Of his personal character we are entitled to form a favourable [32] estimate, not only from the honourable name conferred on him as a judge, but also from the evidences already alluded to of the general confidence felt in his integrity. True it is that among these papers we have a complaint against him for accepting fees and pensions when he was justice, from various persons in the counties of Norfolk and Suffolk;[32.1] but this only proves, what we might have expected, that he had enemies and cavillers as well as friends. Of the justice of the charges in themselves we have no means of forming an independent judgment; but in days when all England, and not least so the county of Norfolk, was full of party spirit and contention, it was not likely that a man in the position of William Paston should escape imputations of partiality and one-sidedness. Before his elevation to the bench, he had already suffered for doing his duty to more than one client. Having defended the Prior of Norwich in an action brought against him by a certain Walter Aslak, touching the advowson of the church of Sprouston, the latter appears to have pursued him with unrelenting hatred. The county of Norfolk was at the time ringing with the news of an outrage committed by a band of unknown rioters at Wighton. On the last day of the year 1423, one John Grys of Wighton had been entertaining company, and was heated with ‘wassail,’ when he was suddenly attacked in his own house. Outrage by William Aslak. He and his son and a servant were carried a mile from home and led to a pair of gallows, where it was intended to hang them; but as ropes were not at once to be had, they were murdered in another fashion, and their bodies horribly mutilated before death.[32.2] For nearly three years the murderers went unpunished, while the country stood aghast at the crime. But while it was still recent, at a county court holden at Norwich, Aslak caused a number of bills, partly in rhyme, to be posted on the gates of Norwich priory, and of the Grey Friars, and some of the city gates, distinctly threatening William Paston with the fate of John [33] Grys, and insinuating that even worse things were in store for him.
Against open threats like these William Paston of course appealed to the law; but law in those days was but a feeble protector. Aslak had the powerful support of Sir Thomas Erpingham, by which he was enabled not only to evade the execution of sentence passed against him, but even to continue his persecution. He found means to deprive Paston of the favour of the Duke of Norfolk, got bills introduced in Parliament to his prejudice, and made it unsafe for him to stir abroad. The whole country appears to have been disorganised by faction; quarrels at that very time were rife in the king’s council-chamber itself, between Humphrey, Duke of Gloucester, the Protector, and Bishop Beaufort; nor was anything so firmly established by authority but that hopes might be entertained of setting it aside by favour.
William Paston had two other enemies at this time. ‘I pray the Holy Trinity,’ he writes in one place, ‘deliver me of my three adversaries, this cursed Bishop for Bromholm, Aslak for Sprouston, and Julian Herberd for Thornham.’ The bishop whom he mentions with so much vehemence, claimed to be a kinsman of his own, and named himself John Paston, but William Paston denied the relationship, maintaining that his true name was John Wortes. John Wortes. He appears to have been in the first place a monk of Bromholm, the prior of which monastery having brought an action against him as an apostate from his order, engaged William Paston as his counsel in the prosecution. Wortes, however, escaped abroad, and brought the matter before the spiritual jurisdiction of the court of Rome, bringing actions against both the prior and William Paston, the latter of whom he got condemned in a penalty of £205. On this William Paston was advised by friends at Rome to come at once to an arrangement with him; but he determined to contest the validity of the sentence, the result of which appears to have been that he was excommunicated. His adversary, meanwhile, found interest to get himself appointed and consecrated Bishop of Cork; and though his name does not appear in the ordinary lists of bishops of [34] that see, the Vatican archives show that he was provided to it on the 23rd May 1425.[34.1]
As for Julian Herberd, William Paston’s third enemy, we have hitherto known nothing of her but the name. It appears, however, by some Chancery proceedings[34.2] recently discovered, that Julian Herberd was a widow who considered herself to have been wronged by Paston as regards her mother’s inheritance, of which he had kept her from the full use for no less than forty years. Paston had, indeed, made her some pecuniary offers which she did not think sufficient, and she had attempted to pursue her rights against him at a Parliament at Westminster, when he caused her to be imprisoned in the King’s Bench. There, as she grievously complains, she lay a year, suffering much and ‘nigh dead from cold, hunger, and thirst.’ The case was apparently one of parliamentary privilege, which she had violated by her attempted action, though she adds that he threatened to keep her in prison for life if she would not release to him her right, and give him a full acquittance. She also accuses him of having actually procured one from her by coercion, and of having by false suggestion to the Lord Chancellor caused her committal to the Fleet, where she was kept for a whole year, ‘beaten, fettered, and stocked,’ that no man might know where she was. At another time, also, she says he kept her three years in the pit within Norwich Castle on starvation diet. The accusation culminates in a charge which seems really inconceivable:—
‘Item, the said Paston did bring her out of the Round House into your Palace and brought her afore your Chief Justice, and then the said Paston commanded certain persons to bring her to prison to your Bench, and bade at his peril certain persons to smite the brain out of her head for suing of her right; and there being in grievous prison during half year and more, fettered and chained, suffering cold, hunger, thirst, in point of death, God and ye, gracious King, help her to her right.’
What we are to think of all this, not having Paston’s reply, I cannot say.
Scanty and disconnected as are the notices we possess of William Paston, we must not pass by without comment his letter to the vicar of the abbot of Clugny, in behalf of Bromholm Priory.[35.1] It was not, indeed, the only occasion[35.2] on which we find that he exerted himself in behalf of this ancient monastery, within a mile of which, he tells us, he was born. Bromholm Priory. Bromholm Priory was, in fact, about that distance from Paston Hall, as miles were reckoned then (though it is nearer two of our statute miles), and must have been regarded with special interest by the family. It was there that John Paston, the son of the judge, was sumptuously buried in the reign of Edward IV. It was a monastery of some celebrity. Though not, at least in its latter days, one of the most wealthy religious houses, for it fell among the smaller monasteries at the first parliamentary suppression of Henry VIII., its ruins still attest that it was by no means insignificant. Situated by the sea-shore, with a flat, unbroken country round about, they are conspicuous from a distance both by sea and land. Among the numerous monasteries of Norfolk, none but Walsingham was more visited by strangers, and many of the pilgrims to Walsingham turned aside on their way homeward to visit the Rood of Bromholm. For this was a very special treasure brought from Constantinople two hundred years before, and composed of a portion of the wood of the true Cross. Many were the miracles recorded to have been wrought in the monastery since that precious relic was set up; the blind had received their sight, the lame had walked, and lepers had been cleansed; even the dead had been restored to life. It was impossible that a native of Paston could be uninterested in a place so renowned throughout all England.
Yet about this time the priory must have been less prosperous than it had once been. Its government and constitution were in a transition state. It was one of the twenty-eight monasteries in England which belonged to the Cluniac order, and were originally subject to the visitation of the Abbot of [36] Clugny in France. Subjection to a foreign head did not tend at any time to make them popular in this country, and in the reign of Henry V. that connection was suddenly broken off. An act was passed suppressing at once all the alien priories, or religious houses that acknowledged foreign superiors. The priors of several of the Cluniac monasteries took out new foundation charters, and attached themselves to other orders. Those that continued signed deeds of surrender, and their monasteries were taken into the king’s hands. About nine or ten years later, however, it would seem that a vicar of the Abbot of Clugny was allowed to visit England, and to him William Paston made an appeal to profess in due form a number of virtuous young men who had joined the priory in the interval.
Land purchased by Judge Paston.
From the statement already quoted as to the history of the Paston family, it appears that William Paston purchased a good deal of land in Paston besides what had originally belonged to them. It was evidently his intention to make a family residence, and transmit to his sons a more absolute ownership in the land from which they derived their name. Much of his father’s land in Paston had been copyhold belonging to the manor of Gimingham Hall; but William Paston bought ‘a moiety of the fifth part’ of the adjacent manor of Bacton, with free land extending into Paston. He thus established himself as undoubted lord of the greater part of the soil, and must have felt a pardonable pride in the improved position he thereby bequeathed to his descendants. At Paston he apparently contemplated building a manor house; for he made inquiry about getting stone from Yorkshire conveyed by sea to Mundesley, where there was then a small harbour[36.1] within two miles of Paston village. To carry out the improvements Highways diverted. he proposed to make there and on other parts of his property, he obtained licence from the king a year before his death to divert two public highways, the one at Paston and the other at Oxnead, a little from their course.[36.2] The alterations do not appear to have been of a nature that any one had a right to complain of. Full inquiry was made beforehand by [37] an inquisition ad quod damnum[37.1] whether they would be to the prejudice of neighbours. At Paston the extent of roadway which he obtained leave to enclose was only thirty-two and a half perches in length by one perch in breadth. It ran on the south side of his mansion, and he agreed to make a new highway of the same dimensions on the north side. The vicar of Paston seems to have been the neighbour principally concerned in the course that the new thoroughfare was to take, and all particulars had been arranged with him a few months before William Paston died.