yeven hym a fee of xls. a yere there. W. Yelverton and all
other aforn hym had but xxvjs. viijd.; but of these and of
many mo wers it is a gret foly to laboren in as for any indyte-
ments, but if ye be ryght seker of the sherefes office; for if he
lyst, he may returne men i nowe of Swafham, and seche as ye
wold have for the enquest of the hunderid, and it is the more
to drede of the undyrschereff that they arn asented, and drawe
all aftyr her draught. And that they wold that no sessions
shuld be because of the massage that he sent to my mayster
be Nicholas Dowyldays clerks, and therfore ther must be the
begynnynge of all these maters, as ye wold save your worchepis,
and eschewe shame and the peryll, &c.(At the bottom of the page)—Mdm of [blank] groond and of
the extorcions of Sporlle.On the back of this document occur the following further memoranda
in two columns:Maters sterid to hurt of both
parties.Ambidexter.1
Sir John Fastolf,
Bisshoppis Wif.Est’.2
Dux Norff.
Dux Suff.Stockton,
Est’.The Priour of Norwich,
The Cite.Ed. Wynter,
John Mariot.The Abbot of Wendlyng,
The Cite.Est’.
Ferrers,
Hobbes Wif.Est’.
The Abbot of Leiston,
William Jeney.Est’.
Prior Walsyngham,
Ric. Doget.Est’.
Gregory Guybon,
—3 Perpoynt.Mondford,
Danyell.Est’.
John Tatleshale,
Robert Mortymer.Sir John Curson,
Maister John Selet.Est’.
The Lady Bardolf,
Sir John Fastolf.Sir John Curson,
Will. Thurton.Est’.
The Lord Moleyns,
John Paston.1 [From Paston MSS., B.M.] This paper must belong to the early part of the
year 1451, when it was proposed to indict Tuddenham and Heydon at Norwich.2 This title is taken from a contemporaneous endorsement.
1 This term is applied to a juror who receives money of both parties in a suit.
2 This abbreviated word is probably Estreat, indicating that an extract or official
copy of the indictment had been made. 3 Blank in MS.1451
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1451