A.D. 1472.

Property was at all times a matter of more importance than love to that selfish generation; it was plainly, avowedly regarded by every one as the principal point in marrying. The Dukes of Clarence and Gloucester. In the royal family at this very time, the design of Richard, Duke of Gloucester, to marry the widow of Edward, Prince of Wales, awoke the jealousy of his brother Clarence. For the lady was a younger sister of Clarence’s own wife, and co-heir to her father, Warwick the Kingmaker; and since the death of that great earl at Barnet, Clarence seems to have pounced on the whole of his immense domains without the slightest regard even to the rights of his widow, who, indeed, was now in disgrace, and was living in sanctuary at Beaulieu. The idea of being compelled to share the property with his brother was a thing that had never occurred to him, and he could not endure the thought. He endeavoured to prevent the proposed marriage by concealing the lady in London.[271.1] Disputes arose between the two brothers in consequence, and though they went to Sheen together to pardon, it was truly suspected to be ‘not all in charity.’ The king endeavoured to act as mediator, and entreated Clarence to show a fair amount of consideration to his brother; but his efforts met with very little success. ‘As it is said,’ writes Sir John Paston, ‘he answereth that he may well have my lady his sister-in-law, but they shall part no livelode,’—the elder sister was to have all the inheritance, and the younger sister nothing! No wonder the writer adds, ‘So what will fall can I not say.’[271.2] What did fall, however, we know partly from the Paston Letters and partly from other sources. The Duke of Gloucester married the lady in spite of his brother’s threats. The dispute about the property raged violently more than two years, and almost defied the king’s efforts to keep his two brothers in subjection. In November 1473 we find it ‘said for certain that the Duke of Clarence maketh him big in that he can, showing as he would but deal with the Duke of Gloucester; but the king intendeth, in eschewing all inconvenients, [272] to be as big as they both, and to be a styffeler atween them. And some men think that under this there should be some other thing intended, and some treason conspired.’ Sir John Paston again did not know what to make of it, and was driven to reiterate his former remark, ‘So what shall fall can I not say.’[272.1] He only hoped the two brothers would yet be brought into agreement by the king’s award.[272.2]

This hope was ultimately realised. Clarence at last consented with an ill will to let his sister-in-law have a share in her father’s lands; and an arrangement was made by a special Act of Parliament for the division of the property.[272.3] To satisfy the rapacity of the royal brothers, the claims of the Countess of Warwick were deliberately set aside, and the Act expressly treated her as if she had been a dead woman. So the matter was finally settled in May 1474. Yet possibly the Countess’s claims had some influence in hastening this settlement; for about a twelvemonth before she had been removed from her sanctuary at Beaulieu[272.4] and conveyed northwards by Sir James Tyrell. This, it appears, was not done avowedly by the king’s command; nevertheless rumour said that it was by his assent, and also that it was contrary to the will of Clarence.[272.5]

Even so in the Paston family love affairs give place at this time to questions about property, in which their interests were very seriously at stake. Not only was there the great question between Sir John and the Duke of Norfolk about Caister, but there was also a minor question about the manor of Saxthorpe, the particulars of which are not very clear. On the 12th July 1471, Sir John Paston made a release of Saxthorpe and Titchwell and some other portions of the Fastolf estates, to David Husband and William Gyfford;[272.6] but this was probably only in the nature of a trust, for it appears that he did not intend to give up his interest in the property. A.D. 1472, Jan. In January following, however, William Gurney entered into Saxthorpe and [273] endeavoured to hold a court there for the lord of the manor. John Paston interrupts the Manor Court at Saxthorpe. But John Paston hearing of what was doing, went thither accompanied by one man only to protect his brother’s interest, and charged the tenants, in the presence of Gurney himself and a number of his friends, to proceed no further. The protest was effective so far as to produce a momentary pause. But when it was seen that he had only one man with him, the proceedings were resumed; on which John Paston sat down by the steward and blotted his book with his finger as he wrote, and then called the tenants to witness that he had effectually interrupted the court in his brother’s right.[273.1] Gurney, however, did not give up the game, but warned another court to be kept on Holy Rood day (May 3rd, the Invention of the Holy Cross), when he would have collected the half-year’s rents from the tenants. The court was held, but before it was half over John Paston appeared again and persuaded him to stay proceedings once more, and to forbear gathering money until he and Sir John Paston should confer together in London. It seems to have required some tact and courtesy to get him to consent to this arrangement; for Henry Heydon, the son of the old ally of Sir Thomas Tuddenham, had raised a number of men-at-arms to give Gurney any assistance that might have been necessary, but the gentle demeanour of John Paston left him no pretext for calling in such aid.[273.2]

The real claimant of the manor against Sir John Paston was Waynflete, Bishop of Winchester, of whom, almost immediately after this, Henry Heydon bought both Saxthorpe and Titchwell. Sir John Paston, apparently, had been caught napping as usual, and knew nothing of the transaction. His mother wrote to him in dismay on the 5th June. Young Heydon had already taken possession. ‘We beat the bushes,’ said Margaret Paston, ‘and have the loss and the disworship, and other men have the birds. My lord hath false counsel and simple that adviseth him thereto. And, as it is told me, Guton is like to go the same way in haste. And as for Hellesdon and Drayton, I trow it is there it shall be. What shall fall of the remnant God knoweth,—I trow as evil or worse.’[273.3]

John Paston in like manner writes on the same day that Heydon was sure of Saxthorpe, and Lady Boleyn of Guton.[274.1] Sir John Paston was letting the family property slip out of his fingers, while on the other hand he was running into debt, and in his straitened circumstances he was considering what he could sell. His mother had threatened if he parted with any of his lands to disinherit him of double the amount;[274.2] so he was looking out for a purchaser of his wood at Sporle, which he was proposing to cut down.[274.3] But by far the most serious matter of all was Caister; ‘if we lose that,’ said Margaret Paston, ‘we lose the fairest flower of our garland.’ To her, too, it would be peculiarly annoying, for she expected to have little comfort in her own family mansion at Mautby, if the Duke of Norfolk had possession of Caister only three miles off.[274.4] Sir John Paston seeks to get Caister restored to him. On this subject, however, Sir John Paston does not appear to have been remiss. It was the first thing that occupied his thoughts after he had secured his pardon. In the beginning of the year he had been with Archbishop Nevill, who, though he had been in disgrace and committed to the Tower just after the battle of Barnet, seems at this time again to have had some influence in the world, at his residence called the Moor. By the archbishop’s means apparently he had received his pardon, and had spent a merrier Christmas in consequence; and he wrote to his mother that if he could have got any assurance of having Caister restored to him, he would have come away at once.[274.5] But it was not long before the archbishop again got into trouble. He was once more conducted to the Tower, and two days afterwards at midnight he was put on board a ship and conveyed out to sea.[274.6] Nothing more therefore was to be hoped for from the archbishop’s friendship; but Sir John Paston did not cease to use what means lay in his power. His brother made incessant applications on his behalf to the Duchess of Norfolk, and to the duke’s council at Framlingham. To be reinstated Sir John was willing to [275] make the duke a present of £40, an offer which the council acknowledged was ‘more than reasonable.’ If the matter were their own, they gave John Paston to understand, they could easily come to an understanding with him, but my lord was intractable. The duchess herself declined to interfere in the matter until my lord and the council were agreed, and the latter said that when they had mooted it to the duke ‘he gave them such an answer that none of them all would tell it.’ They suggested, however, that the duke might be swayed by more influential opinions, and that if Sir John could get my Lord Chamberlain Hastings, or some other nobleman of mark, to speak to the duke in his favour, there was great probability that he would attain his object.[275.1]

The Duchess of Norfolk.

A favourable opportunity, however, presented itself shortly afterwards for urging a petition for justice on the duke himself. After ten years or more of married life the Duchess of Norfolk was at length with child. Duke and duchess received everywhere congratulations from their friends and dependants. Among the rest Sir John Paston offered his to my lady herself, in a vein of banter that seems slightly to have offended her, though not perhaps so much by its grossness, which was excessive, as by the undue familiarity exhibited in such a tone of address.[275.2] The Duke of Norfolk was going to be with his wife on the occasion of her lying-in, and John Paston, as an old servant of the family, went to give his attendance at Framlingham. It was resolved that the utmost should be made of the opportunity. John Paston drew up a petition in behalf of his brother to present to the duke, while Sir John Paston himself, then in London, obtained letters from the king to both the duke and duchess, and also to their council. The king seems to have been particularly interested in the case, and assured Sir John that if his letters were ineffectual justice should be done in the matter without delay. The letters were despatched by a special messenger, ‘a man of worship’ in high favour with the king himself. With such powerful influence engaged on his behalf, most probably Sir John did not care to ask for letters from Lord Hastings, which his brother was [276] even then expecting. But he suggested, if my lady’s lying-in should be at Norwich instead of Framlingham, that his mother might obtain admittance to her chamber, and that her persuasions would be of considerable use.[276.1]

Birth of a daughter.

The duchess was confined at Framlingham, and gave birth to a daughter, who received the name of Anne. Waynflete, Bishop of Winchester, came down to christen the child, and he, too, took an opportunity during his brief stay to say a word to my lady about Caister and the claim of Sir John Paston to restitution. But exhortations, royal letters, and all were thrown away upon the Duke of Norfolk. My lady promised secretly to another person to favour Sir John’s suit, but the fact of her giving such a promise was not to be communicated to any one else. John Paston was made as uncomfortable as possible by the manner in which his representations were received. ‘I let you plainly wit,’ he wrote to his brother, ‘I am not the man I was, for I was never so rough in my master’s conceit as I am now, and that he told me himself before Richard Southwell, Tymperley, Sir W. Brandon, and twenty more; so that they that lowered now laugh upon me.’[276.2]