Petition from the Town of Swaffham

185

PETITION FROM THE TOWN OF SWAFFHAM¹

To the ryght wise, noble, and discrete Comons of
this present Parlement.

MEKELY besechyn, bewailyn, and shewyn the pouer and
     simple inhabitaunts in the toun of Swafham, in the
     counte of Norfolk, that where Sir Thomas Tudenham
of Oxburgh, knyght, this xvj. yeeris last passid before the day
of the Acte of Resumpcion in the last Parlement before this,²
hath ocupied and governed the lordship and maner of Swafham
forsaid, with the appertenauncez, as styward and fermer of the
same; in which ocupacion and governaunce the said Sir
Thomas, and othre his servauntz and adherentz in a rolle to
this peticion annexed named, han petously and synnefully don
and comitted the trespasez, offencez, wronges, extorcyons,
mayntenauncez,³ imbraceryes,⁴ oppressions, and perjuryes in
the seid rolle conteyned; and of dyverse and many articles
ther of, and of many othre wrongs, and of that that the said
Sir Thomas is a comon extorcioner, the same Sir Thomas be
fore the ryght noble, true, and pleyn lord, our good and
gracious lord the Erle of Oxenford, and othre the Kyngs
commissioners of oire determyner withynne the same shire, the
said Sir Thomas Tudenham, and othre his servauntz and
adherentz arn indited.

     Please it your noble wisdamis to conceyve that it hath be
the comon law of the land of long tyme that if a comon theef
were, in ony cuntre, so often indited or detect of so many
offencez he shuld not, by the law of the lande, be late to baile
ne meynprise, but be kept in prison til he were put to answere
of swich crymes as he were so detect of. And also please your
greet wisdams to conceyve that all the Juges of the Kynges
Benche, of long and late tyme sittyng in their place, laudablely
han usid to comitte to prison, with oute baile or meynprise, for
a tyme, al persones that han be detecte before theym of any ryot
or greet cruel offence agayn the peas, which offence myght a
be subvercyon of the law by ony liklynesse; and advertisyng
the greet mischeves that this noble roialme hath oftyn standyn
in for the greet extorcyons and oppressions that hath be don in
the same,¹ and how greet a subvercyon of the lawe and of the
polityk governaunce of the land suych extorcyon is; and of
your prudent and sage wisdams lyke yow to make requisicion
to the Kyng our soverain Lord, and to the Lords espirituallx
and temporelx in this present Parlement assembled, that by the
consideracion that the said Sir Thomas wold never apere, in his
persone, ne by his atturney, at no sesions of oir determyner
holden in the said counte; plese the Kyng and Lords forsaid,
to comitte the said Sir Thomas Tudenham to preson, ther to
abide til in to the tyme that he to the said inditements hath
answerid, and to the billes and compleynts of the said inhabi-
tauntz in fourme of law.

     And more over, where that the said Sir Thomas Tudenham
hath, among many othre greet wrongs, ful synnefully causid a
writte of assise of novell dissessyn² to be brought ageyn John
Aleyn and xxiij othre of the said toune, in the name of the
Abbot of Sawtre,³ and causid that assise to passe by perjury,
as in the first article in the rolle to this peticion annext it is
more opinly conteyned, please your greet wisdams, for the
reverens of God by that concideracion, that the jurry of the
said assise durst not, for drede of the horrible menaces of the
said Sir Thomas, othrewise do but be for sworn in gevyng
their verdite in the same assise, in which case the said inhabi-
tauntz, for pyte and remorce of their concyencez, wer lothe to
sew a writ of atteynte,¹ to pray the Kynge and Lords forsaid
to ordeyn, by auctorite of this present Parlement, that the said
writ of assisse, verdit, recoverer, and the jugement ther of,
with every othre circumstaunce therof, be voide, revokd, and
adnulled, for the love of God.

     ² Item, compleyneth John Bladsmyth of Swafham of that
that where John, late Pryour of Penteney,³ predecessor of the
prior that now is, and the covent of the same place, the Mun-
day next aftir the fest of Seynt Mathew the Evangelist, the
xiij. yeer of the kyng, our soverain lord that now is, at Swaf-
ham forsaid, lete to ferme to the forsaid John Bladsmyth
certeyn londs, rents, tenements, and pasture,⁴——

     ¹ [From Paston MSS., B.M.] This is a rough draft of a Petition which seems to
have been intended for presentation to Parliament in the beginning of the year 1451.
Parliament was prorogued on the 18th December 1450 till the 20th January following,
but it did not actually meet again for despatch of business till the 29th April. It
would appear from this Petition that Sir Thomas Tuddenham and his adherents were
indicted before the Earl of Oxford at the sessions of oyer and terminer which sat on
the 2nd March 1451.

     ² This must be the Act of Resumption of 28 Henry VI.—See Rolls of Parliament,
V. 183.                  ³ See p. 167, Note 3.                 ⁴ See p. 167, Note 5.

     ¹ [Original note here in margin.] Answer neyther to the billes ne inditeing
forseid, ne to non of theym.

     ² See p. 47, Note 4.              ³ A Cistercian monastery in Huntingdonshire.

     ¹ A writ to inquire whether a jury gave a false verdict.

     ² This is written on the back.

     ³ John de Tyrington. He was succeeded in 1449 by Richard Pentney.

     ⁴ The sentence breaks off thus abruptly in the MS.

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