Wher up on the seyd William, for hese owyn persone, affermyd a pleynt of trespas ageyn the seyd Walter and Richard, processe contynued ther up on til the seyd Walter and Richard were founden gilty of the seyd trespas by an iniquisicion ther of takyn in dwe and lawefull forme, by whiche inquisicion the damages of the seyd William for the seyd trespas were taxed to cxxli [£120]. Aftyr which pleynte affermyd, and to fore ony plee up on the seyd pleynt pleded, the seyd Walter and William, by Thomas Erpyngham, Knyght, a myghty and a gret supportour of the seyd Walter in alle these matiers and circumstaunces ther of ageyn the seyd William, were induced to trete in the same matier in the forme that folwith: That is to seyne, that the seyd William schuld sue forth the seyd pleynt and the execucion ther of at hese owne will, and the seyd Walter schuld defende hym self in the seyd pleynt at hese owne will, except that he schuld no benefice take by noon proteccion, ne wrytte of corpus cum causa, ne of no lordes lettres up on the seyd sute. And what so ever fortunyd in the seyd pleynt, the proces, execucion, or the sute ther of, the seyd Walter and William schuld stonde and obeye to the ordinaunce of certeyns persones by the seyd William and Walter arbitratores that tyme named, if thei myghten accordyn, and ellys of anoonpier also that same tyme named, of alle the seyd trespas, pleynt, and sute, and alle the circumstaunces ther of, so that the seyd arbitrement and ordinaunce of the seyd arbitratores, or ellys of the seyd nounpier, were made withinne xl. dayes next folwyng aftyr the jugement geven in the seyd pleynt.
And aftyrward, the Thursday next biforn Pentecost, the thrydde yeer of the regne of the seyd kyng, at London, in the presence of the right excellent, high and myghty prynce, the Duc de Gloucestre,[14.1] and by hese commaundement, atte sute and instaunce of the seyd Thomas Erpyngham, it was accordyd bytwen the seyd William and Walter that thei schuld stande and obeye to the ordinaunce and award of alle the seyed matiers of twenye of these iiij. persones, William Phelip, Knyght, Henry Inglose, Knyght, Oliver Groos, and Thomas Derham, chosen on the partye of the seyd William Paston, and tweyne of those iiij. persones, Symond Felbrygge, Knyght, Bryan Stapilton, Knyght, Roberd Clyfton, Knyght, and John of Berneye of Redeham, chosen on the partie of the seyd Water, and elles the decree and jugement of a nounpier to be chosen by the same arbitrores. The whiche William Phelip, Bryan Stapilton, Roberd Clyfton, Oliver Groos, John of Berneye, and Thomas Derham, takyng up on hem the charge of the makyng of the seyd award and ordinaunce by the assent of the seyd Thomas Erpyngham, the Fryday next aftyr the feste of the Assumpcion of Owre Lady, in the seyd thrydde yeer, at Norwiche, tokyn ensurans of the seyd William and Walter by here fayth and here trowthez to stande and obeye to here ordinaunce of alle the seyd matiers, and the same day biforne noon, maden here full ordinaunce and arbitrement of alle the same matiers in the chyrche of the Greye Freyrys at Norwich; and aftyrward, up on the same award and ordinaunce mad, hadden a communicacion ther of with the seyd Thomas Erpyngham; and aftyr the same communicacion, the same day aftyr noon, the same ordinaunce and award wretyn was red byforn the seyd arbitrores and the seyd Walter and William, and examyned, agreed, and assented, and by the seales of the same vj. arbitrores and the seyd Walter and William, was affermed and ensealed and left in the handes of the seyd Sir Bryan, saveliche to be kept in playne remembraunce of the seyd award and ordinaunce; the whiche award and ordinaunce the seyd William was at all tymes redy to obeye and performe, on to the seyd feste of Michelmesse, that the seyd Walter to holde or performe the seyd award pleynly refused.
And where the seyd Walter, by jugement of the Chaunceller of Inglond, the xvj. day of Jull’ the seyd thrydde yeer, was remytted to the kynges prison at Norwich by cause of the seyd sute, the seyd Walter yede at large owt of warde fro the seyd xvj. day of Jull’ to the seyd day of the makyng of the seyd arbitrement and award, and fro that day in to Michelmesse thanne next aftyr; the seyd William that meene tyme evermore supposyng that the seyd Walter wolde have holde and performyd the sayd ordinaunce, arbitrement, and award. And at the comyng of the right high and myghty prynce the Duc of Norfolk fro his Castell of Framyngham to the Cetie of Norwyche, aftyr the seyd day of the makyng of this arbitrement and ordinaunce, and to fore the feste of Michelmesse than next folwyng, the seyd Walter by hese sotill and ungoodly enformacion caused the seyd Duke to be hevy lord to the seyd William. Where the seyd William the tyme of the seyd enformacion was with Sir John Jermy, Knyght, and othre of the counseill of the seyd Duk of Norffolk in hys lordshipes in Norffolk and Suffolk, thanne to hym falle [fallen] by the deth of the right worthy and noble lady hys modyr, occupied abowte the dwe service of wryttes of diem clausit extremum[16.1] aftyr the deth of the seyd lady. And where as the seyd William Paston, by assignement and commaundement of the seyd Duk of Norffolk, at hese fyrst passage over the see in to Normandye, in the kynges tyme Henry the Fyfte, was the Styward of the seyd Duc of Norffolk, of alle hese lordshipes in Norffolk and Suffolk fro hys seyd passage un to the seyd feste of Michelmesse; [And[16.2] over that as sergeaunt of lawe, thow he be unworthy, withholdyn with the seyd Duc of Norffolk alle the tyme that he was sergeaunt bifore the same feste of Michelmesse. And all be it that the fees and the wages of the seyd William for hys seyd service unpayed draweth a gret some to hys pouere degree, if the seyd Duk of Norffolk lyked, of hys noble and plentifous grace, to graunte to the seyd William, in right, ony part of the favour of hese good lordship, the seyd William wolde evere be hys pouere and trewe bedeman, and evere in hys herte thenke alle hys seyd service, and alle the service that ever he dede to the seyd [Duke] of Norfolk, plentefeousely weell rewarded.[16.3]]
And where the seyd Walter, the tyme of the seyd trespas and of the seyd bylles makyng ne long to fore, ne never aftyr biforn the seyd comyng of the seyd Duc of Norffolk to Norwich, ne no tyme hangyng the seyd sute, ne the tyme of makyng of the said arbitrement and ordinaunce, never was servaunt to the seyd Duc of Norffolk at fees, ne at wages, ne wythhaldyn in hese service, ne to hym sued to be supported by hese high Lordship in this seyd matier, to the knowleche of the seyd William, ne to no commune knowleche, in the shyres of Norffolk, Suffolk, ne Norwiche; the sute that the seyd Walter made for supportacion in this seyd matier was be the meene of the seyd Thomas Erpyngham to the seyd Duk of Gloucestre, by whose reule and commaundemente the seyd arbitrement and award was mad in the forme aforn seyd. And not with stondying the seyd trespas and grevaunce by the seyd Walter doon the seyd William, ne that the seyd William ne is not satisfied of the seyd cxxli., ne no peny therof, and hath absteyned hym of al maner of execucion, sewyng of godes or catelles, that by force of the seyd processe, or ony othyr, he myght have had ageyn the seyd Walter or hese borwes [sureties], ne that the seyd William hath suffred the seyd Walter to gon at large by long tyme whan he myght have had hys body in warde in lawfull forme: The seyd Walter, be billes in the too last parlementz holden at Westminster and at Leycestre, and at divers tymes in divers other maneres hath noysed and skaundered the seyd William ungoodly and othyr wyse than othyr [either] gentilnesse or trowthe wolde; and, overmore, caused the seyd William orribly to be manassed of hys deth, betyng and dismembryng of hys persone by certeyns servauntz of the Lordes Fitz Wauter and othre persones, and by ferefull and overe felle lettres and sondes. Wherfore the seyd William, nothyr hese frendes, ne hese servauntz in hys companye, at here fredam sithen the seyd parlement at Leycestre durſt not, ne yet ne dar not rydyn ne goo abowte swyche occupacion as he arn used and disposed, to here grete and unportable drede and vexacion in here spirites, and gret harme and damage and losse of here pouere goodes.
[Overmore,[17.1] the seyd Walter hath sued, and yet rigorously suethe a wrytte of decies tantum[17.2] ageyns x. persones of the seyd Inquisicion and ij. of the servauntz of the seyd William and iiij. othre persones; supposyng by hese seyd sute hem to have taken of the seyd William in hys seyd syte lxijli [£62] and more of moneye. The whiche sute of decies tantum the seyd Walter, betwyx God and hym, knewith verraly is untrewe. And also the seyd Walter hath sued, and yet persuyth Adam Aubre, on of the seyd Inquisicion in the court of the said Duc of Norffolk of hys manoir of Fornsete, by cause and occasion of the seyd matiers, in whiche sute in the seyd court it is proceded ageyn the seyd Adam in other maner thanne othyr lawe, conscience, or good fayth wolde.[18.1]]
Overmore the seyd William, atte commaundement of the seyd Duc of Norffolk, hath submytted hym to stonde to the ordinaunce of divers persones of alle the seyd matiers: ones at Leyceetre, the Wednesday next biforn Palm Soneday, the iiij. yeer of the regne of the syd kyng; anothyr tyme at Reed clyf in Aprill the same iiij. yeer, aftyr the forme of certeyns billes endented ther of made. The whiche submission, with alle the circumstaunces ther of, the seyd William hath be at alle tymes redy to obeye. The cause why the seyd Walter, by the seyd Englishe bylles, and in othyr forme, putte and sette the seyd William, and hys seyd clerkes and servauntz, in drede and fere intollerable to be slayn and mordered, and to hem trespaced in the forme aforn seyd, was onely for as moche as the seyd William was with the prior of Norwiche of counseille in hese trewe defence ageyn the entent of the seyd Walter in a sute that he made ageyn the seyd priour of a voweson of the chyrche of Sprouston in the counte of Norffolk, wher to the seyd Walter hath nothyr title suffisaunt ne right in no maner wyse by ony matier by hym declared byforn thys tyme.
This scrowe is mad only for the informacion of the worthy and worshipfull lordes the arbitrores; savyng evere to the maker the benefice reasonably to adde and amenuse, his ignoraunce in swiche occupation and defaute of leyser also tendrely considered.
[12.1] [From Paston MSS., B.M.] This paper refers to proceedings as late as the fourth year of Henry VI., and therefore cannot be earlier than 1426; but as it mainly relates to outrages committed in the second year of Henry VI., i.e. 1424, we have arranged it under that year.
[12.2] This word is omitted in the MS.
[14.1] Humphrey, Duke of Gloucester, Protector of England.