1450
SEPT. 4
James Gresham, I prey yow laboure forth to have answer of my bille for myn especial assise, and the oyer and termyner,[168.2] accordyng to my seid bille that I delyvered to my Lord Chaunceler,[168.3] letyng hym wete that his Lordship conceyved the graunt of suyche a special matier myght cause a rumour in the cuntre. Owt of dowte the cuntre is not so disposed, for it is desired ageyn suche persones as the c[untre] wolde were ponysshid; and if they be not ponysshid to refourme that they have do amysse, by liklynesse the cuntre wole rise up on th[em]. Men talke that a general oier and termyner is graunted to the Duke of Norfolk, my Lord of Ely, the Erll of Oxenford, the Lord Scales, Sir John Fastolf, Sir Thomas Fulthorp, and William Yelverton, and men be right glad therof. Yet that notwithstondyng, laboure ye forth for me. F[or] in a general oyer and termyner a supersedeas may dassh al, and so shall not in a special. And also if the justicez come at my request, they shall sytte als long as I wole, and so shall thei not by the generall. And as for commyssioners in myn, &c., Sir John Fastolf must be pleyntyf als weel as I my self, and so he may not be commyssioner; and as for alle the remenant, I can thynke them indifferent inow in the matier, except my Lord Scales, whos wyff is aunte to the Lady Moleyns.
And as for that the Lord Moleyns hath wretyn that he dar put the matier in awarde of my Lord Chaunceler, and in what juge he wole take to hym, &c. (which offre as I suppose shall be tolde to yow for to make yow to cesse your labour), thanne lete that be answerid, and my Lord Chaunceller enfourmed thus: The matier was in trete by th’assent of the Lord Moleyns a twene his counseil and myn, whiche assembled at London xvj. dyvers dayes, and for the more part there was a sergeant and vj. or vij. thrifty apprentisez; at whiche tyme the Lord Moleyns title was shewed, and clerly answerid, in so meche that his own counseil seide they cowde no forther in the matier, desiryng me to ride to Salesbury to the Lord Moleyns, promyttyng of their part that thei wolde moeve the Lord Moleyns, so that thei trusted I shuld have myn entent or I come thens; of whiche title and answer I send yow a copie that hath be put in to the Parlement, the Lord Moleyns being there present, whereto he cowde not sey nay. Also by fore this tyme I have agreed to put it in ij. juges, so thei wolde determyne by our evydences the right, moevyng nother partie to yeve other by ony mene, but only the right determyned, he to be fully recompensed that hath right. Whereto he wold not agree, but alle tymes wolde that thoe juges shulde entrete the parties as they myght be drawe to by offre and profre to my conceyte as men bye hors. Whiche matiers considerid, my counseil hath alwey conceyved that the tretees he offred hath be to non othir entent but to delaye the matier, or ellis to entrete me to relese my damages, for title hath he non. And he knowith weel the title shall never better be undirstond thanne it hath be by his counseil and myn atte seid comunycacions. And also my Lord Chaunceler undirstond that the Lord Moleyns men toke and bar away more than ccli. [£200] worth of my goodes and catalles. Wherof I delyvered hym a bylle of every parcell, wherto al the world knoweth he canne make no title. And if he were disposed to do right, my counseil thynketh he shuld restore that, for therfor nedith nowthir comunycacion nor trete. And with owt he wole restore that, I trowe no man can thynk that his trete is to no good purpose.
I preye yow hertily laboure ye so to my Lord Chaunceller that owther he wole graunte me my desire, or ellis that he wole denye it. And lete me have answer from yow in wrytyng how ye spede. If my Lord Chaunceler hath lost my bille that I delyvered hym, wherof I sende yowe a copie, that thanne ye put up to hym an othir of the same, takyng a copie to your self.
Recomand me to my cosyn William Whyte,[170.1] and prey hym to gyf yow his help in this, and lete hym be prevye to this letter. And lete hym w[ete] that my cosyn his suster hath childe, a doughter. Wretyn at Norwich, the iiij. day of Septembre.
Dyverse men of my freendis avyse me to entre in to the maner of Gresham by force of my writte of restitution, whiche I wole not do by cause the maner is so decayed by the Lord Moleyns occupacion, that where it was worth to me l. marks clerly by yeer, I cowde not now make it worth xxli.; for whiche hurt, and for othir hurtis, by this special assise I trust to have remedye.
[168.1] [From Paston MSS., B.M.] It is evident that this letter was written partly in answer to Gresham’s of the 19th August 1450. The year is therefore the same. The letter is printed from a copy in Gresham’s handwriting.
[168.2] See [p. 161, Note 3].
[168.3] Cardinal Kemp.—See [last No.]