[230.1] [From Paston MSS., B.M.] This letter, like several of those preceding, speaks of a juncture in which it was expected that Tuddenham and Heydon would regain their influence. The adherents of Lord Molyns were also in hopes that he would shortly be in Norfolk and re-enter Gresham. The date must therefore be 1451.
[230.2] Philip Berney, Esq. of Caston. He was a brother of Margaret Mauteby, who was Margaret Paston’s mother.
[230.3] See [p. 101, Note 4].
[230.4] Mid-Lent Sunday fell on the 4th April in 1451.
[185]
PETITION FROM THE TOWN OF SWAFFHAM[231.1]
To the ryght wise, noble, and discrete Comons of this present Parlement.
1451
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,[231.2] 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,[231.3] imbraceryes,[231.4] 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,[232.1] 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 inhabitauntz 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 dissessyn[232.2] to be brought ageyn John Aleyn and xxiij othre of the said toune, in the name of the Abbot of Sawtre,[232.3] 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 inhabitauntz, for pyte and remorce of their concyencez, wer lothe to sew a writ of atteynte,[233.1] 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.