Sir Thomas Howys to Sir John Fastolf

LETTER XXVII.

     To my rev^rent and worchepfull
     Mayst_r. S^r John Fastolf knyght
     be this lre delyu’ed.

RIGHT reu^rent and w’chipfull Maist^r I recomaunde me
     louly un to yow please you to wete the Sonday next aft^r
the fest of the ¹ Jnuencon of the cros the ix day of May at
Castre J receyued a lre from you by yo^r Clerk W. Barker
the Tenure wherof I shall do spede in all hast goodly But for
the more sp’ial cause of my wrytyng at this tyme is to gef you
relacon of the un true demenyng of this oure det^rmyn^r by the
parcialte of the Iugez of it For whan the Counsell of the Cite
of Norwich of the toun of Swafh’m youres my Maist^r Inglose
Pastons and many other playntyfs had put in and declared bothe
by writyng and by woord by fore the Jugez the lawfull excep-
cons in many wise. the Iuges by ther wilfulnesse myght nat
fynde in ther hert to gef not als moche as a bek ner a twynclyng
of ther Eye toward but toke it to deriscon god reforme such
p’cialte.

And by cause ² P’sot thought that yf the Sessions of the Oyer
det^rmyuer had be holden at Norwich as they bygonne he sup-
posed it shuld nat so fast passe to th’entent of Tudenh’m and
Heydon and ther felawes as it shuld do ell in other place but
enj’oned to Walsyngh’m wher they haue grettist rule ther to
be holden on Tuesday iiij^te day of May This knowyng my
Maist^r. Yelv^rton Denney and other myght weel conceyue how
the gou^rnaunce of the oyer det^rmyner shuld p’cede for it was the
most p’cial place of alle the Shire and thedre wer cleped alle the
frendez knyghteys and Esquiers and other gentilmen that wolde
in nowise do other wise than they wolde and the seid Tudenh’m
Heydon and other opp’ssours of ther set Come doun theder as I
understand w^t iiij^c hors and more and Consideryng how ther
wellwillers wer ther assembled at ther Jnstaunce it had be right
Jowp^rto’ and ferefull for any of the pleyntyfs to haue be p’sent
for ther was nat one of the pleyntyfs ner Compley’u’ntez ther
but your right feithfull and trusty weel wilier John Paston. And
my Maist^{r 3} Yelu^rton seid full discretly and countrolled the seid

p’sot when he seid sittyng in the Guyhalle of Norwich these
wordys to the Meyre and the Co’alte A S^r Meyre and yo^r
brethern as to the p’cesse of yo’e Compleyntez we wole put them
in Contynuance but in all other we wole p’cede which wordys
Yelu^rton thought right parciall And by side this the seid P’sot
wolde suffre no man that was lerned to speke for the pleyntyfs
but took it as a venom and took them by the nose at eu^ry thred
woord whiche myght weel by knowe for open p’cialte And as
for the lord ⁴ Scalys ye knowe well what he is toward you
and namely for hikelyng mat^r Also to knowe som of your
seynt frendes at the tyme that my lord Norff. sat at Norwich
up on the oyer det^rmyn^r S^r John Hevyngh’m myht not fynde
it in his hert to go iiij furlong from his duellyng place to the
Shireho’ but now he cowd ryde from Norwich to Walsyngh’m
to syt as one of the Co’myssioners as to the rule of other that ye
wolde haue supposed your wellewillers how they haue byhavyd
them at Walsyngh’m I shall sende yow woord in all hast Whan
Bernay Come hom to Castr for he is nat yet Come from Wal-
syngh’m but this I knowe well that they founde none obstacle
ner impedyment in ther Consciens in all your mat^r but how they
haue do with Norwich Swafh’m and Paston J am nat yet
clerly informed I suppose they arn put in respite I here sey
Heydon seweth for an ende to be had w^t the Cite of Norwich
and as to the namys of them that passed on ther acquitaile ayenst
yow Broyn Can weell informe yow I und^rstand that S^r Rob^t
Conyers ⁵ Calthorp ⁶ Mundford wer Capteyns and maister R’c
Doget also It’m as for the ij venir’fac’ ye sent to be ret’ned for
yo^r man’z of Bradwell and Beyton I haue do them to be re-
torned of suche namys as I haue sent Woord byfore Sauyng
sume be take and except out Moreou’ as for the mat^r of S^r John
Sibton Geney and Raulyns gef ful Counsell that it shuld abyde
tyl the mat^r of Bradwell myght p’cede so that bothe maters
myght take up on a day for they sey it wold drawe xx m’rc to
labo^r the Jur’ to london and yet it wer hard to bryng about And
they gef yow Counsell in all wise that ye labo^r to haue Yelu^rton
Iuge at that tyme And in all wise bothe in that mat’z and in all
other that ye be war that P’sot haue not to haue do in any wise
for than all wole be nought Of alle other mat’z I shall send you
woord in all hast goodly for at thys tyme I had no leyser by
cause of the hasty Comyng up of Hug Fen whom I beseche
yow to fele of the demenyng of the oyer det^rmyn^r for be Can
telle yow moche and he wole whether he wole or nay I can nat
sey For I know wele he was at Walsyngh’m And I beseche all
myghty Jhu haue yow in his m^rcyfull gou^rn’nce Wret’ at Castre
the Sonday ix day of May A^o xxix^o R. H. vj^ti.

         11 ½ by 16 ¾.

           Paper Mark,
      Bull’s Head and Star.
           Pl. XXII. N^o 15.

     On the back of the Letter is written,

     I prey yow be nowth displesed thow I have nowt subscribed
my name w^tinne forth for it is of neclygens quoth ⁷ Howys
parson of Castlecomb.

     This very curious Letter gives us a true picture of the proceedings in our Courts of
justice at this time. We find those in the highest departments of the law openly partial;
and that the Suitors in the Court came attended by large parties of Friends in military
array, to drive away their opponents; from this the wisdom of our present regulation is
apparent, when all Soldiers are ordered to quit the town in which Assizes are holden,
during the time of their continuance, lest it should be supposed they might befriend one,
and intimidate the other party in any legal process; this proceeding is now always en-
forced, unless when any daring offender against the laws is to be tried, and there are any
apprehensions of an intended rescue.

     To the honour of our Country it may be truly said, that our Judges for ages past have
been, not only thought, but always found superior to either bribery, corruption, or par-
tiality; and to the immortal honour of our present Sovereign King George III. it ought
to be ever remembered, that he in the beginning of his reign appointed his Judges for
life, who, before, held their high office only during the royal pleasure.

     It does not appear what the business was which caused these complaints against the
proceedings.

     ¹ The third of May.

     ² In 1443 John Privot was made a Serjeant at Law, and in 1449 was appointed Chief
Justice of the Common Pleas, which post he held till 1462, when he was succeeded by
Robert Danby.

     ³ Sir William Yelverton, of Rougham, in Norfolk, became a Serjeant at Law in 1440,
was made a Judge of the King’s Bench in 1444, created a Knight of the Bath in 1460,
and was alive in 1467. He married first Jane, daughter of Oliver le Gros, Esq. of
Sloley, in Norfolk; secondly, Ela, daughter of Sir Robert Brewse, of Wetingham, in
Suffolk, by each of whom he left issue; and by the last was ancestor to the present Earl
of Sussex.

     ⁴ Thomas, Lord Scales, was a Knight of the Garter, he left an only daughter and
heir married to Sir Anthony Widville, who in her right was summoned to parliament as
Baron Scales, in 1461.

     ⁵ He was of a very ancient and flourishing family at this time, in the county of Nor-
folk, but which is now extinct in the male line, by the death of Sir Henry Calthorpe,
Knight of the Bath, who died in his seventy-second year, senior Knight Companion of
that most honourable Order in 1788.

     ⁶ This was an ancient Family, formerly situated at Feltwell, in Norfolk.

     ⁷ Autograph. Pl. XIX. N^o 16.

LETTER XXVII.

To my reverend and worshipful Master Sir John Fastolf, Knight,
be this Letter delivered.

RIGHT reverend and worshipful Master, I recommend me
     lowly unto you, please you to weet the Sunday, next after
the feast of the ¹ Invention of the Cross, the 9th day of May, at Cais-
ter, I received a letter from you by your clerk, W. Barker, the te-
nour whereof I shall do speed in all haste goodly; but for the more
special cause of my writing at this time is to give you relation of
the untrue demeaning this Oyer (and) Determiner, by the par-
tiality of the Judges of it, for when the Counsel of the city of
Norwich, of the town of Swaffham, yours, my master Inglos,
Pastons, and many others Plaintiffs, had put in and declared
both by writing and by word before the Judges the lawful ex-
ceptions in many wise, the Judges by their wilfulness might not
find in their heart to give not as much as a beck nor a twink-
ling of their eye toward, but took it to derision, God reform
such partiality; and because ² Prisot thought that if the Sessions
of the Oyer and Determiner had been holden at Norwich as they
begun, he supposed it should not so fast pass to the intent of
Todenham, and Heydon, and their Fellows, as it should do
else in other place, but enjoined [adjourned] to Walsingham,
where they have greatest rule, there to be holden on Tuesday
4th day of May.

     This knowing, my Master Yelverton ³, Jenney, and others
might well conceive for the governance of the Oyer and Deter-
miner should proceed, for it was the most partial place of all the
shire, and thither were cleped [called] all the friends, knights,
and esquires, and other Gentlemen that would in no wise do
otherwise than they would, and the said Todenham, Heydon,
and other oppressors of their set, came down thither, as I un-
derstand, with 400 horse and more, and considering how their
well willers were there assembled at their instance, it had been
right jeopardous and fearful for any of the Plaintiffs to have been
present, for there was not one of the Plaintiffs nor Complain-
ants there, but your right faithful and trusty well willer John
Paston. And my master ³ Yelverton said full discreetly, and
controulled the said Prisot when he said, sitting in the Guildhall
of Norwich, these words to the Mayor and the Commonalty.

     “A Sir Mayor and your Brethren, as to the process of your
complaints we will put them in continuance, but in all other we
will proceed,” which words Yelverton thought right partial;
and beside this the said Privot would suffer no man that was
learned to speak for the Plaintiffs, but took it as a venom, and
took them by the nose at every third word, which might well be
known for open partiality.

     And as for the Lord ⁴ Scales ye know well what he is towards
you, and namely for Hickling matter. Also to know some of
your feint friends, at the time that my Lord of Norfolk sat at
Norwich upon the Oyer and Determiner, Sir John Hevingham
might not find it in his heart to go four furlongs from his dwell-
ing place to the shire house, but now he could ride from Nor-
wich to Walsingham to fit as one of the Commissioners; as to
the rule of others, that ye would have supposed your well will-
ers, how they have behaved at Walsingham I shall send you
word in all haste when Berney come home to Caister, for he is
not yet come from Walsingham, but this I know well, that they
found none obstacle nor impediment in their conscience in all
your matter, but how they have done with Norwich, Swaffham,
and Paston, I am not yet clearly informed, I suppose they are
put in respite; I hear say Heydon sueth for an end to be had
with the City of Norwich; and as to the names of them that
passed on their acquital against you, Broyn can well inform you,
I understand that Sir Robert Conyers, ⁵ Calthorp, (and) ⁶ Mund-
ford were Captains, and Master Richard Doget also.

     Item, as for the two “Venire Facias,” ye sent to be return-
ed for your Manors of Bradwell and Beyton, I have done them
to be returned of such names as I have sent word before, saving
some be taken and excepted out. Moreover, as for the matter
of Sir John Sybton; Geney and Rawlins give full counsel that it
should abide till the matter of Bradwell might proceed, so that
both matters might take upon a day, for they say it will draw
20 marks (13l. 6s. 8d.) to labour the Jury to London, and yet it
were hard to bring about; and they give you counsel in all wise,
that ye labour to have Yelverton Judge at that time, and in all
wise, both in that matter and in all others, that ye be ware that
Prisot have not to have do in any wise, for then all will be
nought. Of all other matters I shall send you word in all haste
goodly, for at this time I had no leisure because of the hasty
coming up of Hugh Fenn, whom I beseech you to feel of the
demeaning of the Oyer and Determiner, for he can tell you much
and [if] he will, whether he will or nay, I cannot say; for I
know well he was at Walsingham. And I beseech Almighty
Jesu have you in his merciful governance.

     Written at Caister the Sunday 9th day of May, in the 29th
year of King Henry VI.

         Caister, Sunday 9 May,
               1451. 29 H. VI.

     On the back of the Letter is written,

     I pray you be not displeased though I have not subscribed my
name within forth, for it is of negligence saith ⁷ Howys, Par-
son of Castlecomb.

     This very curious Letter gives us a true picture of the proceedings in our Courts of
justice at this time. We find those in the highest departments of the law openly partial;
and that the Suitors in the Court came attended by large parties of Friends in military
array, to drive away their opponents; from this the wisdom of our present regulation is
apparent, when all Soldiers are ordered to quit the town in which Assizes are holden,
during the time of their continuance, lest it should be supposed they might befriend one,
and intimidate the other party in any legal process; this proceeding is now always en-
forced, unless when any daring offender against the laws is to be tried, and there are any
apprehensions of an intended rescue.

     To the honour of our Country it may be truly said, that our Judges for ages past have
been, not only thought, but always found superior to either bribery, corruption, or par-
tiality; and to the immortal honour of our present Sovereign King George III. it ought
to be ever remembered, that he in the beginning of his reign appointed his Judges for
life, who, before, held their high office only during the royal pleasure.

     It does not appear what the business was which caused these complaints against the
proceedings.

     ¹ The third of May.

 ² In 1443 John Privot was made a Serjeant at Law, and in 1449 was appointed Chief
Justice of the Common Pleas, which post he held till 1462, when he was succeeded by
Robert Danby.

     ³ Sir William Yelverton, of Rougham, in Norfolk, became a Serjeant at Law in 1440,
was made a Judge of the King’s Bench in 1444, created a Knight of the Bath in 1460,
and was alive in 1467. He married first Jane, daughter of Oliver le Gros, Esq. of
Sloley, in Norfolk; secondly, Ela, daughter of Sir Robert Brewse, of Wetingham, in
Suffolk, by each of whom he left issue; and by the last was ancestor to the present Earl
of Sussex.

     ⁴ Thomas, Lord Scales, was a Knight of the Garter, he left an only daughter and
heir married to Sir Anthony Widville, who in her right was summoned to parliament as
Baron Scales, in 1461.

     ⁵ He was of a very ancient and flourishing family at this time, in the county of Nor-
folk, but which is now extinct in the male line, by the death of Sir Henry Calthorpe,
Knight of the Bath, who died in his seventy-second year, senior Knight Companion of
that most honourable Order in 1788.

     ⁶ This was an ancient Family, formerly situated at Feltwell, in Norfolk.

  ⁷ Autograph. Pl. XIX. N^o 16.

192

SIR THOMAS HOWYS TO SIR JOHN FASTOLF¹

To my reverent and worchepfull mayster, Sir John Fastolf,
Knyght, be this lettre delyvered.

RIGHT reverent and worchipfull maister, I recomaunde
me louly un to yow. Please you to wete the Sonday
next after the Fest of the Invencion of the Cros,² the
ix. day of May, at Castre, I receyved a lettre from you by
your clerk, W. Barker, the tenure wherof I shall do spede in
all hast goodly. But for the more special cause of my wrytyng
at this tyme is to gef you relacion of the un true demenyng
of this oure determyner, by the parcialte of the Jugez of it;
for whan the Counsell of the cite of Norwich, of the toun
of Swafham, youres, my Maister Inglose,³ Pastons, and many
other playntyfs had put in and declared, bothe by writyng and
by woord by fore the Jugez, the lawfull excepcions in many
wise, the Juges by ther wilfulnesse myght nat fynde in ther
hert to gef, not als moche as a bek nor a twynclyng of ther
eye toward, but toke it to deriscion, God reforme such
parcialte; and by cause Prisot⁴ thought that yf the Sessions
of the oyer determyner had be holden at Norwich as they
bygonne, he supposed it shuld nat so fast passe to th’entent
of Tudenham and Heydon and ther felawes, as it shuld do
ell[es] in other place, but enjorned to Walsyngham, wher
they have grettist rule, ther to be holden on Tuesday, iiij^te day
of May.

     This knowing, my Maister Yelverton,⁵ Genney, and other
myght weel conceyve how the governaunce of the oyer deter-
myner shuld procede, for it was the most parcial place of alle
the shire, and thedre wer cleped alle the frendez, knyghteys,
and esquiers, and gentilmen that wolde in nowise do other
wise than they wolde. And the seid Tudenham, Heydon,
and other oppressours of ther set come doun theder, as I
understand, with iiij^c. [400] hors and more; and consideryng
how ther wellwillers wer ther assembled at ther instaunce, it
had be right jowpertous and ferefull for any of the pleyntyfs
to have be present, for ther was nat one of the pleyntyfs ner
compleynuantez ther, but your right feithfull and trusty weel
willer John Paston. And my Maister Yelverton seid full
discretly, and countrolled the seid Prisot when he seid, sittyng,
in the Guyhalle of Norwich, these wordys to the Meyre and
Commonalte, ‘A, Sir Meyre and your brethren, as to the
processe of youre compleyntez, we wole put them in con-
tynuance, but in all other we wole procede;’ which wordys
Yelverton thought right parciall. And by side this the seid
Prisot wolde suffre no man that was lerned to speke for the
pleyntyfs, but took it as a venom, and took them by the nose
at every thred woord whiche myght weel by knowe for open
parcialte.

     And as for the Lord Scalys, ye knowe well what he is
toward you, and namely for Hikelyng matter. Also to knowe
som of your feynt frendes, at that tyme that my Lord Norffolk
sat at Norwich up on the oyer determyner, Sir John Hevyng-
ham myht nat fynde it in his hert to go iiij. furlong from his
duellyng place to the shirehouse, but now he cowd ryde from
Norwich to Walsyngham to syt as one of the Commyssioners.
As to the rule of other, that ye wolde have supposed your
wellewillers, how they have byhavyd them at Walsyngham, I
shall sende yow woord in all hast whan Bernay¹ come hom to
Castr, for he is nat yet come from Walsyngham. But this I
knowe well, that they founde none obstacle ner impedyment
in ther consciens in all your matter; but how they have do
with Norwich, Swafham, and Paston, I am nat yet clerly
informed; I suppose they arn put in respite. I here sey
Heydon seweth for an ende to be had with the cite of
Norwich, and as to the namys of them that passed on ther
acquitaile ayenst yow, Broyn can weell informe yow. I under-
stand that Sir Robert Conyers, Calthorp, Mundford wer
capteyns, and Maister Ric. Doget also.

     Item, as for the ij. venire facias ye sent to be retorned for
your manorz of Bradwell and Beyton, I have do them to be
retorned of suche namys as I have sent woord before, savyng
sume be take, and except out. Moreover, as for the mater of
Sir John Sibton, Geney and Raulyns gef ful counsell that it
shuld abyde tyl the mater of Bradwell myght procede, so that
bothe maters myght take up on a day, for they sey it wold
drawe xx. marc to labour the Jure to London, and yet it wer
hard to bryng about. And they gef you counsell in all wise
that ye labour to have Yelverton Juge at that tyme, and in all
wise bothe in that materz and in all other, that ye be war that
Prisot have not to have do in any wise, for than all wole be
nought. Of alle other materz I shall send you woord in all
hast goodly, for at thys tyme I had no leyser by cause of the
hasty comyng up of Hug Fen, whom I beseche yow to fele
of the demenyng of the oyer determyner, for he can telle
yow moche and [i.e. if] he wole; whether he wole or nay, I
can nat sey, for I know wele he was at Walsyngham. And
I beseche All myghty Jesu have yow in his mercy full govern-
aunce. Wrete at Castre, the Sonday, ix. day of May anno
xxix^o Regis Henrici vj^ti.

     On the back of the letter is written—

     I prey yow be nowth displesed thow I have nowt sub-
scribed my name withinne forth, for it is of neclygens, quoth
Howys, Parson of Castlecomb.

     ¹ [From Fenn, iii. 116.]

     ² The 3rd of May.

     ³ Sir Harry Inglos.

     ⁴ John Prisot, Chief Justice of the Common Pleas.

     ⁵ William Yelverton, Justice of the King’s Bench, afterwards knighted by
Edward IV.

      ¹ Probably Philip Berney.

1451
MAY 9

1451
MAY 9

1451
MAY 9