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diff --git a/43348-0.txt b/43348-0.txt index dbe42b2..cf4dcb1 100644 --- a/43348-0.txt +++ b/43348-0.txt @@ -1,35 +1,4 @@ -The Project Gutenberg EBook of The Paston Letters, edited by James Gairdner - -This eBook is for the use of anyone anywhere at no cost and with -almost no restrictions whatsoever. You may copy it, give it away or -re-use it under the terms of the Project Gutenberg License included -with this eBook or online at www.gutenberg.org/license - - -Title: The Paston Letters, Volume I (of 6) - New Complete Library Edition - -Editor: James Gairdner - -Release Date: July 29, 2013 [EBook #43348] - -Language: English - -Character set encoding: UTF-8 - -*** START OF THIS PROJECT GUTENBERG EBOOK THE PASTON LETTERS VOLUME I (OF 6) *** - - - - -Produced by Louise Hope, Chris Curnow and the Online -Distributed Proofreading Team at http://www.pgdp.net (This -file was produced from images generously made available -by The Internet Archive/Canadian Libraries) - - - - +*** START OF THE PROJECT GUTENBERG EBOOK 43348 *** This e-text comes in two forms: Unicode (UTF-8) and Latin-1. 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You may copy it, give it away or -re-use it under the terms of the Project Gutenberg License included -with this eBook or online at www.gutenberg.org/license - - -Title: The Paston Letters, Volume I (of 6) - New Complete Library Edition - -Editor: James Gairdner - -Release Date: July 29, 2013 [EBook #43348] - -Language: English - -Character set encoding: ISO-8859-1 - -*** START OF THIS PROJECT GUTENBERG EBOOK THE PASTON LETTERS VOLUME I (OF 6) *** - - - - -Produced by Louise Hope, Chris Curnow and the Online -Distributed Proofreading Team at http://www.pgdp.net (This -file was produced from images generously made available -by The Internet Archive/Canadian Libraries) - - - - - -This e-text comes in two forms: Unicode (UTF-8) and Latin-1. Use the -one that works best on your text reader. - - --If "oe" displays as a single character, and apostrophes and - quotation marks are "curly" or angled, you have the UTF-8 version - (better). If any part of this paragraph displays as garbage, try - changing your text reader's "character set" or "file encoding". - If that doesn't work, proceed to: - --In the Latin-1 version, "oe" is two letters, but French words like - "étude" have accents and "æ" is a single letter. Apostrophes and - quotation marks will be straight ("typewriter" form). A handful of - diacritical marks in quoted material will be missing. - -The Gairdner edition of the Paston Letters was printed in six volumes. -Each volume is a separate e-text; Volume VI is further divided into two -e-texts, Letters and Index. - -Superscripts are shown with braces { } as vj{ti}, xviiij{cim}. Braces -are not used for anything else. Errata and other transcriber's notes -are shown in [[double brackets]]. - -Footnotes have their original numbering, with added page number to make -them usable with the full Index. They are shown at the end of each -paragraph, except where this would interrupt a longer quotation or -letter. Typographical errors are shown in the same way, after any -footnotes. - -Except for footnotes and sidenotes, all brackets are in the original, as -are parenthetical question marks and (_sic_) notations. Series of dots -representing damaged text are as in the printed original. - -Project Gutenberg has the other volumes of this work. - Volume II: see http://www.gutenberg.org/ebooks/40989 - Volume III: see http://www.gutenberg.org/ebooks/41024 - Volume IV: see http://www.gutenberg.org/ebooks/41081 - Volume V: see http://www.gutenberg.org/ebooks/42239 - Volume VI, Part 1: see http://www.gutenberg.org/ebooks/42240 - Volume VI, Part 2 (Index): see http://www.gutenberg.org/ebooks/42494 - - - - - -This edition, published by arrangement with Messrs. ARCHIBALD CONSTABLE -AND COMPANY, LIMITED, is strictly limited to 650 copies for Great -Britain and America, of which only 600 sets are for sale, and are -numbered 1 to 600. - - No. 47 - - [[The number 47 is handwritten.]] - - - * * * * * - * * * * - - - THE PASTON LETTERS - - A.D. 1422-1509 - - - * * * * - * * * * * - - - The - PASTON LETTERS - A.D. 1422-1509 - - NEW COMPLETE LIBRARY EDITION - - Edited with Notes and an Introduction - - By - JAMES GAIRDNER - of the Public Record Office - - - _VOLUME I_ - - - London - Chatto & Windus - - [Decoration] - - Exeter - James G. Commin - 1904 - - - - - Edinburgh: T. and A. CONSTABLE, Printers to His Majesty - - - - -PREFACE - - -[Sidenote: First publication of the Letters.] Public attention was first -drawn to the Paston Letters in the year 1787, when there issued from the -press two quarto volumes with a very lengthy title, setting forth that -the contents were original letters written 'by various persons of rank -and consequence' during the reigns of Henry VI., Edward IV., and Richard -III. The materials were derived from autographs in the possession of the -Editor, a Mr. Fenn, of East Dereham, in Norfolk, who was well enough -known in society as a gentleman of literary and antiquarian tastes, but -who had not at that time attained any great degree of celebrity. Horace -Walpole had described him, thirteen years before, as 'a smatterer in -antiquity, but a very good sort of man.' What the great literary magnate -afterwards thought of him we are not informed, but we know that he took -a lively interest in the Paston Letters the moment they were published. -He appears, indeed, to have given some assistance in the progress of the -work through the press. On its appearance he expressed himself with -characteristic enthusiasm:--'The letters of Henry VI.'s reign, etc., are -come out, and _to me_ make all other letters not worth reading. I have -gone through one volume, and cannot bear to be writing when I am so -eager to be reading. . . . There are letters from _all_ my acquaintance, -Lord Rivers, Lord Hastings, the Earl of Warwick, whom I remember still -better than Mrs. Strawbridge, though she died within these fifty years. -What antiquary would be answering a letter from a living countess, when -he may read one from Eleanor Mowbray, Duchess of Norfolk?'[1-1] - - [Footnote 1-1: _Walpole's Letters_ (Cunningham's ed.), ix. 92.] - -So wrote the great literary exquisite and virtuoso, the man whose -opinion in those days was life or death to a young author or a new -publication. And in spite of all that was artificial and affected in his -character,--in spite even of the affectation of pretending a snobbish -interest in ancient duchesses--Walpole was one of the fittest men of -that day to appreciate such a publication. [Sidenote: What was thought -of them by some.] Miss Hannah More was less easily pleased, and she no -doubt was the type of many other readers. The letters, she declared, -were quite barbarous in style, with none of the elegance of their -supposed contemporary Rowley. They might perhaps be of some use to -correct history, but as letters and fine reading, nothing was to be said -for them.[2-1] It was natural enough that an age which took this view of -the matter should have preferred the forgeries of Chatterton to the most -genuine productions of the fifteenth century. The style of the Paston -Letters, even if it had been the most polished imaginable, of course -could not have exhibited the polish of the eighteenth century, unless a -Chatterton had had some hand in their composition. - - [Footnote 2-1: Roberts's _Memoirs of Hannah More_, ii. 50.] - -[Sidenote: General interest in the work.] Yet the interest excited by -the work was such that the editor had no reason to complain of its -reception. The Paston Letters were soon in everybody's hands. The work, -indeed, appeared under royal patronage, for Fenn had got leave -beforehand to dedicate it to the King as 'the avowed patron' of -antiquarian knowledge. This alone had doubtless some influence upon the -sale; but the novel character of the publication itself must have -excited curiosity still more. A whole edition was disposed of in a week, -and a second edition called for, which, after undergoing some little -revision, with the assistance of Mr. George Steevens, the Shakspearian -editor, was published the same year. Meanwhile, to gratify the curious, -the original MS. letters were deposited for a time in the Library of the -Society of Antiquaries; but the King having expressed a wish to see -them, Fenn sent them to Buckingham Palace, then called the Queen's -Palace, requesting that, if they were thought worthy of a place in the -Royal Collection, His Majesty would be pleased to accept them. They were -accordingly, it would seem, added to the Royal Library; and as an -acknowledgment of the value of the gift, Fenn was summoned to Court, and -received the honour of knighthood. - -But the two volumes hitherto published by Fenn contained only a small -selection out of a pretty considerable number of original letters of the -same period in his possession. The reception these two volumes had met -with now encouraged him to make a further selection, and he announced -with his second edition that another series of the Letters was in -preparation, which was to cover the same period as the first two -volumes, and to include also the reign of Henry VII. Accordingly a third -and fourth volume of the work were issued together in the year 1789, -containing the new letters down to the middle of Edward IV.'s reign. A -fifth and concluding volume, bringing the work down to the end of Henry -VII.'s reign, was left ready for publication at Sir John Fenn's death in -1794, and was published by his nephew, Mr. Serjeant Frere, in 1823. - -Of the original MSS. of these letters and their descent Fenn gives but a -brief account in the preface to his first volume, which we will -endeavour to supplement with additional facts to the best of our -ability. [Sidenote: The MSS.] The letters, it will be seen, were for the -most part written by or to particular members of the family of Paston in -Norfolk. Here and there, it is true, are to be found among them State -papers and other letters of great interest, which must have come to the -hands of the family through some indirect channel; but the great -majority are letters distinctly addressed to persons of the name of -Paston, and in the possession of the Pastons they remained for several -generations. In the days of Charles II. the head of the family, Sir -Robert Paston, was created Earl of Yarmouth; but his son William, the -second bearer of the title, having got into debt and encumbered his -inheritance, finally died without male issue, so that his title became -extinct. While living in reduced circumstances, he appears to have -parted with a portion of his family papers, which were purchased by the -great antiquary and collector, Peter Le Neve, Norroy King of Arms. Le -Neve was a Norfolk man, possessed of considerable estates at Witchingham -and elsewhere in the county; and he made it a special object to collect -MSS. and records relating to Norfolk and Suffolk. Just before his death -in 1729 he made a will,[4-1] by which he bequeathed his MSS. to the -erudite Dr. Tanner, afterwards Bishop of St. Asaph's, and Thomas Martin -of Palgrave; but this bequest was subject to the condition that within a -year after his death they should 'procure a good and safe repository in -the Cathedral Church of Norwich, or in some other good and public -building in the said city' for their preservation, the object being to -make them at all times accessible to those who wished to consult them. -The condition, however, was not fulfilled, and the bequest would -naturally have become null; but 'honest Tom Martin of Palgrave' (to give -him the familiar name by which he himself desired to be known) married -the widow of his friend, and thus became possessed of his MSS. by -another title. - - [Footnote 4-1: _See_ Appendix after Introduction, No. I.] - -The Le Neve collection, however, contained only a portion of the Paston -family papers. On the death, in 1732, of the Earl of Yarmouth, who -outlived Le Neve by three years, some thirty or forty chests of valuable -letters and documents still remained at the family seat at Oxnead. These -treasures the Rev. Francis Blomefield was allowed to examine three years -later with a view to his county history, for which purpose he boarded at -Oxnead for a fortnight.[4-2] Of the results of a general survey of the -papers he writes, on the 13th May 1735, to Major Weldon a number of -interesting particulars, of which the following may be quoted as bearing -upon the subject before us:--'There is another box full of the pardons, -grants, and old deeds, freedoms, etc., belonging to the Paston family -only, which I laid by themselves, for fear you should think them proper -to be preserved with the family; they don't relate to any estates. . . . -There are innumerable letters of good consequence in history still lying -among the loose papers, all which I laid up in a corner of the room on a -heap which contains several sacks full.'[5-1] But Blomefield afterwards -became the owner of a considerable portion of these papers; for he not -only wrote his initials on several of them, and marked a good many -others with a mark by which he was in the habit of distinguishing -original documents that he had examined and noted, but he also made a -present to a friend of one letter which must certainly have once been in -the Paston family archives. He himself refers to his ownership of -certain collections of documents in the Preface to his _History of -Norfolk_, where he informs the reader that he has made distinct -reference to the several authors and originals he had made use of in all -cases, 'except' (these are his words) 'where the originals are either in -Mr. Le Neve's or my own collections, which at present I design to join -to his, so that, being together, they may be consulted at all times.' -Apparently honest Tom Martin was still intending to carry out Le Neve's -design, and Blomefield purposed to aid it further by adding his own -collections to the Le Neve MSS. But though Martin lived for nearly forty -years after his marriage with Le Neve's widow, and always kept this -design in view, he failed to carry it out. His necessities compelled him -to part with some of his treasures, but these apparently were mainly -books enriched with MS. notes, not original ancient MSS., and even as he -grew old he did not altogether drop the project. He frequently formed -resolutions that he would, _next year_, arrange what remained, and make -a selection for public use. But at last, at the age of seventy-four, he -suddenly died in his chair without having given effect to his purpose. - - [Footnote 4-2: _Cursory Notices of the Reverend Francis - Blomefield._ By J. Wilton Rix, Esq.] - - [Footnote 5-1: _Norfolk Archæology_, ii. 210, 211.] - -Neither did his friend Blomefield, who died nine years before him, in -January 1762, succeed in giving effect to _his_ good intention of -uniting his collections with the Le Neve MSS. For he died deeply in -debt, and by his will, made just before death, he directed all his -personal property to be sold in payment of his liabilities. His -executors, however, declined to act, and administration was granted to -two principal creditors. Of the Paston MSS. which were owned by him, -a few are now to be found in one of the volumes of the Douce Collection -in the Bodleian Library at Oxford. These, it would seem, were first -purchased by the noted antiquary John Ives,[6-1] who acquired a number -of Le Neve's, Martin's, and Blomefield's MSS.; and after his library was -sold by auction in March 1777, they became part of the collections -relating to the counties of Oxford and Cambridge, which Gough, in his -_British Topography_ (vol. ii. p. 5), informs us that he purchased at -the sale of Mr. Ives' papers. To this same collection, probably, -belonged also a few of the scattered documents relating to the Paston -family which have been met with among the miscellaneous stores of the -Bodleian Library, for a knowledge of which I was indebted to the late -Mr. W. H. Turner of Oxford. - - [Footnote 6-1: _See_ Nichols's _Literary Anecdotes_, iii. 199.] - -Martin's executors seem to have done what they could to preserve the -integrity of his collections. A catalogue of his library was printed -at Lynn in 1771, in the hope that some purchaser would be found to take -the whole. Such a purchaser did present himself, but not in the interest -of the public. [Sidenote: By Mr. Worth.] A certain Mr. John Worth, -a chemist at Diss, bought both the library and the other collections, -as a speculation, for £630. The printed books he immediately sold to -a firm at Norwich, who disposed of them by auction; the pictures and -smaller curiosities he sold by auction at Diss, and certain portions -of the MSS. were sent, at different times, to the London market. But -before he had completed the sale of all the collections, Mr. Worth died -suddenly in December 1774. That portion of the MSS. which contained the -Paston Letters he had up to that time reserved. Mr. Fenn immediately -purchased them of his executors, and they had been twelve years in his -possession when he published his first two volumes of selections from -them. - -So much for the early history of the MSS. Their subsequent fate is not a -little curious. On the 23rd May 1787, Fenn received his knighthood at -St. James's, having then and there presented to the King three bound -volumes of MSS. which were the originals of his first two printed -volumes.[6-2] Yet, strange to say, these MSS. were afterwards lost sight -of so completely that for a whole century nobody could tell what had -become of them. They were not in the Royal Library afterwards given up -to the British Museum; they were not to be found in any of the Royal -Palaces. The late Prince Consort, just before his death, caused a -careful search to be made for them, but it proved quite ineffectual. -Their hiding-place remained unknown even when I first republished these -Letters in the years 1872-75. - - [Footnote 6-2: The following announcement appears in the _Morning - Chronicle_ of the 24th May 1787: 'Yesterday, John Fenn, Esq., - attended the levee at St. James's, and had the honour of - presenting to His Majesty (bound in three volumes) the original - letters of which he had before presented a printed copy; when His - Majesty, as a mark of his gracious acceptance, was pleased to - confer on him the honour of knighthood.'] - -To this mystery succeeded another of the same kind. The originals of the -other three volumes were not presented to the king; but they, too, -disappeared, and remained for a long time equally undiscoverable. Even -Mr. Serjeant Frere, who edited the fifth volume from transcripts left by -Sir John Fenn after his death, declared that he had not been able to -find the originals of that volume any more than those of the others. -Strange to say, however, the originals of that volume were in his house -all the time, and were discovered by his son, Mr. Philip Frere, in the -year 1865, just after an ingenious _littérateur_ had made the complete -disappearance of _all_ the MSS. a ground for casting doubt on the -authenticity of the published letters. It is certainly a misfortune for -historical literature, or at all events was in those days, that the -owners of ancient MSS. commonly took so little pains to ascertain what -it was that they had got. Since then the proceedings of the Historical -MSS. Commission, which have brought to light vast stores of unsuspected -materials for history, have awakened much more interest in such matters. - -Thus three distinct portions of MSS. that had been carefully edited had -all been lost sight of and remained undiscoverable for a long series of -years. The originals of the first two volumes presented to the King -could not be found. The originals of volumes iii. and iv. could not be -found. The originals of volume v. could not be found. These last, -however, after a time, came to light, as we have seen, in 1865, having -been discovered in the house of the late Mr. Philip Frere at Dungate, in -Cambridgeshire; and with them were found a large number of additional -MSS., also belonging to the Paston Collection, among which was the -original of one of the letters of volume iii. separated from all its -fellows, whose place of concealment remained still unknown. - -This discovery, however, was important, and at once suggested to me the -possibility of producing a new edition of the Letters arranged in true -chronological order, and augmented by those hitherto unedited. It -suggested, moreover, that more of the originals might even yet be -discovered with a little further search, perhaps even in the same house. -But a further search at Dungate, though it brought to light a vast -quantity of papers of different ages, many of them very curious, did not -lead to the discovery of any other than the single document above -referred to belonging to any of the first four volumes. All that Mr. -Philip Frere could find belonging to the Paston Collection he sold to -the British Museum, and the rest he disposed of by auction. - -The question then occurred: Since the originals of volumes iii. and iv. -had not been found at Dungate, might they be in the possession of the -head of the Frere family, the late Mr. George Frere of Roydon Hall, near -Diss, in Norfolk? This was suggested to me as probable by Mr. Philip -Frere, his cousin, and I wrote to him accordingly on the 3rd December -1867. I received an answer from him dated on the 6th, that he did not -see how such MSS. should have found their way to Roydon, but if they -turned up at any time he would let me know. Unluckily he seems to have -dismissed the subject from his mind, and I received no answer to further -inquiries repeated at various intervals. At last it appeared hopeless to -wait longer and defer my edition of the Letters indefinitely on the -chance of finding more originals anywhere. So the first volume of my -edition went to press, and the second, and the third. But just after I -had printed off two Appendices to vol. iii., a friend of Mr. George -Frere's called upon me at the Record Office, and informed me that a -number of original Paston letters had been discovered at Roydon, which -he had conveyed up to London. After some further communication with Mr. -Frere himself I was allowed to inspect them at his son's chambers in the -Temple, when I found among them those very originals of Fenn's third and -fourth volumes which eight years before he could not believe were in his -possession! Every one of them, I think, was there with just two -exceptions--the first a document which, as already mentioned, was found -at Dungate; the second a letter (No. 52 in this edition) now preserved -at Holland House, the existence of which was made known to me before my -second volume was issued by a recent book of the Princess Marie -Liechtenstein.[9-1] - - [Footnote 9-1: _Holland House._ By Princess Marie Liechtenstein, - vol. ii. p. 198.] - -It was mortifying, I confess, not to have received earlier intelligence -of a fact that I had suspected all along. But it was better to have -learned it at the last moment than not till after my last volume was -published. So, having made two Appendices already to that volume, the -only thing to do was to add a third, in which the reader would find a -brief note of the discovery, with copies of some of the unpublished -letters, and as full an account of the others belonging to the same -period as circumstances would permit. Altogether there were no less than -ninety-five new original letters belonging to the period found at Roydon -Hall, along with the originals of Fenn's third and fourth volumes. - -In July 1888 these Roydon Hall MSS. were offered for sale at Christie's. -They consisted then of 311 letters, mainly the originals of Fenn's third -and fourth volumes, and of those described in my third Appendix. Of the -former set there were only four letters wanting, viz. the two in volume -iii. whose existence is accounted for elsewhere, and two in volume iv. -'which,' the sale catalogue observes, 'are noted by Fenn himself as -being no longer in his possession.' As to the letters in my Appendix the -catalogue goes on to say:-- - - 'Of the ninety-five additional letters above mentioned (Gairdner, - 992-1086) _four_ are missing (Nos. 1016, 1029, 1077, 1085). On the - other hand, on collating the present collection with the printed - volumes, it was found to contain _four others_ of which no record - exists either in Fenn's or Mr. Gairdner's edition, and which - consequently appear to have escaped the notice of the latter - gentleman while examining the treasures at Roydon Hall.' - -'The latter gentleman' begs leave to say here that he never was at -Roydon Hall in his life, and was only allowed to examine such of the -'treasures' found there as were placed before him in the year 1875 in a -certain chamber in the Temple. A well-known bookseller purchased the -MSS. offered at Christie's for 500 guineas, and some years later (in -1896), sold them to the British Museum. They are thus, at length, -available for general consultation. The number of missing originals, -however, is not quite as given in Christie's sale catalogue. There are -four, not two, lacking of volume iv. On the other hand, only two letters -of the Appendix are wanting.[10-1] - - [Footnote 10-1: The missing letters of volume iv. are Nos. 24, 97, - 99, and 105 (Nos. 551, 726, 735, and 758 of this edition). The - last never formed part of Fenn's collection. I do not know of any - other noted by him as 'no longer in his possession.' The letters - missing of the Appendix are only Nos. 997 and 1019. Of the four - said to be missing in Christie's catalogue, 1016 is not a document - at all, the number having been accidentally skipped in the - Inventory, and the other three are in the British Museum. No. - 1077, however, is inaccurately described in the Appendix.] - -About fifteen years after the discovery at Roydon there came another -discovery elsewhere. On the 29th March 1890 it was announced in the -_Athenæum_ that the missing originals of Fenn's first and second -volumes--that is to say, the MSS. presented to King George III.--had -likewise come to light again. They were found at Orwell Park, in -Suffolk, in 1889, after the death of the late Colonel Tomline, and they -remain there in the possession of his cousin, Mr. E. G. Pretyman, M.P., -now Secretary to the Admiralty, who kindly showed them to me at his -house soon after their discovery. They have come to him among family -papers and heirlooms of which, being only tenant for life, he is not -free to dispose until some doubts can be removed as to their past -history; and I accordingly forbear from saying more on this point except -that their place of deposit indicates that they may either have got -mixed with the private papers and books of Pitt, of which a large number -are in the Orwell library, or with those of his old tutor and secretary, -Dr. George Pretyman, better known as Bishop Tomline. Dr. Pretyman had -just been appointed Bishop of Lincoln when Fenn published his first two -volumes, and it was many years afterwards that he assumed the name of -Tomline. But whether these MSS. came to his hands or to Pitt's, or under -what circumstances they were delivered to either, there is no evidence -to show. Possibly the King's illness in 1788 prevented their being -placed, or, it may be, replaced, in the Royal Library, where they were -intended to remain. - -The edition of these Letters published by Mr. Arber in 1872-75 was in -three volumes. It was printed from stereotype plates, and has been -reissued more than once by the Messrs. Constable with corrections, and -latterly with an additional volume containing the Preface and -Introduction by themselves, and a Supplement giving the full text of -those newly-found letters of which the reader had to be content with a -bare catalogue in 1875. My original aim to have a complete collection of -all extant Paston Letters had been defeated; and there seemed nothing -for it but to let them remain even at the last in a general series, an -Appendix and a Supplement. The present publishers, however, by -arrangement with Messrs. Constable, were anxious to meet the wants of -scholars who desired to possess the letters, now that the collection -seems to be as complete as it is ever likely to be, in a single series, -and in a more luxurious form than that in which they have hitherto -appeared. I have accordingly rearranged the letters as desired--a task -not altogether without its difficulties when nice chronological -questions had to be weighed and the story of the Pastons in all its -details had for so many years ceased to occupy a foremost place in my -thoughts; and I trust that the unity of the series will now give -satisfaction. At the same time, the opportunity has not been lost of -rectifying such errors as have been brought to my notice, which could -not have been conveniently corrected in the stereotype editions. - -Notwithstanding the recovery of the originals of the letters printed by -Fenn, it has not been thought necessary to edit these anew from the MSS. -Whether such a thing would be altogether practicable even now may -perhaps be a question; at all events it would have delayed the work -unduly. Fenn's editing is, as I have shown in previous editions, fairly -satisfactory on the whole, and it is not to be supposed that a -comparison of all the printed letters with the original MSS. would lead -to results of very material consequence. A large number have been -compared already, and the comparison inspires the greatest confidence in -his care and accuracy. His misreadings are really very few, his method -of procedure having been such as to prevent their being either many or -serious; while as to his suppressions I have found no reason to believe, -from what examination I have been able to make, that any of them were of -very material importance. - -It was not editorial carelessness on Fenn's part which made a new -edition desirable in 1872. It was, first of all, the advance of -historical criticism since his day--or rather, perhaps, I should say, of -the means of verifying many things by the publication of historical -sources and the greater accessibility of historical records. And -secondly, the discovery of such a large number of unprinted documents -belonging to the Paston Collection made it possible to study that -collection as a whole, and fill up the outlines of information which -they contained on matters both public and private. On this subject I may -be allowed simply to quote what I said in 1872 in the preface to the -first volume:-- - - 'The errors in Fenn's chronology are numerous, and so exceedingly - misleading that, indispensable as these Letters now are to the - historian, there is not a single historian who has made use of them - but has misdated some event or other, owing to their inaccurate - arrangement. Even writers who have been most on their guard in some - places have suffered themselves to be misled in others. This is no - reproach to the former Editor, whose work is indeed a perfect model - of care and accuracy for the days in which he lived; but historical - criticism has advanced since that time, and facilities abound which - did not then exist for comparing one set of documents with another, - and testing the accuracy of dates by public records. The completion - of Blomefield's _History of Norfolk_, and the admirable index added - to that work of late years by Mr. Chadwick, have also been of - eminent service in verifying minute facts. Moreover, the - comprehensive study of the whole correspondence, with the advantage - of having a part already published to refer to, has enabled me in - many cases to see the exact bearing of particular letters, which - before seemed to have no certain place in the chronology, not only - upon public events, but upon the Private affairs of the Paston - family. . . . - - [Sidenote: Accuracy of Fenn's text.] 'The care taken by Sir John - Fenn to secure the accuracy of his text can be proved by many tests. - It might, indeed, be inferred from the elaborate plan of editing - that he adopted, exhibiting in every case two transcripts of the - same letter, the one to show the precise spelling and punctuation of - the original, the other to facilitate the perusal by modern - orthography. A work on which so much pains were bestowed, and which - was illustrated besides by numerous facsimiles of the original - handwritings, signatures, paper-marks, and seals of the letters, was - not likely to have been executed in a slovenly manner, in so far as - the text is concerned. But we are not left in this case to mere - presumptive evidence. The originals of the fifth volume have been - minutely examined by a committee of the Society of Antiquaries, and - compared all through with the printed text, and the general result - of this examination was that the errors are very few, and for the - most part trivial. Now, if this was the case with regard to that - volume, which it must be remembered was published after Fenn's death - from transcripts prepared for the press, and had not the benefit of - a final revision of the proof-sheets by the editor, we have surely - every reason to suppose that the preceding volumes were at least not - less accurate. - - 'At all events, any inaccuracies that may exist in them were - certainly not the result of negligence. I have been favoured by Mr. - Almack, of Melford, near Sudbury, in Suffolk, with the loan of - several sheets of MS. notes bequeathed to him by the late Mr. - Dalton, of Bury St. Edmunds, who transcribed a number of the - original MSS. for Sir John Fenn. These papers contain a host of - minute queries and criticisms, which were the result of a close - examination of the first four volumes, undertaken at Fenn's request. - Those on the first two volumes are dated on the 3rd and 7th of May - 1788, more than a year after the book was published. But on vols. - iii. and iv. there are two separate sets of observations, the first - of which were made on the transcripts before they were sent to - press, the other, like those on the two first volumes, on the - published letters. From an examination of these criticisms, and also - from the results of the examination of the fifth volume by the - committee of the Society of Antiquaries,[13-1] I have been led to - the opinion that the manner in which Sir John Fenn prepared his - materials for the press was as follows:-- [Sidenote: Mode in which - Fenn prepared the letters for publication.] Two copies were first - made of every letter, the one in the exact spelling and punctuation - of the original, the other in modern orthography. Both these copies - were taken direct from the original, and possibly in the case of the - first two volumes they were both made by Fenn himself. In vols. iii. - and iv., however, it is stated that many of the transcripts were - made by Mr. Dalton, while those of vol. v. were found to be almost - all in his handwriting when that volume was sent to press in - 1823.[13-2] But this statement probably refers only to the copies in - the antique spelling. Those in modern spelling I believe to have - been made for the most part, if not altogether, by Fenn himself. - When completed, the two copies were placed side by side, and given - to Mr. Dalton to take home with him. Mr. Dalton then made a close - comparison of the two versions, and pointed out every instance in - which he found the slightest disagreement between them, or where he - thought an explanation might be usefully bracketed into the modern - version. These comments in the case of vol. iii. are upwards of 400 - in number, and extend over eighteen closely written pages quarto. It - is clear that they one and all received the fullest consideration - from Sir John Fenn before the work was published. Every one of the - discrepancies pointed out between the two versions is rectified in - the printed volume, and there cannot be a doubt that in every such - case the original MS. was again referred to, to settle the disputed - reading. - - 'One or two illustrations of this may not be unacceptable to the - reader. The following are among the observations made by Mr. Dalton - on the transcripts of vol. iii. as prepared for press. [Sidenote: - Examples.] In Letter viii. was a passage in which occurred the - words, "that had of your father certain lands _one_ seven years or - eight years agone." Mr. Dalton's experience as a transcriber appears - to have suggested to him that "one" was a very common misreading of - the word "over" in ancient MSS., and he accordingly suggested that - word as making better sense. His surmise turned out to be the true - reading, and the passage stands corrected accordingly in the printed - volume. In Letter xxiv. there was a discrepancy in the date between - the transcript in ancient spelling and the modern version. In the - latter it was "the 4th day of December," whereas the former gave it - as the 3rd. On examination it appears that the _modern_ version was - found to be correct, a Roman "iiij." having been misread in the - other as "iij." Thus we have very sufficient evidence that the - modern copy could not have been taken from the ancient, but was made - independently from the original MS. Another instance of the same - thing occurs in the beginning of Letter xli., where the words "to my - power" had been omitted in the literal transcript, but were found in - the modern copy. - - 'Mr. Dalton's part in the work of transcription appears clearly in - several of his observations. One of the transcripts is frequently - referred to as "my copy"; and an observation made on Letter lxxxvi. - shows pretty clearly that the copy so referred to was the literal - one. At the bottom of that letter is the following brief - postscript:--"Utinam iste mundus malignus transiret et - concupiscentia ejus"; on which Mr. Dalton remarks as follows:--"I - have added this on _your_ copy as supposing it an oversight, and - hope it is properly inserted." Thus it appears that Mr. Dalton's own - transcript had the words which were deficient in the other, and - that, being tolerably certain they existed in the original, he - transferred them to the copy made by Fenn. Now when it is considered - that these words are written in the original MS. with peculiarly - crabbed contractions, which had to be preserved in the literal - version as exactly as they could be represented in type,[15-1] it - will, I think, appear evident that Mr. Dalton could never have - ventured to supply them in such a form without the original before - him. It is clear, therefore, that his copy was the literal - transcript, and that of Fenn the modern version. - - 'Again, in Letter xxxi. of the same volume, on the second last line - of page 137, occur the words, "that he obey not the certiorari." On - this passage occurs the following query--"The word for 'obey' seems - unintelligible. Have I not erred from the original in my copy?" - Another case will show how by this examination the errors of the - original transcripts were eliminated. In Letter xxxiv., at the - bottom of pp. 144-5, occurs the name of Will or William Staunton. It - appears this name was first transcribed as "Robert Fraunton" in the - right or modern version; on which Mr. Dalton remarks, "It is William - in orig." (Mr. Dalton constantly speaks of the transcript in ancient - spelling as the "original" in these notes, though it is clear he had - not the real original before him at the time he made them). - Strangely enough, Mr. Dalton does not suspect the surname as well as - the Christian name, but it is clear that both were wrong, and that - they were set right in consequence of this query directing the - editor's attention once more to the original MS.' - - [Footnote 13-1: _Archæol._ vol. xli. p. 39.] - - [Footnote 13-2: _See_ Advertisement in the beginning of the - volume, p. vii.] - - [Footnote 15-1: The following is the exact form in which they - stand in the literal or left-hand version:--'Utia'z iste mu'd - maligu{s} t'nsir{t} & c'up'ia e{s}.'] - - [['The care taken by Sir John - _opening quotation mark missing_]] - -To this I may add some further evidences of Fenn's editorial care and -accuracy. When the second volume of my first edition was published in -1874, my attention was called, as already mentioned, to the existence at -Holland House of the original of one of those letters[15-2] which I had -reprinted from Fenn. It was one of the letters in Fenn's third volume, -and only one[15-3] other letter in that volume had then turned up. -I carefully compared both these papers with the documents as printed, -and in both, as I remarked in the Preface to vol. ii., the exact spelling -was given with the most scrupulous accuracy, so that there was scarcely -the most trivial variation between the originals and the printed text. -But a more careful estimate, alike of Fenn's merits and of his defects -as an editor, became possible when, on the publication of the third -volume of the same edition, I was able, as I have already shown, to -announce at the last moment the result of a cursory inspection of the -originals of his third and fourth volumes. And what I said at that time -may be here transcribed:-- - - 'The recovery of these long-lost originals, although, unfortunately, - too late to be of the use it might have been in this edition, is - important in two ways: first, as affording an additional means of - testing Fenn's accuracy as an editor; and secondly, as a means of - testing the soundness of some occasional inferences which the - present Editor was obliged to draw for himself in the absence of the - originals. More than one instance occurs in this work in which it - will be seen that I have ventured to eliminate from the text as - spurious a heading printed by Fenn as if it were a part of the - document which it precedes. Thus, in No. 19,[16-1] I pointed out - that the title, in which Judge Paston is called "Sir William Paston, - knight," could not possibly be contemporaneous; and the document - itself shows that this opinion was well founded. It bears, indeed, -a modern endorsement in a handwriting of the last century much to the - same effect as Sir John Fenn's heading; but this, of course, is no - authority at all. In the same way I showed that the title printed by - Fenn, as a heading to No. 191,[16-2] was utterly erroneous, and - could not possibly have existed in the original MS. This conclusion - is also substantiated by the document, which, I may add, bears in - the margin the heading "Copia," showing that it was a transcript. - The document itself being an important State Paper, there were - probably a number of copies made at the time; but as no others have - been preserved, it is only known to us as one of the Paston Letters. - - 'Another State Paper (No. 238),[16-3] of which a copy was likewise - sent to John Paston, has a heading which Sir John Fenn very - curiously misread. It is printed in this edition[16-4] as it stands - in the first, _Vadatur J. P._, meaning apparently "John Paston gives - security, or stands pledged." But it turns out on examination that - the reading of the original is _Tradatur J. P._ (Let this be - delivered to John Paston). - - 'To return to No. 19, it will be seen that I was obliged to reprint - from Fenn in the preliminary note a few words which he had found - written on the back of the letter, of which it was difficult to make - any perfect sense, but which seemed to imply that the bill was - delivered to Parliament in the 13th year of Henry VI. I pointed out - that there seemed to be some error in this, as no Parliament - actually met in the 13th year of Henry VI. The original endorsement, - however, is perfectly intelligible and consistent with facts, when - once it has been accurately deciphered. The handwriting, indeed, is - very crabbed, and for a considerable time I was puzzled; but the - words are as follows:--"Falsa billa Will'i Dallyng ad parliamentum - tempore quo Henricus Grey fuit vicecomes, ante annum terciodecimum - Regis Henrici vj{ti}." I find as a matter of fact that Henry Grey - was sheriff (_vicecomes_) of Norfolk, first in the 8th and 9th, and - again in the 12th and 13th year of Henry VI., and that Parliament - sat in November and December of the 12th year (1433); so that the - date of the document is one year earlier than that assigned to it. - - 'Again, I ventured to question on internal evidence the authorship - of a letter (No. 910)[17-1] which Fenn had assigned to William - Paston, the uncle of Sir John Paston. At the end is the signature - "Wyll'm Paston," with a reference in Fenn to a facsimile engraved in - a previous volume. But the evidence seemed to me very strong that - the William Paston who wrote this letter was not Sir John's uncle, - but his brother. The inspection of the original letter itself has - proved to me that I was right. The signatures of the two Williams - were not altogether unlike each other; but the signature appended to - this letter is unquestionably that of the younger man, not of his - uncle; while the facsimile, to which Fenn erroneously refers the - reader, is that of the uncle's signature taken from a different - letter. - - 'It may perhaps be conceived that if even these few errors could be - detected in Fenn's work by one who had not yet an opportunity of - consulting the original MSS., a large number of others would be - discovered by a minute comparison of the printed volumes with the - letters themselves. This suspicion, however, is scarcely borne out - by the facts. I cannot profess to have made anything like an - exhaustive examination, but so far as I have compared these MSS. - with the printed text, I find no evidence of more than very - occasional inaccuracy, and, generally speaking, in matters very - immaterial. On the contrary, an inspection of these last recovered - originals has greatly confirmed the opinion, which the originals - previously discovered enabled me to form, of the scrupulous fidelity - and care with which the letters were first edited. For the most - part, not only the words, but the exact spelling of the MSS. is - preserved, with merely the most trifling variations. Sir John, - indeed, was not a trained archivist, and there are what may be - called errors of system in his mode of reading, such as, for - instance, the omission of contractions that may be held to represent - a final _e_, or the rendering a final dash by _s_ instead of _es_. - In such things the plan that he pursued was obvious. But it is - manifest that in other respects he is very accurate indeed; for he - had made so careful a study of these MSS. that he was quite familiar - with most of the ancient modes of handwriting, and, on the whole, - very seldom mistook a reading. - - 'I may add, that this recent discovery enables me to vindicate his - accuracy in one place, even where it seemed before to be very - strangely at fault. At the end of Letter iii. of the fifth - volume,[18-1] occurs in the original edition the following - postscript:--"I warn you keep this letter close, and lose it not; - rather burn it." On comparing this letter with the original, the - Committee of the Society of Antiquaries, some years ago, were amazed - to find that there was no such postscript in the MS., and they were - a good deal at a loss to account for its insertion. It now appears, - however, that this letter was preserved in duplicate, for among the - newly-recovered MSS. I discovered a second copy, being a corrected - draft, in Margaret Paston's own hand, at the end of which occurs the - P.S. in question. - - 'It must be acknowledged, however, that Fenn's mode of editing was - not in all respects quite so satisfactory. Defects, of which no one - could reasonably have complained in his own day, are now a serious - drawback, especially where the original MSS. are no longer - accessible. Occasionally, as we have seen, he inserts a heading of - his own in the text of a document without any intimation that it is - not in the original; but this is so rare a matter that little need - be said about it. A more serious fault is, that in vols. iii. and - iv. he has published occasionally mere extracts from a letter as if - it were the whole letter. In vols. i. and ii. he avowedly left out - passages of little interest, and marked the places where they - occurred with asterisks; but in the two succeeding volumes he has - not thought it necessary to be so particular, and he has made the - omissions _sub silentio_. For this indeed no one can seriously blame - him. The work itself, as he had planned it, was only a selection of - letters from a correspondence, and a liberal use of asterisks would - not have helped to make it more interesting to the public. - Occasionally he even inverts the order of his extracts, printing a - postscript, or part of a postscript, in the body of a letter, and - placing at the end some passage that occurs in the letter itself, - for no other reason apparently than that it might read better as a - whole. - - 'Thus Letter 37 of this edition[18-2] (vol. iii., Letter vi., in - Fenn) is only a brief extract, the original being a very long - letter, though the subjects touched upon are not of very great - interest. So also Letter 171 (Letter xxx. in Fenn's third - volume)[18-3] is a set of extracts. Letter 182 (vol. iii., Letter - xxxix., in Fenn)[18-4] is the same; and the first part of what is - given as a postscript is not a postscript in the original, but - actually comes before the first printed paragraph. - - 'In short, it was the aim of Sir John Fenn to reproduce with - accuracy the spelling and the style of the MSS. he had before him; - but as for the substance, to give only so much as he thought would - be really interesting. The letters themselves he regarded rather as - specimens of epistolary art in the fifteenth century than as a - substantial contribution to our knowledge of the times. To have - given a complete transcript of every letter, or even a _résumé_ in - his own words of all that concerned lawsuits, leases, bailiffs' - accounts, and a number of other matters of equally little interest, - formed no part of his design; but the task that he had really set - himself he executed with admirable fidelity. He grudged no labour or - expense in tracing facsimiles of the signatures, the seals, and the - watermarks on the paper. All that could serve to illustrate the - manners of the period, either in the contents of the letters, or in - the handwritings, or the mode in which they were folded, he esteemed - most valuable; and for these things his edition will continue still - to be much prized. But as it was clearly impossible in that day to - think of printing the whole correspondence, and determining - precisely the chronology by an exhaustive study of minutiæ, there - seemed no good reason why he should not give two or three paragraphs - from a letter without feeling bound to specify that they were merely - extracts. Yet even these defects are not of frequent occurrence. The - omissions are by no means numerous, and the matter they contain is - generally unimportant in itself.' - - [Footnote 15-2: No. 38 in that edition, No. 52 in this.] - - [Footnote 15-3: It was Letter 1 in Fenn's third volume, No. 18 in - my first edition, No. 24 in this.] - - [Footnote 16-1: No. 25 in present edition.] - - [Footnote 16-2: No. 230 in present edition.] - - [Footnote 16-3: No. 282 in present edition.] - - [Footnote 16-4: That is to say, in the edition published by Mr. - Arber in 1875, when it was impossible to correct the text.] - - [Footnote 17-1: No. 1033 in present edition.] - - [Footnote 18-1: No. 787 of this edition.] - - [Footnote 18-2: No. 51 of present edition.] - - [Footnote 18-3: No. 205.] - - [Footnote 18-4: No. 221.] - -I took advantage, however, at that time, of the recovery of so many of -the missing originals to make a cursory examination for the further -testing of Fenn's editorial accuracy. Two or three letters I compared -carefully with the originals throughout, and in others I made special -reference to passages where doubts were naturally suggested, either from -the obscurity of the words or from any other cause as to the correctness -of the reading. The results of this examination I gave in an Appendix at -the end of the Introduction to the third volume in 1875, and such errors -as I was then able to detect are corrected in the present edition. - -Apart from such corrections, the letters are here reproduced as they are -printed in previous editions, only in a better order. Fenn's text has -been followed, where no corrections have been found, in all the letters -printed by him except those of his fifth volume. The exact transcript -given on the left-hand pages of Fenn's edition has been strictly adhered -to, except that contractions have been extended; and even in this -process we have always been guided by the interpretation given by Fenn -himself in his modern version on the right-hand pages. All the other -letters in this publication are edited from the original MSS., with a -very few exceptions in which these cannot be found. In some places, -indeed, where the contents of a letter are of very little interest, it -has been thought sufficient merely to give an abstract instead of a -transcript, placing the abstract in what is believed to be its true -place in the series chronologically. Abstracts are also given of -documents that are too lengthy and formal to be printed, and, in one -case, of a letter sold at a public sale, of which a transcript is not -now procurable. In the same manner, wherever I have found the slightest -note or reference, whether in Fenn's footnotes or in Blomefield's -_Norfolk_--where a few such references may be met with--to any letter -that appears originally to have belonged to the Paston correspondence, -even though the original be now inaccessible, and our information about -the contents the most scanty, the reader will find a notice of all that -is known about the missing document in the present publication. - -I wish it were in my power to make the present edition better still. But -there have been always formidable obstacles to completeness during the -thirty years and more since I first took up the business of editing the -letters; and though many of these obstacles have been removed, my -energies are naturally not quite what they once were. The publishers, -however, have thought it time for a more satisfactory edition, and I -hope I have done my best. It remains to say a few words about the -original MSS. and the places in which they now exist. - -Of those at Orwell Park I have already spoken. They are contained in -three half-bound volumes, and are the originals of the letters printed -by Fenn in his first and second volumes. - -In the British Museum are contained, first of all, four volumes of the -'Additional MSS.' numbered 27,443 to 27,446, consisting of the originals -of volume v. of Fenn's edition which was published after his death, and -a number of other letters first printed by me in the edition of 1872-75. -The nine volumes which follow these, viz. 'Additional MSS.,' -27,447-27,455, contain also Paston letters but of a later date, and -papers relating to Sir John Fenn's publication. There is also a separate -volume of 'Paston letters' in 'Additional MS.' 33,597; but these, too, -are mostly of later date, only eight being of the fifteenth century. -Further, there are the Roydon Hall MSS. (including with, I believe, only -two exceptions the originals of Fenn's third and fourth volumes), which -are contained in the volumes 'Additional,' 34,888-9. And finally there -are two Paston letters (included in this edition) in 'Additional MS.' -35,251. These are all that are in the British Museum. Besides these -there are, as above noticed, a few MSS. in a volume of the Douce -Collection and the other stray MSS. in the Bodleian Library at Oxford -above referred to. At Oxford, also, though not strictly belonging to the -Paston family correspondence, are a number of valuable papers, some of -which are included in this edition, having an important bearing on the -fortunes of the family. These are among the muniments contained in the -tower of Magdalene College. As the execution of Sir John Fastolf's will -ultimately devolved upon Bishop Waynflete, who, instead of a college at -Caister, made provision for a foundation of seven priests and seven poor -scholars in Magdalene College, a number of papers relative to the -disputes between the executors and the arrangement between the Bishop -and John Paston's sons have been preserved among the documents of that -college. My attention was first called to these many years ago by Mr. -Macray, through whom I obtained copies, in the first place, of some -entries from an old index of the deeds relating to Norfolk and Suffolk, -which had already been referred to by Chandler in his Life of Bishop -Waynflete. Afterwards Mr. Macray, who had for some time been engaged in -a catalogue of the whole collection, was obliging enough to send me one -or two abstracts of his own made from the original documents even before -he was able to refer me to his report on the muniments of Magdalene -College, printed in the Fourth Report of the Historical MSS. Commission. -It will be seen that I have transcribed several interesting entries from -this source. - -Further, there are just a few Paston letters preserved in Pembroke -College, Cambridge. - - -What remains to be said is only the confession of personal obligations, -incurred mainly long ago in connection with this work. The lapse of -years since my first edition of these letters was issued, in 1872, -naturally reminds me of the loss of various friends who favoured and -assisted it in various ways. Among these were the late Colonel Chester, -Mr. H. C. Coote, Mr. Richard Almack of Melford, Mr. W. H. Turner of -Oxford, Mr. J. H. Gurney, Mr. Fitch, and Mr. L'Estrange of Norwich. On -the other hand, I am happy to reckon still among the living Dr. Jessopp, -Mr. Aldis Wright, Miss Toulmin Smith, and Mr. J. C. C. Smith, now a -retired official of the Probate Office at Somerset House, who all gave -me kindly help so long ago. And I have further to declare my obligations -to Mr. Walter Rye, a gentleman well known as the best living authority -on Norfolk topography and families, for most friendly and useful -assistance in the way of notes and suggestions towards later editions. -I have also quite recently received help (confessed elsewhere) from the -Rev. William Hudson of Eastbourne, and have further had my attention -called to significant documents in the Public Record Office by some of -my old friends and colleagues there. - -But among the departed, there is one whom I have reserved for mention by -himself, not so much for any particular assistance given me long ago in -the preparation of this work as for the previous education in historical -study which I feel that I received from intercourse with him. I had been -years engaged in the public service, and always thought that the records -of the realm ought to be better utilised than they were in those days -for the purpose of historical research; but how even Record clerks were -to become well acquainted with them under the conditions then existing -it was difficult to see. For each of us had his own little task assigned -to him, and had really very little opportunity, if ever so willing, to -go beyond it. Nor was there too much encouragement given under official -regulations to anything like historical training; for the Record Office, -when first constituted, was supposed to exist for the sake of litigants -who wanted copies of documents, rather than for that of historical -students who wanted to read them with other objects. Besides, people did -not generally imagine then that past history could be rewritten, except -by able and graphic pens which, perhaps, could put new life into old -facts without a very large amount of additional research. The idea that -the country contained vast stores of long-neglected letters capable of -yielding up copious new information to supplement and to correct the old -story of our national annals had hardly dawned upon anybody--least of -all, perhaps, on humble officials bound to furnish office copies of -'fines' and 'recoveries' and antiquated legal processes. Even the State -Papers, at that time, were kept apart from the Public Records, and could -only be consulted by special permission from a Secretary of State. No -clerk, either of the Record or State Paper Department, knew more than -was contained within his own particular province. But by the wise policy -of the late Lord Romilly these red-tape bands were ultimately broken; -and just at that time I had the rare privilege of being appointed to -assist the late Reverend John S. Brewer in one of the great works which -his Lordship set on foot to enable the British public to understand the -value of its own MSS. It was to this association with Mr. Brewer that I -feel I owe all my historical training, and I made some acknowledgment of -that debt in 1872 when I dedicated to him my first edition of this work. - - - - -INTRODUCTION - - -_The Paston Family_ - -The little village of Paston, in Norfolk, lies not far from the sea, -where the land descends gently behind the elevated ground of Mundesley, -and the line of the shore, proceeding eastward from Cromer, begins to -tend a little more towards the south. It is about twenty miles north of -Norwich. The country, though destitute of any marked features, is not -uninteresting. Southwards, where it is low and flat, the ruins of -Bromholm Priory attract attention. But, on the whole, it is an -out-of-the-way district, unapproachable by sea, for the coast is -dangerous, and offering few attractions to those who visit it by land. -Indeed, till quite recently, no railways had come near it, and the means -of access were not superabundant. Here, however, lived for several -centuries a family which took its surname from the place, and whose -private correspondence at one particular epoch sheds no inconsiderable -light on the annals of their country. - -Of the early history of this family our notices are scanty and -uncertain. A Norman descent was claimed for them not only by the county -historian Blomefield but by the laborious herald, Francis Sandford, -author of a _Genealogical History of the Kings of England_, on the -evidence of documents which have been since dispersed. Sandford's -genealogy of the Paston family was drawn up in the year 1674, just after -Sir Robert Paston had been raised to the peerage by the title of -Viscount Yarmouth, before he was promoted to the higher dignity of earl. -It still remains in MS.; but a pretty full account of it will be found -in the fourth volume of _Norfolk Archæology_. The story of the early -ancestors, however, does not concern us here. At the time the family and -their doings become best known to us, their social position was merely -that of small gentry. One of these, however, was a justice of the Common -Pleas in the reign of Henry VI., whose uprightness of conduct caused him -to be commonly spoken of by the name of the Good Judge. He had a son, -John, brought up to the law, who became executor to the old soldier and -statesman, Sir John Fastolf. This John Paston had a considerable family, -of whom the two eldest sons, strange to say, both bore the same -Christian name as their father. They were also both of them soldiers, -and each, in his time, attained the dignity of knighthood. But of them -and their father, and their grandfather the judge, we shall have more to -say presently. After them came Sir William Paston, a lawyer, one of -whose daughters, Eleanor, married Thomas Manners, first Earl of Rutland. -He had also two sons, of whom the first, Erasmus, died before him. -[Sidenote: Clement Paston.] The second, whose name was Clement, was -perhaps the most illustrious of the whole line. Born at Paston Hall, in -the immediate neighbourhood of the sea, he had an early love for ships, -was admitted when young into the naval service of Henry VIII., and -became a great commander. In an engagement with the French he captured -their admiral, the Baron de St. Blankheare or Blankard, and kept him -prisoner at Caister, near Yarmouth, till he had paid 7000 crowns for his -ransom, besides giving up a number of valuables contained in his ship. -Of this event Clement Paston preserved till his death a curious memorial -among his household utensils, and we read in his will that he bequeathed -to his nephew his 'standing bowl called the Baron St. Blankheare.' He -served also by land as well as by sea, and was with the Protector -Somerset in Scotland at the battle of Pinkie. In Mary's reign he is said -to have been the person to whom the rebel Sir Thomas Wyat surrendered. -In his later years he was more peacefully occupied in building a fine -family seat at Oxnead. He lived till near the close of the reign of -Elizabeth, having earned golden opinions from each of the sovereigns -under whom he served. 'Henry VIII.,' we are told, 'called him his -champion; the Duke of Somerset, Protector in King Edward's reign, called -him his soldier; Queen Mary, her seaman; and Queen Elizabeth, her -father.'[27-1] - - [Footnote 27-1: Blomefield's _History of Norfolk_, vi. 487, 488.] - -Clement Paston died childless, and was succeeded by his nephew, another -Sir William, whose name is well known in Norfolk as the founder of North -Walsham School, and whose effigy in armour is visible in North Walsham -Church, with a Latin epitaph recording acts of munificence on his part, -not only to the grammar-school, but also to the cathedrals of Bath and -Norwich, to Gonville and Caius College, Cambridge, and to the poor at -Yarmouth. - -From Sir William the line descended through Christopher Paston (who, on -succeeding his father, was found to be an idiot, incapable of managing -his affairs), Sir Edmund and Sir William Paston, Baronet, to Sir Robert -Paston, who, in the reign of Charles II., was created, first Viscount -and afterwards Earl of Yarmouth. [Sidenote: The Earl of Yarmouth.] He is -described as a person of good learning, and a traveller who brought home -a number of curiosities collected in foreign countries. Before he was -raised to the peerage he sat in Parliament for Castle Rising. It was he -who, in the year 1664, was bold enough to propose to the House of -Commons the unprecedented grant of two and a half millions to the king -for a war against the Dutch.[27-2] This act not unnaturally brought him -into favour with the Court, and paved the way for his advancement. -Another incident in his life is too remarkable to be passed over. On the -9th of August 1676 he was waylaid while travelling in the night-time by -a band of ruffians, who shot five bullets into his coach, one of which -entered his body. The wound, however, was not mortal, and he lived six -years longer. - - [Footnote 27-2: Clarendon's _Life_, ii. 440.] - -His relations with the Court were not altogether of good omen for his -family. We are told that he once entertained the king and queen, and the -king's brother, James, Duke of York, with a number of the nobility, at -his family seat at Oxnead. His son, William, who became second Earl of -Yarmouth, married the Lady Charlotte Boyle, one of King Charles's -natural daughters. This great alliance, and all the magnificence it -involved, was too much for his slender fortunes. Earl William was led -into a profuse expenditure which involved him in pecuniary difficulties. -He soon deeply encumbered his inheritance; the library and the -curiosities collected by his accomplished father had to be sold. The -magnificent seat at Oxnead was allowed to fall into ruin; and on the -death of this second earl it was pulled down, and the materials turned -into money to satisfy his creditors. The family line itself came to an -end, for Earl William had survived all his male issue, and the title -became extinct. - -From this brief summary of the family history we must now turn to a more -specific account of William Paston, the old judge in the days of Henry -VI., and of his children. [Sidenote: Thrifty ancestors.] Of them, and of -their more immediate ancestor Clement, we have a description drawn by an -unfriendly hand some time after the judge's death; and as it is, -notwithstanding its bias, our sole authority for some facts which should -engage our attention at the outset, we cannot do better than quote the -paper at length:-- - - '_A remembrance of the worshipful kin and ancestry of Paston, born - in Paston in Gemyngham Soken._ - - 'First, There was one Clement Paston dwelling in Paston, and he was - a good, plain husband (_i.e._ husbandman), and lived upon his land - that he had in Paston, and kept thereon a plough all times in the - year, and sometimes in barlysell two ploughs. The said Clement yede - (_i.e._ went) at one plough both winter and summer, and he rode to - mill on the bare horseback with his corn under him, and brought home - meal again under him, and also drove his cart with divers corns to - Wynterton to sell, as a good husband[man] ought to do. Also, he had - in Paston a five score or a six score acres of land at the most, and - much thereof bond land to Gemyngham Hall, with a little poor - water-mill running by a little river there, as it appeareth there of - old time. Other livelode nor manors had he none there, nor in none - other place. - - 'And he wedded Geoffrey of Somerton (whose true surname is Goneld)'s - sister, which was a bondwoman, to whom it is not unknown (to the - prior of Bromholm and Bakton also, as it is said) if that men will - inquire. - - 'And as for Geoffrey Somerton, he was bond also, to whom, etc., he - was both a pardoner and an attorney; and then was a good world, for - he gathered many pence and half-pence, and therewith he made a fair - chapel at Somerton, as it appeareth, etc. - - 'Also, the said Clement had a son William, which that he set to - school, and often he borrowed money to find him to school; and after - that he yede (went) to court with the help of Geoffrey Somerton, his - uncle, and learned the law, and there begat he much good; and then - he was made a serjeant, and afterwards made a justice, and a right - cunning man in the law. And he purchased much land in Paston, and - also he purchased the moiety of the fifth part of the manor of - Bakton, called either Latymer's, or Styward's, or Huntingfield, - which moiety stretched into Paston; and so with it, and with another - part of the said five parts he hath seignory in Paston, but no manor - place; and thereby would John Paston, son to the said William, make - himself a lordship there, to the Duke (qu. Duchy?) of Lancaster's - great hurt. - - 'And the said John would and hath untruly increased him by one - tenant, as where that the prior of Bromholm borrowed money of the - said William for to pay withal his dismes, the said William would - not lend it him unless the said prior would mortgage to the said - William one John Albon, the said prior's bondsman, dwelling in - Paston, which was a stiff churl and a thrifty man, and would not - obey him unto the said William; and for that cause, and for evil - will that the said William had unto him, he desired him of the - prior. And now after the death of the said William, the said John - Albon died; and now John Paston, son to the said William, by force - of the mortgage sent for the son of the said John Albon to Norwich.' - -The reader will probably be of opinion that several of the facts here -recorded are by no means so discreditable to the Pastons as the writer -certainly intended that they should appear. The object of the whole -paper is to cast a stigma on the family in general, as a crafty, -money-getting race who had risen above their natural rank and station. -It is insinuated that they were originally mere _adscripti glebæ_; that -Clement Paston was only a thrifty husbandman (note the original -signification of the word, 'housebondman'), that he married a bondwoman, -and transmitted to his son and grandson lands held by a servile tenure; -and the writer further contends that they had no manorial rights in -Paston, although William Paston, the justice, had purchased land in the -neighbourhood, and his son John was endeavouring to 'make himself a -lordship' there to the prejudice of the rights of the Duchy of -Lancaster. It is altogether a singular statement, very interesting in -its bearing upon the obscure question of the origin of copyholds, and -the gradual emancipation of villeins. Whether it be true or false is -another question; if true, it appears to discredit entirely the supposed -Norman ancestry of the Pastons; but the remarkable thing is that an -imputation of this kind could have been preferred against a family who, -whatever may have been their origin, had certainly long before obtained -a recognised position in the county. - -It would appear, however, from the accuser's own statement, that Clement -Paston, the father of the justice, was an industrious peasant, who -tilled his own land, and who set so high a value on a good education -that he borrowed money to keep his son at school. With the help of his -brother-in-law, he also sent the young man to London to learn the law, -a profession which in that day, as in the present, was considered to -afford an excellent education for a gentleman.[30-1] The good education -was not thrown away. [Sidenote: William Paston the justice.] William -Paston rose in the profession and became one of its ornaments. He -improved his fortunes by marrying Agnes, daughter and heiress of Sir -Edmund Berry of Harlingbury Hall, in Hertfordshire. Some years before -his father's death, Richard Courtenay, Bishop of Norwich, appointed him -his steward. In 1414 he was called in, along with two others, to -mediate in a dispute which had for some time prevailed in the city of -Norwich, as to the mode in which the mayors should be elected; and -he had the good fortune with his coadjutors to adjust the matter -satisfactorily.[30-2] In 1421 he was made a serjeant, and in 1429 a -judge of the Common Pleas.[30-3] Before that time we find him acting -as trustee for various properties, as of the Appleyard family in -Dunston,[30-4] of Sir Richard Carbonel,[30-5] Sir Simon Felbrigg,[30-6] -John Berney,[31-1] Sir John Rothenhale,[31-2] Sir John Gyney of -Dilham,[31-3] Lord Cobham,[31-4] and Ralph Lord Cromwell.[31-5] He was -also executor to Sir William Calthorp.[31-6] The confidence reposed in -him by so many different persons is a remarkable testimony to the esteem -in which he was held. He was, moreover, appointed one of the king's -council for the duchy of Lancaster, and on his elevation to the judicial -bench the king gave him a salary of 110 marks (£73, 6s. 8d.), with two -robes more than the ordinary allowance of the judges. - - [Footnote 30-1: 'Here everything good and virtuous is to be - learned; all vice is discouraged and banished. So that knights, - barons, and the greatest nobility of the kingdom, often place - their children in those Inns of Court; not so much to make the law - their study, much less to live by the profession (having large - patrimonies of their own), but to form their manners, and to - preserve them from the contagion of vice.'--_Fortescue de Laudibus - Legum Angliæ_ (ed. Amos), 185.] - - [Footnote 30-2: Blomefield's _Norfolk_, iii. 126.] - - [Footnote 30-3: Dugdale's _Origines_.] - - [Footnote 30-4: Blomefield, v. 56.] - - [Footnote 30-5: _Ibid._ ii. 257, 285; vii. 217.] - - [Footnote 30-6: _Ibid._ viii. 109.] - - [Footnote 31-1: Blomefield, x. 67.] - - [Footnote 31-2: _See_ Letter 13.] - - [Footnote 31-3: Blomefield, vi. 353.] - - [Footnote 31-4: _Ibid._ x. 176.] - - [Footnote 31-5: _Ibid._ v. 27.] - - [Footnote 31-6: _Ibid._ vi. 517.] - -In addition to all this he is supposed to have been a knight, and is -called Sir William Paston in Fenn's publication. But this dignity was -never conferred upon him in his own day. [Sidenote: Not a knight.] There -is, indeed, one paper printed by Fenn from the MSS. which were for a -long time missing that speaks of him in the heading as 'Sir William -Paston, Knight'; but the original MS. since recovered shows that the -heading so printed is taken from an endorsement of a more modern date. -This was, indeed, a confident surmise of mine at a time when the MS. was -inaccessible; for it was clear that William Paston never could have been -knighted. His name occurs over and over again on the patent rolls of -Henry VI. He is named in at least one commission of the peace every year -to his death, and in a good many other commissions besides, as justices -invariably were. He is named also in many of the other papers of the -same collection, simply as William Paston of Paston, Esquire; and even -in the body of the petition so inaccurately headed, he is simply styled -William Paston, one of the justices. Nor does there appear to be any -other foundation for the error than that single endorsement. He left a -name behind him of so great repute, that Fuller could not help giving -him a place among his 'Worthies of England,' although, as he remarks, it -did not fall strictly within the plan of his work to notice a lawyer who -was neither a chief justice nor an author. - -[Sidenote: His character.] Of his personal character we are entitled to -form a favourable 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. [Sidenote: 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 Grys, and insinuating -that even worse things were in store for him. - - [Footnote 32-1: No. 25.] - - [Footnote 32-2: _See_ No. 6. Compare J. Amundesham Annales, 16. In - the latter Grys's Christian name is given as William, and the - outrage is said to have taken place on Christmas Day instead of - New Year's Eve.] - -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. [Sidenote: 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 that see, the -Vatican archives show that he was provided to it on the 23rd May -1425.[34-1] - - [Footnote 34-1: Nos. 10, 11, 12. Maziere Brady in his book on the - _Episcopal Succession_, vol. ii. p. 79, gives the following entry - from the archives of the Vatican:-- - - 'Die 10{o} kal. Junii 1425, provisum est ecclesiæ Corcagen. in - Hibernia, vacanti per mortem Milis (_Milonis_), de persona Ven. - Fratris Johannis Pasten, prioris conventualis Prioratus Bromholm, - Ordinis Cluniacensis.'--_Vatican_. - - Also on Sept. 14, 1425, 'Johannes Paston, Dei gratia electus - Korkagen, solvit personaliter 120 florenos auri,' etc. - --_Obligazioni_.] - - [[Fratris Johannis Pasten ... Ordinis Cluniacensis.' - _text reads 'Fratis ... Chuniacensis'_]] - -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.' - - [Footnote 34-2: Printed in Appendix to this introduction.] - -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. [Sidenote: 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. - - [Footnote 35-1: No. 20.] - - [Footnote 35-2: _See_ No. 47, p. 56.] - -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 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. - -[Sidenote: 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 [Sidenote: 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 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. - - [Footnote 36-1: No. 7.] - - [Footnote 36-2: Patent 6th July, 21 Henry VI., p. 1, m. 10.] - - [Footnote 37-1: _Inquis. a. q. d._ (arranged with _Inquisitions - post-mortem_), 21 Henry VI., No. 53.] - -[Sidenote: John Paston has disputes with his neighbours.] But it would -seem upon the judge's death his great designs were for some time -interrupted. The family were looked upon by many as upstarts, and young -John Paston, who was only four-and-twenty, though bred to the law like -his father, could not expect to possess the same weight and influence -with his neighbours. A claim was revived by the lord of Gimingham Hall -to a rent of eight shillings from one of Paston's tenants, which had -never been demanded so long as the judge was alive. The vicar of Paston -pulled up the 'doles' which were set to mark the new highway, and -various other disturbances were committed by the neighbours. It seems to -have required all the energies not only of John Paston upon the spot, -but also of his brother Edmund, who was in London at Clifford's Inn, to -secure the rights of the family; insomuch that their mother, in writing -to the latter of the opposition to which they had been exposed, -expresses a fear lest she should make him weary of Paston.[37-2] And, -indeed, if Edmund Paston was not weary of the dispute, his mother -herself had cause to be; for it not only lasted years after this, but -for some years after Edmund Paston was dead the stopping of the king's -highway was a fruitful theme of remonstrance. When Agnes Paston built a -wall it was thrown down before it was half completed; threats of heavy -amercements were addressed to her in church, and the men of Paston spoke -of showing their displeasure when they went in public procession on St. -Mark's day.[37-3] - - [Footnote 37-2: Letter 62.] - - [Footnote 37-3: Nos. 194, 195, 196.] - -[Sidenote: Oxnead.] The Manor of Oxnead, which in later times became the -principal seat of the family, was also among the possessions purchased -by Judge Paston. He bought it of William Clopton of Long Melford, and -settled it upon Agnes, his wife. But after his death her right to it was -disputed. It had formerly belonged to a family of the name of Hauteyn, -and there suddenly started up a claimant in the person of one John -Hauteyn, whose right to hold property of any kind was [Sidenote: John -Hauteyn.] supposed to have been entirely annulled by the fact of his -having entered the Order of Carmelite Friars. It seems, however, he had -succeeded in getting from the Pope a dispensation to renounce the Order -on the plea that he had been forced into it against his will when he was -under age, and being thus restored by the ecclesiastical power to the -condition of a layman, he next appealed to the civil courts to get back -his inheritance. This danger must have been seen by William Paston -before his death, and a paper was drawn up (No. 46) to show that Hauteyn -had been released from his vows on false pretences. Nevertheless he -pursued his claim at law, and although he complained of the difficulty -of getting counsel (owing, as he himself intimated, to the respect in -which the bar held the memory of Judge Paston, and the fact that his son -John was one of their own members), he seems to have had hopes of -succeeding through the influence of the Duke of Suffolk. His suit, -however, had not been brought to a successful determination at the date -of Suffolk's fall. It was still going on in the succeeding summer; but -as we hear no more of it after that, we may presume that the altered -state of the political world induced him to abandon it. According to -Blomefield, he and others of the Hauteyn family released their rights to -Agnes Paston 'about 1449'; but this date is certainly at least a year -too early.[38-1] - - [Footnote 38-1: Nos. 63, 87, 93, 128; Blomefield, vi. 479.] - -William Paston also purchased various other lands in the county of -Norfolk.[38-2] Among others, he purchased from Thomas Chaucer, a son of -the famous poet, the manor of Gresham,[39-1] of which we shall have -something more to say a little later. We also find that in the fourth -year of Henry VI. he obtained, in conjunction with one Thomas Poye, -a grant of a market, fair and free-warren in his manor of Shipden which -had belonged to his father Clement before him.[39-2] - - [Footnote 38-2: It would appear that he had also an estate at - Therfield, in Hertfordshire, as shown by an inscription in the - east window of the north aisle of the parish church, in which were - portraits of himself and his wife underwritten with the words, - _Orate pro animabus domini Willelmi Paston et Agnetis uxoris ejus, - benefactorum hujus ecclesiæ_ (Chauncey's _Hertfordshire_, 88).] - - [Footnote 39-1: Blomefield, viii. 127.] - - [Footnote 39-2: _Patent Roll_, 4 Henry VI., p. 2, m. 13; - Blomefield, viii. 102. A further notice relating to Judge Paston - has been given me by Sir James Ramsay in the following - memorandum:--'£432 for arrears of salary due to late William - Paston, paid to his executor, John Paston, from _parva custuma_ of - the port of London. L.T.R. Enrolled Customs Account of Henry VI. - (entry 8 Nov. 37 Hen. VI.--Mich. 38 Hen. VI.)' in Public Record - Office. So the arrears of the judge's salary were only paid in - 1458, fourteen years after his death.] - -[Sidenote: John Paston's marriage.] The notices of John Paston begin -when he was on the eve of marrying, a few years before his father's -death. The match was evidently one that was arranged by the parents, -after the fashion of the times. The lady was of a good family--daughter -and heiress of John Mauteby, Esq. of Mauteby in Norfolk. The friends on -both sides must have been satisfied that the union was a good one; for -it had the one great merit which was then considered everything--it was -no disparagement to the fortunes or the rank of either family. Beyond -this hard business view, indeed, might have been found better arguments -to recommend it; but English men and women in those days did not read -novels, and had no great notion of cultivating sentiment for its own -sake. Agnes Paston writes to her husband to intimate 'the bringing home -of the gentlewoman from Reedham,' according to the arrangement he had -made about it. It was, in her words, 'the first acquaintance between -John Paston and the said gentlewoman' (one would think Dame Agnes must -have learned from her husband to express herself with something of the -formality of a lawyer); and we are glad to find that the young lady's -sense of propriety did not spoil her natural affability. 'She made him -gentle cheer in gentle wise, and said he was verily your son; and so I -hope there shall need no great treaty between them.' Finally the judge -is requested by his wife to buy a gown for his future daughter-in-law, -to which her mother would add a goodly fur. 'The gown,' says Dame Agnes, -'needeth for to be had; and of colour it would be a goodly blue, or else -a bright sanguine.'[40-1] - - [Footnote 40-1: No. 34.] - -[Sidenote: Character of his wife.] 'The gentlewoman' thus introduced to -John Paston and the reader proved to the former a most devoted wife -during about six-and-twenty years of married life. Her letters to her -husband form no inconsiderable portion of the correspondence in these -volumes, and it is impossible to peruse them without being convinced -that the writer was a woman not only of great force of character, but of -truly affectionate nature. It is true the ordinary style of these -epistles is very different from that of wives addressing their husbands -nowadays. There are no conventional expressions of tenderness--the -conventionality of the age seems to have required not tenderness but -humility on the part of women towards the head of a family; the subjects -of the letters, too, are for the most part matters of pure business; yet -the genuine womanly nature is seen bursting out whenever there is -occasion to call it forth. Very early in the correspondence we meet with -a letter of hers (No. 47) which in itself is pretty sufficient evidence -that women, at least, were human in the fifteenth century. Her husband -was at the time in London just beginning to recover from an illness -which seems to have been occasioned by some injury he had met with. His -mother had vowed to give an image of wax the weight of himself to Our -Lady of Walsingham on his recovery, and Margaret to go on a pilgrimage -thither, and also to St. Leonard's at Norwich. That she did not -undertake a journey of a hundred miles to do more efficient service was -certainly not owing to any want of will on her part. The difficulties of -travelling in those days, and the care of a young child, sufficiently -account for her remaining in Norfolk; but apparently even these -considerations would not have deterred her from the journey had she not -been dissuaded from it by others. 'If I might have had my will,' she -writes, 'I should have seen you ere this time. I would ye were at home, -if it were for your ease (and your sore might be as well looked to here -as it is there ye be), now liever than a gown, though it were of -scarlet.' Could the sincerity of a woman's wishes be more artlessly -expressed? - -Let not the reader suppose, however, that Margaret Paston's acknowledged -love of a scarlet gown indicates anything like frivolity of character or -inordinate love of display. We have little reason to believe from her -correspondence that dress was a ruling passion. The chief aim -discernible in all she writes--the chief motive that influenced -everything she did--was simply the desire to give her husband -satisfaction. And her will to do him service was, in general, only -equalled by her ability. During term time, when John Paston was in -London, she was his agent at home. It was she who negotiated with -farmers, receiving overtures for leases and threats of lawsuits, and -reported to her husband everything that might affect his interests, with -the news of the country generally. Nor were threats always the worst -thing she had to encounter on his account. For even domestic life, in -those days, was not always exempt from violence; and there were at least -two occasions when Margaret had to endure, in her husband's absence, -things that a woman ought to have been spared. - -[Sidenote: The Manor of Gresham.] One of these occasions we proceed to -notice. The manor of Gresham, which William Paston had purchased from -the son of the poet Chaucer, had been in the days of Edward II. the -property of one Edmund Bacon, who obtained from that king a licence to -embattle the manor-house. It descended from him to his two daughters, -Margaret and Margery. The former became the wife of Sir William de -Kerdeston, and her rights were inherited by a daughter named Maud, who -married Sir John Burghersh.[41-1] This moiety came to Thomas Chaucer by -his marriage with Maud Burghersh, the daughter of the Maud just -mentioned. The other became at first the property of Sir William -Molynes, who married Bacon's second daughter Margery. But this Margery -having survived her husband, made a settlement of it by will, according -to which the reversion of it after the decease of one Philip Vache and -of Elizabeth his wife, was to be sold; and William, son of Robert -Molynes, was to have the first option of purchase. This William Molynes -at first declined to buy it, being apparently in want of funds; but he -afterwards got one Thomas Fauconer, a London merchant, to advance the -purchase-money, on an agreement that his son should marry Fauconer's -daughter. The marriage, however, never took effect; the Molynes family -lost all claim upon the manor, and the same Thomas Chaucer who acquired -the other moiety by his wife, purchased this moiety also, and conveyed -both to William Paston.[42-1] - - [Footnote 41-1: _Inquisitions post-mortem_, 27 Edw. III., No. 28, - and 30 Edw. III., No. 42. Blomefield inaccurately makes Maud, - whom Sir John Burghersh married, the daughter of Edmond Bacon - instead of his granddaughter.--(_Hist. of Norf._ viii. 127.)] - - [Footnote 42-1: No. 16. Blomefield gives a somewhat different - account, founded doubtless on documents to which I have not had - access. He says that Margery, widow of Sir William Molynes, - settled her portion of the manor on one Thomas de la Lynde, with - the consent of her son Sir William Molynes, who resigned all claim - to it.] - - [[Footnote 41-1: _Inquisitions post-mortem_, 27 Edw. III., - _comma after "III." missing_]] - -The whole manor of Gresham thus descended to John Paston, as his -father's heir. But a few years after his father's death he was troubled -in the possession of it by Robert Hungerford, son of Lord Hungerford, -who, having married Eleanor Molynes, a descendant of the Sir William -Molynes above referred to, had been raised to the peerage as Lord -Molynes,and laid claim to the whole inheritance of the [Sidenote: -Claimed by Lord Molynes.] Molynes family. He was still but a young -man,[42-2] heir-apparent to another barony; and, with the prospect of a -great inheritance both from his father and from his mother, who was the -daughter and sole heir of William Lord Botraux, he certainly had little -occasion to covet lands that were not his own. Nevertheless he listened -to the counsels of John Heydon of Baconsthorpe, a lawyer who had been -sheriff and also recorder of Norwich, and whom the gentry of Norfolk -looked upon with anything but goodwill, regarding him as the ready tool -of every powerful oppressor. His chief patron, with whom his name was -constantly coupled, was Sir Thomas Tuddenham; and the two together, -especially during the unpopular ministry of the Duke of Suffolk, -exercised an ascendency in the county, of which we hear very numerous -complaints. Heydon persuaded Lord Molynes that he had a good claim to -the manor of Gresham; and Lord Molynes, without more ado, went in and -took possession on the 17th of February 1448.[43-1] - - [Footnote 42-2: According to the inquisition taken on his father's - death (_Inq. p. m._, 37 Hen. VI., No. 17), he was over thirty in - June 1459. If we are to understand that he was then only in his - thirty-first year, he could not have been twenty when he first - dispossessed John Paston of Gresham. But 'over thirty' may perhaps - mean two or three years over.] - - [Footnote 43-1: No. 102.] - -To recover his rights against a powerful young nobleman connected with -various wealthy and influential families required, as John Paston knew, -the exercise of great discretion. Instead of resorting at once to an -action at law, he made representations to Lord Molynes and his legal -advisers to show how indefensible was the title they had set up for him. -He secured some attention for his remonstrances by the intercession of -Waynflete, bishop of Winchester.[43-2] Conferences took place between -the counsel of both parties during the following summer, and the -weakness of Lord Molynes' case was practically confessed by his -solicitors, who in the end told Paston to apply to his lordship -personally. Paston accordingly, at no small expense to himself, went and -waited upon him at Salisbury and elsewhere, but was continually put off. -At last, on the 6th of October, not, as I believe, the same year, but -the year following, he succeeded in doing to Lord Molynes to some extent -what Lord Molynes had already done to him. He took possession of 'a -mansion within the said town,' and occupied it himself, having doubtless -a sufficiency of servants to guard against any sudden surprise. After -this fashion he maintained his rights for a period of over three months. -The usual residence of Lord Molynes was in Wiltshire, and his agents -probably did not like the responsibility of attempting to remove John -Paston without express orders from their master. But on the 28th of -January 1450, while John Paston was away in London on business, there -came before the mansion at Gresham a company of a thousand persons, sent -to recover possession for Lord Molynes. They were armed with cuirasses -and brigandines, with guns, bows, and arrows, and with every kind of -offensive and defensive armour. They had also mining instruments, long -poles with hooks, called cromes, used for pulling down houses, ladders, -pickaxes, and pans with fire burning in them. With these formidable -implements they beset the house, at that time occupied only by Margaret -Paston and twelve other persons; and having broken open the outer gates, -they set to work undermining the very chamber in which Margaret was. -Resistance under the circumstances was impossible. Margaret was forcibly -carried out. The house was then thoroughly rifled of all that it -contained--property estimated by John Paston at £200[44-1]--the -doorposts were cut asunder, and the place was left little better than a -ruin. Further, that there might be no mistake about the spirit in which -the outrage was perpetrated, the rioters declared openly, that if they -had found John Paston, or his friend John Damme, who had aided him with -his counsel about these matters, neither of them should have escaped -alive.[44-2] - - [Footnote 43-2: No. 79.] - - [Footnote 44-1: A value probably equal to about £3000 of our - money.] - - [Footnote 44-2: Nos. 102, 135.] - -John Paston drew up a petition for redress to Parliament, and another to -the Lord Chancellor; but it was some months before his case could be -attended to, for that year was one of confusion and disorder -unparalleled. It was that year, in fact, which may be said to have -witnessed the first outbreak of a long, intermittent civil war. History -has not passed over in silence the troubles of 1450. [Sidenote: Troubled -times, A.D. 1450.] The rebellion of Jack Cade, and the murder of two -bishops in different parts of the country, were facts which no historian -could treat as wholly insignificant. Many writers have even repeated the -old slander, which there seems no good reason to believe, that Jack -Cade's insurrection was promoted by the intrigues of the Duke of York; -but no one appears to me to have realised the precise nature of the -crisis that necessarily followed the removal of the Duke of Suffolk. And -as we have now arrived at the point where the Paston Letters begin to -have a most direct bearing on English history, we must endeavour in a -few words of historical retrospect to make the matter as clear as -possible. - - -_The Duke of Suffolk_ - -[Sidenote: Fall of the Duke of Suffolk.] As to the causes of Suffolk's -fall we are not left in ignorance. Not only do we possess the full text -of the long indictment drawn up against him this year in Parliament, but -a number of political ballads and satires, in which he is continually -spoken of by the name of Jack Napes, help us to realise the feeling with -which he was generally regarded. Of his real merits as a statesman, it -is hard to pronounce an opinion; for though, obviously enough, his whole -policy was a failure, he himself seems to have been aware from the first -that it was not likely to be popular. Two great difficulties he had to -contend with, each sufficient to give serious anxiety to any minister -whatever: the first being the utter weakness of the king's character; -the second, the practical impossibility of maintaining the English -conquests in France. To secure both himself and the nation against the -uncertainties which might arise from the vacillating counsels of one who -seems hardly ever to have been able to judge for himself in State -affairs, he may have thought it politic to ally the king with a woman of -stronger will than his own. At all events, if this was his intention, he -certainly achieved it. The marriage of Henry with Margaret of Anjou was -his work; and from Margaret he afterwards obtained a protection which he -would certainly not have received from her well-intentioned but -feeble-minded husband. - -[Sidenote: The king's marriage.] This marriage undoubtedly recommended -itself to Henry himself as a great means of promoting peace with France. -The pious, humane, and Christian character of the king disposed him -favourably towards all pacific counsels, and gave him a high opinion of -the statesman whose policy most obviously had in view the termination of -the disastrous war between France and England. King René, the father of -Margaret of Anjou, was the brother of the French king's consort; so it -was conceived that by his and Margaret's intercession a permanent peace -might be obtained, honourable to both countries. For this end, Henry was -willing to relinquish his barren title to the kingdom of France, if he -could have been secured in the possession of those lands only, such as -Guienne and Normandy, which he held irrespective of that title.[45-1] He -was willing to relinquish even the duchies of Anjou and Maine, King -René's patrimony, though the latter had long been in the possession of -the English. It was of course out of the question that Henry should -continue to keep the father of his bride by force out of his own lands. -Suffolk therefore promised to give them up to the French king, for the -use of René and his brother, Charles of Anjou; so that instead of the -former giving his daughter a dower, England was called upon to part with -some of her conquests. But how would the English nation reconcile itself -to such a condition? Suffolk knew well he was treading in a dangerous -path, and took every possible precaution to secure himself. He pleaded -beforehand his own incompetency for the charge that was committed to -him. He urged that his familiarity with the Duke of Orleans and other -French prisoners lately detained in England brought him under suspicion -at home, and rendered him a less fitting ambassador for arranging -matters with France. Finally he obtained from the King and Council an -instrument under the Great Seal, pardoning him beforehand any error of -judgment he might possibly commit in conducting so critical a -negotiation.[46-1] - - [Footnote 45-1: Stevenson's _Wars of the English in France_, i. - 132.] - - [Footnote 46-1: Rymer, xi. 53.] - -His success, if judged by the immediate result, seemed to show that so -much diffidence was unnecessary. The people at large rejoiced in the -marriage of their king; the bride, if poor, was beautiful and -attractive; the negotiator received the thanks of Parliament, -and there was not a man in all the kingdom,--at least in all the -legislature--durst wag his tongue in censure. The Duke of Gloucester, -his chief rival and opponent in the senate, was the first to rise from -his seat and recommend Suffolk, for his services, to the favour of the -Crown.[46-2] If he had really committed any mistakes, they were as yet -unknown, or at all events uncriticised. Even the cession of Maine and -Anjou at this time does not seem to have been spoken of. - - [Footnote 46-2: _Rolls of Parl._ v. 73. That Gloucester secretly - disliked Suffolk's policy, and thought the peace with France too - dearly bought, is more than probable. At the reception of the - French ambassadors in 1445, we learn from their report that Henry - looked exceedingly pleased, especially when his uncle the French - king was mentioned. 'And on his left hand were my Lord of - Gloucester, at whom he looked at the time, and then he turned - round to the right to the chancellor, and the Earl of Suffolk, and - the Cardinal of York, who were there, smiling to them, and it was - very obvious that he made some signal. And it was afterwards - mentioned by-------- (_blank in orig._), that he pressed his - Chancellor's hand and said to him in English, "I am very much - rejoiced that some who are present should hear these words. They - are not at their ease."'--Stevenson's _Wars of the English in - France_, i. 110-11.] - -Happy in the confidence of his sovereign, Suffolk was promoted to more -distinguished honour. From an earl he was raised to the dignity of a -marquis; from a marquisate, a few years later, to a dukedom. He had -already supplanted older statesmen with far greater advantages of birth -and pre-eminence of rank. [Sidenote: Suffolk's ascendency.] The two -great rivals, Humphrey, Duke of Gloucester, and Cardinal Beaufort, were -both eclipsed, and both died, within six weeks of each other, two years -after the king's marriage, leaving Suffolk the only minister of mark. -But his position was not improved by this undisputed ascendency. -[Sidenote: A.D. 1447.] The death of Humphrey, Duke of Gloucester, -aroused suspicions in the public mind that were perhaps due merely to -time and circumstance. Duke Humphrey, with many defects in his -character, had always been a popular favourite, and just before his -death he had been arrested on a charge of treason. That he could not -possibly have remained quiet under the new _régime_ is a fact that we -might presume as a matter of course, but there is no clear evidence that -he was guilty of intrigue or conspiracy. The king, indeed, appears to -have thought he was so, but his opinions were formed by those of Suffolk -and the Queen; and both Suffolk and the Queen were such enemies of Duke -Humphrey, that they were vehemently suspected of having procured his -death.[47-1] - - [Footnote 47-1: An interesting and valuable account of the death - of Duke Humphrey, from original sources, will be found in _The - Hall of Lawford Hall_, pp. 104-13.] - -Complaints against the minister now began to be made more openly, and -his conduct touching the surrender of Anjou and Maine was so generally -censured, that he petitioned the king that a day might be appointed on -which he should have an opportunity of clearing himself before the -Council. On the 25th of May 1447 his wish was granted, and in the -presence of a full Council, including the Duke of York, and others who -might have been expected to be no very favourable critics, he gave a -detailed account of all that he had done. How far he made a really -favourable impression upon his hearers we do not know; but in the end he -was declared to have vindicated his integrity, and a proclamation was -issued forbidding the circulation of such slanders against him in -future, under penalty of the king's displeasure.[48-1] - - [Footnote 48-1: Rymer, xi. 173.] - -The nature of the defence that he set up can only be a matter of -speculation; but it may be observed that as yet no formal delivery of -Anjou or Maine had really taken place at all. The former province, -though it had been before this overrun and laid waste by the English, -does not appear ever to have been permanently occupied by them. Delivery -of Anjou would therefore have been an idle form; all that was required -was that the English should forbear to invade it. But with Maine the -case was different. It had been for a long time in the hands of the -English, and pledges had certainly been given for its delivery by -Suffolk and by Henry himself in December 1445.[48-2] As yet, however, -nothing had been concluded by way of positive treaty. No definite peace -had been made with France. Difficulties had always started up in the -negotiations, and the ambassadors appointed on either side had been -unable to do more than prolong from time to time the existing truce, -leaving the matter in dispute to be adjusted at a personal interview -between the two kings, for which express provision was made at the time -of each new arrangement. But the personal interview never took place. In -August 1445 it was arranged for the following summer. In January 1446 it -was fixed to be before November. In February 1447 it was again to be in -the summer following. In July it was settled to be before May 1448; but -in October the time was again lengthened further.[48-3] There can be -little doubt that these perpetual delays were due merely to hesitation -on the part of England to carry out a policy to which she was already -pledged. Charles, of course, could not allow them to go on for ever. In -the treaty of July 1447, an express provision was for the first time -inserted, that the town and castle of Le Mans, and other places within -the county of Maine, should be delivered up to the French. It seems also -to have been privately arranged that this should be done before the 1st -of November; and that the further treaty made at Bourges on the 15th of -October should not be published until the surrender was -accomplished.[49-1] But the year 1447 had very nearly expired before -even the first steps were taken to give effect to this arrangement. At -length, on the 30th of December, an agreement was made by Matthew Gough, -who had the keeping of Le Mans, that the place should be surrendered by -the 15th of January, on receipt of letters patent from the King of -France, for compensation to be made to grantees of the English crown. - - [Footnote 48-2: _See_ Stevenson's _Wars of the English in France_, - ii. [639] to [642].] - - [Footnote 48-3: Rymer, xi. 97, 108, 151, 182, 189, etc.] - - [Footnote 49-1: Stevenson's _Wars_, ii. [714, 715].] - -Even this arrangement, however, was not adhered to. Matthew Gough still -found reasons for refusing or delaying the surrender, although the -English Government protested the sincerity of its intentions. But -Charles now began to take the matter into his own hands. [Sidenote: -Siege of Le Mans, A.D. 1448.] Count Dunois and others were sent to -besiege the place, with a force raised suddenly out of various towns; -for France had been carefully maturing, during those years of truce, -a system of conscription which was now becoming serviceable. At the first -rumour of these musters the English Government was alarmed, and Sir -Thomas Hoo, Lord Hastings, Henry's Chancellor of France, wrote urgently -to Pierre de Brézé, seneschal of Poitou, who had been the chief -negotiator of the existing truce, deprecating the use of force against -a town which it was the full intention of his Government to yield up -honourably.[49-2] Such protests, however, availed nothing in the face -of the obvious fact that the surrender had not taken place at the time -agreed on. The French continued to muster forces. In great haste an -embassy was despatched from England, consisting of Adam de Moleyns, -Bishop of Chichester, and Sir Thomas Roos; but the conduct of the -garrison itself rendered further negotiation nugatory. By no means could -they be induced, even in obedience to their own king, to surrender the -city peacefully. Dunois and his army accordingly drew nearer. Three -sharp skirmishes took place before the siege could be formed; but at -length the garrison were fully closed in. All that they could now do was -to make a composition with the enemy; yet even this they would not have -attempted of themselves. The efforts of the English envoys, however, -secured for the besieged most favourable terms of surrender. Not only -were they permitted to march out with bag and baggage, but a sum of -money was delivered to each of the captains, by the French king's -orders; with which, and a safe-conduct from Charles, they departed into -Normandy.[50-1] - - [Footnote 49-2: Stevenson's _Wars_, i. 198. _See_ also a letter of - the 18th Feb. 1448, of which an abstract is given in vol. ii. of - the same work, p. 576.] - - [Footnote 50-1: _Chron. de Mat. de Coussy_ (in Buchon's - collection), p. 34.] - -It was on Friday, the 15th of March 1448, the day on which the truce -between the two countries was to have expired, that the brave Matthew -Gough, along with his colleague, Fulk Eton, formally delivered up to the -French, not only the town and castle of Le Mans, but also the whole -county of Maine except the lordship of Fresnay. [Sidenote: Its -surrender.] Standing on the outer bridge, they made a public protest -before their soldiers, and caused a notary to witness it by a formal -document, that what they did was only in obedience to their own king's -commands, and that the king himself, in giving up possession of the -county of Maine, by no means parted with his sovereign rights therein; -that he only gave up actual possession in order that King René and his -brother, Charles of Anjou, might enjoy the fruits of their own lands, -and in the hope that a firm peace might be established between England -and France. Four days before this was done the truce had been prolonged -for two years more.[50-2] - - [Footnote 50-2: Rymer, xi. 199, 204. Stevenson's _Wars_, i. 207.] - -The reluctant cession of such a valuable province as Maine boded ill for -the security of the neighbouring duchy of Normandy. The government of -Normandy was at this time committed to Edmund Beaufort, Marquis of -Dorset, who had just been created Duke of Somerset. His appointment to -the post had been due rather to favour than to merit. The Duke of York -was then Regent of France, and had given good proof of his competence to -take charge of the entire kingdom. But Somerset, who was head of the -house of Beaufort, nearly allied in blood to the Crown, and who had come -into possession of immense wealth by the death of his uncle, the -Cardinal of Winchester, had the ambition of an Englishman to show his -talent for governing. His influence with the king and Suffolk obtained -for him the government of Normandy; and that he might exercise it -undisturbed, York was recalled from France. The change was ill advised; -for the times demanded the best of generalship, and the utmost political -discretion. Somerset, though not without experience in war, had given no -evidence of the possession of such qualities; and they had been -notoriously wanting in his brother John, who was Duke of Somerset before -him, when his ambition, too, had been gratified by a command in France. -Duke John, we are told, absolutely refused to give any one his -confidence as to what he was going to do at any period of the campaign. -He used to say that if his shirt knew his plans he would burn it; and -so, with a great deal of manoeuvring and mystery, he captured a small -place in Britanny called La Guerche, made a vain attempt to reduce -another fortress, and then returned to England.[51-1] It may have been -owing to public discontent at the small result of his great -preparations, that he was accused of treason on his return; when, unable -to endure so great a reproach, he was believed to have put an end to his -own life.[51-2] - - [Footnote 51-1: Basin, _Histoire de Charles VII._ etc. i. 150-1.] - - [Footnote 51-2: _Hist. Croylandensis Continuatio_ in Fulman's - _Scriptores_, p. 519.] - -With a full recollection of the indiscretions of his brother John, the -King's Council must have hesitated to confide to Duke Edmund such an -important trust as the government of Normandy. They must have hesitated -all the more, as the appointment of Somerset involved the recall of the -Duke of York. And we are told that their acts at the time betrayed -symptoms of such irresolution; insomuch that one day a new governor of -Normandy was proclaimed at Rouen, and the next his commission was -revoked and another named in his stead.[51-3] But at last the influence -of Somerset prevailed. He was not, however, permitted to go abroad -without warning of the dangers against which he had to provide. The -veteran Sir John Fastolf drew up a paper for his guidance, pointing out -that it was now peculiarly important to strengthen the fortifications on -the new frontier, to protect the seaports, to preserve free -communication with England, and (what was quite as politic a suggestion -as any) to appoint a wise chancellor and a council for the impartial -administration of justice, so as to protect the inhabitants from -oppression.[52-1] From the comment made upon these suggestions, either -by Fastolf himself or by his secretary William Worcester, it would seem -that they were not acted upon; and to this cause he attributed the -disasters which soon followed in quick succession, and brought upon the -Duke of Somerset the indignation and contempt of a large number of his -countrymen. These feelings, probably, were not altogether just. The duke -had done good service before in France, and part of the blame of what -occurred may perhaps be attributed to divided management--more -especially to the unruly feelings of a number of the English soldiers. - - [Footnote 51-3: Basin, i. 192.] - - [Footnote 52-1: Stevenson's _Wars_, ii. [592].] - -The garrison which had been compelled against its will to give up Le -Mans found it hard to obtain quarters in Normandy. It was doubtful -whether they were not labouring under their own king's displeasure, and -the captains of fortified towns were afraid to take them in. At last -they took possession of Pontorson and St. James de Beuvron, two towns -situated near the confines of Britanny which had been laid waste during -the previous wars and had since been abandoned. They began to victual -and fortify themselves in these positions, to the alarm of their -neighbours, until the Duke of Britanny felt it necessary to complain to -the Duke of Somerset, requesting that they might be dislodged. Somerset, -in reply, promised to caution them not to do anything in violation of -the truce, but declined to bid them evacuate their positions. Diplomatic -intercourse went on between one side and the other, always in the most -courteous terms, but every day it was becoming more apparent that all -confidence was gone. - -[Sidenote: A.D. 1449.] At last, in March 1449, the English justified the -suspicions that had long been entertained of them. A detachment of about -600 men, under François de Surienne, popularly named L'Arragonois, -a leader in the pay of England,[53-1] who had, not long before, been -knighted by Henry, crossed the frontier southwards into Britanny, -[Sidenote: Capture of Fougères.] took by assault the town and castle of -Fougères, and made dreadful havoc and slaughter among the unsuspecting -inhabitants. The place was full of wealthy merchants, for it was the -centre of a considerable woollen manufacture, and the booty found in it -was estimated at no less than two millions of gold.[53-2] Such a prize -in legitimate warfare would undoubtedly have been well worth the taking; -but under the actual circumstances the deed was a glaring, perfidious -violation of the truce. Somerset had been only a few days before -protesting to the King of France that, even if all his towns were open -and undefended, they would be perfectly secure from any assault by the -English;[53-3] yet here was a town belonging to the Duke of Britanny, -a vassal of the King of France who had been expressly included in the -truce, assaulted and taken by fraud. Somerset disavowed the deed, but -refused to make restitution. He professed to write to the king for -instructions how to act; but he utterly destroyed his flimsy pretence of -neutrality by writing to the King of France, desiring him not to give -assistance to the Duke of Britanny.[53-4] - - [Footnote 53-1: Stevenson's _Wars_, i. 473; ii. 573.] - - [Footnote 53-2: Stevenson's _Reductio Normanniæ_, 406.] - - [Footnote 53-3: _Ibid._ 402.] - - [Footnote 53-4: _Ibid._ 406.] - -The truth is that the expedition had been fully authorised, not only by -Somerset in Normandy, but by the king and the Duke of Suffolk in -England. It was suggested to L'Arragonois when he was in England by -Suffolk himself, who assured him that he would do the king a most -excellent service by taking a place of so much consequence. He was -further given to understand that he incurred no danger or -responsibility; for even if he were besieged by the Duke of Britanny, -ample succours would be despatched to relieve him. Unfortunately, during -the next few months, the English had too much to do to keep their word, -and L'Arragonois was compelled to surrender the place again to the Duke -of Britanny after a five weeks' siege. Feeling himself then absolved -from every engagement to England, he next year sent back the Order of -the Garter to Henry, declaring himself from that time a subject of his -natural lord the King of Arragon, in whose country he proposed to spend -the remainder of his days.[54-1] - - [Footnote 54-1: Stevenson's _Wars_, i. 275, 278, etc.] - -Notwithstanding the richness of the booty won by the capture of -Fougères, the English ought to have been aware that they would have a -heavy price to pay for it. The alienation of a friend in the Duke of -Britanny evidently did not grieve them, although that in itself should -have been a matter of some concern; for the duke, though nearly related -to the French king, had studied to keep himself neutral hitherto. To his -and his father's pacific policy it was owing that the commerce of -Britanny had prospered and Fougères itself become rich, while -neighbouring districts were exposed to the ravages of war. But the -resentment of the Duke of Britanny was not a cause of much apprehension. -The effect of the outrage upon the French people was a much more serious -matter, and this was felt immediately. The King of France, when he heard -the news, was at Montils by Tours on the point of starting for Bourges. -He immediately changed his purpose and turned back to Chinon that he -might be nearer Britanny. A secret treaty was made between the king and -the duke to aid each other on the recommencement of hostilities with the -English. [Sidenote: Pont-de-l'Arche taken by the French.] A plot was -also laid to surprise the town of Pont-de-l'Arche on the Seine, just as -Fougères had been surprised by the English. It was completely -successful, and Pont-de-l'Arche was captured by stratagem early in the -morning of the 16th of May, by a body of adventurers professedly in the -service of Brittany. There could be no mistake about the significance of -the retribution. To the Duke of Britanny the capture of Pont-de-l'Arche -was of no value, except in the way of retaliation, for it was at a great -distance from his borders; while to France it was a most important gain -if used with a view to the recovery of Normandy. But France was quite as -free to disavow the deed as the English Government had been to disavow -the taking of Fougères. - -Charles had, in fact, gained, in a strategic point of view, quite as -great an advantage as the English had gained in point of material -wealth. But morally his advantage was greater still, for he showed -himself perfectly open to treat for the redress of outrages on both -sides, and was willing to put Pont-de-l'Arche again into the hands of -the English if they would have restored Fougères. All conferences, -however, were ineffectual, and the French followed up their advantage by -taking Gerberoy and Conches. In the south they also won from the English -two places in the neighbourhood of Bordeaux.[55-1] Still, Charles had -not yet declared war, and these things were avowedly no more than the -acts of desultory marauders. His ambassadors still demanded the -restitution of Fougères, which possibly the English might now have been -willing to accord if they could have had the French captures restored to -them, but that in the surrender of the place they would have had to -acknowledge Britanny as a feudal dependency of Charles.[55-2] -Negotiations were accordingly broken off, and Charles having besides -received particulars of a breach of the truce with Scotland in the -preceding year, which even an English writer does not venture to -defend,[55-3] at length made a formal declaration of hostilities.[55-4] - - [Footnote 55-1: _Reductio Normanniæ_, 251.] - - [Footnote 55-2: _Ibid._ 503.] - - [Footnote 55-3: 'Eodem anno [26 Hen. VI.], Rex visitans boreales - partes Angliæ usque Donelmense monasterium, quasi omnes domini et - alii plebei illius patriæ in magna multitudine quotidie ei in - obviam ostendebant, quare, concilio habito, minus formidabant - interrumpere trugas inter ipsum et Regem Scotiæ prius suis - sigillis fidelitatis confirmatas; sed posterius hujus trugarum - interruptio vertebatur Anglicis multo magis in dispendium quam - honorem, quia recedente Rege Scoti magnam partem Northumbriæ bina - vice absque repulsu destruxerunt, et juxta Carlele erant ex - Anglicis capti et interfecti ad numerum duorum millium; et sic - tandem Rex Angliæ cum ejus concilio pro saniori deliberatione cum - damnis ad pacem inclinare reducitur.'--_Incerti Scriptoris - Chronicum_ (Ed. Giles), Hen. VI. p. 36.] - - [Footnote 55-4: _Reductio Normanniæ_, 254.] - -Never, it must be owned, did England incur the grave responsibilities of -war with a greater degree of foolhardiness. Somerset himself seemed only -now to have wakened up to the defenceless state of Normandy. He had just -sent over Lord Hastings and the Abbot of Gloucester with a message to -the English Parliament desiring immediate aid. The French, he said, were -daily reinforcing their garrisons upon the frontier, and committing -outrages against the truce. General musters were proclaimed throughout -the kingdom, and every thirty men of the whole population were required -to find a horseman fully equipped for war. Meanwhile, the English -garrisons in Normandy were too feeble to resist attack. Not a single -place was furnished with sufficient artillery, and the fortifications, -almost everywhere, had fallen into such decay that even if filled with -men and guns they could not possibly be defended. Besides this, the -whole province was in such extreme poverty that it could no longer -endure further imposts for the charges of its own defence.[56-1] - - [Footnote 56-1: _Rolls of Parl._ v. 147.] - -[Sidenote: Progress of the French.] No marvel, therefore, that the -progress of the French arms was, from this time, uninterrupted. On the -19th July the town of Verneuil was taken by the aid of a miller who had -been maltreated by some of the garrison; and, some time afterwards, the -castle also surrendered. In August operations were carried on in several -parts of the Duchy at once. Towns near the sea and towns near the French -frontier were attacked at the same time; and Pont-Audemer, Lisieux, -Mantes, Vernon, and other places were recovered from the English. Then -followed in quick succession the capture of Essay, Fécamp, Harcourt, -Chambrois, Roche-Guyon, and Coutances. In October, Rouen, the capital of -the province, was invested. On the 19th the inhabitants with one accord -rose in arms against the English, who found it necessary to retreat into -the castle. In this stronghold Somerset himself was assailed by the King -of France, and, after a vain attempt to secure better terms, agreed to -surrender not only it but the fortresses of Arques, Caudebec, and -several other places, leaving the gallant Talbot, Earl of Shrewsbury, as -a hostage until they were delivered up. Meanwhile, the Duke of Britanny -overran Lower Normandy and recovered his own Fougères after a siege of -little more than a month. François L'Arragonois, finding no hope of -succours, surrendered the place and afterwards went over to the French. - -In short, before the end of the year, the English had lost nearly -everything in the North of France. The inhabitants everywhere conspired -to betray towns and garrisons, and every man not English-born took part -against the English. Even King René, Henry's father-in-law, assisted -Charles at the siege of Rouen, and shared the honours of his triumphal -entry. At the end of the year 1449 the English held nothing in Normandy -except a few towns upon the sea-coast or a little way inland--the chief -of these being Honfleur, Bayeux, Caen, and Cherbourg. The last-named -fortress remained untaken till the 12th of August in the following year. -When it surrendered, the whole of Normandy was finally lost. - -The news of these reverses so rapidly following each other of course -produced in England the most profound dissatisfaction. The Parliament to -which Somerset had applied for aid had been removed after Whitsunday to -Winchester on account of the insalubrity of the air in London and -Westminster, and had been finally dissolved on the 16th of July. A new -Parliament was then called for a winter session to provide for the -defence of Normandy, when, in fact, it was too late.[57-1] By the time -it had assembled Rouen was already lost. [Sidenote: Unpopularity of -Suffolk.] The secret odium with which the policy of Suffolk had been -viewed for years past could now no longer be restrained. It was -difficult to persuade the many that the disgrace which had befallen the -English arms was not due to treachery as much as to incompetence. The -cession of Maine and Anjou was more loudly blamed than ever, and Suffolk -was considered to have negotiated the king's marriage mainly with a view -to his own advantage. It was remembered how he had once imprudently -boasted that he possessed no less weight in the counsels of the King of -France than in those of his own sovereign; it was again murmured that he -had been the cause of Gloucester's death. And notwithstanding the -protection of the Court, these feelings found expression in Parliament. - - [Footnote 57-1: _Rolls of Parl._ v. 143, 171. Even when the new - Parliament met at Westminster on the 6th November it was obliged - to adjourn to the City of London on account of the unhealthiness - of the air. We must remember that Westminster was then little - better than a flat muddy island, with a vast extent of marshy land - and stagnant pools between Pimlico and the Thames.] - -[Sidenote: A.D. 1450.] At the beginning of the New Year, an incident -occurred which served still further to precipitate his ruin. [Sidenote: -Murder of the Bishop of Chichester.] Adam de Moleyns, Bishop of -Chichester, keeper of the Privy Seal, who, as we have seen, had been -sent over to France in the beginning of 1448, to arrange the peaceful -cession of Le Mans, was at this time sent to Portsmouth to pay the wages -of certain soldiers and sailors. He was a scholar as well as a -statesman, and corresponded occasionally with the celebrated Æneas -Sylvius, afterwards Pope Pius II.[58-1] But, like Suffolk, he was -believed to make his own advantage out of public affairs. He had the -reputation of being very covetous; the king's treasury was ill supplied -with money, and he endeavoured to force the men to be satisfied with -less than their due. On this they broke out into open mutiny, cried out -that he was one of those who had sold Normandy, and thereupon put him to -death.[58-2] This was on the 9th day of January 1450. During the -altercation he let fall some words, probably in justification of his own -conduct, which were considered to reflect most seriously upon that of -the Duke of Suffolk,[58-3] and a cry arose for the duke's impeachment in -Parliament. - - [Footnote 58-1: _Æneæ Sylvii Epp._ 80, 186.] - - [Footnote 58-2: According to his friend, Æneas Sylvius, the mode - of death inflicted on him was decapitation. (_Opera_, 443.)] - - [Footnote 58-3: _Rolls of Parl._ v. 176.] - -It must certainly be acknowledged by any candid student of history that -the state of the English Constitution in early times did not admit of -true and impartial justice being done to an accused minister. So long as -a man in Suffolk's position was upheld by the power of the Crown, it was -to the last degree dangerous to say anything against him; but when the -voice of complaint could no longer be restrained, the protection he had -before received ceased to be of any use to him. It became then quite as -dangerous to say anything in his favour as it had been formerly to -accuse him. The Crown could not make common cause with one whose conduct -was under suspicion; for the king could do no wrong, and the minister -must be the scapegoat. The party, therefore, which would insist on any -inquiry into the conduct of a minister, knew well that they must succeed -in getting him condemned, or be branded as traitors themselves. Such -proceedings accordingly began inevitably with intrigue. Lord Cromwell -was Suffolk's enemy at the council-table, and used his influence -secretly with members of the House of Commons, to get them to bring -forward an impeachment in that chamber. That he was a dangerous opponent -Suffolk himself was very well aware. A little before Christmas, William -Tailboys, one of the duke's principal supporters, had set a number of -armed men in wait for him at the door of the Star Chamber, where the -council met, and Lord Cromwell narrowly escaped being killed. The -attempt, however, failed, and Tailboys was committed to the Tower; from -which it would seem that he must soon afterwards have been released. -Cromwell then brought an action against him in the Court of Exchequer to -recover damages for the assault, and was awarded £3000; on which -Tailboys was committed to the Sheriff of London's prison; and this was -all the redress obtained by Cromwell till, by a special Act in the -ensuing Parliament, Tailboys was removed from that place of confinement, -and lodged in the Tower once more, for a period of twelve months. Owing -to the king's protection he was not brought to trial.[59-1] - - [Footnote 59-1: W. Worc. _Rolls of Parl._ v. 200. I find by an - entry in the _Controlment Roll_, 30 Hen. VI., that on St. - Bartholomew's Day, 1451, William Tailboys and nineteen other - persons belonging to South Kyme, in Lincolnshire, were outlawed at - the suit of Elizabeth, widow of John Saunderson, for the murder of - her husband.] - -An evil day, nevertheless, had arrived for the Duke of Suffolk, which -not all the influence of the king, nor the still greater influence of -Margaret of Anjou, who owed to him her proud position as Henry's -consort, was able to avert. On the 22nd of January the duke presented a -petition to the king that he might be allowed to clear himself before -Parliament of the imputations which had been cast on him in consequence -of the dying words of Bishop Moleyns. He begged the king to remember how -his father had died in the service of King Henry V. at Harfleur--how his -elder brother had been with that king at Agincourt--how two other -brothers had fallen in the king's own days at Jargeau, when he himself -was taken prisoner and had to pay £20,000 for his ransom--how his fourth -brother had been a hostage for him in the enemies' hands and died there. -He also reminded the king that he had borne arms for four-and-thirty -years, had been thirty years a Knight of the Garter, and had served in -the wars abroad for seventeen years at a time, without ever coming home. -Since then he had been fifteen years in England about the king's person, -and he prayed God that if ever he died otherwise than in his bed, it -might be in maintaining the quarrel that he had been at all times true -to Henry.[60-1] - - [Footnote 60-1: _Rolls of Parl._ v. 176.] - -Four days after this a deputation from the Commons waited on the Lord -Chancellor, desiring that as Suffolk had confessed the prevalence of -injurious reports against him, he might be committed to custody. This -request was laid by the Chancellor before the king and council on the -following day, and the opinion of the judges being taken as to the -legality of the proposed arrest, he was allowed to remain at liberty -until a definite charge should be brought against him. Such a charge was -accordingly declared two days later by the Speaker, who did not hesitate -to tell the Lord Chancellor, in the name of the Commons, that Suffolk -was believed to be in league with the French king to promote an invasion -of England, and had fortified the castle of Wallingford with a view of -assisting the invaders. The duke, on this, was committed to the Tower. - -[Sidenote: Suffolk impeached.] On the 7th of February he was formally -impeached by the Commons. A copy of the articles of impeachment will be -found in the Paston Letters (No. 76). Nothing was said in them of the -fortification of Wallingford Castle, but a number of specific charges -were made, many of them authenticated by the exact day and place when -the alleged treasonable acts were committed, tending to show that in his -communications with the French he had been invariably opposed to the -interests of his own country. It was alleged that he had been bribed to -deliver Anjou and Maine, and that as long ago as the year 1440 he was -influenced by corrupt motives to promote the liberation of the Duke of -Orleans; that he had disclosed the secrets of the English -council-chamber to the French king's ambassadors; that he had even given -information by which France had profited in the war, and that he had -rendered peace negotiations nugatory by letting the French know -beforehand the instructions given to the English envoys. Further, in the -midst of invasion and national disgrace, he had hoped to gratify his own -ambition. The king, who was still childless, was to be deposed; and the -duke had actually hoped to make his own son king in his place. It seems -that he had obtained some time before a grant of the wardship of -Margaret Beaufort, daughter of the late Duke of Somerset, who was the -nearest heir to the Crown in the Lancastrian line, and since his arrest -he had caused her to be married to his own son, Lord John De la -Pole.[61-1] Such was the foundation on which the worst charge rested. - - [Footnote 61-1: So it is stated in the impeachment. According to - the inquisition on Suffolk's death, his son was born on the 27th - September 1442, and was therefore at this time only in his eighth - year.--Napier's _Historical Notices of Swyncombe and Ewelme_, - 108.] - -A month passed before he was heard in his own defence. The Commons -impeached, but it was for the Lords to try him. Meanwhile, another bill -of indictment had been prepared by the malice of his enemies, in which -all the failures of his policy were visited upon him as crimes, and -attributed to the worst and most selfish motives. For his own private -gain, he had caused the Crown to be prodigal of grants to other persons, -till it was so impoverished that the wages of the household were unpaid, -and the royal manors left to fall into decay. He had granted the earldom -of Kendal, with large possessions both in England and in Guienne, to a -Gascon, who ultimately sided with the French, but had happened to marry -his niece. He had weakened the king's power in Guienne, alienated the -Count of Armagnac, and caused a band of English to attack the king's -German allies; he had disposed of offices to unworthy persons without -consulting the council, granted important possessions in Normandy to the -French king's councillors, given to the French queen £13,000 of the -revenues of England, appropriated and misapplied the king's treasure and -the subsidies granted by Parliament for the keeping of the sea. These -and some minor charges formed the contents of the second bill of -indictment.[61-2] - - [Footnote 61-2: _Rolls of Parl._ v. 179-182.] - -He was brought from the Tower on the 9th day of March, and required to -make answer before the Lords to the contents of both bills. He requested -of the king that he might have copies, which were allowed him; and that -he might prepare his answer more at ease, he was removed for a few days -to a tower within the king's palace at Westminster. [Sidenote: His -defence.] On the 13th he was sent for to make his answer before the king -and lords. Kneeling before the throne, he replied to each of the eight -articles in the first bill separately. He denied their truth entirely, -and offered to prove them false in whatever manner the king would -direct. He declared it absurd to consider Margaret Beaufort as -heir-presumptive to the Crown, and used other arguments to show the -improbability of his designs on the succession. In all else he showed -that the other lords of the council were quite as much committed as he; -and as to the delivery of Anjou and Maine, he laid the responsibility -entirely upon the murdered Bishop of Chichester.[62-1] - - [Footnote 62-1: _Rolls of Parl._ v. 182.] - -Next day, the Chief Justice, by the king's command, asked the Lords what -advice they would give the king in the matter. It was a Saturday, and -the Lords deferred their answer till the following Monday; but on the -Monday nothing was done. On the Tuesday the king sent for all the Lords -then in London to attend him in his own palace, where they met in an -inner chamber. When they were assembled, Suffolk was sent for, and -kneeling down, was addressed briefly by the Lord Chancellor. He was -reminded that he had made answer to the first bill of the Commons -without claiming the right of being tried by the peers; and he was asked -if he had anything further to say upon the subject. He replied that the -accusations were too horrible to be further spoken of, and he hoped he -had sufficiently answered all that touched the king's person, and the -state of his kingdom. Nevertheless, he submitted himself entirely to the -king, to do with him whatever he thought good.[62-2] - - [Footnote 62-2: _Ibid._] - -On this an answer was returned to him in the king's name by the Lord -Chancellor. A miserably weak and evasive answer it was, showing clearly -that the king desired to protect his favourite, but had not the -manliness to avow he thought him worthy of protection. The Lord -Chancellor was commissioned to say, that as to the very serious charges -contained in the first bill, the king regarded Suffolk as not having -been proved either guilty or innocent; but touching those contained in -the second bill, which amounted only to misprisions, as Suffolk did not -put himself upon his peerage, but submitted entirely to the king, the -latter had determined, without consulting the Lords, and not in the way -of judgment (for he was not sitting in tribunal), but merely in virtue -of the duke's own submission, [Sidenote: He is ordered to leave -England.] to bid him absent himself from England for five years, from -the first day of May ensuing.[63-1] - - [Footnote 63-1: _Rolls of Parl._ v. 183.] - -It is clear upon the face of the matter, that although the king was made -to take the sole responsibility of this decision, it was really a thing -arranged, and not arranged without difficulty, between the friends of -Suffolk and some of the leading members of the House of Lords. -Immediately after it was pronounced, Viscount Beaumont, who was one of -Suffolk's principal allies, made a protest on behalf of the Lords, that -what the king had just done, he had done by his own authority, without -their advice and counsel. He accordingly besought the king that their -protest might be recorded in the rolls of Parliament, for their -protection, so that the case might not henceforth be made a precedent in -derogation of the privileges of the peerage.[63-2] Thus it was clearly -hoped on all sides a great crisis had been averted. Suffolk was got rid -of, but not condemned. A victim was given over to popular resentment, -but the rights of the Peers for the future were to be maintained. And -though the Crown lowered itself by an avowed dereliction of duty, it was -not severely censured for preferring expediency to justice. - - [Footnote 63-2: _Ibid._] - -On the following night the duke left Westminster for Suffolk. The people -of London were intensely excited, and about two thousand persons sallied -out to St. Giles' hoping to intercept his departure, but they succeeded -only in capturing his horse and some of his servants, whom they -maltreated, as might have been expected. Even after this the excitement -was scarcely diminished. Seditious manifestoes were thrown about in -public and secretly posted on church doors.[64-1] The duke had more than -a month to prepare for leaving England, and seems to have spent the time -in the county of Suffolk. [Sidenote: He embarks for Flanders.] On -Thursday the 30th of April he embarked at Ipswich for Flanders; but -before going he assembled the gentlemen of the county, and, taking the -sacrament, swore he was innocent of the sale of Normandy and of the -other treasons imputed to him.[64-2] He also wrote an interesting letter -of general admonitions for the use of his young son, at that time not -eight years old, whom he was not to see again for at least five years, -and too probably not at all. This letter, which is known to us only by a -copy preserved in the Paston correspondence (No. 117), can hardly fail -to awaken sympathy with the writer. As an evidence of unaffected piety -to God and sincere loyalty to his king, it will probably outweigh with -most readers all the aspersions cast by Parliament on the purity of his -intentions. - - [Footnote 64-1: Rymer, xi. 268.] - - [Footnote 64-2: W. Worc. 468, 469.] - -Two ships and a little pinnace conveyed him from the Suffolk coast -southwards till he stood off Dover, when he despatched the small vessel -with letters to certain persons in Calais to ascertain how he should be -received if he landed there. The pinnace was intercepted by some ships -which seem to have been lying in wait for his passage; and when it was -ascertained where the duke actually was, they immediately bore down upon -him. Foremost among the pursuers was a ship called the _Nicholas of the -Tower_, the master of which, on nearing Suffolk's vessel, sent out a -boat to ask who they were. Suffolk made answer in person, and said that -he was going by the king's command to Calais; on which they told him he -must speak with their master. They accordingly conveyed him and two or -three others in their boat to the _Nicholas_. When he came on board the -master saluted him with the words, 'Welcome, traitor!' and sent to know -if the shipmen meant to take part with the duke, which they at once -disowned all intention of doing. The duke was then informed that he must -die, but was allowed the whole of the next day and night to confess -himself and prepare for the event.[64-3] On Monday the 2nd of May the -rovers consummated their design. In sight of all his men Suffolk was -drawn out of the _Nicholas_ into a boat in which an axe and block were -prepared. [Sidenote: Is murdered at sea.] One of the crew, an Irish -churl, then bade him lay down his head, telling him in cruel mockery -that he should be fairly dealt with and die upon a sword. A rusty sword -was brought out accordingly, and with nearly half a dozen strokes the -fellow clumsily cut off his head. He was then stripped of his russet -gown and velvet doublet. His body was brought to land and thrown upon -the sands at Dover; and his men were at the same time allowed to -disembark.[65-1] - - [Footnote 64-3: _English Chronicle_, ed. Davies, p. 69.] - - [Footnote 65-1: _Paston Letters_, Nos. 120, 121.] - -The source from which we learn most of these particulars is a letter of -William Lomner to John Paston written when the news was fresh. The -writer seems to have been quite overpowered by the tragic character of -the event, and declares he had so blurred the writing with tears that he -fears it would not be easy to decipher. Indications of genuine human -feeling like this are so rare in letters of an early date that we are in -danger of attributing to the men of those days a coldness and brutality -which were by no means so universal as we are apt to suppose. The truth -is that when men related facts they regarded their own feelings as an -impertinence having nothing whatever to do with the matter in -hand.[65-2] The art of letter-writing, besides, had not yet acquired the -freedom of later days. It was used, in the main, for business purposes -only. We shall meet, it is true, in this very correspondence, with one -or two early specimens of jesting epistles; but, on the whole, I suspect -paper was too valuable a commodity and writing too great a labour to be -wasted on things irrelevant. - - [Footnote 65-2: Even the passage above referred to would probably - be an illustration of this if the original letter were examined. - As we have reprinted it from Fenn, it stands thus: 'Right - worshipful Sir, I recommend me to you, and am right sorry of that - I shall say, _and have so wesshe this little bill with sorrowful - tears that uneathes ye shall read it_.' The words in italics would - probably be found to be an interlineation in the original, for - though they stand at the beginning of the letter, they were - clearly written after it was penned, and the only reason why they - were inserted was to excuse the illegibility of the writing.] - -But whatever feeling may have been excited by the news of Suffolk's -murder in men like William Lomner, who possibly may have known the duke -personally, we may well believe that the nation at large was neither -afflicted nor very greatly shocked at the event. Even the prior of -Croyland, the head of a great religious community in Lincolnshire, -speaks of it as the just punishment of a traitor, and has not a word to -say in reprobation.[66-1] Mocking dirges were composed and spread -abroad, in which his partisans were represented as chanting his funeral -service, and a blessing was invoked on the heads of his murderers. These -were but the last of a host of satires in which the public indignation -had for months past found a vent.[66-2] Suffolk had been represented on -his imprisonment as a fox driven into his hole, who must on no account -be let out again. He had been rhymed at as the Ape with his Clog who had -tied Talbot our good dog, in allusion to the fact of Talbot, Earl of -Shrewsbury, having been given up as a hostage to the French after the -surrender of Rouen.[66-3] He had been reviled as an upstart who had -usurped the place of better men, and who systematically thwarted and -neutralised all that better men could do. If any one wept for the fall -of such a man, it was not on public grounds. - - [Footnote 66-1: _Contin. of Croyland Chronicle_, p. 525.] - - [Footnote 66-2: Wright's _Political Poems_ (in Rolls series), ii. - 232.] - - [Footnote 66-3: _Ibid._ 222, 224.] - -As a specimen of these political satires we cannot resist the temptation -to quote a short poem which must have been composed towards the close of -the year 1449, after the surrender of Rouen and before Suffolk's fall. -It is far less personal than the others, being not so much an invective -against Suffolk as a wail over the loss of England's great men, and the -decay of her fortunes. The leading statesmen and warriors of that and -the former age are here spoken of by their badges, which the reader will -find interpreted in the margin:-- - - 'The Root[a] is dead, the Swan[b] is gone, - The fiery Cresset[c] hath lost his light. - Therefore England may make great moan - Were not the help of God Almight'. - The Castle[d] is won where care begun, - The Portè-cullis[e] is laid adown; - Yclosèd we have our Velvet Hat[f] - That covered us from many stormes brown. - The White Lion[g] is laid to sleep, - Thorough the envy of th' Apè[h] Clog; - And he is bounden that our door should keep; - That is Talbot, our good dog. - The Fisher[i] has lost his angle hook; - Get them again when it will be. - Our Millè-sail[k] will not about, - It hath so long gone empty. - The Bear[l] is bound that was so wild, - For he hath lost his Ragged Staff. - The Carte-nathe[m] is spoke-less - For the counsel that he gaf. - The Lily[n] is both fair and green; - The Conduit[o] runneth not, I wean. - The Cornish Chough[p] oft with his train - Hath made our Eagle[q] blind. - The White Hart[r] is put out of mind - Because he will not to them consent; - Therefore, the Commons saith, is both true and kind, - Both in Sussex and in Kent. - The Water Bouge[s] and the Wine Botell - With the Fetterlock's[t] chain bene fast. - The Wheat Ear[u] will them sustain - As long as he may endure and last. - The Boar[w] is far into the West, - That should us help with shield and spear. - The Falcon[x] fleeth and hath no rest - Till he wit where to bigg his nest.' - - [Footnote a: The Regent Bedford.] - - [Footnote b: Humphrey, Duke of Glo'ster.] - - [Footnote c: The last Duke of Exeter.] - - [Footnote d: Rouen Castle.] - - [Footnote e: The Duke of Somerset.] - - [Footnote f: The Cardinal Beaufort.] - - [Footnote g: The Duke of Norfolk, who had gone on pilgrimage to - Rome in 1447. (Dugdale.)] - - [Footnote h: The Duke of Suffolk.] - - [Footnote i: Lord Fauconberg who was taken prisoner by the French - at the capture of Pont-de-l'Arche.] - - [Footnote k: Robert, Lord Willoughby.] - - [Footnote l: The Earl of Warwick.] - - [Footnote m: The Duke of Buckingham.] - - [Footnote n: Thomas Daniel. He and the two next are courtiers.] - - [Footnote o: John Norris.] - - [Footnote p: John Trevilian.] - - [Footnote q: The King.] - - [Footnote r: Earl of Arundel.] - - [Footnote s: Lord Bouchier.] - - [Footnote t: Prior of St. John's.] - - [Footnote u: The Duke of Exeter.] - - [Footnote w: The Earl of Devonshire.] - - [Footnote x: The Duke of York, who had been sent into Ireland to - be out of the way.] - -Almost concurrently with the news of Suffolk's murder came tidings, -mentioned by William Lomner in the very same letter, of another disaster -in France, more gloomy, if possible, than any that had occurred before. -[Sidenote: Defeat of Sir T. Kiriel.] A force under Sir Thomas Kiriel had -been sent to the aid of the Duke of Somerset in Normandy after the loss -of Rouen. It disembarked at Cherbourg, and proceeding towards Caen, -where the duke had now taken up his position, besieged and took -Valognes. They were now in full communication with the garrisons of Caen -and Bayeux, when they were suddenly attacked at the village of -Fourmigni, and routed with great slaughter. Between three and four -thousand Englishmen were left dead upon the field; Kiriel himself was -taken prisoner; even the brave Matthew Gough (well known to Frenchmen of -that day as Matago) found it needful to fall back with his company of -1500 men for the safeguard of Bayeux, which a month afterwards he was -compelled after all to give up to the enemy.[68-1] - - [Footnote 68-1: Berry's narrative in Stevenson's _Expulsion of the - English from Normandy_, 336. _Wars of the Engl._ ii. [360]. - _Paston Letters_, No. 120.] - -Meanwhile the Parliament, which had been prorogued over Easter, was -ordered to meet again at Leicester instead of Westminster. The reason -given for the change of place was still, as before, the unhealthiness of -the air about Westminster; and doubtless it was a very true reason. It -is possible, however, that the political atmosphere of London was quite -as oppressive to the Court as the physical atmosphere could be to the -Parliament. During their sitting at Leicester a much needed subsidy was -voted to the king, and an Act passed for the application of certain -revenues to the expenses of the Royal Household in order to stop the -exactions of purveyors. But they had hardly sat a month when the session -was suddenly put an end to from a cause which we proceed to notice. - - -_Rebellion of Jack Cade_ - -The murder of the Duke of Suffolk had not made things better than they -had been before. The ablest of the ministers, who had hitherto guided -the king's counsels, was now removed, but his place was left for a time -altogether unsupplied. The men of Suffolk's party, such as Lord Say, -Viscount Beaumont, and Thomas Daniel, still remained about the king, and -were nearly as unpopular as he had been. The offices formerly held by -Suffolk were divided among them and their particular friends.[68-2] Even -if the Court had desired to call in men of greater weight, they were not -then at hand. The Duke of Somerset was in France, and the Duke of York -in Ireland; so that some time must have elapsed before either of them -could have taken part in public affairs at home. Meanwhile it was said -that the resentment of the Court for Suffolk's murder would be visited -upon the county of Kent; and the county of Kent was of opinion that it -suffered abuses enough already. The exactions of the king's officers, -both in the way of taxation and purveyance, were felt to be extortionate -and capricious. The collectors of the revenue were appointed by the -knights of the shire, and these, instead of being freely chosen by the -people, were but the nominees of a few great men who compelled their -tenants to vote according to their pleasure. There were, besides, grave -cases of injustice in which people were accused of treason, and kept in -prison without trial, on the information of persons about the Court who -had influence to obtain grants of their lands from the Crown. - - [Footnote 68-2: _See_ No. 123. William Worcester says Lord - Beauchamp was made treasurer, and Lord Cromwell the king's - chamberlain. Lord Beauchamp's appointment is on the _Patent - Rolls_. See _Calendarium Rot. Patent_, p. 294.] - -[Sidenote: Cade's Rebellion.] Hence arose Jack Cade's rebellion, -a movement which we must not permit ourselves to look upon as a vulgar -outbreak of the rabble. Whole districts of Kent, Surrey, and Sussex rose -in arms, clamouring for redress of grievances; and it is certain that -the insurgents met with a large amount of sympathy, even from those who -did not actually take part with them.[69-1] As their leader, they -selected a man who called himself Mortimer, and who, besides some -experience in war, was evidently possessed of no small talent for -generalship. It afterwards turned out that his real name was Cade, that -he was a native of Ireland, and that he had been living a year before in -the household of Sir Thomas Dacre in Sussex, when he was obliged to -abjure the kingdom for killing a woman who was with child. He then -betook himself to France and served in the French war against England. -What induced him to return does not appear, unless we may suppose, which -is not unlikely, that some misdemeanour when in the service of France -made the French soil fully as dangerous to him as the English. In -England he seems to have assumed the name of Aylmer, and passed himself -off as a physician. He married a squire's daughter, and dressed in -scarlet; and when the rebellion broke out in Kent he called himself John -Mortimer, a cousin of the Duke of York. - - [Footnote 69-1: The late Mr. Durrant Cooper, in an interesting - paper read before a meeting of the Kent Archæological Society, - examined the long list of names given on the _Patent Roll_ of 28 - Henry VI., and proved from them that the insurrection was by no - means of a very plebeian or disorderly character. 'In several - hundreds,' he says, 'the constables duly, and as if legally, - summoned the men; and many parishes, particularly Marden, - Penshurst, Hawkhurst, Northfleet, Boughton-Malherbe, Smarden, and - Pluckley, furnished as many men as could be found in our day fit - for arms.'] - -The first disturbances took place at Whitsuntide in the latter end of -May. In the second week of June[70-1] a considerable army from the -counties of Kent, Surrey, and Sussex encamped upon Blackheath. The king, -who, on receiving news of the rising, had dissolved the parliament then -sitting at Leicester, arrived in London on Saturday the 13th, and took -up his quarters at the priory of St. John's, near Smithfield. He had -with him 20,000 men under arms, but for some reason or other did not set -out against the rebels till the following Thursday, the 18th.[70-1] -They, meanwhile, had withdrawn in the night-time,[70-2] and the king and -his host occupied their position on Blackheath. The royal forces, -however, proceeded no further. Only a detachment, under Sir Humphrey -Stafford and his brother William, was sent to pursue the insurgents. An -encounter took place at Sevenoaks on the 18th,[70-3] in which both the -Staffords were killed. Their defeat spread dismay and disaffection in -the royal camp. The noblemen who had accompanied the king to Blackheath -could no longer keep their men together, the latter protesting that -unless justice were done on certain traitors who had misled the king, -they would go over to the Captain of Kent. To satisfy them, Lord Say was -arrested and sent to the Tower; but even with this concession the king -did not dare presume upon their loyalty. He withdrew to Greenwich, and -the whole of his army dispersed. The king himself returned to London by -water, and made preparations during the next two or three days to remove -to Kenilworth. The mayor and commons of the city went to him to beseech -him to remain, offering to live and die with him, and pay half a year's -cost of his household. But all was to no purpose. The king had not even -the manliness of Richard II. at Smithfield, and he took his departure to -Kenilworth.[71-1] - - [Footnote 70-1: These dates were given differently in previous - issues of this Introduction. For a rectification of the chronology - of the rebellion I am indebted to Kriehn's _English Rising_ in - 1450, pp. 125 and following.] - - [Footnote 70-2: According to No. 119 of our collection this - retreat would appear to have been on the 22nd June, but that date - is certainly an error.] - - [Footnote 70-3: The 18th June is given as the date of Sir Humphrey - Stafford's death in _Inquis. post mortem_, 28 Henry VI. No. 7.] - - [Footnote 71-1: W. Worc.--_Three Fifteenth Century Chronicles_ - (edited by me for the Camden Soc.), 67.--Chronicle in MS. Cott. - Vitell. A. xvi.] - -The city, thus deserted by its sovereign, knew not for a time what to -do. A party within the Common Council itself ventured to open -negotiations with the insurgents, and Alderman Cooke passed to and fro -under the safe-conduct of the Captain.[71-2] To many it may have seemed -doubtful loyalty to support the government of Lord Say and his friends -against an oppressed population. On the 1st day of July[71-3] the -insurgents entered Southwark. On the 2nd a Common Council was called by -the Lord Mayor to provide means for resisting their entry into the city; -but the majority voted for their free admission, and Alderman Robert -Horne, who was the leading speaker against them, was committed to prison -for his boldness. [Sidenote: The rebels enter London.] That same -afternoon the so-called Mortimer and his followers passed over London -Bridge into the city. The Captain, after passing the drawbridge, hewed -the ropes asunder with his sword. His first proceedings were marked by -order and discipline. He issued proclamations in the king's name against -robbery and forced requisitions, but he rode through the different -streets as if to place the capital under military government; and when -he came to London Stone, he struck it with his sword, saying, 'Now is -Mortimer lord of this city.' Finally, he gave instructions to the Lord -Mayor about the order to be kept within his jurisdiction, and returned -for the night to his quarters in Southwark. On the following morning, -Friday the 3rd, he again entered the city, when he caused Lord Say to be -sent for from the Tower. That no resistance was made to this demand by -Lord Scales, who had the keeping of the fortress, may seem strange. But -there was a reason for it which most of the chroniclers do not tell us. -The king had been obliged to listen to the grievances of his 'Commons' -and to withdraw his protection from his favourites. He had granted a -commission 'to certain lords and to the mayor and divers justices, to -inquire of all persons that were traitors, extortioners, or oppressors -of the king's people.'[72-1] Lord Say was accordingly formally arraigned -at a regular sessions at the Guildhall. But when the unfortunate -nobleman claimed the constitutional privilege of being tried by his -peers, the pretence of law was finally laid aside. A company of the -insurgents took him from the officers and hurried him off to the -Standard in Cheap, where, before he was half shriven, his head was cut -off and stuck upon a long pole. A son-in-law of his named Crowmer, who -was then very unpopular as sheriff of Kent, met with a similar fate. He -was beheaded in Cade's presence at Mile End. Barbarity now followed -violence. The lifeless heads of Say and Crowmer were carried through the -streets, and made to kiss each other. At the same time one Bailey was -beheaded at Whitechapel on a charge of necromancy, the real cause of his -death being, as it was reported, that he was an old acquaintance of -Cade's who might have revealed something of his past history. - - [Footnote 71-2: Holinshed, iii. 632.] - - [Footnote 71-3: I leave this part of the story as it was - originally written, though here, too, the chronology seems to - require rectification, especially from sources since published, - for which the reader may consult Kriehn's work, p. 129.] - - [Footnote 72-1: MS. Vitellius A. xvi. fol. 107, quoted by Kriehn, - p. 92.] - -It may have been the expectation of inevitable exposure that induced -Cade now to relax discipline, and set an example of spoliation himself. -He entered and pillaged the house of Philip Malpas, an alderman known as -a friend of the Court, and therefore unpopular in the city. Next day he -dined at a house in the parish of St. Margaret Pattens, and then robbed -his host. At each of these acts of robbery the rabble were sharers of -the spoil. But, of course, such proceedings completely alienated all who -had anything to lose, and the mayor and aldermen began to devise -measures for expelling Cade and his followers from the city. For this -end they negotiated with Lord Scales and Matthew Gough, who had then the -keeping of the Tower. - -For three days successively Cade had entered the city with his men, and -retired in the evening to Southwark. But on Sunday, the 5th of July, he -for some reason remained in Southwark all day. In the evening the mayor -and citizens, with a force under Matthew Gough, came and occupied London -Bridge to prevent the Kentish men again entering the city. [Sidenote: -Battle on London Bridge.] The Captain called his men to arms, and -attacked the citizens with such impetuosity, that he drove them back -from the Southwark end of the bridge to the drawbridge in the centre. -This the insurgents set on fire, after inflicting great losses on the -citizens, many of whom were slain or drowned in defending it. Matthew -Gough himself was among those who perished. Still, the fight was -obstinately contested, the advantage being for the moment now with one -party and now with the other. It continued all through the night till -nine on the following morning; when at last the Kentish men began to -give way, and a truce was made for a certain number of hours. - - [[Sidenote: Battle on London Bridge. - _final . missing_]] - -A favourable opportunity now presented itself for mediation. Although -the king had retired to Kenilworth, he had left behind him in London -some leading members of his council, among whom were Cardinal Kemp, -Archbishop of York,[73-1] then Lord Chancellor, and Waynflete, Bishop of -Winchester. The former had taken refuge in the Tower, under the -protection of Lord Scales; and he called to him the latter, who lay -concealed at Holywell.[73-2] A conference was arranged between them and -the insurgents, and both the Cardinal and Bishop Waynflete[73-3] with -some others crossed the river and met with Cade in St. Margaret's Church -in Southwark. In the end matters were satisfactorily arranged, and the -bishop produced two general pardons prepared by the Chancellor, the -first for the Captain himself, and the second for his followers. The -offer was embraced with eagerness. The men were by this time disgusted -with their leader, and alarmed at the result of their own acts. By -thousands they accepted the amnesty and began to return homewards. But -Cade, who knew that his pardon would avail him little when the history -of his past life came to be investigated, wisely made friends to himself -after the fashion of the Unjust Steward. He broke open the gaols of the -King's Bench and Marshalsea, and formed a new company out of the -liberated prisoners.[74-1] He then despatched to Rochester a barge laden -with the goods he had taken from Malpas and others in London, and -prepared to go thither himself by land. He and his new following appear -to have been still in Southwark on the 8th of July, but to have passed -through Dartford to Rochester on the 9th, where they continued still in -arms against the king on the 10th and 11th.[74-2] An attempt they made -upon the castle of Queenborough was resisted by Sir Roger Chamberlain, -to whom a reward was given in the following year in acknowledgment of -his services.[74-3] Meanwhile a proclamation was issued offering a -reward of a thousand marks for Cade's apprehension, and ten marks for -that of any of his followers; 'for,' says a contemporary chronicler, 'it -was openly known that his name was not Mortimer; his name was John Cade; -and therefore his charter stood in no strength.'[74-4] - - [Footnote 73-1: Inaccurately called Archbishop of Canterbury by - Fabyan and others. He was not translated to Canterbury till 1452.] - - [Footnote 73-2: Hall's _Chronicle_. Holy Well was a mineral spring - to the north of London, much frequented before the Reformation, - when it was stopped up as being considered a place of - superstitious resort. A century afterwards it was discovered anew - by a Mr. Sadler, from whom the locality is named to this day - Sadler's Wells.] - - [Footnote 73-3: Some doubt seems to be thrown on Hall's statement - that both prelates crossed the river, as earlier writers say the - Chancellor _sent_ pardons under the Great Seal. William Worcester, - moreover, makes no mention of the cardinal, but says that the - Bishop of Winchester and others of the king's council spoke with - the Captain of Kent. But the 'Short English Chronicle' in the - _Three Fifteenth Century Chronicles_, edited by me for the Camden - Society in 1880 (p. 68), does exactly the reverse, and omitting - all reference to the Bishop of Winchester, says: 'And forthewithe - went the Chaunseler to the Capteyne and sessed him and gave him a - chartur and his men an other.'] - - [Footnote 74-1: Hall's _Chronicle_.] - - [Footnote 74-2: See _Act of Attainder_, 29 Hen. VI. _Rolls of - Parl._ vi. 224.] - - [Footnote 74-3: Devon's _Issue Rolls_, 471. Davies' _English - Chron._ 67.] - - [Footnote 74-4: _Three Fifteenth Century Chronicles_, 68.] - -The feeble remains of the rebellion were already quarrelling about the -booty Cade had conveyed out of London. Their leader now took horse and -escaped in disguise towards the woody country about Lewes. He was -pursued by Alexander Iden, a gentleman who had just been appointed -sheriff of Kent in place of the murdered Crowmer. [Sidenote: Capture and -death of Cade.] Iden overtook him in a garden at Heathfield, and made -him prisoner, not without a scuffle, in which Cade was mortally wounded, -so that on being conveyed to London he died on the way. It only remained -to use his carcass as a terror to evil-doers. His head was cut off and -placed upon London Bridge, with the face looking towards Kent. His body -was drawn through the streets of London, then quartered, and the -quarters sent to four different places very widely apart,--one of them -to Blackheath, one to Norwich, one to Salisbury, and one to -Gloucester.[75-1] - - [Footnote 75-1: W. Worc. Fabyan. Davies' _English Chronicle_ - (Camden Soc.), 67. Ellis' _Letters_, 2nd Series i. 115.] - -If the dispersion of traitors' limbs for exhibition in many places could -have effectually repressed disloyalty, the whole realm ought now to have -been at rest. The quarters of another Kentish rebel, who, under the name -of Bluebeard, had raised disturbances in the preceding February, were at -that moment undergoing public exhibition in London, Norwich, and the -Cinque Ports. Those of two others were about this time despatched by the -sheriffs of London to Chichester, Rochester, Portsmouth, Colchester, -Stamford, Coventry, Newbury, and Winchester. The heads of all these -wretches were set upon London Bridge, which in the course of this -miserable year bore no less than twenty-three such horrid -ornaments.[75-2] - - [Footnote 75-2: Ellis, _ib._ MS. Vitell. A. xvi.] - -[Sidenote: Further disturbances.] But with all this, sedition was not -put down, even in the county of Kent; for I find by the evidence of -authentic records that a new rising took place in August at Feversham, -under one William Parminter, who, undeterred by the fate of Cade, -gathered about him 400 men, and called himself _the second_ Captain of -Kent. This affair is quite unnoticed by historians, and all I know of it -is derived from a pardon to one of those engaged in it.[75-3] But even -Parminter was not the last 'Captain of Kent' that made his appearance -this year; for the very same title was immediately afterwards assumed by -one John Smyth, for whose capture a reward of £40 was ordered to be paid -to the Duke of Somerset on the 3rd of October.[75-4] And the -chroniclers, though they do not mention these disturbances, tell us that -such things were general over all the kingdom. In Wiltshire, at the time -that Cade was at Blackheath, William Ayscough, Bishop of Salisbury, had -one day said mass at Edington, when he was dragged from the altar by a -band of his own tenants and murdered in his alb and stole at the top of -a neighbouring hill. He was the second bishop who had been murdered that -year by the populace. Another insurrection in the same county in August -is mentioned in a letter of James Gresham's, the number of the -insurgents being reported at nine or ten thousand men.[76-1] These -instances may suffice as evidence of the widespread troubles of the -time. - - [Footnote 75-3: _See_ document in Appendix to this Introduction; - also Devon's _Issue Rolls_, p. 472. It would seem as if the entry - there dated 5th August ought to have been 5th September, as - Parminter does not seem to have been taken even on the last day of - August.] - - [Footnote 75-4: Nicolas's _Proceedings of the Privy Council_, vi. - 101.] - - [Footnote 76-1: _See_ No. 131.] - -[Sidenote: Sir John Fastolf.] Of the degree of private suffering and -misery inflicted in particular cases by these commotions we have a -lively picture in Letter 126. At the time when Cade and his followers -were encamped upon Blackheath, Sir John Fastolf, a noted warrior of the -time, of whom we shall have much to say hereafter, was residing at his -house in Southwark. He was a man who had not succeeded in standing well -with his contemporaries, and the fact may have contributed not a little -to the sensitiveness of a naturally irascible character. In one -engagement with the French[76-2] he was actually accused of cowardice, -a charge which he seems afterwards satisfactorily to have disproved. For -some years, however, he had given up soldiering and returned to his -native country, where he served the king in a different manner as a -member of his Privy Council. But in this capacity too he was unpopular. -His advice should have been valuable at least in reference to the -affairs of France; but it does not seem to have been taken. The warnings -and counsels which he gave with reference to the maintenance of the -English conquests in France he caused his secretary, William Worcester, -to put in writing for his justification; but though his admonitions were -neglected by those to whom they were addressed, popular rumour held him -partly accountable for the loss of Normandy. Of this opinion some -evidence was given in the course of Cade's insurrection. - - [Footnote 76-2: The Battle of Patay.] - -As a member of the King's Council Fastolf thought it right to send a -messenger to ascertain what were the demands of the insurgents. -[Sidenote: John Payn and the rebels.] He therefore commanded one John -Payn, who was in his service, to take a man with him and two of the best -horses of his stable, and ride to Blackheath. When he arrived there, -Cade ordered him to be taken prisoner. To save his master's horses from -being stolen, Payn gave them to the attendant, who galloped away with -them as fast as he could, while he himself was brought before the -Captain. Cade then asked him what he had come for, and why he had caused -his fellow to run away with the horses. He answered that he had come to -join some brothers of his wife, and other companions who were among the -insurgents. On this some one called out to the Captain that he was a man -of Sir John Fastolf's, and that the two horses were Sir John's. The -Captain raised a cry of 'Treason!' and sent him through the camp with a -herald of the Duke of Exeter before him, in the duke's coat-of-arms. At -four quarters of the field the herald proclaimed with an _Oyez_ that -Payn had been sent as a spy upon them by the greatest traitor in England -or France, namely, by one Sir John Fastolf, who had diminished all the -garrisons of Normandy, Le Mans, and Maine, and thereby caused the loss -of all the king's inheritance beyond sea. It was added that Sir John had -garrisoned his place with the old soldiers of Normandy, to oppose the -Commons when they came to Southwark; and, as the emissary of such a -traitor, Payn was informed that he should lose his head. - -He was brought to the Captain's tent, where an axe and block were -produced. But fortunately he had friends among the host; and Robert -Poynings, Cade's swordbearer and carver, who afterwards married John -Paston's sister Elizabeth, declared plainly that there should die a -hundred or two others if Payn were put to death. He was therefore -allowed to live on taking an oath that he would go to Southwark and arm -himself, and return to join the Commons. He accordingly carried to -Fastolf a statement of their demands, advising him at the same time to -put away his old soldiers and withdraw himself into the Tower. The old -warrior felt that the advice was prudent; he left but two of his -servants in the place, and but for Payn the insurgents would have burned -it to the ground. The faithful dependant, however, had to pay the full -penalty of his master's unpopularity. He seems to have entertained the -rioters for some time at his own cost. Afterwards the Captain took from -him some valuable clothes and armour, and sent men to ransack his -chamber of bonds, money, and other stores. The insurgents also robbed -his house in Kent, and threatened to hang his wife and children. -Finally, on the night of the battle on London Bridge, Cade thrust him -into the thickest of the combat, where he continued six hours unable to -extricate himself, and was dangerously wounded. - -To have passed through all this was surely a severe enough trial; yet -after that commotion he had further trouble to endure. He was impeached -by the Bishop of Rochester, and thrown into the Marshalsea by command of -the queen. He was also threatened to be hanged, drawn, and quartered, in -order that he might accuse his master Fastolf of treason; but in the end -his friends succeeded in procuring for him a charter of pardon. To earn -this, however, as we find from the document itself, he had to appear -before the king in person, during a progress which he made in Kent the -year after the rebellion, and, amid a crowd of other supplicants whose -bodies were stripped naked down to their legs, humbly to beg for -mercy.[78-1] - - [Footnote 78-1: _See_ Appendix to Introduction.] - - -_The Dukes of York and Somerset_ - -[Sidenote: The Duke of York.] Cade's rebellion was attributed by the -Court to the machinations of the Duke of York. The disturbances that had -prevailed for some months previously seem to have been partly associated -with his name. When Adam de Moleyns, Bishop of Chichester, was murdered -in the beginning of the year, the malcontents talked of inviting York -over from Ireland to redress the wrongs of the people. The exclusion of -York and other lords of royal blood from the king's councils was also -made an express ground of complaint by the Kentish insurgents. The -repetition of his name in the mouths of the disaffected was anything but -grateful to the party then in power. It was construed as being in itself -an evidence of his disloyalty. But the popular complaints as to his -treatment were both just and reasonable, for it was a matter that -concerned the public weal. The rank, wealth, and lineage of the Duke of -York, his connection with the blood-royal, his large possessions, and -finally his well-proved ability both as a general and an -administrator--all marked him out as one who ought to have been invited -to take a leading part in the government of the realm; but a faction -about the king had taken care to keep him as much as possible at a -distance from the Court. Moreover, it had maligned and aspersed him in -his absence, so that it would have been positively insecure for himself -to allow the charges to accumulate. A time had clearly come when it was -no longer his duty to obey the orders of others. His enemies were -becoming more and more unpopular every day, and the only hope of -improving the administration of affairs depended upon his taking the -initiative. - -[Sidenote: Comes over from Ireland.] He accordingly determined to avail -himself of the privilege due to his rank, and lay his requests at the -foot of the throne. A little before Michaelmas he came over from -Ireland, collected 4000 of his retainers upon the Welsh Marches, and -with them proceeded to London. His coming, although unsolicited by the -king and without leave asked, was nevertheless not altogether -unexpected. Attempts were made to stop his landing at Beaumaris, and -bodies of men lay in wait for him in various places to interrupt his -progress. For this, however, he could not have been unprepared. He knew -well the hatred entertained towards him at the Court, for he had -experienced pretty much the same thing years before in going to Ireland, -as now in coming from it. Although he was sent to that country in the -king's service, and as the king's lieutenant, there were persons -commissioned to apprehend him at several points in his journey thither; -and now on his return similar efforts were made to prevent his advance -to London. As regards himself they were altogether fruitless; but it is -not improbable that they succeeded in deterring many of his followers -from joining him. William Tresham, the Speaker of the last Parliament, -having received a summons from the duke to meet him, was waylaid and -murdered in Northamptonshire by a body of the retainers of Lord Grey of -Ruthin. For two months the murderers went at large. The sheriff of the -county durst not arrest them, and it was only on the meeting of -Parliament that a special act was passed for their punishment.[80-1] - - [Footnote 80-1: _Rolls of Parl._ v. 211-12.] - -York, however, pursued his way, in spite of all opposition, to the royal -presence, and great was the dismay of those then about the king. -According to an act passed against him nine years later, his approach -was not unaccompanied by violence. He and his followers, it is said, -came in warlike array to Westminster Palace, and 'beat down the spears -and walls' in the king's chamber. If so, we should infer that his access -to the king was opposed even at the last moment. But the opposition was -ineffectual, and the reception he met with from Henry himself did not -indicate that the king at all resented his conduct. - -It must have been on his first interview with Henry that he presented a -petition and received a reply from him, which are printed in Holinshed -as follows:-- - - -_Richard, Duke of York: his letter to King Henry_[80-2] - - Please it your Highness to conceive that since my departing out of - this your realm by your commandment, and being in your service in - your land of Ireland, I have been informed that divers language hath - been said of me to your most excellent estate which should sound to - my dishonour and reproach and charge of my person; howbeit that I - have been, and ever will be, your true liegeman and servant, and if - there be any man that will or dare say the contrary or charge me - otherwise, I beseech your rightwiseness to call him before your high - presence, and I will declare me for my discharge as a true knight - ought to do. And if I do not, as I doubt not but I shall, I beseech - you to punish me as the poorest man of your land. And if he be found - untrue in his suggestion and information, I beseech you of your - highness that he be punished after his desert in example of all - other. - - Please it your Excellency to know that as well before my departing - out of this your realm for to go into your land of Ireland in your - full noble service, as since, certain persons have lain in wait for - to hearken upon me, as Sir John Talbot, knight, at the castle of - Holt, Sir Thomas Stanley, knight, in Cheshire, Pulford at Chester, - Elton at Worcester, Brooke at Gloucester, and Richard, groom of your - chamber, at Beaumaris; which had in charge, as I am informed, to - take me, and put me into your castle of Conway, and to strike off - the head of Sir William Oldhall, knight, and to have put in prison - Sir William Devereux, knight, and Sir Edmund Malso (Mulso), knight, - withouten enlarging until the time that your Highness had appointed - their deliverance. - - Item, at such time as I was purposed for to have arrived at your - haven of Beaumaris, for to have come to your noble presence to - declare me your true man and subject, as my duty is, my landing was - stopped and forebarred by Henry Norris, Thomas Norris, William - Buckley, William Grust, and Bartholomew Bould, your officers in - North Wales, that I should not land there, nor have victuals nor - refreshing for me and my fellowship, as I have written to your - Excellency here before; so far forth, that Henry Norris, deputy to - the chamberlain of North Wales, said unto me that he had in - commandment that I should in no wise have landing, refreshing, nor - lodging, for men nor horse, nor other thing that might turn to my - worship or ease; putting the blame upon Sir William Say, usher of - your chamber, saying and affirming that I am against your intent and - [held] as a traitor, as I am informed. And, moreover, certain - letters were made and delivered unto Chester, Shrewsbury, and to - other places, for to let mine entry into the same. - - Item, above all wrongs and injuries above said, done unto me of - malice without any cause, I being in your land of Ireland in your - honourable service, certain commissions were made and directed unto - divers persons, which for the execution of the same sat in certain - places, and the juries impanelled and charged. Unto the which juries - certain persons laboured instantly to have me indicted of treason, - to the intent for to have undone me and mine issue, and corrupted my - blood, as it is openly published. Beseeching your Majesty royal of - your righteousness to do examine these matters, and thereupon to do - such justice in this behalf as the cause requireth; for mine intent - is fully to pursue to your Highness for the conclusion of these - matters. - - [Footnote 80-2: The whole of this correspondence is attributed by - Holinshed and Stow to the year 1452; but it appears to me clearly - to belong to the year 1450, when the Duke had just returned from - Ireland. See _Chronicle of London_, 136; though internal evidence - alone will, I think, satisfy the careful student.] - - -_The Answer of King Henry to the Duke of York_ - - Cousin, we have seen the bill that ye took us late, and also - understand the good humble obedience that ye in yourself show unto - us, as well in word as in deed; wherefore our intent is the more - hastily to ease you of such things as were in your said bill. - Howbeit that at our more leisure we might answer you to your said - bill, yet we let you wit that, for the causes aforesaid, we will - declare you now our intent in these matters. Sith it is that a long - time among the people hath been upon you many strange language, and - in especial anon after your [qu. their?][82-1] disordinate and - unlawful slaying of the bishop of Chichester,[82-2] divers and many - of the untrue shipmen and other said, in their manner, words against - our estate, making menace to our own person by your sayings, that ye - should be fetched with many thousands, and ye should take upon you - that which ye neither ought, nor, as we doubt not, ye will not - attempt; so far forth that it was said to our person by divers, and - especially, we remember, of one Wasnes which had like words unto us. - And also there were divers of such false people that went on and had - like language in divers of our towns of our land, which by our - subjects were taken and duly executed. Wherefore we sent to divers - of our courts and places to hearken and to take heed if any such - manner coming were, and if there had been, for to resist it; but - coming into our land our true subject as ye did, our intent was not - that ye, nor less of estate of our subjects, nor none of your - servants should not have been letted nor warned, but in goodly wise - received; howbeit that peradventure your sudden coming, without - certain warning, caused our servants to do as they did, considering - the causes abovesaid. And as to the indictment that ye spoke of, we - think verily and hold for certain, that there was none such. And if - ye may truly prove that any person was thereabouts, the matter shall - be demeaned as the case shall require, so that he shall know it is - to our great displeasure. Upon this, for the easing of your heart in - all such matters, we declare, repute and admit you as our true and - faithful subject, and as our faithful cousin. - - [Footnote 82-1: I have no doubt this is a misreading of the - contracted form 'y{r}' which was intended for 'their.' To accuse - York of the murder of the Bishop of Chichester, and apparently as - a principal, not an accessory in that murder, when he was at the - time in Ireland, would have been absurd. Besides, the tenor of the - whole of this reply is to exculpate York of all charges.] - - [Footnote 82-2: Misprinted 'Chester' in Holinshed.] - -So far, York had gained his object. The charges against him were -repudiated by the highest authority in the kingdom. But it was -impossible that the matter could rest there. His own interests and those -of the public alike compelled him to demand a full inquiry into the -machinations of his adversaries, and when admitted to freer intercourse -with Henry he was able to support this request by most inconvenient -arguments. Town and country now listened with eagerness for news of a -long looked-for crisis, while, as it seemed, the old _régime_ was being -quietly laid aside at Westminster. [Sidenote: A change of government.] -'Sir, and it please,' writes one newsmonger, William Wayte, the clerk of -Justice Yelverton, 'Sir, and it please, I was in my lord of York's -house, and I heard much thing more than my master writeth unto you of. -I heard much thing in Fleet Street. But, sir, my lord was with the king, -and he visaged so the matter that all the king's household was and is -afraid right sore. And my said lord hath put a bill to the king and -desired much thing which is much after the Commons' desire; and all is -upon justice, and to put all those that be indicted under arrest without -surety or mainprise, and to be tried by law as law will; insomuch that -on Monday Sir William Oldhall was with the king at Westminster more than -two hours, and had of the king good cheer.'[83-1] - - [Footnote 83-1: _See_ No. 142.] - -Sir William Oldhall, a friend and companion-in-arms of the Duke of York -in France, had been summoned to the king's councils more than once -before.[83-2] But the last occasion was eleven years before this, at a -time when it was doubtless felt to be necessary to obtain the sanction -beforehand of all parties in the State to the proposed negotiations for -peace at Calais. From that day till now we do not hear of him, and we -may presume that he was not invited to Court. By the Duke of York's -letter just quoted, it would seem that courtiers had planned to have him -beheaded. But now the old exclusiveness was defeated. Men whose -patriotism and generalship, it was believed, would have averted the loss -of France, were at length allowed free access to their sovereign; while -men who were believed to have culpably misdirected the king, and by -their favouritism and partiality to have perverted the course of justice -throughout the kingdom, stood in fear of a strict inquiry being made -into their misdeeds. For such was the sole purport of the 'bill,' or -petition presented by the Duke of York as mentioned by William Wayte, -the exact text of which will be seen in No. 143. The king's answer to -this is preserved in Holinshed as follows:-- - - [Footnote 83-2: Nicolas's _Proceedings of the Privy Council_, iv. - 212, v. 108.] - - -_The Answer of King Henry to the Duke of York_ - - Cousin, as touching your bill last put up to us, we understand well - that ye, of good heart, counsel and advertise us to the setting up - of justice and to the speedy punishing of some persons indicted or - noised, offering your service to be ready at commandment in the - same; sith it is, that for many causes moving us to have determined - in our soul to stablish a sad and substantial Council, giving them - more ample authority and power than ever we did before this, in the - which we have appointed you to be one. But sith it is not - accustomed, sure, nor expedient, to take a conclusion and conduct by - advice or counsel of one person by himself, for the conservation (?) - it is observed that the greatest and the best, the rich and the - poor, in liberty, virtue and effect of their[84-1] voices be equal; - we have therefore determined within ourself to send for our - Chancellor of England and for other Lords of our Council, yea and - all other, together within short time, ripely to common of these and - other our great matters. In the which communication such - conclusions, by the grace of God, shall be taken, as shall sound to - His pleasure, the weal of us and our land, as well in these matters - as in any other. - - [Footnote 84-1: Misprinted 'your' in Holinshed.] - -[Sidenote: Politics in Norfolk.] The time was favourable to men like -John Paston, who had been wronged by a powerful neighbour such as Lord -Molynes, and had been hitherto denied redress. There seemed also a hope -of destroying, once for all, the influence of Tuddenham and Heydon in -the county of Norfolk. It was proposed that on the Duke of York visiting -Norfolk, which he intended to do, the mayor and aldermen of Norwich -should ride to meet him, and that complaints should be preferred against -the party of Tuddenham and Heydon in the name of the whole city. 'And -let that be done,' adds William Wayte, 'in the most lamentable wise; -for, Sir, but if (_i.e._ unless) my Lord hear some foul tales of them, -and some hideous noise and cry, by my faith they are else like to come -to grace.' Owing to the influence of the Duke of York, a new Parliament -was summoned to meet in November, and John Paston was urged by some -friends to get himself returned as a member. But it was still more -strongly recommended that the Earl of Oxford should meet the duke, -apparently with the view of arranging the list of candidates--a -responsibility which the earl, for his part, seems to have declined. The -Duke of Norfolk met with the Duke of York at Bury St. Edmunds, and these -two dukes settled that matter between them. The Earl of Oxford modestly -contented himself with reporting their decision, and advising that their -wishes should be carried into effect.[85-1] - - [Footnote 85-1: Nos. 142, 145, 148, and 149. The influence of a - powerful nobleman on the elections was evidently quite a matter of - course. What use York made of it, or attempted to make of it, - cannot so easily be determined. Of the two candidates proposed by - him for the county of Norfolk, only one was returned, the name of - Sir Miles Stapleton being substituted for that of Sir William - Chamberlain (_see_ vol. ii. p. 185 note 1). It appears from two of - the above cited letters that Stapleton was a favourite candidate - with the Pastons and their friends, and that he was urged to wait - on the Duke of York on his coming to Norwich.] - -The Parliament met on the 6th November, and Sir William Oldhall was -chosen Speaker. About the same time a commission of _Oyer and Terminer_ -which had been issued as early as the first of August,[85-2] began its -labours at Norwich, and the Earl of Oxford stayed away from Parliament -to attend it. Mr. Justice Yelverton was sent down from Westminster to -sit on that tribunal along with him. There seemed hope at last of -redress being had for the wrongs and violence that had prevailed in the -county of Norfolk; but the course of justice was not yet an easy one. -Great pressure had been put upon the king, even at the last moment, that -Yelverton should be countermanded, and Lord Molynes had spoken of his -own dispute with Paston in the king's presence in a manner that made the -friends of the latter wish he had been then at Westminster to see after -his own interests. The Lords of the Council, however, determined that -Yelverton should keep his day for going into Norfolk. When he arrived -there, he had occasion to report that there were many persons -ill-disposed towards Tuddenham and Heydon, but that it was most -important they should be encouraged by a good sheriff and under-sheriff -being appointed, else there would be a total miscarriage of justice. For -the annual election of sheriffs had been delayed this year, apparently -owing to the state of parties. Until the Duke of York arrived in London -for the Parliament, his friends would not allow them to be nominated; -and the state of suspense and anxiety occasioned by this delay is -clearly shown in the letters written during November.[86-1] - - [Footnote 85-2: _See_ No. 119.] - - [Footnote 86-1: Nos. 151, 153, 154, 155, 156.] - -The truth is, the Duke of York had not yet succeeded in establishing the -government upon anything like a firm or satisfactory basis. In times -like our own there is little difficulty in determining the -responsibility of ministers; but in the rough judgment of the 'Commons' -of those days an error in policy was nothing short of treason. Whoever -took upon him to guide the king's counsels knew very well the danger of -the task; and York (if I understand his character aright) was anxious, -until he was driven desperate, never to assume more authority than he -was distinctly warranted in doing. He could not but remember that his -father had suffered death for conspiring to depose Henry V., and that -his own high birth and descent from Edward III. caused his acts to be -all the more jealously watched by those who sought to estrange him from -his sovereign. He therefore made it by no means his aim to establish for -himself a marked ascendency. He rather sought to show his moderation. -I find, indeed, that at this particular period he not only removed two -members of the Council, Lord Dudley and the Abbot of St. Peter's at -Gloucester, but sent them prisoners to his own castle of Ludlow.[86-2] -This, however, he could hardly have done without permission from the -king, as it was the express object of his petition above referred to, -that persons accused of misconducting themselves in high places should -be committed for trial; and judging from the terms of the king's answer, -I should say that it must have been done by the authority of the new -Council, which Henry therein declared it to be his intention to -constitute. - - [Footnote 86-2: Stow's _Chronicle_, p. 392.] - -This new Council was probably what we should call in these days a -coalition ministry. [Sidenote: The Duke of Somerset.] York's great -rival, the Duke of Somerset, had come over from Normandy a little before -York himself came over from Ireland. On the 11th of September, while -Cardinal Kemp, who was then Lord Chancellor, was sitting at Rochester on -a commission of _Oyer and Terminer_ to try the Kentish rebels,[87-1] he -affixed the Great Seal to a patent appointing Somerset Constable of -England.[87-2] In that capacity, as we have already seen, the duke -arrested one of the new Kentish leaders that started up after Cade's -rebellion had been quelled. There is no doubt that he stood high in the -king's confidence, and that he was particularly acceptable to Queen -Margaret. He was, nevertheless, one of the most unpopular men in -England, on account of his surrender of Caen and total loss of Normandy -in the preceding year; and as the Parliament was now called, among other -reasons, expressly to provide for the defence of the kingdom, and for -speedy succours being sent to preserve the king's other dominions in -France,[87-3] it was impossible that his conduct should not be inquired -into. The short sitting of Parliament before Christmas was greatly -occupied by controversy between York and Somerset.[87-4] On the 1st of -December the latter was placed under arrest. His lodgings at the Black -Friars were broken into and pillaged by the populace, and he himself was -nearly killed, but was rescued from their violence by a barge of his -brother-in-law the Earl of Devon. Next day the Dukes of York and Norfolk -caused proclamation to be made through the city that no man should -commit robbery on pain of death, and a man was actually beheaded in -Cheap for disobeying this order. As a further demonstration against -lawlessness, the king and his lords, on Thursday the 3rd December, rode -through the city in armour, either side of the way being kept by a line -of armed citizens throughout the route of the procession. It was the -most brilliant display of the kind the Londoners of that day had ever -seen.[88-1] - - [Footnote 87-1: _See_ vol. ii. pp. 161-2.] [[Letter 131]] - - [Footnote 87-2: Rymer, xi. 276.] - - [Footnote 87-3: _Rolls of Parl._ v. 210.] - - [Footnote 87-4: W. Worc.] - - [Footnote 88-1: MS. Cott. Vitell. A. xvi. Stow in his _Chronicle_ - dates this procession a day later.] - -The Duke of Somerset did not long remain in prison. Very soon after -Christmas the king made him captain of Calais, and gave him the entire -control of the royal household.[88-2] The Court was evidently bent on -the restoration of the old order of things, so far as it dared to do so. -The chief obstacle to this undoubtedly was the Parliament, which was, on -the whole, so favourable to the Duke of York, that one member, Young of -Bristol, had even ventured to move that he should be declared heir to -the crown.[88-3] Parliament, however, could be prorogued; and, as Young -found shortly afterwards, its members could be committed to the Tower. -The speech of the Lord Chancellor on the meeting of Parliament had -declared that it was summoned for three important causes: first, to -provide for the defence of the kingdom, and especially the safeguard of -the sea; secondly, for the speedy relief of the king's subjects in the -south of France, and aid against the French; thirdly, for pacifying the -king's subjects at home, and punishing the disturbances which had lately -been so frequent. But practically nothing was done about any of these -matters before Christmas. An act was passed for the more speedy levying -of a subsidy granted in the last Parliament, and also an act of -attainder against the murderers of William Tresham. The Lord Chancellor -then, in the king's name and in his presence, prorogued the Parliament -till the 20th of January, declaring that the matters touching the -defence of the kingdom were too great and difficult to be adequately -discussed at that time. The same excuse, however, was again used for -further prorogations until the 5th of May; and meanwhile fears began to -be entertained in the country that all that had been done hitherto for a -more impartial administration of justice was about to be upset.[88-4] - - [Footnote 88-2: W. Worc.] - - [Footnote 88-3: _The Chronicle of London_ (p. 137) says that 'all - the Commons' agreed to this proposition, and stood out for some - time against the Lords on the subject.] - - [Footnote 88-4: _Rolls of Parl._ v. 210-14.] - -[Sidenote: A.D. 1451.] During the whole course of the succeeding year -matters were in a very unsettled condition. At the very opening of the -year we hear complaints that the sheriff, Jermyn, had not shown himself -impartial, but was endeavouring to suppress complaints against certain -persons at the coming sessions at Lynn. It was feared the king would -pardon Tuddenham and Heydon the payment of their dues to the Exchequer -for Suffolk; and if they did, payment of taxes would be generally -refused, as Blake, the Bishop of Swaffham, having gone up to London, -informed the Lord Chancellor himself. From London, too, men wrote in a -manner that was anything but encouraging. The government was getting -paralysed alike by debt and by indecision. 'As for tidings here,' writes -John Bocking, 'I certify you all is nought, or will be nought. The king -borroweth his expenses for Christmas. The King of Arragon, the Duke of -Milan, the Duke of Austria, the Duke of Burgundy, would be assistant to -us to make a conquest, and nothing is answered nor agreed in manner save -abiding the great deliberation that at the last shall spill all -together.' Chief-Justice Fortescue had been for a week expecting every -night to be assaulted.[89-1] The only symptom of vigour at headquarters -was the despatch of a commission of _Oyer and Terminer_ into Kent, for -the trial of those who had raised disturbances during the preceding -summer. As for the county of Norfolk, the only hope lay in a strong -clamour being raised against oppressors. Sir John Fastolf showed himself -anxious about the prosecution of certain indictments against Heydon, and -his servant Bocking, and Wayte, the servant of Judge Yelverton, urged -that strong representations should be made to Lord Scales against -showing any favour to that unpopular lawyer.[89-2] - - [Footnote 89-1: In earlier issues of this Introduction was added: - 'probably for no other reason than his high impartiality.' Mr. - Plummer, I find, who knows him better, has not the same opinion of - Fortescue's impartiality as a politician, but considers that he - was in danger just because he was so strong a Lancastrian. _See_ - Introduction to _The Governance of England_, p. 50.] - - [Footnote 89-2: Nos. 167, 169-174.] - -[Sidenote: Tuddenham and Heydon.] By and by it was seen what good reason -the friends of justice had for their apprehensions. It had been arranged -that Tuddenham and Heydon should be indicted at a sitting of the -commission of _Oyer and Terminer_ at Norwich in the ensuing spring. -Rumours, however, began to prevail in Norwich that they who had promoted -this commission in the county of Norfolk--the Earl of Oxford and Justice -Yelverton, as well as John Paston and John Damme--were to be indicted in -Kent by way of revenge. John Damme had before this caused Heydon to be -indicted of treason for taking down one of those hideous memorials of a -savage justice--the quarter of a man exposed in public. The man was -doubtless a political victim belonging to Heydon's own party; but Heydon -was now looking to recover his influence, and he contrived to get the -charge of treason retorted against Damme. Symptoms were observed in -Norwich that the unpopular party were becoming bolder again. 'Heydon's -men,' wrote James Gloys to John Paston, 'brought his own horse and his -saddle through Aylesham on Monday, and they came in at the Bishop's -Gates at Norwich, and came over Tombland and into the Abbey; and sithen -they said they should go to London for Heydon. Item, some say that -Heydon should be made a knight, and much other language there is which -causeth men to be afeard, weening that he should have a rule -again.'[90-1] - - [Footnote 90-1: Nos. 179 and 180.] - -Full well might Sir John Fastolf and others apprehend that if Heydon or -Tuddenham appeared in answer to the indictment, it would be with such a -following at his back as would overawe the court. No appearance was put -in for them at all at several of the sessions of _Oyer and Terminer_. -One sitting was held at Norwich on the 2nd of March. Another was held -just after Easter on the 29th of April, and Justice Prisot, not the most -impartial of judges, was sent down to Norwich to hold it. Strong -complaints were put in against Tuddenham and Heydon on the part of the -city of Norwich, and also by the town of Swaffham, by Sir John Fastolf, -Sir Harry Inglos, John Paston, and many others; but, as Fastolf's -chaplain afterwards informed his master, 'the judges, by their -wilfulness, might not find in their heart to give not so much as a beck -nor a twinkling of their eye toward, but took it to derision, God reform -such partiality!' The one-sidedness of Prisot, indeed, was such as to -bring down upon him a rebuke from his colleague Yelverton. 'Ah, Sir -Mayor and your brethren,' said the former, 'as to the process of your -complaints we will put them in continuance, but in all other we will -proceed.' Yelverton felt bound to protest against such unfairness. -[Sidenote: Partial justice.] Yet even this was not the worst; for -Prisot, seeing that, with all he could do, the result of the proceedings -at Norwich would scarcely be satisfactory to Tuddenham and Heydon, took -it upon him, apparently by his own authority, to remove them to -Walsingham, where they had most supporters. And there, accordingly, -another session was opened on Tuesday the 4th of May.[91-1] - - [Footnote 91-1: Nos. 119, 185, 186, 192.] - -It was, according to Sir Thomas Howys, 'the most partial place of all -the shire.' All the friends and allies of Tuddenham and Heydon, knights -and squires, and gentlemen who had always been devoted to their -pleasure, received due warning to attend. A body of 400 horse also -accompanied the accused, and not one of the numerous complainants -ventured to open his mouth except John Paston. Even he had received a -friendly message only two days before that he had better consider well -whether it was advisable to come himself, as there was 'great press of -people and few friends'; and, moreover, the sheriff was 'not so whole' -as he had been. What this expression meant required but little -explanation. As Sheriff of Norfolk, John Jermyn was willing to do Paston -all the service in his power, but simple justice he did not dare to -do.[91-2] - - [Footnote 91-2: Nos. 189, 192.] - -[Sidenote: John Paston and Lord Molynes.] He had but too good an excuse -for his timidity. Of John Paston's complaint against Tuddenham and -Heydon we hear no more; we can easily imagine what became of it. But we -know precisely what became of an action brought by Paston at this -sessions against his old adversary Lord Molynes, for his forcible -expulsion from Gresham in the preceding year. John Paston, to be sure, -was now peaceably reinstated in the possession of that manor;[91-3] but -he had the boldness to conceive that undermining his wife's chamber, -turning her forcibly out of doors, and then pillaging the whole mansion, -were acts for which he might fairly expect redress against both Lord -Molynes and his agents. He had accordingly procured two indictments to -be framed, the first against his lordship, and the second against his -men. But before the case came on at Walsingham, Sheriff Jermyn gave -notice to Paston's friends that he had received a distinct injunction -from the king to make up a panel to acquit Lord Molynes.[92-1] Royal -letters of such a tenor do not seem to have been at all incompatible -with the usages of Henry VI.'s reign. John Paston himself said the -document was one that could be procured for six-and-eightpence. - - [Footnote 91-3: No. 178.] - - [Footnote 92-1: No. 189.] - -There was no hope, therefore, of making Lord Molynes himself responsible -for the attack on Gresham. The only question was whether the men who had -done his bidding could not be made to suffer for it. After the acquittal -of their master, John Osbern reports a remarkable conversation that he -had with Sheriff Jermyn in which he did his best to induce him to accept -a bribe in Paston's interest. The gift had been left with the under -sheriff for his acceptance. Jermyn declined to take it until he had seen -Paston himself, but Osbern was fully under the impression that he would -be glad to have it. Osbern, however, appealed also to other arguments. -'I remembered him,' he tells Paston, 'of his promises made before to you -at London, when he took his oath and charge, and that ye were with him -when he took his oath and other divers times; and for those promises -made by him to you at that time, and other times at the _Oyer and -Terminer_ at Lynn, ye proposed you by the trust that ye have in him to -attempt and rear actions that should be to the avail of him and of his -office.' The prospect of Paston being valuable to him as a litigant had -its weight with the sheriff, and he promised to do him all the good in -his power except in the action against Lord Molynes' men; for not only -Lord Molynes himself but the Duke of Norfolk had written to him to show -them favour, and if they were not acquitted he expected to incur both -their displeasure and the king's. In vain did Osbern urge that Paston -would find sufficient surety to save the sheriff harmless. Jermyn said -he could take no surety over £100, and Lord Molynes was a great lord who -could do him more injury than that.[93-1] - - [Footnote 93-1: No. 193.] - - [[The gift had been left with the under sheriff - _text unchanged: expected form "under-sheriff"_]] - -The diplomacy on either side seems to have been conducted with -considerable _finesse_. Jermyn declared that he had been offered twenty -nobles at Walsingham in behalf of the Lord Molynes, but that he had -never received a penny either from him or from any of Paston's -adversaries. Osbern then offered if he would promise to be sincere -towards Paston, that the latter would give him a sum in hand, as much as -he could desire, or would place it in the hands of a middle man whom -Jermyn could trust. In the end, however, he was obliged to be satisfied -with Jermyn's assuring him that if he found it lay within his power to -do anything for Paston, he would take his money with good will. The -negotiator's impression was that he was fully pledged to get Lord -Molynes' men acquitted, but that in all other actions he would be found -favourable to Paston.[93-2] - - [Footnote 93-2: _Ibid._] - -[Sidenote: Parliament.] About this time Parliament, which had now been -prorogued for nearly five months, met again at Westminster. The king's -necessities were doubtless the all-sufficient cause why its meeting -could no longer be dispensed with. The Crown was already in debt to the -sum of £372,000, and was daily becoming more so. The expenses of the -royal household amounted to £24,000 a year, while the yearly revenue out -of which they should have been paid was only £5000. Nor was it by any -means advisable to remedy the matter by imposing fresh taxation; for the -people were so impoverished by the payment of subsidies, the exactions -of the king's purveyors, and the general maladministration of justice, -that the experiment could hardly have been made with safety. An act of -resumption was the only expedient by which it seemed possible to meet -the difficulty; and all grants of crown lands made to any persons since -the first day of the reign were accordingly recalled by statute.[93-3] -In return for this the Commons preferred a petition to the king that he -would for ever remove from his presence and counsels a number of persons -to whom they alleged it was owing both that his possessions had been -diminished, and that the laws had not been carried into execution. -Foremost on the list was the Duke of Somerset; and with him were named -Alice, widow of the late Duke of Suffolk, William Booth, Bishop of -Chester (that is to say, of Coventry and Lichfield),[94-1] Lord Dudley, -Thomas Daniel, and twenty-five others. It was petitioned that they -should never again be permitted to come within twelve miles of the royal -presence, on pain of forfeiture of lands and goods. But the days had not -yet come when a petition against ministers by the Commons was tantamount -to their dismissal. The king indeed felt it best on this occasion to -yield somewhat; but he yielded on no principle whatever. He declared in -reply that he himself saw no cause for their removal; but he was content -to dismiss the most of them for a year, during which period accusations -brought against any of them might be inquired into. Those who were Peers -of the realm, however, he refused to send away; and he insisted on -retaining the services of one or two others who had been accustomed -continually to wait upon him.[94-2] - - [Footnote 93-3: _Rolls of Parl._ v. 217.] - - [Footnote 94-1: The modern see of Chester was separated from this - diocese in the time of Henry VIII.] - - [Footnote 94-2: _Rolls of Parl._ v. 216.] - -Parliament seems shortly after this to have been dissolved, and no -parliament met again till two years later. Of course the influence of -Somerset increased when both Lords and Commons were dismissed into the -country; and we perceive that by the end of the year Thomas Daniel, one -of the old unpopular adherents of the Duke of Suffolk, who, -nevertheless, had not always been acceptable to the Court, was expecting -to recover favour by means of Somerset.[94-3] He is represented as -having cultivated the Duke's friendship for a quarter of a year; so that -we may conclude Somerset's ascendency was at this time unmistakable. -With what degree of discretion he made use of it there is little -evidence to show. One advantage that Daniel hoped to gain through his -influence was the friendship of Tuddenham and Heydon, by whose means, -and by the good offices of Lord Scales, he expected to be allowed to -re-enter the manor of Bradeston, of which he had already dispossessed -one Osbert Munford last year, but had subsequently been dispossessed -himself. The value of a disputed title in any part of England probably -depended very much upon who was supreme at Court. - - [Footnote 94-3: No. 206. Daniel had been out of favour at one time - during Suffolk's ascendency. _See_ No. 75, p. 86.] - -But high as Somerset stood in the king's favour, the course of events -did not tend to make him more acceptable to the people. The loss of -Normandy, in the preceding year, was itself a thing not likely to be -readily forgotten; but the misfortunes of the English arms did not end -with the loss of Normandy. So great, indeed, was the despondency -occasioned by that event that, in the opinion of French writers, Calais -itself would not have been able to hold out if the French had -immediately proceeded to attack it. But Charles was afraid he might have -been deserted by the Duke of Burgundy, whose interests would hardly have -been promoted by the French king strengthening himself in that quarter, -and he declined to attempt it.[95-1] Relieved, however, of the necessity -of maintaining a large force in Normandy, he found new occupation for -his troops in completing the conquest of Guienne, of which a beginning -had already been made by the capture of Cognac and of some places near -Bayonne and the Pyrenees. In November 1450 the French laid siege to -Bourg and Blaye on the Garonne, both of which places capitulated in the -spring of the following year. They were the keys of the more important -city of Bordeaux, which, now perceiving that there was no hope of -succour from England, was obliged to follow their example. This was in -June 1451. [Sidenote: Loss of Gascony and Guienne.] Two months -afterwards Bayonne, too, was obliged to capitulate; and with it the -whole of Gascony and Guienne was as completely lost to the English as -Normandy had been in the preceding year. Calais was now all that -remained to them of their conquests and possessions in France; nor were -they without considerable apprehension that they might be expelled from -Calais too. - - [Footnote 95-1: Basin, i. 247-48.] - -These disasters, which were but the natural sequel to the loss of -Normandy, only served to make more bitter the reflection how the -government of that duchy had been taken out of the able hands of the -Duke of York and given to the incompetent Somerset. The jealousy with -which the latter regarded his rival was heightened by the consciousness -of his own unpopularity. The Duke of York was living in seclusion at his -castle of Ludlow, but Somerset seems to have regarded him with daily -increasing apprehension. He was continually instilling into the king -distrust of York's fidelity as a subject; until at last the latter -thought it expedient to make a public declaration of his loyalty. -[Sidenote: York's manifesto.] He accordingly issued the following -manifesto:-- - - [Sidenote: A.D. 1452.] - - Forasmuch as I, Richard Duke of York, am informed that the King, my - sovereign lord, is my heavy lord, greatly displeased with me, and - hath in me a distrust by sinister information of mine enemies, - adversaries, and evil-willers, where[as] God knoweth, from whom - nothing is hid, I am, and have been, and ever will be, his true - liegeman, and so have I before this, divers times, as well by mouth - as by writing, notified and declared to my said sovereign lord: And - for that this notice so comen unto me of the displeasure of my said - sovereign lord is to me so grievous, I have prayed the reverend - father in God, the Bishop of Hereford,[96-1] and my cousin the Earl - of Shrewsbury, to come hither and hear my declaration in this - matter; wherein I have said to them that I am true liegeman to the - King my sovereign lord, ever have been, and shall be to my dying - day. And to the very proof that it is so, I offer myself to swear - that on the blessed Sacrament, and receive it, the which I hope - shall be my salvation at the day of doom. And so for my special - comfort and consolation I have prayed the said lords to report and - declare unto the King's highness my said offer; and to the end and - intent that I will be ready to do the same oath in presence of two - or three lords, such as shall please the King's highness to send - hither to accept it. In witness whereof I have signed this schedule - with my sign manual, and set thereunto my signet of arms. Written in - my castle of Ludlow, the 9th of January, the 30th year of the reign - of my sovereign lord, King Henry the Sixth.[96-2] - - [Footnote 96-1: Reginald Butler or Boulers, whose appointment to - the see, dated 23rd December 1450, was no doubt due to the Duke of - York's influence.] - - [Footnote 96-2: Stow's _Chronicle_, p. 393.] - -He appears to have waited nearly a month to learn the effect of this -remonstrance. Meanwhile reports came that the French were advancing to -lay siege to Calais. At such a juncture it was peculiarly intolerable -that the administration of affairs should still be intrusted to hands so -notoriously incompetent as those of Somerset; and York, as being the -only man who could stir in such a matter with effect, now made up his -mind to take active steps for Somerset's removal. Nothing, however, -could be done for such an object without a considerable force of armed -men to support him. York accordingly issued the following address to the -burgesses of Shrewsbury:-- - - Right worshipful friends, I recommend me unto you; and I suppose it - is well known unto you, as well by experience as by common language - said and reported throughout all Christendom, what laud, what - worship, honour, and manhood, was ascribed of all nations unto the - people of this realm whilst the kingdom's sovereign lord stood - possessed of his lordship in the realm of France and duchy of - Normandy; and what derogation, loss of merchandize, lesion of - honour, and villany, is said and reported generally unto the English - nation for loss of the same; namely (_i.e._ especially) unto the - Duke of Somerset, when he had the commandance and charge thereof: - the which loss hath caused and encouraged the King's enemies for to - conquer and get Gascony and Guienne, and now daily they make their - advance for to lay siege unto Calais, and to other places in the - marches there, for to apply them to their obeisance, and so for to - come into the land with great puissance, to the final destruction - thereof, if they might prevail, and to put the land in their - subjection, which God defend. And on the other part it is to be - supposed it is not unknown to you how that, after my coming out of - Ireland I, as the King's true liegeman and servant (and ever shall - be to my life's end) and for my true acquittal, perceiving the - inconvenience before rehearsed, advised his Royal Majesty of certain - articles concerning the weal and safeguard, as well of his most - royal person, as the tranquillity and conservation of all this his - realm: the which advertisements, howbeit that it was thought that - they were full necessary, were laid apart, and to be of none effect, - through the envy, malice, and untruth of the said Duke of Somerset; - which for my truth, faith, and allegiance that I owe unto the King, - and the good will and favour that I have to all the realm, laboreth - continually about the King's highness for my undoing, and to corrupt - my blood, and to disinherit me and my heirs, and such persons as be - about me, without any desert or cause done or attempted, on my part - or theirs, I make our Lord Judge. Wherefore, worshipful friends, to - the intent that every man shall know my purpose and desire for to - declare me such as I am, I signify unto you that, with the help and - supportation of Almighty God, and of Our Lady, and of all the - Company of Heaven, I, after long sufferance and delays, [though it - is] not my will or intent to displease my sovereign lord, seeing - that the said Duke ever prevaileth and ruleth about the King's - person, [and] that by this means the land is likely to be destroyed, - am fully concluded to proceed in all haste against him with the help - of my kinsmen and friends; in such wise that it shall prove to - promote ease, peace, tranquillity, and safeguard of all this land: - and more, keeping me within the bounds of my liegeance, as it - pertaineth to my duty, praying and exhorting you to fortify, - enforce, and assist me, and to come to me with all diligence, - wheresoever I shall be, or draw, with as many goodly and likely men - as ye may, to execute the intent abovesaid. Written under my signet - at my castle of Ludlow, the 3rd day of February. - - Furthermore I pray you that such strait appointment and ordinance be - made that the people which shall come in your fellowship, or be sent - unto me by your agreement, be demeaned in such wise by the way, that - they do no offence, nor robbery, nor oppression upon the people, in - lesion of justice. Written as above, etc. - - Your good friend, - R. YORK.[98-1] - - To my right worshipful friends, the bailiffs, burgesses and - commons of the good town of Shrewsbury. - - [Footnote 98-1: Ellis's _Letters_, First Series, i. 11-13.] - -[Sidenote: York marches towards London.] Having thus collected a -sufficient body of followers, the duke began his march to London. The -Earl of Devonshire, Lord Cobham, and other noblemen also collected -people and joined him.[98-2] The king and Somerset, however, being -informed of his intentions, set out from the capital to meet him, -issuing, at the same time, an imperative summons to Lord Cobham, and -probably to the duke's other adherents, to repair immediately to the -royal presence.[98-3] But the duke, who had no desire to engage the -king's forces, turned aside and hoped to reach London unmolested. He -sent a herald before him to desire liberty for himself and his allies to -enter the city; but strict injunctions to the contrary had been left by -the king, and his request was refused. Disappointed in this quarter, it -was natural that he should look for greater sympathy in Kent, where, -doubtless, smouldered still the remains of past disaffection. He -accordingly crossed the Thames at Kingston Bridge, and proceeded with -his host to Dartford. The king's army followed and pitched their camp -upon Blackheath. And so, on the 1st of March 1452, there lay, within -eight miles of each other, two formidable hosts, which any further -movement must apparently bring into collision. - - [Footnote 98-2: _English Chronicle_ (ed. Davies), 69.] - - [Footnote 98-3: Nicolas's _Privy Council Proceedings_, vi. 116. - According to Fabyan, the king and Somerset set out on the 16th of - February. The summons to Lord Cobham, though dated Westminster, - was issued on the 17th.] - -To judge from one contemporary account,[99-1] the duke's position must -have been a strong one. He had a body of ordnance in the field, with no -less than 3000 gunners. He himself had 8000 men in the centre of his -position; while the Earl of Devonshire lay to the south with another -detachment of 6000, and Lord Cobham by the river-side commanded an equal -force. Seven ships lay on the water filled with the baggage of the -troops. But the strength of the king's army appears to have largely -exceeded these numbers;[99-2] and even if the duke had wished to provoke -a conflict, it was evidently more prudent to remain simply on the -defensive. He accordingly left the responsibility of further action to -those of the king's party. - - [Footnote 99-1: _Cottonian Roll_, ii. 23. _See_ Appendix to this - Introduction.] - - [Footnote 99-2: _Rolls of Parl._ v. 346. The statement in the Act - of Attainder passed against the Duke of York seven years - afterwards, that he was 'of no power to withstand' the king on - this occasion, is liable to suspicion, but it is confirmed by the - testimony of Whethamstede, 348.] - -In this crisis the lords who were with the king took counsel together, -and determined, if possible, to labour for a compromise.[99-3] An -embassy was appointed to go to the Duke of York, and hear what he had to -say. It consisted of the wise and good prelate Waynflete, Bishop of -Winchester, and Bourchier, Bishop of Ely (afterwards Archbishop of -Canterbury), the Earls of Salisbury and Warwick, Lord Beauchamp, Lord -Sudeley, and some others. The answer made by York was, that no ill was -intended against either the king or any of his Council; that the duke -and his followers were lovers of the commonweal; but that it was their -intention to remove from the king certain evil-disposed persons, through -whose means the common people had been grievously oppressed. Of these -the Duke of Somerset was declared to be the chief; and, indeed, his -unpopularity was such that even those on the king's side would seem to -have seconded the Duke of York's demand. After a consultation the king -consented that Somerset should be committed to custody until he should -make answer to such charges as York would bring against him.[100-1] - - [Footnote 99-3: 'The Lords, both spiritual and temporal, took the - matter in hand.' _Three Fifteenth Century Chronicles_ (Camden - Soc.), 69. So also _Chronicle of London_, 137.] - - [Footnote 100-1: Fabyan.] - -Nothing more seemed necessary to avert civil war. On a simple pledge -given by the king that Somerset should be placed in confinement, and -afterwards put on his trial, the Duke of York at once broke up his camp -and ordered his men home. He then repaired himself to the king's tent to -express his loyalty. [Sidenote: York is entrapped,] But no sooner had he -arrived there than he found he was deceived. The king, in violation of -his promise, kept the Duke of Somerset attending upon him as his chief -adviser, and York was virtually a prisoner. He was sent on to London in -advance of the king, in a kind of honourable custody, attended by two -bishops, who conducted him to his own residence; but what to do with him -when he got there was a difficulty. His enemies feared to send him to -the Tower. There were 10,000 men yet remaining in the Welsh Marches, -who, on such a rumour, would have come up to London; and it was not very -long before they were reported to be all under arms, and actually on the -march, with the duke's young son at their head--Edward, Earl of March, -boy as he was, not yet quite ten years old.[100-2] - - [Footnote 100-2: Fabyan. _Three Fifteenth Century Chronicles_, 69, - and the MS. Chronicle, Vitell. A. xvi.] - -York had distinctly accused the Duke of Somerset as a traitor. He was -now in Somerset's power, but the latter did not dare to retort the -charge upon him. Yet if Somerset was not a traitor, the course pursued -by York was utterly indefensible. He had actually taken up arms against -the Crown, to remove by force the minister in whom the king had placed -his confidence. But unfortunately Somerset knew too well that if he made -this a ground of accusation against his rival, recrimination would be -sure to follow, and he himself would incur a weight of public odium -which might possibly lead to the same result as in the case of Suffolk. -The wisest and most politic course for himself was not to impeach the -Duke of York, but, if possible, to shut his mouth and let him go free. -No accusation, therefore, was drawn up. [Sidenote: and compelled to -swear allegiance.] An oath of allegiance, binding him over to keep the -peace in time coming, was all that was required. It was on the 1st of -March that York had repaired to the king's tent and found himself in his -rival's power. On the 10th he was brought to St. Paul's, and there -publicly made oath as follows:-- - - I, Richard, Duke of York, confess and beknow that I am and ought to - be humble subject and liegeman to you, my sovereign Lord, King Henry - the Sixth, and owe therefore to bear you faith and truth as to my - sovereign lord, and shall do all the days unto my life's end; and - shall not at any time will or assent, that anything be attempted or - done against your noble person, but wheresoever I shall have - knowledge of any such thing imagined or purposed I shall, with all - the speed and diligence possible to me, make that your Highness - shall have knowledge thereof, and even do all that shall be possible - to me to the withstanding thereof, to the utterest of my life. -I shall not in no wise any thing take upon me against your royal - estate or the obeisance that is due thereto, nor suffer any other - man to do, as far forth as it shall lie in my power to let it; and - also I shall come at your commandment, whensoever I shall be called - by the same, in humble and obeisant wise, but if [_i.e._ unless] I - be letted by any sickness or impotency of my person or by such other - causes as shall be thought reasonable to you, my sovereign lord. -I shall never hereafter take upon me to gather any routs, or make any - assembly of your people, without your commandment or licence, or in - my lawful defence. In the interpretation of which my lawful defence, - and declaration thereof, I shall report me at all times to your - Highness, and, if the case require, unto my peers: nor anything - attempt by way of faite against any of your subjects, of what - estate, degree, or condition that they be. But whensoever I find - myself wronged or aggrieved, I shall sue humbly for remedy to your - Highness, and proceed after the course of your laws, and in none - other wise, saving in mine own lawful defence in manner above said; - and shall in all things abovesaid and other have me unto your - Highness as an humble and true subject ought to have him to his - Sovereign Lord. - - All these things above said I promise truly to observe and keep, by - the Holy Evangelists contained in this book that I lay my hand upon, - and by the Holy Cross that I here touch, and by the blessed - Sacrament of our Lord's body that I shall now with His mercy - receive. And over this I agree me and will that if I any time - hereafter, as with the grace of our Lord I never shall, anything - attempt by way of fear or otherwise against your royal majesty and - obeisance that I owe thereto, or anything I take upon me otherwise - than is above expressed, I from that time forth be unabled, [held - and taken as an untrue and openly forsworn man, and unable][102-1] - to all manner of worship, estate, and degree, be it such as I now - occupy, or any other that might grow unto me in any wise. - - And this I here have promised and sworn proceedeth of mine own - desire and free voluntee and by no constraining or coercion. In - witness of all the which things above written I, Richard, Duke of - York above named, subscribe me with mine own hand and seal, with - this mine own seal, &c.[102-2] - - [Footnote 102-1: These words are not in the copy in the _Rolls - of Parliament_, but they occur in that given in Holinshed's - _Chronicle_.] - - [Footnote 102-2: _Rolls of Parl._ v. 346.] - -With this guarantee for his future loyalty, the duke was permitted to -return into his own country. - -Somerset might well be pleased that the matter should be settled thus; -for if the charges York brought, or at least was prepared to have -brought, against him were only one-half true (and some of them certainly -were true altogether), his administration of the Duchy of Normandy was a -mixture of indiscretion and dishonesty at which the nation had good -right to be indignant. We have already seen how in concert with the Duke -of Suffolk he had authorised a perfidious breach of the truce with -France in the capture of Fougères. We have also seen how ill prepared he -was for the consequences; how he discovered too late the weakness of all -the garrisons; how the French king recovered town after town, and the -English were finally expelled from Normandy in less than a year and a -half after the unjustifiable outrage. [Sidenote: York's charges against -Somerset.] But if any credit may be given to the further charges -brought against him by the Duke of York,--charges which agree only -too well with the character attributed to him by the most impartial -authorities[102-3]--Somerset had himself to blame in great measure for -the defenceless condition of the country committed to his protection. -On his first going into Normandy he had jobbed the offices under his -control. For the sake of private emolument he had removed a number of -trusty and experienced captains, filling their places with creatures of -his own, or men who had paid _douceurs_ for their posts; and only on -receipt of still greater bribes would he consent to restore any of those -that had been put out. He had, however, actually reduced many garrisons, -while he had taxed the inhabitants of the Duchy beyond all reason for -the means of defence. His administration of justice, too, had been such -as to excite the most vehement dissatisfaction, and had made the whole -native population impatient of English government. He had, moreover, -pocketed the compensation given by France to the dispossessed Englishmen -of Anjou and Maine. Worse still, after all his maladministration and ill -success, he had prevailed on the king to make him captain of Calais, -which it seemed as if he was on the point of losing also in as careless -and culpable a manner as he had already lost Normandy. - - [Footnote 102-3: The character given of the Duke of Somerset by - the contemporary historian Basin is on the whole favourable, and - may be supposed to be impartial. He describes him as handsome in - person, gentle and urbane in manner, and well inclined towards - justice; but all these graces were marred by an insatiable avarice - which would not let him rest content with the immense wealth he - had inherited from Cardinal Beaufort; and by continually coveting - the riches of others he brought ruin on himself. Basin, i. 193.] - -Here, however, is the full text of the accusation,[103-1] as prepared by -York himself:-- - - Thies articles and pointes folowyng yeve, shewe and ministre I, - Richard Duc of York, youre true liegman and servaunt unto youre - highnesse, summarily purposyng and declaryng thaym ayeinst Edmond - Duc of Somerset for the grete welfare and the comen availle and - interesse of youre mageste Roiall and of this youre noble roialme, - aswell to bryng to knawlege and understondyng the meanes and causes - of the grete myscheves and inconvenientz which late befe[l] unto - this youre said noble roiame, as in losse of youre lyvelode by yonde - thee see and otherwyse in ponisshment of deservitours and excuse of - innocencie, and also in puttyng aside and eschuyng of the grete and - importable hurte and prejudice which ben like, withouten that - purviaunce be had of remedie, to succede in shorte tyme. To the - which articles and every of theym I, the seid Duc of York, desire of - youre egall and indifferent rightwesnesse that the seid Edmond - answere by his feith and trouth, the sacrement of his othe - thereuppon made, duly and truly as lawe and conscience requireth; -I also desiryng, for the veraly examinacion and knowlech of trouth - theruppon to be had, and for the grete and singuler weel of this - youre said Roiame, to be admytted to the prefe, and to yeve evidence - in the said articles that folowyn in such as he woll denye, after - the equite and consideracion of lawe in such case, and processe had, - and also of good feith and conscience justice thereafter to be don - and executid. - - First, I article and declare that the seid Edmond Duc of Somersett - hath be meane, consenter, occasioner, cause and mediatour, both by - his inwarde knowlege and expresse consent, by counseill, and - worchyng thurghe diverse subtyle weyes and meanes, as by violent - presumpcion and otherwyse is knowen and understonde, and furthermore - also by his inordinate negligence, lacchesse and wilfull - rechelessnes and insaciate covetyse, of the losse and amission of - youre Duchie of Normandie, rejoissed and possessed at this tyme, for - the defence of his negligent kepyng and otherwyse before reherced, - by youre enemyes. Which may clerly by (_sic_) understonde by the - meanes and causes that folowen; of the which and for such one he is - openly called, reputed and had by the comen fame and voice. Of the - which oon cause is that the seid Duc of Somersett, at his first - comyng into Normandie, chaunged and putt out of theire occupacion - and youre service, withoute skyll, cause or reason, all the true and - feithfull officers, for the most partie, of all Normandie, and put - in such as hym liked for his owne singuler availe and covetyse, as - it apperith well, inasmoch as ther coude noon of theym that were so - put out be restored agayn withoute grete giftes and rewardes, which - was full unfittyng. And furthermore did put in prison many diverse - and notable persones of youre seid Duchie, withoute cause, justice - or any ordinarie processe made agayn theym or due examinacion, and - by that meane did grete extorcions and rered unlawfully grete sommes - undre colour of amendes and composicions, wherby the cuntre for such - wrong and faute of justice grucched sore agayn hym and his - governaunce and caused the people to arise in theire conseytes and - to take grete displeasir; and that was a grete occasion and cause of - the losse of youre said Duchie of Normandie. - - Item, the seid Edmond Duc of Somerset was cause and consenter - voluntarie of the brekyng of the trues and pais for a tyme had - betwene youre highnes and youre uncle of Fraunce, which was well - understond at the taking of Fogiers in Britaigne by Sir Fraunceys - Larragonneys thurgh his avise, consentement, and counseile; and also - duryng the said trues made more strong and fortified diverse places - disopered by youre commaundement, as Morteyn and Seint Jakes de - Beveron, ageyn the appointement of the seid trues; uppon which youre - uncle did sommon hym to make a-seeth [_satisfaction_] and for to - disimpaire the seid fortifying and wrong don agayn the trues, and in - asmoch as non aseeth by hym was don, nor [he] lefte not of his seid - fortifiyng, caused youre seid uncle to have, as he pretende, cause - to breke the said trues on his partie; which brekyng of trues was - oon of the verray cause of losse of Normandie. And thus he brake the - seide trues ayeinst his promysse and true feith made to youre - highnes, which was to kepe and entretyn the said trues, and so did - ayen the lawe in this behalve and youre statutes of the roiame. - - Item, he put away and diminisshed diverse garnisons and other strong - places of youre seid Duchie of Normandie of soudiours and of men of - werre which were accustumed to abide uppon the suerte and saufgarde - of the same, howe be hit he had verrayly knowlege that youre ennmyes - were full determi[ned] for to ley seges to put the same places in - theire subjeccion, not paiyng duely nor contentyng such soudiours as - abode uppon the defences of the same places; he reryng at that tyme - in youre said Duchie as grete tailles and aides as were in long tyme - before duryng the werre; and that caused the soudiours in diverse - strong places for poverte, not havyng hors nor harneys, and also the - nombre diminisshed, to be of non poiaire to make resistence, and - that was a grete cause of the losse of Normandie. The losse of which - caused the perdicion of Gascoigne and Guyen. - - Item, the Duc of Somersett wold yeve noo counseile, aide ne helpe - unto the capitanis of diverse stronge places and garnisons which at - that tyme, constreyned by nede, desired of hym provision and relief - for abillement of werre to resiste the malice of theire enemyes - daily makyng fressh feetes of werre uppon theym; he gevyng theym - noone aide nor help, but lete theym contynue in theire malice, howe - be it that diverse places were lost before: and what tyme that the - said places were beseged and sent for help and socour unto hym he - wold graunte no maner of comforte, but suffred hem appoint and - compounde with here enemyes as well as they myght for theire ease - and suertee, makyng no maner of provision for the kepyng of the - places which remayned; insomuch that he made non ordinaunce nor - provision for the toun, castell, and places of Rouen, neither of - men, stuffe ne vitaile, the knowlage that he had of youre enemyes - comyng thereunto notwithstondyng, yevyng licence unto the - Archiebisshopp, chanons and burgeys of the same toun for to goo or - sende to compounde with youre enemyes for the deliveraunce of the - same, notwithstondyng that afore that tyme the enemyes which were - entred in to the same toun were worshiply put oute and betyn of by - the Erle of Shrowesbury and other notable persones, and withdrawen - to Pontlarge and Loviers, and at that tyme, they beyng so - withdrawen, licenced to appointe as it is aforeseid. Which was - plainly ayeinst his promys, feith and liegeaunce that he of right - oweth unto you, and ayeinst the tenure of the endentures made betwix - youre highnes and hym of the charge of that londe, the which - licence, and it had not ben don, the seid toun had abiden undre - youre obeisaunce, the losse of whiche was a verray ope - . . . .[106-1] cause of the perdicion of Normandie. - - Item, the said Duc of Somersett, for to colour his defautes and - wilfull purp[o]s in the premisses, entred in to youre palaice of - Rouen not vitailed nor fo[rnisshed][106-1] for defence, where he - myght savely absentid hym, and yeldid up the said Palaice and - Castell, and moreover other good tounes, castels and - [fortresses],[106-1] as Caudebek, and other diverse, as Tancarville, - Moustervillers, Arques, key of all Caulx, not beseged nor in perell - of losse at that tyme, for the enlargisshyn[g] and deliveraunce of - hym, his childre and goodes; which myght not, nor hath not, be done - nor seen by lawe, resoun or cronikel, or by cours or a . . . . . . - any leftenant, all though that he had be prisoner: Witnesse the Duc - of Orliaunce, the Duc of Burbon, the Duc of Alansum and other . . . - . . . for whom was none delyvered, al though they had many strong - places of theire owen. And furthermore fore the suertee of - delyveraunce of . . . . . . tounes, castell and forteresses which - were wel furnysshed for to have resisted youre enemyes, and to have - biden within youre obeisaunce, delyvered in ostage the Erle of - Shrowesbury, that tyme Marescall of Fraunce, and other notable - persones which shuld have defended youre lande there ayens the - malice of youre enemyes; and in likewyse apointed to delyver Honflu, - which was in noo gret perell, ne had be that it was retardyd by - youre lettres and so by that fraudelent and inordinat meane all was - lost and yoldon up, as hereafter by more evident declaracions it - shalbe clerely [proved].[106-2] - - Item, the said Duc of Somerset hath contrived and ymagined, helped - or consented to the grete and importable losse of Cales to be undre - the obeisaunce of the Duc of Burgoyn, as it apperith openly by - diverse skilles, evidencez, and resons; that is to sey, in asmuch as - he desired and made laboures, or at the lest toke uppon hym, for to - be capiten of the seid Toun of Cales, knowyng and understondyng well - the grete murmur and sclaunder which daily rennyth agayn hym for the - losse and sale, as it is surmyttid, of Normandie, to the grete - discoragyng of the soudiours of the said Toun; where as the comen - fame is that he will bylike sotill meanes contrive and ymagyn the - losse and amission of youre said Toun of Cales, like as he hath - afore causid the perdicion of youre Duchie of Normandie; which - apperith well, in asmoch as he hath desirid the terme of a monyth - without more, that, in case that the said Toun were besegid and not - rescuyd within the said monyth, that than he shuld stond discharged - though it were delyvered to youre enemyes; within which tyme it were - impossible, or at the lest full unlikly, that never myght be - assembled for the rescu therof, where as it may and hath be - here-before kept ayens the force of youre enemyes moche lenger tyme - in grete jupardy; which is so grete an hevynesse and trouble to - youre said soudiours, that by theire langage, demenyng and - communicacion it may be understond that they will not be so herty - nor feithfull to the welfare and defence of the said Toun as they - shuld be in case they had a captayn more agreable unto theym. And - also this premisse apperith well in asmoch as the comen voyce, - langage, and fame is, and also grete prefe and evidence shalbe made - theruppon, that the seid Duc of Somerset, in hope of mariage to be - doon and had be twix the Duc son of Burgoyn[107-1] and one of his - doughters, had made a promysse and behest to the said Duc of - Burgoyne, or Duchesse by his meane, concent and massangers, of the - delyverey of the Toun of Cales, to be done by such sotill meanes as - shuld not be understond neither of youre highenes nor of youre - subgettz. - - Item, the said Duc of Somerset is cause of grete hurte, robbery, - manslauter and other myscheves daily done and contynued in this - youre roialme, in asmoch as he resceyved and had at the delyverey of - Anjoy and Mayn iij.{xx} xij.{m} (72,000) frankes or there aboutes, - which were graunted and ordeyned to the Englisshmen havyng theire - [_there_] lyvelode for theire recompense and asyth for the lyverey - up of theire seid lyvelode at the said delyveraunce, and wold not - dispose the same money nor departe therfrom, bot kepith it still to - his owne use and singuler availe, notwithstondyng that he was - recompensid for his lyvelode in that cuntrey in youre Duchie of - Normandie of a more value than the gift therof was worth, which - causith the said Englisshmen to be here in grete povertee; of which - povertee no doute commyth grete myscheve daily within your said - roiame. And also in so muche as many diverse soudiours of Normandye - were not paied theire wages, where he rerid grete and notable sommes - of youre Duchie of Normandie for ther agrement, which non paiement - and poverte causith also daily grete inconvenientz within this your - lande. - - Item, that these forsaid articles and poyntz be just and true it may - well appere by many grete presumpcions beside evident prefes that - shalbe made thereuppon with open and notarie fame and voice of the - people, and also inasmoch as the said Duc of Somerset hath be double - and untrue in many and diverse pointes, and in especiall that he - hath desirid a recompense of youre highnes for the counte of Mayn - for the delyverance therof, where it was specified in youre lettres - patentes of your graunte therof to hym made that ye shuld be at your - libertee to dispose it at your pleasere in case that ye for the - meane of the pease wold do make a lyverey thereof unto youre uncle - of Fraunce; and yit at the tyme of delyveraunce thereof he wold not - agree therto unto tyme that he were recompensid, as it is aforesaid, - in youre Duchie of Normandie to a more value than his said graunte - drue to. - - Item, thees forsaid articles, everyche of theym and every parte of - theym, purposyth and ministre I, Richard, Duc of York, ayens the - said Duc of Somersett joyntly and severally not atteigne to a more - strate nor chargeable prefe than your lawe in such case and processe - will require; desiryng of youre highnesse and rightuous justice that - in asmoche as lawfully may ayenst hym be foundon or previd, that - jugement in that partie be had and executid unto youre highnes for - yours and youre roialmes prosperite and welfare, indende not elles - bot the salvacion and indempnite of youre most roiale persone, and - also alle youre feithfull subgettz, in which y reporte me to God and - all the word [_world_]. - - [Footnote 103-1: Printed in this Introduction for the first time - from the original in the Cottonian MS., Vesp. C. xiv. f. 40. The - first paragraph of this document is quoted by Stowe in his - _Chronicle_, p. 397, and the charges are referred by him to the - thirty-third year of the king's reign, _i.e._ the latter part of - A.D. 1454, which is certainly erroneous. The date which he - intended, indeed, was the latter part of the year 1453, when the - Duke of Somerset was arrested and sent to the Tower; but this date - also is quite impossible.] - - [Footnote 106-1: MS. mutilated.] - - [Footnote 106-2: A line seems here to be cut off in the MS. at - the bottom of the leaf.] - - [Footnote 107-1: Charles, afterwards Charles the Bold, son of - Philip the Good, who was at this time Duke of Burgundy.] - - [[Anjoy and Mayn iij.{xx} xij.{m} (72,000) frankes - _the letters shown as {superscripts} were printed directly above - the preceding numbers_] - -I imagine this paper must have been really handed in by York to the -lords of the king's Council. It is preserved among the MSS. in the -Cottonian Library, a large number of which were undoubtedly at one time -part of the public records of the realm. But in any case we can hardly -doubt that Somerset understood quite sufficiently the grounds on which -he was so generally hated; nor is it by any means improbable that the -armed remonstrance of the Duke of York produced some real effect, if -only for a time. This at least we know, that only four days after the -oath taken by York at St. Paul's, active and energetic measures began to -be taken for the defence of Calais. [Sidenote: Defence of Calais.] -Historians, as Sir Harris Nicolas truly remarks, do not seem hitherto to -have been aware of the imminent danger in which even Calais at this time -stood of being lost, like the other English conquests, a full century -before it was actually recovered by the French. Rumours that Calais -would be besieged reached England in the beginning of May 1450, along -with the news of the Duke of Suffolk's murder.[108-1] In August 1451 a -reinforcement of 1150 men was sent thither in twelve vessels, under the -Lords Beauchamp and Sudeley. In the February following, as we have seen, -York wrote of the success of the French in Gascony having emboldened -them to lay siege to Calais again. And now, on the 14th of March, when -Charles was advancing towards the last English stronghold, with the most -formidable army that had been seen for years, and when men had begun to -fear that he would be able not only to gain possession of Calais with -ease, but even to invade and ravage England, steps were at last taken -for the immediate formation of a fleet. - - [Footnote 108-1: Letter 121.] - -A royal navy had undoubtedly existed for a long time before the days of -Henry VI., but it never amounted in itself to a very formidable force, -and in time of war recourse was always had to impressment on the large -scale. But the neglect of the sea was during this reign the constant -complaint of Englishmen. For want of an efficient fleet the mercantile -interest continually suffered, the fisheries could not safely be -visited, and even the dwellers at home were insecure. The fact was -confessed by the greatest eulogists of Henry VI., who had not a thought -of impugning his government. 'Our enemies,' says Capgrave in his -_Illustrious Henries_,--'Our enemies laugh at us. They say, "Take off -the ship from your precious money, and stamp a sheep upon it to signify -your sheepish minds." We who used to be conquerors of all nations are -now conquered by all. The men of old used to say that the sea was -England's wall, and now our enemies have got upon the wall; what think -you they will do to the defenceless inhabitants? Because this business -has been neglected for so many years it now happens that ships are -scanty, and sailors also few, and such as we have unskilled for want of -exercise. May God take away our reproach and raise up a spirit of -bravery in our nation!'[109-1] - - [Footnote 109-1: _Capgrave de Illust. Henricis_, 135.] - -There were already available for the king's service a certain number of -ships in the Thames, and at Winchelsea and Sandwich. The chief of these -vessels was called the _Grace Dieu_--a name which was perhaps -traditional, for it was handed down to Tudor times when, with the king's -own Christian name prefixed, it was always given to the largest of the -fleet.[109-2] The Earl of Shrewsbury[110-1] was appointed to take the -command of the whole army at sea, and efforts were made to augment the -squadron with as large a force as possible. On the 14th of March 1452 a -commission was given to Lord Clifford, which was doubtless one of a -number given to various noblemen, to negotiate for this purpose with -shipowners, knights, and gentlemen in the district where he commonly -resided; and he was instructed to take the command of all such vessels -as he could raise, and bring them into the Downs to join with -Shrewsbury. The appeal to patriotism was not made in vain. Many -shipowners came forward, offering not only to lend but to victual their -own ships for the service. But full powers were also given to arrest -ships, shipmasters, and mariners, to make up a sufficient number. To -every man not furnished with victuals by the benevolence of others, -twelve pence a week was offered on the king's behalf, with a customary -share in any booty that he might help to capture at sea. Captains of -ships were to have in addition a reward of ten marks, or £10, at the -discretion of Lord Clifford. Altogether we may presume that the -defensive measures taken at this time were sufficient, for we hear no -more during the next few years of any attempt to lay siege to Calais. - - [Footnote 109-2: The _Henry Grace Dieu_ of Henry VIII.'s time is, - however, better known by its popular epithet of the _Great - Harry_.] - - [Footnote 110-1: The Earl of Shrewsbury, as already mentioned, had - been given up to the French in 1449 as a hostage for the delivery - of certain towns in Normandy. It is said that he only recovered - his liberty on taking oath never to bear arms again against the - French, but that on visiting Rome in the year of Jubilee, 1450, he - obtained an absolution from this engagement.--_Æneæ Sylvii Opera_, - 441.] - - -_Amnesty at Home--Disaster Abroad_ - -[Sidenote: General pardon.] As to internal dissensions at home, it was -quite in accordance with the weakness of the king's character to believe -that he had now stilled the chief elements of danger. His piety -suggested to him to complete the good work by a general political -amnesty. The year 1450, as being the concluding year of a half-century, -had been celebrated as a jubilee at Rome, during which a general -indulgence and pardon were granted to all who visited the Imperial City. -There was also, according to precedent, a bull issued at the close of -the year to extend these benefits still further. Taking his example from -the great Spiritual Ruler, the king, on Good Friday, the 7th of April -1452, offered publicly a general pardon to all who had been guilty of -acts of disloyalty to himself, and who would apply to his Chancery for -letters patent.[111-1] The offer was, undoubtedly, both gracious and -humane. It sprang from a genuine love of peace on the king's part, and -probably went far to make the government of Somerset endurable for some -months longer. Amid the confusion and troubles of the times, thousands -must have felt that they needed the royal clemency to protect them -against the severity of the laws. One hundred and forty-four persons, -among whom was Thomas Young of Bristol--he who had proposed in -Parliament that York should be proclaimed heir to the crown--obtained -sealed pardons on that very Good Friday. Some two or three thousand -others laid claim to the like indulgence, and had patents granted to -them at a later date.[111-2] Only a very few persons were excepted on -account of the enormity of their offences. - - [Footnote 111-1: Whethamstede, 317.] - - [Footnote 111-2: The names are all entered on the _Pardon Roll_ of - 30 and 31 Henry VI. Among the hosts of less interesting names, we - find that the Duke of York took out a pardon on the 3rd of June; - the Duke of Norfolk and the young Duke of Suffolk on the 23rd of - the same month; Thomas Percy, Lord Egremont, on the 1st; Thomas - Courtenay, Earl of Devon, on the 20th, and Sir William Oldhall, - who is called of Hunsdon, on the 26th. Ralph, Lord Cromwell, had - one on the 22nd May, and Robert Wynnyngton of Dartmouth (the - writer of Letter 90) on the 28th July. On the 12th July a joint - pardon was given to Sir Henry Percy, Lord Ponynges, and Eleanor, - his wife, kinswoman and heir of Sir Robert Ponynges. At later - dates we have also pardons to Henry, Viscount Bourchier, and Sir - John Talbot, son and heir of the Earl of Shrewsbury.] - -One part of his kingdom, however, Henry himself did not expect to pacify -by such means only. The state of the county of Norfolk had been so -represented to him that he felt it necessary to send thither the Duke of -Norfolk. 'Great riots, extortions, horrible wrongs and hurts,' were the -subject of complaint, and nothing but an impartial inquiry would give -satisfaction. The duke on coming into the country issued a proclamation, -urging all who had any complaints to make to lay them freely and -fearlessly before him. But free and fearless evidence was not likely to -be had without a strong guarantee for the protection of witnesses. -Already the news of the duke's coming had got wind, and some of the -dependants of Lord Scales, who had been amongst the principal offenders, -had given notice that any complaints against _them_ would be redressed -in another fashion after the duke's departure. In the absence of the -duke Lord Scales had been always hitherto the natural ruler of the -county, and it was under his protection that Sir Thomas Tuddenham, Sir -Miles Stapleton, John Heydon, and others had dared to make themselves -unpopular. Norfolk accordingly declared in the same proclamation that he -intended henceforth to vindicate for himself so long as he lived the -chief power and authority in the county which bore his name, subject -only to that of the king himself. [Sidenote: Intended royal visit to -Norfolk.] And to give still greater encouragement to the well-disposed, -he announced that the king himself would shortly visit the county, -before whom all who desired it should have their grievances -redressed.[112-1] - - [Footnote 112-1: No. 210.] - -That the king actually visited Norfolk at this time I do not find from -any other evidence. A letter written on St. George's Day says that he -had been expected at Norwich or Claxton for ten days past. Encouraged by -the duke's proclamation, several gentlemen of the county had drawn up a -complaint against Charles Nowell, and were waiting to know in what -manner they should present it. [Sidenote: Complaint against Charles -Nowell.] This Charles and a number of others appear to have been keeping -the country east of Norwich at the time in continual alarm and -confusion. They held their rendezvous at the house of one Robert -Ledeham, from which they would issue out in bands of six, or twelve, or -sometimes thirty or more, fully armed with bows and arrows, spears and -bills, jacks and sallets.[112-2] No place was sacred from their -outrages. On Mid-Lent Sunday they had attacked two servants of the -Bishop of Norwich inside the church at Burlingham, and would have killed -them behind the priest's back while they were kneeling at the mass. On -the 6th of April they had endeavoured to break into the White Friars at -Norwich on pretence of wishing to hear evensong; but having publicly -declared in the town that they intended to get hold of certain citizens, -either alive or dead, the doors were shut against them. Happily, before -they accomplished their purpose the mayor and aldermen came to the spot. -A multitude of people had meanwhile assembled in the streets, and the -rioters, finding the odds considerably against them, quietly took their -departure.[113-1] - - [Footnote 112-2: Coats of mail and helmets.] - - [Footnote 113-1: Nos. 211, 217, 241.] - -[Sidenote: John Paston assaulted at Norwich Cathedral.] John Paston had -a complaint of his own to make against these wrongdoers. Charles Nowell -himself, and five others, had attacked him at the door of Norwich -Cathedral. He had with him at the time two servants, one of whom -received a blow on the naked head with a sword; and he himself was -seized and had his arms held behind him, while one of the company struck -at him. But for a timely rescue his death would seem to have been -certain. On the very day on which this occurred his wife's uncle, Philip -Berney, was waylaid by some of the same fellowship, in the highway under -Thorpe Wood. Berney was riding, accompanied by a single servant, when -their two horses first were wounded by a discharge of arrows. They were -then speedily overtaken by their assailants, who broke a bow over Philip -Berney's head, and took him prisoner, declaring him to be a traitor. To -give a further colour to their proceedings, they led him prisoner to the -Bishop of Norwich, demanding surety of him to keep the peace, and, when -they had obtained it, let him go. Philip Berney lived more than a year -after the adventure, but he never recovered from the effects of this -rough usage.[113-2] - - [Footnote 113-2: Nos. 212, 213, 227, 228, 241.] - -Outrages like these, it must be remembered, were not the work of lawless -brigands and recognised enemies of the whole community. They were merely -the effect of party spirit. The men who did them were supported by -noblemen and country gentlemen. One, by name Roger Church, probably the -most daring, and at the same time the most subtle, of the gang, had got -himself made bailiff of the hundred of Blofield.[113-3] Charles Nowell -was a friend of Thomas Daniel, who, after being a year and a half out of -favour, had recently recovered his influence in Norfolk through the -medium of the Duke of Somerset.[114-1] By this means he seems again to -have obtained possession of the manor of Bradeston, the right to which -he had disputed in 1450, apparently more by arms than by law, with -Osbert Mountford, marshal of Calais. Charles Nowell was appointed by -Daniel bailiff of the manor, with the slender but not insignificant -salary of twopence a day; and he and his fellows, Roger Church, Robert -Ledeham, John Ratcliff, and Robert Dalling, made it their chief business -to maintain Daniel in possession. - - [Footnote 113-3: Nos. 214, 241.] - - [Footnote 114-1: No. 206.] - -To put an end to such a state of matters as this, the Duke of Norfolk's -coming must have been truly welcome. But if any man expected that the -power of duke or king could suddenly terminate the reign of anarchy, and -initiate an era of plain impartial justice, he must have been a sanguine -mortal. As one of the first effects of the duke's coming, some of the -leading oppressors of the country were driven to a course of chicanery -instead of violence. [Sidenote: Roger Church.] Roger Church got himself -arrested by some of his own company, and was brought before the duke as -a promoter of sedition. He was accused of having taken part in an -unlawful assembly at Postwick, with the view of stirring up an -insurrection. He confessed the fact, and offered to turn king's evidence -on his accomplices. He then named a number of thrifty husbandmen, -farmers, and gentlemen of the neighbourhood, alleging that about three -hundred persons were implicated in the intended rising. The truth, as it -presently turned out, and as Church himself afterwards confessed, was, -that the movement had been got up by himself, at the instigation of -Robert Ledeham, who promised to procure his pardon through the influence -of Daniel. By solicitations addressed to various unsteady characters he -had induced some to believe that an insurrection would be well -supported. A little company of fifteen men accordingly met him under a -wood at Postwick, and he told them he had discovered an excellent name -for their captain, who should be called John Amend-All. But beyond this -meeting and naming of the captain nothing seems ever to have come of the -project.[114-2] - - [Footnote 114-2: Nos. 214, 217, 218, 219, 241.] - -John Paston was certainly one of those mentioned by Church. The chief -persons accused were the friends of Osbert Mountford, and Paston was one -of them. But John Falgate, one of the deluded victims who had been -present at the meeting at Postwick, being subjected to examination -before the sheriff, exonerated Paston, and, while acknowledging his own -share in the conspiracy, pronounced the tale told by Roger Church in his -confession to be altogether an invention. We need not be surprised to -hear that after this a petition from the county of Norfolk was sent up -to the Lord Chancellor, praying that Church should not be allowed the -benefit of the general pardon, offered upon Good Friday.[115-1] But -Church persevered in his policy. He appears to have been a reckless kind -of adventurer. He probably claimed the benefit of clergy, for we find -him three months after his arrest in the hands of officers of the Bishop -of Norwich. His goods also were seized for a debt that he owed the -bishop. But in spite of the contradictions given by other witnesses, in -July he adhered to what he had said in April, and instead of retracting -his former accusations, said he meant to impeach some one else whom he -could not at that time name,--a man who, he said, had more money in his -purse than all of those whom he had accused before. The coolness with -which he persisted in these statements gave an impression that he was -even yet relying upon powerful friends to support him.[115-2] - - [Footnote 115-1: The petition, I think, must have been effectual, - for I did not find Church's name on the _Pardon Roll_, 30 and 31 - Henry VI.] - - [Footnote 115-2: Nos. 214, 216, 218.] - -The conclusion of the affair must be a matter of speculation, for we -hear nothing more of it. The political history of England, too, is, at -this point, almost a blank. We know from the Privy Council Proceedings -that there was some difficulty in the spring of 1452 in preserving -friendly relations with Scotland in consequence of some Border outrages -perpetrated by the Earl of Douglas. And this is absolutely all the light -we have on the domestic affairs of England for about a twelvemonth after -the Duke of York's oath of allegiance at St. Paul's. I have found, -however, by an examination of the dates of privy seals, [Sidenote: A -royal progress.] that in July the king began a progress into the west of -England, which is not altogether without significance. He reached Exeter -on the 18th, and from thence proceeded by Wells, Gloucester, Monmouth, -and Hereford to Ludlow, where he arrived on the 12th of August, and from -which he returned homewards by Kenilworth and Woodstock, arriving at -Eltham in the beginning of September. In October he made another circuit -northwards by St. Albans to Stamford, Peterborough, and Cambridge. There -can hardly be a doubt the object of these journeys was mainly to -conciliate those who had declared their opposition to the Duke of -Somerset, especially when we consider that the visit to Ludlow must have -been nothing less than a visit to the Duke of York. York was now more -than pardoned. He was honoured by his sovereign. - -Financially, however, we may well suppose that the duke was not the -better of the royal visit. Perhaps also the state of the country did not -conduce to the prosperity of great landowners. At all events we find -that at the end of the year York was glad to pledge some pieces of -jewellery to Sir John Fastolf for a loan of £437, to be repaid next -Midsummer.[116-1] The transaction is in every way curious, as -illustrating the sort of dealings in money matters which were at that -time by no means uncommon among knights and noblemen. It is certainly -highly characteristic of such a knight as Sir John Fastolf, who, quite -unlike the Falstaff of the dramatist, instead of being always needy, was -always seeking to increase the wealth that he had amassed by long years -of thrift and frugality. - - [Footnote 116-1: No. 223.] - -[Sidenote: Sir John Fastolf.] We have had occasion to mention the -historic Fastolf before; and it is time that we should now direct -attention to the circumstances of his private life and his connection -with the Paston family. John Paston, as the reader has already been -informed, was ultimately his executor, and to this circumstance may -safely be attributed the preservation of so many of his letters, most of -which have certainly been handed down with the papers of the Paston -family. Nevertheless, up to the time at which we have now arrived we do -not find that he directly corresponded with any of them. We can see, -however, that he had a high regard for John Paston's advice in business, -and sometimes sent letters and documents of importance by him to his -agent in Norfolk, Sir Thomas Howes.[117-1] He seems to have been related -in blood to John Paston's wife,[117-2] and he acknowledges Paston -himself as his cousin in his will. From the general tenor of most of his -letters we should certainly no more suspect him of being the old soldier -that he actually was than of being Shakespeare's fat, disorderly knight. -Every sentence in them refers to lawsuits and title-deeds, extortions -and injuries received from others, forged processes affecting property, -writs of one kind or another to be issued against his adversaries, -libels uttered against himself, and matters of the like description. -Altogether the perusal is apt to give us an impression that Sir John -would have made an acute and able, though perhaps not very highminded, -solicitor. If ever his agent, Sir Thomas Howes, was, or seemed to be, -a little remiss in regard to some particular interest, he was sure to -hear of it, and yet woe to him if he did things on his own responsibility -which turned out afterwards to be a failure.[117-3] Sir John was not the -man to pass over lightly injuries done by inadvertence. - - [Footnote 117-1: Nos. 153, 159, 162, 186, 188, 203.] - - [Footnote 117-2: Note the passages in Margaret Paston's letter - (No. 222):--'Yet I suppose Sir John, if he were spoken to, would - be gladder to let his kinsmen have part than strangers.' And - again:--'Assay him in my name of such places as ye suppose is most - clear.'] - - [Footnote 117-3: No. 202.] - -The familiarity shown by Fastolf with all the forms and processes of the -law is probably due not so much to the peculiarity of his personal -character as to the fact that a knowledge of legal technicalities was -much more widely diffused in that day than it is in ours. Even in the -days when Master Shallow first made himself ridiculous to a London -audience by claiming to be justice of the peace and _coram_, -_custalorum_, and _ratolorum_, there can hardly be a doubt that the -knowledge of legal terms and processes was not a thing so entirely -professional as it is now. But if we go back to an earlier time, the -Paston letters afford ample evidence that every man who had property to -protect, if not every well-educated woman also, was perfectly well -versed in the ordinary forms of legal processes. Sir John Fastolf had a -great deal of property to take care of, and consequently had much more -occasion to make use of legal phraseology than other people. Had it been -otherwise we should hardly have had any letters of his at all; for the -only use of writing to him, and probably to most other people in those -days, was to communicate on matters of business. - -There are also parts of his correspondence from which we might almost -infer that Sir John was a merchant as well as a lawyer. His ships were -continually passing between London and Yarmouth, carrying on the outward -voyage building materials for his works at Caister, and bringing home -malt or other produce from the county of Norfolk. In two of his letters -we have references to his little ship _The Blythe_,[118-1] which, -however, was only one of several; for, in the year 1443, he obtained a -licence from the Crown to keep no less than six vessels in his service. -These are described as of four different kinds: two being what were -called 'playtes,' a third a 'cog-ship,' a fourth a 'farecoft,' and the -two others 'balingers,' for the carriage of goods and building materials -for the use of his household. These vessels were to be free from all -liability to arrest for the service of the king.[118-2] - - [Footnote 118-1: Nos. 171, 173.] - - [Footnote 118-2: Rymer, xi. 44.] - -[Sidenote: Building of Caister Castle.] The object of these building -operations was the erection of a stately castle at Caister, not far from -Yarmouth, the place of the old warrior's birth. As early as the reign of -Henry V., it seems, he had obtained licence to fortify a dwelling there, -'so strong as himself could devise';[118-3] but his occupation in the -French wars had suspended a design which must have been a special object -with him all through life. The manor of Caister had come to him by -natural descent from his paternal ancestry; but even during his mother's -widowhood, when Sir John was a young man of about six-and-twenty, we -find that she gave up her life tenure of it to vest it entirely in her -son.[119-1] Since that day he had been abroad with Henry V. at Agincourt -and at the siege of Rouen. He had afterwards served in France under the -Regent Bedford,--had taken several strong castles and one illustrious -prisoner,[119-2]--had held the government of conquered districts, and -had fought, generally with success and glory, in almost every great -battle of the period. Nor had he been free, even on his return to -England, to go at once and spend the rest of his days on his paternal -domains in Norfolk. His counsels were needed by his sovereign. His -experience abroad must have qualified him to give important advice on -many subjects of vital interest touching both France and England, and we -have evidence that he was, at least occasionally, summoned to take part -in the proceedings of the Privy Council. But now, when he was upwards of -seventy years of age, the dream of his youth was going to be realised. -Masons and bricklayers were busy at Caister,[119-3] building up for him -a magnificent edifice, of which the ruins are at this day the most -interesting feature in the neighbourhood. Sadly imperfect ruins indeed -they are,--in some places even the foundations would seem to have -disappeared, or else the plan of the building is not very intelligible; -but a noble tower still rises to a height of ninety feet,--its top -possessed by jackdaws,--and a large extent of mouldered walls, pierced -with loopholes and surmounted by remains of battlements, enable the -imagination to realise what Caister Castle must have been when it was -finished over four hundred years ago. A detached fragment of these -ruins, too, goes by the name of the Bargehouse; and there, beneath a -low-browed arch still visible, tradition reports that Sir John Fastolf's -barge or barges would issue out on their voyages or enter on their -return home. - - [Footnote 118-3: Dawson Turner's _Historical Sketch of Caister - Castle_, p. 31. He does not state his authority.] - - [Footnote 119-1: _See_ 'Early Documents' in vol. ii. p. 4.] - - [Footnote 119-2: The Duke of Alençon.] - - [Footnote 119-3: Nos. 224, 225.] - -According to Dawson Turner, the foundations of Caister Castle must have -enclosed a space of more than six acres of ground.[119-4] The inventory -of the furniture contained in it at Fastolf's death[119-5] enumerates no -less than six-and-twenty chambers, besides the public rooms, chapel, and -offices. An edifice on such a scale must have been some time in -building:--many years, we should suppose, passed away before it was -completed. And we are not without evidence that such was actually the -case; for a chamber was set apart for the Lady Milicent, Fastolf's wife, -who is believed to have died in 1446, and yet the works were still going -on in 1453. In this latter year we find that John Paston was allowed to -have some control of the building operations, and that chambers were to -be built for him and his wife. Meanwhile it appears he had chosen an -apartment in which to set up his coffers and his counting-board for the -time. Possibly when he was able to visit Caister he may have acted as -paymaster of the works.[120-1] - - [Footnote 119-4: _Historical Sketch_, p. 4.] - - [Footnote 119-5: No. 389.] - - [Footnote 120-1: Nos. 224, 225.] - -The great castle, however, was now not far from completion; and before -the end of the following year Sir John Fastolf had removed from London -and taken up his residence at Caister, where, with the exception of one -single visit to the capital, he seems to have spent all the remainder of -his days. - -We have said that very few notices are to be found of the internal -affairs of England in the year 1452, subsequent to the Duke of York -swearing allegiance at St. Paul's. But just about that time, or not very -long after, the affairs of Guienne came once more to demand the serious -consideration of the Council. It is true that Guienne and Gascony were -now no longer English possessions. [Sidenote: Attempt to recover -Guienne.] Bayonne, the last stronghold, had been given up in the -preceding August, and, the English forces being now expelled, all hope -of recovering the lost provinces might well have been abandoned, but -that the inhabitants were desirous to put themselves once more under the -protection of the King of England. The fact is that the Gascons, who had -been three centuries under English rule, did not at all relish the -change of masters. Under the crown of England they had enjoyed a liberty -and freedom from taxation which were unknown in the dominions of Charles -VII.; and on the surrender of Bordeaux and Bayonne, the French king had -expressly promised to exempt them from a number of impositions levied -elsewhere. But for this promise, indeed, those cities would not so -readily have come to terms.[121-1] Unfortunately, it was not very long -before the ministers of Charles sought to evade its fulfilment. They -represented to the people that for their own protection, and not for the -benefit of the royal treasury, the imposition of a _taille_ would enable -the king to set a sufficient guard upon the country, and that the money -would not in reality be taken from them, as it would all be spent within -the province. The English, it was to be feared, would not remain patient -under the loss, not only of the provinces themselves, but also of a very -valuable commerce that they had hitherto maintained with the south of -France; for Gascony supplied England with wine, and was a large consumer -of English wool. Hence there was every reason to fear that some attempt -would be made by the enemy to recover the lands from which he had been -expelled, and it was the interest of the inhabitants themselves to -provide an adequate force to ward off invasion.[121-2] - - [Footnote 121-1: Basin, i. 251.] - - [Footnote 121-2: _Ibid._ 257.] - -With arguments like these the French king's officers went about among -the people endeavouring to compel them to forego a liberty which had -been secured to them under the Great Seal of France. In vain were -deputations sent from Bordeaux and Gascony beseeching the king to be -faithful to his promise. The petitioners were sent back with an answer -urging the people to submit to exactions which were required for the -defence of the country. The citizens of Bordeaux were greatly -discontented, and an embassy, headed by the Sieur de l'Esparre, was sent -over to the King of England to offer him the allegiance of the lost -provinces once more, on his sending a sufficient fleet and army to their -rescue. The proposal being laid before a meeting of the English Council, -was of course most readily agreed to; and it was arranged that a fleet, -under the command of the Earl of Shrewsbury, should sail for the Garonne -in October. On the 18th of that month the earl accordingly embarked with -a body of 4000 or 5000 soldiers. The French army having withdrawn, he -easily obtained possession of Bordeaux, and sent its captain, Oliver de -Coëtivy, a prisoner into England. Other towns then readily opened their -gates to the invaders, of which one of the principal was Castillon in -Perigord; and very soon, in spite of the opposition of their French -governors, the greater part of the lost provinces had put themselves -again under the protection of the English.[122-1] - - [Footnote 122-1: Basin, i. 258-261. Leclerq (in Petitot's - Collection), 37-38.] - - [[sent its captain, Oliver de Coëtivy - _spelling unchanged: expected form "Olivier"_]] - -The suddenness with which these things were done seems for a time to -have disconcerted the French king. Winter was now coming on, and -probably nothing effective could be done for some time, so Charles lay -maturing his plans in silence. As he surveyed the position at leisure, -he probably found that any further efforts of the invaders could be -checked with tolerable facility. France still retained possession of the -two little towns of Bourges and Blaye, which we have already mentioned -as being the keys of Bordeaux, and also of various other strong places -in which he had been careful to leave considerable garrisons. [Sidenote: -A.D. 1453.] It was therefore the beginning of June in the following year -before he took any active steps to expel the enemy from their conquests. -He then marched southwards from Lusignan, near Poitiers, and laid siege -to Chalais in Perigord, on the borders of Saintonge. In the space of -five days it was taken by assault. Out of a garrison of 160 men no less -than half were cut to pieces. The other half took refuge in a tower -where they still held out for a time in the vain hope of succours, till -at last they were compelled to surrender unconditionally. Of the -prisoners taken, such as were of English birth were ransomed; but as for -those who were Gascons, as they had sworn fealty to Charles and departed -from their allegiance, they were all beheaded. After this, one or two -other ill-defended places fell into the hands of the French. On the 14th -July siege was laid to Castillon on the Dordogne, a position which when -won gave the French free navigation into the Gironde. The besieging army -was furnished with the most perfect mechanism of war that the skill or -science of that age could supply. It had a train of artillery, with no -less than 700 gunners, under the conduct of two able engineers of Paris, -the brothers Bureau. The place was thoroughly closed in, when -Shrewsbury, hearing of the danger in which it stood, came with haste out -of Bordeaux with a body of 800 or 1000 horse, followed shortly after by -4000 or 5000 foot.[123-1] - - [Footnote 123-1: Basin, i. 261-4. Leclerq, 39-41. Matt. de Coussy, - 121.] - -At daybreak on the 17th, the earl came suddenly upon the besiegers, and -succeeded without difficulty in thoroughly defeating a body of archers, -who had been posted at an abbey outside the town. This detachment being -completely taken by surprise, was obliged to save itself by flight, and -after a little skirmishing, in which some 80 or 100 men were slain on -both sides, the greater number of the Frenchmen succeeded in gaining a -park in which the main body of the besiegers had entrenched themselves. -Further pursuit being now unnecessary, the English returned to the -abbey, where they were able to refresh themselves with a quantity of -victuals which the French had left behind them. 'And because the said -skirmish,' writes the French chronicler De Coussy, 'had been begun and -was done so early that as yet Talbot had not heard mass, his chaplain -prepared himself to sing it there; and for this purpose the altar and -ornaments were got ready.' But this devout intention the earl presently -abandoned; for a cloud of dust was seen in the distance, and it was -reported to him that even the main body of the French were rapidly -retreating. Immediately the earl was again on horseback, and as he left -the abbey he was heard to say, 'I will hear no mass to-day till I have -overthrown the company of Frenchmen in the park before me.'[123-2] - - [Footnote 123-2: Basin, i. 264-5. De Coussy, 122.] - -Unfortunately, it turned out that the report of the retreat of the -French was utterly unfounded. The cloud of dust had been raised by a -body of horses which they had sent out of the camp to graze. The French -army remained in its position, with artillery drawn up, ready to meet -the earl on his advance. The English, nevertheless, came on with their -usual shout, 'A Talbot! A Talbot! St. George!' and while their foremost -men just succeeded for an instant in planting their standard on the -barrier of the French lines, they were mowed down behind by the -formidable fire of the French artillery. Against this all valour was -fruitless; about 500 or 600 English lay dead in front; and the French, -opening the barrier of their park, rushed out and fought with their -opponents hand to hand. For a while the conflict was still maintained, -with great valour on both sides; but the superior numbers of the French, -and the advantage they had already gained by their artillery, left very -little doubt about the issue. After about 4000 Englishmen had been slain -in the hand-to-hand encounter, the remainder fled or were made -prisoners. Some were able to withdraw into the town and join themselves -to the besieged garrison; others fled through the woods and across the -river, in which a number of the fugitives were drowned. [Sidenote: -Defeat and death of Talbot.] In the end the body of the veteran Talbot -was found dead upon the field, covered with wounds upon the limbs, and a -great gash across the face.[124-1] - - [Footnote 124-1: De Coussy, 124.] - -So fell the aged warrior, whose mere name had long been a terror to -England's enemies. By the confession of a French historian, who hardly -seems to feel it a disgrace to his countrymen, the archers, when they -closed around him, distinctly refused to spare his life, so vindictively -eager were they to despatch him with a multitude of wounds.[124-2] Yet -it must be owned that in this action he courted his own death, and -risked the destruction of a gallant army. For though he was led to the -combat by a false report, he was certainly under no necessity of -engaging the enemy when he had discovered his mistake, and he was -strongly dissuaded from doing so by Thomas Everingham.[124-3] But his -own natural impetuosity, inflamed probably still more by the -unreasonable taunts of the men of Bordeaux, who, it seems, were -dissatisfied that no earlier attempt had been made to resist the advance -of the French king into Guienne,[124-4] induced him to stake everything -on the issue of a most desperate and unequal conflict. - - [Footnote 124-2: Basin, i. 267-8.] - - [Footnote 124-3: _Ibid._ 265.] - - [Footnote 124-4: De Coussy, 122.] - -With him there also died upon the field his eldest son, Lord Lisle, his -illegitimate son, Henry Talbot, Sir Edward Hull, and thirty other -knights of England. About double that number were taken prisoners, the -most notable of whom was John Paston's old persecutor, the Lord -Moleyns.[125-1] Never had the English arms experienced such a disastrous -overthrow. - - [Footnote 125-1: J. Chartier, 265; Berry, 469.] - -The Gascons now gave up their cause as altogether hopeless. A fresh army -had lately marched into their country, and was laying siege to several -places at once towards the east of Bordeaux, so that it was manifest -that city would soon be shut in by the royal forces. Castillon was no -longer able to hold out. It surrendered on the second day after Talbot's -death. About the same time Charles in person laid siege to Cadillac, one -of the most important places in the neighbourhood, protected by a strong -castle. The town was speedily carried by assault, and a few weeks later -the castle was also taken. Other places in like manner came once more -into the power of the French king. At Fronsac an English garrison -capitulated and was allowed to leave the country, each soldier bearing -in his hand a baton till he reached the seaside. Very soon Bordeaux was -the only place that held out; nor was the defence even of this last -stronghold very long protracted. Its surrender was delayed for a time -only in consequence of the severity of the conditions on which Charles -at first insisted; but a sickness which began to ravage his camp at -length inclined him to clemency. On the 17th of October the city -submitted to Charles, the inhabitants engaging to renew their oaths of -allegiance, and the English having leave to return in their own ships to -England. To secure himself against their future return, or any fresh -rebellion of the citizens, Charles caused to be built and garrisoned, at -the expense of the latter, two strong towers, which were still standing -at the beginning of the last century. Thus was Gascony finally lost to -the Crown of England. - -We must now return to the domestic affairs of the kingdom. Matters had -been hung up, as it were, in a state of unstable equilibrium ever since -Good Friday 1452. The political amnesty, proceeding, as it did, from the -king's own heart, and removing every stain of disloyalty from those who -had laboured most to change his policy, helped, in all probability, to -keep up a precarious state of tranquillity much longer than it could -otherwise have been preserved. The danger of Calais, too, had passed -away for the time, although it was always recurring at intervals so long -as Henry VI. was king. So that, perhaps, during the latter part of the -year 1452, the country was in as quiet a state as could reasonably have -been expected. At least, the absence of information to the contrary may -be our warrant for so believing. [Sidenote: A.D. 1453.] But the new year -had no sooner opened than evidences of disaffection began to be -perceived. [Sidenote: Robert Poynings.] On the 2nd of January Robert -Poynings--the same who had taken a leading part in Cade's rebellion, and -had, it will be remembered, saved the life of one of Sir John Fastolf's -servants from the violence of the insurgents--called together an -assembly of people at Southwark, many of whom were outlaws. What his -object was we have no distinct evidence to show. He had received the -king's general pardon for the part he took in the movement under Cade; -but he had been obliged to enter into a recognisance of £2000, and -find six sureties of £200 each, for his good behaviour; so that he, of -all men, had best cause to beware of laying himself open to any new -suspicion of disloyalty. Yet it appears he not only did so by this -meeting at Southwark, but that immediately afterwards he confederated -with one Thomas Bigg of Lambeth, who had been one of Cade's petty -captains, and having met with him and about thirty others at Westerham -in Kent, tried to stir up a new rising in the former seat of rebellion. -From Kent he further proceeded into Sussex, and sent letters to two -persons who had been indicted of treason, urging them to come and meet -him at Southwark on the last day of February; 'at which time and place,' -says the Parliament Roll, 'the same Robert Poynings gave them money, -thanking them heartily of their good will and disposition that they were -of unto him in time past, praying them to continue their good will, and -to be ready and come to him at such time as he should give them -warning.'[126-1] Altogether it would appear from the record of the -charge itself that nothing very serious came of this display of -disaffection on the part of Poynings; but it must at least be noted as a -symptom of the times. - - [Footnote 126-1: _Rolls of Parl._ v. 396. _See_ also the pardon - granted to him five years later. _Patent Roll_, 36 Hen. VI. m. - 12.] - -[Sidenote: Parliament.] Soon after this a Parliament was called. The -Crown was in need of money; but Somerset did not dare to convoke the -legislature at Westminster. It met in the refectory of the abbey of -Reading on the 6th of March. In the absence of the Archbishop of -Canterbury, Cardinal Kemp, who was Chancellor, the Bishop of -Lincoln[127-1] opened the proceedings by a speech on behalf of the king, -declaring the causes of their being summoned; which were merely stated -to be, in general terms, for the good government of the kingdom and for -its outward defence. The necessity of sending reinforcements into -Gascony was not mentioned, and apparently was not thought of; for up to -this time the success of Shrewsbury had been uninterrupted, and the -French king had not yet begun his southward march. The Commons elected -one Thomas Thorpe as their Speaker, and presented him to the king on the -8th. Within three weeks they voted a tenth and fifteenth, a subsidy of -tonnage and poundage, a subsidy on wools, hides, and woolfells, and a -capitation tax on aliens,--all these, except the tenth and fifteenth, to -be levied for the term of the king's natural life. They also ordained -that every county, city, and town should be charged to raise its quota -towards the levying of a body of 20,000 archers within four months. For -these important services they received the thanks of the king, -communicated to them by the Chancellor, and were immediately prorogued -over Easter, to sit at Westminster on the 25th of April.[127-2] - - [Footnote 127-1: Called William, Bishop of Lincoln, on the _Rolls - of Parliament_, but his name was John Chedworth.] - - [Footnote 127-2: _Rolls of Parl._ v. 227-31.] - -On their reassembling there, they proceeded to arrange the proportion of -the number of archers which should be raised in each county, and the -means by which they were to be levied. The Commons, however, were -relieved of the charge of providing 7000 men of the number formerly -agreed to, as 3000 were to be charged upon the Lords and 3000 more on -Wales and the county palatine of Cheshire, while an additional thousand -was remitted by the king, probably as the just proportion to be levied -out of his own household. For the remaining 13,000, the quota of each -county was then determined. But soon afterwards it was found that the -need of such a levy was not so urgent as had at first been supposed, and -the actual raising of the men was respited for two years, provided that -no emergency arose requiring earlier need of their services.[128-1] - - [Footnote 128-1: _Rolls of Parl._ v. 231-3.] - -The possibility of their being required in Gascony after the success of -the Earl of Shrewsbury in the preceding year, seems no more to have -occurred to the Government, than the thought of sending them to -Constantinople, where possibly, had the fact been known, they might at -this very time have done something to prevent that ancient city from -falling into the hands of the Turks. For it was in this very year, and -while these things occupied the attention of the English Parliament, -that the long decaying Eastern Empire was finally extinguished by the -fall of its metropolis. - -After this, some new Acts were passed touching the pay of the garrison -at Calais, and for the making of jetties and other much-needed repairs -there. For these purposes large sums of money were required, and the -mode in which they were to be provided gives us a remarkable insight -into the state of the exchequer. To the Duke of Somerset, as Captain of -Calais, there was owing a sum of £21,648, 10s., for the wages of himself -and his suite since the date of his appointment; and on the duke's own -petition, an Act was passed enabling him to be paid, not immediately, -but after his predecessor, Humphrey, Duke of Buckingham, should have -received all that was due to him in a like capacity.[128-2] The pay of -the officers of Calais, it would thus appear, but that it seems to have -been discharged by the Captain for the time being out of his own -resources, must at this time have been more than two years in arrear. If -such was the state of matters, we gain some light on the causes which -induced Somerset, after his loss of Normandy, to add to his unpopularity -by accepting a post of so much responsibility as the Captainship of -Calais. He was one of the few men in England whose wealth was such that -he could afford to wait for his money; and he was too responsible for -the rotten government which had led to such financial results to give -any other man a post in which he would certainly have found cause of -dissatisfaction. - - [Footnote 128-2: _Ibid._ v. 233.] - -It was necessary, however, to provide ready money for the repairs and -the wages of the garrison from this time, and it was accordingly enacted -that a half of the fifteenth and tenth already voted should be -immediately applied to the one object, and a certain proportion of the -subsidy on wools to the other. At the same time a new vote of half a -fifteenth and tenth additional was found necessary to meet the -extraordinary expenditure, and was granted on the 2nd of July.[129-1] - - [Footnote 129-1: _Rolls of Parl._ v. 234-6.] - -This grant being announced by the Speaker to the king, who was then -sitting in Parliament, Henry thanked the Commons with his own mouth, and -then commissioned the chancellor, Cardinal Kemp, to prorogue the -assembly; alleging as his reasons the consideration due to the zeal and -attendance of the Commons, and the king's own intention of visiting -different parts of his kingdom for the suppression of various -malpractices. 'The king, also,' he added, 'understood that there were -divers petitions exhibited in the present Parliament to which no answer -had yet been returned, and which would require greater deliberation and -leisure than could now conveniently be afforded, seeing that the autumn -season was at hand, in which the Lords were at liberty to devote -themselves to hunting and sport, and the Commons to the gathering in of -their harvests.' As these weighty matters, whatever they were, required -too much consideration to be disposed of before harvest-time, we might -perhaps have expected an earlier day to be fixed for the reassembling of -the legislature than that which was actually then announced. Perhaps, -also, we might have expected that as the Parliament had returned to -Westminster, it would have been ordered to meet there again when it -renewed its sittings. But the king, or his counsellors, were of a -different opinion; and the Parliament was ordered to meet again on the -12th of November at Reading. - -Long before that day came, calamities of no ordinary kind had overtaken -both king and nation. About the beginning of August,[130-1] news must -have come to England of the defeat and death of the Earl of Shrewsbury; -and Somerset at last was quickened into action when it was too late. -Great preparations were made for sending an army into Guienne, when -Guienne was already all but entirely lost. It is true the Government -were aware of the danger in which Talbot stood for want of succours, at -least as early as the 14th of July; even then they were endeavouring to -raise money by way of loan, and to arrest ships and sailors. But it is -evident that they had slept too long in false security, and when they -were for the first time thoroughly awake to the danger, the disaster was -so near at hand that it could not possibly have been averted.[130-2] - - [Footnote 130-1: It appears not to have been known on the 4th of - August. Stevenson's _Wars_, ii. 487-8.] - - [Footnote 130-2: Nicolas's _Privy Council Proceedings_, vi. 151-4, - 155-7. Stevenson's _Wars_, ii. 481-92.] - - -_The King's Prostration_ - -Whether it was in any degree owing to this national calamity,--in which -case, the impression made by the event may well have been deepened by -the knowledge that it was attributed to the remissness of Somerset,--or -whether it was due entirely to physical or other causes quite -unconnected with public affairs, [Sidenote: The king falls ill.] in -August the king fell ill at Clarendon, and began to exhibit symptoms of -mental derangement.[130-3] Two months later an event occurred in which, -under other circumstances, he could not but have felt a lively interest. -After eight years of married life, the queen for the first time bore him -a child. It was a son and received the name of Edward; but for a long -time afterwards the father knew nothing of the event. So entirely were -his mental faculties in abeyance, that it was found impossible to -communicate to him the news. The affairs of his kingdom and those of his -family were for the time equally beyond his comprehension. - - [Footnote 130-3: W. Worc. In an almanac of that time I find the - following note, which dates the beginning of the king's illness on - the 10th of August:--'In nocte S. Laurentii Rex infirmatur et - continuavit usque ad Circumcisionem Anni 1455, in p. . . .' (?) (a - word unintelligible at the end). MS. Reg. 13, C. 1.] - - [[began to exhibit symptoms of mental derangement - _text reads "symptons"_]] - -The failure of royalty to perform any of its functions, however weakly -they might have been performed before, was a crisis that had not -occurred till now. A heavier responsibility lay with Somerset and the -Council, who could not expect that acts done by their own authority -would meet with the same respect and recognition as those for which they -had been able to plead the direct sanction of their sovereign. And now -they had to deal with a factious world, in which feuds between powerful -families had already begun to kindle a dangerous conflagration. In the -month of August, probably of the year before this, Lord Thomas Nevill, -a son of the Earl of Salisbury, married a niece of Lord Cromwell at -Tattersall in Lincolnshire. After the wedding the earl returned into -Yorkshire, when, having reached the neighbourhood of York, some -disturbance arose between his retainers and those of Lord Egremont, son -of the Earl of Northumberland.[131-1] As to the cause of the dispute we -are left entirely ignorant; but it grew into a serious quarrel between -the Nevills and the Percys. The chief maintainers of the feud were, on -the one side, Sir John Nevill, a younger son of the Earl of Salisbury, -and on the other Lord Egremont. Both parties were repeatedly summoned to -lay their grievances before the Council; but the most peremptory letters -and mandates had hitherto been ineffectual. Illegal gatherings of people -on either side continued in spite of every prohibition; and the whole -north of England seems to have been kept in continual disorder.[131-2] - - [Footnote 131-1: W. Worc.] - - [Footnote 131-2: Nicolas's _Privy Council Proceedings_, vi. 140-2, - 147-9, 154-5.] - -The case was not likely to be improved when the source of all legal -authority was paralysed. And yet so bad was the state of matters before, -that the king's illness, instead of being an aggravation of the evil, -positively brought with it some perceptible relief. The Council were no -longer able to avoid calling in the aid of one whose capacity to rule -was as indisputable as his birth and rank. A Great Council was summoned -for the express purpose of promoting 'rest and union betwixt the lords -of this land'; and according to the usage in such cases, every peer of -the realm had notice to attend. Gladly, no doubt, would Somerset have -omitted to send such notice to his rival; and it seems actually to have -been the case that no summons was at first sent to the Duke of York. But -afterwards the error was rectified, and York being duly summoned, came -up to Westminster and took his seat at the Council-table[132-1] on the -21st of November. Before taking part in the proceedings, however, he -addressed himself to the lords then assembled, declaring how he had come -up in obedience to a writ of privy seal, and was ready to offer his best -services to the king; but as a previous order had been issued, by what -authority he could not say, to certain old councillors to forbear from -attending the king's councils in future, he required that any such -prohibition might be removed. This was unanimously agreed to, and the -government of England was at once restored to a free and healthy -condition.[132-2] - - [Footnote 132-1: Nicolas's _Privy Council Proceedings_, vi. - 163-5.] - - [Footnote 132-2: _Patent Roll_, 32 Hen. VI. m. 20. _See_ Appendix - to this Introduction.] - -The Duke of Somerset was not present at this meeting of the Council. He -doubtless saw too clearly the storm gathering against him. To his former -responsibility for the loss of Normandy was now added further -responsibility for the loss of Guienne. The accusations against him were -accordingly renewed; but they were taken up this time, not by York but -by the Duke of Norfolk. [Sidenote: Norfolk accuses Somerset.] A set of -articles of impeachment was drawn up by the latter, to which Somerset -made some reply, and was answered again by Norfolk. The accuser then -pressed the matter further, urging that the loss of Normandy and of -Guienne should be made a subject of criminal inquiry according to the -laws of France; and that other misdemeanours charged upon him should be -investigated according to the modes of procedure in England. Finally, -lest his petition should be refused by the Council, Norfolk desired that -it might be exemplified under the king's Great Seal, protesting that he -felt it necessary, for his own credit, that what he had done in the -matter should be known as widely as possible.[132-3] - - [Footnote 132-3: No. 230.] - -In the end it was determined that the Duke of Somerset should be -arrested and committed to the Tower. This resolution was carried into -effect a little before Christmas, and the different lords retired during -the festive season to their own country quarters. But all who had given -their votes against Somerset knew well that they stood in considerable -danger. The battle that he had lost would have to be fought over again -with the queen, who now put in a claim to be intrusted with the entire -government of the kingdom. Every man of Somerset's party got his -retainers in readiness, and while other lords were out of town, the -harbinger of the Duke of Somerset secured for his company all the -lodgings that were to be got in Thames Street, Mark Lane, St. -Katherine's, and the neighbourhood of the Tower. The Duke of Norfolk was -warned by a faithful servant to beware of parties in ambush on his way -to London. Everything clearly showed that the faction which had been -dispossessed of power had sanguine hopes of reinstating themselves at an -early opportunity.[133-1] - - [Footnote 133-1: No. 235.] - -And this, it is probable, they might have done with the greatest -possible ease, were it not that the king's loss of his faculties was so -complete and absolute that it was impossible, by any means whatever, to -obtain a semblance of acting upon his authority. [Sidenote: A.D. 1454.] -About New Year's Day, when the new-born prince was conveyed to Windsor, -the Duke of Buckingham took the child in his arms and presented him to -the king, beseeching him to give him a father's blessing. Henry returned -no answer. [Sidenote: The king and his child.] The duke remained some -time with the child in the king's presence, but could not extract from -him the slightest sign of intelligence. The queen then came in, and -taking the infant in her arms, presented him to his father, with the -same request that the duke had made before her. But all their efforts -were in vain; the king continued dumb, and showed not the slightest -perception of what they were doing, except that for one moment only he -looked upon the babe, and then cast down his eyes again.[133-2] - - [Footnote 133-2: _Ibid._] - -There were no hopes, therefore, that the king himself would interfere in -any way to protect his favourites in the Council. [Sidenote: Every man -looks to himself.] Every man felt it necessary to see to his own -security. The Lord Chancellor himself, Cardinal Kemp, 'commanded all his -servants to be ready, with bow and arrows, sword and buckler, crossbows, -and all other habiliments of war, to await upon the safeguard of his -person.' The Duke of Buckingham caused to be made '2000 bends with -knots--to what intent,' said a cautious observer, 'men may construe as -their wits will give them.' Further from the court, of course, the old -disturbances were increased. 'The Duke of Exeter, in his own person, -hath been at Tuxforth beside Doncaster, in the north country, and there -the Lord Egremont met him, and the two be sworn together, and the duke -is come home again.' The Earl of Wiltshire and the Lord Bonvile made -proclamations in Somersetshire, offering sixpence a day to every man -that would serve them; and these two noblemen, along with the Lords -Beaumont, Poynings, Clifford, and Egremont, were preparing to come up to -London each with as strong a body of followers as he could possibly -muster.[134-1] - - [Footnote 134-1: No. 235.] - -The Duke of York and his friends on their side did the same; and it was -high time they should, otherwise the machinations of Somerset would -certainly have been their ruin. The latter had spies in every great -household, who reported to him everything that could be construed to the -disadvantage of his opponents. [Sidenote: The Duke of York and Thorpe.] -Among York's private enemies, moreover, was Thomas Thorpe, Speaker of -the House of Commons, who was also a Baron of the Exchequer. In the -former capacity his functions had been for some time suspended; for -Parliament, which had been prorogued to the 12th November at Reading, -only met on that day to be prorogued again to the 11th February, in -consequence of the mortality which prevailed in the town. Meanwhile, in -Michaelmas term, the Duke of York took an action of trespass against him -in his own Court of Exchequer, and a jury had awarded damages to the -amount of £1000. On this judgment was given that he should be committed -to the Fleet till the damages were paid, and in the Fleet the Speaker -accordingly remained till the next meeting of Parliament.[135-1] In his -confinement he was now busily employed in drawing up a bill of articles -against the Duke of York, which doubtless, with the aid of a little -favour at Court, would have been highly serviceable to the cause of -Somerset.[135-2] - - [Footnote 135-1: _Rolls of Parl._ v. 238-9.] - - [Footnote 135-2: No. 235.] - -The legal proceedings of which Thorpe was a victim appear doubtless to -have been connected with party politics. His son and heir, Roger Thorpe, -at the beginning of the reign of Henry VII. procured an Act of -Parliament in his favour, showing that both he and his father had -suffered injustice in the cause of the House of Lancaster, and that the -Duke of York's action of trespass against his father was owing to his -having arrested, at the king's command, 'certain harness and other -habiliments of war of the said duke's.'[135-3] No doubt this must have -been the case, but was the king's command constitutional? Or was it, -perhaps, only the command of Somerset given in the king's name? An agent -had no right to obey an unconstitutional order. - - [Footnote 135-3: _Rolls of Parl._ vi. 295.] - -About the 25th of January the Duke of York was expected in London, -accompanied by a select body of men of his household retinue. With him -came his son, the Earl of March, at this time not quite twelve years -old; to whom, nevertheless, a separate household had already been -assigned by his father, and consequently another company marched in the -name of the Earl of March. These, however, were sent forward a little in -advance. Along with the Duke of York there also came up, or was expected -to come, his powerful friend the Earl of Warwick, who, besides the -retinue by which he was attended, was to have a thousand men awaiting -his arrival in London. Even these noblemen and their companies formed a -most powerful confederacy. But there were two other great personages -besides who travelled with them on the same road, whose sympathy and -co-operation with York at this time no reader would have conjectured. -The king's two half-brothers, the Earls of Richmond and Pembroke, were -expected to reach London in the duke's company; and they, too, had -wisely taken with them a good number of followers, for, notwithstanding -their relation to the Crown, it was thought not unlikely that they would -be arrested on their arrival.[136-1] - - [Footnote 136-1: No. 235.] - -In short, the continuance of the king's infirmity had now rendered it -clear to every man that unless the Council were willing to comply with -the Queen's demands, and yield up to her the uncontrolled management of -public affairs, the government of the kingdom must be placed in the -hands of the Duke of York. And yet some little time was necessarily -allowed to pass before any special powers could be intrusted to him. -Parliament was not to sit again till the 11th February, and Reading was -still the place where it was appointed to assemble. The Earl of -Worcester, who filled the office of Lord Treasurer, was commissioned to -go down to Reading, and cause it to adjourn from the 11th to the 14th of -the month, to meet that day at Westminster. Meanwhile a commission was -granted to the Duke of York to act as the king's lieutenant on its -reassembling.[136-2] - - [Footnote 136-2: _Rolls of Parl._ v. 238-9.] - - [[on its reassembling.[136-2] _final . missing_]] - -[Sidenote: Parliament and the Speaker.] On the 14th, accordingly, the -Houses met in the royal palace of Westminster; but the Commons were -without a Speaker, and another of their members, by name Walter Rayle, -was also undergoing imprisonment, from what cause does not appear. The -Commons, therefore, before proceeding to business, demanded of the King -and the Lords Spiritual and Temporal, that their ancient privileges -should be respected, and their Speaker and the other member liberated. -The case was taken into consideration by the Peers on the following day, -when it was explained by the Duke of York's counsel that the Speaker had -a few months before gone to the house of Robert Nevill, Bishop of -Durham, and there taken away certain goods and chattels belonging to the -duke against his will; that for this he had been prosecuted in the Court -of Exchequer, as it was a privilege of that court that its officers in -such cases should not be sued before any other tribunal; that a jury had -found him guilty of trespass, and awarded to the duke damages of £1000 -and £10 costs. Speaker Thorpe had accordingly been committed to the -Fleet for the fine due to the king. The proceedings against him had not -been taken during the sitting of Parliament, and it was urged that if he -should be released by privilege of Parliament a great wrong would be -done to the duke. It was a delicate question of constitutional law, and -the Lords desired to have the opinion of the judges. But the chief -justices, after consultation with their brethren, answered, in the name -of the whole body, that it was beyond their province to determine -matters concerning the privilege of Parliament; 'for this high court of -Parliament,' they said, 'is so high and mighty in his nature that it may -make law, and that that is law it may make no law; and the determination -and knowledge of the privilege belongeth to the Lords of the Parliament, -and not to the Justices.' Nevertheless, as to the accustomed mode of -procedure in the lower courts, the Judges remarked that in ordinary -cases of arrest a prisoner was frequently liberated on a writ of -_supersedeas_ to enable him to attend the Parliament; but no general -writ of _supersedeas_, to surcease all processes, could be allowed; 'for -if there should be, it should seem that this high court of Parliament, -that ministereth all justice and equity, should let the process of the -common law, and so it should put the party complainant without remedy, -for so much as actions at the common law be not determined in this high -court of Parliament.'[137-1] - - [Footnote 137-1: _Rolls of Parl._ v. 239-40.] - -From this carefully considered reply it was clear to the Lords that they -were at least nowise bound to interfere in behalf of the imprisoned -Speaker, unless they considered the liberties of Parliament likely to be -prejudiced by the circumstances of his particular case. It was -accordingly decided that he should remain in prison, and that the -Commons should be directed to choose another Speaker. This they did on -the following day, and presented Sir Thomas Charleton to the Lord -Chancellor as their new representative; who being accepted by that -functionary in the name of the king, both Houses at once proceeded to -business.[137-2] - - [Footnote 137-2: _Ibid._ 240.] - -A month later the Commons came before the Duke of York, as the king's -lieutenant, with two very urgent petitions. [Sidenote: Defence of -Calais.] The first related to the defence of Calais and the safeguard of -the sea. Notwithstanding the very liberal grants which had already been -voted by this Parliament, Calais was still in danger, and the sea was -still very insufficiently protected; insomuch that the Lord Chancellor -had told the House of Commons £40,000 would be required to obviate very -serious perils. The Commons were very naturally alarmed; a modern House -of Commons would have been indignant also. They had in the preceding -year voted no less than £9300 for Calais, partly for repairs and partly -for making jetties, besides all the sums voted for the pay of the -garrison and the tonnage and poundage dues, which ought to have been -applied to general purposes of defence. They therefore humbly petitioned -to be excused from making any further grants; 'for they cannot, may not, -ne dare not make any mo grants, considered the great poverty and penury -that be among the Commons of this land, for whom they be comen at this -time; and that this their excuse might be enacted in this high court of -Parliament.' The money already voted was evidently conceived to be -somewhere, and was considered to be quite sufficient to do the work -required; so the Commons were told in reply by my Lord Chancellor the -Cardinal, 'that they should have good and comfortable answer, without -any great delay or tarrying.'[138-1] - - [Footnote 138-1: _Rolls of Parl._ v. 240.] - -[Sidenote: A council required.] The second petition was that 'a sad and -wise Council' might be established, 'of the right discreet and wise -lords and other of this land, to whom all people might have recourse for -ministering justice, equity, and righteousness; whereof they have no -knowledge as yet.' The Duke of York was only the king's lieutenant in -Parliament. With the assent of the Great Council he could prorogue or -dissolve it and give the royal assent to any of its acts. But the -business of the nation imperatively required that some smaller body of -statesmen should be intrusted with more general powers. Even before the -king's illness the constitution of some such body had been promised to -the Parliament at Reading as a thing contemplated by the king -himself;[138-2] and it was now more necessary than ever. The only -problem was how to confer upon it an authority that could not be -disputed. - - [Footnote 138-2: _Ibid._ 241.] - -But while the Lords are taking this point into consideration, we invite -the reader's attention to a piece of private history. - -[Sidenote: Thomas Denyes.] A few years before the date at which we have -now arrived, one Thomas Denyes, a trusted servant of the Earl of Oxford, -seems to have caused his master some little inconvenience by falling in -love with a lady who resided in the neighbourhood of Norwich. We regret -that we cannot inform the reader who she was. All that we know is that -her Christian name was Agnes, which was at that time popularly corrupted -into Anneys and frequently confounded with Anne, and that she was an -acquaintance of John Paston's. With John Paston, accordingly, the earl -thought it best to communicate, and in doing so earned for himself the -heartfelt gratitude of Denyes by one of those small but truly gracious -acts which reveal to us better than anything else the secret of the -power of the English aristocracy. The lady seems not to have given her -admirer any great encouragement in his suit. She had property of her own -worth 500 marks, and could have had a husband in Norfolk with land of -100 marks value, which was more than Denyes could offer her. But the -Earl of Oxford requested John Paston to intercede with her in behalf of -her wooer, promising her that if the marriage took effect the Earl would -show himself liberal to them both. He further offered, if it would be -any satisfaction to her, to go himself into Norfolk and visit -her.[139-1] - - [Footnote 139-1: Nos. 124, 240.] - -This intercession was effectual, and the lady became the wife of Thomas -Denyes. It was a triumph of love and ambition to a poor dependant on a -great earl. But with increase of wealth, as others have found in all -ages, Denyes experienced an increase of anxieties and of business also. -A suit in Chancery was commenced against him and his wife by a gentleman -of the name of Ingham, who considered himself to have a claim on the -lady's property for a considerable sum of money. Ingham's son Walter was -active in procuring the _subpoena_. But Denyes, strong, as he believed, -in a great lord's favour, conceived a plan by which he might either -interrupt the suit or revenge it on the person of Walter Ingham. On the -11th of January 1454--just about the time the queen and Buckingham were -making those vain attempts to introduce his child to the notice of the -unhappy king--when, consequently, it was still uncertain whether York or -Somerset would have the rule, and when lawless persons all over the -country must have felt that there was more than usual immunity for bad -deeds to be hoped for,--Thomas Denyes wrote a letter in the name of the -Earl of Oxford to Walter Ingham, requiring his presence at the earl's -mansion at Wivenhoe, in Essex, on the 13th. This letter reached Ingham -at Dunston, in Norfolk, and he at once set out in obedience to the -summons. [Sidenote: Walter Ingham waylaid.] But as he was nearing his -destination, on the 12th, he was waylaid by a party in ambush hired by -Denyes, who beat him so severely upon the head, legs, and back that he -was maimed for life, and compelled to go on crutches for the rest of his -days. Ingham complained of the outrage to the Lord Chancellor, Cardinal -Kemp, who sent a sergeant-at-arms to arrest Denyes at Lincoln's Inn; but -he at first refused to obey the arrest. Shortly afterwards, however, he -was committed to the Fleet prison; and Ingham, with the favour of the -cardinal and the Earl of Oxford, who utterly repudiated the act of his -dependant, presented a petition to Parliament that he should not be -admitted to bail or mainprise until he had been tried for the outrage -and all actions between him and Ingham had been fully discussed and -settled.[140-1] - - [Footnote 140-1: Nos. 238, 239.] - -The Earl of Oxford seems to have been thoroughly incensed, and not -without reason, against a servant who had so abused his trust. Cardinal -Kemp, as chancellor, was not less righteously indignant; and a bill was -actually passed through the House of Peers in accordance with the prayer -of Ingham's petition. Yet it is difficult to understand why the -punishment of the wrong committed was not left to the operation of -ordinary criminal law. The case, perhaps, affected too seriously the -honour of a nobleman, and the discretion to be allowed to a retainer. -But whatever may have been the cause, poor Denyes now becomes positively -an object for compassion--all the more so because his chief feeling in -the matter was not a selfish one. [Sidenote: Denyes and his wife in -prison.] Besides imprisoning Denyes himself in the Fleet, the cardinal -and the Earl of Oxford threw his wife into the Counter, and afterwards -sent her to Newgate, where she suffered the discomforts of a gaol apart -from her husband, although she was then with child. 'Which standeth too -nigh mine heart,' is the brief expression in which he conveys his -feelings to John Paston, while apparently he was expecting to hear that -his wife was either dead or prematurely delivered; for the treatment she -had met with brought on the pains of labour long before the right time -had come. Denyes, however, made friends with the warden of the Fleet -prison, who contrived in some manner to make interest for her with her -gaoler, so that afterwards she was rather better treated, and at last -admitted to bail.[141-1] - - [Footnote 141-1: No. 239.] - -Poor Denyes was in dread of still further evils arising out of the case -when he wrote these facts to John Paston. The bill against him had -already passed through the Lords, and he was in fear that it might pass -through the Commons also, which we afterwards learn that it did -not.[141-2] His adversary, moreover, was bent upon revenge; 'for -Ingham,' he said, 'lieth, beside that, to take away my wife's daughter -out of Westminster,[141-3] to make an end of my wife if he can, and also -to arrest my servants, that I dread that she nor I shall have no -creature to attend us ne help us; and such malice have I never heard of -here before. And it is told me that beside that they will despoil, if -any good they can find of mine in Norwich or Norfolk, and imprison my -servants there.' All this he urgently implored Paston to prevent to the -best of his ability. And it must be said that John Paston, although he -considered himself little bound to Denyes, except in so far as he had -promoted his marriage at the Earl of Oxford's solicitation, on this -occasion stood his friend. He wrote a letter to the earl urgently -interceding for the unhappy wife; and though it seems probable the -letter that he first wrote was not actually sent, we may fairly presume -that he either devised a second to the same effect, or used his -influence otherwise to the same end. Certain it is that he made some -effort for which Denyes was beyond measure grateful.[142-1] - - [Footnote 141-2: No. 244.] - - [Footnote 141-3: Apparently Agnes Denyes had taken sanctuary at - Westminster before her imprisonment. The manner in which Denyes - here speaks of her daughter gives us reason to believe that she - was a widow before he married her.] - - [Footnote 142-1: Nos. 240, 245.] - -'The cardinal is dead and the king is relieved.' Such were the last -words of a postscript which Denyes appended to his first melancholy -letter, complaining of his own and his wife's imprisonment. A rumour -apparently had been spread that the king's health was beginning to -improve; for which, as we shall see, there was very little foundation. -[Sidenote: Death of Cardinal Kemp.] But it was perfectly true that -Cardinal Kemp, Archbishop of Canterbury and Chancellor of England, was -dead. Little as we know, beyond a few broad facts of his career, whereby -to judge his real character and aims, it is certain that he was an -accomplished statesman. A follower originally of Cardinal Beaufort,--the -man who of all others could serve two masters, Rome and England, with -the least degree of repugnance, and of whom the best that can be said -is, that he never scrupled to betray the former in what appeared to be -the interest of the latter,--Kemp was, perhaps, as honest a specimen of -the political churchman as an essentially bad system could produce. The -clergy, however, were really needed as statesmen; few laymen had the -ability, learning, or education to enable them to do the essential work -of the nation; and Kemp was one who had gained for himself, by his own -talents, the highest position to which a subject could aspire in -England, not only in the realm but in the Church. - -Thus, at a time when the functions of royalty itself were suspended, the -chancellor, the official keeper of the king's conscience, was suddenly -taken away; and in him England also lost her primate, always one of the -most important members of the Council. The formation of a governing -Council was now more important than ever; but the most pressing -questions of all were the appointment of a new chancellor and of a new -archbishop. Who was to take upon himself to nominate either the one or -the other? The queen's modest claim to be invested with the functions of -her husband had not been listened to by the Lords; but the powers as yet -conferred upon the Duke of York were only to represent the king in -Parliament. - -It was upon the 19th of March that the Commons had pressed their -petition for the establishment of a Council. Cardinal Kemp died on the -22nd. [Sidenote: Deputation of Lords to the king.] On the 23rd the Lords -appointed twelve of their number as a deputation, headed by Waynflete, -Bishop of Winchester, to ride to Windsor and endeavour, if possible, to -lay the state of matters before the king. Their instructions were drawn -up in six articles, but only two were to be communicated to the king if -they found him unable to pay attention to what was said. These two were -a mere assurance of anxiety to hear of his recovery, and that the Lords, -under the presidency of the duke as his lieutenant, were using their -best discretion in the affairs of the nation. If any response were made -to these two articles, the deputation was then to tell him of the death -of Cardinal Kemp, and ask to know his pleasure who should be the new -archbishop and who should be appointed chancellor. They were to say that -for the security of the Great Seals (there were at this time no less -than three Great Seals used in the Chancery)[143-1] the Lords had caused -them to be produced in Parliament, and after being seen by all the Lords -they were enclosed in a coffer sealed by a number of the Peers present, -and then laid up in the Treasury. Finally, they were to ask the king's -mind touching the establishment of a Council, telling him how much it -was desired by the Commons, and suggesting the names of certain Lords -and persons whom it was thought desirable to appoint as Councillors. All -these matters, however, were to be communicated only to the king in the -strictest privacy.[143-2] - - [Footnote 143-1: Nicolas's _Privy Council Proceedings_, vol. vi. - preface, pp. clxxviii.-ix.] - - [Footnote 143-2: _Rolls of Parl._ 240-1.] - -The deputation returned two days after with a report of the total -failure of their mission. They had waited on the king at Windsor just -after he had dined, but could get from him no answer nor sign that he -understood their message. [Sidenote: The king's imbecility.] The Bishop -of Winchester then told the king that the Lords had not dined, and that -after they had they would wait on him again. After dinner accordingly -they were again with him, and tried all they could to elicit an answer; -but the king was speechless. They then proposed that he should go into -another room, and he was led between two men into his bedchamber. A -third and last effort was then made to rouse him by every expedient that -could be imagined; and when all else failed, a question was put to him -which involved no more than a simple yes or no. Was it his Highness's -pleasure that they should wait on him any longer? A long pause was -allowed in the hope that any mere physical difficulty might be overcome. -A faint nod, even a shake of the head, would have been regarded with -some degree of satisfaction. But it was all in vain. 'They could have no -answer, word ne sign; and therefore with sorrowful hearts, came their -way.'[144-1] - - [Footnote 144-1: _Rolls of Parl._ 241.] - -It was now clear that the highest constitutional authority resided for -the time in the Lords Spiritual and Temporal. The reader, imbued with -modern notions of the power and prestige of the House of Commons, may -possibly think that their votes, too, should have been consulted in the -formation of a Government. Such a view, however, would be radically -erroneous. The influence which the House of Commons has in later times -acquired--an influence so great that, at times unhappily, Acts are even -passed by Peers against their own sense of right and justice, in -deference to the will of the Lower Chamber--is a thing not directly -recognised by the constitution, but only due to the control of the -national purse-strings. Strictly speaking, the House of Commons is not a -legislative body at all, but only an engine for voting supplies. The -Peers of the realm, in Parliament or out of Parliament, are, according -to the constitution, the sovereign's privileged advisers. A king may, no -doubt, at any time call to him what other councillors he pleases, and -the prerogative of the Lords may lie dormant for a very long period of -time; but the Peers of the realm have, individually or in a body, -a right to tender their advice upon affairs of state, which belongs to -no other class in the community. - -On the 27th of March, therefore--two days after the report of the -deputation that had seen the king at Windsor--the Lords took the first -step towards the establishment of order and government, by electing -Richard, Duke of York, as Protector and Defender of the realm. -[Sidenote: The Duke of York Protector.] The title of Protector -essentially implied an interim administrator during a period when the -king, by legal or physical incapacity, was unable to exercise his regal -functions in person. A Protector's tenure of power was therefore always -limited by the clause _quamdiu Regi placeret_. It was terminable by the -king himself the moment he found himself able to resume the actual -duties of royalty. Even a protectorship like that of Humphrey, Duke of -Gloucester, instituted in consequence of the king being an infant, was -terminated before the royal child was eight years old by the act of his -coronation. The crowned and anointed infant became a king indeed, and -therefore no longer required the services of a Protector; so from that -day Duke Humphrey had ceased to wield any authority except that of an -ordinary member of the Council. But, indeed, even during his -protectorship, his powers were greatly circumscribed; and it had been -expressly decided by the Council that he was not competent to perform an -act of state without the consent of a majority of the other Lords. -Richard, therefore, knowing that his powers would be limited, was most -anxious that his responsibility should be accurately defined, that no -one might accuse him thereafter of having exceeded the just limits of -his authority. He delivered in a paper containing certain articles, of -which the first was as follows:-- - - 'Howbeit that I am not sufficient of myself, of wisdom, cunning, nor - ability, to take upon me that worthy name of Protector and Defender - of this land, nor the charge thereto appertaining, whereunto it hath - liked you, my Lords, to call, name, and desire me unworthy - thereunto;--under protestation, if I shall apply me to the - performing of your said desire, and at your instance take upon me, - with your supportation, the said name and charge, I desire and pray - you that in this present Parliament and by authority thereof it be - enacted, that of yourself and of your free and mere disposition, ye - desire, name and call me to the said name and charge, and that of - any presumption of myself, I take them not upon me, but only of the - due and humble obeisance that I owe to do unto the king, our most - dread and Sovereign Lord, and to you the Peerage of this land, in - whom by the occasion of the infirmity of our said Sovereign Lord, - resteth the exercise of his authority, whose noble commandments I am - as ready to perform and obey as any his liege man alive; and at such - time as it shall please our blessed Creator to restore his noble - person to healthful disposition, it shall like you so to declare and - notify to his good grace.'[146-1] - - [Footnote 146-1: _Rolls of Parl._ v. 242.] - -In reply to this, it was put on record that it was 'thought by the Lords -that the said Duke desireth that of his great wisdom for his discharge.' -And they, too, for their own justification, resolved that an Act should -be made according to a precedent during the king's minority, setting -forth that they themselves, from the sheer necessity of the case, had -been compelled to take upon themselves the power of nominating a -Protector. So jealous were the Lords of anything like an invasion of the -royal prerogative! - -Further, the duke required that the Lords would aid him cordially in the -execution of his duties and would exactly define such powers and -liberties as they meant him to exercise; that they would arrange what -salary he should receive; and that all the Lords Spiritual and Temporal -belonging to the King's Council would agree to act in the Councils of -the Protector. These matters being at length satisfactorily adjusted, -the duke was formally created Protector by patent on the 3rd of April. -It was, however, at the same time provided by another patent that the -office should devolve on the king's son as soon as he came of -age.[146-2] After this, five Lords were appointed to have the keeping of -the sea against the king's enemies, and in addition to the subsidies -already voted by Parliament for that object, a loan, amounting in all to -£1000, was levied upon the different seaports.[146-3] This was but light -taxation, and was no doubt cheerfully submitted to. The good town of -Bristol, we know, did more than it was asked; for Sturmyn, the Mayor, -fitted out a stately vessel expressly for the war.[146-4] Evidently -there were zeal and patriotism in the country whenever there was a -government that could make good use of them. - - [Footnote 146-2: _Ibid._ 243.] - - [Footnote 146-3: _Rolls of Parl._ 244-5.] - - [Footnote 146-4: No. 249.] - -[Sidenote: Calais again in danger.] And there was real need of that -patriotism; for the French were again threatening Calais. They also made -a descent in great force on the isles of Jersey and Guernsey, but were -defeated by the valour and loyalty of the inhabitants, who killed or -took prisoners no less than five hundred of their assailants.[147-1] A -Council was called to meet at Westminster on the 6th of May, to take -measures for the defence of Calais,[147-2] the result of which and of -further deliberations on the subject was seen in the appointment of the -Duke of York as captain or governor of the town, castle, and marches. -This office was granted to him by patent on the 18th of July,[147-3] but -he only agreed to undertake it, as he had done the Protectorship, -subject to certain express conditions to which he obtained the assent of -the Lords in Parliament. Among these was one stipulation touching his -remuneration, in which he affirms that he had served the king formerly -at his own cost in the important offices he had filled in France and in -Ireland, so that owing to non-payment of his salary, he had been obliged -to sell part of his inheritance and pawn plate and jewels which were -still unredeemed.[147-4] A very different sort of governor this from the -avaricious Somerset! - - [Footnote 147-1: No. 247.] - - [Footnote 147-2: Nicolas's _Privy Council Proceedings_, vi. 174.] - - [Footnote 147-3: Rymer, xi. 351. Carte's _Gascon and French - Rolls_.] - - [Footnote 147-4: _Rolls of Parl._ v. 252.] - -Meanwhile other changes had been made in the administration. On the 2nd -of April--the day before the duke's appointment as Protector--the Great -Seal had been given to Richard Nevill, Earl of Salisbury, as chancellor; -[Sidenote: Disturbances in the North.] and to prevent any renewal of -disturbances in the North by the earl's former opponent Lord Egremont, -his father, the Earl of Northumberland, was summoned before the Council. -But before the day came which was given him to make his appearance, news -arrived that Lord Egremont had already been making large assemblies and -issuing proclamations of rebellion, in concert with the Duke of Exeter. -To restore tranquillity, it was thought proper that the Duke of York -should go down into Yorkshire, where he no sooner made his appearance -than his presence seems to have put an end to all disturbances. The Duke -of Exeter disappeared from the scene and was reported to have gone up -secretly to London; but the adherents of Lord Egremont continued to give -some trouble in Westmoreland. Thither the Duke of York accordingly -received orders from the Council to proceed; but he probably found it -unnecessary, for on the 8th of June it is stated that he intended -remaining about York till after the 20th. Every appearance of -disturbance seems to have been quelled with ease; and a number of the -justices having been sent into Yorkshire for the punishment of past -offences, the Protector was able to return to London in the beginning of -July.[148-1] - - [Footnote 148-1: Nicolas's _Privy Council Proceedings_, vi. 178, - 193-7. Nos. 247, 249.] - -It was at this time that the two eldest sons of the Duke of York, -Edward, Earl of March, and Edmund, Earl of Rutland, who were of the ages -of twelve and eleven respectively, addressed the following interesting -letter to their father:[148-2]-- - - '_To the ryght hiegh and myghty Prince, oure most worschipfull and - gretely redoubted lorde and fader, the Duke of Yorke, Protector and - Defensor of Englonde._ - - 'Ryght hiegh and myghty Prince, oure most worschipfull and gretely - redoubted lorde and Fader, in as lowely wyse as any sonnes con or - may we recomaunde us un to youre good lordeschip. And plaese hit - youre hieghnesse to witte that we have receyved youre worschipful - lettres yesturday by your servaunt William Cleton, beryng date at - Yorke the xxix day of Maij, by the whiche William and by the - relacion of John Milewatier we conceyve your worschipfull and - victorious spede ageinest your enemyse, to ther grete shame, and to - us the most comfortable tydinges that we desired to here. Where of - we thonke Almyghty God of his yeftes, beseching Hym hertely to geve - yowe that grace and cotidian fortune here aftur to knowe your - enemyse and to have the victory of them. And yef hit plaese your - hieghnesse to knowe of oure wilfare, at the makyng of this lettre we - were in good helith of bodis, thonked be God; beseching your good - and graciouse Faderhode of youre daily blessing. And where ye - comaunde us by your said lettres to attende specialy to oure lernyng - in our yong age that schulde cause us to growe to honour and - worschip in our olde age, Please hit youre hieghnesse to witte that - we have attended owre lernyng sith we come heder, and schall here - aftur; by the whiche we trust to God youre graciouse lordeschip and - good Fadurhode schall be plaesid. Also we beseche your good - lordeschip that hit may plaese yowe to sende us Harry Lovedeyne, - grome of your kechyn, whos service is to us ryght agreable; and we - will sende yow John Boyes to wayte on youre good Lordeschip. Ryght - hiegh and myghty Prince, our most worschipfull and gretely redoubted - lorde and Fader, We beseche Almyghty God yeve yowe as good lyfe and - longe as youre owne Princely hert con best desire. Writen at your - Castill of Lodelow the iij day of June.--Youre humble sonnes, - - 'E. MARCHE, - 'E. RUTLOND.' - - [Footnote 148-2: Printed from the original in MS. Cott., Vespasian - F. xiii. fol. 35.] - -Soon after the duke had returned to London his presence was required at -a Great Council summoned for the 18th of July, to consider the -expediency of liberating on bail his great rival and personal enemy, the -Duke of Somerset, who had been now seven months in prison. [Sidenote: -The Duke of Somerset.] On this point York had only one piece of advice -to offer, which was, that as he had been committed to custody upon -suspicion of treason, the opinion of the judges should be taken before -he was released from confinement. That he had remained so long without a -trial was not unnatural, considering the nature of the times. It was a -bold step indeed to try him at all, while there was a chance of the -weak-minded king's recovery; but this step was certainly resolved on. -The 28th of October was the day appointed for his trial; and the Duke of -Norfolk, who, as we have seen, had been the first to move the capital -charge against him, was ordered by that day to be ready to produce his -proofs. Meanwhile the lords concurred that it was clearly inexpedient to -let him go, especially as the number of lords assembled was not so great -as it should have been on the occasion; and the opinion of the Duke of -York was not only agreed to, but at his request was put on -record.[149-1] - - [Footnote 149-1: Nicolas's _Privy Council Proceedings_, vi. 207.] - -Six days later it was agreed at another meeting of the Council that the -Duke of York should return into the North with the Duke of Exeter in his -custody, whom he was to confine in the castle of Pomfret as a state -prisoner.[150-1] - - [Footnote 150-1: Nicolas's _Privy Council Proceedings_, vi. 217, - 218.] - -By these decisive steps the authority of the Duke of York was at length -secured on something like a stable footing. During the remainder of his -protectorate there could no longer be a doubt to whose hands power was -committed; and England, at last, had the blessing of real government, -able and vigorous, but at the same time moderate. The resolutions of the -Council soon became known to the public. 'As for tidings,' wrote William -Paston to his brother in Norfolk, 'my lord of York hath taken my lord of -Exeter into his award. The Duke of Somerset is still in prison, in worse -case than he was.' William Paston wrote in haste, but these were two -matters of public importance to be mentioned before all private affairs -whatever.[150-2] And yet the private affairs of which he wrote in the -same letter will not be without interest to the readers of this -Introduction. [Sidenote: Sir J. Fastolf goes to reside in Norfolk.] -William Paston now reported to his brother that Sir John Fastolf was -about to take his journey into Norfolk within a few days, and proposed -to take up his residence at Caister. His going thither must have been -regarded as an event not only in the neighbourhood of Yarmouth but even -in the city of Norwich. At all events it was highly important to John -Paston, whose advice the old knight valued in many matters. 'He saith,' -wrote William Paston to his brother, 'ye are the heartiest kinsman and -friend that he knoweth. He would have you at Mauteby[150-3] dwelling.' -This must have been written in the latter part of July. Sir John did not -actually go into Norfolk quite so soon as he intended; but he appears to -have been there by the beginning of September.[150-4] - - [Footnote 150-2: No. 254.] - - [Footnote 150-3: The manor of Mauteby, which came to John Paston - by his marriage, was only three miles distant from Caister.] - - [Footnote 150-4: No. 260.] - -There in his completed castle of Caister he had at length taken up his -abode, to spend the evening of his days in the place of his birth, and -on the inheritance of his ancestors. There during the next five years he -spent his time, counting over the items of a number of unsettled claims -he had against the crown,[151-1] and meditating also, it would seem, on -another account he had with Heaven. For the latter the foundation of a -college[151-2] or religious endowment, in which were to be maintained -'seven priests and seven poor folk' at Caister, might possibly liquidate -his debts. But in his transactions with his fellowmen he was certainly -for the most part a creditor, and by no means one of the most generous. -Instances will be found in his letters in abundance showing with what -vehemence (testy old soldier that he was!) he perpetually insisted on -what was due to himself;--how he desired to know the names of those who -would presume to resist his agent, Sir Thomas Howes--how they should be -requited 'by Blackbeard or Whitebeard, that is to say, by God or the -Devil';[151-3]--how he noted that Sir John Buck had fished his stanks -and helped to break his dam;[151-4] how he had been informed that at a -dinner at Norwich certain gentlemen had used scornful language about -him, and desired to know who they were.[151-5] In this perpetual -self-assertion he seems neither to have been over-indulgent towards -adversaries nor even sufficiently considerate of friends and dependants. -'Cruel and vengeable he hath been ever,' says his own servant Henry -Windsor, 'and for the most part without pity and mercy.'[151-6] So also -on the part of his faithful secretary, William Worcester, we find a -complaint of shabby treatment, apparently at this very time when the -household was removed to Caister. To a letter in which John Paston had -addressed him as 'Master Worcester,' the latter replied with a request -that he would 'forget that name of mastership,' for his position was by -no means so greatly improved as to entitle him to such respect. His -salary was not increased by one farthing in certainty--only 'wages of -household in common, _entaunt come nows plaira_'--which apparently -means, assured to him only during his master's pleasure. When he -complained to his master of this, all the satisfaction he obtained was -that Sir John expressed a wish he had been a priest, when he could have -rewarded him with a living.[152-1] - - [Footnote 151-1: Nos. 309, 310.] - - [Footnote 151-2: Nos. 340, 350, 351, 385, 386, 387.] - - [Footnote 151-3: No. 125.] - - [Footnote 151-4: Nos. 160, 161.] - - [Footnote 151-5: No. 272.] - - [Footnote 151-6: No. 332.] - - [Footnote 152-1: Nos. 258, 259.] - -There are, indeed, in more than one of Worcester's letters in this -collection symptoms of ill-concealed chagrin and disappointment. Nor -were such feelings unnatural in one who, probably out of regard for an -ill-appreciated hero, had devoted the best energies of his life to the -services of such a master as Fastolf. [Sidenote: William Worcester.] A -native of Bristol, the son of one William Worcester, who lived in St. -James's Bec in that town, he was descended by the mother's side from a -wealthy family of Coventry, and often called himself, instead of -Worcester, by his mother's maiden name of Botoner. Born in the year -1415, he had entered the university of Oxford in 1432, and been four -years a student at Hart Hall, now Balliol College; after which he had -gone into Fastolf's service. For many years he had been steward of Sir -John's manor of Castle Combe in Wiltshire, and MSS. still exist in his -handwriting relating to the holding of manorial courts there.[152-2] He -had also been Fastolf's secretary in drawing up various statements -regarding the wars in France in vindication of his master's -policy.[152-3] He was a man of literary tastes, who had already -presented some compositions to his patron.[152-4] Later in life he wrote -a book of annals, which is an important historical authority for the -period. It seems to have been about a year before his master's death -that he set himself assiduously to learn French, under the tuition of a -Lombard named Caroll Giles.[152-5] From this instructor he had purchased -several books, and Henry Windsor suspected he had run himself into debt -in consequence. He had fairly owned to Windsor 'he would be as glad and -as fain of a good book of French or of poetry, as my master Fastolf -would be to purchase a fair manor.'[152-6] But he had a special object -in view in which a knowledge of this language was important; for he had -begun translating, at Fastolf's request, from a French version, Cicero's -treatise _de Senectute_. This work appears to have been left on his -hands at Sir John Fastolf's death, and on the 10th of August 1473 he -presented it to his patron's old friend, Bishop Waynflete, at Esher. -'Sed nullum regardum recepi de episcopo' (but I received no reward from -the bishop), is his melancholy comment on the occasion.[153-1] The work -was ultimately printed by Caxton in 1481. Worcester was an assiduous -collector of information on topics of every description, and a number of -his commonplace books remain at this day. But like many men of letters -after him, he found that industry of this sort may look in vain for any -reward beyond the satisfaction of gratified curiosity.[153-2] - - [Footnote 152-2: Add. MS. 28,208, B.M.] - - [Footnote 152-3: Stevenson's _Wars_, ii. [519], _sq._] - - [Footnote 152-4: 'Stellæ versificatæ pro anno 1440 ad instantiam - J. Fastolfe militis.' MS. Laud., B. 23 (according to the old - pressmark).] - - [Footnote 152-5: Letter 370.] - - [Footnote 152-6: In previous editions it was here remarked:--'This - French zeal appears to have excited the contempt of some of his - acquaintances--among others of Friar Brackley, who nicknamed him - Colinus Gallicus.' The discovery of additional letters, formerly - published in a Supplement, but now incorporated with the series, - seems to show that this was an error, or at all events very - doubtful. It is clear from Letter 404 that a certain 'W. W.' and - Colinus Gallicus were different persons (_see_ vol. iii. p. 213, - note 3), and the references to 'W. W.' at p. 230 as the knight's - secretary and one of his executors remove any doubt that we might - otherwise entertain that he was William Worcester. But a new - difficulty arises from that identification, that Friar Brackley - calls 'W. W.' an Irishman, which William Worcester was not; and - the references at p. 220 of the same volume would imply that he - was really an Irishman in nationality, and also a one-eyed man of - dark visage. Such may have been Worcester's personal appearance; - but why was he called an Irishman? - - It is with some hesitation that I hazard a new conjecture as - to the person nicknamed Colinus Gallicus; but on comparing the - different passages where that nickname occurs, I am inclined - to think it was meant for Judge Yelverton.] - - [[p. iii. 230 = Letter 417; p. iii. 220 = Letter 409]] - - [Footnote 153-1: Itin. 368.] - - [Footnote 153-2: Tanner's _Bibliotheca_. _See_ also a notice of - William Worcester in _Retrospective Review_, Second Series, ii. - 451-4.] - -Along with the announcement that Sir John Fastolf was about to go into -Norfolk, William Paston informed his brother that the old knight's -stepson, Stephen Scrope, would reside at Caister along with him. -[Sidenote: Stephen Scrope.] Of this Stephen Scrope our Letters make not -unfrequent mention; but the leading facts of his history are obtained -from other sources. He was the son of Sir Stephen Scrope, by his wife -Lady Milicent, who married Fastolf after her husband's death. At the -time of this second marriage of his mother, young Scrope was about ten -or twelve years of age, and being heir to a considerable property, his -stepfather had the management of his affairs during his minority. -Bitterly did he complain in after years of the manner in which Sir John -had discharged the trust. According to the unfeeling, mercenary fashion -in which such matters were then managed, Fastolf sold his wardship to -Chief-Justice Gascoigne for 500 marks; 'through the which sale,' wrote -Scrope at a later date, 'I took sickness that kept me a thirteen or -fourteen years [en]suing; whereby I am disfigured in my person and shall -be whilst I live.' Gascoigne held this wardship for three years, and by -right of it intended to marry Scrope to one of his own daughters; but as -the young lad's friends thought the match unequal to his fortune, -Fastolf bought the wardship back again.[154-1] Stephen Scrope, however, -when he grew up, was not more grateful for the redemption than for the -original sale of his person. 'He bought me and sold me as a beast' (so -he writes of Sir John Fastolf), 'against all right and law, to mine hurt -more than 1000 marks.' In consequence of the stinginess of his -stepfather he was obliged, on coming of age, to sell a manor which was -part of his inheritance and take service with Humphrey, Duke of -Gloucester in France; by whom, according to his own account, he had some -hope of obtaining restitution of the lordship of the Isle of Man, which -had belonged to his uncle the Earl of Wiltshire in the days of Richard -II. But Sir John Fastolf got him to give up his engagement with the duke -and serve with himself, which he did for several years, to the -satisfaction of both parties. Afterwards, however, on some dispute -arising, Scrope returned to England, when Sir John sent home word that -he must pay for his meat and drink. To do this he was driven to contract -a marriage which, by his own account, was not the most advantageous for -himself; and his stepfather, instead of showing him any compassion, -brought an action against him by which he was deprived of all the little -property that his wife had brought him.[154-2] - - [Footnote 154-1: No. 97.] - - [Footnote 154-2: Scrope's _History of the Manor of Castle Combe_, - pp. 264-283. The MSS. formerly at Castle Combe, to which Mr. - Scrope refers in this work, have since been presented by him and - Mr. Lowndes, the present lord of the manor, to the British Museum. - One of them we have reprinted in No. 97.] - -Of this first wife of Stephen Scrope we know nothing,[154-3] except that -she died and left him a daughter some years before we find any mention -of him in the Paston correspondence. His necessities now compelled him -to resort to the same evil system of bargaining in flesh and blood of -which he had complained in his own case. 'For very need,' he writes, 'I -was fain to sell a little daughter I have for much less than I should -have done by possibility,'--a considerable point in his complaint being -evidently the lowness of the price he got for his own child. It seems -that he disposed of her wardship to a knight[155-1] whose name does not -appear; but the terms of the contract became matter of interest some -time afterwards to John Paston and his mother, when Scrope, who, besides -being disfigured in person, was probably not far from fifty years of -age, made an offer for the hand of Paston's sister Elizabeth, a girl of -about twenty. The proposed match did not take effect; but it was for -some time seriously entertained. Agnes Paston writes that she found the -young lady herself 'never so willing to none as she is to him, if it be -so that his land stand clear.'[155-2] The reader will perhaps think from -this expression that the young lady had been pretty early taught the -importance of considering worldly prospects; but there were other -motives which not improbably helped to influence her judgment. 'She was -never in so great sorrow as she is now-a-days,' wrote Elizabeth Clere to -John Paston, as a reason for concluding the matter at once with Scrope, -if no more desirable suitor presented himself. Her mother would not -allow her to see any visitor, and was suspicious even of her intercourse -with the servants of her own house. 'And she hath since Easter the most -part been beaten once in the week or twice, and sometimes twice in one -day, and her head broken in two or three places.'[155-3] Such was the -rough domestic discipline to which even girls in those days were -occasionally subjected! - - [Footnote 154-3: She is not unlikely to have been the lady - mentioned in No. 97. 'Fauconer's daughter of London, that Sir - Reynold Cobham had wedded.' This I find need not have been, as I - have stated in a footnote, the widow of Sir Reginald Cobham of - Sterborough, who died in 1446; for there was an earlier Sir - Reginald Cobham, whose widow Elizabeth was married to William - Clifford as early as 1438. (_Inquisitions post mortem_, 16 Hen. - VI. No. 31.) Thus there is the less difficulty in attributing - Letter 97 to a much earlier date than that assigned to it by the - endorsement.] - - [Footnote 155-1: Letter 94.] - - [Footnote 155-2: No. 93.] - - [Footnote 155-3: No. 94.] - -Some years certainly elapsed after this before either Stephen Scrope -found a wife or Elizabeth Paston a husband. The former ultimately -married Joan, the daughter of Richard Bingham, judge of the King's -Bench; the latter was married to Robert Poynings, whom we have already -had occasion to notice as an ally of Jack Cade in 1450, and a ringleader -in other movements a few years later. This second marriage appears to -have taken place about New Year's Day 1459;[156-1] before which time we -find various other proposals for her hand besides that of Scrope.[156-2] -Among these it may be noted that Edmund, Lord Grey of Hastings, wrote to -her brother to say that he knew a gentleman with property worth 300 -marks (£200) a year to whom she might be disposed of. No doubt, as in -similar cases, this gentleman was a feudal ward, whose own opinion was -the very last that was consulted as to the lady to whom he should be -united. But it is time that we return to the current of public -affairs.[156-3] - - [Footnote 156-1: _See_ No. 374.] - - [Footnote 156-2: Nos. 236, 250, 252.] - - [Footnote 156-3: We ought not to leave unnoticed one fact in the - relations of Scrope and Fastolf which is much more creditable to - both of them than the disputes above mentioned. In the year 1450, - Scrope translated from the French and dedicated to Sir John, 'for - his contemplation and solace,' a work entitled _Ditz de - Philosophius_ (Sayings of Philosophers), of which the original MS. - is now in the Harleian Collection, No. 2266. That Fastolf was a - real lover of literature, and encouraged literary tastes in those - about him, there can be no question.] - - -_The Strife of Parties_ - -[Sidenote: The king's recovery.] At Christmas, to the great joy of the -nation, the king began to recover from his sad illness. He woke up, as -it were, from a long sleep. So decidedly had he regained his faculties, -that, first, on St. John's Day (27th December), he commanded his almoner -to ride to Canterbury with an offering, and his secretary to present -another at the shrine of St. Edward. On the following Monday, the 30th, -the queen came to him and brought with her the infant prince, for whom -nearly twelve months before she had in vain endeavoured to bespeak his -notice. What occurred at that touching interview we know from a letter -of Edmund Clere to John Paston, and it would be impossible to wish it -recorded in other words. 'And then he asked what the Prince's name was, -and the queen told him "Edward"; and then he held up his hands and -thanked God thereof. And he said he never knew till that time, nor wist -what was said to him, nor wist not where he had been whilst he hath been -sick, till now. And he asked who was godfathers, and the queen told him; -and he was well apaid. And she told him that the cardinal (Kemp) was -dead; and he said he knew never thereof till that time; and he said one -of the wisest lords in this land was dead.'[157-1] - - [Footnote 157-1: No. 270.] - -[Sidenote: A.D. 1455.] On the 7th of January, Bishop Waynflete and the -Prior of St. John's were admitted to speak with him, and finding his -discourse as clear and coherent as they had ever known it, on coming out -of the audience chamber they wept for joy.[157-2] - - [Footnote 157-2: _Ibid._] - -Joy was doubtless the prevailing sentiment among all ranks and classes -of people; but there was one to whom the news of the king's recovery -must have afforded a delight and satisfaction beyond what any one -else--unless it were Queen Margaret--could possibly derive from it. The -Duke of Somerset had now lain in prison more than a year. The day -appointed for his trial had passed away and nothing had been done. It -certainly casts some suspicion upon the even-handed justice of the Duke -of York, that his adversary was thus denied a hearing; but the fault may -have been due, after all, to weakness more than malice. In cases of -treason, when once a trial was instituted against a leading nobleman, -a conviction was, in those days, an absolutely invariable result; but -this made it a thing all the more dangerous to attempt when it was -hopeless to expect the positive sanction of the king. The real cause, -however, why Somerset was not brought to trial can only be a matter of -conjecture. His continued confinement, however harsh, was, according to -the practice of those days, legal; nor was it till six weeks after the -king's recovery that he was restored to liberty. A new day, meanwhile, -and not a very early one, was fixed for the hearing of charges against -him. On the morrow of All Souls--the 3rd of November following--he was -to appear before the Council. This was determined on the 5th of -February. Four lords undertook to give surety in their own proper -persons that he would make his appearance on the day named; and orders -were immediately issued to release him from confinement.[158-1] - - [Footnote 158-1: Rymer, xi. 361.] - -On the 4th day of March, he presented himself at a Council held before -the king in his palace at Greenwich. The Duke of York was present, with -ten bishops and twenty temporal peers, among whom were the Protector's -friend, the Earl of Salisbury, Lord Chancellor, the Earl of Worcester, -Treasurer of England, and the king's half-brother, the Earl of Pembroke. -His accuser, the Duke of Norfolk, was absent, probably not without a -reason. In presence of the assembled lords, Somerset then declared that -he had been imprisoned without a cause and confined in the Tower of -London one whole year and more than ten weeks over, and had only been -liberated on bail on the 7th of February. So, as he declared there was -no charge made against him for which he deserved to be confined, he -besought the king that his sureties might be discharged; offering, if -any one would accuse him of anything contrary to his allegiance, that he -would be ready at all times to answer according to law and like a true -knight. [Sidenote: Somerset released.] His protestations of loyalty were -at once accepted by the king, who thereupon declared that he knew the -duke to be his true and faithful liegeman, and wished it to be -understood that he so reputed him. After this, the mouths of all -adversaries were of course sealed up. The duke's bail were discharged. -His character was cleared from every insinuation of disloyalty; and -whatever questions might remain between him and the Duke of York were -referred to the arbitration of eight other lords, whose judgment both -parties were bound over in recognisances of 20,000 marks, that they -would abide.[158-2] - - [Footnote 158-2: _Ibid._ 362, 363.] - -The significance of all this could not be doubtful. The king's recovery -had put an end to the Duke of York's power as Protector, and he was -determined to be guided once more by the counsels of the queen and -Somerset. On the 6th March, York was deprived of the government of -Calais which he had undertaken by indenture for seven years.[159-1] On -the 7th, the Great Seal was taken from the Earl of Salisbury and given -to Thomas Bourchier, Archbishop of Canterbury. These changes, or at -least the former, promised little good to the country; and in the -beginning of May we not only find that Calais stood again in imminent -danger of siege,[159-2] but that considerable fears were entertained of -an invasion of England.[159-3] But to the Duke of York they gave cause -for personal apprehension. Notwithstanding the specious appointment of a -tribunal to settle the controversy between him and Somerset, it was -utterly impossible for him to expect anything like an equitable -adjustment. A Council was called at Westminster in the old exclusive -spirit, neither York nor any of his friends being summoned to attend it. -A Great Council was then arranged to meet at Leicester long before the -day on which judgment was to be given by the arbitrators; and it was -feared both by York and his friends, the Earls of Salisbury and Warwick, -that if they ventured to appear there they would find themselves -entrapped. The ostensible ground of the calling of that council was to -provide for the surety of the king's person; from which it was fairly to -be conjectured that a suspicion of treason was to be insinuated against -persons who were too deservedly popular to be arrested in London with -safety to the Government.[159-4] - - [Footnote 159-1: Rymer, xi. 363.] - - [Footnote 159-2: _Privy Council Proceedings_, vi. 234-8.] - - [Footnote 159-3: On the _Patent Roll_, 33. Hen. VI. p. 19 _d._, is - a commission dated 5th May, for keeping watch on the coast of Kent - against invasion.] - - [Footnote 159-4: _Rolls of Parl._ v. 280-1.] - -[Sidenote: York and his friends take arms.] York had by this time -retired into the north, and uniting with Salisbury and Warwick, it was -determined by all three that the cause assigned for the calling of the -Council justified them in seeking the king's presence with a strong body -of followers. On the 20th May they arrived at Royston, and from thence -addressed a letter to Archbishop Bourchier, as Chancellor, in which they -not only repudiated all intention of disloyalty, but declared that, as -the Council was summoned for the surety of the king's person, they had -brought with them a company of armed followers expressly for his -protection. If any real danger was to be apprehended they were come to -do him service; but if their own personal enemies were abusing their -influence with the king to inspire him with causeless distrust, they -were determined to remove unjust suspicions, and relied on their armed -companies for protection to themselves. Meanwhile they requested the -archbishop's intercession to explain to Henry the true motives of their -conduct.[160-1] - - [Footnote 160-1: _Rolls of Parl._ v. 280-1.] - -Next day they marched on to Ware, and there penned an address to the -king himself, of which copies seem to have been diffused, either at the -time or very shortly afterwards, in justification of their proceedings. -One of these came to the hands of John Paston, and the reader may -consequently peruse the memorial for himself in Volume III.[160-2] In -it, as will be seen, York and his friends again made most urgent protest -of their good intent, and complained grievously of the unfair -proceedings of their enemies in excluding them from the royal presence -and poisoning the king's mind with doubts of their allegiance. They -declared that they had no other intent in seeking the king's presence -than to prove themselves his true liegemen by doing him all the service -in their power; and they referred him further to a copy of their letter -to the archbishop, which they thought it well to forward along with -their memorial, as they had not been informed that he had shown its -contents to the king. - - [Footnote 160-2: No. 282.] - -In point of fact, neither the letter to the archbishop nor the memorial -to the king himself was allowed to come to Henry's hands. The -archbishop, indeed, had done his duty, and on receipt of the letter to -himself had sent it on, with all haste, to Kilburn, where his messenger -overtook the king on his way northwards from London. But the man was not -admitted into the royal presence; for the Duke of Somerset and his -friends were determined the Yorkists should not be heard, that their -advance might wear as much as possible the aspect of a rebellion. York -and his allies accordingly marched on from Ware to St. Albans, where -they arrived at an early hour on the morning of the 22nd. Meanwhile the -king, who had left London the day before, accompanied by the Dukes of -Buckingham and Somerset, his half-brother, Jasper Tudor, Earl of -Pembroke, the Earls of Northumberland, Devonshire, Stafford, Dorset, and -Wiltshire, and a number of other lords, knights, and gentlemen, -amounting in all to upwards of 2000, arrived at the very same place just -before them, having rested at Watford the previous night. Anticipating -the approach of the Duke of York, the king and his friends occupied the -suburb of St. Peter's, which lay on that side of the town by which the -duke must necessarily come. The duke accordingly, and the Earls of -Salisbury and Warwick, drew up their forces in the Keyfield, outside the -barriers of the town. From seven in the morning till near ten o'clock -the two hosts remained facing each other without a blow being struck; -during which time the duke and the two earls, still endeavouring to -obtain a peaceful interview with the king, petitioned to have an answer -to their memorial of the preceding day. They were told in reply that it -had not been received by the king, on which they made new and more -urgent representations. At first, it would seem, they demanded access to -the royal presence to declare and justify their true intentions; but -when this could not be obtained, they made a still more obnoxious -request. They insisted that certain persons whom they would accuse of -treason should be delivered into their hands, reminding the king, as -respectfully as the fact could be alluded to, that past experience would -not permit them to trust to a mere promise on his part that a traitor -should be kept in confinement.[161-1] - - [Footnote 161-1: No. 283. _Rolls of Parl._ v. 281-2.] - -For the answer made to this demand, and for the details of the battle -which ensued, we may as well refer the reader to the very curious paper -(No. 283) from which we have already derived most of the above -particulars. We are not here writing the history of the times, and it -may be sufficient for us to say that York and his friends were -completely victorious. The action lasted only half an hour. [Sidenote: -Battle of St. Albans.] The Duke of Somerset was slain, and with him the -Earl of Northumberland, Lords Clifford and Clinton, with about 400 -persons of inferior rank, as the numbers were at first reported. This, -however, seems to have been an over-estimate.[162-1] The king himself -was wounded by an arrow in the neck, and, after the engagement, was -taken prisoner; while the Earl of Wiltshire, and the Duke of York's old -enemy, Thorpe, fled disgracefully. When all was over, the duke with the -two earls came humbly and knelt before the king, beseeching his -forgiveness for what they had done in his presence, and requesting him -to acknowledge them as his true liegemen, seeing that they had never -intended to do him personal injury. To this Henry at once agreed, and -took them once more into favour.[162-2] - - [Footnote 162-1: John Crane, writing from Lambeth on Whitsunday, - three days after the battle, says, 'at most six score.' No. 285. - Another authority says, '60 persons of gentlemen and other.' - _English Chronicle_, ed. Davies, p. 72.] - - [Footnote 162-2: Nos. 283, 284, 285.] - -Thus again was effected 'a change of ministry'--by sharper and more -violent means than had formerly been employed, but certainly by the only -means which had now become at all practicable. The government of -Somerset was distinctly unconstitutional. The deliberate and systematic -exclusion from the king's councils of a leading peer of the realm--of -one who, by mere hereditary right, quite apart from natural capacity and -fitness, was entitled at any time to give his advice to royalty, was a -crime that could not be justified. For conduct very similar the two -Spencers had been banished by Parliament in the days of Edward II.; and -if it had been suffered now to remain unpunished, there would not have -existed the smallest check upon arbitrary government and intolerable -maladministration. - -Such, we may be well assured, was the feeling of the city of London, -which on the day following the battle received the victors in triumph -with a general procession.[162-3] The Duke of York conducted the king to -the Bishop of London's palace, and a council being assembled, writs were -sent out for a Parliament to meet on the 9th of July following.[162-4] -Meanwhile the duke was made Constable of England, and Lord Bourchier, -Treasurer. The defence of Calais was committed to the Earl of -Warwick.[162-5] There was, however, no entire and sweeping change made -in the officers of state. The Great Seal was allowed to continue in the -hands of Archbishop Bourchier. - - [Footnote 162-3: No. 284.] - - [Footnote 162-4: No. 283.] - - [Footnote 162-5: No. 285.] - -It remained, however, for Parliament to ratify what had been done. -However justifiable in a moral point of view, the conduct of York and -his allies wore an aspect of violence towards the sovereign, which made -it necessary that its legality should be investigated by the highest -court in the realm. Inquiry was made both in Parliament and by the -king's Council which of the lords about the king had been responsible -for provoking the collision. Angry and unpleasant feelings, as might be -expected, burst out in consequence. The Earl of Warwick accused Lord -Cromwell to the king, and when the latter attempted to vindicate -himself, swore that what he stated was untrue. So greatly was Lord -Cromwell intimidated, that the Earl of Shrewsbury, at his request, took -up his lodging at St. James's, beside the Mews, for his protection. The -retainers of York, Warwick, and Salisbury went about fully armed, and -kept their lords' barges on the river amply furnished with weapons. -Proclamations, however, were presently issued against bearing arms. The -Parliament, at last, laid the whole blame of the encounter upon the -deceased Duke of Somerset, and the courtiers Thorpe and Joseph; and by -an Act which received the royal assent, it was declared that the Duke of -York and his friends had acted the part of good and faithful subjects. -'To the which bill,' said Henry Windsor in a letter to his friends -Bocking and Worcester, 'many a man grudged full sore now it is past'; -but he requested them to burn a communication full of such uncomfortable -matter to comment upon as the quarrels and heartburnings of -lords.[163-1] - - [Footnote 163-1: No. 299.] - -[Sidenote: The Parliamentary elections.] But with whatever grudge it may -have been that Parliament condoned the acts of the Yorkists, it seems -not to have been without some degree of pressure that the duke and his -allies obtained a Parliament so much after their own minds. Here, for -instance, we have the Duchess of Norfolk writing to John Paston, just -before the election, that it was thought necessary 'that my lord have at -this time in the Parliament such persons as long unto him and be of his -menial servants (!)'; on which account she requests his vote and -influence in favour of John Howard and Sir Roger Chamberlain.[164-1] The -application could scarcely have been agreeable to the person to whom it -was addressed; for it seems that John Paston himself had on this -occasion some thought of coming forward as a candidate for Norfolk. -Exception was taken to John Howard, one of the duke's nominees (who, -about eight-and-twenty years later, was created Duke of Norfolk himself, -and was the ancestor of the present ducal family), on the ground that he -possessed no lands within the county;[164-2] and at the nomination the -names of Berney, Grey, and Paston were received with great -favour.[164-3] John Jenney thought it 'an evil precedent for the shire -that a strange man should be chosen, and no worship to my lord of York -nor to my lord of Norfolk to write for him; for if the gentlemen of the -shire will suffer such inconvenience, in good faith the shire shall not -be called of such worship as it hath been.' So unpopular, in fact, was -Howard's candidature that the Duke of Norfolk was half persuaded to give -him up, declaring, that since his return was objected to he would write -to the under-sheriff that the shire should have free election, provided -they did not choose Sir Thomas Tuddenham or any of the old adherents of -the Duke of Suffolk. And so, for a time it seemed as if free election -would be allowed. The under-sheriff even ventured to write to John -Paston that he meant to return his name and that of Master Grey; -'nevertheless,' he added significantly, 'I have a master.' Howard -appeared to be savage with disappointment. He was 'as wode' (_i.e._ -mad), wrote John Jenney, 'as a wild bullock.' But in the end it appeared -he had no need to be exasperated, for when the poll came to be taken, he -and the other nominee of the Duke of Norfolk were found to have gained -the day.[164-4] - - [Footnote 164-1: No. 288.] - - [Footnote 164-2: Nos. 294, 295.] - - [Footnote 164-3: No. 291.] - - [Footnote 164-4: No. 295.] - -Besides the act of indemnity for the Duke of York and his partisans, and -a new oath of allegiance being sworn to by the Lords, little was done at -this meeting of the Parliament. On the 31st July it was prorogued, to -meet again upon the 12th November. But in the interval another -complication had arisen. The king, who seems to have suffered in health -from the severe shock that he must have received by the battle of St. -Albans,[165-1] had felt the necessity of retirement to recover his -composure, and had withdrawn before the meeting of Parliament to -Hertford; at which time the Duke of York, in order to be near him, took -up his quarters at the Friars at Ware.[165-2] He was well, or at all -events well enough to open Parliament in person on the 9th July; but -shortly afterwards he retired to Hertford again, where according to the -dates of his Privy Seals, I find that he remained during August and -September. [Sidenote: The king again ill.] In the month of October -following he was still there, and it was reported that he had fallen -sick of his old infirmity;--which proved to be too true.[165-3] - - [Footnote 165-1: _See_ Rymer, xi. 366.] - - [Footnote 165-2: No. 287.] - - [Footnote 165-3: No. 303.] - -Altogether matters looked gloomy enough. Change of ministry by force of -arms, whatever might be said for it, was not a thing to win the -confidence either of king or people. There were prophecies bruited about -that another battle would take place before St. Andrew's Day--the -greatest that had been since the battle of Shrewsbury in the days of -Henry IV. One Dr. Green ventured to predict it in detail. The scene of -the conflict was to be between the Bishop of Salisbury's Inn and -Westminster Bars, and three bishops and four temporal lords were to be -among the slain. The Londoners were spared this excitement; but from the -country there came news of a party outrage committed by the eldest son -of the Earl of Devonshire, on a dependant of the Lord Bonvile, -[Sidenote: Disturbances in the West.] and the West of England seems to -have been disturbed for some time afterwards.[165-4] From a local MS. -chronicle cited by Holinshed, it appears that a regular pitched battle -took place between the two noblemen on Clist Heath, about two miles from -Exeter, in which Lord Bonvile having gained the victory, entered -triumphantly into the city. A modern historian of Exeter, however, seems -to have read the MS. differently, and tells us that Lord Bonvile was -driven into the city by defeat.[165-5] However this may be, the Earl of -Devonshire did not allow the matter to rest. Accompanied by a large body -of retainers--no less, it is stated, than 800 horse and 4000 foot--he -attacked the Dean and Canons of Exeter, made several of the latter -prisoners, and robbed the cathedral.[166-1] - - [Footnote 165-4: No. 303. _See_ also a brief account of the same - affair in W. Worcester's _Itinerary_, p. 114.] - - [Footnote 165-5: Jenkins's _History of Exeter_, p. 78.] - - [Footnote 166-1: _Rolls of Parl._ v. 285. It may be observed that - the bishopric was at this time vacant, and the dean, whose name - was John Hals, had received a papal provision to be the new - bishop, but was forced to relinquish it in favour of George - Nevill, son of the Earl of Salisbury, a young man of only - three-and-twenty years of age. Godwin _de Præsulibus_. Le Neve's - _Fasti_. Nicolas's _Privy Council Proceedings_, vi. 265.] - -That one out of the number of those great lords who had been attached to -the government of the queen and the Duke of Somerset should thus have -abused his local influence, was pretty much what might have been -expected at such a juncture. But the effect was only to strengthen the -hands of York when Parliament met again in November. The situation was -now once more what it had been in the beginning of the previous year. -The day before Parliament met, the Duke of York obtained a commission to -act as the king's lieutenant on its assembling.[166-2] The warrant for -the issuing of this commission was signed by no less than thirty-nine -Lords of the Council. The Houses then met under the presidency of the -duke.[166-3] The Commons sent a deputation to the Upper House, to -petition the Lords that they would 'be good means to the King's -Highness' for the appointment of some person to undertake the defence of -the realm and the repressing of disorders. But for some days this -request remained unanswered. The appeal was renewed by the Commons a -second time, and again a third time, with an intimation that no other -business would be attended to till it was answered. [Sidenote: York -again Protector.] On the second occasion the Lords named the Duke of -York Protector, but he desired that they would excuse him, and elect -some other. The Lords, however, declined to alter their choice, and the -duke at last agreed to accept the office, on certain specific conditions -which experience had taught him to make still more definite for his own -protection than those on which he had before insisted. Among other -things it was now agreed that the Protectorship should not again be -terminated by the mere fact of the king's recovery; but that when the -king should be in a position to exercise his functions, the Protector -should be discharged of his office in Parliament by the advice of the -Lords Spiritual and Temporal.[167-1] - - [Footnote 166-2: _Rolls of Parl._ v. 285.] - - [Footnote 166-3: _Privy Council Proceedings_, vi. 262.] - - [Footnote 167-1: _Rolls of Parl._ v. 285-7.] - -On the 19th of November, accordingly, York was formally appointed -Protector for the second time. Three days afterwards, at Westminster, -the king, whose infirmity on this occasion could scarcely have amounted -to absolute loss of his faculties, committed the entire government of -the kingdom to his Council, merely desiring that they would inform him -of anything they might think fit to determine touching the honour and -surety of his person.[167-2] The business of the nation was again placed -on something like a stable and satisfactory footing; and Parliament, -after sitting till the 13th December, was prorogued to the 14th January, -in order that the Duke of York might go down into the west for the -repressing of those disorders of which we have already spoken.[167-3] - - [Footnote 167-2: _Ibid._ v. 288-90.] - - [Footnote 167-3: _Ibid._ 321.] - -[Sidenote: A.D. 1456.] Unluckily, things did not remain long in a -condition so hopeful for the restoration of order. Early in the -following year the king recovered his health, and notwithstanding the -support of which he had been assured in Parliament, York knew that his -authority as Protector would be taken from him. On the 9th of February, -as we learn from a letter of John Bocking, it had been anticipated that -he would have received his discharge in Parliament; but he was allowed -to retain office for a fortnight longer. On that day he and Warwick -thought fit to come to the Parliament with a company of 300 armed men, -alleging that they stood in danger of being waylaid upon the road. The -pretence does not seem to have been generally credited; and the -practical result of this demonstration was simply to prevent any other -lords from going to the Parliament at all.[167-4] - - [Footnote 167-4: No. 322.] - -The real question, however, which had to be considered was the kind of -government that should prevail when York was no more Protector. The -queen was again making anxious efforts to get the management of affairs -into her own hands; but the battle of St. Albans had deprived her of her -great ally the Duke of Somerset, and there was no one now to fill his -place. It is true he had left a son who was now Duke of Somerset in his -stead, and quite as much attached to her interests. There were, -moreover, the Duke of Buckingham and others who were by no means -friendly to the Duke of York. But no man possessed anything like the -degree of power, experience, and political ability to enable the king to -dispense entirely with the services of his present Protector. The king -himself, it was said, desired that he should be named his Chief -Councillor and Lieutenant, and that powers should be conferred upon him -by patent inferior only to those given him by the Parliament. But this -was not thought a likely settlement, and no one really knew what was to -be the new _régime_. The attention of the Lords was occupied with 'a -great gleaming star' which had just made its appearance, and which -really offered as much help to the solution of the enigma as any -appearances purely mundane and political.[168-1] - - [Footnote 168-1: No. 322.] - -At length on the 25th of February the Lords exonerated York from his -duties as Protector; soon after which, if not on the same day, -Parliament must have been dissolved.[168-2] [Sidenote: Again -discharged.] An Act of Resumption, rendered necessary by the state of -the revenue, was the principal fruit of its deliberations.[168-3] The -finances of the kingdom were placed, if not in a sound, at least in a -more hopeful condition than before; and Parliament and the Protector -were both dismissed, without, apparently, the slightest provision being -made for the future conduct of affairs. Government, in fact, seems -almost to have fallen into abeyance. There is a most striking blank in -the records of the Privy Council from the end of January 1456 to the end -of November 1457. That some councils were held during this period we -know from other evidences;[168-4] but with the exception of one single -occasion, when it was necessary to issue a commission for the trial of -insurgents in Kent,[169-1] there is not a single record left to tell us -what was done at them. - - [Footnote 168-2: _Rolls of Parl._ v. 321.] - - [Footnote 168-3: _Ibid._ 300. A more sweeping bill for this - purpose, which was rejected by the Lords, states that the revenue - was so encumbered 'that the charge of every sheriff in substance - exceedeth so far the receipt of the revenues thereof due and - leviable to you (_i.e._ the king), that no person of goodwill dare - take upon him to be sheriff in any shire, for the most party, in - this land.' _Ibid._ 328. Additional illustrations of this fact - will be found in Nicolas's _Privy Council Proceedings_, vi. 263-4, - 272-3, and Preface lxxv-vi.] - - [Footnote 168-4: Nos. 334, 345, 348.] - - [Footnote 169-1: _Privy Council Proceedings_, vi. 287.] - -Yet the machine of state still moved, no one could tell exactly how. -Acts were done in the king's name if not really and truly by the king, -and by the sheer necessity of the case York appears to have had the -ordering of all things. But his authority hung by a thread. His acts -were without the slightest legal validity except in so far as they might -be considered as having the sanction of the king; and in whatever way -that sanction may or may not have been expressed, there was no security -that it would not afterwards be withdrawn and disavowed. - -And so indeed it happened at this time in a matter that concerned deeply -the honour of the whole country. The outbreak of civil war had provoked -the interference of an enemy of whom Englishmen were always peculiarly -intolerant. The Duke of Somerset slain at St. Albans was uncle to James -II., the reigning king of Scotland, who is said to have resented his -death on the ground of consanguinity. [Sidenote: The King of Scots.] In -less than six weeks after the battle, 'the King of Scots with the red -face,' as he is called in a contemporary chronicle, laid siege to -Berwick both by water and land. But the Bishop of Durham, the Earl of -Northumberland, and other Lords of the Marches, took prompt measures for -the relief of the town, and soon assembled such a force as to compel -James not only to quit the siege but to leave all his ordnance and -victuals behind him.[169-2] How matters stood between the two countries -during the next ten months we have no precise information; but it is -clear that England, although the injured party, could not have been -anxious to turn the occasion into one of open rupture. Peace still -continued to be preserved till, on the 10th of May 1456, James wrote to -the King of England by Lyon herald, declaring that the truce of 1453 was -injurious to his kingdom, and that unless more favourable conditions -were conceded to him he would have recourse to arms.[169-3] A message -more calculated to fire the spirit of the English nation it would have -been impossible for James to write; nevertheless, owing either to -Henry's love of peace, or to his lack of advisers after his own mind, it -was not till the 26th of July that any answer was returned to it. On -that day the Duke of York obtained, or took, the liberty of replying in -Henry's name. To the insolence of the King of Scots, he opposed all the -haughtiness that might have been expected from the most warlike of -Henry's ancestors. Insisting to the fullest extent on those claims of -feudal superiority which England never had abandoned and Scotland never -had acknowledged, he told James that his conduct was mere insolence and -treason in a vassal against his lord; that it inspired not the slightest -dread but only contempt on the part of England; and that measures would -be speedily taken to punish his presumption.[170-1] - - [Footnote 169-2: _Three Fifteenth Century Chronicles_, 70 (edited - by me for the Camden Society): _Privy Council Proceedings_, vi. - 248-9.] - - [Footnote 169-3: Lambeth MS. 211, f. 146 b.] - - [Footnote 170-1: Lambeth MS. 211, f. 147. Rymer, xi. 383.] - -A month later the Duke of York addressed a letter to James in his own -name, declaring that as he understood the Scotch king had entered -England, he purposed to go and meet him. He at the same time reproached -James with conduct unworthy of one who was 'called a mighty Prince and a -courageous knight,' in making daily forays and suddenly retiring -again.[170-2] The end of this expedition we do not know; but we know -that not long afterwards Henry changed his policy. The letter written by -the Duke of York in the king's name was regularly enrolled on the Scotch -Roll among the records of Chancery; but to it was prefixed a note on the -king's behalf, disclaiming responsibility for its tenor, and attributing -to the duke the usurpation of authority, and the disturbance of all -government since the time of Jack Cade's insurrection.[170-3] - - [Footnote 170-2: Lambeth MS. 211, f. 148. This letter is dated - 24th August 1456.] - - [Footnote 170-3: Rymer, xi. 383.] - -The glimpses of light which we have on the political situation during -this period are far from satisfactory. Repeated notice, however, is -taken in these letters of a fact which seems significant of general -distrust and mutual suspicion among the leading persons in the land. The -king, queen, and lords were all separated and kept carefully at a -distance from each other. Thus, while the king was at Sheen, the queen -and her infant prince were staying at Tutbury, the Duke of York at -Sandal, and the Earl of Warwick at Warwick.[171-1] Afterwards we find -the queen removed to Chester, while the Duke of Buckingham was at -Writtle, near Chelmsford in Essex. The only lord with the king at Sheen -was his half-brother the Earl of Pembroke. His other brother, the Earl -of Richmond, who died in the course of this year, was in Wales making -war upon some chieftain of the country whose name seems rather -ambiguous. 'My Lord [of] York,' it is said, 'is at Sendall still, and -waiteth on the queen, and she on him.'[171-2] The state of matters was -evidently such that it was apprehended serious outrages might break out; -and reports were even spread abroad of a battle in which Lord Beaumont -had been slain and the Earl of Warwick severely wounded.[171-3] - - [Footnote 171-1: Nos. 330, 331.] - - [Footnote 171-2: No. 334.] - - [Footnote 171-3: No. 331.] - - [[Earl of Warwick severely wounded.[171-3] - _text has superfluous close quote_]] - -[Sidenote: The king and queen.] The separation of the king and queen is -especially remarkable. During May and June they were more than a hundred -miles apart; and in the latter month the queen had increased the -distance by removing from Tutbury in Staffordshire to Chester. It was -then that she was said to be waiting on my Lord of York and he on her. -The exact interpretation of the position must be partly matter of -conjecture, but I take it to be as follows. The Duke of York, as we find -stated only a few months later, was in very good favour with the king -but not with the queen;[171-4] and we know from Fabyan that the latter -was at this time doing all she could to put an end to his authority. It -appears to me that by her influence the duke must have been ordered to -withdraw from the Court, and that to prevent his again seeking access to -the king's presence, she pursued him into the north. At Tutbury[171-5] -she would block his way from Sandal up to London; and though for some -reason or other she removed further off to Chester, she still kept an -anxious watch upon the duke, and he did the same on her. Very probably -her removal did give him the opportunity she dreaded of moving -southwards; for he must have been with the king at Windsor on the 26th -of July when he wrote in Henry's name that answer to the King of Scots -of which we have already spoken. - - [Footnote 171-4: No. 348.] - - [Footnote 171-5: Tutbury was one of the possessions given to her - for her dower. _Rolls of Parl._ vi. 118.] - -However this may be, Margaret soon after had recourse to other means to -effect her object. In consequence of the Duke of York's popularity in -London, it was expedient to remove the king some distance from the -capital.[172-1] He appears to have been staying at Windsor during July -and the beginning of August. In the middle of the latter month he took -his departure northwards. By the dates of his Privy Seals we find him to -have been at Wycombe on the 18th, at Kenilworth on the 24th, and at -Lichfield on the 29th. In September he moved about between Lichfield, -Coventry, and Leicester; but by the beginning of October the Court seems -to have settled itself at Coventry, where a council was assembled on the -7th.[172-2] To this council the Duke of York and his friends were -regularly summoned, as well as the lords whom the queen intended to -honour; but even before it met, changes had begun to be made in the -principal officers of state. On the 5th, Viscount Bourchier, the brother -of the Archbishop of Canterbury, was dismissed from his office of Lord -Treasurer, and the Earl of Shrewsbury was appointed in his room. On the -11th, the archbishop himself was called upon to surrender the Great -Seal, and Waynflete, Bishop of Winchester, was made Chancellor in his -stead. Laurence Booth, afterwards Bishop of Durham, was made Lord Privy -Seal. - - [Footnote 172-1: Fabyan.] - - [Footnote 172-2: No. 345.] - -The new appointments seem to have been on their own merits -unexceptionable,--that of Waynflete more especially. Whether the -superiority of the new men was such as to make it advisable to supersede -the old is another question, on which we would not attempt to pronounce -an opinion, either one way or other. One thing, however, we may believe -on the evidence of James Gresham, whose letters frequently give us very -interesting political intelligence: the changes created dissatisfaction -in some of the queen's own friends, particularly in the Duke of -Buckingham, who was half-brother to two of the discharged functionaries, -the Archbishop of Canterbury and Viscount Bourchier. Either from this -cause or from a mere English love of fair-play, it would appear that -Buckingham now supported the Duke of York, who, it is said, though at -this time he had some interviews with the king and found Henry still as -friendly as he could desire, would certainly have been troubled at his -departure if Buckingham had not befriended him. About the Court there -was a general atmosphere of suspicion and distrust. On the 11th October, -the very day on which Waynflete was appointed Chancellor, an encounter -took place between the Duke of Somerset's men and the watchmen of the -city of Coventry, in which two or three of the citizens were killed. And -probably it would have gone hard with the duke's retainers, had not -Buckingham used his good offices here too as peacemaker; for the -alarm-bell rang and the citizens rose in arms. But by the interposition -of Buckingham the tumult was appeased.[173-1] - - [Footnote 173-1: No. 348.] - -[Sidenote: A.D. 1457.] For about a twelvemonth from this time we find -that the Court continued generally at Coventry,[173-2] occasionally -moving about to Stafford, Coleshill, Chester, Shrewsbury, Kenilworth, -Hereford, and Leicester.[173-3] The queen evidently feared all the while -to bring her husband nearer London, lest he should fall once more under -the power of the Duke of York. Meanwhile the want of a vigorous ruler -became every day more apparent. Not only was Calais again in danger of -siege,[173-4] but the coast of Kent was attacked by enemies, and within -the kingdom a dangerous spirit of disaffection had shown itself in -various places. On the Patent Rolls we meet with numerous commissions -for keeping watch upon the coasts,[173-5] for arraying the country -against invasion,[173-6] and for assembling the _posse comitatus_ in -various counties, against treasonable attempts to stir up the -people.[173-7] During April the Court had removed to Hereford,[174-1] -apparently in consequence of some disturbances which had taken place in -Wales under Sir William Herbert. Its sojourn upon the Welsh borders had -an excellent effect, the burgesses and gentlemen about Hereford all -declaring themselves ready to take the king's part unless a peace were -made. On the 1st of May it was reported in London that Herbert had -offered, on being granted his life and goods, to return to his -allegiance and appear before the king and lords at Leicester; so we may -conclude the insurrection did not last long after.[174-2] - - [Footnote 173-2: Accounts of the pageants shown before Queen - Margaret at Coventry are noticed as contained in the earliest Leet - Book of the City. See _Historical MSS. Commission Report I._, - 100.] - - [Footnote 173-3: Privy Seals in Public Record Office.] - - [Footnote 173-4: No. 356.] - - [Footnote 173-5: _Patent Roll_, 35 Hen. VI. p. 1 m. 16 _d._ (26 - Nov.); m. 7 _d._ (19 May).] - - [Footnote 173-6: _Ibid._ p. 2 m. 5 _d._ (29 Aug.).] - - [Footnote 173-7: _Ibid._ (18 July).] - - [Footnote 174-1: No. 356. There are Privy Seals dated at Hereford - between the 1st and the 23rd of April.] - - [Footnote 174-2: No. 356. By the 4th of May the king had left - Hereford and gone to Worcester, from which he proceeded to - Winchcombe on the 10th and Kenilworth on the 13th. (Privy Seal - dates.)] - -But though the personal influence of the king was doubtless great and -beneficial within his own immediate vicinity, it could do little for the -good order and protection of the country generally. Distrust, -exclusiveness, and a bankrupt exchequer were not likely to obtain for -the king willing and hearty service. Notwithstanding the commissions -issued to keep watch upon the coasts, the French managed to surprise and -plunder Sandwich. [Sidenote: The French attack Sandwich.] On Sunday, the -28th August, a large force under the command of Pierre de Brézé, -seneschal of Normandy, landed not far from the town, which they took and -kept possession of during the entire day. A number of the inhabitants, -on the first alarm, retreated on board some ships lying in the harbour, -from whence they began presently to shoot at the enemy. But de Brézé -having warned them that if they continued he would burn their ships, -they found it prudent to leave off. Having killed the bailiffs and -principal officers, the Frenchmen carried off a number of wealthy -persons as prisoners, and returned to their ships in the evening, laden -with valuable spoils from the town and neighbourhood.[174-3] - - [Footnote 174-3: _English Chronicle_ (Davies), 74. _Three - Fifteenth Century Chronicles_, 70, 71, 152-3. _Contin. of - Monstrelet_, 70, 71.] - -The disaster must have been keenly felt; but if Englishmen had known the -whole truth, it would have been felt more keenly still. Our own old -historians were not aware of the fact, but an early French chronicler -who lived at the time assures us that the attack had been purposely -invited by Margaret of Anjou out of hatred to the Duke of York, in order -to make a diversion, while the Scots should ravage England![175-1] It -was well for her that the truth was not suspected. - - [Footnote 175-1: De Coussy, 209.] - - -_Reconciliation and Civil War_ - -At length, it would seem, the Court found it no longer possible to -remain at a distance from the metropolis. In October the king had -removed to Chertsey,[175-2] and soon after we find him presiding at a -Great Council, which had been summoned to meet in his palace at -Westminster in consequence of the urgent state of affairs. Though -attended not only by the Duke of York, but by a large number of the -principal lords on both sides, the meeting does not appear to have led -to any very satisfactory results. All that we know of its proceedings is -that some of them, at least, were of a stormy character,--one point on -which all parties were agreed being the exclusion from the council -chamber of Pecock, [Sidenote: Bishop Pecock.] Bishop of Chichester, an -ardent and honest-minded prelate, who, having laboured hard to reconcile -the Lollards to the authority of the Church by arguments of common sense -instead of persecution, was at this time stigmatised as a heretic and -sedition-monger, and very soon after was deprived of his bishopric. It -augured little good for that union of parties which was now felt to be -necessary for the public weal, that the first act on which men generally -could be got to agree was the persecution of sense and reason. There -were other matters before the council on which they were unable to come -to a conclusion, and they broke up on the 29th November, with a -resolution to meet again on the 27th January; for which meeting -summonses were at once sent out, notifying that on that day not one of -the lords would be excused attendance.[175-3] - - [Footnote 175-2: Privy Seal dates.] - - [Footnote 175-3: _Privy Council Proceedings_, vi. 290-1.] - -It was, indeed, particularly important that this meeting should be a -full one, and that every lord should be compelled to take his share of -the responsibility for its decisions. The principal aim was expressly -stated to be a general reconciliation and adjustment of private -controversies[176-1]--an object to which it was impossible to offer -direct opposition. But whether it was really distasteful to a number of -the peers, or obstacles started up in individual cases, there were -certainly several who had not arrived in town by the day appointed for -the meeting. [Sidenote: A.D. 1458.] The Earl of Salisbury's excuse, -dated at Sheriff Hutton on the 24th of January,[176-2] does not refer to -this, for it appears certainly to be of a different year. Fabyan says -that he had already arrived in London on the 15th January. He made his -appearance there at the head of 400 horse, with eighty knights and -squires in his company. The Duke of York also came, though he arrived -only on the 26th, 'with his own household only, to the number of 140 -horse.' But the Duke of Somerset only arrived on the last day of the -month with 200 horse; the Duke of Exeter delayed his coming till the -first week of February; and the Earl of Warwick, who had to come from -Calais, was detained by contrary winds. Thus, although the king had come -up to Westminster by the time prefixed, a full Council could not be had -for at least some days after; and even on the 14th of February there was -one absentee, the Earl of Arundel, who had to be written to by letters -of Privy Seal.[176-3] - - [Footnote 176-1: _Privy Council Proceedings_, vi. 293.] - - [Footnote 176-2: No. 361.] - - [Footnote 176-3: No. 364. _Privy Council Proceedings_, vi. 293.] - -[Sidenote: A Great Council in London.] But by the 14th Warwick had -arrived in London with a body of 600 men, 'all apparelled in red -jackets, with white ragged staves.'[176-4] The town was now full of the -retinues of the different noblemen, and the mayor and sheriffs trembled -for the peace of the city. A very special watch was instituted. 'The -mayor,' says Fabyan, 'for so long as the king and the lords lay thus in -the city, had daily in harness 5000 citizens, and rode daily about the -city and suburbs of the same, to see that the king's peace were kept; -and nightly he provided for 3000 men in harness to give attendance upon -three aldermen, and they to keep the night-watch till 7 of the clock -upon the morrow, till the day-watch were assembled.' If peace was to be -the result of all this concourse, the settlement evidently could not -bear to be protracted. The Duke of York and the Earls of Salisbury and -Warwick had taken up their quarters within the city itself; but the -young lords whose fathers had been slain at St. Albans--the Duke of -Somerset, the Earl of Northumberland and his brother, Lord Egremont, and -the Lord Clifford--were believed to be bent upon revenge, and the civic -authorities refused them entrance within their bounds.[177-1] Thus the -lords within the town and those without belonged to the two opposite -parties respectively; and in consequence of their mutual jealousies, -conferences had to be arranged between them in the morning at the Black -Friars, and in the afternoon at the White Friars, in Fleet -Street.[177-2] The king, for his part, having opened the proceedings -with some very earnest exhortations addressed to both parties, withdrew -himself and retired to Berkhampstead.[177-3] The Duke of Somerset and -others went to and fro to consult with him during the deliberations. -Meanwhile the necessity of some practical arrangement for government -must have been felt more urgent every day. Sixty sail of Frenchmen were -seen off the coast of Sussex; and though Lord Falconbridge was at -Southampton in command of some vessels (probably on his own -responsibility), there was a general feeling of insecurity among the -merchants and among dwellers by the sea-coast. Botoner had heard -privately from Calais that the French meditated a descent upon Norfolk -at Cromer and Blakeney.[177-4] And the news shortly afterwards received -from the district showed that his information was not far wrong.[177-5] - - [Footnote 176-4: _Chronicle_ in MS. Cott., Vitell. A. xvi.] - - [Footnote 177-1: _English Chronicle_ (ed. Davies), p. 77. Hall.] - - [Footnote 177-2: Letter 366.] - - [Footnote 177-3: Whethamstede, 417-18. Letter 365.] - - [Footnote 177-4: Letter 365.] - - [Footnote 177-5: Letter 366.] - -[Sidenote: Terms of agreement.] At last it was agreed on both sides that -old animosities should be laid aside, and that some reparation should be -made by the Yorkists to the sons and widows of the lords who had fallen -on the king's side at St. Albans. The exact amount of this reparation -was left to the award of Henry, who decided that it should consist of an -endowment of £45 a year to the Monastery of St. Albans, to be employed -in masses for the slain, and of certain money payments, or assignments -out of moneys due to them by the Crown, to be made by York, Warwick, and -Salisbury, to Eleanor, Duchess Dowager of Somerset and to her son, Duke -Henry, to Lord Clifford, and others, in lieu of all claims and actions -which the latter parties might have against the former.[178-1] With what -cordiality this arrangement was accepted on either side we do not -presume to say. Historians universally speak of it as a hollow concord, -unreal from the first. But it at least preserved the kingdom in -something like peace for about a twelvemonth. It was celebrated by a -great procession to St. Paul's on Lady Day, which must have been an -imposing spectacle. The king marched in royal habit with the crown upon -his head, York and the queen followed, arm in arm, and the principal -rivals led the way, walking hand in hand.[178-2] - - [Footnote 178-1: Whethamstede, 422 _sq._ _Engl. Chron._ (Davies), - 77, 78.] - - [Footnote 178-2: Hall.] - -[Sidenote: A sea fight.] The keeping of the sea was now intrusted to the -Earl of Warwick, and it was not long before he distinguished himself by -an action which probably relieved the English coasts for some time from -any immediate danger of being attacked by the enemy. On the morning of -Trinity Sunday word was brought to him at Calais of a fleet of 28 -Spaniards, of which 16 were described as 'great ships of forecastle.' -Immediately he manned such vessels as he had in readiness, and went out -to seek the enemy. The force at his command was only five ships of -forecastle, three carvels, and four pinnaces; but with these he did not -hesitate to come to an engagement. At four o'clock on Monday morning the -battle began, and it continued till ten, when the English obtained a -hard-won victory. 'As men say,' wrote one of the combatants, 'there was -not so great a battle upon the sea this forty winter; and forsooth, we -were well and truly beat.' Nevertheless, six of the enemy's ships were -taken, and the rest were put to flight, not without very considerable -slaughter on either side.[178-3] - - [Footnote 178-3: Letter 369. Compare Fabyan. Whethamstede, who - writes with some confusion in this part of his narrative, speaks - of a great naval victory won by Warwick on St. Alban's Day, the - 22nd June 1459, over a fleet of Genoese and Spanish vessels, in - which booty was taken to the value of £10,000, and upwards of a - thousand prisoners, for whom it was difficult to find room in all - the prisons of Calais. It is not impossible that this may have - been a different action, which took place on the very day, month, - and year to which Whethamstede refers it; but the silence of other - authorities about a second naval victory would lead us to suppose - he is simply wrong in the matter of date. It must be observed that - Whethamstede immediately goes on to speak of the Legate Coppini's - arrival in England, which took place in June 1460, as having - happened _circa idem tempus_, and as if it had been in the same - month of June, only a few days earlier. This shows great - inaccuracy.] - -[Sidenote: A.D. 1459.] In the year following, the fire that had for some -time smouldered, burst once more into a flame. About Candlemas, -according to Fabyan--but an older authority says specifically on the 9th -November preceding[179-1]--a fray occurred between one of the king's -servants and one of the Earl of Warwick's, as the earl, who had been -attending the Council at Westminster, was proceeding to his barge. The -king's servant being wounded, the other made his escape; but a host of -retainers attached to the royal household rushed out upon the earl and -his attendants, and wounded several of them before they could embark. -With hard rowing they got beyond the power of their assailants and made -their way into the city; but the queen and her friends insisted on -imputing the outrage to the earl himself, and demanded his arrest. The -earl found it politic to retire to Warwick, and afterwards to his former -post at Calais. On this the queen and her council turned their -machinations against his father, the Earl of Salisbury, whom Lord Audley -was commissioned to arrest and bring prisoner to London. Audley -accordingly took with him a large body of men, and hearing that the earl -was on his way from Middleham in Yorkshire, journeying either towards -Salisbury or London, he hastened to intercept him. [Sidenote: Civil war -renewed.] The earl, however, had received notice of what was intended, -and having gathered about him a sufficient band of followers, defeated -Lord Audley in a regular pitched battle at Bloreheath in Staffordshire, -where he attempted to stop his way, on Sunday the 23rd of -September.[179-2] - - [Footnote 179-1: _Engl. Chron._ (Davies), 78.] - - [Footnote 179-2: Fabyan, _Engl. Chron._ (Davies), 80. _Parl. - Rolls_, v. 348.] - -The old elements of confusion were now again let loose. Commissions to -raise men were issued in the king's name, and the Duke of York and all -his friends were denounced as a confederacy of traitors. They, for their -parts, gathered together the men of the Marches in self-defence. At -Ludlow, the duke was joined by the Earl of Salisbury, and also by the -Earl of Warwick, who had come over again from Calais. [Sidenote: The -king takes the field.] On the other hand, the king himself entered into -the strife in a way he had not done hitherto. He not only took the field -in person against the rebellious lords, but exhibited a spirit in the -endurance of fatigue and discomfort which seems to have commanded -general admiration. Even at the time of Lord Audley's overthrow, it -would appear that he was leading forward a reserve. For about a month he -kept continually camping out, never resting at night, except on Sundays, -in the same place he had occupied the night before, and sometimes, in -spite of cold, rough weather, bivouacking for two nights successively on -the bare field. After the battle of Bloreheath, he could only regard -Salisbury as an overt enemy of his crown. At the same time he despatched -heralds to the Duke of York and the Earl of Warwick, with proclamations -of free and perfect pardon to themselves and all but a few of the -leaders at Bloreheath, on condition of their submitting to him within -six days.[180-1] - - [Footnote 180-1: _Rolls of Parl._ vi. 348.] - -To Garter King of Arms, one of the messengers by whom these offers were -conveyed, the confederate lords made answer, and also delivered a -written reply to be conveyed to the king, declaring the perfect loyalty -of their intentions, which they would have been glad to prove in the -king's presence if it had been only possible for them to go to him with -safety. They had already endeavoured to testify their unshaken fidelity -to Henry by an indenture drawn up and signed by them in Worcester -Cathedral. This instrument they had forwarded to the king by a -deputation of churchmen, headed by the prior of that cathedral, and -including among others Dr. William Lynwoode,[180-2] who administered to -them the sacrament on the occasion. Again, after Garter left, they wrote -from Ludlow on the 10th of October, protesting that their actions had -been misconstrued, and their tenants subjected to wrong and violence, -while they themselves lay under unjust suspicion. Their enemies, they -said, thirsted for the possession of their lands, and hoped to obtain -them by their influence with the king. For their own part they had -hitherto avoided a conflict, not from any fear of the power of their -enemies, but only for dread of God and of his Highness, and they meant -to persevere in this peaceful course, until driven by necessity to -self-defence.[181-1] - - [Footnote 180-2: Not, as Stow supposes, the author of the book on - the Constitutions of the Church of England, but probably a nephew - or other relation of his. The William Lynwoode who wrote upon the - Church Constitutions was Bishop of St. David's, and died in 1446.] - - [Footnote 181-1: _Engl. Chron._ (Davies), 81, 82.] - -These earnest, solemn, and repeated expressions of loyalty have -scarcely, I think, received from historians the attention to which they -are entitled.[181-2] Of their sincerity, of course, men may form -different opinions; but it is right to note that the confederate lords -had done all that was in their power by three several and distinct -protests to induce the king to think more favourably of their -intentions. It is, moreover, to be observed that they remained at this -time in an attitude strictly defensive. But the king and his forces -still approaching, they drew themselves up in battle array at Ludford, -in the immediate vicinity of the town of Ludlow. Here, as they were -posted on Friday the 12th October, it would almost seem that the lords -were not without apprehension of the defection of some of their -followers. A report was spread through the camp that the king was -suddenly deceased, witnesses were brought in who swore to the fact, and -mass was said for the repose of his soul. But that very evening, Henry, -at the head of his army, arrived within half a mile of their position. -The state of the country, flooded by recent rains, had alone prevented -him from coming upon them sooner. Before nightfall a few volleys of -artillery were discharged against the royal army, and a regular -engagement was expected next day. But, meanwhile, the royal proclamation -of pardon seems to have had its effect. One Andrew Trollope, who had -come over with the Earl of Warwick from Calais, withdrew at dead of -night and carried over a considerable body of men to the service of the -king, to whom he communicated the secrets of the camp. The blow was -absolutely fatal. [Sidenote: The Yorkists disperse.] The lords at once -abandoned all thought of further resistance. Leaving their banners in -the field, they withdrew at midnight. York and his second son, Edmund, -Earl of Rutland, fled into Wales, from whence they sailed into Ireland. -His eldest, Edward, Earl of March, accompanied by the two other earls, -Warwick and Salisbury, and by Sir John Wenlock, made his way into -Devonshire. There by the friendly aid of one John Dynham, afterwards -Lord Dynham, and Lord High Treasurer to Henry VII., they bought a ship -at Exmouth and sailed to Guernsey. At last, on Friday the 2nd of -November, they landed at Calais, where they met with a most cordial -reception from the inhabitants.[182-1] - - [Footnote 181-2: The Act of Attainder against the Yorkists most - untruly says, 'they took no consideration' of Garter's message. - See _Rolls of Parliament_ above cited.] - - [Footnote 182-1: _Rolls of Parl._ vi. 348-9. Whethamstede, - 459-62; Fabyan.] - - [[a most cordial reception from the inhabitants.[182-1] - _footnote tag missing: supplied from 1st edition_] - -[Sidenote: They are attainted.] Then followed in November the Parliament -of Coventry, and the attainder of the Duke of York and all his party. -The queen and her friends at last had it all their own way, at least in -England. It was otherwise doubtless in Ireland, where the Duke of York -remained for nearly a twelvemonth after his flight from Ludlow. It was -otherwise too at Calais, where Warwick was all-powerful, and whither -discontented Yorkists began to flock from England. It was otherwise, -moreover, at sea, where the same Warwick still retained the command of -the fleet, and could not be dispossessed, except on parchment. On -parchment, however, he was presently superseded in both of his important -offices. The Duke of Exeter was intrusted with the keeping of the sea, -which even at the time of the great reconciliation of parties he had -been displeased that Warwick was allowed to retain.[182-2] The young -Duke of Somerset was appointed Captain of Calais, but was unable to take -possession of his post. Accompanied by Lord Roos and Lord Audley, and -fortified by the king's letters-patent, he crossed the sea, but was -refused admittance into the town. Apparently he had put off too long -before going over,[183-1] and he found the three earls in possession of -the place before him; so that he was obliged to land at a place called -Scales' Cliff and go to Guisnes.[183-2] But a worse humiliation still -awaited him on landing; for of the very sailors that had brought him -over, a number conveyed their ships into Calais harbour, offered their -services to the Earl of Warwick, and placed in his hands as prisoners -certain persons who had taken part against him. They were shortly after -beheaded in Calais.[183-3] - - [Footnote 182-2: W. Worc., 479.] - - [Footnote 183-1: He received his appointment on the 9th October, - three days before the dispersion of the Yorkists at Ludlow (Rymer, - xi. 436), and, according to one authority (_Engl. Chron._, ed. - Davies, 84), he went over in the same month; but as all agree that - Warwick was there before him, it was more probably in the - beginning of November.] - - [Footnote 183-2: _Chronicle_ in MS. Cott., Vitell. A. xvi.] - - [Footnote 183-3: Fabyan.] - -It would seem, in short, that ever since his great naval victory in -1458, Warwick was so highly popular with all the sailors of England, -that it was quite as hopeless for the Duke of Exeter to contest his -supremacy at sea as for Somerset to think of winning Calais out of his -hands. Friends still came flocking over from England to join the three -earls at Calais; [Sidenote: A.D. 1460.] and though in London in the -February following nine men were hanged, drawn, and beheaded for -attempting to do so,[183-4] the cause of the Yorkists remained as -popular as ever. In vain were letters written to foreign parts, 'that no -relief be ministered to the traitor who kept Calais.'[183-5] In vain the -Duke of Somerset at Guisnes endeavoured to contest his right to the -government of that important town. All that Somerset could do was to -waste his strength in fruitless skirmishes, until on St. George's Day he -suffered such a severe defeat and loss of men at Newnham Bridge, that he -was at length forced to abandon all idea of dispossessing the Earl of -Warwick.[183-6] - - [Footnote 183-4: W. Worc., 478; _Three Fifteenth Century - Chronicles_, 73. One of them was named Roger Nevile, a lawyer of - the Temple, and probably a relation of the Earl of Warwick.] - - [Footnote 183-5: Speed.] - - [Footnote 183-6: W. Worc.] - -Not only were the three earls secure in their position at Calais, but -there was every reason to believe that they had a large amount of -sympathy in Kent, and would meet with a very cordial reception whenever -they crossed the sea. To avert the danger of any such attempt, and also, -it would appear, with some design of reinforcing the Duke of Somerset at -Guisnes, Lord Rivers and his son Sir Anthony Wydevile were sent to -Sandwich about the beginning of the year, with a body of 400 men. -Besides the command of the town, they were commissioned to take -possession of certain ships which belonged to the Earl of Warwick, and -lay quietly at anchor in the harbour.[184-1] [Sidenote: Lord Rivers at -Sandwich.] But the issue of their exploit was such as to provoke -universal ridicule. 'As to tidings here,' wrote Botoner from London to -John Berney at Caister, 'I send some offhand, written to you and others, -how the Lord Rivers, Sir Anthony his son, and others _have won Calais_ -by a feeble assault at Sandwich made by John Denham, Esq., with the -number of 800 men, on Tuesday between four and five o'clock in the -morning.'[184-2] - - [Footnote 184-1: _Engl. Chron._ (Davies), 84, 85; _Three Fifteenth - Century Chronicles_, 72.] - - [Footnote 184-2: Letter 399.] - -The exact mode in which Rivers and his son 'won Calais' seems to have -been described in a separate paper. The truth was that a small force -under the command of John Denham (or Dynham) was despatched across the -sea by Warwick, and landing at Sandwich during the night, contrived not -only to seize the ships in the harbour, but even to surprise the earl -and his son in their beds, and bring them over as prisoners to the other -side of the Channel.[184-3] The victors did not fail to turn the -incident to account by exhibiting as much contempt as possible for their -unfortunate prisoners. 'My Lord Rivers,' writes William Paston, 'was -brought to Calais, and before the lords with eight score torches, and -there my lord of Salisbury rated him, calling him knave's son, that he -should be so rude to call him and those other lords traitors; for they -should be found the king's true liegemen when he should be found a -traitor. And my Lord of Warwick rated him and said that his father was -but a squire, and brought up with King Henry V., and since made himself -by marriage, and also made a lord; and that it was not his part to have -such language of lords, being of the king's blood. And my Lord of March -rated him in like wise. And Sir Anthony was rated for his language of -all the three lords in like wise.'[185-1] It must have been a curious -reflection to the Earl of March when in after years, as King Edward IV., -he married the daughter of this same Lord Rivers, that he had taken part -in this vituperation of his future father-in-law! - - [Footnote 184-3: W. Worc. _Engl. Chron._ (Davies), 85.] - - [Footnote 185-1: Letter 400.] - -By and by it became sufficiently evident that unless he was considerably -reinforced, the Duke of Somerset could do no good at Guisnes. Instead of -attempting to maintain a footing beside Calais, the queen's Government -would have enough to do to keep the rebels out of England. The capture -of Rivers had excited the most serious alarm, and the landing of Warwick -himself upon the eastern coast was looked upon as not improbable.[185-2] -A new force of 500 men was accordingly sent to Sandwich under the -command of one Osbert Mountford or Mundeford,[185-3] an old officer of -Calais. His instructions were to go from Sandwich to Guisnes, either in -aid of the Duke of Somerset, as intimated in Worcester's _Annals_, or, -according to another contemporary authority,[185-4] to bring him over to -England. But while he waited for a wind to sail, John Dynham again -crossed the sea, attacked the force under the command of Mundeford, and -after a little skirmishing, in which he himself was wounded, succeeded -in carrying him off to Calais, as he had before done Lord Rivers. -Mundeford's treatment, however, was not so lenient as that of the more -noble captive. On the 25th of June he was beheaded at the Tower of -Rysebank, which stood near the town, on the opposite side of the -harbour.[185-5] - - [Footnote 185-2: _See_ Appendix to Introduction.] - - [Footnote 185-3: The writer of Letter 378. He was a connection of - the Paston family, having married Elizabeth, daughter of John - Berney, Esq., another of whose daughters, Margaret, was the mother - of Margaret Paston (Blomefield, ii. 182). He had been much engaged - in the king's service in France, and had been treasurer of - Normandy before it was lost--a fact which may account for his - writing French in preference to English. _See_ Stevenson's _Wars - of the English in France_, index.] - - [Footnote 185-4: _Engl. Chron._ (Davies), 85.] - - [Footnote 185-5: W. Worc., 479; Fabyan; Stow, 406-7.] - -Meanwhile the Earl of Warwick did not remain at Calais. He scoured the -seas with his fleet and sailed into Ireland. Sir Baldwin Fulford, -a knight of Devonshire, promised the king, on pain of losing his head, -to destroy Warwick's fleet; but having exhausted the sum of 1000 marks -which was allowed him for his expenses, he returned home without having -attained his object.[186-1] On the 16th of March, Warwick having met -with the Duke of York in Ireland, the two noblemen entered the harbour -of Waterford with a fleet of six-and-twenty ships well manned; and on -the following day, being St. Patrick's Day, they landed and were -ceremoniously received by the mayor and burgesses.[186-2] Warwick seems -to have remained in Ireland more than two months, concerting with the -Duke of York plans for future action. About Whitsunday, which in this -year fell on the 1st of June, his fleet was observed by the Duke of -Exeter off the coast of Cornwall, on its return to Calais. Exeter's -squadron was superior in strength, and an engagement might have been -expected; but the duke was not sure that he could trust his own sailors, -and he allowed the earl to pass unmolested.[186-3] - - [Footnote 186-1: _English Chron._ (Davies), 85.] - - [Footnote 186-2: Lambeth MS. 632, f. 255.] - - [Footnote 186-3: _Chron._ (Davies), 85; W. Worc.] - - [[allowed the earl to pass unmolested.[186-3] - _footnote tag missing: supplied from 1st edition_]] - -[Sidenote: The Legate Coppini.] About this time there arrived at -Calais a papal nuncio, by name Francesco Coppini, Bishop of Terni, -returning from England to Rome. He had been sent by the new pope, Pius -II., the ablest that had for a long time filled the pontifical chair, -to urge Henry to send an ambassador to a congress at Mantua, in which -measures were to be concerted for the union and defence of Christendom -against the Turks. This was in the beginning of the preceding -year,[186-4] and, as he himself states, he remained nearly a year and -a half in England.[186-5] But the incapacity of the king, and the -dissensions that prevailed among the lords, rendered his mission a total -failure. Henry, indeed, who was never wanting in reverence for the Holy -See, named a certain number of bishops and lords to go upon this -mission, but they one and all refused. He accordingly sent two priests -of little name, with an informal commission to excuse a greater embassy. -England was thus discredited at the papal court, and the nuncio, finding -his mission fruitless, at last crossed the sea to return home. At -Calais, however, he was persuaded by Warwick to remain. The earl himself -was about to return to England, and if the legate would come back in his -company he might use the influence of his sacred office to heal the -wounds of a divided kingdom.[187-1] - - [Footnote 186-4: His commission from the Pope is dated 7th January - 1458[9]--Rymer, xi. 419.] - - [Footnote 186-5: Brown's _Venetian Calendar_, i. p. 91.] - - [Footnote 187-1: Gobellinus, 161.] - -The nuncio had doubtless seen enough of the deplorable condition of -England to be convinced that peace was impossible, so long as the lords -most fit to govern were banished and proclaimed rebels by the queen and -her favourites.[187-2] He was, moreover, furnished with powers, by -which--the main object of his mission being the union of Christendom--he -was authorised to make some efforts to compose the dissensions of -England.[187-3] But he certainly overstrained them, and allowed himself -to become a partisan. Flattered by the attentions shown him by Warwick, -he acceded to his suggestion, and when, on the 26th of June,[187-4] the -day after Mundeford was beheaded at Calais, the confederate lords -crossed the Channel, the nuncio was in their company, bearing the -standard of the Church. Archbishop Bourchier, too, met them at Sandwich, -where they landed, with a great multitude of people; and with his cross -borne before him, the Primate of England conducted the three earls and -their followers, who increased in number as they went along, until they -reached the capital. After a very brief opposition on the part of some -of the citizens, the city opened its gates to them. They entered London -on the 2nd of July.[187-5] - - [Footnote 187-2: The Yorkists apparently were not sparing of - insinuations against the queen. It had been rumoured, according to - Fabyan, that the Prince of Wales was not really the king's son; - but the worst that was insinuated was that he was a changeling. - But Warwick himself, according to Gobellinus, described the - situation to the nuncio as follows:--'Rex noster stupidus est, et - mente captus; regitur, non regit; apud uxorem et qui regis - thalamum foedant, imperium est.'] - - [Footnote 187-3: _See_ the Pope's letter to him in Theiner, - 423-4.] - - [Footnote 187-4: 'The lords crossed the sea on Thursday,' writes - Coppini from London on the 4th July.--Brown's _Venetian Calendar_, - i. 90.] - - [Footnote 187-5: _Engl. Chron._ (Davies), 94.] - -[Sidenote: The Earls of March, Warwick, and Salisbury.] Before they -crossed the sea, the three earls had sent over a set of articles -addressed to the archbishop and the commons of England in the name of -themselves and the Duke of York, declaring how they had sued in vain to -be admitted to the king's presence to set forth certain matters that -concerned the common weal of all the land. Foremost among these was the -oppression of the Church, a charge based, seemingly, on facts with which -we are unacquainted, and which, if known, might shed a clearer light -upon the conduct of the legate and Archbishop Bourchier. Secondly, they -complained of the crying evil that the king had given away to favourites -all the revenues of his crown, so that his household was supported by -acts of rapine and extortion on the part of his purveyors. Thirdly, the -laws were administered with great partiality, and justice was not to be -obtained. Grievous taxes, moreover, were levied upon the commons, while -the destroyers of the land were living upon the patrimony of the crown. -And now a heavier charge than ever was imposed upon the inhabitants; for -the king, borrowing an idea from the new system of military service in -France, had commanded every township to furnish at its own cost a -certain number of men for the royal army; 'which imposition and -talliage,' wrote the lords in this manifesto, 'if it be continued to -their heirs and successors, will be the heaviest charge and worst -example that ever grew in England, and the foresaid subjects and the -said heirs and successors in such bondage as their ancestors were never -charged with.'[188-1] - - [Footnote 188-1: It appears by Letter 377 that privy seals were - issued in 1459 addressed on the back to certain persons, requiring - them to be with the king at Leicester on the 10th of May, each - with a body of men sufficiently armed, and with provision for - their own expenses for two months. One of these privy seals, - signed by the king himself, was addressed specially to John - Paston's eldest son, John, who at this time could not have been - more than nineteen years of age. On its arrival, his mother - consulted with neighbours whether it was indispensable to obey - such an injunction, and on their opinion that it was, wrote to her - husband for instructions.] - -Besides these evils, the infatuated policy into which the king had been -led by his ill-advisers, threatened to lose Ireland and Calais to the -crown, as France had been lost already; for in the former country -letters had been sent under the Privy Seal to the chieftains who had -hitherto resisted the king's authority, actually encouraging them to -attempt the conquest of the land, while in regard to Calais the king had -been induced to write letters to his enemies not to show that town any -favour, and thus had given them the greatest possible inducement to -attempt its capture. Meanwhile the Earls of Shrewsbury and Wiltshire and -Viscount Beaumont, who directed everything, kept the king himself, in -some things, from the exercise of his own free will, and had caused him -to assemble the Parliament of Coventry for the express purpose of -ruining the Duke of York and his friends, whose domains they had -everywhere pillaged and taken to their own use.[189-1] - - [Footnote 189-1: The articles will be found in Holinshed, iii. - 652-3; and in Davies's _Chronicle_, 86-90.] - -It was impossible, in the nature of things, that evils such as these -could be allowed to continue long, and the day of reckoning was now at -hand. Of the great events that followed, it will be sufficient here to -note the sequence in the briefest possible words. [Sidenote: The battle -of Northampton.] On the 10th July the king was taken prisoner at the -battle of Northampton, and was brought to London by the confederate -lords. The government, of course, came thus entirely into their hands. -Young George Nevill, Bishop of Exeter, was made Chancellor of England, -Lord Bourchier was appointed Lord Treasurer, and a Parliament was -summoned to meet at Westminster for the purpose of reversing the -attainders passed in the Parliament of Coventry. Of the elections for -this Parliament we have some interesting notices in Letter 415, from -which we may see how the new turn in affairs had affected the politics -of the county of Norfolk. From the first it was feared that after the -three earls had got the king into their hands, the old intriguers, -Tuddenham and Heydon, would be busy to secure favour, or at all events -indulgence, from the party now in the ascendant. But letters-missive -were obtained from the three earls, directed to all mayors and other -officers in Norfolk, commanding in the king's name that no one should do -them injury, and intimating that the earls did not mean to show them any -favour if any person proposed to sue them at law.[189-2] Heydon, -however, did not choose to remain in Norfolk. He was presently heard of -from Berkshire, for which county he had found interest to get himself -returned in the new Parliament. - - [Footnote 189-2: No. 410.] - -[Sidenote: John Paston in Parliament.] John Paston also was returned to -this Parliament as one of the representatives of his own county of -Norfolk. His sympathies were entirely with the new state of things. And -his friend and correspondent, Friar Brackley, who felt with him that the -wellbeing of the whole land depended entirely on the Earl of Warwick, -sent him exhortations out of Scripture to encourage him in the -performance of his political duties.[190-1] But what would be the effect -of the coming over from Ireland of the Duke of York, who had by this -time landed at Chester, and would now take the chief direction of -affairs?[190-2] Perhaps the chief fear was that he would be too -indulgent to political antagonists. Moreover, the Dowager Duchess of -Suffolk had contrived to marry her son to one of York's daughters, and -it was apprehended her influence would be considerable. 'The Lady of -Suffolk,' wrote Friar Brackley to Paston, 'hath sent up her son and his -wife to my Lord of York to ask grace for a sheriff the next year, -Stapleton, Boleyn, or Tyrell, _qui absit!_ God send you Poynings, W. -Paston, W. Rokewood, or Arblaster. Ye have much to do, Jesus speed you! -Ye have many good prayers, what of the convent, city, and -country.'[190-3] - - [Footnote 190-1: Letter 415.] - - [Footnote 190-2: Letter 419.] - - [Footnote 190-3: Letter 415.] - -Such was the state of hope, fear, and expectation which the new turn of -affairs awakened in some, and particularly in the friends of John -Paston. The next great move in the political game perhaps exceeded the -anticipations even of Friar Brackley. [Sidenote: York challenges the -Crown.] Yet though the step was undoubtedly a bold one, never, perhaps, -was a high course of action more strongly suggested by the results of -past experience. After ten miserable years of fluctuating policy, the -attainted Yorkists were now for the fourth time in possession of power; -but who could tell that they would not be a fourth time set aside and -proclaimed as traitors? For yet a fourth time since the fall of Suffolk, -England might be subjected to the odious rule of favourites under a -well-intentioned king, whose word was not to be relied on. To the -commonweal the prospect was serious enough; to the Duke of York and his -friends it was absolute and hopeless ruin. But York had now determined -what to do. On the 10th of October, the third day of the Parliament, he -came to Westminster with a body of 500 armed men, and took up quarters -for himself within the royal palace. On the 16th he entered the House of -Lords, and having sat down in the king's throne, he delivered to the -Lord Chancellor a writing in which he distinctly claimed that he, and -not Henry, was by inheritance rightful king of England.[191-1] - - [Footnote 191-1: W. Worc., 483; Fabyan; _Rolls of Parl._ v. 375.] - -The reader is of course aware of the fact on which this claim was based, -namely, that York, through the female line, was descended from Lionel, -Duke of Clarence, third son of Edward III., while King Henry, his -father, and his grandfather had all derived their rights from John of -Gaunt, who was Lionel's younger brother. Henry IV. indeed was an -undoubted usurper; but to set aside his family after they had been in -possession of the throne for three generations must have seemed a very -questionable proceeding. Very few of the lords at first appeared to -regard it with favour. The greater number stayed away from the -House.[191-2] But the duke's counsel insisting upon an answer, the House -represented the matter to the king, desiring to know what he could -allege in opposition to the claim of York. The king, however, left the -lords to inquire into it themselves; and as it was one of the gravest -questions of law, the lords consulted the justices. But the justices -declined the responsibility of advising in a matter of so high a nature. -They were the king's justices, and could not be of counsel where the -king himself was a party. The king's serjeants and attorney were then -applied to, but were equally unwilling to commit themselves; so that the -lords themselves brought forward and discussed of their own accord a -number of objections to the Duke of York's claim. At length it was -declared as the opinion of the whole body of the peers that his title -could not be defeated, but a compromise was suggested and mutually -agreed to that the king should be allowed to retain his crown for life, -the succession reverting to the duke and his heirs immediately after -Henry's death.[191-3] - - [Footnote 191-2: W. Worc., 484.] - - [Footnote 191-3: _Rolls of Parl._ v. 375-9.] - -So the matter was settled by a great and solemn act of state. But even a -parliamentary settlement, produced by a display of armed force, will -scarcely command the respect that it ought to do if there is armed force -to overthrow it. The king himself, it is true, appears to have been -treated with respect, and with no more abridgment of personal liberty -than was natural to the situation.[192-1] Nor could it be said that the -peers were insensible of the responsibility they incurred in a grave -constitutional crisis. But respect for constitutional safeguards had -been severely shaken, and no securities now could bridle the spirit of -faction: suspicion also of itself produced new dangers. The Duke of -York, after all the willingness he had shown in Parliament to accept a -compromise, seems to have been accused of violating the settlement as -soon as it was made; for on that very night on which it was arranged -(31st October), we are told by a contemporary writer that 'the king -removed unto London against his will to the bishop's palace, and the -Duke of York came unto him that same night by torchlight and took upon -him as king, and said in many places that "This is ours by -right."'[192-2] Perhaps the facts looked worse than they were really; -for it had been agreed in Parliament, though not formally expressed in -the Accord, that the duke should be once more Protector and have the -actual government.[192-3] But it is not surprising that Margaret and her -friends would recognise nothing of what had been done in Parliament. -Since the battle of Northampton she had been separated from her husband. -She fled with her son first into Cheshire, afterwards into Wales, to -Harlech Castle, and then to Denbigh, which Jasper Tudor, Earl of -Pembroke, had just won for the House of Lancaster.[192-4] Her flight had -been attended with difficulties, especially near Malpas, where she was -robbed by a servant of her own, who met her and put her in fear of the -lives of herself and her child.[192-5] In Wales she was joined by the -Duke of Exeter, who was with her in October.[192-6] From thence she -sailed to Scotland, where the enemies of the Duke of York were specially -welcome. For James II., profiting, as might be expected, by the -dissensions of England, a month after the battle of Northampton, had -laid siege to Roxburgh, where he was killed by the bursting of a cannon. -Margaret, with her son, arrived at Dumfries in January 1461, and met his -widow, Mary of Gueldres, at Lincluden Abbey.[193-1] Meanwhile her -adherents in the North of England held a council at York, and the Earl -of Northumberland, with Lords Clifford, Dacres, and Nevill, ravaged the -lands of the duke and of the Earl of Salisbury. The duke on this -dissolved Parliament after obtaining from it powers to put down the -rebellion,[193-2] and marched northwards with the Earl of Salisbury. A -few days before Christmas they reached the duke's castle of Sandal, -where they kept the festival, the enemy being not far off at -Pomfret.[193-3] On the 30th December was fought the disastrous battle of -Wakefield, [Sidenote: The battle of Wakefield.] when the Yorkists were -defeated, the duke and the Earl of Salisbury being slain in the field, -and the duke's son, the Earl of Rutland, ruthlessly murdered by Lord -Clifford after the battle. - - [Footnote 192-1: Though he was taken prisoner at the battle of - Northampton, and had ever since been in the power of the victors, - he does not appear to have been placed under any kind of - restraint. In October, before the Parliament met, he was spending - the time in hunting at Greenwich and Eltham.--No. 419.] - - [Footnote 192-2: _Collections of a London Citizen_, 208 (Camden - Society).] - - [Footnote 192-3: _English Chronicle_ (Davies), 106; Fabyan; Hall, - 249.] - - [Footnote 192-4: _Privy Council Proceedings_, vi. 303.] - - [Footnote 192-5: _Collections of a London Citizen_, 209.] - - [Footnote 192-6: No. 419.] - - [Footnote 193-1: _Auchinleck Chronicle_, 21. _Exchequer Rolls of - Scotland_, vii. 8, 39, 157.] - - [Footnote 193-2: _Rolls of Parl._ v. 382.] - - [Footnote 193-3: W. Worc., 484.] - -The story of poor young Rutland's butchery is graphically described by -an historian of the succeeding age who, though perhaps with some -inaccuracies of detail as to fact, is a witness to the strong impression -left by this beginning of barbarities. The account of it given by Hall, -the chronicler, is as follows:-- - - 'While this battle was in fighting, a priest called Sir Robert - Aspall, chaplain and schoolmaster to the young Earl of Rutland, - second son to the above-named Duke of York, scarce of the age of - twelve years [he was really in his eighteenth year], a fair - gentleman and a maiden-like person, perceiving that flight was more - safeguard than tarrying, both for him and his master, secretly - conveyed the Earl out of the field by the Lord Clifford's band - towards the town. But or he could enter into a house, he was by the - said Lord Clifford espied, followed, and taken, and, by reason of - his apparel, demanded what he was. The young gentleman, dismayed, - had not a word to speak, but kneeled on his knees, imploring mercy - and desiring grace, both with holding up his hands and making - dolorous countenance, for his speech was gone for fear. "Save him," - said his chaplain, "for he is a prince's son, and peradventure may - do you good hereafter." With that word, the Lord Clifford marked him - and said--"By God's blood, thy father slew mine; and so will I do - thee and all thy kin"; and with that word stack the Earl to the - heart with his dagger, and bade his chaplain bear the Earl's mother - word what he had done and said.' - -Another illustration which the chronicler goes on to give of Clifford's -bloodthirsty spirit may be true in fact, but is certainly wrong as -regards time. For he represents Queen Margaret as 'not far from the -field' when the battle had been fought, and says that Clifford having -caused the duke's head to be cut off and crowned in derision with a -paper crown, presented the ghastly object to her upon a pole with the -words:--'Madam, your war is done; here is your king's ransom.' Margaret, -as we have seen, was really in Scotland at the time, where she -negotiated an alliance with the Scots, to whom she agreed to deliver up -Berwick for aid to her husband's cause. But soon afterwards she came to -York, where, at a council of war, she and her adherents determined to -march on London. So it may have been a fact that Clifford presented to -her the head of York upon a pole with the words recorded. But never was -prophecy more unhappy; for instead of the war being ended, or the king -being ransomed, there cannot be a doubt these deeds of wickedness -imparted a new ferocity to the strife and hastened on the termination of -Henry's imbecile, unhappy reign. Within little more than two months -after the battle of Wakefield the son of the murdered Duke of York was -proclaimed king in London, by the title of Edward IV., and at the end of -the third month the bloody victory of Towton almost destroyed, for a -long time, the hopes of the House of Lancaster. From that day Henry led -a wretched existence, now as an exile, now as a prisoner, for eleven -unhappy years, saving only a few months' interval, during which he was -made king again by the Earl of Warwick, without the reality of power, -and finally fell a victim, as was generally believed, to political -assassination. As for Margaret, she survived her husband, but she also -survived her son, and the cause for which she had fought with so much -pertinacity was lost to her for ever. - -And now we must halt in our political survey. Henceforth, though public -affairs must still require attention, we shall scarcely require to -follow them with quite so great minuteness. We here take leave, for the -most part, of matters, both public and private, contained in the Letters -during the reign of Henry VI. But one event which affected greatly the -domestic history of the Pastons in the succeeding reign, must be -mentioned before we go further. It was not long after the commencement -of those later troubles--more precisely, it was on the 5th November -1459, six weeks after the battle of Bloreheath, and little more than -three after the dispersion of the Yorkists at Ludlow--that the aged Sir -John Fastolf breathed his last, within the walls of that castle which it -had been his pride to rear and to occupy in the place of his birth. -[Sidenote: Death of Sir John Fastolf.] By his will, of which, as will be -seen, no less than three different instruments were drawn up, he -bequeathed to John Paston and his chaplain, Sir Thomas Howes, all his -lands in the counties of Norfolk and Suffolk, for the purpose of -founding that college or religious community at Caister, on the erection -of which he had bestowed latterly so much thought. The manner in which -this bequest affected the fortunes of the Paston family has now to be -considered. - - -_Fastolf's Lands_ - -Under the feudal system, as is well known, on the death of any tenant -_in capite_ of the crown, his lands were seized in the king's name by an -officer called the escheator, until it was ascertained by a jury of the -county who was the next heir that should succeed to the property, and -whether the king had any right of wardship by reason of his being under -age. [Sidenote: A.D. 1459.] But when Sir John Fastolf died, he left no -heir, nor was he, strictly speaking, at his death a tenant _in capite_ -of the crown. [Sidenote: The lands of Sir John Fastolf.] He had at -different times handed over all his landed property to trustees, who -were to hold it to his use so long as he lived, and to apply it after -his death to the purposes mentioned in his will. For the greater part of -his lands in the counties of Norfolk, Suffolk, Essex, and Surrey, he had -appointed one body of trustees as early as the year 1449, ten years -before his death.[196-1] This body consisted of five bishops, including -the two primates, three lords, two justices of the King's Bench, two -knights, and ten other persons. But of these original trustees a good -number were already dead, when, in the year 1457, a new trust was -created, and the greater part of the Norfolk and Suffolk property was -vested in the names of Thomas Bourchier, Archbishop of Canterbury, -William Waynflete, Bishop of Winchester, William Yelverton, Justice of -the King's Bench, John Paston, Esq., Henry Fylongley, Esq., Thomas -Howes, clerk, and William Paston. In the preceding year he had already -created these same persons, with the addition of William Jenney, his -trustees for the manor of Titchwell, in Norfolk, and the same again, -with Jenney, but without Bishop Waynflete, for the manor of Beighton. -The trust-deed for the former manor was dated 1st April 34 Henry VI., -and that for the latter 26th March 34 Henry VI.[196-2] - - [Footnote 196-1: The deed is dated 7 July 27 Hen. VI., and - inrolled on the _Close Roll_, 29 Hen. VI. m., 39, _in dorso_.] - - [Footnote 196-2: _Inquisition post mortem_, 38 and 39 Henry VI., - No. 48.] - -Thus it appears that as early as the month of March 1456, about a year -and a half after Sir John Fastolf had taken up his abode in Norfolk, -John Paston and his brother William were already named by him as -trustees for some of his property. [Sidenote: John and William Paston, -trustees.] From that time the influence of John Paston with the old -knight continued to increase till, as it was evident that the latter -drew near his end, it became a subject of jealousy and suspicion. Of -course, these feelings were not diminished when it was found after -Fastolf's death that, subject only to the obligation of founding his -college at Caister, and paying 4000 marks to his other executors, he had -in effect bequeathed to John Paston the whole of his lands in the -counties of Norfolk and Suffolk. Yet it does not appear that in -Fastolf's latter days John Paston was about him more than usual. He was -just as frequently away in London as he had been in any previous -year.[197-1] But even when absent, he had a very staunch and hearty -friend in Friar Brackley, who frequently visited the sick chamber, and -took every opportunity to preserve and augment the high esteem that -Fastolf entertained for him. At the last Brackley wrote to urge him to -come down to Norfolk, as the patient evidently could not live much -longer. 'It is high time; he draweth fast homeward, and is right low -brought, and sore weakened and feebled.' Paston must bring with him a -draft petition to the king about the foundation of the college at -Caister, and an arrangement with the monks of St. Benet's, for the dying -man's satisfaction. 'Every day this five days he saith, "God send me -soon my good cousin Paston, for I hold him a faithful man, and ever one -man." _Cui ego_: "That is sooth," &c. _Et ille_: "Show me not the meat, -show me the man."' Such is the curious report written by Dr. Brackley to -Paston himself of the anxiety with which the old knight expected him -shortly before his death.[197-2] - - [Footnote 197-1: _See_ Nos. 376, 377, 379, 380, 383.] - - [Footnote 197-2: No. 383.] - -[Sidenote: William Worcester.] On the other hand, William Worcester, who -had so long acted as Fastolf's private secretary, was perhaps a little -jealous at the closer intimacy and greater influence of Paston with his -master. At least, if this was not his feeling before Sir John Fastolf's -death, he expressed it plainly shortly afterwards. It was, he -considered, owing to himself that John Paston had stood so high in -Fastolf's favour;[197-3] and it seemed scarcely reasonable that Paston -should have the principal share in the administration of the property -while he, who had been so long in Fastolf's service, so devoted to his -interests, and yet so ill rewarded during his master's life, found no -kind of provision made for him in the will. It was, indeed, perfectly -true that Fastolf had named him one of his executors. But this -executorship, as it turned out, was not a thing likely to yield him -either profit or importance. For by the last will, made immediately -before the testator's death, a body of ten executors was constituted, of -whom two were to have the sole and absolute administration, the others -having nothing whatever to do except when those two thought fit to ask -for their advice. The two acting executors were to be John Paston and -Thomas Howes. William Worcester was one of the other eight.[198-1] - - [Footnote 197-3: No. 401.] - - [Footnote 198-1: No. 387.] - -Yet, at first, he refrained from expressing dissatisfaction, and showed -himself ready to co-operate with John Paston. Within a week after -Fastolf's death, he accompanied William Paston up to London, and joined -him in an interview with Bishop Waynflete, at that time Lord Chancellor, -who was one of the other executors. In accordance with Bishop -Waynflete's advice, he and William Paston proceeded to collect and -sequester the goods of the deceased in different parts of London until -the time that John Paston could have an interview with the bishop. They -managed to have goods out of the Abbey of Bermondsey that no one knew -about, except William Paston and Worcester themselves, and another man -named Plomer. In short, William Worcester acted at this time as a most -confidential and trusty friend to John Paston's interests, being either -entirely ignorant how little provision was made for his own, or trusting -to Paston's benevolence and sense of justice for that reward which was -not expressly 'nominated in the bond.' And William Paston felt his -claims so strongly that he could not help insinuating to his brother -that he was bound in honour to make him a provision for life. 'I -understand by him,' wrote William Paston, 'he will never have other -master but his old master; and to my conceit it were pity but if he -should stand in such case by my master he should never need service, -considering how my master trusted him, and the long years that he hath -been with him in and many shrewd journeys for his sake.'[198-2] - - [Footnote 198-2: Nos. 391, 393.] - -But very shortly afterwards the manner in which Worcester spoke of -Paston revealed a bitter sense of disappointment and injustice. He -asserted that Fastolf had actually granted him a portion of land to live -upon, and that Sir Thomas Howes, Fastolf's confessor, who was his wife's -uncle, had been present in the chapel at Caister when this gift was -conceded. Worcester's wife had in fact asked Sir Thomas to choose the -land. Nevertheless, when he came to demand of Paston that to which he -considered he had a lawful claim, the latter was displeased with him; -nor did the two come to a good understanding again during Paston's -life.[199-1] - - [Footnote 199-1: No. 401. It appears by a document inrolled in the - _Close Roll_ of 39 Henry VI., m. 13, _in dorso_, that Worcester on - the 28th August 1460 executed a deed making over all his goods and - chattels (_bona mea et catalla mobilia et immobilia, viva et - mortua, ubicumque et in quorumcumque manibus_), and all debts due - to him from whatever persons, to Henry Everyngham, Esq., Hugh - Fenne, gentleman, Henry Wyndesore, gentleman, Robert Toppes, jun., - gentleman, and John Bokkyng, gentleman; which deed he acknowledged - in Chancery on the 1st September following (_see_ Appendix to this - Introduction). Apparently the object of this was to give others an - interest in vindicating what he supposed to be his rights.] - -It was but nine days after Sir John Fastolf's death, and three days -after his first interview with the chancellor, Bishop Waynflete, that -William Paston, in writing to his brother, expressed his intention of -going to the bishop again for writs of _diem clausit extremum_. These -writs were the ordinary authority under which the escheators of the -different counties wherein the deceased had held lands would proceed to -inquire what the manors were, and to whom they ought to descend. -[Sidenote: Claimants of Fastolf's property.] That many pretenders would -lay claim to the different portions of those rich domains, John Paston -and his brother knew full well. The Duke of Exeter had already set up a -claim to Fastolf's place in Southwark, on what grounds it is impossible -to say. Others, who had no hope of proving title to any part of the -property themselves, expected to win favour at court by offering to -establish the rights of the crown in all the goods and chattels. William -Paston accordingly endeavoured to secure the friendship of the Lord -Treasurer, James, Earl of Wiltshire and Ormond; but though the earl gave -him fair words, William Paston was advised to put no trust in -him.[199-2] In point of fact, soon after Christmas, the earl entered Sir -John's mansion in Southwark, and occupied it for a time as if it had -been his own dwelling-house.[199-3] - - [Footnote 199-2: No. 391.] - - [Footnote 199-3: W. Worcester's _Annals_.] - -The escheator of the counties of Norfolk and Suffolk was Richard -Southwell, a friend of John Paston's, and if the writs of _diem clausit -extremum_ had been issued at once, the latter doubtless hoped that the -rights of Fastolf's trustees would have been immediately acknowledged by -two different juries, the one in Norfolk and the other in Suffolk. But -the efforts of William Paston were not crowned with such speedy success -as he and his brother could have wished. Already, on the 10th November, -writs of _diem clausit extremum_ had issued without his applying for -them, but they were only for the counties of Surrey and Essex, in which -John Paston was not interested. Special commissions to the same effect -for the counties of Wilts and Yorkshire were procured from the king at -Coventry eighteen days later. [Sidenote: A.D. 1460.] But for Norfolk and -Suffolk the writs were not issued till the 13th May in the following -year.[200-1] The delay was most probably owing to representations on the -part of Paston's enemies; and to the same cause we may attribute the -fact that even after the writ was issued it was not acted on for five -months longer, so that nearly a whole year had elapsed since Sir John -Fastolf's death before the Norfolk and Suffolk inquisitions were held. -But at length the opposition was overcome. 'A great day' was holden at -Acle before the under-sheriff and the under-escheator, in presence of -some of the most substantial gentlemen of Norfolk; 'and the matter,' -wrote Margaret Paston to her husband, 'is well sped after your -intent.'[200-2] - - [Footnote 200-1: _Inquis. post mortem_, 38 and 39 Henry VI., No. - 48.] - - [Footnote 200-2: No. 423.] - -Already John Paston's increased importance in his native county had come -to be acknowledged. He was at this time knight of the shire for Norfolk. -His wife was living at Hellesdon, on the Fastolf estates, two miles out -of Norwich; and the mayor and mayoress paid her the compliment of -sending thither their dinners and inviting themselves out to dine with -her. The mills at Hellesdon and the lands at Caister were let by his -agents, and apparently, in spite of his opponents, whoever they may have -been, he had succeeded in obtaining quiet possession of all Fastolf's -lands in Norfolk.[200-3] Equally little resistance seems to have been -made to his claims in the county of Suffolk, where an inquisition was -taken at Bungay nine days after that which had been taken at Acle. In -each county the jury limited themselves to declaring the names of the -trustees in whose hands the property remained at Fastolf's death, and -nothing was said about the will. A will, in itself, could convey no -title to lands, and the juries had nothing to do with it. But in both -counties John Paston, either as executor or as one of the trustees, was -allowed to assume at this time the entire control of the property. - - [Footnote 200-3: _Ibid._] - -But now came the renewal of civil war--the battle of Wakefield, soon -avenged by the proclamation of Edward IV. as king, and the bloody -victory of Towton. [Sidenote: A.D. 1461.] The kingdom was convulsed from -end to end, and there was little chance for doubtful titles and disputed -claims, except when supported by the strong arm of power. Long before -the time at which we have now arrived, [Sidenote: The Duke of Norfolk.] -the Duke of Norfolk had set covetous eyes upon Sir John Fastolf's -magnificent new castle of Caister, and he had spread a report in the -country that the owner had given it to him.[201-1] But it would seem -that Sir John himself had never entertained such an idea, and if ever in -conversation with the duke he had let fall something that might have -encouraged the hope, he had taken special care before his death to show -that it was unfounded. For the duke had visited Sir John in September -before he died, and had proposed to purchase of him the reversion of the -manor; but Sir John distinctly told him he had given it to Paston for -the purpose of founding a college.[201-2] Indeed, it is perfectly clear -that for years he had intended it to be turned into an abode of priests, -and not made a residence for any such powerful nobleman. And this -intention, which is apparent enough in several of the letters written -during his lifetime, was expressed in the most unambiguous language in -the document which John Paston declared to have been his last -will.[201-3] Indeed, if we believe John Paston's testimony, interested -though it no doubt may be, it was chiefly from a fear that his executors -might sell the place, not, indeed, to the duke, of whom he seems at that -time to have ceased to entertain any apprehension, but to the Viscount -Beaumont, the Duke of Somerset, or the Earl of Warwick, that the old -knight determined to make Paston his principal executor.[201-4] So, 'to -avoid that no lord, nor great estate, should inhabit in time coming -within the great mansion,' he made a covenant with Paston by which the -latter was to have in fee-simple all his lands in the counties of -Norfolk and Suffolk, subject only to the payment of a sum of 4000 marks -and the duty of establishing in Caister Castle 'a college of seven -religious men, monks, or secular priests, and seven poor folk, to pray -for his soul and the souls of his wife, his father, and mother, and -other that he was behold to, in perpetuity.' And if in endeavouring to -carry out this object John Paston was interfered with by any one -attempting to obtain possession of the place by force, he was enjoined -to 'pull down the said mansion, and every stone and stick thereof, and -do found three of the said seven priests or monks at St. Benet's, and -one at Yarmouth, one at Attleborough, and one at St. Olave's Church at -Southwark.'[202-1] - - [Footnote 201-1: No. 222 (in vol. ii.).] - - [Footnote 201-2: No. 543.] - - [Footnote 201-3: No. 385.] - - [Footnote 201-4: No. 390.] - - [Footnote 202-1: No. 386.] - -Yet, notwithstanding all this, the Duke of Norfolk, within three months -after the accession of Edward IV., and little more than a year and a -half after Sir John Fastolf's death,[202-2] had certainly taken -possession of the great mansion of Caister. The confusion of the time -undoubtedly favoured the act, and redress might well have been a -troublesome matter, as the Duke of Norfolk was a nobleman whom perhaps -even the king would not care to displease. But Edward was a king who, -with many faults, was most honourably anxious from the first to do -justice even to the meanest of his subjects.[202-3] Paston repaired to -the royal presence, and obtained letters from the king to the duke, -which his servant, Richard Calle, conveyed to Framlingham. They were -delivered to his lordship at the lodge of his demesne, but the messenger -was not admitted to his presence. The duke, however, wrote an answer to -the king, promising shortly to repair to Court, when he offered to prove -that some of the statements in Paston's letters were erroneous, and that -he himself was the person who had the best claim to the manor. It -appears there was one other claimant besides, viz. Thomas Fastolf of -Cowhaw; but he, not expecting to make his title good against Paston -himself, and having need of a powerful friend in some other matters, -gave up his claim to the duke, and brought documents to justify the -latter in taking possession by the right derived from him.[203-1] - - [Footnote 202-2: He had probably done so before by authority of - Henry VI., for in the beginning of 1460 Friar Brackley writes: 'A - man of my Lord Norfolk told me here he came from London, and there - he had commonly voiced that the Duke of Norfolk should, by the - king's commandment, keep his Easter at Caister for safeguard of - the country against Warwick and other such of the king's - enemies.'--Vol. iii. p. 212.] - - [[iii. 212 = second-to-last paragraph of letter 403]] - - [Footnote 202-3: Edward's reply to another suit preferred by John - Paston this same year is an excellent example of this spirit of - impartiality. John Paston's eldest son writes to his father as - follows, touching an interview he had had with the Lord Treasurer, - the Earl of Essex: 'And now of late I, remembering him of the same - matter, inquired if he had moved the king's highness therein. And - he answered me that he had felt and moved the king therein, - rehearsing the king's answer therein: how that when he had moved - the king in the said manor of Dedham, beseeching him to be your - good lord therein, considering the service and true part that ye - have done and ought to him, and in especial the right that ye have - thereto, he said he would be your good lord therein, as he would - to the poorest man in England. He would hold with you in your - right; and as for favour, he will not be understood that he shall - show favour more to one man than to another, not to one in - England.'] - - [Footnote 203-1: Nos. 458, 465.] - -In the end, however, Paston's appeal to the king must have been -successful. Caister was certainly restored to him, and in all -probability it was restored within a month or two before the Duke of -Norfolk's death, which occurred that same year, in the beginning of -November.[203-2] - - [Footnote 203-2: This perhaps may be a reason for supposing Letter - 630 to have been written in the year 1461, notwithstanding the - difficulty mentioned in the preliminary note.] - - -_The Beginning of Edward IV.'s Reign_ - -But notwithstanding the even-handed justice of the king, the times were -wild and unsettled. The revolution by which Henry was deposed was not a -thing calculated to bring sudden peace and quiet. [Sidenote: Troubled -times.] On the Patent Rolls of this year we have innumerable evidences -of the state of alarm, confusion, and tumult which prevailed -continuously for at least a twelvemonth over the whole -kingdom. Commissions of array,[203-3] commissions to put down -insurrections,[203-4] and to punish outrages,[203-5] to arrest -seditious persons,[203-6] to resist the king's enemies at sea,[203-7] -or to prepare beacons on the coast to give warning of apprehended -invasion,[204-1] are continually met with. Our Letters also tell the -same tale. Margaret Paston writes at one time about 'Will. Lynys that -was with Master Fastolf, and such other as he is with him,' who went -about the country accusing men of being Scots, and only letting them go -on payment of considerable bribes. 'He took last week the parson of -Freton, and but for my cousin Jerningham the younger, there would have -led him forth with him; and he told them plainly, if they made any such -doings there, unless they had the letter to show for them, they should -have laid on[204-2] on their bodies.'[204-3] A still more flagrant -instance of lawlessness had occurred just before, of which our old -acquaintance Thomas Denys was the victim. [Sidenote: Thomas Denys.] He -was at this time coroner of Norfolk. If not in Edward IV.'s service -before he was king, he became a member of the royal household -immediately afterwards, and accompanied the new king to York before his -coronation. It appears that he had some complaints to make to the king -of one Twyer, in Norfolk, and also of Sir John Howard, the sheriff of -the county, a relation of the Duke of Norfolk, of whom we have already -spoken,[204-4] and shall have more to say presently. But scarcely had he -returned home when he was pulled out of his house by the parson of -Snoring, a friend of Twyer's, who accused him of having procured -indictments against Twyer and himself, and carried him off, we are not -told whither.[204-5] All we know is that in the beginning of July Thomas -Denys was murdered, and that there were various reports as to who had -instigated the crime. William Lomner believed that some men of the Duke -of Norfolk's council were implicated. Sir Miles Stapleton factiously -endeavoured to lay the blame on John Berney of Witchingham. The parson -of Snoring was put in the stocks, with four of his associates, but what -further punishment they underwent does not appear. John Paston was -entreated to use his influence to get them tried by a special -commission.[204-6] The most precise account of the crime is found in the -records of the King's Bench, which give us the date and place where it -occurred. One Robert Grey of Warham, labourer, was indicted for having, -along with others, attacked Denys on Thursday the 2nd July, and dragged -him from his house at Gately to Egmere, not far from Walsingham, where -they killed him on the Saturday following. - - [Footnote 203-3: _Patent Roll_, 1 Edward IV. p. 1, m. 18 _d._, - dated March 16; and m. 19 _d._, dated May 10; p. 4, m. 22 _d._, - February 24 and March 1 (1462); also p. 2, m. 12 _d._ (against the - Scots), Nov. 13.] - - [Footnote 203-4: _Ib._ p. 1, m. 27 _d._, March 28, and p. 3, m. 3 - _d._, July 8.] - - [Footnote 203-5: _Ib._ p. 2, m. 10 _d._, Aug. 17.] - - [Footnote 203-6: _Ib._ p. 2, m. 12 _d._, Nov. 4; and p. 4, m. 22 - _d._, Feb. 28 (1462).] - - [Footnote 203-7: _Ib._ p. 3, m. 3 _d._, July 12.] - - [Footnote 204-1: _Ib._ p. 3, m. 3 _d._ and 27 _d._, Aug. 6 and 12; - also m. 8 _d._, Jan. 29.] - - [Footnote 204-2: Such, I think, must be the meaning intended. The - expression in the original is, 'they shuld aley (_qu._ should a' - laid?) on her bodyys.'] - - [Footnote 204-3: No. 469.] - - [Footnote 204-4: _See_ p. 164.] - - [Footnote 204-5: Nos. 455, 463.] - - [Footnote 204-6: No. 472.] - -Elizabeth Poynings, too, John Paston's sister, has some experience of -the bitterness of the times. She has by this time become a widow, having -lost her husband at the second battle of St. Albans, and her lands are -occupied by the Countess of Northumberland and Robert Fenys, in -disregard of her rights.[205-1] In times of revolution and tumult the -weak must go to the wall. - - [Footnote 205-1: No. 461.] - -Besides these illustrations of the social condition of the times, our -Letters still abound with information not to be found elsewhere as to -the chief political events. [Sidenote: Political events.] Here we have -the record of the battle of Towton, of those who fell, and of those who -were wounded;[205-2] after which we find Henry VI. shut up in Yorkshire, -in a place the name of which is doubtful.[205-3] Then we hear of the -beheading of the Earl of Wiltshire, and of his head being placed on -London Bridge.[205-4] Then come matters relating to the coronation of -Edward IV., which was delayed on account of the siege of -Carlisle.[205-5] On this occasion, it seems, John Paston was to have -received the honour of knighthood,[205-6] which he doubtless declined, -having already compounded with Henry VI. not to be made a knight.[205-7] -Two years later, however, his eldest son was made one, very probably as -a substitute for himself, apparently just at the time when he attained -the age of twenty-one.[205-8] To the father such an honour would -evidently have been a burden rather than a satisfaction. - - [Footnote 205-2: No. 450.] - - [Footnote 205-3: No. 451.] - - [Footnote 205-4: Nos. 451, 452.] - - [Footnote 205-5: No. 457.] - - [Footnote 205-6: Nos. 457, 460.] - - [Footnote 205-7: No. 373.] - - [Footnote 205-8: Sir John Paston must have been born in 1442. At - the inquisition taken in October 1466, after his father's death, - he was found to be twenty-four years old and more.] - -But on the whole John Paston stood well with his countrymen, and the -change of kings was an event from which he had no reason to anticipate -bad consequences to himself. Since the death of Sir John Fastolf he had -become a man of much greater importance, and he had been returned to -Parliament in the last year of Henry VI. as a supporter of the Duke of -York. He was now, in the first year of Edward IV., returned to -Parliament again. [Sidenote: John Paston returned to Parliament.] He was -apparently in good favour with the king, and had been since the -accession of Edward for a short time resident in his household.[206-1] -The king also obtained from him the redelivery of the jewels pawned by -his father, the Duke of York, to Sir John Fastolf,[206-2] in -consideration of which he granted John Paston an assignment of 700 -marks[206-3] on the fee-farm of the city of Norwich, and on the issues -of the counties of Norfolk and Suffolk. But his election as knight of -the shire for Norfolk did not pass altogether without question. Paston's -wife's cousin, John Berney of Witchingham, whom Sir Miles Stapleton -accused of being implicated in the murder of Denys, had taken a leading -part in the proceedings, and Stapleton alleged that he was meditating -further outrages. The people had appeared 'jacked and saletted' at the -shire house, the under-sheriff was put in suspicion of Berney, and the -sheriff, Sir John Howard, conceived it would be necessary to have a new -election. To this neither Berney nor Paston very much objected. Berney -was willing to give every assurance that he would do the under-sheriff -no bodily hurt, but he considered his conduct that at the election had -not been creditable, and he desired that he would either intimate to the -people that the election should stand, or procure a new writ, and -publicly announce the day on which another election should be holden. As -for Paston, he was perfectly satisfied, provided that he were not put to -further expense, as he believed it was the general desire of the people -to ratify what they had done; he only wished that it might be on a -holiday, so as not to interfere with the people's work. The matter was -discussed before the king himself, John Paston and the under-sheriff -being present, each to answer for his part in the affair, and a writ was -finally granted for a new election on St. Laurence's Day. But from what -he had seen of the conduct of the under-sheriff, Paston seems to have -been afraid the day might yet be changed, to his prejudice; so, in a -personal interview with that functionary, he got him to place the writ -in his hands, and sent it down to his wife to keep until the new day of -election came round, charging her to see that the under-sheriff had it -again that day.[207-1] - - [Footnote 206-1: No. 459.] - - [Footnote 206-2: No. 473. Compare No. 223. It is striking that, - notwithstanding his large possessions in land, the Duke of York - should have been unable for eight years to redeem these jewels.] - - [Footnote 206-3: This was less than the sum (£487) for which the - jewels were pledged, and yet it was the whole compensation granted - both for the jewels and for a bond of 100 marks given by the Duke - of York to Fastolf, which Paston also surrendered.] - - [Footnote 207-1: Nos. 466-8, 471, 475.] - - [[but he considered his conduct that at the election - _text unchanged: 1st edition has same word order_]] - -His suspicions of unfair dealing were probably too well founded. At all -events, the new election did not pass over peacefully any more than the -previous one, perhaps not so much so. We do not, indeed, hear any more -of John Berney and Sir Miles Stapleton; [Sidenote: John Paston and Sir -John Howard.] but the sheriff, Sir John Howard, had a violent -altercation with Paston himself in the shire house, and one of Howard's -men struck Paston twice with a dagger, so that he would have been -severely wounded but for the protection of a good doublet that he wore -on the occasion.[207-2] - - [Footnote 207-2: Nos. 477, 478.] - -The occurrence was an awkward one. The feuds in the county of Norfolk -had already occupied the king's attention once, and that which it was -supposed would have been a settlement had proved no settlement at all. -Perhaps Edward had been too lenient towards old offenders; for Sir Miles -Stapleton was but an ally of Sir Thomas Tuddenham and John Heydon, of -whom we have heard so much in the days of Henry VI., and these two -personages were almost as influential as ever. Some time before the -king's coronation, they had received a royal pardon, on the strength of -which, as we learn by a letter at that time, they intended going up to -London with the Duchess of Suffolk to be present at the ceremony.[207-3] -And very soon afterwards we have a renewal of the old complaints that -'the world was right wild, and had been sithence Heydon's safeguard was -proclaimed at Walsingham.'[207-4] But whoever was in fault, it was a -serious thing for John Paston--who by this time hoped that he was in -favour with the king, and had actually got his eldest son introduced -into the king's household[208-1]--that royal influence itself could not -still the angry feelings that had arisen about his election. The dispute -must now once more come before the king, and his adversary, in -consequence of his relation to the Duke of Norfolk, was doubtless a man -of considerable influence. Paston himself, it is true, was in the -position of the injured party, but he forbore to complain. The subject, -however, was brought by others under the notice of the king, who -commanded both Paston and Howard to appear before him, and was even -incensed at the former for delaying to obey his summons. On the 11th of -October the king said to one of John Paston's friends: 'We have sent two -privy seals to Paston by two yeomen of our chamber, and he disobeyeth -them; but we will send him another to-morrow, and, by God's mercy, if he -come not then, he shall die for it. We will make all other men beware by -him how they shall disobey our writing. A servant of ours hath made a -complaint of him. I cannot think that he hath informed us all truly. Yet -not for that we will not suffer him to disobey our writing; but sithence -he disobeyeth our writing, we may believe the better his guiding is as -we be informed.'[208-2] - - [Footnote 207-3: No. 458.] - - [Footnote 207-4: No. 465.] - - [Footnote 208-1: Nos. 477, 478.] - - [Footnote 208-2: No. 484.] - - [[Footnote 208-1: Nos. 477, 478. - _text reads "No."_]] - -These terrible words were reported to John Paston by his brother -Clement, then in London, who urged him to come up from Norfolk in all -possible haste, and to be sure that he had some very weighty excuse for -having neglected the previous messages. But besides great despatch in -coming, and a very weighty excuse, one thing more was very necessary to -be attended to, and this further admonition was added: 'Also, if ye do -well, come right strong; for Howard's wife made her boast that if any of -her husband's men might come to you, there should go no penny for your -life, and Howard hath with the king a great fellowship.'[208-3] - - [Footnote 208-3: _Ibid._] - -It was clear this advice was not to be neglected. Paston seems to have -been detained in Norfolk by a dispute he had with his co-executors Judge -Yelverton[209-1] and William Jenney, who refused to acknowledge his -claims as chief administrator of Fastolf's will, and had entered on the -possession of some of Sir John's manors in Suffolk, near the borders of -Norfolk.[209-2] But his absence from London had done great mischief. Not -only Howard, but the Dukes of Norfolk and Suffolk were endeavouring to -put him out of the king's favour; and it was said that Caister would be -given to the king's brother, Richard, Duke of Gloucester.[209-3] Worst -of all, however, was the fact that the king, who had evidently had a -good opinion of Paston hitherto, was beginning to alter his tone so -seriously. [Sidenote: John Paston imprisoned.] No time, therefore, was -to be lost in going up to London, and no marvel though, when he got -there, he was immediately committed to the Fleet.[209-4] - - [Footnote 209-1: I have already indicated my belief that Judge - Yelverton was the real person nicknamed Colinus Gallicus in Friar - Brackley's letters. It is quite clear by No. 404 (one of the - letters found after the text of Mr. Arber's edition had passed - through the press) that Colinus Gallicus not only could not have - been Worcester, but that he was a man of some social standing on - familiar terms with the Earl of Wiltshire. This, and the fact that - he was one of Fastolf's executors, seem to prove his identity. It - is a satisfaction to find that, though Brackley did not love - William Worcester, the bitter words in No. 383 were not levelled - at him. Thus he wrote while Sir John Fastolf was on his deathbed: - 'Colinus Gallicus says in Yarmouth and other places that he is an - executor. He said also yesterday before several persons, if once - he were in London, he wishes never to see Norfolk. He says also, - whereas the executors think they will have keys, after the death - others will have keys as well as they. He is a very deceitful man - (_falsissimus_). . . . That same Gallicus intensely hates the - rector (Howes), and would like to supplant him.'] - - [Footnote 209-2: No. 481.] - - [Footnote 209-3: Nos. 482, 484.] - - [Footnote 209-4: No. 488.] - -John Paston's enemies, acting in several ways, had now done their worst. -While the news of his dispute with Howard was reported to the king in -the most unfavourable terms, Judge Yelverton (he had been made Sir -William Yelverton at the coronation)[209-5] and William Jenney entered -Sir John Fastolf's manor of Cotton in Suffolk, [Sidenote: Manor of -Cotton.] and distrained upon the tenants for rent. John Paston's -faithful servant, Richard Calle, at first interrupted their proceedings, -and when Jenney went to hold a court at Cotton, entered the place before -he came, along with Paston's eldest son. By Calle's activity and -watchfulness the court was holden in Paston's name, although it had been -summoned in Jenney's; and young John Paston next day, to requite the -enemy for the trouble they had occasioned, took with him thirty men, and -rode to Jenney's place, where he carried off thirty-six head of neat, -and brought them into Norfolk. This was a bold exploit, for the enemy -had threatened to drag him and Calle out of the place by violence; but -Calle still remained, and twelve men with him, and kept possession for -five whole days, during which time he visited the farmers and tenants of -the manor, and ascertained that they were all well disposed towards -Paston, and would pay no money to any one else. But, unfortunately, just -at this point came the summons to Paston which he did not dare to -disobey; and his opponents knew how to profit by his absence and -imprisonment in London. Yelverton and Jenney did not re-enter the manor -themselves; but Jenney sold his interest in it to one Gilbert Debenham, -who intended to give it to his son, Sir Gilbert, for a dwelling-house. -Accordingly, by the encouragement of Jenney and Debenham, a body of -unknown men took possession of the place, and garrisoned it against all -comers as strongly as they could. They broke down the drawbridge over -the moat, so that no one could enter the place except by means of a -ladder. They melted lead, and damaged the property in various ways, -while John Paston was a prisoner in the Fleet. At the same time -Yelverton and Jenney took proceedings against Richard Calle. They -succeeded in getting him imprisoned upon an indictment for felony in -Norfolk; and, fearing lest he should be acquitted upon that charge, they -'certified insurrections' against him in the King's Bench, and sent the -sheriff a writ to bring him up to London in the beginning of -November.[210-1] - - [Footnote 209-5: No. 457.] - - [Footnote 210-1: Nos. 485-487.] - -[Sidenote: John Paston released from prison.] But before the day that -Richard Calle was to appear in the King's Bench John Paston was -delivered from the Fleet, and his adversary Howard was sent to prison in -his place. The whole circumstances of the controversy had been laid -before the king, and Paston was released after about a fortnight's -imprisonment. The news that he had got into trouble had excited much -sympathy in Norwich, for he was highly popular, and Howard's attempt to -set aside his election met with very little approbation. Margaret -Paston, especially, was sad and downcast at home, and though her husband -had sent her comfortable messages and letters showing that his case was -not so bad as it appeared to be, 'yet I could not be merry,' she wrote -to him, 'till this day that the Mayor sent to me, and sent me word that -he had knowledge for very truth that ye were delivered out of the -Fleet.'[211-1] - - [Footnote 211-1: No. 488.] - -The king was much interested in the dispute, and was laudably determined -to insist upon justice and fair dealing. He appointed Sir Thomas -Montgomery, one of the knights of his own household, in whom he had -special confidence, sheriff of Norfolk for the ensuing year. And when -Sir Thomas went down into Norfolk, he sent Sir William Yelverton along -with him, who, though not very favourably disposed towards Paston, was -still one of the justices, and bound to be impartial. Edward gave them -both a very explicit message from his own mouth to declare to the people -in the shire house, and Yelverton was made the spokesman. [Sidenote: -Message from the king to the people of Norfolk.] He said the king had -been greatly displeased to hear that there had been 'a riotous -fellowship' in the county, but that he understood it was not owing to -disaffection on the part of the people generally--that it had been -stirred up only by two or three evil-disposed persons--that he and the -sheriff were there by the king's command, ready to receive complaints -from any man against any one whomsoever--and that if they could not -prevail upon the wrongdoer to make restitution, the bills should be sent -to the king; moreover, that if any man was afraid to set forth his -grievances, he should have full protection. At this point Yelverton -asked the sheriff if he remembered anything more in the king's message, -and requested him in that case to declare it himself. The sheriff said -Sir William had set forth everything, except that the king had made -special reference to two persons, Sir Thomas Tuddenham and Heydon. 'Ah, -that is truth,' said Yelverton; and he explained that any one who wished -to complain of them should be protected also. The sheriff then added a -few words for his part, in which he promised faithfully before all the -people, 'and swore by great oaths,' that neither by fear nor by favour -would he be restrained from communicating to the king the truth as he -found it to be.[212-1] - - [Footnote 212-1: Nos. 497, 500.] - -[Sidenote: A.D. 1462.] All this was reassuring; but yet it was remarked -that John Paston did not come home again into Norfolk, and neither did -his colleague in the representation of the county, John Berney of -Witchingham. This alone caused Margaret Paston still to entertain -apprehensions for her husband's safety, and her suspicions were shared -by many, who feared that they and Paston alike were involved in some new -charges of sedition. Busybodies, it was thought, had been insinuating to -the king that a very rebellious spirit prevailed in Norfolk, and report -said that the Dukes of Clarence and Suffolk would come down with certain -judges commissioned to try such persons as were 'noised riotous.' The -rumour scarcely tended to pacify discontent. If it were true, people -said they might as well go up to the king in a body to complain of those -who had done them wrong, and not wait quietly to be hanged at their own -doors. The Duke of Suffolk and his mother were the maintainers of those -who oppressed the country most, and nothing but severity could be -expected from a commission of which the duke was a member, unless his -influence were counteracted by that of more popular persons.[212-2] -These misgivings, however, were happily soon after set at rest. The -election of John Paston was confirmed, and no such dreaded commission -appears to have been sent into Norfolk. 'The people of that country,' -wrote Margaret Paston to her husband, 'be right glad that the day went -with you on Monday as it did. You were never so welcome into Norfolk as -ye shall be when ye come home, I trow.'[212-3] Paston, in fact, appears -to have gained a complete triumph over his adversaries, and it was said -that Howard was likely to lose his head.[212-4] - - [Footnote 212-2: No. 504.] - - [Footnote 212-3: No. 505.] - - [Footnote 212-4: No. 510.] - -But the dispute with Yelverton and Jenney was still unsettled. Writs -were sent down into Norfolk to attach John Paston's eldest son and -Richard Calle upon indictments of trespass, and Debenham threatened to -hold a court at Calcot in defiance of Paston's agents.[212-5] It is -evident, too, that he made good his word, and John Paston in consequence -got his tenants to bring actions against him.[213-1] Cross pleas between -the parties occupied the courts at Westminster for a year or more, -during which time we find it suggested to John Paston that he would -never get leave to live in peace, unless he could by some means obtain -'the good lordship' of the Duke of Suffolk.[213-2] Appeals to law and -justice were all very well, and no one fought his battle in the courts -with more unflinching energy than Paston; but unless he wished to be -always fighting, the best way for him was to obtain the favour of the -great. - - [Footnote 212-5: No. 538.] - - [Footnote 213-1: No. 540.] - - [Footnote 213-2: No. 544.] - -It is a question, indeed, whether in this eternal turmoil of litigation -at Westminster, and watch to keep out intruders in his Suffolk manors, -John Paston had not to some extent neglected his duty to his children at -home. Such, at least, was the world's opinion, and there were candid -friends who did not hesitate to tell him so. [Sidenote: Sir John -Paston.] His eldest son now attained the age of twenty-one, and received -the dignity of knighthood--probably, as we have before suggested, as a -substitute for himself. [Sidenote: A.D. 1463.] The young man had been -summoned four years before to attend and do military service to King -Henry VI.[213-3] He had since been for some little time a member of King -Edward's household, travelling about with the court from place to -place.[213-4] But he had scarcely seen the usual amount of service, and -though now of full age, and known as Sir John Paston, knight, he was -living again under his father's roof, wasting his time, as it was -considered, in inglorious ease. 'At reverence of God, take heed,' wrote -some one to his father, 'for I hear much talking thereof. . . . Some say -that he and ye stand both out of the king's good grace, and some say -that ye keep him at home for niggardship, and will nothing spend upon -him; and so each man says his advice as it pleases him to talk. And I -have inquired and said the most cause is in party for cause ye are so -much out, that he is rather at home for the safeguard of the -coasts.'[213-5] - - [Footnote 213-3: No. 377.] - - [Footnote 213-4: Nos. 477, 478, 511.] - - [Footnote 213-5: No. 550.] - -The protection of the coast, especially about Yarmouth, might well be an -object in which John Paston was specially concerned, for close to -Yarmouth lay Caister Castle. And he had actually procured a commission -for his son to be captain of a ship in the king's service, called the -_Barge of Yarmouth_. But here again he was brought into collision with -Gilbert Debenham, who had already procured a commission to the same -effect for himself, and this field of usefulness seems to have been cut -off.[214-1] Confinement at home, to superintend his father's servants, -did not suit the young man's tastes. Once before he had displeased his -father, probably by seeking too much liberty.[214-2] He now not only -sought it, but took it without leave. [Sidenote: He leaves home.] -Without signifying his intention to any one, he stole away from Caister, -apparently with the view of joining himself again to the king's -household. In passing by Lynn, he wrote a penitent letter to his mother, -expressing his fear that he had done wrong, and given her uneasiness. -And, in truth, she was by no means pleased; for hitherto in their little -disagreements she had stood between him and his father, and now her own -past efforts at conciliation caused his father to suspect that she had -been privy to his escape. If on any occasion Margaret Paston ever -deceived her husband, it must have been for the sake of shielding one of -her sons; but we are not warranted in believing even this. The -imputation in this instance was certainly untrue; but so great was the -offence taken by the father, that she durst not even let him know that -she had received a letter from her son since his departure. She, -however, wrote to the runaway, and charged him, as he valued her -blessing, to do all in his power to recover his father's goodwill. He -must write to his offended parent again and again in the most humble -terms he could think of, giving him all the news from court, and taking -far more pains than he had done at home to avoid incurring -expenses.[214-3] - - [Footnote 214-1: Nos. 521-3.] - - [Footnote 214-2: Nos. 375, 377.] - - [Footnote 214-3: No. 552.] - -[Sidenote: John Paston the youngest.] For his second son John's setting -out in life, the father had made better provision than for his eldest. -He had succeeded in getting him placed in the household of the new Duke -of Norfolk, the last of the Mowbrays, who succeeded his father towards -the close of the year 1461, the first year of King Edward's reign. It -was the preceding duke who had occupied Caister just before the -coronation; but he died on the 6th November following, at the beginning -of Edward's first Parliament, when his son and heir had just attained -the age of seventeen.[215-1] John Paston the father evidently hoped to -have the young duke for his friend, and so to maintain himself in -undisturbed possession of the lands which he claimed under Sir John -Fastolf's will. His son must have been as nearly as possible of the same -age as the young nobleman, in whose service he was placed, and he was -soon made familiar with the stir and bustle of life. At first he went -down with the duke to his castle of Holt, in Wales, where he expected to -keep his Christmas. The young duke, who was already married, being -desired by the king to repair thither for the quiet of the country, had -left his wife behind him, but after a while proposed to send for her to -keep Christmas in Wales along with him. This intention, however, he was -compelled to abandon. At that very time Queen Margaret had come out of -France, and had won the castle of Bamborough: [Sidenote: Bamborough -Castle taken by Margaret of Anjou.] and though Warwick was sent to the -north as the king's lieutenant, and the king himself was following with -an army of his own, it was shortly afterwards determined that the Duke -of Norfolk also should repair into Northumberland. [Sidenote: A.D. 1462. -Oct.] The castles of Alnwick, Dunstanborough, and Bamborough were -invested by the royal forces; but it was fully expected the Scots would -make a strong attempt to rescue them. The Earl of Warwick's headquarters -were at Warkworth, three miles out of Alnwick, but he rode daily to each -of the three castles to superintend the siege operations at each. The -Duke of Norfolk had the task assigned him to conduct the victuals and -ordnance from Newcastle. The king himself lay at Durham; and young John -Paston had an opportunity of making acquaintance with a number of -influential persons, including the Lord Hastings and Lord Dacres, who -had continual access to the presence of their sovereign. Altogether, -John Paston the youngest had certainly begun the world well.[215-2] - - [Footnote 215-1: Fabyan. _Inquisition p. m._, 1 Edward IV., No. - 46.] - - [Footnote 215-2: Nos. 532, 533.] - -Of the other children of John and Margaret Paston it is unnecessary to -say anything at present. At the time of which we now treat there was -hardly one of them far advanced beyond childhood; nor do they, in fact, -occupy very much attention even in later years, although we shall meet -with casual notices of one or two of them. - - -_Troubles of John Paston_ - -On the whole, though the conduct of one of them had not given him entire -satisfaction, the two eldest sons of John Paston had probably both been -of some service to their father in maintaining his influence at court. -And this must have been a matter of no small consequence in the -continued struggle that he was obliged to maintain with adversaries like -Yelverton and Jenney. The dispute with them had now assumed another -form. [Sidenote: A.D. 1464.] [Sidenote: Litigation touching Fastolf's -will.] Sir William Yelverton, in conjunction with our old friend William -Worcester, was contesting in the spiritual court of Canterbury the claim -put forward by Paston to be the chief executor under Sir John Fastolf's -will; while at the same time William Jenney, and one William Hogan, by -Jenney's procurement, took actions for trespass against him in the -Suffolk county court. Paston trusted to his influence with the king to -deliver him from these vexatious suits. He neglected to put in an -appearance at four several county courts, and allowed himself to be put -in exigent, while he followed the king to Marlborough, and obtained from -him a licence for the erection of the college at Caister provided for in -Fastolf's will. Along with this the king covenanted to give him a free -pardon when required for all offences against the peace, to save him -harmless against Yelverton and Jenney; but undertook at the same time to -cause inquiry to be made into the substance of their accusations, and if -these proved to be unfounded, to compel them to make Paston -compensation.[216-1] - - [Footnote 216-1: Nos. 568-9, 571-2.] - -Paston had partly trusted to the friendship of William Calthorpe, who -was at this time Sheriff of Norfolk and Suffolk, to protect him against -outlawry. His servant Richard Calle offered surety that Paston would -save the sheriff harmless, either by making an appearance at a later -date or by producing a _supersedeas_; and he requested that upon this -assurance the sheriff would return that his master had appeared the -first day. Calthorpe had every wish to do Paston a kindness; though he -confessed that Jenney had been his good friend and legal adviser for two -years past, Paston was still more his friend than Jenney, and he -promised to do all that was required.[217-1] But this promise he failed -to fulfil. Paston's non-appearance was proclaimed at four successive -county courts at Ipswich; and a writ of exigent was granted against him. -Paston obtained a _supersedeas_ from the king at Fotheringay on the 3rd -August; [Sidenote: John Paston outlawed.] but in the end judgment was -given against him in Suffolk on the 10th September, and he was -proclaimed an outlaw. On the 3rd November following he was committed to -the Fleet prison.[217-2] - - [Footnote 217-1: No. 572.] - - [Footnote 217-2: No. 572. Itin. W. Worc., 366. Those who are - interested in the subject may be referred to the Year Books of - Mich. and Hil. 4 Edw. iv. for pleadings as to the validity of the - outlawry and _supersedeas_. These, however, are purely technical - and of no interest to the general reader.] - - [[Mich. and Hil. 4 Edw. iv. - _typography unchanged: expected form "Edw. IV."_]] - -This was his second experience of captivity since the death of Sir John -Fastolf. We do not know that he ever suffered it before that time; but -he was now paying the penalty of increased importance. His detention on -this occasion does not seem to have been of long duration; but if we are -right in the interpretation of a sarcastic anonymous letter[217-3] found -among his correspondence, his fellow-prisoners threw out surmises when -he left that the Fleet would see him yet a third time within its walls. -At least, this may or may not have been the purport of what is certainly -an ironical and ambiguous epistle addressed to him, we cannot tell by -whom. If it was so, the prediction was verified before another -twelvemonth had passed away. - - [Footnote 217-3: No. 574.] - -How matters went during the winter we have very little indication, -except that Paston's friend John Wykes, an officer of the king's -household, [Sidenote: A.D. 1465. Feb. 7.] writes to Margaret Paston on -the 7th February from London, 'that my master your husband, my mistress -your mother, my master Sir John, Mr. William, Mr. Clement, and all their -men, were in good health when this letter was written, thanked be Jesu; -and also their matters be in a good way, for my Lord Chancellor is their -singular good lord.' The crisis in the affairs of the family was -certainly very serious, when old Agnes Paston, the judge's widow (for I -have never found any other lady spoken of as Margaret Paston's -'mother'), took the trouble to go up to London to see them settled. It -appears that there was a little family council on the occasion, and John -Paston's two brothers, William and Clement, together with his son Sir -John, were also present.[218-1] What kind of arrangement they all -succeeded in making we have no means of ascertaining; but the next -occasion of trouble to John Paston was not given by Yelverton and -Jenney. - - [Footnote 218-1: No. 576.] - -[Sidenote: The Duke of Suffolk lays claim to Drayton.] The first -indications of it appear in a letter of Margaret Paston to her husband, -written on the 8th April 1465, by which we find that the Duke of Suffolk -had now set up a claim to Sir John Fastolf's manor of Drayton, about -four miles north-west of Norwich. Margaret had also heard that he had -bought up the rights of a person named Brytyeff or Bryghtylhed, who laid -claim to the neighbouring manor of Hellesdon, a little nearer the city, -and that he intended to take possession after Easter.[218-2] The claim -appears to have been very ill founded, and the tenants, all but one or -two, were favourable to Paston.[218-3] Nevertheless Philip Lipyate, the -duke's bailiff, began taking distresses, and carried off the horses of -one Dorlet as he was about to yoke them to his plough. But Margaret -Paston, who had been staying at Caister, after waiting till her son Sir -John could come to her, and leaving him to keep the castle, went over to -Hellesdon to collect the rents for her husband, and put a stop, if -possible, to the proceedings of the duke's officers. She soon began to -feel that there was more need of a captain like her son Sir John at -Hellesdon than at Caister. One single tenant named Piers Warin gave her -servants a little trouble, and they took from him two mares as security -for the rent. Warin made his complaint to Philip Lipyate and the duke's -bailiff of Cossey, who came with a body of eightscore men in armour, and -took away the plough-horses of the parson and another tenant, intimating -that the beasts should not be restored unless their owners would appear -and give answer to certain matters at Drayton on the Tuesday following. -The duke's men further threatened that if Paston's servants ventured to -take any further distresses in Drayton, even if it were but of the value -of a hen, they would take the value of an ox in Hellesdon.[219-1] - - [Footnote 218-2: No. 578.] - - [Footnote 218-3: Nos. 579, 584.] - - [Footnote 219-1: Nos. 579, 581.] - -John Paston, though not at this time in confinement, seems to have been -unable to leave London. But it was impossible that he could -underestimate the danger in which his property stood from the -pretensions of such a formidable neighbour as the Duke of Suffolk. The -letters written to him at this period by his wife are annotated all down -the margin with very brief rough jottings in his own handwriting, for -the most part only calling attention to the subjects touched upon in the -letter, but occasionally indicating what he was about to say in his -reply. He expressed, indeed, no great respect for the big threats of -Suffolk's officers about taking the value of an ox for that of a hen, -which he characterised in the margin by the simple monosyllable 'crack'; -but he noted, in the brief words 'Periculum Heylesdon,' the fact that -there was real cause for anxiety lest the duke, who had already occupied -Drayton, should drive him out of Hellesdon as well.[219-2] - - [Footnote 219-2: No. 581.] - -The Bishop of Norwich had been appealed to, as chief justice of the -peace for the county, to use his influence with the Duke of Suffolk's -officers, and especially with Philip Lipyate, who was a priest, and -subject to his jurisdiction, to bring the dispute to a peaceful -settlement. But John Paston probably trusted more to the fact that he -had men of his own ready to repel force by force. The parishes of -Hellesdon and Drayton are situated on the northern bank of the river -Wensum, partly on a low ridge which slopes downward towards the stream. -Opposite to Drayton, on the other side of the river, lay the Duke of -Suffolk's mansion of Cossey,[219-3] from which, at any time that was -thought advisable, an armed band could be sent along with a distraining -officer to assert the duke's alleged rights over the tenants. It was -really a case of two hostile camps keeping watch upon each other, and -each of them ready to take advantage of the other's weakness. Not that -either of them pretended to be above the law, but the duke and Paston -each claimed to be lawful owner of the lordships of Hellesdon and -Drayton, and, until any legal settlement could be come to, each was well -aware of the importance of maintaining his claim by corresponding acts. -If the duke could levy a distress, so could Paston. His officers made an -inroad, undeterred by the menaces of the duke's men, into Drayton, took -77 neat, and brought them home to Hellesdon. The tenants followed, -petitioning to have their cattle back again, but Margaret Paston told -them they must first pay such duties as they owed to her husband, or -find security to pay at such a day as she could agree to. An officer of -the duke named Harleston was at Norwich, and told them that if they -either paid or gave such surety they should be put out of their -holdings. Harleston had a conference with Margaret Paston in the -evening, but she refused to redeliver the distress on any other terms -than those she had already intimated. This was on a Saturday evening. On -Monday following a replevin was served upon her in the name of -Harleston, who was under-steward of the duchy of Lancaster, on the -ground that the cattle had been taken within the fee of the duchy. -Margaret refused to deliver them until she had ascertained whether this -was actually the case, and on inquiry she found that it was not so. The -beasts were accordingly still detained in Hellesdon pin-fold, and -Pynchemore, the officer who had brought the replevin, was obliged to -return to his master. But in the afternoon he came again with a replevin -under the seal of the sheriff of Norfolk, which it was impossible -lawfully to disobey. So the beasts were at last taken out of the -pin-fold and redelivered to the tenants.[220-1] - - [Footnote 219-3: Now commonly spelt Costessey, but pronounced, as - it is usually spelt in the Paston Letters, Cossey.] - - [Footnote 220-1: No. 583.] - -This sort of quasi-legal warfare continued for weeks and for months. -At one time there would be a lull; but again it was reported that the -duke's men were busier. The duke himself was coming to Cossey, and his -servants boasted openly that he would have Drayton in peace and then -Hellesdon.[221-1] And not very long after the duke did come to Norfolk, -raising people on his way both in Norfolk and Suffolk,--for an attack, -as every one knew, on Paston's stronghold at Hellesdon, which was now -placed in the keeping of his son Sir John.[221-2] - - [Footnote 221-1: No. 585.] - - [Footnote 221-2: No. 592.] - -[Sidenote: Attempt of the duke's men on Hellesdon.] On Monday the 8th -July, Philip Lipyate and the bailiff of Cossey, with about 300 men, came -before Hellesdon, but, finding Sir John Paston quite prepared for them, -professed they had no intention of attempting to force an entry. For Sir -John had a garrison of 60 men within the place, and such a quantity of -guns and ordnance that the assailants would certainly have had the worst -of it. Lipyate and the bailiff, however, informed Sir John that they had -a warrant to attach John Daubeney, Wykes, Richard Calle, and some -others. Sir John replied that they were not within, and if they had been -he would not have delivered them. Afterwards it was mutually agreed that -the Duke of Suffolk should dismiss his men and Sir John Paston should do -the same. But this only transferred the scene of action to Norwich, -where Richard Calle was attacked by twelve men in the streets and only -rescued by the sheriff; nor did he escape without the pleasant assurance -that if he were caught another time he would be put to death, so that he -did not dare ride out without an escort. Daubeney and Wykes were in a -similar state of apprehension, and to crown all, it was said that there -was to be a special commission to inquire of riots, in which the Duke of -Suffolk and Yelverton would be commissioners. If so, every man that had -taken Paston's part was pretty sure of being hanged.[221-3] - - [Footnote 221-3: No. 593.] - -Sir John Paston, however, acquired great credit for having withstood -so numerous a force as Lipyate and the bailiff of Cossey had brought -against him. It will be readily understood that his position must have -been a strong one. He and his mother were then living at a mansion in -Hellesdon, which probably stood on comparatively low ground near the -river.[222-1] But on the brow of the hill, nearer Drayton, stood a -quadrangular fortress of which the ruins still exist, known at this day -by the name of Drayton Lodge. This lodge lay within what was then called -Hellesdon Warren, and commanded the entrance to the property. From its -elevated position it must have been peculiarly difficult to attack. The -country around was open heath, and the approach of an enemy could be -descried distinctly in the distance. From the mansion below, where he -had quartered his garrison of 60 men, he could doubtless bring up with -ease at any time as many as seemed necessary for the defence of the -lodge;[222-2] while from the battlements of the lodge a heavy fire could -be opened on the advancing foe.[222-3] - - [Footnote 222-1: At Hellesdon North Hall, the property of Mr. - J. H. Gurney, old foundations have been recently discovered, which - are in all probability those of John Paston's house. The place is - about 400 yards from Hellesdon Church.] - - [Footnote 222-2: One day in the beginning of May as many as sixty - men were placed in the lodge itself, and kept there all day. At - that time an attack was continually expected, but not more than - sixteen or twenty persons could sleep in the building. _See_ No. - 581, at p. 139 (vol. iv.).] - - [Footnote 222-3: 'The ruined Lodge at Drayton' is the subject of - an interesting paper by the late Mr. Henry Harrod in the _Norfolk - Archæology_, vol. ii. p. 363. There are no remains of battlements - now, but most probably they once existed.] - -Living within a house that was threatened with siege, Margaret Paston, -at this juncture, seems to have taken an active part along with her son -in the preparations for defence. Her husband in London writes to her as -a commander-in-chief might do to the governor of a besieged fort:--'In -good faith ye acquit you right well and discreetly, and heartily to your -worship and mine, and to the shame of your adversaries: and I am well -content that ye avowed that ye kept possession at Drayton and so would -do.' But the task imposed upon her had impaired her health; and John -Paston, though for some potent reasons he was not able even now to come -to her aid, was anxious to give her every comfort and encouragement in -his power. 'Take what may do your ease and spare not,' he says in the -same letter; 'and in any wise take no thought nor too much labour for -these matters, nor set it not so to your heart that ye fare the worse -for it. And as for the matter, so they overcome you not with force or -boasting, I shall have the manor surelier to me and mine than the duke -shall have Cossey, doubt ye not.' In fact, if it were a question of law, -John Paston's title seems to have been greatly superior to any that -could possibly have been advanced by the duke: in proof of which he -points out a few facts which he tells his wife she may if she think -proper lay before the Bishop of Norwich. The manor of Drayton had -belonged to a merchant of London called John Hellesdon, long before any -of the De la Poles held land in Norfolk or Suffolk. It had descended to -his daughter Alice, and John Paston was able to show his title to her -property. On the other hand he traced the pedigree of the Duke of -Suffolk from 'one William Poole of Hull, which was a worshipful man -grown by fortune of the world,' and whose son Michael, the first Earl of -Suffolk, had been so created by King Richard II. since Paston's father -was born; and if any of their lineage held the manor of Drayton he would -lose £100, if the duke would be bound in as much to prove the contrary. -But the duke must not expect him to show his title to one who tried to -oust him by violence. On this point John Paston was resolute. 'Let my -lord of Norwich wit that it is not profitable, nor the common weal of -gentlemen, that any gentleman should be compelled by an entry of a lord -to show his evidence or title to his land, nor I will not begin that -example ne thraldom, of gentlemen nor of other. It is good a lord take -sad counsel ere he begin any such matter.'[223-1] - - [Footnote 223-1: No. 595.] - -It might have been supposed that after the duke's attempt on Hellesdon, -nothing but impediments of the most serious kind would have prevented -John Paston from going down to Norfolk to take charge of his own -interests and relieve his wife's anxiety. But it appears that he hardly -expected to be able to leave London, and in the same letter from which -we have just been quoting he desires that if he be not home within three -weeks his wife will come to him. In that case she is, before leaving, to -put everything under proper rule both at Caister and Hellesdon, 'if the -war hold.' The state of matters between him and Suffolk was such as -could only be spoken of as a state of war, even by plain matter-of-fact -John Paston. And if the enemy offered peace his wife was to send him -word. - -What could have been the obstacle that prevented John Paston leaving -London? It appears for one thing that he was at this time called upon to -undergo an examination before the spiritual court of Canterbury, in -defence of his claim to be Sir John Fastolf's executor. This alone was, -perhaps, sufficient to detain him, for it was a thing on which his most -important interests depended. But there is no doubt that additional -obstacles were raised up for him expressly by the malice of his enemies; -[Sidenote: John Paston imprisoned a third time.] for it could not have -been many weeks after his first examination that John Paston again found -himself a prisoner in the Fleet, and within the walls of that prison his -further depositions were taken.[224-1] - - [Footnote 224-1: No. 606.] - -It was the malicious ingenuity of Judge Yelverton that had devised the -means to inflict upon him this new incarceration. And the means employed -were such as to make captivity doubly painful and humiliating. The -king's clandestine marriage to Elizabeth Woodville had taken place in -May of the preceding year. At Michaelmas it was openly avowed; and if it -displeased, as no doubt it did, Warwick and the old nobility, even from -the first, it informed a whole world of time-servers and place-hunters -that there was a new avenue to fortune in securing the favour of the -Woodvilles. Already Rivers had been created Lord Treasurer and advanced -to the dignity of an earldom. Already marriages had been made for the -queen's brothers and sisters, which were evidently provocative of envy, -jealousy, and indignation.[224-2] The king's liberality towards his new -relations was unbounded, and sycophants were not wanting to suggest to -him how he might gratify their cupidity, sometimes at the expense of -others than himself. Sir William Yelverton, accordingly, contrived to -whisper in the royal ear that the king might fairly dispose of some fine -property in Norfolk and Suffolk; for John Paston, who claimed to be the -owner, was come of servile blood, and was really the king's -bondman.[225-1] - - [Footnote 224-2: W. Worc. _Annales_, 501, 506.] - - [Footnote 225-1: _Itin._ Will. de Worc., 323.] - -The reader will remember the curious paper[225-2] in which it is set -forth that the grandfather and father of John Paston had held lands in -the village of Paston, by servile tenures, and that John Paston himself, -without having any manor place, was endeavouring to 'make himself a -lordship there,' to the prejudice of the duchy of Lancaster. There can -be little doubt that this statement was drawn up in the year 1465 and -that its author was Judge Yelverton. He had been at this time -endeavouring to ingratiate himself with Anthony Woodville, Lord Scales, -the queen's brother, and it was in the interest of that nobleman that he -made this attempt to asperse the lineage of the Pastons. [Sidenote: Lord -Scales seeks to obtain Caister.] For Lord Scales had begun to cast -covetous eyes on the magnificent castle at Caister; and if it were but -satisfactorily shown that John Paston was disqualified from possessing -it, no doubt the king, his brother-in-law, would be only too willing to -grant it to himself. The case was already prejudged; Caister and the -lordship of Cotton as well were his by anticipation, and some time -before Paston was committed to prison it was known that Lord Scales -meant to ride down into Norfolk and oust him from his property.[225-3] - - [Footnote 225-2: _See_ pp. 28, 29.] - - [[pp. 28-29 = letter headed "A remembrance of the worshipful kin - and ancestry of Paston"]] - - [Footnote 225-3: No. 598. It appears by the city records of - Norwich, an extract from which, kindly communicated to me by the - Rev. William Hudson, will be found in the Appendix to this - Introduction, that Lord Scales arrived in the city 'a second time' - towards the close of the year 1465--apparently just before - Christmas day, for the date was within eighteen days of a document - dated 10th January, 5 Edward IV.--for the express purpose of - taking possession of all the goods and chattels of John Paston, - whom the king had seized as his 'native.' This raised an awkward - question about the privileges of the city, in which John Paston - possessed a house. But the civic authorities found a way out of - the difficulty, and agreed that Lord Scales should be allowed to - enter by the act of John Paston's feoffees; for it was understood - that certain aldermen and common council men were co-feoffees - along with him, of the messuage which he held. Thus the city's - liberty was theoretically preserved without offence to the higher - powers.] - -Although John Paston was thus unable to go home, as he wished to do, -neither was Margaret Paston able for some time to go up and see him in -London, as he had desired her. Wykes, who had promised to keep -possession of the place at Hellesdon in her absence, did not go down -into Norfolk so soon as he had intended, but remained in London taking -care of Paston's interests in another fashion in conferences with -Nevill, Archbishop of York, at that time Lord Chancellor. Perhaps -already the influence of Archbishop Nevill, like that of his brother the -Earl of Warwick, had begun to decline, and Wykes was really wasting his -labour in complaining to his lordship of the riotous attempt made by the -Duke of Suffolk's men at Hellesdon. There was but one pretext on which -the outrage could be justified,--a matter concerning the payment of 100 -marks, but the money had been paid long ago. His lordship, however, -durst swear the Duchess of Suffolk had no knowledge of it; and with that -he left town, promising an answer when he came back next Tuesday.[226-1] - - [Footnote 226-1: No. 598.] - -But Margaret Paston, though she could not yet come up to London, did not -spend the time at home unprofitably. The judges had come down to Norwich -on their circuit, when Margaret endeavoured to secure the advantage she -had already gained in keeping possession at Drayton by getting a manor -court held there in her husband's name. But to do this she required the -services of one or more faithful dependants who did not mind incurring a -little personal risk in the interest of John Paston. Not many, -certainly, were disposed to undertake the task. John Paston had written -to his wife to have a body of men to escort the officer that would keep -the court for him. But upon consultation it was thought better to keep -all the men they could in reserve, as the duke's officers had no less -than 500 men ready to take advantage of the opportunity to force an -entry into Hellesdon. - -[Sidenote: Attempt of Margaret Paston to hold a court at Drayton.] -Thomas Bond and an attached and confidential priest named Sir James -Gloys were adventurous enough to go to Drayton alone for the purpose of -holding a court on Lammas Day. They found, as might have been expected, -that officers of the Duke of Suffolk were there before them. Harleston, -along with Philip Lipyate, the parson of Salle, and William Yelverton, -a grandson of the judge, who was to sit as steward, were in the courtyard -of the manor, prepared to hold the court in the Duke of Suffolk's name. -They were accompanied by about sixty persons or more, besides the -tenants of Drayton, some having rusty poleaxes and bills to enforce -respect for the duke's authority. In the face of this array, however, -Bond and Gloys announced that they came to keep the court in the name of -John Paston; on which the former was immediately delivered into the -custody of William Ducket, a new bailiff of Drayton appointed by the -duke, and was carried off to Cossey, his arms bound behind him with -whipcord like a thief. But Margaret Paston spoke with the judges next -morning before they went to the shirehouse, in presence of the bailiff -of Cossey and the whole of the duke's council; and the judges calling -the bailiff before them, gave him a severe reproof, and sent the sheriff -to see what company had been mustered at Drayton. The sheriff rode first -to Hellesdon, and expressed himself satisfied with the demeanour of -Paston's men there. When he came to Drayton, the bands of Suffolk's -retainers had disappeared. He demanded that Thomas Bond should be -delivered to him, and was told that he had been sent to the Duke of -Suffolk; but he was afterwards delivered to him at Norwich, with a -request that he should not be set at liberty without a fine, as he had -troubled the king's leet. The judges, however, on being informed of the -real state of the case, commanded him to be set at liberty, and -pronounced a very strong censure on the conduct of Suffolk's -officers.[227-1] - - [Footnote 227-1: No. 599.] - -As for the manors of Caister and Cotton, it does not appear that Lord -Scales ever carried out his intention so far as the latter was -concerned; nor had he taken possession even of the former some time -after John Paston was committed to the Fleet. That occurrence must have -taken place about the middle of the month of August,[227-2] and towards -the end of September we have evidence that Sir John Paston was in -Caister Castle keeping possession for his father.[227-3] But the Paston -family had been warned of the danger, and we may be well assured that -they did not neglect the warning in either case. Indeed, the question -how to make matters secure at Caister seems to have been the principal -difficulty that caused Margaret to delay her journey up to London. As to -Cotton, we shall see ere long that very effectual means were taken to -secure possession there. - - [Footnote 227-2: On the 18th August Margaret Paston was still - hoping that her husband would find it possible to come home - himself, and save her the necessity of going up to London to see - him. _See_ No. 604. But we know that he was imprisoned before the - 28th of the month. No. 606.] - - [Footnote 227-3: No. 610 (vol. iv. p. 192).] - -[Sidenote: Margaret Paston visits her husband in prison.] It would -appear that when Margaret knew her husband was in prison she determined -to delay no longer, but to visit him in London at all costs. Early in -September she had already gone to him, and her son, John Paston the -youngest, wrote to her from Norwich on the 14th, advising her, among -other things, to visit the Rood of North-door (a cross beside St. Paul's -Cathedral), and St. Saviour's at Bermondsey, during her stay in the -capital. 'And let my sister Margery,' he suggests, 'go with you, to pray -to them that she may have a good husband or she come home again.' It is -difficult to tell whether this means devotion or sightseeing, jest or -earnest. The young man had already seen a good deal of life, and was -familiar with the principal attractions of the great city, to which in -all probability his mother was as great a stranger as his young sister. -Even the dame who had the care of his father's apartments in the prison -was not unknown apparently to John Paston the youngest. 'And the Holy -Trinity,' he writes, 'have you in keeping, and my fair Mistress of the -Fleet.' - -John Paston the father does not seem to have been very uncomfortable in -prison. He made friends in the place of his confinement, and among other -persons became acquainted with Henry, Lord Percy, son of the attainted -Earl of Northumberland, who was afterwards restored by King Edward to -his father's earldom. His spirits, indeed, if we may judge from his -correspondence, were at this time particularly buoyant; for after his -wife had taken leave of him to return homeward he wrote her a letter the -latter half of which was composed of doggerel rhyme, jesting about -having robbed her portmanteau, and referring her for redress to Richard -Calle, whose ears he bade her nail to the post if he did not pay her the -value. In none of his previous correspondence does he indulge in verse -or betray anything of this rollicking humour. The only subject on which -he even insinuates a complaint is the weather, which seems to have been -unnaturally cold for September. He speaks of it satirically as 'this -cold winter,' and wishes his wife to send him some worsted for doublets -in which to protect himself from the severity of the season. But even in -this we can tell that he is jesting, for he explains himself that he -wishes to have a doublet entirely composed of the wool manufactured at -Worsted, for the credit of his native county. And so far is he from -wishing it for the sake of warmth, that he particularly desires to -procure a fine quality of worsted 'almost like silk,' of which William -Paston's tippet was composed.[229-1] - - [Footnote 229-1: No. 609.] - -[Sidenote: Margaret Paston enters Cotton.] On her way back to Norfolk, -Margaret Paston entered the manor of Cotton and remained in it for three -days. She had sent a message to her son John Paston the youngest at -Hellesdon to come and meet her there,[229-2] and he came along with -Wykes and twelve others, whom she had left at her departure to keep -possession and collect the rents. It was within a week of Michaelmas -Day, when rents fell due. As yet Lord Scales had made no attempt to -seize upon this property. Sir Gilbert Debenham had occupied the manor -for some years undisturbed, and he was doubtless considerably taken by -surprise when he found that a lady on her way home from London had -entered and taken possession in the name of John Paston. But when he -heard that young John Paston was gathering money of the tenants, he -raised a body of 300 men to expel the intruder. Young John Paston was -expecting reinforcements to his little band from Caister or elsewhere, -but they did not come; so that his position would have been a critical -one had not some one been his friend in the household of the Duke of -Norfolk. Sir Gilbert was the duke's steward, and John Paston the -youngest was still in the duke's service. A yeoman of his lordship's -chamber represented to that nobleman that there was imminent risk of a -quarrel between two of his men, which would be a great 'disworship' to -his grace. The duke sent for the two immediately to attend upon him at -Framlingham Castle, and proposed to them terms of compromise until the -matter could be thoroughly investigated. He desired that neither party -should muster men, that the court should be 'continued'--that is to say, -adjourned--till he himself should have had an opportunity of speaking -both with John Paston the father and on the other side with Yelverton -and Jenney, who had conveyed to Debenham the title on which he founded -his claim to the manor. Meanwhile he proposed that the place should be -kept by some indifferent person to be chosen by both parties. - - [Footnote 229-2: _See_ No. 613. The heading of this letter is - unfortunately wrong. Deceived by the facsimile to which Fenn - refers as showing the character of the signature, I attributed the - letter to Sir John Paston. But Margaret Paston expressly says it - was John Paston the younger whom she left at Cotton (No. 610), and - this letter must therefore have been written by him. Besides, the - writer himself mentions that the dispute with Debenham was - referred to the Duke of Norfolk to avoid the scandal of a quarrel - _between two of his men_. It was not Sir John Paston, but his - brother, that was in the Duke of Norfolk's service.] - -To these terms John Paston the youngest would not assent without -consulting his mother, who had again come over from Norwich, or perhaps -from Caister, to see how matters went. But after a conference, they sent -an answer to the duke, declaring that they could not give up possession -of the place, but out of their anxiety for peace, and to satisfy his -lordship, they were willing to desist meanwhile from collecting rents, -if the opposite party would engage not to distrain or keep courts there -either. To this compromise Sir Gilbert said that he agreed, provided it -met with the approval of Yelverton and Jenney; and the Duke of Norfolk, -who was going up to London in anticipation of his birthday when he -attained his majority, left all the sooner in the hope of bringing this -matter to a favourable settlement.[230-1] - - [Footnote 230-1: Nos. 613, 614.] - -Thus far, at least, the entry into Cotton had been a distinct success. -The compromise was greatly in favour of the Pastons, for an appeal to -force would almost certainly have gone against them, and, though they -engaged for the time to abstain from taking more money of the tenants, -they had already succeeded in collecting almost all that they expected -to receive for Michaelmas term.[230-2] So Margaret Paston on her return -to Norfolk, and her son, when he was summoned to London shortly -afterwards, to attend the duke on his coming of age,[231-1] may each -have left Cotton with feelings akin to triumph. But scarcely had the -former returned to Norwich when she discovered to her dismay that her -clever manoeuvre in Suffolk had left the family interests insufficiently -protected elsewhere. The Duke of Suffolk had not only a great number of -men at Cossey, but he had a powerful friend within the city of Norwich. -Thomas Elys, the new mayor, was so flagrantly partial, that he had said -at Drayton he would supply my lord of Suffolk with a hundred men -whenever he should require them, and if any men of the city went to -Paston he would lay them fast in prison.[231-2] Hellesdon, -unfortunately, lay midway between Cossey and the city of Norwich, and as -it was not now assize time there was practically no control over such -magnates as the Duke of Suffolk and the mayor. So, on the morning of -Tuesday the 15th of October, one Bottisforth, who was bailiff for the -duke at Eye, came to Hellesdon, arrested four of John Paston's servants, -and carried them off to Cossey without a warrant from any justice of the -peace. His intention, he said, was to convey them to Eye prison along -with as many more of Paston's adherents as he could lay his hands on. -That same day the duke came to Norwich with a retinue of 500 men. He -sent for the mayor and aldermen with the sheriffs, and desired them in -the king's name to make inquiry of the constables in every ward of the -city what men had taken part with Paston in recent gatherings. Any such -persons he requested that they would arrest and punish, and send their -names to him by eight o'clock on the following day. On this the mayor -arrested one Robert Lovegold, brasier, and threatened him that he should -be hanged, though he had only been with Margaret Paston at Lammas, when -she was menaced by the companies of Harleston and the bailiff of -Cossey.[231-3] - - [Footnote 230-2: No. 613.] - - [Footnote 231-1: No. 614.] - - [Footnote 231-2: No. 581.] - - [Footnote 231-3: No. 616.] - -[Sidenote: Attack on Hellesdon.] Scarcely one of Paston's servants now -durst openly show himself abroad, and, the duke having the city at his -command, his followers made, that same Tuesday, a regular assault on the -place at Hellesdon. The slender garrison knew that it was madness to -resist, and no opposition was offered. The duke's men took possession, -and set John Paston's own tenants to work, very much against their -wills, to destroy the mansion and break down the walls of the lodge, -while they themselves ransacked the church, turned out the parson, and -spoiled the images. They also pillaged very completely every house in -the village. As for John Paston's own place, they stripped it completely -bare; and whatever there was of lead, brass, pewter, iron, doors, or -gates, or other things that they could not conveniently carry off, they -hacked and hewed them to pieces. The duke rode through Hellesdon to -Drayton the following day, while his men were still busy completing the -work of destruction by the demolition of the lodge. The wreck of the -building, with the rents they made in its walls, is visible even -now.[232-1] - - [Footnote 232-1: Nos. 616, 617.] - -This was carrying things with the high hand; but it did not improve the -Duke of Suffolk's popularity at Norwich, and it created no small -sympathy with Paston and his tenants. 'There cometh much people daily,' -wrote Margaret Paston to her husband, 'to wonder thereupon, both of -Norwich and of other places, and they speak shamefully thereof. The duke -had been better than a thousand pound that it had never been done; and -ye have the more good will of the people that it is so foully done.' -Margaret was anxious that the effects of the outrage should be seen -before winter came on by some one specially sent from the king to view -and report upon the ruin. But no redress was obtained while her husband -lived, and even some years after his death his sons petitioned for it in -vain. - - -_John Paston's Latter Days_ - -The chagrin and mortification inflicted upon John Paston by an injury -like this may not unlikely have contributed to shorten his days. The -correspondence is scanty from the end of October 1465 till some time -after his death, which occurred in London in May of the following year. -We know nothing of the nature of the illness which carried him off; but -three imprisonments in the course of five years, accompanied with a -great deal of anxiety about his newly acquired property, the intrigues -of lawyers and the enmity of great men, must have exercised a depressing -influence even on the stoutest heart. He appears to have been released -from prison some time before his death, [Sidenote: A.D. 1466.] and was -so far well in February that he had a conference in Westminster Hall -with William Jenney, who desired at last to come to some agreement with -him. But the great lawsuit about Fastolf's will remained still -undecided, and he left to his son Sir John an inheritance troubled by a -disputed claim. He died on the 21st or 22nd May[233-1] 1466. His remains -were carried down into Norfolk and buried with great magnificence in -Bromholm Abbey.[233-2] - - [Footnote 233-1: No. 648. I do not know Fenn's authority for - saying it was on the 26th May. Perhaps it is only a misprint.] - - [Footnote 233-2: No. 637.] - -Of his character we see fewer indications than might have been expected -in a correspondence extending over more than twenty years, and perhaps -we are in danger of judging him too much from the negative point of -view. A man of business habits and of little humour, but apparently of -elastic spirits and thorough knowledge of the world, he was not easily -conquered by any difficulties or overwhelmed by misfortunes. His early -experience in that dispute with Lord Molynes about Gresham must have -taught him, if he needed teaching, the crookedness of the times in which -he lived, and the hopelessness of trusting to mere abstract right and -justice for the protection of his own interests. But by unwearied -energy, by constant watchfulness, by cultivating the friendship of Sir -John Fastolf and the goodwill of the world in general, he succeeded in -asserting for himself a position of some importance in his native -county. That he was, at the same time, grasping and selfish to some -extent, is no more than what we might be prepared to expect; and it -would seem there were complaints to this effect even among the members -of his own family.[233-3] As a parent he appears to have been somewhat -unamiable and cold-hearted. Yet it is mainly to his self-seeking, -businesslike character that we owe the preservation of so valuable a -correspondence. He knew well the importance of letters and of documents -when rights came to be contested, and he was far more anxious about -their security than about all the rest of his goods and chattels.[234-1] - - [Footnote 233-3: Nos. 644, 645.] - - [Footnote 234-1: No. 649.] - -[Sidenote: Sir John Fastolf's will.] Such being the nature of the man, -and his personal history being as we have seen, what are we to say of -the dark suspicion thrown upon his conduct in one important matter by -his personal enemy Sir William Yelverton, and even by his quondam friend -William Worcester? If their contention was true, the great addition made -to the fortunes of the Paston family on the death of Sir John Fastolf -was only due to a successful forgery. The will on which John Paston -founded his claim to Caister, as well as to the manors of Drayton and -Hellesdon, Cotton, Calcotes, and the whole of Fastolf's lands in the -counties of Norfolk and Suffolk, was denounced by them as a fabrication -and not the genuine will of Sir John Fastolf. And we must own that there -are many things which seem to make the imputation credible. We have, -unfortunately, only a portion of the depositions taken in the lawsuit, -and these are entirely those of the adverse party, with the exception of -two separate and individual testimonies given in Paston's favour.[234-2] -We ought, therefore, undoubtedly to be on our guard against attaching -undue weight to the many allegations of perjury and corruption against -Paston's witnesses, as it is certainly quite conceivable that the -interested testimony was on the other side, and it is truly shown in -John Paston's own comments upon the evidence that the proofs given were -insufficient. But, on the other hand, it is a very suspicious -circumstance that a will drawn up by Fastolf on the 14th June before his -death, was altered on the 3rd November so as to confer special powers in -the administration to John Paston and Thomas Howes, and to give a large -beneficiary interest to the former.[234-3] It is also singular that -there should be three separate instruments of this latter date, each -professing to be Fastolf's will.[234-4] And it by no means tends to -allay suspicion when we find that two years after John Paston's death, -and very shortly before his own, the parson Thomas Howes, a Grey Friar, -and partner with him in the principal charge of the administration of -the alleged last will, made a declaration 'for the discharge of his -conscience' that the document was a fabrication.[235-1] - - [Footnote 234-2: Nos. 541, 543.] - - [Footnote 234-3: No. 385.] - - [Footnote 234-4: Nos. 385-387.] - - [Footnote 235-1: No. 689.] - -This evidence might seem at first sight decisive and extremely damaging -to the character of John Paston. But even here we must not be too -precipitate in our conclusion. It is, for one thing, fairly open to -remark that if this subsequent declaration of Sir Thomas Howes was an -impeachment of Paston's honesty, it was no less so of his own; so that -it becomes a question whether he was more honest at the time he was -acting in concurrence with Paston or at the time of his professed -repentance when he made this declaration. But on the whole we may admit -that the latter alternative is more probable, and we frankly own it as -our belief that Sir Thomas Howes, in his latter days, felt scruples of -conscience with regard to the part he had taken in defending for his -master Paston the validity of what, after all, he considered to be a -questionable document. Yet what are we to say, in this case, to the -testimony of another Grey Friar, our old friend Dr. Brackley, who had -drawn up the final agreement between Fastolf and Paston relative to the -college, got it engrossed on indented parchment, read it to Sir John, -and saw him put his seal to it?[235-2] It was Brackley's dying -testimony, when he was shriven by Friar Mowth, and informed that there -were serious imputations on his conduct in reference to this matter, -that as he would answer before God, in whose presence he was soon to -appear, the will which John Paston produced in court was the genuine -will of Sir John Fastolf. This testimony, too, he repeated unsolicited -when, after seeming to rally for a day or two, he sank again, and saw -himself once more in the presence of death.[235-3] Truly, if it seem -hard to doubt the declaration of Sir Thomas Howes, it is harder still to -cast suspicion on Brackley's dying evidence. - - [Footnote 235-2: No. 606 (vol. iv. pp. 183-4).] - - [Footnote 235-3: No. 666.] - -The true explanation of these discrepancies may, however, involve less -serious charges against the character either of Paston, Brackley, or -Howes than would at first sight appear inevitable. The question was not -really one about the authenticity of a document, but about the exact -nature of a dying man's will. The document avowedly had not Fastolf's -signature attached; it seems that he was too ill to write. For some -years before his death I do not find Fastolf's own signature attached to -any of his letters. The point in dispute was whether it really -represented Fastolf's latest intentions as to the disposal of his -property. True, it bore Fastolf's seal of arms, which Yelverton and -Worcester at first endeavoured to prove must have been affixed to it -after his death. But Paston seems to have shown most successfully that -this was impossible, as Fastolf's seal of arms was at his death -contained in a purse sealed with his signet, and the signet itself was -at that time taken off his finger, and sealed up in a chest under the -seals of several of the executors.[236-1] Moreover, Paston's statements -went to show that the terms of the will were settled in various -conferences with Sir John during the months of September, October, and -the beginning of November, and that corrections had been made in it by -his express desire. With all this, however, it may have been a delicate -question whether the latest corrections were truly in accordance with -Fastolf's mind, and doubts may have been fairly entertained on the -subject by Sir Thomas Howes; especially when we consider that on the day -the will was dated Fastolf was utterly unable to speak articulately, so -that no one could hear him without putting his ear close to the mouth of -the dying man.[236-2] With regard to John Paston's part in the matter, -he was not present when Fastolf's seal was put to the document, so that -the validity of that act rested entirely upon the testimony of others, -particularly Dr. Brackley. And as to the charge of his 'fabricating' the -will, it was never denied that he drew it up, or took a considerable -part in doing so; the only question is how far he did so in accordance -with Sir John Fastolf's own instructions. - - [Footnote 236-1: No. 606 (vol. iv. p. 183).] - - [Footnote 236-2: No. 565 (vol. iv. p. 104); No. 639 (vol. iv. p. - 240).] - -Some important matters of fact, indeed, were asserted by Paston in -support of his case, and contested by the opposite side. Among other -things, it was contended that in the autumn of the year 1457, two years -before his death, Sir John Fastolf had actually made estate to John -Paston of the manor of Caister and other lands in Norfolk, and thereupon -given him livery of seisin with a view to the foundation of the -college:[237-1] also that the will made in 1459 was an imperfect -document, in which no executors were named, and to which no seal was -attached.[237-2] If these allegations were true, there was, after all, -no great alteration in Sir John's intentions during the last two years -of his life. On the other hand, Sir Thomas Howes, in his later -declaration, asserts that only a year before Fastolf's death he had, at -Paston's desire, urged Sir John to allow Paston to buy three of his -manors and live in his college; at which proposition the old knight -started with indignation, and declared with a great oath, 'An I knew -that Paston would buy any of my lands or my goods, he should never be my -feoffee, nor mine executor.' But even Howes acknowledges that he was -willing to allow Paston a lodging for term of his life within the manor -of Caister.[237-3] - - [Footnote 237-1: Vol. iii. No. 386; vol. iv. Nos. 541, 606 (p. - 183), 639 (p. 237).] - - [Footnote 237-2: No. 606, p. 182 (vol. iv.).] - - [Footnote 237-3: No. 689.] - -The whole controversy affords certainly an admirable illustration of the -inconvenient state of the law before the passing of the Statute of Uses -in the days of Henry VIII. The hearing of all causes touching the wills -of dead men belonged to the spiritual courts of the Church, which did -not own the king's jurisdiction. The king's courts, on the other hand, -had cognisance of everything affecting real property. No lands or -tenements could be bequeathed by will, because the courts of common law -would not give effect to such an instrument. But legal ingenuity had -found the means to enable wealthy persons to bequeath their lands as -well as their goods to whomsoever they pleased. A man had only to -execute a conveyance of his lands to a body of trustees, who thereupon -became in law the owners, express provision being made at the same time -that they were to hold it for his use so long as he lived, and after his -death for the use of certain other persons named in his will, or for -such purposes as might therein be indicated. By this indirect means a -title in lands was very effectually conveyed to a legatee without any -abatement of the original owner's control over his own property so long -as he lived. But the practice gave rise to a multitude of -inconveniences. Private bargains, legal quibbles and subtleties, crafty -influences brought to bear upon dying men, great uncertainty as to the -destination of certain properties, were among its frequent results. At -the very last moment, when the dying man, perhaps, was in imperfect -possession of his faculties, mere words, or even a nod or sign, might -affect the title to very large estates. And almost by the very nature of -the case, wherever a trust was instituted like that of Sir John Fastolf, -all the pettifogging devices of legal chicanery were necessarily brought -into play, either to establish a title or to contest it.[238-1] - - [Footnote 238-1: See the preamble to the Statute of Uses, 27 Henry - VIII. c. 10.] - - -_Sir John Paston_ - -Sir John Paston now stepped into his father's place, as heir to Caister -and to Fastolf's other possessions in Norfolk and Suffolk. But before he -could vindicate his rights in any part of them it was necessary that he -should wipe out that stain upon his pedigree which had been devised by -calumny in bar of the claims made by his father. The case came before -the king himself in council. An array of court rolls and other ancient -records was produced by the family, to show that they had been lords of -the soil in Paston from a very remote period. Some of their title-deeds -went back as far as the reign of Henry III., and it was shown that their -ancestors had given lands to religious houses in that reign. Indeed, so -little truth was there in the imputation that John Paston the father was -a bondman, that his ancestors, certainly by the mother's side if not by -the father's also, had been the owners of bondmen. The evidences were -considered satisfactory, and the family were declared by the king's -council to be fully cleared of the imputation. The lands, of which Lord -Scales had taken possession for about half a year,[239-1] were restored -to Sir John Paston by a warrant under the king's signet, dated on the -26th July, little more than two months after the death of John Paston -the father.[239-2] - - [Footnote 239-1: _Itin._ W. Worc., 323, where it is said that Lord - Scales 'custodivit hospicium in Castre per spacium dimidii . . .' - The blank must surely be supplied by the word _anni_.] - - [Footnote 239-2: Nos. 641, 643.] - -[Sidenote: Tournament at Eltham.] After this Sir John Paston was much at -court, and Lord Scales became his special friend. Even as early as the -following April we find Sir John taking part in a tournament at Eltham, -in which the king, Lord Scales, and himself were upon one side.[239-3] -But the favour with which he was regarded at court both by the king and -the Lord Scales appeared more evidently one year later, [Sidenote: A.D. -1468.] when the king's sister Margaret went over to the Low Countries to -be married to Charles, Duke of Burgundy. [Sidenote: Marriage of -Margaret, sister of Edward IV., to Charles the Bold, Duke of Burgundy.] -This match had been more than a year in contemplation, and was highly -popular in cementing the friendship of England and Burgundy in -opposition to France. On the 1st May 1467 a curious bargain or wager was -made by Sir John Paston as to the probability of its taking effect -within two years.[239-4] But on the 18th April 1468 he received a -summons from the king to be prepared to give his attendance on the -princess by the 1st June following, and to accompany her into -Flanders.[239-5] Not only he, but his brother John Paston the younger, -crossed the sea in the Lady Margaret's train; and we are indebted to the -latter for an interesting account of the marriage and of the tournaments -which followed in honour of it. Young John Paston was greatly struck -with the splendour of the Burgundian court. He had never heard of -anything like it, he said, except the court of King Arthur.[239-6] But -his brother seems to have found another attraction abroad which -fascinated him quite as much as all the pageants and the tournaments in -honour of the Lady Margaret. - - [Footnote 239-3: No. 665.] - - [Footnote 239-4: No. 667.] - - [Footnote 239-5: No. 683.] - - [Footnote 239-6: No. 684.] - -[Sidenote: Sir John Paston and Anne Haute.] There lived, probably in the -town of Calais, a certain Mrs. Anne Haute, a lady of English extraction -and related to Lord Scales, whom Sir John Paston seems on this occasion -to have met for the first time. Having been perhaps all her life abroad, -she appears to have had an imperfect command of the English language; at -least Sir John, in proposing to open a correspondence, wrote to her, -'Mistress Annes, I am proud that ye can read English.' For the rest we -must not attempt to portray the lady, of whose appearance and qualities -of mind or body we have no account whatever. But perhaps we may take it -for granted that she was really beautiful; for though Sir John was a -susceptible person, and had once been smitten before, his friend Daverse -declared him to be the best chooser of a gentlewoman that he -knew.[240-1] It is a pity that with this qualification his suit was not -more successful. It went on for several years, but was in the end broken -off, and Sir John Paston lived and died a bachelor. - - [Footnote 240-1: No. 660.] - -[Sidenote: A troubled inheritance.] But Sir John was heir to the -troubles of a lawsuit, and his property was continually threatened by -various claimants both at Hellesdon and at Caister. His mother writes to -him on one occasion that Blickling of Hellesdon had come from London, -'and maketh his boast that within this fortnight at Hellesdon should be -both new lords and new officers. And also this day Rysing of Fretton -should have heard said in divers places, there as he was in Suffolk, -that Fastolf of Cowhaw maketh all the strength that he may, and -proposeth him to assault Caister and to enter there if he may, insomuch -that it is said that he hath a five-score men ready, and sendeth daily -espies to understand what fellowship keep the place.' For which reason -Margaret Paston urges her son to send home either his brothers or -Daubeney to command the garrison, for, as he well knew, she had been -'affrayed'[240-2] there before this time, and she could not 'well guide -nor rule soldiers.'[240-3] Another time it is intimated to Sir John that -the Duchess of Suffolk means to enter into Cotton suddenly at some time -when few men should know what she is going to do.[240-4] And this -intention she seems to have fully accomplished, for in the beginning of -the year 1469 the Earl of Oxford sends Sir John a friendly warning that -she means to hold a court there next Monday with a view to proving that -the manor of Cotton Hemnales is holden of her by knight's -service.[241-1] So that altogether Sir John Paston's inheritance was -held by a very precarious tenure, and his mother, like a prudent woman, -advises him 'not to be too hasty to be married till ye were more sure of -your livelode.'[241-2] - - [Footnote 240-2: That is to say, menaced, if not attacked, an - 'affray' being made upon her. It is curious to meet here our - familiar word 'afraid' in its original form and signification.] - - [Footnote 240-3: No. 671.] - - [Footnote 240-4: No. 690.] - - [Footnote 241-1: No. 696.] - - [Footnote 241-2: No. 704.] - -The old dispute with the executors, however, was compromised in the -court of audience: and the Archbishop of Canterbury, Bishop Waynflete, -and Lord Beauchamp granted to Sir John full right in the manor of -Caister, and a number of other lands both in Norfolk and Suffolk.[241-3] -Sir John soon afterwards conveyed a portion of the Suffolk property -called Hemnales in Cotton and the manor of Haynford to the Duke of -Norfolk and others.[241-4] William Worcester became friends with John -Paston's widow, imputed his old misunderstanding with her husband to the -interference of others between them, and expressed himself well pleased -that Caister was to be at her command. 'A rich jewel it is at need,' -writes Worcester, 'for all the country in time of war; and my master -Fastolf would rather he had never builded it than it should be in the -governance of any sovereign that would oppress the country.' At the same -time it seemed very doubtful whether Fastolf's intention of founding the -college there could be carried out, and Worcester had some conferences -with Sir John Paston about establishing it at Cambridge. Bishop -Waynflete had already proposed doing so at Oxford; but Cambridge was -nearer to the county of Norfolk, and by buying a few advowsons of -wealthy parsonages an additional foundation might be established there -at considerably less cost than by the purchase of manors. In this -opinion Sir John Paston and William Worcester coincided, and the former -promised to urge it upon Bishop Waynflete.[241-5] - - [Footnote 241-3: No. 675. The deed, perhaps, was found to be - irregular afterwards, for its general effect was confirmed about - five months later by another instrument. No. 680.] - - [Footnote 241-4: No. 677.] - - [Footnote 241-5: No. 681.] - -Sir John Paston had now some reason to expect that with the settlement -of this controversy he would have been left for life in peaceful -possession of Caister. That which his father had not been able to attain -was now apparently conceded to him: and even if Sir William Yelverton -was still dissatisfied, the other executors had formally recognised his -rights in the court of audience. But before many months had passed it -appeared that Yelverton could still be troublesome, and he found an ally -in one who had hitherto been his opponent. [Sidenote: Sir Thomas Howes -unites with Yelverton,] Sir Thomas Howes was probably failing in -health--for he seems to have died about the end of the year -1468[242-1]--when he made that declaration 'for the discharge of his -conscience' to which we have already alluded. Scruples seem to have -arisen in his mind as to the part he had taken with Sir John Paston's -father in reference to the administration of Fastolf's will, and he now -maintained that the will nuncupative which he himself had propounded -along with John Paston in opposition to an earlier will propounded by -Yelverton and Worcester, was a fabrication which did not truly express -the mind of the deceased. We may observe, though the subject is -exceedingly obscure, that of the three wills[242-2] printed in Volume -III., each of which professes to be the will of Sir John Fastolf, the -third, which is in Latin, is clearly a will nuncupative declaring the -testator's mind in the third person, and defining the powers of the -executors in regard to his goods and chattels.[242-3] - - [Footnote 242-1: _See_ preliminary note to No. 703.] - - [Footnote 242-2: Nos. 385-7.] - - [Footnote 242-3: The other two have relation to his lands, and are - not inconsistent with each other; but the first is drawn up in the - name of the testator himself, while the second speaks of him in - the third person. The second is, in fact, a note of various - instructions given by the testator in reference to his property on - the 2nd and 3rd days of November before he died, and its contents - may have been fully embodied in the first, when the will was - regularly drawn up; but the first is printed from a draft which is - probably imperfect.] - - [[Sidenote: Sir Thomas Howes unites with Yelverton, - _not an error: sentence continues below_]] - -It was apparently this nuncupative will that Howes declared to be -spurious. The validity of the others touching his lands depended upon -the genuineness of a previous bargain made by Fastolf with John Paston, -which was also disputed. But it was the nuncupative will that appointed -ten executors and yet gave John Paston and Thomas Howes sole powers of -administration, except in cases where those two thought fit to ask their -assistance. This will seems to have been drawn up mainly by the -instrumentality of one Master John Smyth, whom Howes afterwards -denounced as 'none wholesome counsellor.'[243-1] Howes now combined with -Yelverton in declaring it to be spurious.[243-2] - - [Footnote 243-1: No. 681.] - - [Footnote 243-2: Nos. 688-9.] - -[Sidenote: and they sell Caister to the Duke of Norfolk.] The result of -this allegation was that Yelverton and Howes took it upon them, as -executors of Sir John Fastolf, to recommend to Archbishop Bourchier that -the Duke of Norfolk should be allowed to purchase the manor of Caister -and certain other lands in Norfolk, and that the money received for it -should be spent in charitable deeds for the good of Fastolf's soul. The -transaction was not yet completed,[243-3] but the duke immediately -proceeded to act upon it just as if it were. He did not, indeed, at once -take possession of the place, but he warned the tenants of the manor to -pay no money to Sir John, and his agents even spoke as if they had the -king's authority. On the other hand, Sir John had the support of -powerful men in the king's council--no less persons than the great Earl -of Warwick and his brother, the Archbishop of York, who had lately been -Lord Chancellor, and was hoping to be so again. The Earl of Warwick had -spoken about the matter to the duke even in the king's chamber, and the -archbishop had said, 'rather than the land should go so, he would come -and dwell there himself.' [Sidenote: Archbishop Nevill.] 'Ye would -marvel,' adds the correspondent who communicates the news to Sir John -Paston, 'ye would marvel what hearts my lord hath gotten and how this -language put people in comfort.' It had its effect upon the Duke of -Norfolk, who saw that he must not be too precipitate. He was urged on, -it seems, by the duchess his wife, but he would go and speak to her and -entreat her.[243-4] - - [Footnote 243-3: 'The bargain is not yet made,' says an anonymous - writer on the 28th October. _See_ No. 690. Nevertheless an - ostensible title had been conveyed to the duke by a formal - document on the 1st October. _See_ No. 764.] - - [Footnote 243-4: Nos. 688, 690.] - -On the other hand, Yelverton and Howes seem to have been pretty -confident that my Lord of York would not be chancellor again unless -their bargain with the duke was ratified. The Nevills were no longer -regarded with favour at court. The coolness which had existed between -the king and Warwick ever since the marriage with Elizabeth Woodville -had last year come to an open rupture, and the Archbishop of York had -been at the same time dismissed from the office of chancellor. Soon -after the new year a reconciliation was effected through the medium of -private friends, and the archbishop conducted his brother the Earl of -Warwick to the king at Coventry.[244-1] But real confidence was not -restored, and party spirit was anxious that it never should be. Nor -could the public at large, perhaps, imagine the deep grounds of distrust -that Warwick had already given to his sovereign. - - [Footnote 244-1: W. Worc., 512-13.] - -Sir John Paston, nevertheless, was advised to put his trust chiefly in -the friendship of the Nevills and in the probable reinstatement of the -archbishop as Lord Chancellor. Another means, however, was not to be -neglected. Sir Thomas Howes might be gammoned, or bullied, or got over -in some way. He and Yelverton did not agree so well that it need be a -very hard matter to separate them. Sir John's friends hoped to secure -for him the good offices of the Bishop of Ely and a certain Master -Tresham, who, it was thought, could put it nicely to Sir Thomas Howes -half in jest and half in earnest, putting him 'in hope of the moon shone -in the water,' and telling him that such efforts were made 'that either -he should be a pope, or else in despair to be deprived _de omni -beneficio ecclesiastico_ for simony, lechery, perjury, and double -variable peevishness, and for administering without authority.' Such -were a few of the humours of the controversy.[244-2] - - [Footnote 244-2: No. 690.] - -[Sidenote: Sir John 'wages' men. A.D. 1469.] Better, however, than the -friendship of the great, was the security to be derived from keeping -Caister well guarded; and Sir John Paston immediately set about 'waging' -men to add to the little garrison.[244-3] With this he seems to have -been much occupied from November till January following, when by -repeated letters from the king he was commanded to desist from making -any assembly of the lieges, and to appear personally before the council -at Westminster.[244-4] The matter, apparently, was hung up for a time -without any decision being come to by the council. The friendship of -Archbishop Nevill could have done little to recommend the cause of Sir -John Paston to the king. On the other hand, if favour had anything to do -with the result, his cause was warmly advocated by Lord Scales, the -king's own brother-in-law, on account of Sir John's intended marriage -with his kinswoman, Anne Haute.[245-1] And it is certain that Judge -Yelverton had conferences with Lord Scales in the hope of coming to some -kind of understanding. But King Edward, as we have already said, had a -real desire to be impartial in the disputes and quarrels of his -subjects; and doubtless it was from a feeling of this that Sir John -Paston and his mother rejoiced to hear that it was the king's intention -to visit Norwich in the course of the ensuing summer. The rumour of this -intention, it was believed, had a powerful influence in inducing the -Duchess of Suffolk to remain at her family seat at Ewelme, in -Oxfordshire, that she might be out of the way if sent for by the king, -and plead age or sickness as her excuse.[245-2] The attempt made by her -son to dispossess Sir John Paston at Hellesdon could best be judged of -on the spot. And in Norfolk, too, the king would learn what was thought -of the Duke of Norfolk's claim to Caister. - - [Footnote 244-3: No. 691.] - - [Footnote 244-4: No. 698.] - - [Footnote 245-1: Nos. 704, 706, 707.] - - [Footnote 245-2: No. 704.] - -So it was hoped that the king's presence in the county would tell most -favourably on Sir John Paston's interests. And there was one -circumstance in particular of which advantage might be taken. As Edward -was to go from Norwich on pilgrimage to Walsingham, his way would of -necessity lie through Hellesdon and Drayton. The lodge whose walls the -Duke of Suffolk had caused to be broken down could hardly fail, from its -conspicuous position, to meet his eye, and perhaps some friend in the -king's suite could be got to call his attention to it and tell him the -story of the outrage. This Thomas Wingfield engaged to do, and promised -to get the king's own brother, the Duke of Gloucester, to join him in -pointing out the ruin. Promises were also obtained from Earl Rivers, the -queen's father, and from her brother Lord Scales and Sir John Woodville, -that they would urge the king to command the Dukes of Norfolk and -Suffolk to forbear claiming title to the lands of Sir John Fastolf. And -by the time the king took his departure from Norwich the Pastons were -encouraged to believe that steps had already been taken to end their -controversy with one if not with both dukes. Unfortunately the belief, -or at least the hope that it gave rise to, proved to be utterly -unfounded.[246-1] - - [Footnote 246-1: No. 716.] - -[Sidenote: The ruined lodge is shown to the king.] The king rode through -Hellesdon Warren on his way, as it had been expected that he would do. -The ruined lodge was pointed out to him by William Paston, Sir John's -uncle; but his answer was altogether at variance with what the -Woodvilles had led them to expect. The king said the building might have -fallen by itself, and if it had been pulled down, as alleged, the -Pastons might have put in bills at the session of _Oyer and Terminer_ -held by the judges when he was at Norwich. William Paston replied that -his nephew had been induced to hope the king himself would have procured -an amicable settlement with both the dukes, and therefore had forborne -to vindicate his rights by law. But the king said he would neither treat -nor speak for Sir John, but let the law take its course.[246-2] - - [Footnote 246-2: _Ibid._] - - -_Civil War--Public and Private_ - -Possibly on the eve of his departure from Norwich, the king had heard -news which took away all disposition he might once have entertained to -hear personally complaints against such noblemen as the Dukes of Norfolk -and Suffolk. [Sidenote: Robin of Redesdale's rebellion.] It was just -about the time of the insurrection of Robin of Redesdale in Yorkshire--a -movement got up under fictitious names and really promoted by the -discontented Earl of Warwick. From the day that Edward IV. had announced -himself a married man, and disconcerted the subtle promoters of an -alliance with France through the medium of the French king's -sister-in-law, Bona of Savoy,[246-3] the Earl of Warwick had not only -lost his old ascendency in the king's councils, but had seen his policy -altogether thwarted and his own selfish interests continually set aside. -He had been from the first in favour of an amicable compromise of the -dispute with France, while the young king owed not a little of his -popularity to the belief that he would maintain the old pretensions of -England, and vindicate them if necessary upon the field of battle. -Disappointed of one mode of promoting a French alliance, he had been -disappointed still further in 1467, when the king, to humour his -inclinations for a while, sent him over to France on embassy. The result -was that he was magnificently entertained by Louis XI., captivated by -the bland familiarity of the French monarch, and became for ever after -his most ready and convenient tool. If he had anything to learn before -in the arts of diplomacy and statecraft, he came back from France a -most accomplished scholar. Edward, however, pursued a course of his own, -treated the French ambassadors in England with rudeness, and cultivated -instead a close alliance with Burgundy, the formidable rival and lately -the enemy of Louis. He contracted his sister Margaret to the Duke of -Burgundy's eldest son, Charles, Count of Charolois, who became duke -himself in the following year, when the marriage was solemnised at -Bruges with a splendour no court in Europe could have rivalled. To crown -all, he announced in Parliament just before the marriage an intention to -invade France in person.[247-1] - - [Footnote 246-3: The story that the Earl of Warwick had gone to - France to negotiate the marriage of Edward with Bona of Savoy, - when Edward frustrated his diplomacy by marrying Elizabeth - Woodville, is certainly not in accordance with facts. But the - doubts of some modern historians that the project of such a match - was ever entertained are quite set at rest by the evidence of two - letters which have been recently printed in some of the - publications of the Société de l'Histoire de France, to which - attention is called by Mr. Kirk in his _History of Charles the - Bold_ (vol. i. p. 415 note, and ii. p. 15 note). It appears that - although the earl had not actually gone to France, he was expected - there just at the time the secret of the king's marriage was - revealed. Nor can there be a reasonable doubt--indeed there is - something like positive evidence to prove--that the first cause of - the Earl of Warwick's alienation from the king arose out of this - matter. I ought to add that the merit of placing before us for the - first time a clear view of the consequences of Edward IV.'s - marriage, in its bearing alike on the domestic history of England - and on Edward's relations with France and Burgundy, is due to Mr. - Kirk.] - - [Footnote 247-1: W. Worc., 513-14.] - -The Earl of Warwick dissembled. Charles of Burgundy was the man he hated -most,[247-2] but he conducted the Princess Margaret to the coast on her -way to Flanders. A number of personal wrongs and disappointments also -rankled in his breast, and gave birth to sinister projects for -gratifying a wounded ambition, and taking revenge upon an ungrateful -king, who owed it in no small degree to himself that he was king at all. -As yet Edward was without an heir-male. He had two daughters;[248-1] but -in the succession a brother might perhaps be preferred to a female. -Warwick could marry his eldest daughter to George, Duke of Clarence, and -encourage that vain prince in his expectation of the crown. The earl was -governor of Calais. At midsummer in the year 1469 the Duke of Clarence -stole across the sea without the leave of his brother, and landed in a -territory where Warwick was like an independent king. There the wedding -was celebrated by the Archbishop of York, the Earl of Warwick's brother. -Soon after it was over, the duke, the earl, and the archbishop returned -to England. - - [Footnote 247-2: _Contin. of Croyland Chronicle_, p. 551.] - - [Footnote 248-1: The two eldest daughters of Edward IV. were born - in the years 1465 and 1466; the third, Cecily, in the latter end - of 1469. _See_ Green's _Princesses_, vol. iii.; also an article by - Sir Frederic Madden, in the _Gentleman's Magazine_ for 1831 (vol. - ci. pt. i., p. 24).] - -And now it was that the king, after leaving Norwich and visiting the -famous shrine at Walsingham, found himself compelled to turn his steps -northwards and face the insurrection that had been secretly stirred up -by Warwick and his own brother. It appears by the Privy Seal dates that -he had reached Lynn on the 26th June.[248-2] He passed on through -Wisbeach with a company of two hundred horse to Crowland Abbey, where he -stayed a night, and sailed from thence through the fenny country up the -Nen to his father's castle of Fotheringay, one of his own favourite -residences.[248-3] From thence, when a number of troops had flocked to -his standard from all parts of the kingdom, he marched northwards to -Nottingham; where, apparently, he learned, to his no little -mortification, that his brother Clarence was in alliance with the Earl -of Warwick and Archbishop Nevill, and that it was questionable whether -they had not too good an understanding with the rebels in the North. -That such was the actual fact we know to a certainty. The insurgents -disseminated papers complaining that the kingdom was misgoverned, in -consequence of the undue influence of the queen's relations and one or -two other councillors, who had impoverished the crown by procuring large -grants of crown lands to themselves, and who had caused the king to -tamper with the currency and impose inordinate taxes. Worst of all, they -had estranged the true lords of the king's blood from his secret -council, and thereby prevented any check being placed on their rapacity -and misconduct.[249-1] - - [Footnote 248-2: He seems to have left Norwich on the 21st. There - are Privy Seals dated on that day, some at Norwich and some at - Walsingham.] - - [Footnote 248-3: _Contin. Chron. Croyl._ p. 542.] - - [Footnote 249-1: _See_ the petition printed by Halliwell in his - notes to _Warkworth's Chronicle_, pp. 47-51.] - -The Duke of Clarence, with Warwick and the archbishop, had no sooner -landed from Calais, than copies of these manifestoes were laid before -them, which they took it upon them to regard in the light of a petition -calling upon the lords of England generally, and themselves in -particular, to redress the evils of the state. They declared the -petition just and reasonable, promised to lay it before the king, and by -a proclamation under their signets, dated the 12th day of July, called -upon all who loved the common weal to meet them at Canterbury on Sunday -following, armed and arrayed to the best of their power.[249-2] Three -days before the date of this proclamation, the king at Nottingham had -addressed letters to the duke, earl, and archbishop separately, desiring -credence for Sir Thomas Montgomery and Maurice Berkeley, and expressing -a hope that the current rumour as to their intentions was -erroneous.[249-3] A hope altogether vain. The king was surrounded with -enemies, and no plan of action could be arranged among his friends. -Herbert, Earl of Pembroke, whom he had summoned from Wales, met at -Banbury with Humphrey, Lord Strafford of Southwick, lately created Earl -of Devonshire,[249-4] who came out of Devonshire to do battle with the -rebels. But the two leaders had a dispute about quarters; the Earl of -Devonshire withdrew eight or ten miles back; and Sir William Conyers, -the rebel captain, who had adopted the name Robin of Redesdale, -[Sidenote: Battle of Hedgecote, 26th July.] came down upon the Earl of -Pembroke and defeated him with great slaughter. The earl himself and his -brother Sir Richard Herbert were taken prisoners, and were shortly -afterwards put to death at Coventry, along with Lord Rivers and his son -Sir John Woodville, who were about the same time captured in the Forest -of Dean in Gloucestershire. They had parted from the king in alarm -before he came to Nottingham, and fled for safety towards Wales; but -their flight was to no purpose. [Sidenote: The king taken prisoner.] -Before their execution--apparently some time during the month of -August--the king himself was taken prisoner near Coventry by the -confederate lords, and led to Warwick Castle; from which place he was, -soon after his committal, transferred to Middleham, another castle of -the Earl of Warwick, in Yorkshire.[250-1] - - [Footnote 249-2: _See_ the proclamation immediately preceding the - above petition in the notes to _Warkworth's Chronicle_, pp. 46-7.] - - [Footnote 249-3: No. 719.] - - [Footnote 249-4: No. 714.] - - [Footnote 250-1: _Contin. Chron. Croyl._ pp. 542, 551. There are - Privy Seals dated on the 2nd August at Coventry; on the 9th, 12th, - and 13th at Warwick; and on the 25th and 28th at Middleham.] - -He was shortly afterwards released, and arrived in London in the -beginning of October. It was not easy to say what to do with such a -prisoner, and Warwick thought it best to let him go. He had done enough -for the present to show his power and wreak his revenge upon the -Woodvilles; and Edward, even when he was set at liberty, saw clearly -that prudence required him to forget the affront and not show himself in -any way offended.[250-2] - - [Footnote 250-2: No. 736.] - -But what kind of order could have prevailed throughout the kingdom at a -time when the king was a captive in the hands of his own subjects? For -the most part we know nothing of the facts, but perhaps we may judge to -some extent from what took place in a small corner of the county of -Norfolk. [Sidenote: Siege of Caister, A.D. 1469, Aug.] On Monday the -21st August,[250-3] the Duke of Norfolk began to lay a regular siege to -Caister Castle. Sir John Paston was at the time in London, and his -brother John kept the place as his lieutenant. At first the duke sent -Sir John Heveningham, a kinsman of Sir John Fastolf, to demand peaceable -entry, on the ground that he had bought the manor from Fastolf's -executor Yelverton; but on being refused admittance, he surrounded the -castle with a body of 3000 men.[251-1] Those within were not wholly -unprepared. They had rather more than a month's supply of victuals and -gunpowder, but they were only a handful of men. Sir John Heveningham, -who was appointed by the duke one of the captains of the besieging -force, had hitherto been friendly to the Paston family. He came and -visited old Agnes Paston at Norwich, and Margaret Paston thought he -might be induced to show a little favour to messengers coming from -herself or her son Sir John. But this he steadily refused to do, and -made a very suspicious suggestion for the settlement of the controversy, -which he requested Margaret to write to her son Sir John in London. -Could not the duke be allowed to enter peaceably on giving surety to Sir -John to recompense all wrongs, if the law should afterwards declare the -right to be in him? 'Be ye advised,' wrote Margaret, 'what answer ye -will give.'[251-2] - - [Footnote 250-3: At least William Worcester, in his _Itinerary_, - p. 321, seems to indicate in very bad Latin that the siege began - on the Monday before St. Bartholomew's Day, which in 1469 would be - the 21st August. Yet a very bewildering sentence just before would - imply that the siege began either on the Feast of the Assumption - of the Virgin (15th August) or on St. Bartholomew's Day itself - (24th August), and that it lasted five weeks and three days. But - we know that the castle surrendered on the 26th September, so that - if the duration of the siege was five weeks and three days it must - have begun on the 19th August, a different date still. William - Worcester's habit of continually jotting down memoranda in his - commonplace books has been of very great service to the historian - of this disordered epoch; but his memoranda reflect the character - of the times in their confusion, inconsistency, and - contradictions.] - - [Footnote 251-1: _Itin._ W. de Worc., 325.] - - [Footnote 251-2: No. 720.] - -Other proposals were shortly afterwards made on the duke's behalf, -nearly the same in character but with somewhat greater show of fairness. -The place, it was suggested, might be put in the keeping of indifferent -parties, who would receive the profits for the benefit of whoever should -prove to be the true claimant until the right could be determined, the -duke and Paston both giving security not to disturb these occupants in -the meanwhile. But who could be relied upon as indifferent, or what -power existed in the kingdom to secure impartiality at a time when the -king himself was a prisoner in the hands of his enemies? Margaret Paston -could but forward these suggestions to her son, with a warning to lose -no time in making up his mind about them. 'Send word how ye will be -demeaned by as good advice as ye can get, and make no longer delay, for -they must needs have hasty succour that be in the place; for they be -sore hurt and have none help. And if they have hasty help, it shall be -the greatest worship that ever ye had. And if they be not holpen it -shall be to you a great disworship; and look never to have favour of -your neighbours and friends but if this speed well.'[252-1] - - [Footnote 252-1: No. 720.] - -Unfortunately the only relief which Sir John Paston had it easily in his -power to obtain for the garrison was not in the shape of succours. Sir -John was in London, and did not know for certain how long they had the -power to hold out. But he addressed his complaints to the Duke of -Clarence and Archbishop Nevill, who now ruled in the name of the captive -king, and one Writtill, a servant of the former, was sent down to -procure a suspension of hostilities, preparatory, if possible, to a -settlement of the controversy. Terms were agreed upon by the lords in -London which it was thought might be honourably offered to both parties. -Apparently it was proposed that the Earl of Oxford, as a neutral person, -should be allowed to keep the place until a final decision had been come -to by a competent tribunal. But the Duke of Norfolk, after agreeing to -the suspension of hostilities, which only diminished by so many days' -allowance the scanty provisions of the garrison, utterly rejected the -conditions which some of his own relations in the king's council had -given it as their opinion that he ought not to refuse. On the other -hand, Sir John Paston in London, fondly believing that the store of -victuals within the place would last a much longer period, caught at an -eager hope of obtaining a message from the king which would compel -Norfolk to withdraw his forces, and in this idle expectation he was -foolish enough to urge Writtill to get the truce prolonged a few days -further. Shortly afterwards he received a letter from his mother which -ought to have opened his eyes. Victuals, she informed him, were failing -in the garrison; his brother and the little band within stood in great -danger; Daubeney and Berney, two of their captains, were dead, and -several others were wounded; the walls were severely battered, and the -supply of gunpowder and arrows would very soon be exhausted. Since -Writtill's attempt at negotiation the Duke of Norfolk had been more -determined than ever to win the place, and with a view to a grand -assault, whenever the truce should expire, he had sent for all his -tenants to be there on Holy Rood day, the 14th September. If Sir John -Paston had it in his power to relieve the garrison, let him do it at -once. If not, let him obtain letters from the Duke of Clarence or the -lords in London addressed to the Duke of Norfolk, to allow them to quit -the place with their lives and goods.[253-1] - - [Footnote 253-1: Nos. 722-6.] - -Sir John Paston still would not believe that the case was desperate. He -had repeatedly declared that his desire to preserve the stronghold was -exceeded only by his anxiety for the lives of his brother and those -within. But what evidence was there to justify his mother's -apprehensions? Daubeney and Berney had been alive the Saturday before, -and since that day no one could have got leave to pass outside. Truce -had been prolonged till Monday following, and he expected it to be -renewed for another week. He had heard far worse tidings before than his -mother told him now. As for means of relief to the besieged, the Duke of -Clarence and Archbishop Nevill were no longer in London, but he was -expecting an answer from the king in Yorkshire, which ought to arrive by -Wednesday at farthest, and his mother might rest assured there could not -possibly be any fear of victuals or gunpowder running short. When all -else failed, a rescue he would certainly procure, if all the lands he -held in England and all the friends he had would enable him to obtain -it. But this was the very last remedy that could be thought of. It would -not agree with the attempt to get the king or lords to interfere. It -would besides cost fully a thousand crowns, and how to raise the money -he was not sure. How much could his mother herself raise by mortgage, -and what friends could she obtain to give their aid?[253-2] - - [Footnote 253-2: No. 725.] - -[Sidenote: Caister surrenders.] Unluckily, while Sir John Paston was -devising means how, after another week or fortnight's truce, effectual -relief might at last be conveyed to the besieged, they were reduced to -such extremities as to be compelled to capitulate. Owing to the -representations that had been made in their behalf by Cardinal Bourchier -and the Duke of Clarence, Norfolk allowed them to pass out in freedom, -with bag and baggage, horses and harness, leaving only behind them their -guns, crossbows and 'quarrels.'[254-1] Thus, after some weeks' suspense -and the loss of one valuable soldier (Margaret Paston was misinformed -about Berney being dead as well as Daubeney), the great castle in which -Fastolf intended the Pastons to reside and to found a college, and which -he was anxious that no great lord should occupy, fell into the hands of -the most powerful nobleman of Eastern England.[254-2] - - [Footnote 254-1: Square pyramids of iron which were shot out of - crossbows. The word is of French origin and was originally - _quarreaux_.] - - [Footnote 254-2: Nos. 730, 731.] - -Sir John Paston had now lost the fairest gem of his inheritance--or, as -he and his contemporaries called it, of his 'livelode.'[254-3] Hence it -was become all the more important that he should see to the remainder. -Just before the surrender of Caister, in answer to his appeal to see -what money she could raise, his mother by a great effort obtained for -him £10 on sureties, but it was all spent immediately in paying the -discharged garrison and some other matters. Ways and means must be found -to obtain money, for even his mother's rents did not come in as they -ought to have done, and she expected to be reduced to borrowing, or -breaking up her household. On consideration, he determined to part with -the manor of East Beckham, and to ascertain what was likely to be -realised by selling a quantity of wood at Sporle. The sale of East -Beckham--with all Paston's lands both in East and West Beckham, Bodham, -Sherringham, Beeston-near-the-Sea, Runton, Shipden, Felbrigg, Aylmerton, -Sustead and Gresham, places which lie a few miles to the west and south -of Cromer--was at length completed for the sum of 100 marks.[254-4] - - [Footnote 254-3: The modern confusion of this word with - _livelihood_--a word which properly means a lively condition--is - one of the things that would be unpardonable did not usage pardon - everything in language.] - - [Footnote 254-4: Nos. 733, 737, 738.] - -It was unfortunate for Sir John Paston's interests that at such a time -as this he happened to have a misunderstanding with his most faithful -bailiff and general manager of his property, Richard Calle. The -title-deeds of Beckham were in Calle's hands, but he at once gave up, -when required, both these and every one of the documents in his -possession relating to Paston's lands, and made a clear account of -everything to John Paston the younger.[255-1] The coolness had arisen -some months before the siege; the cause was a very old, old story. -Richard Calle had presumed to fall in love with Sir John Paston's sister -Margery. [Sidenote: Richard Calle and Margery Paston.] Margery Paston -had not disdained to return his affection. She at once fell into -disgrace with the whole family. Her eldest brother, Sir John, was in -London when he heard of it, and it was insinuated to him that the matter -was quite well known to his brother John and met with his approval. John -the younger hastened to disavow the imputation. A little diplomacy had -been used by Calle, who got a friend to inquire of him whether the -engagement was a settled thing, intimating that if it were not he knew -of a good marriage for the lady. But young John saw through the -artifice, and gave the mediator an answer designed to set the question -at rest for ever. 'I answered him,' writes young John himself to his -brother, 'that an my father (whom God assoil) were alive, and had -consented thereto, and my mother and ye both, he should never have my -goodwill for to make my sister to sell candle and mustard in -Framlingham.' If such a prospect did not disgust Margery herself, it was -clear she must have a very strong will of her own.[255-2] - - [Footnote 255-1: No. 737.] - - [Footnote 255-2: No. 710.] - -The anger of her relations was painful to bear in the extreme. For some -time Margery found it difficult to avow that she had fairly plighted her -troth to one who was deemed such an unequal match. For what was plighted -troth in the eye of God but matrimony itself? Even the Church -acknowledged it as no less binding. Once that was avowed, the question -was at an end, and no human hands could untie the knot. To interfere -with it was deadly sin. Hence Richard Calle implored the woman of his -love to emancipate both herself and him from an intolerable position by -one act of boldness. 'I suppose, an ye tell them sadly the truth, they -would not damn their souls for us.'[255-3] But it required much courage -to take the step which when taken must be decisive. The avowal was at -last made, and though the family would fain have suppressed it or got -the poor girl to deny what she said, her lover appealed to the Bishop of -Norwich to inquire into the matter, and free the point from any -ambiguity. The bishop could not refuse. He sent for Margery Paston and -for Richard Calle, and examined them both apart. He told the former that -he was informed she loved one of whom her friends did not approve, -reminded her of the great disadvantage and shame she would incur if she -were not guided by their advice, and said he must inquire into the words -that had passed between her and her lover, whether they amounted to -matrimony or not. On this she told him what she had said to Calle, and -added that if those words did not make it sure she would make it surer -before she left the bishop's presence, for she thought herself in -conscience bound to Calle, whatever the words were. Then Calle himself -was examined, and his statements agreed with hers as to the nature of -the pledges given and the time and place when it was done. The bishop -then said that in case other impediments were found he would delay -giving sentence till the Wednesday or Thursday after Michaelmas.[256-1] - - [Footnote 255-3: No. 713.] - - [Footnote 256-1: No. 721.] - -When Margery Paston returned from her examination her mother's door was -shut against her, and the bishop was forced to find a lodging for her -until the day that he was to give sentence. Before that day came -occurred the loss of Caister. The fortunes of the Paston family were -diminished, and Sir John began to feel that he at least could ill afford -to lose the services of one who had been such a faithful and attached -dependant. In writing to his mother he expressed a wish merely that the -marriage might be put off till Christmas. Calle, meanwhile, unmarried, -was staying at Blackborough Nunnery near Lynn, where his bride had found -a temporary asylum. He was still willing to give his services to Sir -John Paston, and promised not to offer them to any other unless Sir John -declined them. They appear to have been accepted, for we find Calle one -or two years later still in the service of the family. But he never -seems to have been recognised as one of its members.[256-2] - - [Footnote 256-2: Nos. 721, 736, 737.] - -The siege of Caister was one of those strong and high-handed -acts which could only have been possible when there was really no -sovereign authority in the land to repress and punish violence. Acts of -very much the same character had been seen before--the reader will not -have forgotten the forcible ejection of John Paston's wife from Gresham. -But they had been due more especially to the weak and incompetent rule -of Henry VI., and not even then do we hear of a place being taken from -one of the king's subjects after a five weeks' siege by a rival -claimant. It was evident that the rebellion of Robin of Redesdale had -destroyed King Edward's power. The king had been actually made a -prisoner, and the ascendency of the Woodvilles had been abolished. The -Duchess of Bedford, wife of the late Earl of Rivers, had even during the -commotions been accused of witchcraft.[257-1] The Earl of Warwick -enjoyed his revenge in the disorganisation of the whole kingdom. He had -now made it almost impossible for Edward to recover his authority -without getting rid of him; nor did many months pass away before he -stirred up another rebellion in Lincolnshire.[257-2] When that movement -failed, he and Clarence escaped abroad; but it was not many months -before they reappeared in England and drove out the king. [Sidenote: -Warwick the Kingmaker. A.D. 1470.] Henry VI. was proclaimed anew, and -for the space of a short half-year Warwick the Kingmaker governed in the -name of that sovereign in whose deposition ten years before he had been -one of the principal agents. - - [Footnote 257-1: _Rolls of Parl._ vi. 232.] - - [Footnote 257-2: _See_ Nos. 742, 743.] - -[Sidenote: Appeal of two widows.] We have but a word or two to say as to -matters affecting the family history of the Pastons during this brief -interval. At the siege of Caister two men of the Duke of Norfolk's were -killed by the fire of the garrison. The duke's council, not satisfied -with having turned the Pastons out, now prompted the widows of these two -men to sue an 'appeal'[257-3] against John Paston and those who acted -with him. A true bill was also found against them for felony at the -Norwich session of June 1470, in which Sir John Paston was included as -an accessory; but the indictment was held to be void by some of Paston's -friends on the ground that two of the jury would not agree to it. This -objection I presume must have been held sufficient to quash the -proceedings in this form, of which we hear no more.[258-1] The 'appeal,' -however, remained to be disposed of, as we shall see by and by. - - [Footnote 257-3: An appeal of murder was a criminal prosecution - instituted by the nearest relation of the murdered person, and a - pardon from the king could not be pleaded in bar of this process.] - - [Footnote 258-1: Nos. 740, 746, 747.] - -[Sidenote: Compromise touching Fastolf's will.] With respect to the -title claimed by Sir John Paston in Caister and the performance of -Fastolf's will, a compromise was arranged with Bishop Waynflete, who was -now recognised as sole executor. It was agreed that as the whole of -Fastolf's lands in Essex, Surrey, Norfolk, and Suffolk had been much -wasted by the disputes between the executors, the manors should be -divided between Sir John Paston and the bishop, the former promising to -surrender the title-deeds of all except the manor of Caister. The -project of a college in that place was given up, and a foundation of -seven priests and seven poor scholars in Magdalen College, Oxford, was -agreed to in its place.[258-2] Soon afterwards the Duke of Norfolk -executed a release to the bishop of the manor of Caister and all the -lands conveyed to him by Yelverton and Howes as executors of Sir John -Fastolf, acknowledging that the bargain made with them was contrary to -Fastolf's will, and receiving from the bishop the sum of 500 marks for -the reconveyance. The duke accordingly sent notice to his servants and -tenants to depart out of the manor as soon as they could conveniently -remove such goods and furniture as he and they had placed in it.[258-3] - - [Footnote 258-2: Nos. 750, 755, 767.] - - [Footnote 258-3: Nos. 763, 764.] - -Thus by the mediation of Bishop Waynflete the long-standing disputes -were nearly settled during the period of Henry VI.'s brief restoration. -But, probably in consequence of the disturbed state of the country and -the return of Edward IV., the duke's orders for the evacuation of -Caister were not immediately obeyed, and, as we shall see hereafter, the -place remained in Norfolk's possession for the space of three whole -years. - -[Sidenote: Elizabeth Poynings remarries.] About this time, or rather, -perhaps, two years later, Sir John Paston's aunt, Elizabeth Poynings, -terminated her widowhood by marrying Sir George Browne of Betchworth -Castle in Surrey. We have already seen how she was dispossessed of her -lands soon after her first husband's death by the Countess of -Northumberland. They were afterwards seized by the Crown as forfeited, -and granted by patent to Edmund Grey, Earl of Kent, but without any -title having been duly found for the king. The Earl of Kent after a time -gave up possession of them to the Earl of Essex, but this did not make -things pleasanter for Elizabeth Poynings; while other of her lands were -occupied by Sir Robert Fenys in violation, as she alleged, of her -husband's will.[259-1] The date of her second marriage was probably -about the end of the year 1471.[259-2] - - [Footnote 259-1: Nos. 461, 627, 692, 693.] - - [Footnote 259-2: On the 18th November 1471, Edmund Paston speaks - of her as 'my Aunt Ponynges.' Before the 8th January 1472 she had - married Sir George Browne. Nos. 789, 795.] - -These matters we are bound to mention as incidents in the history of the -family. Of Elizabeth Paston, however, and her second husband we do not -hear much henceforward; in the Letters after this period the domestic -interest centres chiefly round the two John Pastons, Sir John and his -brother. - - -_Changes and Counter-changes_ - -[Sidenote: Reckless government of Edward IV.] Within the space of ten -brief years Edward IV. had almost succeeded in convincing the world that -he was no more capable of governing England than the rival whom he had -deposed. Never did gambler throw away a fortune with more recklessness -than Edward threw away the advantages which it had cost him and his -friends so much hard fighting to secure. Just when he had reached the -summit of his prosperity, he alienated the men to whom it was mainly -due, and took no care to protect himself against the consequences of -their concealed displeasure. The Earl of Warwick took him prisoner, then -released him, then stirred up a new rebellion with impunity, and -finally, returning to England once more, surprised and drove him out, -notwithstanding the warnings of his brother-in-law, the Duke of -Burgundy. Henry VI. was proclaimed anew, and the cause of the House of -York seemed to be lost for ever. - -It was not so, however, in fact. Adversity quickened Edward's energies -in a manner almost miraculous, and in a few months he recovered his -kingdom as suddenly as he had lost it. But it was not easy to believe, -even after his most formidable enemy had been slain at Barnet, that a -king who had shown himself so careless could maintain himself again upon -the throne. Besides, men who desired a steady government had rested all -their hopes in the restoration of Henry VI., and had found the new state -of matters very promising, just before Edward reappeared. The king, it -might have been hoped, would be governed this time by the Earl of -Warwick, and not by Queen Margaret. [Sidenote: The Pastons favour Henry -VI.] The Pastons, in particular, had very special reasons to rejoice in -Henry's restoration. They had a powerful friend in the Earl of Oxford, -whose influence with Henry and the Earl of Warwick stood very high. -Owing partly, perhaps, to Oxford's intercession, the Duke of Norfolk had -been obliged to quit his hold of Caister, and Sir John Paston had been -reinstated in possession.[260-1] The Duke and Duchess of Norfolk sued to -Oxford as humbly as the Pastons had been accustomed to sue to them, and -the earl, from the very first, had been as careful of the interests of -this family as if they had been his own. Even in the first days of the -revolution--probably before Edward was yet driven out--he had sent a -messenger to the Duchess of Norfolk from Colchester when John Paston was -in London on a matter which concerned him alone. The family, indeed, -seem at first to have built rather extravagant expectations upon the new -turn of affairs, which John Paston felt it necessary to repress in -writing to his mother. 'As for the offices that ye wrote to my brother -for and to me, they be for no poor men, but I trust we shall speed of -other offices meetly for us, for my master the Earl of Oxford biddeth me -ask and have. I trow my brother Sir John shall have the constableship of -Norwich Castle, with £20 of fee. All the lords be agreed to it.'[260-2] - - [Footnote 260-1: _See_ preliminary note to Letter No. 879.] - - [Footnote 260-2: No. 759.] - -Certainly, when they remembered the loss of Caister, which they had now -regained--when they recalled his inability to protect them against armed -aggression, and the disappointment of their expectations of redress -against the Duke of Suffolk for the attack on the lodge at -Hellesdon--the Pastons had little cause to pray for the return of Edward -IV. They were completely committed to the cause of Henry; and Sir John -Paston and his brother fought, no doubt in the Earl of Oxford's company, -against King Edward at Barnet. [Sidenote: Sir John Paston and his -brother in the battle of Barnet. A.D. 1471.] Both the brothers came out -of the battle alive, but John Paston was wounded with an arrow in the -right arm, beneath the elbow.[261-1] His wound, however, was not of a -very serious character, and in little more than a fortnight he was able -to write a letter with his own hand.[261-2] A more serious consideration -was, how far the family prospects were injured by the part they had -taken against what seemed now to be the winning side. Perhaps they might -be effectually befriended by their cousin Lomner, who seems to have -adhered to Edward, and who had promised them his good offices, if -required. But on the whole the Pastons did not look despondingly upon -the situation, and rather advised their cousin Lomner not to commit -himself too much to the other side, as times might change. 'I beseech -you,' writes Sir John Paston to his mother, 'on my behalf to advise him -to be well aware of his dealing or language as yet; for the world, -I ensure you, is right queasy, as ye shall know within this month. The -people here feareth it sore. God hath showed Himself marvellously like -Him that made all, and can undo again when Him list, and I can think -that by all likelihood He shall show Himself as marvellous again, and -that in short time.'[261-3] - - [Footnote 261-1: No. 774.] - - [Footnote 261-2: No. 776.] - - [Footnote 261-3: No. 774.] - -In point of fact, Sir John Paston, when he wrote these words, had -already heard of the landing of Queen Margaret and her son in the west, -so that another conflict was certainly impending. His brother John, -recovering from his wounds, but smarting severely in pocket from the -cost of his surgery, looked forward to it with a sanguine hope that -Edward would be defeated. 'With God's grace,' he writes, 'it shall not -be long ere my wrongs and other men's shall be redressed, for the world -was never so like to be ours as it is now. Wherefore I pray you let -Lomner not be too busy yet.'[262-1] The issue, however, did not agree -with his expectations. [Sidenote: The battle of Tewkesbury.] Four days -later was fought the battle of Tewkesbury,[262-2] at which Margaret was -defeated, and her son, though taken alive, put to death upon the field. -Shortly afterwards she herself surrendered as a prisoner, while her -chief captain, Somerset, was beheaded by the conqueror. The Lancastrian -party was completely crushed; and before three weeks were over, King -Henry himself had ended his days--no doubt he was murdered--within the -Tower. Edward, instead of being driven out again, was now seated on the -throne more firmly than he had ever been before; and the Paston brothers -had to sue for the king's pardon for the part they had taken in opposing -him. - - [Footnote 262-1: No. 776.] - - [Footnote 262-2: In connection with this battle, we have in No. - 777 lists of the principal persons killed and beheaded after the - fight, and of the knights made by King Edward upon the field. This - document has never been published before.] - -[Sidenote: Caister retaken by the Duke of Norfolk.] Under these -circumstances, it was only natural that the Duke of Norfolk, who had -been forced to relinquish his claim to Caister under the government of -Henry VI., should endeavour to reassert it against one who was in the -eye of the law a rebel. On this occasion, however, the duke had recourse -to stratagem, and one of his servants suddenly obtained possession of -the place on Sunday, the 23rd June.[262-3] It is remarkable that we have -no direct reference in the letters either to this event, or to the -previous reinstatement of Sir John Paston during the restoration of -Henry VI.; but a statement in the itinerary of William Worcester and Sir -John Paston's petition to the king in 1475[262-4] leave no doubt about -the facts. After about six months of possession the Pastons were again -driven out of Caister.[262-5] - - [Footnote 262-3: W. Worc. _Itin._, 368.] - - [Footnote 262-4: No. 879.] - - [Footnote 262-5: Although the fact of this expulsion could not be - gathered from the letters of this date, some allusion to it will - be found in Letter 778, by which it seems that a horse of John - Paston's had been left at Caister, which the family endeavoured to - reclaim by pretending that it was his brother Edmund's. John - Paston, however, seems to have preferred that the duke's men - should keep the animal, in the hope that they would make other - concessions of greater value.] - -The Pastons had need of friends, and offers of friendship were made to -them by Earl Rivers, formerly Lord Scales. [Sidenote: Earl Rivers offers -his friendship.] The engagement of Sir John Paston to Rivers's -kinswoman, Anne Haute,[263-1] still held; and though there was some talk -of breaking it off, the earl was willing to do what lay in his power in -behalf both of Sir John and of his brother. The latter was not very -grateful for his offer, considering, apparently, that the earl's -influence with the king was not what it had been. 'Lord Scales,' he -said, for so he continued to call him, 'may do least with the great -master. But he would depart over the sea as hastily as he may; and -because he weeneth that I would go with him, as I had promised him ever, -if he had kept forth his journey at that time, this is the cause that he -will be my good lord, and help to get my pardon. The king is not best -pleased with him, for that he desireth to depart; insomuch that the king -hath said of him that whenever he hath most to do, then the Lord Scales -will soonest ask leave to depart, and weeneth that it is most because of -cowardice.'[263-2] - - [Footnote 263-1: A transcript of an old pedigree with which I was - favoured by Mr. J. R. Scott during the publication of these - letters long ago, confirmed my conjecture that Anne Haute was the - daughter of William Haute, whose marriage with Joan, daughter of - Sir Richard Woodville, is referred to in the _Excerpta Historica_, - p. 249. She was, therefore, the niece of Richard, Earl Rivers, and - cousin-german to Edward IV.'s queen. It appears also that she had - a sister named Alice, who was married to Sir John Fogge of - Ashford, Treasurer of the Household to Edward IV. This Sir John - Fogge was the man whom Richard III., having previously regarded - him as a deadly enemy, sent for out of sanctuary, and took - publicly by the hand at his accession, in token that he had - forgotten all old grudges.] - - [Footnote 263-2: No. 778.] - -Earl Rivers, in fact, was at this time meditating a voyage to Portugal, -where he meant to go in an expedition against the Saracens, and he -actually embarked on Christmas Eve following.[263-3] His friendship, -perhaps, may have been unduly depreciated by the younger brother; for -within twelve days John Paston actually obtained the king's signature to -a warrant for his pardon. This, it is true, may have been procured -without his mediation; but in any case the family were not in the -position of persons for whom no one would intercede. They had still so -much influence in the world that within three months after he had been a -second time dispossessed of Caister, Sir John made a serious effort to -ascertain whether the Duke of Norfolk might not be induced to let him -have it back again. [Sidenote: Sir J. Paston petitions the Duke of -Norfolk to give back Caister.] This he did, as was only natural, through -the medium of his brother John, whose former services in the duke's -household gave him a claim to be heard in a matter touching the personal -interests of the family. John Paston, however, wisely addressed himself, -on this subject, rather to the duchess than to the duke; and though he -received but a slender amount of encouragement, it was enough, for a few -months, just to keep his hopes alive. 'I cannot yet,' he writes, 'make -my peace with my lord of Norfolk by no means, yet every man telleth me -that my lady sayeth passing well of me always notwithstanding.' This was -written in the beginning of the year 1472, just seven months after Sir -John's second expulsion from Caister. But the Pastons continued their -suit for four years more, and only recovered possession of the place on -the Duke of Norfolk's death, as we shall see hereafter.[264-1] - - [Footnote 263-3: Nos. 793, 795.] - - [Footnote 264-1: Nos. 781, 796, 802.] - - -_The Paston Brothers_ - -[Sidenote: Royal pardon to John Paston.] John Paston obtained a 'bill of -pardon' signed by the king, on Wednesday the 17th July. This, however, -was not in itself a pardon, but only a warrant to the Chancellor to give -him one under the Great Seal. The pardon with the Great Seal attached he -hoped to obtain from the Chancellor on the following Friday. Meanwhile -he wrote home to his mother to let no one know of it but Lady Calthorpe, -who, for some reason not explained, seems to have been a confidante in -this particular matter.[264-2] Perhaps this was as well, for as a matter -of fact the pardon was not sealed that Friday, nor for many a long week, -and even for some months after. It seems to have been promised, but it -did not come. At Norwich some one called John Paston traitor and sought -to pick quarrels with him; and how far he could rely upon the protection -of the law was a question not free from anxiety. His brother, Sir John, -urged him to take steps to have the pardon made sure without delay; but -it was only passed at length upon the 7th of February following, nearly -seven months after the king had signed the bill for it. His brother, Sir -John, obtained one on the 21st December.[265-1] - - [Footnote 264-2: No. 780.] - - [Footnote 265-1: Nos. 780, 781, 795.] - -[Sidenote: The appeal of the widows.] But John Paston stood in another -danger, from which even a royal pardon could not by law protect him. The -'appeal'[265-2] of the two widows still lay against him. The blood of -their husbands cried for vengeance on the men who had defended Caister, -and especially upon the captain of the garrison. Their appeal, however, -was suspected to proceed from the instigation of others who would fain -have encouraged them to keep it up longer than they cared to do -themselves. Sir John Paston had information from some quarter which led -him to believe that they had both found husbands again, and he -recommended his brother to make inquiry, as in that case the appeals -were abated. With regard to one of them, the intelligence turned out to -be correct. A friend whom John Paston asked to go and converse with this -woman, the widow of a fuller of South Walsham, reported that she was now -married to one Tom Steward, dwelling in the parish of St. Giles in -Norwich. She confessed to him that she never sued the appeal of her own -accord, 'but that she was by subtle craft brought to the New Inn at -Norwich. And there was Master Southwell; and he entreated her to be my -lord's widow[265-3] by the space of an whole year next following; and -thereto he made her to be bound in an obligation. And when that year was -past he desired her to be my lord's widow another year. And then she -said that she had liever lose that that she had done than to lose that -and more; and therefore she said plainly that she would no more of that -matter; and so she took her an husband, which is the said Tom Steward. -And she saith that it was full sore against her will that ever the -matter went so far forth, for she had never none avail thereof, but it -was sued to her great labor and loss, for she had never of my lord's -council but barely her costs to London.'[265-4] - - [Footnote 265-2: _See_ p. 257, note 3.] - - [Footnote 265-3: The widow of a lord's vassal was called the - lord's widow, and could only marry again by his leave.] - - [Footnote 265-4: Nos. 782, 783.] - -The other widow, however, had not married again as Sir John had -imagined. With her the right of appeal still remained, and she was -induced to exercise it. In this she seems to have been encouraged by the -Duke of Norfolk, simply for the sake of giving trouble to Sir John -Paston; for though it was his brother and the men with him who were the -most direct cause of her husband's death, the appeal was not prosecuted -against them, but against him only. In the following January the widow -went up to London, and 100 shillings were given her to sue with. What -came of the affair then we have no further record. Sir John Paston was -warned of his danger both by his mother and by his brother; so perhaps -he found the means to induce her to forbear proceeding further. An -argument that has often enough stopped the course of justice would -doubtless have been efficacious to put an end to such a purely vexatious -prosecution. But it may be that the case was actually heard, and Sir -John Paston acquitted.[266-1] - - [Footnote 266-1: Nos. 796, 797.] - -[Sidenote: Great mortality.] In a social point of view the year of -Edward IV.'s restoration was not one of gladness. The internal peace of -the kingdom was secured by the two sharp battles of Barnet and -Tewkesbury, and by the execution of the Bastard Falconbridge after his -attempt on London, but the land was visited with pestilence and the -mortality was severe. Hosts of pilgrims travelled through the country, -eager to escape the prevailing infection or to return thanks for their -recovery from illness. The king and queen went on pilgrimage to -Canterbury; and never, it was said, had there been so many pilgrims at a -time.[266-2] 'It is the most universal death that ever I wist in -England,' says Sir John Paston; 'for by my trouth I cannot hear by -pilgrims that pass the country that any borough town in England is free -from that sickness. God cease it when it pleaseth Him! Wherefore, for -God's sake let my mother take heed to my young brethren, that they be in -none place where that sickness is reigning, nor that they disport not -with none other young people which resorteth where any sickness is; and -if there be any of that sickness dead or infect in Norwich, for God's -sake let her send them to some friends of hers into the country, and do -ye the same by mine advice. Let my mother rather remove her household -into the country.'[267-1] - - [Footnote 266-2: No. 782.] - - [Footnote 267-1: No. 781.] - -The plague continued on till the beginning of winter. Margaret Paston -does not seem to have removed into the country, but in writing to her -son John in the beginning of November she notes the progress of the -enemy. 'Your cousin Berney of Witchingham is passed to God, whom God -assoyle! Veyl's wife, and London's wife, and Picard the baker of -Tombland, be gone also. All this household and this parish is as ye left -it, blessed be God! We live in fear, but we wot not whither to flee for -to be better than we be here.'[267-2] In the same letter Margaret Paston -speaks of other troubles. [Sidenote: Money matters.] She had been -obliged to borrow money for her son Sir John, and it was redemanded. The -fortunes of the family were at a low ebb, and she knew not what to do -without selling her woods--a thing which would seriously impair the -value of Sir John's succession to her estates, as there were so many -wood sales then in Norfolk that no man was likely to give much more than -within a hundred marks of their real value. She therefore urged Sir John -in his own interest to consider what he could do to meet the difficulty. -Already she had done much for him, and was not a little ashamed that it -was known she had not reserved the means of paying the debts she had -incurred for him. Sir John, however, returned for answer that he was -utterly unable to make any shift for the money, and Margaret saw nothing -for it but the humiliation of selling wood or land, or even furniture, -to meet the emergency. 'It is a death to me to think upon it,' she -wrote. She felt strongly that her son had not the art of managing with -economy--that he spent double the money on his affairs that his father -had done in matters of the same character, and, what grieved her even -more, that duties which filial pride ought to have piously discharged -long ago had been neglected owing to his extravagance. 'At the reverence -of God,' she writes to his younger brother John, 'advise him yet to -beware of his expenses and guiding, that it be no shame to us all. It is -a shame and a thing that is much spoken of in this country that your -father's gravestone is not made. [Sidenote: John Paston's gravestone.] -For God's love, let it be remembered and purveyed in haste. There hath -been much more spent in waste than should have made that.' Apparently -direct remonstrances had failed to tell upon Sir John otherwise than to -make him peevish and crusty. She therefore wrote to his younger brother -instead. 'Me thinketh by your brother that he is weary to write to me, -and therefore I will not accumber him with writing to him. Ye may tell -him as I write to you.'[268-1] - - [Footnote 267-2: No. 787.] - - [Footnote 268-1: Nos. 787, 791. In justice to Sir John Paston it - should be mentioned that he had been making inquiries two months - before as to the dimensions of the space over his father's grave - at Bromholm available for a monument.--_See_ No. 782. More than - five years, however, had elapsed since his father's death, and - even two years after this the tomb was not attended to, as we find - by repeated comments on the subject.--_See_ Nos. 843 and 878. This - last letter has been accidentally misplaced, and is really of the - year 1472, as will be shown hereafter.] - -[Sidenote: Sir John Paston and Anne Haute.] Thriftless, extravagant, and -irresolute, Sir John Paston was not the man to succeed, either in money -matters or in anything else. No wonder, then, that his engagement with -Anne Haute became unsatisfactory, apparently to both parties alike. The -manner in which he speaks of it at this time is indeed ambiguous; but -there can be no doubt that in the end both parties desired to be -released, and were for a long time only restrained by the cost of a -dispensation, which was necessary to dissolve even such a contract as -theirs. It would not have been surprising, indeed, if on the restoration -of Edward IV. Lord Rivers and the queen's relations had shown themselves -unfavourable to a match between their kinswoman and one who had fought -against the king at Barnet. But whether this was the case or not we have -no positive evidence to show. Only we know that in the course of this -year the issue of the matter was regarded as uncertain. In September Sir -John Paston writes that he had almost spoken with Mrs. Anne Haute, but -had not done so. 'Nevertheless,' he says, 'this next term I hope to take -one way with her or other. She is agreed to speak with me and she hopeth -to do me ease, as she saith.'[268-2] - - [Footnote 268-2: No. 781.] - -[Sidenote: A.D. 1471, Oct.] Six weeks later, in the end of October, the -state of matters is reported, not by Sir John Paston but by his brother. -'As for Mrs. A. Haulte, the matter is moved by divers of the queen's -council, and of fear by R. Haulte; but he would it should be first of -our motion, and we would it should come of them first--our matter should -be the better.'[269-1] [Sidenote: A.D. 1472, Feb.] In February following -Sir John was admitted to another interview with the lady, but was unable -to bring the matter to a decisive issue. 'I have spoken,' he says, 'with -Mrs. Anne Haulte at a pretty leisure, and, blessed be God, we be as far -forth as we were tofore, and so I hope we shall continue. And I promised -her that at the next leisure that I could find thereto, that I would -come again and see her, which will take a leisure, as I deem now. Since -this observance is overdone, I purpose not to tempt God no more -so.'[269-2] - - [Footnote 269-1: No. 784.] - - [Footnote 269-2: No. 798.] - -A year later, in April 1473, he says that if he had six days more -leisure, he 'would have hoped to have been delivered of Mrs. Anne -Haulte. Her friends, the queen, and Atcliff,' he writes, 'agreed to -common and conclude with me, if I can find the mean to discharge her -conscience, which I trust to God to do.'[269-3] But the discharge of her -conscience required an application to the Court of Rome, and this -involved a very unsentimental question of fees. 'I have answer again -from Rome,' he writes in November following, 'that there is the well of -grace and salve sufficient for such a sore, and that I may be dispensed -with; nevertheless my proctor there asketh a thousand ducats, as he -deemeth. But Master Lacy, another Rome runner here, which knoweth my -said proctor there, as he saith, as well as Bernard knew his shield, -sayeth that he meaneth but an hundred ducats, or two hundred ducats at -the most; wherefore after this cometh more. He wrote to me also _quod -Papa hoc facit hodiernis diebus multociens_ (that the Pope does this -nowadays very frequently).'[269-4] - - [Footnote 269-3: No. 831.] - - [Footnote 269-4: No. 842.] - -Here we lose for a while nearly all further trace of the matter. Nothing -more seems to have been done in it for a long time; for about fourteen -months later we find Sir John Paston's mother still wishing he were -'delivered of Mrs. Anne Haulte,'[270-1] and this is all we hear about it -until after an interval of two years more, when, in February 1477, Sir -John reports that the matter between him and Mrs. Anne Haulte had been -'sore broken' to Cardinal Bourchier, the Lord Chamberlain (Hastings), -and himself, and that he was 'in good hope.'[270-2] Finally, in August -following, he expects that it 'shall, with God's grace, this term be at -a perfect end.'[270-3] After this we hear nothing more of it. The -pre-contract between Sir John and Anne Haulte seems therefore to have -been at last annulled; and what is more remarkable, after it had been -so, he was reported to be so influential at Court that another marriage -was offered him 'right nigh of the Queen's blood.'[270-4] His mother, -who writes to him on the subject in May 1478, had not been informed who -the lady was, and neither can we tell the reader. We only know for -certain that such a marriage never took effect. - - [Footnote 270-1: No. 863. Some months before the time when he - himself expressed that hope of being delivered from his - engagement, I meet with a passage of rather doubtful meaning in a - letter to Sir John Paston from his brother. There is a lady in the - case, but the lady is not named. John Paston has delivered to her - a ring which he had much difficulty in inducing her to take. But - he promises that Sir John shall be her true knight, and she in - return promises to be more at his commandment than at any knight's - in England, 'my lord' excepted. 'And that ye shall well - understand' (so John Paston reports the message) 'if ye have aught - to do wherein she may be an helper; for there was never knight did - so much cost on her as ye have done.' (No. 817.) Is this anonymous - lady Anne Haulte once more? Was the ring an engagement ring - returned? And did they thus break off relations with each other, - retaining mutual esteem? Let us hope this is the explanation, - which indeed I should even think probable, but that the lady must - have been at this time residing in the county of Norfolk, and I - have no notice of Anne Haulte having been there at any time.] - - [Footnote 270-2: No. 900.] - - [Footnote 270-3: No. 916.] - - [Footnote 270-4: No. 933.] - -[Sidenote: John Paston's love affairs.] John Paston, too, had his love -affairs as well as his brother, but was more fortunate in not being -bound helplessly to one lady for a long series of years. In the summer -of 1471, he seems to have been endeavouring to win the hand of a certain -Lady Elizabeth Bourchier; but here he did not prosper, for she was -married a few months later to Lord Thomas Howard--the nobleman who more -than forty years after was created Duke of Norfolk by King Henry VIII. -for his victory over the Scots at Flodden.[270-5] As to his further -proceedings in search of a wife, we shall have occasion to speak of them -hereafter. - - [Footnote 270-5: Nos. 781, 800.] - -[Sidenote: 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. -[Sidenote: 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, 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] - - [Footnote 271-1: _Contin. Chron. of Croyland_, 557.] - - [Footnote 271-2: No. 798.] - - [Footnote 272-1: No. 841.] - - [Footnote 272-2: No. 842.] - -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] - - [Footnote 272-3: _Rolls of Parl._ vi. 100.] - - [Footnote 272-4: 'Beweley Seyntwarye' in Fenn; but the reading is - '_Beverley_ sanctuary' in the right-hand version. Which is - correct?] - - [Footnote 272-5: No. 834.] - -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. [Sidenote: A.D. 1472, Jan.] In January -following, however, William Gurney entered into Saxthorpe and -endeavoured to hold a court there for the lord of the manor. [Sidenote: -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] - - [Footnote 272-6: No. 779.] - - [Footnote 273-1: No. 796.] - - [Footnote 273-2: No. 801.] - -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] - - [Footnote 273-3: No. 803.] - -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] [Sidenote: 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 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] - - [Footnote 274-1: No. 804.] - - [Footnote 274-2: No. 802.] - - [Footnote 274-3: Nos. 798, 804, 819, 820.--No. 819 is a little out - of its place, the exact date of the letter being the 9th May.] - - [Footnote 274-4: No. 803.] - - [Footnote 274-5: No. 795.] - - [Footnote 274-6: No. 800.] - - [Footnote 275-1: No. 809.] - -[Sidenote: 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 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] - - [Footnote 275-2: Nos. 812, 813.] - - [Footnote 276-1: Nos. 813, 814, 815, 817, 824. _See_ also No. 878, - which by a strange inadvertence has been put in the year 1475 - instead of 1472. The preliminary note is correct except as to the - year.] - -[Sidenote: 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] - - [Footnote 276-2: No. 823.] - -[Sidenote: Sir John Paston seeks to enter Parliament.] But although all -arts were unsuccessful to bend the will of the Duke of Norfolk on this -subject, Sir John Paston seems to have enjoyed the favour and approval -of the duchess in offering himself as a candidate for the borough of -Maldon in the Parliament of 1472. His friend James Arblaster wrote a -letter to the bailiff of Maldon suggesting the great advantage it would -be to the town to have for one of their two burgesses 'such a man of -worship and of wit as were towards my said lady,' and advising all her -tenants to vote for Sir John Paston, who not only had this great -qualification, but also possessed the additional advantage of being in -high favour with my Lord Chamberlain Hastings.[276-3] There was, -however, some uncertainty as to the result, and his brother John -suggested in writing to him that if he missed being elected for Maldon -he might be for some other place. There were a dozen towns in England -that ought to return members to Parliament which had chosen none, and by -the influence of my Lord Chamberlain he might get returned for one of -them.[277-1] - - [Footnote 276-3: No. 808.] - - [Footnote 277-1: No. 809.] - -In point of fact, I find that Sir John Paston was not returned for -Maldon to the Parliament of 1472; and whether he sat for any other -borough I am not certain, though there is an expression in the -correspondence a little later that might lead one to suppose so.[277-2] -But that he went up to London we know by a letter dated on the 4th -November;[277-3] and though he went to Calais, and even visited the -court of the Duke and Duchess of Burgundy at Ghent early in the -following year, when Parliament was no longer sitting, he had returned -to London long before it had ended its second session in April -1473.[277-4] It is also clear that he took a strong interest in its -proceedings; but this was only natural. That Parliament was summoned -avowedly to provide for the safety of the kingdom. Although the Earl of -Warwick was now dead, and Margaret of Anjou a prisoner at -Wallingford,[277-5] and the line of Henry VI. extinct, [Sidenote: Fear -of Invasion.] it was still anticipated that the Earl of Oxford and -others, supported by the power of France, would make a descent upon the -coast. Commissions of array were issued at various times for defence -against apprehended invasion.[277-6] Information was therefore laid -before Parliament of the danger in which the kingdom stood from a -confederacy of the king's 'ancient and mortal enemies environing the -same,' and a message was sent to the Commons to the effect that the king -intended to equip an expedition in resistance of their malice.[277-7] -The result was that, in November 1472, the Commons agreed to a levy of -13,000 archers, and voted a tenth for their support, which was to be -levied before Candlemas following.[278-1] An income and property tax was -not a permanent institution of our ancestors, but when it came it -pressed heavily; so that a demand of two shillings in the pound was not -at all unprecedented. A higher tax had been imposed four years before, -and also in 1453 by the Parliament of Reading. Still, a sudden demand of -two shillings in the pound, to be levied within the next four months, -was an uncomfortable thing to meet; and owing either to its unpopularity -or the difficulty of arranging the machinery for its collection, it was -not put in force within the time appointed. [Sidenote: A.D. 1473.] But -in the following spring, when the Parliament had begun its second -session, collectors were named throughout the country, and it was -notified that some further demands were to be made upon the national -pocket. On the 26th March, John Paston writes that his cousin John -Blennerhasset had been appointed collector in Norfolk, and asks his -brother Sir John in London to get him excused from serving in 'that -thankless office,' as he had not a foot of ground in the county. At the -same time the writer expresses the sentiments of himself and his -neighbours in language quite sufficiently emphatic: 'I pray God send you -the Holy Ghost among you in the Parliament House, and rather the Devil, -we say, than ye should grant any more taxes.'[278-2] Unfortunately, -before the Parliament ended its sittings, it granted a whole fifteenth -and tenth additional.[278-3] - - [Footnote 277-2: His name does not appear in any of the original - returns preserved in the Record Office; but they are certainly - very imperfect, and some of them are not very legible. The two - burgesses returned for Maldon were William Pestell and William - Albon. I find, however, that William Paston, probably Sir John's - uncle, was returned for Newcastle-under-Lyne.] - - [Footnote 277-3: No. 812.] - - [Footnote 277-4: He could scarcely have returned from Calais in - time for the opening of that session on the 8th February, as he - was at Calais on the 3rd, and says nothing about coming home at - that date.--No. 826.] - - [Footnote 277-5: No. 795.] - - [Footnote 277-6: Patent, 7th March, 12 Edw. IV., p. 1, membs. 25 - and 26 _in dorso_; and 10th May, p. 1, m. 13 _in dorso_.] - - [Footnote 277-7: Even on the 1st June, four months before - Parliament met, we find commissions issued to certain masters of - ships to take sailors for the army going over sea.--_Patent Roll_, - 12 Edw. IV., p. 1, m. 10 _in dorso_.] - - [Footnote 278-1: _Rolls of Parl._ vi. 4.] - - [Footnote 278-2: No. 829.] - - [Footnote 278-3: _Rolls of Parl._ vi. 39.] - -[Sidenote: Family jars.] At this time we find that there was some -further unpleasant feeling within the Paston family circle. Margaret -Paston had several times expressed her discontent with the thriftless -extravagance of her eldest son, and even the second, John, did not stand -continually in her good graces. A third brother, Edmund, was now just -coming out in life, and as a preparation for it he too had to endure -continual reproofs and remonstrances from his mother. Besides these, -there were at home three other sons and one daughter, of whom we shall -speak hereafter. The young generation apparently was a little too much -for the lone widow; and, finding her elder sons not very satisfactory -advisers, she did what lone women are very apt to do under such -circumstances--took counsel in most of the affairs of this life of a -confidential priest. In fact, she was a good and pious woman, to whom in -her advancing years this world appeared more and more in its true -character as a mere preparation for the next. She had now withdrawn from -city life at Norwich, and was dwelling on her own family estate at -Mautby. Bodily infirmities, perhaps--though we hear nothing explicitly -said of them--made it somewhat less easy for her to move about; and she -desired to obtain a licence from the Bishop of Norwich to have the -sacrament in her own chapel.[279-1] She was also thinking, we know, of -getting her fourth son Walter educated for the priesthood; and she -wished her own spiritual adviser, Sir James Gloys,[279-2] to conduct him -to Oxford, and see him put in the right way to pursue his studies -creditably. She hoped, she said, to have more joy of him than of his -elder brothers; and though she desired him to be a priest, she wished -him not to take any orders that should be binding until he had reached -the age of four-and-twenty. 'I will love him better,' she said, 'to be a -good secular man than a lewd priest.'[279-3] - - [Footnote 279-1: No. 821. She repeats the request more than two - years later, and desires that if it cannot be obtained of the - Bishop of Norwich, John Paston should endeavour to get it of the - Archbishop of Canterbury, 'for that,' she says, 'is the most sure - for all places.'--No. 866.] - - [Footnote 279-2: We ought, perhaps, to have explained before that - the prefix 'Sir' before a priest's name, as in Sir James Gloys and - Sir Thomas Howes, was commonly used as equivalent to 'Reverend,' - though strictly speaking it was applied to one who had taken no - higher degree than bachelor.] - - [Footnote 279-3: No. 825. Even so Erasmus says of More (Epp. - lib. x. 30, col. 536). 'Maluit maritus esse castus quam sacerdos - impurus.' The sentiment evidently was a very common one.] - - [[(Epp. lib. x. 30, col. 536). - _text unchanged: expected final comma_]] - -[Sidenote: Sir James Gloys.] But the influence of this spiritual adviser -over their mother was by no means agreeable to the two eldest sons. John -Paston speaks of him in a letter to his brother as 'the proud, peevish, -and ill-disposed priest to us all,' and complains grievously of his -interference in family affairs. 'Many quarrels,' he writes, 'are picked -to get my brother Edmund and me out of her house. We go not to bed -unchidden lightly; all that we do is ill done, and all that Sir James -and Pecock doth is well done. Sir James and I be twain. We fell out -before my mother with "Thou proud priest," and "Thou proud squire," my -mother taking his part; so I have almost beshut the bolt as for my -mother's house; yet summer shall be done or I get me any master.'[280-1] -John Paston, in fact, was obliged to put up with it for some months -longer, and though he afterwards reports that Sir James was always -'chopping at him,' and seeking to irritate him in his mother's presence, -he had found out that it was not altogether the best policy to rail at -him in return. So he learned to smile a little at the most severe -speeches, and remark quietly, 'It is good hearing of these old -tales.'[280-2] This mode of meeting the attack, if it did not soften Sir -James's bitterness, may have made Margaret Paston less willing to take -his part against her son. At all events we hear no more of these -encounters. Sir James Gloys, however, died about twelve months -later.[280-3] - - [Footnote 280-1: No. 805.] - - [Footnote 280-2: No. 810.] - - [Footnote 280-3: No. 842.] - - -_Taxation, Private Affairs, and the French War_ - -The impatience of taxation expressed by John Paston and others may -perhaps be interpreted as showing that little was generally known, or at -all events believed, of any such serious danger to the kingdom from -outward enemies as had been represented to Parliament. Nevertheless, in -March 1473, John Paston speaks of 'a few Frenchmen whirling on the -coasts,' for fear of whom the fishermen did not venture to leave port -without safe conducts.[280-4] [Sidenote: Hogan's prophecies.] A -political prophet named Hogan also foretold that some attempt would -shortly be made to invade the kingdom or to create trouble within it. -But the French ships soon returned home, and Hogan's words were not -greatly esteemed, though he was arrested and sent up to London for -uttering them. He had, in fact, prophesied similar things before. Yet -there was an impression in some quarters that he might be right on this -occasion. He was committed to the Tower, and he desired leave to speak -to the king, but Edward declined to give him any occasion for boasting -that his warnings had been listened to. Ere long, however, his story was -to some extent justified. News came that on Saturday, the 10th April, -the Earl of Oxford had been at Dieppe with twelve ships, about to sail -for Scotland. A man was examined in London, who gave information that -large sums of money had been sent him from England, and that a hundred -gentlemen in Norfolk and Suffolk had agreed to assist him if he should -attempt a landing. On the 28th May he actually did land at St. Osith's, -in Essex, but hearing that the Earl of Essex with the Lords Dynham and -Durasse were coming to oppose him, he returned to his ships and sailed -away. His attempt, however, saved Hogan his head, and gained him greater -esteem as a prophet; for he had foretold 'that this trouble should begin -in May, and that the king should northwards, and that the Scots should -make us work and him battle.' People began everywhere to buy armour, -expecting they knew not what.[281-1] - - [Footnote 280-4: No. 828.] - - [Footnote 281-1: Nos. 829, 830, 831, 833, 834.] - -Sir John Paston, for his part, during his visit to the Burgundian court -in the end of January,[281-2] had already ordered a complete suit of -armour for himself, together with some horse armour, of Martin Rondelle, -the armourer of the Bastard of Burgundy.[281-3] But the demand for -armour increased as the year went on. [Sidenote: The Earl of Oxford at -St. Michael's Mount.] The Earl of Oxford again suddenly appeared, this -time on the coast of Cornwall, and took possession of St. Michael's -Mount on the last day of September. He was besieged there by Sir Henry -Bodrugan, but the place was so strong that, if properly victualled, -twenty men could keep it against the world. The earl's men, however, -parleyed with Sir Henry, who by some gross negligence allowed victuals -to be conveyed into the Mount. The command of the besieging force was -taken from him by the king and given to Richard Fortescue, sheriff of -Cornwall.[281-4] At the same time the quarrel between the Dukes of -Clarence and Gloucester contributed to make people uneasy. The world, as -Sir John Paston phrased it, seemed 'queasy.' Every man about the king -sent for his 'harness.' The king himself sent for the Great Seal, which -was conveyed to him by Dr. Morton, Master of the Rolls. Some expected -that he would make a new Chancellor, some that he would keep the Seal in -his own hands as he had done during former commotions.[282-1] - - [Footnote 281-2: He was at Ghent on Thursday, 28th January.--No. - 826.] - - [Footnote 281-3: No. 838.] - - [Footnote 281-4: Warkworth's _Chronicle_, 26-7.] - - [Footnote 282-1: No. 841.] - -The Earl of Oxford was fast shut up in the Mount. But during November he -made a sally, took a gentleman prisoner, and dragged him within. Shortly -afterwards, attempting to give more trouble to the besiegers, he was -wounded in the face with an arrow.[282-2] But his gallant defence seems -to have awakened sympathy in the West Country; for on the 10th December -the king found it necessary to issue a proclamation against bearing arms -in Devonshire.[282-3] However, after keeping possession of the place for -four months and a half, he felt himself compelled to surrender, not by -lack of victuals, but for want of reliance on his own men, to whom the -king had offered pardons and rewards for deserting him. The earl himself -was constrained to sue for pardon of his own life, and yielded himself a -prisoner on the 15th February 1474.[282-4] - - [Footnote 282-2: No. 843.] - - [Footnote 282-3: _Close Roll_, 13 Edw. IV., m. 8.] - - [Footnote 282-4: No. 846. Warkworth, 27.] - -[Sidenote: Projected royal expedition against France.] Meanwhile people -were looking forward to a royal expedition against France. It was for -this the 13,000 archers were to be raised, and it was agreed in -Parliament that if the expedition did not take place before Michaelmas -1474, the money collected for the purpose should be repaid. As the time -drew near, however, it was found impossible to carry out the project -quite so soon. The tenth voted in November 1472 had been assessed by the -commissioners before February 1473 over all the kingdom, except five -northern shires and one or two separate hundreds and wapentakes. But the -total amount of the assessment had only produced £31,410: 14: 1½, a sum -which to the modern reader will appear inconceivably small as the -proceeds of a ten per cent. income and property tax for nearly the whole -of England. It was in fact not sufficient for the purpose intended; even -such a tax, strange to say, could not maintain 13,000 archers; and the -Commons, as we have already said, voted one-tenth and one-fifteenth -additional. This impost, however, was not immediately levied. On the -26th March 1473 a truce was made at Brussels between England and -Burgundy on the one side, and France on the other, till the 1st April -1474.[283-1] After it expired Edward announced to his Parliament that he -intended as soon as possible to invade France in person; but as it was -not likely that he could do so before Michaelmas following, the time at -which the money was to be repaid to the taxpayers, in case of the -expedition not taking place, was prolonged to St. John Baptist's Day -(24th June) in 1476.[283-2] - - [Footnote 283-1: No. 832. It is curious that we have no notice of - this truce in Rymer.] - - [Footnote 283-2: _Rolls of Parl._ vi. 113-14.] - -[Sidenote: A.D. 1474.] [Sidenote: Effects of severe taxation.] The -taxation pinched every one severely. 'The king goeth so near us in this -country,' wrote Margaret Paston, 'both to poor and rich, that I wot not -how we shall live but if the world amend.' The two taxes came so close -upon each other that they had to be paid at one and the same -time.[283-3] And to those who, like Sir John Paston, were in debt and -trying to raise money for other purposes, the hardship was extreme. So -many were selling corn and cattle that very little was to be realised in -that way. Wheat was but 2s. 4d. a comb, and malt and oats but tenpence. -During the year 1473 Sir John had applied in vain to his mother for a -loan of £100 to redeem the manor of Sporle, which he had been obliged to -mortgage. He had already been driven to sell a portion of the wood, and -had thoughts of giving a seven years' lease of the manor to a neighbour -of the name of Cocket, on receiving six years' rent in ready -money.[283-4] But in 1474, having received £100 from the executors of -Lyhart, Bishop of Norwich, in satisfaction of some old claim, his mother -consented to lend another sum of like amount, which would enable him, -with a very little further help from some other quarter, to meet the -demands of Townsend the mortgagee.[283-5] In the end, however, a sum of -£142: 13: 4 was advanced by his uncle William, and some other moneys by -Margaret Paston, partly on the security of her own plate, and partly on -that of Sir John Paston's lands in the hundred of Flegg.[283-6] - - [Footnote 283-3: No. 871. 'William Pecock shall send you a bill - what he hath paid for you for two tasks (_taxes_) at this time.' - Margaret Paston to Sir John, 23rd May 1475.] - - [Footnote 283-4: Nos. 828, 831, 842, 865.] - - [Footnote 283-5: No. 856.] - - [Footnote 283-6: No. 865.] - -[Sidenote: Arrangement with Bishop Waynflete.] About the same time Sir -John came to an understanding with Bishop Waynflete about the lands of -Sir John Fastolf; [Sidenote: The college at Caister abandoned.] and the -bishop having obtained a dispensation from the Pope enabling him to -apply the endowments of Fastolf's intended college at Caister to the -support of Magdalen College, Oxford, a division was made of the Norfolk -lands between him and Paston. Sir John was allowed to enjoy Caister and -the lands in Flegg, if he could recover them from the Duke of Norfolk, -with the manor of Hellesdon, Tolthorpe, and certain tenements in Norwich -and Earlham; but he gave up Drayton to the bishop. And so terminated one -long-standing controversy.[284-1] - - [Footnote 284-1: Nos. 834, 859.] - -[Sidenote: Anne Paston engaged to William Yelverton.] An event in the -family now claims our notice, although the allusions to it are but -slight, and the manner in which it is referred to is quite in keeping -with that strange absence of domestic feeling which is so painfully -characteristic of the times. Anne Paston, Sir John's sister, had come to -a marriageable age; and her mother disposed of her hand to William -Yelverton, a grandson of the judge, although she had an offer from one -of the family of Bedingfield.[284-2] The engagement had lasted at least -a year and a half, when Sir John Paston in London heard news that she -had been exceedingly unwell; on which he quietly remarks that he had -imagined she was already married. It seems scarcely possible to -attribute this ignorance to any unusual detention of letters between -Norwich and London; so that we are almost driven to conclude that his -sister's marriage was an event of which Sir John did not expect to -receive any very special intimation. The news even of her sickness, -I suspect from the manner in which he refers to it, was conveyed to him -not by letters from home, but by Yelverton, her intended husband, who -had come up to London. Nor must it be supposed that Yelverton himself -was deeply concerned about her state of health; for it was certainly not -with a lover's anxiety that he communicated the intelligence to Sir -John. In fact the marriage, so far from being a thing already -accomplished, as Sir John supposed, was a matter that still remained -uncertain. 'As for Yelverton,' writes Sir John himself, 'he said but -late that he would have her if she had her money, and else not; -wherefore me thinketh that they be not very sure.' Still the old song of -'Property, property,' like Tennyson's 'Northern Farmer.' And how very -quietly this cold-hearted brother takes the news that the marriage which -he thought already accomplished might very likely never take place at -all! 'But among all other things,' he adds, 'I pray you beware that the -old love of Pampyng renew not.' What, another sister ready to marry a -servant of the family? If she could not have Yelverton, at least let her -be preserved from that at all hazards.[285-1] - - [Footnote 284-2: No. 804.] - - [Footnote 285-1: Nos. 842, 843.] - -[Sidenote: Married to him.] Such was the state of matters in November -1473. And it seems by the course of events that Pampyng was not allowed -to follow the example of Richard Calle. Anne Paston remained unmarried -for about three and a half years longer, and the family, despairing of -Yelverton, sought to match her somewhere else;[285-2] but between March -and June of the year 1477, the marriage with Yelverton actually took -place.[285-3] Of the married life of this couple we have in the Paston -Letters no notices whatever; but one incident that occurred in it we -learn from another source. Yelverton brought his bride home to his own -house at Caister St. Edmund's, three miles from Norwich. Some time after -their marriage this house was burned down by the carelessness of a -servant girl while they were away at the marriage of a daughter of Sir -William Calthorpe. The year of the occurrence is not stated, but must, -I think, have been 1480, for it happened on a Tuesday night, the 18th of -January, the eve of St. Wolstan's Day.[285-4] Now the 18th of January -did not fall on a Tuesday during their married life in any earlier year, -and it did not so fall again till 1485, when William Worcester, in whose -itinerary the event is recorded, was certainly dead. - - [Footnote 285-2: No. 885.] - - [Footnote 285-3: Margaret Paston speaks of 'my son Yelverton' in - June 1477.--No. 913. But Anne appears to have been unmarried at - least as late as the 8th March 1477.--_See_ No. 901.] - - [Footnote 285-4: 'Memorandum, quod manerium. . . . Yelverton - generosi in villa de Castre Sancti Edmundi, per iii. miliaria - de civitate Norwici, in nocte diei Martis, 18 diei Januarii, - videlicet in vigilia Sancti Wolstani, dum modo dictus Yelverton, - cum filia Johannis Paston senioris, uxore dicti Yelverton, fuerunt - ad nupcias filiæ Willelmi Calthorp militis, fuit per negligenciam - parvæ puellæ in lectisternio leti (_qu._ lecti?) per candelam igne - consumptum.' --W. Worc. _Itin._, 269.] - - [[per candelam igne consumptum.' - _close quote missing_]] - -[Sidenote: John Paston's marriage prospects.] John Paston, too, was -seriously thinking of taking a wife; and, that he might not be -disappointed in an object of so much importance, he had two strings to -his bow. We must not, however, do him the injustice to suppose that he -had absolutely no preference at all for one lady over another; for he -writes his full mind upon the subject to his brother Sir John in London, -whom he commissions to negotiate for him. If Harry Eberton the draper's -wife were disposed to 'deal' with him, such was the 'fantasy' he had for -Mistress Elizabeth Eberton, her daughter, that he requests his brother -not to conclude 'in the other place,' even though old Eberton should not -be disposed to give her so much dowry as he might have with the second -lady. Nevertheless Sir John is also requested to ascertain 'how the -matter at the Black Friars doth; and that ye will see and speak with the -thing yourself, and with her father and mother or ye depart; and that it -like you to desire John Lee's wife to send me a bill in all haste -possible, how far forth the matter is, and whether it shall be necessary -for me to come up to London hastily or not, or else to cast all at the -cock.'[286-1] The reader, we trust, is fully impressed with the -businesslike character of this diplomacy, and he ought certainly not to -be less so with the appropriateness of the language employed. 'If Mrs. -Eberton will _deal_ with me,' and 'Speak with _the thing_ yourself.' How -truly does it indicate the fact that young ladies in those days were -nothing but mere chattels! - - [Footnote 286-1: No. 850.] - -It happened, however, that neither the 'thing' at the Black Friars, nor -the lady for whom he had the somewhat greater 'fantasy,' was to be -attained. Apparently the former was the daughter of one Stockton, and -was married about four months later to a man of the name of Skerne. She -herself confidentially told another woman just before her marriage that -Master Paston had once come to the place where she was with twenty men, -and endeavoured to take her away. As for Eberton's daughter, the matter -quietly dropped, but before it was quite broken off John Paston had -engaged his brother's services as before in a new matter with the Lady -Walgrave. Sir John Paston executed his commission here too with the -utmost zeal to promote his brother's suit; but he received little -comfort from the lady, and could not prevail upon her to accept John -Paston's ring. Indeed she told him plainly she meant to abide by an -answer she had already given to John Paston himself, and desired Sir -John no more to intercede for him. Sir John, however, had secured -possession of a small article belonging to her, a muskball, and told her -he meant to send it to his brother, without creating in her any feeling -of displeasure. Thus the lover was still left with some slight gleam of -hope--if, at least, he cared to indulge it further; but it does not -appear by the correspondence that he thought any more either of Lady -Walgrave or of Elizabeth Eberton.[287-1] - - [Footnote 287-1: Nos. 858, 860.] - -[Sidenote: John Paston's pilgrimage to Compostella.] We have omitted to -notice an incident characteristic of the times, which ought not to pass -altogether unrecorded. The year before these love passages took place, -John Paston took a voyage to Spain on pilgrimage to the shrine of St. -James of Compostella. He sailed, or was about to sail, from Yarmouth -early in July, for the letters only allude to the voyage when he was on -the eve of departure, and he declared his purpose of coming home again -by Calais, where his brother expected to see him within a month after he -left.[287-2] It does not appear what prompted this pious expedition, -unless it was the prevalence of sickness and epidemics in England. -Margaret Paston's cousin, John Berney of Reedham, died in the beginning -of that year;[287-3] and the letter, which first speaks of John Paston's -intended pilgrimage, records also the deaths of the Earl of Wiltshire -and the Lord Sudley, and mentions a false rumour of the death of Sir -William Stanley.[287-4] The death of Sir James Gloys, Margaret Paston's -priest, occurred about four months later; and the same letter in which -that event is mentioned says also that Lady Bourchier (I presume John -Paston's old flame, though she was now the wife of Thomas Howard) had -been nearly dead, but had recovered.[287-5] It is evident that the year -was one of great mortality, though not perhaps quite so great as that of -two years before. - - [Footnote 287-2: Nos. 833, 836.] - - [Footnote 287-3: No. 825.] - - [Footnote 287-4: No. 833.] - - [Footnote 287-5: No. 842.] - -[Sidenote: Illness of Sir John Paston.] During the autumn of the year -following, Sir John Paston had an illness, which probably attacked him -in London, and induced him to remove into Norfolk. After a little -careful nursing by his mother, his appetite returned, and he felt -himself so much stronger that he went back again to London to see to his -pecuniary affairs, which required careful nursing as much as he had done -himself. His brother Edmund, too, had been ill in London about the same -time, but he found him 'well amended'; which was, perhaps, not -altogether the case with himself, for during the winter he had a return -of fever, with pain in the eyes and in one of his legs, particularly in -the heel.[288-1] Sir John, however, was not the man to make much of a -slight indisposition. About Christmas or the New Year he had gone over -to Calais; and while his mother was solicitous about the state of his -health, he said nothing about it, but wrote that he was going into -Flanders, and hoped to get a sight of the siege of Neuss.[288-2] On -receipt of his mother's letter, however, he wrote back that he was -perfectly well again, except that the parts affected were still -tender.[288-3] - - [Footnote 288-1: Nos. 856, 862, 863, 865.] - - [Footnote 288-2: No. 861.] - - [Footnote 288-3: No. 865.] - - [[Footnote 288-3: _missing number "3" added_]] - -[Sidenote: Siege of Neuss.] This siege of Neuss--a town on the Rhine -near Düsseldorf--was an undertaking of Charles the Bold, Duke of -Burgundy, on which the eyes of the whole world were riveted, and -especially of Englishmen. A body of 3000 English took part in the -operations.[288-4] But the work was arduous, and in the end proved -ineffectual. Not only was the attempt a failure, but it caused the -breakdown of other projects besides. The duke had hoped to be master of -the place before the truce with France expired in June 1475, and -afterwards to join with Edward in an invasion of that country, in which -he was bound by treaty to co-operate. But month after month slipped -away, and the Burgundian forces were still detained before Neuss, so -that he was unable strictly to fulfil his engagement. His cunning enemy -Louis saw his advantage in the circumstance, and contrived to cool -Edward's ardour for the war by arts peculiarly his own. He received with -the greatest possible politeness the herald sent by Edward to defy him; -asked him to a private conference; told him he was sure his master had -not entered on the expedition on his own account, but only to satisfy -the clamour of his own people and the Duke of Burgundy. He remarked that -the duke, who had not even then returned from Neuss, had lost the flower -of his army in the siege, and had occasioned the waste of so much time -that the summer was already far spent. He then suggested that the herald -might lay these and other considerations before his master to induce him -to listen to a peace; and he dismissed him with a handsome -present.[289-1] - - [Footnote 288-4: Comines, Book iv. ch. i.] - - [Footnote 289-1: Comines, Book iv. ch. v.] - -[Sidenote: Edward IV. and Louis XI.] The herald did what was expected of -him, and the result told in two ways. Edward's vanity was flattered and -his cupidity was excited. The King of France, it seemed, stood in awe of -him, and did not wish to fight. He was willing to pay handsomely for -peace. How much easier, after all, to accept a large yearly tribute in -recognition of his sovereignty over France than to vindicate it by -conquering the country! Arguments, too, were not wanting in the shape of -private pensions offered by Louis to the Lords of the English Council. -Not, of course, that English noblemen regarded these gratuities as -bribes--Lord Hastings, at least, stood upon his dignity and refused to -give a receipt for money which was but a free-will offering on the one -part, and involved no obligation on the other.[289-2] Still the money -was very acceptable, and there was no doubt a great deal of weight in -the arguments addressed by Louis to the herald. Indeed, any one worthy -to be called a statesman knew quite well that the idea of conquering -France was altogether chimerical. - - [Footnote 289-2: _Ibid._ ch. viii.] - -This was true; but it would scarcely have been pleasant news to the -nation at large, which had been taxed and taxed again for the sake of -that same chimerical idea, to have been informed of what was going on -in the king's council-chamber. For not only had a tenth been voted -one year, and a tenth and fifteenth another, but the wealthy had been -solicited to make still further contributions in a form till now unheard -of--contributions called 'benevolences,' [Sidenote: Benevolences.] -because they were supposed, by a cruel irony, to be offered and given -with good will.[290-1] For the nation was quite sufficiently -aware--there were many then alive who could testify it from past -experience--that it was a difficult and costly business to make any -conquests in France; and everybody had been pricked and goaded to -furnish what he could towards the equipment of the expedition out of -his own resources. - - [Footnote 290-1: _Contin. Chron. Croyl._ p. 558. The king, as is - well known, went about soliciting contributions personally. During - the year 1474, as appears by his Privy Seal dates, he visited - Leicester, Nottingham, Derby, Coventry, Guildford, Farnham, - Kenilworth, Worcester, Gloucester, Bristol, and Cirencester, in - different excursions, returning to London in November; after which - he again set out, going this time into Suffolk. He was at Bury on - the 5th and 7th December, and at West Thorpe, on the northern - confines of the county, on the 8th. From this it appears (though - the Privy Seal dates do not show it) that he must have gone on to - Norwich. After which we find him at Coventry on the 26th, so that - he probably spent his Christmas there. That he visited Norwich - about that time, and solicited benevolences there, is evident from - Letter 863.] - -[Sidenote: Peace with France.] Sir John Paston's brothers, John[290-2] -and Edmund,[290-3] and probably another named Clement, of whom we have -very little notice in the correspondence, went over in the king's great -army to Calais. Sir John himself had been in Calais for some time -before, and his mother commended his younger brothers to his care, -urging him to give them the benefit of his advice and experience for -their safety, as some of them were but young soldiers.[290-4] Margaret -Paston need not have been so anxious if she had been in the secrets of -the Cabinet. No blood was drawn in that campaign. The army had crossed -the sea in the end of June, and peace was already made in the end of -August. Nominally, indeed, it was but a seven years' truce, but it was -intended to be lasting. For a payment of 75,000 crowns in ready money, -a pension of 50,000 crowns a year, and an undertaking that the Dauphin -should hereafter marry Edward's eldest daughter, and that Louis should -give her a dowry of 60,000 livres a year, the king consented to withdraw -his forces and trouble France no longer with his claims.[290-5] - - [Footnote 290-2: Nos. 868, 876.] - - [Footnote 290-3: No. 873.] - - [Footnote 290-4: No. 871.] - - [Footnote 290-5: Rymer, xii. 14-21.] - -Was it a triumph or a humiliation? an easy victory of Edward over Louis, -or of Louis over Edward? The thing might be, and was, looked at from -different points of view. The English considered that they had forced -France to pay tribute; the French king chuckled at having made Edward -his pensioner. Louis, doubtless, had the best of the bargain, for he had -managed to sow division between England and Burgundy, and to ward off a -very serious danger from France. But common-place, dull-witted -Englishmen saw the thing in a different light, and Sir John Paston gave -thanks to God when he reported that the king's 'voyage' was finished and -his host returned to Calais.[291-1] - - [Footnote 291-1: No. 875.] - -[Sidenote: Sir John Paston ill again.] Sir John, however, was the worse -of his abode in Calais air.[291-2] He had felt himself strong and -vigorous when upon the march, but on the return of the army to Calais he -was again taken ill in eight days. We may, perhaps, suspect that it was -another outbreak of his old disease, and that he never allowed himself -sufficient rest to make a perfect recovery. But it may be that from the -general neglect of proper sanitary arrangements, pestilence was still -rife both in Calais and in England. Six weeks later his brother John at -Norwich was also much troubled with sickness.[291-3] - - [Footnote 291-2: _Ibid._] - - [Footnote 291-3: No. 877.] - - -_Sir John Paston and Caister_ - -[Sidenote: William Paston.] When Sir John Paston returned to England, -the first thing that he had to consider was how to meet a debt to his -uncle William which was due at Michaelmas.[291-4] William Paston is a -member of the family of whom we totally lose sight for many years after -the very beginning of Edward's reign; but his pecuniary relations with -his nephew about this time cause him again to be spoken of and to take -part in the correspondence.[291-5] He was, doubtless, a rich man, -although we find him pledging some of his plate to Elizabeth Clere of -Ormesby.[291-6] He was one of the trustees of Elizabeth, Countess of -Oxford, the mother of the banished earl.[291-7] He had married, probably -since the decease of his brother the eldest John Paston, the Lady Anne -Beaufort, third daughter of Edmund, Duke of Somerset, a lady of a -wealthy family; and he occupied the great mansion called Warwick's Inn, -near Newgate, which had been the town-house of the mighty Kingmaker. His -mother, Agnes Paston, lived there along with him.[292-1] Of his family -we may mention here that the first child he had by the Lady Anne was a -daughter named Mary, born, as we know from an old register, on St. -Wolstan's Day, the 19th January 1470. The second, more than four years -later, was also a daughter, and having been born on Tuesday the 19th -July 1474, the eve of St. Margaret's Day,[292-2] was christened Margaret -next day at St. Sepulchre's Church, having for her godfather the Duke of -Buckingham, and for her godmothers, Margaret, Duchess of -Somerset,[292-3] and Anne, Countess of Beaumont.[292-4] Neither of these -two daughters, however, survived him. The second, Margaret, died four -months after her birth, at a time when her father was absent from -London, and was buried before he came home.[292-5] In the end, the lands -of William Paston descended to two other daughters, for he had no sons. - - [Footnote 291-4: No. 875.] - - [Footnote 291-5: Nos. 854, 855, 856.] - - [Footnote 291-6: No. 851.] - - [Footnote 291-7: No. 845.] - - [Footnote 292-1: No. 856.] - - [Footnote 292-2: Our authority is very particular as to the time, - and gives not only the day but the hour: 'Inter horam post nonam - et horam ante horam secundam, viz., fere dimidiam horam ante horam - secundam, luna curren., et erat clara dies.'] - - [Footnote 292-3: Mother of the Lady Margaret Beaufort, Countess of - Richmond, who was the mother of King Henry VII.] - - [Footnote 292-4: So according to Sandford's Genealogy of the - Paston family in Mr. Worship's communication to the _Norfolk - Archæology_. But who was Anne, Countess of Beaumont? I find no - Earl Beaumont in the peerage, but there was a William, Viscount - Beaumont, who succeeded his father in that title in 1459. - According to Dugdale, he had two wives, the first of whom was - named Elizabeth, and the second Joan. His mother, who may have - been living at this time, was also named Elizabeth, but I can find - no Anne.] - - [Footnote 292-5: No. 857.] - -[Sidenote: Money matters.] At this time Sir John had only borrowed of -his uncle £4, a sum not quite so inconsiderable in those days as it is -now, but still a mere trifle for a man of landed property, being perhaps -equivalent to £50 or £60 at the present day. He repaid the money about -November 1474, and his uncle, being perhaps agreeably surprised, -inquired how he was going to redeem a mortgage of 400 marks held by one -Townsend on the manor of Sporle. William Paston was already aware that -Sir John had received a windfall of £100 from the executors of Walter -Lyhart, Bishop of Norwich, who died two years before, and that some one -else had offered to advance another £100, which left only 100 marks -still to be raised. He was afraid his nephew had been compelled to offer -an exorbitant rate of interest for the loan. Sir John, however, being -pressed with his questions, told him that his mother had agreed to stand -surety for the sum he had borrowed; on which William Paston, to save him -from the usurers, offered to advance the remaining 100 marks himself, -and with this view placed, apparently unsolicited, 500 marks' worth of -his own plate in pawn. Sir John thought the plate was in safer custody -than it would have been at Warwick's Inn, where, in his uncle's absence, -it remained in the keeping of his aged grandmother; but he was anxious, -if possible, not to lay himself under this kind of obligation to his -uncle.[293-1] - - [Footnote 293-1: No. 856.] - -The manor of Sporle was redeemed, but apparently not without his uncle -William's assistance. Some other land was mortgaged to his uncle -instead; but the transaction was no sooner completed than Sir John -declared he felt as much anxiety about the land in his uncle's hand as -he had before about that which was in Townsend's. His mother, too, was -not a little afraid, both for the land and for her own securities. She -suspected William Paston was only too anxious to gain some advantage -over them. She was jealous also of the influence he exercised over his -aged mother, who had recently recovered from an illness, and she wished -the old lady were again in Norfolk instead of living with her son in -London.[293-2] - - [Footnote 293-2: Nos. 857, 862, 863.] - -Sir John remained in debt to his uncle for at least a year,[293-3] and -whether he repaid him at the end of that time I cannot tell; but -certainly, if out of debt to his uncle, he was two or three years later -in debt to other men. In 1477 he was unable to meet promptly the claims -of one named Cocket, and was labouring once more to redeem the manor of -Sporle, which he had been obliged to mortgage to Townsend a second time. -His mother, annoyed by his importunity for assistance, told him flatly -she did not mean to pay his debts, and said she grieved to think what he -was likely to do with her lands after her decease, seeing that he had -wasted so shamefully what had been left him by his father.[294-1] - - [Footnote 293-3: No. 875.] - - [Footnote 294-1: Nos. 916, 917.] - -[Sidenote: Sir John Paston's claim to Caister.] But, however careless -about his other property, Sir John, as we have already remarked, always -showed himself particularly anxious for the recovery of Caister. During -the whole of the year 1475, when he was abroad at Calais and with the -army, he makes frequent reference to the matter in his letters. His -brother John and his uncle William had undertaken to urge his suit in -his absence to my lord and lady of Norfolk; but he would have come home -and brought it before the king in Parliament, had not the French king at -that time come to the confines of Picardy, and made the Council of -Calais anxious to retain the services of every available soldier on that -side of the sea.[294-2] He was impatient at the non-fulfilment of a -promise by Bishop Waynflete--'the slow Bishop of Winchester,' as he -called him--to entreat the duke and duchess in his favour.[294-3] But he -was consoled by news which reached him before he came home, that the -king himself had spoken to the Duke of Norfolk on the subject, and that, -though the matter was delayed till next term, the king had commanded the -duke to take good advice on the subject and be sure of the validity of -his title, for justice would certainly be done without favour to either -party.[294-4] This report, however, was rather too highly coloured. The -Duchess of Norfolk denied its accuracy to John Paston. The king, she -said, had only asked the duke at his departure from Calais how he would -deal with Caister, and my lord made him no answer. The king then asked -Sir William Brandon, one of the duke's principal councillors, what my -lord meant to do about it. Brandon had already received the king's -commands to speak to the duke on the subject, and he said that he had -done so; but that my lord's answer was 'that the king should as soon -have his life as that place.' The king then inquired of the duke if he -had actually said so, and the duke said yes. On this the king simply -turned his back without another word, although, as my lady informed John -Paston, if he had spoken one word more, the duke would have made no -refusal. John Paston, however, informed her ladyship that he would no -longer be retained in the duke's service.[295-1] - - [Footnote 294-2: No. 864.] - - [Footnote 294-3: No. 873.] - - [Footnote 294-4: Nos. 875, 876.] - - [Footnote 295-1: No. 877.] - -[Sidenote: His petition to the king.] Sir John drew up a petition to the -king upon the subject. He showed that the duke had been originally led -to lay claim to Caister by the malice of Sir William Yelverton, William -Jenney, and Thomas Howes, who were enfeoffed of that and other lands to -his use; that upon their suggestion the duke had entered the manor by -force, and also taken from him 600 sheep and 30 neat, besides one -hundred pounds' worth of furniture; that he had done damage to the place -itself which 200 marks would not suffice to repair, and that he had -collected the revenues of the lands for three years to the value of -£140. By the mediation of the Bishop of Winchester, the duke had -afterwards restored him to possession of the manor on payment of 500 -marks, and released to him his estate and interest therein by a deed -under the seals of himself and his co-feoffees, and of the Bishop of -Winchester. Sir John, however, had remained in possession only half a -year, during which time he had laid out 100 marks in repairs, and £40 -for the 'outrents' due for the three years preceding, when the duke -again forcibly entered the manor, and had kept possession from that time -for the space of four years and more, refusing to hear any remonstrances -on the subject, or to allow Sir John to come to his presence. Moreover, -when Sir John had applied to any of my lord's council, requesting them -to bring the matter before his lordship, they told him that they had -mentioned his request, but that he was always so exceedingly displeased -with them that they did not dare to urge it. Thus Sir John had lost all -his cost and trouble for four years, and thrown away 500 marks to no -purpose.[295-2] - - [Footnote 295-2: No. 879.] - -[Sidenote: A.D. 1476, 16th Jan.] This petition was probably never -presented to the king. [Sidenote: Death of the Duke of Norfolk.] It must -have been drawn up in the end of the year 1475, and in the middle of -January 1476 the Duke of Norfolk suddenly died.[295-3] The event seems -to have occurred at his seat at Framlingham, and Sir John Paston, who -writes to notify it to his brother, must have been there at the -time,[296-1] intending perhaps to have made one last effort with the -duke's council or himself, before applying for justice to the king. But -matters now stood on a different footing, and Sir John, after making his -intention known to the duke's council, sent a messenger named Whetley to -Caister to assert his rights there. Considering all that had passed, the -act could not reasonably have been wondered at; but his brother John -intimated to him a few days later that it was resented by some of the -late duke's servants, as showing great want of respect for their -master.[296-2] This imputation Sir John repudiated, pointing out most -truly that no wise man could have blamed him, even if he had anticipated -the duke's decease, and entered Caister an hour before it took place. -Indeed, considering the justice of his claim, no one could be sorry to -see Sir John in possession, who was a real friend to the duke, and loved -the weal of his soul.[296-3] - - [Footnote 295-3: No. 881.] - - [Footnote 296-1: Sir John's letter is distinctly dated Wednesday - the 17th January, 15 Edward IV. (1476), and he says the event took - place 'this night about midnight.' It is scarcely probable, - however, that he wrote within an hour of the occurrence, as he - mentions having spoken after it with the duke's council about - furnishing cloth of gold for the funeral. I suppose therefore that - the death took place on the night between the 16th and the 17th, - and that Sir John wrote on the following morning. The date given - in the _Inquisition post mortem_ (17 Edw. IV., No. 58) is, strange - to say, erroneous; for it was found in twelve different counties - that the duke died on _Tuesday after Epiphany_, in the fifteenth - year of Edward IV., which would have been the 9th January instead - of the 16th. These inquisitions, however, were not taken till more - than a year and a half after the event, and it is clear the date - they give is wrong by a week; but they may, nevertheless, be taken - as additional evidence that the duke died on a Tuesday and not on - a Wednesday.] - - [Footnote 296-2: No. 883.] - - [Footnote 296-3: No. 884.] - -It is curious to see the notions entertained in that day of the respect -due to a duke, even from those whom he had very seriously wronged. -However, Sir John Paston was not backward in yielding all that was -conventionally due; and in the very letter in which he intimated the -duke's death to his brother, he says he had promised his council the -loan of some cloth of gold for the funeral. The article was one which it -was difficult to procure in the country, and he proposed to lend them -some that he had bought for his father's tomb.[296-4] His mother -afterwards authorised him to sell it to them, if he could get a -sufficient price for it.[296-5] - - [Footnote 296-4: No. 881.] - - [Footnote 296-5: No. 882.] - -Sir John, however, after a brief visit to Norwich, hastened up to -London. Now was the time that application must be made to the king; for -it would be found by the inquisition that the Duke of Norfolk had -actually died seised of the manor of Caister, and, unless efficient -protest were made, the title would be confirmed to his widow.[297-1] Sir -John's chief fear seems to have been that writs of _diem clausit -extremum_ would be issued before he had an opportunity of urging reasons -for delay; in which case the inquisition would speedily be taken, and -all that he could do would be to set forth his claim to the escheator -before whom it was held. But he soon found that he need not be over -anxious on this account. The duchess herself was anxious that the writs -should not be issued too precipitately, and John Paston told his brother -that he 'need not deal over largely with the escheators.'[297-2] The -duchess, on the other hand, was suspicious of Sir John, and was warned -to be upon her guard lest he should attempt to retake Caister by the -strong hand. A favourable opportunity might have been found for such an -attempt at that time, as the moat was frozen and could have been crossed -with ease. John Paston, however, assured the duchess that his brother -intended to make no entry without her knowledge and assent. The matter -at last was brought before the king's council, and was decided in Sir -John Paston's favour in May following, all the lords, judges, and -serjeants pronouncing his title good. [Sidenote: Recovery of Caister.] -Privy seals were then made out for the duchess's officers to give up -possession, and seven years after the siege of Caister, Sir John was -once more the acknowledged master of the place.[297-3] - - [Footnote 297-1: No. 882.] - - [Footnote 297-2: No. 885.] - - [Footnote 297-3: Nos. 891, 892.] - -The whole story of the duke's claim to Caister and of his injustice -towards Sir John was finally recorded in the inquisition, which was -taken, after an unusual delay, in October of the year following. It was -shown that Yelverton, Jenney, and Howes, acting without the assent and -against the will of the other trustees of Sir John Fastolf's lands, but -in their names, had made a charter granting to the duke and to Thomas -Hoo, Sir Richard Southwell, William Brandon, Ralph Asheton, John -Tymperley, and James Hobert, the manors of Caister in Flegg, by Great -Yarmouth, called Redham Hall, Vaux, and Bosouns. This charter, which was -not sealed, was shown to the jury, and it appeared that the said -Yelverton, Jenney, and Howes had thereby demised what had belonged to -them, that is to say, three out of eight parts of the same manors, to -the said duke and the others. Afterwards the same duke and his -co-feoffees, by the mediation of the Bishop of Winchester, seeing that -the said demise and enfeoffment was against conscience, and in -consideration of 500 marks paid by the bishop at the charge of Sir John -Paston, enfeoffed John, Bishop of Hereford, John, Bishop of Coventry and -Lichfield, and nine others, to the use of Sir John Paston. These again, -by another deed, gave up their trust to Sir John Paston, and to Guy -Fairfax and Richard Pigot, serjeants-at-law, John Paston, Esquire, and -Roger Townsend, whom they enfeoffed to the use of Sir John Paston and -his heirs for ever. Then the other trustees of Sir John Fastolf -enfeoffed the same Sir John Paston, Fairfax, and the others in the same -way; so that these last became seised to Sir John's use of the whole -property--not merely of the three-eighths originally demised by -Yelverton, Jenney, and Howes, but also of the remaining -five-eighths--until they were violently disseised by the duke, who -enfeoffed thereof Thomas, Archbishop of Canterbury, William, Bishop of -Winchester, Henry, Earl of Essex, Richard Southwell, James Hobert, -Richard Darby, clerk, and John York. After this the duke died; but while -he lived, Sir John Paston had continually laid claim to the manors in -his own name and in that of the said Guy Fairfax and others, sometimes -entering the same, and sometimes going as near as he could with safety -to himself. Finally, he entered after the duke's death, and had been -seised for a long time when the inquisition was taken. The duke, -therefore, it was found, did not die seised of the manors. It was -further found that these manors were holden of the Abbey of St. Benet's, -Hulme.[298-1] - - [Footnote 298-1: _Inquisition post mortem_, 17 Edw. IV., No. 58.] - - -_Death of Charles the Bold_ - -The allusions to public affairs contained in the letters about this time -are of some interest. News came from Rome that a great embassy, -consisting of Earl Rivers, Lord Ormond, Lord Scrope, and other lords of -England, had been honourably received by the pope, but after their -departure had been robbed of their plate and jewels at twelve miles' -distance from Rome. On this they returned to the city to seek a remedy -for the property they had lost was worth fully a thousand marks. -[Sidenote: Defeat of the Duke of Burgundy by the Swiss.] In the same -letter mention is made of the conquest of Lorraine by the Duke of -Burgundy, and his disastrous expedition into Switzerland immediately -after. By the first of these events the prospects of Margaret of Anjou -were seriously impaired, and the French king paid less attention to her -interests. In the second, the victorious career of Charles the Bold had -been already checked by the first great defeat at Grandson. His vanguard -had been broken, his artillery captured by the Swiss, his whole army -repulsed, and booty of enormous value left in the hands of the enemy. -'And so,' as Sir John Paston reports the matter, 'the rich saletts, -helmets, garters, nowches gilt, and all is gone, with tents, pavilions, -and all; and so men deem his pride is abated. Men told him that they -were froward karls, but he would not believe it. And yet men say that he -will to them again. God speed them both!'[299-1] - - [Footnote 299-1: No. 889.] - -[Sidenote: His death. A.D. 1477, 5th Jan.] This expectation, as we know, -was verified, and the result was that the defeat of Charles at Grandson -was followed by another still more decisive defeat at Morat. Yet -Charles, undaunted, only transferred the scene of action to Lorraine, -where he met with his final defeat and death at Nancy. The event made a -mighty change. The duchy which he had nearly succeeded in erecting into -an independent kingdom, and which, though nominally in feudal subjection -to France, had been in his day a first-rate European power, now fell to -a female. The greatness of Burgundy had already departed, and the days -of its feudal independence were numbered. To England the state of -matters was one of deep concern, for, should France turn hostile again, -the keeping of Calais might not be so easy, unless the young Duchess -Mary could succeed in organising a strong government in the Low -Countries. A Great Council was accordingly convoked by the king, and met -on the 18th of February. The world, as Sir John Paston wrote, seemed to -be 'all quavering.' Disturbance was sure to break out somewhere, so that -'young men would be cherished.' A great comfort this, in Sir John's -opinion, and he desires his brother John to 'take heart' -accordingly.[300-1] - - [Footnote 300-1: No. 900.] - - -_Conclusion of the Family History_ - -[Sidenote: John Paston and Margery Brews.] His brother John, however, -found occupation of a more peaceful character. About this very time he -had met with a lady named Margery Brews, daughter of Sir Thomas Brews, -and had clearly determined in his own mind that she would be a desirable -wife for him. In the spring of the year 1476, he had heard that a -certain Mrs. Fitzwalter had a sister to marry, and thought his brother -Sir John might negotiate a match for him in that quarter;[300-2] but the -affair fell through, apparently because his brother refused to stand -surety that he would make her a jointure of 50 marks a year.[300-3] Not -many months, however, passed away, when he and Dame Elizabeth Brews were -in correspondence about his proposed marriage with her daughter. He had -promised the mother not to speak his mind to the young lady herself till -he had come to an agreement with her parents; but Margery, I suppose, -had read his purpose without an explicit declaration, or had forced it -out of him. At all events she was no coy heroine of the modern type, but -had a very decided mind upon the subject, and gave her mother no peace -with her solicitations to bring the matter to effect.[300-4] - - [Footnote 300-2: No. 890.] - - [Footnote 300-3: No. 892.] - - [Footnote 300-4: Nos. 894, 895, 896.] - -[Sidenote: A.D. 1477, Feb.] Her mother, for her part, was not unwilling, -and believing that pecuniary matters might be easily arranged with her -husband, wrote to John Paston in February, reminding him that Friday was -Valentine's Day, when every bird chose him a mate. She also invited him -to visit her on Thursday night, and stay till Monday, when she hoped he -would have an opportunity of speaking to her husband. In fact, she -showed herself quite eager for the match, and alluding apparently to -some difficulty made by her husband to terms that had been already -offered, said it was but a simple oak that was cut down at the first -stroke.[301-1] Thus encouraged, John Paston persevered in his suit, and -Margery wrote him very warm and ardent letters, calling him her -well-beloved valentine, and vowing that she would accept him with half -the 'livelode' he actually possessed.[301-2] The question, however, was -how much the father could afford to give along with his daughter, and -what Margaret Paston and Sir John could do that they might have a -reasonable settlement. Sir John Paston's answer was very discouraging. -He felt himself in no condition to help his brother, and after pointing -out the difficulty of acting on some of his suggestions, he added in a -surly fashion: 'This matter is driven thus far forth without my counsel; -I pray you make an end without my counsel. If it be well, I would be -glad; if it be otherwise, it is pity. I pray you trouble me no -more.'[301-3] - - [Footnote 301-1: No. 896.] - - [Footnote 301-2: Nos. 897, 898.] - - [Footnote 301-3: Nos. 902, 909.] - -Margaret Paston, however, showed a mother's heart in the affair, and -consented to entail upon the young people her manor of Sparham, if Sir -John would consent to ratify the gift, and forgo his prospective -interest in the succession. Even to this Sir John would not quite -consent. He wished well to his brother, owned that it would be a pity -the match should be broken off, and did not wonder at what his mother -had done; but he saw reasons why he could not 'with his honesty' confirm -it. He did not, however, mean to raise any objection. 'The Pope,' he -said, 'will suffer a thing to be used, but he will not license, nor -grant it to be used nor done, and so I.' He would be as kind a brother -as could be, and if Sir Thomas Brews was afraid he might hereafter -disturb John Paston and his wife in the possession of the manor, he was -quite ready to give a bond that he would attempt no such thing. The -manor was not his, and he professed he did not covet it.[301-4] - - [Footnote 301-4: Nos. 910, 911.] - -Sir John seems really to have desired his brother's happiness, though -from his own bad management he knew not how to help him.[302-1] Hitherto -he had been the mediator of all such schemes for him, probably because -the younger brother believed his prospects to be mainly dependent upon -the head of the house; and I am sorry to say he had been employed in the -like duty even after John Paston had begun to carve for himself. For it -is clear that after receiving those warm letters from Margery Brews, in -which she called him her valentine, and was willing to share his lot if -it were with half his actual means, he had commissioned his brother once -more to make inquiries about a certain Mistress Barly. Sir John's -report, however, was unfavourable. It was 'but a bare thing.' Her income -was insignificant, and she herself was insignificant in person; for he -had taken the pains to see her on his brother's account. She was said to -be eighteen years of age, though she looked but thirteen; but if she was -the mere girl that she looked, she might be a woman one day.[302-2] - - [Footnote 302-1: No. 913.] - - [Footnote 302-2: No. 903.] - -Perhaps, after all, like Captain Absolute, John Paston had more a mind -of his own in the matter than might be inferred from his giving so many -commissions to another to negotiate a wife for him. At all events, if he -had not made up his mind before, he seems really to have made it up now, -and he steered his way between difficulties on the one side and on the -other with a good deal of curious diplomacy, for which we may refer the -reader to the letters themselves.[302-3] In the end, though Sir John -seems to have been in vain urged by his mother to show himself more -liberal,[302-4] all other obstacles were removed, and during the autumn -of the year 1477 the marriage took effect.[302-5] - - [Footnote 302-3: Nos. 901, 904, 905, 913, 915.] - - [Footnote 302-4: No. 916.] - - [Footnote 302-5: No. 923.] - -Before Christmas in that same year, it had become apparent that children -would soon follow of their union;[302-6] and after the New Year John -Paston took Margery to her father's house to be with her friends a short -time, while yet she could go about with ease.[302-7] Their eldest child -was born in the following summer, and received the name of -Christopher.[302-8] Other children followed very soon,[303-1] and by the -time they had been seven years married, John and Margery Paston had two -lads old enough to be sent on messages,[303-2] besides, in all -probability, one or more daughters. It was, however, their second son, -William,[303-3] that continued their line, and became the ancestor of -the future Earls of Yarmouth. - - [Footnote 302-6: _Ibid._] - - [Footnote 302-7: No. 925.] - - [Footnote 302-8: No. 936.] - - [Footnote 303-1: No. 982.] - - [Footnote 303-2: No. 999.] - - [Footnote 303-3: He was a lawyer of some eminence, received the - honour of knighthood from Henry VIII., and was Sheriff of Norfolk - in 1517-18. He died in 1554. It was his grandson, another Sir - William, whose name is so well known in Norfolk as the founder of - the North Walsham Grammar School.] - -[Sidenote: The Duke of Suffolk again gives trouble.] In the spring of -1478 Sir John Paston was again involved in a dispute with a powerful -nobleman. The Duke of Suffolk revived his old claim to Hellesdon and -Drayton, and ventured to sell the woods to Richard Ferror, the Mayor of -Norwich, who thereupon began to cut them down. Sir John brought the -matter into Chancery, and hastened up to London. Ferror professed great -regret, and said he had no idea but that the manor was in peaceable -possession of the duke, adding that if Sir John had sent him the -slightest warning, he would have refrained from making such a bargain. -This, however, was a mere pretence; for, as Sir John remarked to his -brother, he must certainly have spoken about the matter beforehand with -some well-informed men in Norwich, who would have set him right.[303-4] -At all events Ferror went on with what he had begun, and nearly the -whole of Drayton wood was felled by Corpus Christi Day, the 20th day of -May. Whetley, a servant of Sir John Paston, who had been sent down from -London on the business, writes on that day to his master that the duke -had made a formal entry into Hellesdon on Wednesday in Whitsun week. He -dined at the manor-house, 'drew a stew, and took plenty of fish.' I -suppose from what follows that he also held a court as lord of the -manor. 'At his being there that day,' writes Whetley, 'there was never -no man that played Herod in Corpus Christi play better and more -agreeable to his pageant than he did. But ye shall understand that it -was afternoon, and the weather hot, and he so feeble for sickness that -his legs would not bear him, but there was two men had great pain to -keep him on his feet. And there ye were judged. Some said "Slay"; some -said "Put him in prison." And forth come my lord, and he would meet you -with a spear, and have none other 'mends for the trouble ye have put him -to but your heart's blood, and that will he get with his own hands; for -and ye have Hellesdon and Drayton, ye shall have his life with -it.'[304-1] - - [Footnote 303-4: Nos. 929, 930.] - - [Footnote 304-1: No. 932.] - -It appears, however, that the Duke of Suffolk was not in high favour -with the king, and it was considered at this time that Sir John Paston's -influence at court was very high. Although the affair with Anne Haute -had been broken off, it was expected that he would marry some one nearly -related to the queen's family; and Margaret Paston thought it a strong -argument for the match, if her son could find it in his heart to love -the lady, that it would probably set at rest the question of his title -to Hellesdon and Drayton.[304-2] This ambitious hope was not destined to -be gratified. We know not even who the lady was that is thus referred -to; and as to the dispute with the Duke of Suffolk, it remained -unsettled at least a year and a half--in fact, as long as Sir John -Paston lived.[304-3] - - [Footnote 304-2: No. 933.] - - [Footnote 304-3: No. 956.] - -[Sidenote: The manor of Oxnead.] Two or three months after the beginning -of this dispute, William Paston the uncle accompanied the Duke of -Buckingham into Norfolk on pilgrimage to the shrine of Our Lady at -Walsingham. At his coming he brought a report that there was likely also -to be trouble in the manor of Oxnead, which belonged to his mother -Agnes, the widow of the judge. The nature of this trouble is not stated; -but apparently it was either occasioned, like the other, by a claim of -the Duke of Suffolk, or it was feared the duke might attempt to profit -by it. 'Wherefore I pray you,' writes Sir John Paston to his brother, -'take heed lest that the Duke of Suffolk's council play therewith now at -the vacation of the benefice, as they did with the benefice of Drayton, -which by the help of Mr. John Salett and Donne, his men, there was a -quest made by the said Donne that found that the Duke of Suffolk was -very patron, which was false; yet they did it for an evidence.' Whether -the duke's council attempted the same policy on this occasion, we cannot -say; but by some means or other the Paston family were hindered from -exercising their right of presentation, so that they very nearly lost -it. A rector named Thomas, presented to the living by Agnes Paston three -years before, died in March 1478. On the 5th August following, Agnes -Paston made out letters of presentation in favour of Dr. Richard -Lincoln, but for some reason or other this presentation did not pass; -and eight days later she presented a certain Sir William Holle, who we -are told ran away. Her rights, however, were contested; and after the -benefice had remained more than a year vacant, some insisted that it had -lapsed to the bishop by the patron not having exercised her rights -within six months. She had, however, as a matter of fact, delivered Sir -William Holle his presentation within that period; and though he did not -avail himself of it, she was, after a good deal of trouble, allowed to -present again.[305-1] - - [Footnote 305-1: Nos. 934, 935, 936, 937, 943.] - -[Sidenote: Walter Paston.] In the spring of 1478 Margaret Paston had a -serious illness, and, thinking that it would carry her off, she made her -will. She lived, however, six years longer, and the will she had made -was superseded by another dated on the 4th of February 1482.[305-2] For -in the interval considerable changes took place in the family, which we -shall mention presently. At this time she had five, if not six, sons and -two daughters, but the daughters were both of them married; and, as we -have already intimated, she was particularly anxious about her son -Walter, who was now at Oxford being educated for the priesthood.[305-3] -He had not yet taken orders, when his mother, finding some benefice -vacant, of which she expected to have the disposal,[305-4] thought of -conferring it upon him, and took advice upon the matter of Dr. Pykenham, -Judge of the Court of Arches. She was told, however, that her intention -was quite against the canon law for three reasons: first, because her -son had not received the tonsure, which was popularly called Benet; -secondly, he had not attained the lawful age of four-and-twenty; and -thirdly, he would require to take priest's orders within a twelvemonth -after presentation to the benefice, unless he had a dispensation from -the Pope, which Dr. Pykenham felt sure he could never obtain.[306-1] His -progress at Oxford, however, seems to have given satisfaction to his -tutor, Edmund Alyard, who reports on the 4th March 1479 that he might -take a bachelor's degree in art when he pleased, and afterwards proceed -to the faculty of law.[306-2] This course he intended to pursue; and he -took his degree at Midsummer accordingly,[306-3] then returned home to -Norwich for the vacation. His career, however, was arrested by sudden -illness, and he died in August. He left a will, hastily drawn up before -his death, by which it appears that he was possessed of the manor of -Cressingham, which he bequeathed to his brother John Paston, with a -proviso that if ever he came to inherit the lands of his father it -should go to his other brother Edmund. He also possessed a flock of -sheep at Mautby, which he desired might be divided between his sister -Anne Yelverton and his sister-in-law Margery, John Paston's wife.[306-4] - - [Footnote 305-2: Nos. 932, 978.] - - [Footnote 305-3: No. 931.] - - [Footnote 305-4: Oxnead, which was certainly vacant at the date - which I have supposed to be that of Margaret Paston's application - to Dr. Pykenham, was in her mother-in-law Agnes Paston's gift; but - it is not at all unlikely that this was the living in question, as - she may reasonably have expected to be able to prevail upon the - old lady to give it to her grandson.] - - [Footnote 306-1: No. 941.] - - [Footnote 306-2: No. 949.] - - [Footnote 306-3: Nos. 945, 946.] - - [Footnote 306-4: No. 950.] - -[Sidenote: Clement.] Of Margaret Paston's other sons one named Clement -is mentioned in Fenn's pedigree of the family; but he is nowhere spoken -of in the correspondence. I presume that Fenn was not without authority -for inserting his name in the family tree, and I have surmised that he -was one of the 'young soldiers,' about whom Margaret Paston was -solicitous, who went over to Calais in 1475. He may perhaps have died -soon after. The absence of his name, especially in his mother's will, is -at least strong presumptive evidence that he was not alive in 1482. -[Sidenote: Edmund and William.] Edmund Paston, another brother, was -probably of about the same age as Walter, perhaps a year or two older; -and the youngest of the family was William, who in the beginning of the -year 1479 was learning to make Latin verses at Eton.[306-5] He must have -been at this time barely nineteen years of age;[306-6] but he had -precociously fallen in love with a certain Margaret Alborow. He writes -to his brother John Paston how he first became acquainted with her at -the marriage of her elder sister,--that she was not more than eighteen -or nineteen (which was just about his own age); that she was to have a -portion in money and plate whenever she was married, but he was afraid -no 'livelode' or lands till after her mother's decease. His brother -John, however, could find out that by inquiry.[307-1] As might have been -expected, this calf-love came to nothing. I do not know if William -Paston ever married at all. At a more advanced age his brother Edmund -writes to him offering to visit on his behalf a widow, who had just -'fallen' at Worsted, whose deceased husband had been worth £1000, and -had left her 100 marks in money, with plate of the same value, and £10 a -year in land.[307-2] - - [Footnote 306-5: No. 942. _See_ a previous letter of his, No. 939, - and also a notice of his schooling as early as August 1477, when - Margaret Paston writes to Sir John to pay for his board and - school-hire, gowns, and other necessaries (No. 917).] - - [Footnote 306-6: No. 842.] - - [Footnote 307-1: No. 942.] - - [Footnote 307-2: No. 974.] - -For Edmund Paston himself the same kind of office had been performed in -1478 by his brother John, who, having heard while in London of 'a goodly -young woman to marry,' spoke with some of her friends, and got their -consent to her marrying his brother. She was a mercer's daughter, and -was to have a portion of £200 in ready money, and 20 marks a year in -land after the decease of a stepmother, who was close upon fifty. This -match, however, did not take effect, and about three years later Edmund -Paston married Catherine, the widow of William Clippesby.[307-3] - - [Footnote 307-3: No. 975. There is an oversight in the preliminary - note to this letter. The date is certainly 1481, and no later, as - Margaret Paston in her will makes bequests not only to Edmund and - his wife Catherine, but to their son Robert, who must therefore - have been born before February 1482.] - -[Sidenote: Death of Agnes Paston;] The year 1479 was, like several of -the years preceding, one of great mortality, and it was marked by -several deaths in the Paston family. The grave had not yet closed over -Walter Paston, when news came to Norwich of the death of his -grandmother, old Agnes Paston, the widow of the judge. At the same time -John Paston's wife, Margery, gave birth, in her husband's absence, to a -child that died immediately after it was born.[307-4] This perhaps was a -mere accidental coincidence. Two months later Sir John Paston found it -necessary to go up to London on business, partly, it would seem, about -his dispute with the Duke of Suffolk, and partly, perhaps, to keep watch -on the proceedings of his uncle William with regard to the lands of his -grandmother; for it appears that his uncle, who immediately on his -mother's death laid claim to the manor of Marlingford,[308-1] had been -making certain applications to the escheator on the subject, which were -naturally viewed with jealousy. On his arrival in town, Sir John found -his chamber ill ventilated, and his 'stuff not so clean' as he had -expected. He felt uneasy for fear of the prevailing sickness, -and some disappointments in money matters added sensibly to his -discomfort.[308-2] [Sidenote: and of Sir John Paston.] He fell ill, and -died in November. John Paston was on the point of riding up to London to -have brought down his body with that of his grandmother, who had been -kept unburied nearly three months, to lay them both in Bromholm Priory, -beside his father. But he was met by a messenger, who told him that his -brother had already been buried at the White Friars, in London.[308-3] - - [Footnote 307-4: No. 952.] - - [Footnote 308-1: No. 953.] - - [Footnote 308-2: No. 956.] - - [Footnote 308-3: No. 962.] - - [[Sidenote: Death of Agnes Paston; - _not an error: sentence continues later_]] - -We cannot close the record of Sir John Paston's life without a certain -feeling of regret. The very defects of his character give an interest to -it which we do not feel in that of his father or of his brother John. He -is a careless soldier, who loves adventure, has some influence at court, -mortgages his lands, wastes his property, and is always in difficulties. -Unsuccessful in love himself, he yet does a good deal of wooing and -courting disinterestedly in behalf of a younger brother. He receives -sprightly letters from his friends, with touches of broad humour -occasionally, which are not worse than might be expected of the -unrestrained freedom of the age.[308-4] He patronises literature too, -and a transcriber copies books for him.[308-5] With his death the -domestic interest of the Paston Letters almost comes to an end, and the -quantity of the correspondence very greatly diminishes. The love-making, -the tittle-tattle, and a good deal of the humour disappear, and the few -desultory letters that remain relate, for the most part, either to -politics or to business. - - [Footnote 308-4: Nos. 906-908.] - - [Footnote 308-5: No. 695.] - -[Sidenote: The title to Marlingford and Oxnead.] As soon as the news of -his death arrived in Norfolk, John Paston wrote to his mother, desiring -that his brother Edmund would ride to Marlingford, Oxnead, Paston, -Cromer, and Caister, to intimate his right of succession to the tenants -of these different manors, and to warn those of Marlingford and Oxnead -to pay no rents to the servants or officers of his uncle William.[309-1] -These two manors, the reader will remember, belonged to Agnes Paston; -and her son William, with whom she lived, had doubtless watched the old -lady's failing health, and made preparations even before her actual -decease to vindicate his claim to them as soon as the event -occurred.[309-2] The manors, however, having been entailed under Judge -Paston's will, properly descended to Sir John Paston, and after his -death to his brother John. In accordance, therefore, with his brother's -instructions, Edmund Paston rode to Marlingford on Sunday before St. -Andrew's Day, 'and before all the tenants examined one James, keeper -there for William Paston, where he was the week next before St. Andrew; -and there he said that he was not at Marlingford from the Monday unto -the Thursday at even, and so there was no man there but your brother's -man at the time of his decease' (we are quoting a letter of William -Lomnour to John Paston). 'So by that your brother died seised. And your -brother Edmund bade your man keep possession to your behoof, and warned -the tenants to pay no man till ye had spoken to them.' In the afternoon -Edmund went on to Oxnead, where a servant named Piers kept possession -for Sir John Paston, and he found that William Paston's agent was not -there at the time, but had ordered another man to be there in his place. -Whether that amounted to a continuance of the possession of William -Paston, was a point to be considered.[309-3] - - [Footnote 309-1: No. 962.] - - [Footnote 309-2: No. 940.] - - [Footnote 309-3: No. 963.] - -As usual in such cases, farmers and tenants had everywhere a bad time of -it until uncle and nephew were agreed. John Paston's men threatened -those of his uncle William at Harwellbury, while, on the other hand, his -uncle William's men molested those of John Paston at Marlingford.[309-4] -During the interval between Agnes Paston's death and that of Sir John, -the tenants at Cromer had been uncertain who was to be their lord, and -at Paston there was a similar perplexity.[309-5] Sir John's bailiff -ordered the Paston tenants to pay no rents to Mr. William Paston; but -one Henry Warns wrote to Mr. William of the occurrence, and ordered them -to pay none to any one else. After Sir John's death Warns still -continued to be troublesome, making tenants afraid to harrow or sow lest -they should lose their labour, pretending that John Paston had given him -power over everything he had himself in the place.[310-1] Things went on -in this unpleasant fashion for a period of at least five years.[310-2] - - [Footnote 309-4: Nos. 970, 982, 983.] - - [Footnote 309-5: No. 957.] - - [Footnote 310-1: Nos. 852 and 853, which by inadvertence I have - assigned to the year 1474. They are undoubtedly of the year 1479, - the former being written just before Sir John Paston's death, and - the latter after it.] - - [Footnote 310-2: No. 998.] - -[Sidenote: Death of Margaret Paston.] Margaret Paston survived her son -Sir John five years, and died in 1484, in the reign of Richard -III.[310-3] In her very interesting will, made two years before her -decease, a number of bequests of a religious and charitable kind show -how strongly she felt the claims of the poor, the sick, and the needy, -as well as those of hospitals, friars, anchoresses, and parish churches. -From the bequests she makes to her own family, it appears that not only -John Paston, her eldest surviving son, but his brother Edmund also, was -by that time married, and had children. To Edmund she gives 'a standing -piece white covered, with a garlick head upon the knop,' 'a gilt piece -covered, with a unicorn,' a feather bed and a 'transom,' and some -tapestry. To his wife Catherine she leaves a purple girdle 'harnessed -with silver and gilt,' and some other articles; and to their son Robert, -who must have been quite an infant, all her swans marked with -'Daubeney's mark,' to remain with him and his heirs for ever. Various -other articles are left to her daughter Anne, wife of William Yelverton, -to her son William, to John and Margery Paston, and to their son William -and to their daughter Elizabeth (apparently Christopher Paston, the -eldest child, was by this time dead), and also to Constance, a natural -daughter of Sir John Paston. She also left £20 to John Calle, son of her -daughter Margery, when he should come to be twenty years of age, and if -he died before that, it was to be divided between his brothers William -and Richard when they grew up. To Margery Calle herself and her husband -Richard she left nothing.[311-1] - - [Footnote 310-3: The exact date is given as the 4th November 1484 - in a calendar prefixed to an old MS. missal in the possession of - the late Mr. C. W. Reynell.] - - [Footnote 311-1: No. 978.] - - -_Times of Richard III. and Henry VII._ - -[Sidenote: Richard III.] The personal interest of the correspondence is -not altogether exhausted, although, as we have already remarked, it is -very greatly diminished after the death of Sir John Paston. But the -political interest of the remaining letters is so great, that they are -almost more indispensable to the historian than the preceding ones. The -brief and troubled reign of Richard III. receives illustration from two -letters of the Duke of Norfolk to John Paston. The first was written in -anticipation of Buckingham's rebellion, requiring him to make ready and -come to London immediately with 'six tall fellows in harness,' as the -Kentish men were up in the Weald, and meant to come and rob the -city.[311-2] Again, on the Earl of Richmond's invasion, the duke desires -Paston to meet him at Bury with a company, to be raised at the duke's -expense.[311-3] There is also a copy of King Richard's proclamation -against Henry Tudor,[311-4] of which, however, the text is preserved in -other MSS. - - [Footnote 311-2: No. 994.] - - [Footnote 311-3: No. 1002.] - - [Footnote 311-4: No. 1001.] - -[Sidenote: Henry VII.] The troubles of the reign of Henry VII. at first -were scarcely less in magnitude than those of the tyrant whom he -overthrew. But somehow or other the new king had the art of discovering -who was to be trusted and who was not. John Paston was soon found out to -be a man deserving of confidence. Very early, indeed, in Henry's reign, -he must have acquired some influence at court. [Sidenote: John Paston -Sheriff of Norfolk.] Two months had not elapsed after the battle of -Bosworth when we find him Sheriff of Norfolk. The Duke of Suffolk writes -to him to issue proclamations in the king's name against certain rebels -who were in confederacy with the Scots.[311-5] The Countess of Surrey -writes to him to intercede with my Lord Fitzwalter and the Earl of -Oxford in behalf of her imprisoned husband.[311-6] Lady Fitzhugh, -a daughter of the great Kingmaker, calls him her son, and requests his -favour for her daughter Anne, wife of the fugitive Yorkist rebel -Francis, Viscount Lovel, whose pardon she was making importunate suit to -obtain.[312-1] The king himself writes to him,[312-2] and the Earl of -Oxford addresses letters to him as his 'right well beloved -councillor.'[312-3] The earl, of course, was his old friend, and we may -presume it was through his influence that Paston was recommended to the -king's favour. - - [Footnote 311-5: No. 1006.] - - [Footnote 311-6: No. 1004.] - - [Footnote 312-1: No. 1008.] - - [Footnote 312-2: No. 1010.] - - [Footnote 312-3: No. 1012.] - - [[Footnote 312-2: _missing "2" added_]] - -[Sidenote: Lambert Simnel's rebellion.] So much honour, trust, and -confidence had already been bestowed on him when the rebellion of -Lambert Simnel broke out in the second year of Henry's reign. Of that -commotion we have some interesting illustrations, by which it is clear -that the gentry of Norfolk were at first doubtful of the success of the -king's cause, and that many were indisposed to obey his summons to -battle. Sir William Boleyn and Sir Harry Heydon had gone as far as -Thetford on their way towards Kent, when they received advice which -induced them to return. Sir Edmund Bedingfield wrote to John Paston, he -believed that they would not go if the king wanted them. But there were -similar rumours about John Paston himself, and it was even said that he -meditated mischief. It is true he had actually waited on the king, in -the train, apparently, of the Earl of Oxford, one of the two generals to -whom the military powers of the whole kingdom were at this time -intrusted; but it was suspected, perhaps owing to the application made -to him on her account, that after my lord's departure from the king he -had been with the Viscountess Lovel, whose husband was among the rebel -leaders. 'But wrath said never well,' adds Bedingfield in reporting this -rumour to John Paston himself. It was evident that he had enemies, and -it was necessary to conduct himself at such a critical period with -extreme discretion.[312-4] - - [Footnote 312-4: No. 1014.] - -[Sidenote: Fear of invasion on the East Coast.] At this time the rebels -had not yet landed in England. Nothing had been known of their movements -till very lately; but the Earl of Lincoln had been in Flanders with the -Lady Margaret of Burgundy, the chief organiser of the conspiracy. The -East Coast, it was supposed, was chiefly threatened; and the king had -made a progress through Suffolk and Norfolk to animate the people to -loyalty. Commissions of array had been issued for the Eastern Counties -on the 7th April. On the 15th Henry kept his Easter at Norwich; after -which he went on to Walsingham, and thence to Coventry.[313-1] News -came, however, that seemed to show the East Coast was in no immediate -danger. The rebels had left the Low Countries, but they had gone to -Ireland. The gentlemen of the Eastern Counties were informed that the -king would put them to no further charge at that time, but hoped the -country would be ready on reasonable warning.[313-2] - - [Footnote 313-1: _See_ Spedding's Notes in Bacon's Henry - VII.--_Works of Bacon_, vi. 55, 56.] - - [Footnote 313-2: No. 1015.] - -[Sidenote: Battle of Stoke.] The extraordinary farce enacted in -Ireland--the recognition of Lambert Simnel as the son of Clarence, his -coronation in Christ Church Cathedral, Dublin, and his enthusiastic and -universal reception by a people to whom political truths have been at -all times unimportant, and rebellion a mere amusement,--these were facts -that could not have been easily realised by sober-minded Englishmen. The -news, indeed, could scarcely have reached England very much in advance -of the rebel hosts themselves, which presently crossed the sea and -landed at Furness in Lancashire.[313-3] In less than a fortnight they -penetrated into the heart of England, where they were met by the king's -forces and suffered a complete overthrow in the battle of Stoke. -[Sidenote: John Paston knighted.] In that battle John Paston was with -the king's army, and seems to have done some distinguished service, in -recognition of which he was knighted by the king upon the field of -battle. The same honour was conferred at that time upon fifty-one -persons besides himself, while thirteen others were made knights -bannerets.[313-4] - - [Footnote 313-3: It was but on the 5th May, as Spedding has - pointed out (_Bacon_, 56) that the principal party of the rebels - landed in Ireland. On the 4th June they had crossed the Channel - and landed in Lancashire. The coronation of Lambert Simnel took - place on Ascension Day, the 24th May.--_Rolls of Parl._ vi. 397.] - - [Footnote 313-4: No. 1016 and Note at p. 187 (vol. vi.).] - - [[Sidenote: John Paston knighted. - _sidenote printed at beginning of paragraph_]] - - [["Note at p. 187" = text section headed "Note to No. 1016", - immediately before Appendix]] - -[Sidenote: Deputy to the Earl of Oxford as Admiral.] Sir John Paston, as -he was now called, continued to maintain his influence with the Earl of -Oxford and the king. The earl was Lord High Admiral, and he made Sir -John his deputy; in which capacity we find letters addressed to him -about a whale taken off the coast of Norfolk,[314-1] and deputations -waiting upon him at Caister from the corporation of Yarmouth,[314-2] -besides some correspondence with the earl as Admiral.[314-3] He got his -brother William into the earl's service; and though ultimately the earl -was obliged to dismiss him as being 'troubled with sickness and crased -in his mind,'[314-4] William Paston certainly continued many years in -the earl's household. He became, in fact, a means of communication -between the earl and his brother, and in one case we have an important -letter addressed to the earl by the king on the subject of the war in -Britanny, copied out by William Paston and forwarded to Sir John.[314-5] - - [Footnote 314-1: Nos. 1029, 1030.] - - [Footnote 314-2: No. 924.] - - [Footnote 314-3: Nos. 1049, 1050, 1051.] - - [Footnote 314-4: No. 940.] - - [Footnote 314-5: No. 913.] - -[Sidenote: The war in Britanny.] The eager interest with which this war -in Britanny was watched by Englishmen--the anxiety to learn what had -become of English volunteers, and of the forces sent thither afterwards -by the king's authority--is shown in several of the letters.[314-6] The -facts relating to the whole affair, and their true chronology, had been -a good deal confused and mis-stated until the late Mr. Spedding, in -editing Lord Bacon's _History of Henry VII._, compared the testimony of -the Paston Letters with that of other original sources.[314-7] But it -would take up too much space, and involve writing a complete history of -the times, to show what important light is thrown upon this and other -subjects of interest in the reign of Henry VII. by the scattered notices -of political events contained in these letters; and we must be content, -for the remainder of the period, briefly to indicate the matters of -public interest referred to. - - [Footnote 314-6: Letters 1026, 1030, 1036. An allusion to this war - occurs in Barclay's _Ship of Fools_, f. 152 b.: - - 'The battles done, perchance in small Britain, - In France, in Flanders, or to the worldes end, - Are told in the quere, of some, in wordes vain - In midst of matins in stead of the Legende, - And other gladly to hear the same intend - Much rather than the service for to hear.'] - - [Footnote 314-7: Spedding's _Bacon_, vi. 68, 72, 84, 97-8, 101-2.] - -[Sidenote: The Earl of Northumberland.] The rising in the North, in -which the Earl of Northumberland was slain, is the subject of two -letters;[315-1] and, closely connected with this subject, if our -chronology is to be relied on, is an intended progress of the king into -Norfolk a few weeks earlier, which was abandoned for some reason not -explained. The Great Council which Henry had summoned on the affairs of -Britanny appears to have been dissolved on the 3rd March 1489. Two days -before it separated, the Earl of Northumberland was appointed to protect -the kingdom against the Scots, and entered into indentures with the king -at Sheen 'for the keeping out of the Scots and warring on them.' But -instead of having an outward enemy to contend with, before two months -had elapsed he found himself called upon to put down the revolt in -Yorkshire, and he was killed on the 28th April. - - [Footnote 315-1: Nos. 1037, 1039.] - -[Sidenote: Intended royal visit to Norfolk.] The king, if his original -designs had been adhered to, would by this time have passed through the -Eastern Counties, kept his Easter at Norwich, and gone on to -Walsingham.[315-2] In the course of his progress he was to have visited -the Earl of Oxford at his mansion at Hedingham in Essex, where William -Paston, Sir John's brother, was staying in the earl's service. Sir John -himself had notice from the earl to come to him with the same number of -men 'defensably arrayed' as he had before granted to do the king -service;[315-3] and in anticipation of the royal visit to Norfolk, -William Paston sent orders to the Bailiff of Mautby to have his horse -Bayard well fed, whatever it cost, that the animal might look fat and -sleek when the king came.[315-4] This order, however, it must be -observed, is provisional, 'if Bayard be unsold'; and perhaps the proviso -may point to the reason why the royal progress was abandoned. The -subsidy which caused the rising in Yorkshire was heavily felt over the -whole kingdom besides; and though at another time a royal progress might -have been very popular, the king doubtless saw that it would be -unadvisable to add to the expenses of his subjects at a time when they -were so severely taxed already. - - [Footnote 315-2: No. 1031.] - - [Footnote 315-3: No. 1032.] - - [Footnote 315-4: No. 1033.] - -[Sidenote: Creation of Prince Henry as Duke of York.] In No. 1058 we -have a list of the persons who were made Knights of the Bath on the -creation of Henry, the king's second son (afterwards Henry VIII.) as -Duke of York, in November 1494.[316-1] - - [Footnote 316-1: No. 1058.--This list agrees pretty well with the - names given in the description of the ceremony printed by me in - _Letters and Papers of Richard III. and Henry VII._, vol. i. p. - 390. But besides some variations in spelling and a difference in - one place as to the Christian name, this list includes the names - of Lords Harington and Clifford, who are not only not mentioned in - the other as having been made Knights of the Bath on this - occasion, but who seem to be excluded by the statement that there - were only twenty baths and beds provided besides those of the - prince himself.] - -[Sidenote: Perkin Warbeck.] In July 1495, the corporation of Yarmouth -write to Sir John Paston about the capture of five captains of Perkin -Warbeck's host, who landed at Deal with about 140 men, when an invasion -was attempted by the pretender. Whatever encouragement was given to -Perkin abroad, his appearance off the coast of Kent gave little -satisfaction to the inhabitants, who killed or took prisoner every man -that set foot on the land. Perkin, leaving his friends to their mercy, -sailed away, only creating a little disquietude as to where he would -next make his appearance. One of the captains taken, whose name was -Belt, said he knew he had no hope of mercy, and therefore did not mind -revealing the plans of his comrades. They meant to gain possession of -Yarmouth or to die for it.[316-2] If this was said in good faith, the -rebels must have been so discouraged by their reception at Deal, that -they changed their plans and went to Ireland. But it may of course have -been said purposely in order to mislead. It was, however, effectual in -creating some alarm about the safety of the town. The corporation -received a promise from Sir John Paston that aid should be forthcoming, -if required; but the very next day intelligence was received that the -rebel fleet had sailed westward,[316-3] and doubtless before many days -more all serious alarm was at an end. - - [Footnote 316-2: No. 1059.] - - [Footnote 316-3: No. 1060.] - -[Sidenote: Edmund de la Pole.] The next political letter refers to -Edmund de la Pole, Earl of Suffolk, whose first escape from England was -made in the summer of 1499. The king was then staying at Godshill, in -the Isle of Wight, where the Earl of Oxford was with him; and the latter -wrote to Sir John Paston on the 20th August to make inquiry what persons -had accompanied the fugitive, or were privy to his departure, commanding -him to take into custody every one whom he could find to have been any -way concerned in the matter, or any 'suspect' person who seemed to be -'of the same affinity,' found hovering near the sea coasts.[317-1] Writs -were issued the very same day to the sheriffs of the Eastern Counties to -prevent persons leaving the kingdom without a licence.[317-2] - - [Footnote 317-1: No. 1065.] - - [Footnote 317-2: _Letters and Papers Ric. III. and Hen. VII._, - vol. ii. p. 377.] - -[Sidenote: Coming of Catherine of Arragon to England.] The next letter -after this is a notification from the king to Sir John Paston, given on -the 20th May 1500, that Catherine of Arragon, the affianced bride of -Arthur, Prince of Wales, was expected in England in the following May. -Sir John Paston was required to be ready to give his attendance at her -reception at that date; but owing to a change of plans, she did not -arrive before October 1501.[317-3] - - [Footnote 317-3: No. 1066.] - -[Sidenote: Meeting of Henry VII. and Philip of Castile.] After this -there is nothing more relating to public matters during Sir John -Paston's life; but we must not pass over without notice the very curious -account given in No. 1078--a letter which, though among the Paston -papers, has no obvious connection with the Paston family at all--of the -meeting between Henry VII. and Philip, King of Castile, at Clewer, near -Windsor, in January 1506. It is well known how Philip, who until the -death of his mother-in-law, Isabella of Spain, was only Archduke of -Austria, had set out from Flanders to take possession of his new -dominions, when, meeting with a storm at sea, he was driven upon the -coast of England, and was for some time entertained by Henry at his -court. This letter gives a minute description of the meeting between the -two kings, and of the persons by whom they were accompanied, noting the -apparel and liveries of all present, after the fashion of court newsmen. -The scene unquestionably must have been a striking one; but we must -refer our readers for the particulars to the letter itself. - - -_Social Aspect of the Times_ - -[Sidenote: State of society.] Thus far have we followed the fortunes of -the Paston family and the history of the times in which they lived, as -illustrated by their correspondence. The reader must not, however, -imagine that we have by any means exhausted the materials before us, -either in their social or in their political bearings. Indeed, to -whatever length we should prolong these observations, we could not but -leave an ample harvest of facts to be gathered in by others, nor have we -attempted more than to bring the leading points of the story into one -connected narrative. Of the general condition of society revealed to us -by this remarkable correspondence, we have left the reader to form his -own impressions. But a few very brief remarks upon this subject may -perhaps be expected of us before we conclude. - -[Sidenote: Education.] The first thing which strikes the most casual -observer on glancing over these letters, is the testimony they afford to -the state of education among the people at the period in which they were -written. From the extreme scarcity of original letters of such an early -date, we are too easily led to undervalue the culture and civilisation -of the age. But these letters show that during the century before the -Reformation the state of education was by no means so low, and its -advantages by no means so exceptionally distributed, as we might -otherwise imagine. For it is not merely that Judge Paston was a man of -superior cultivation, and took care that his family should be endowed -with all those educational advantages that he had possessed himself. -This was no doubt the case. But it must be remembered that the majority -of these letters were not written by members of the Paston family, but -were only addressed to them; and they show that friends, neighbours, -lords, commoners, and domestic servants possessed the art of writing, as -well as the Pastons themselves. No person of any rank or station in -society above mere labouring men seems to have been wholly illiterate. -All could write letters; most persons could express themselves in -writing with ease and fluency. Not perhaps that the accomplishment was -one in which it was considered an honour to excel. Hands that had been -accustomed to grasp the sword were doubtless easily fatigued with the -pen. Old Sir John Fastolf evidently feels it a trouble even to sign his -name, and in his latter years invariably allows others to sign it for -him. Men of high rank generally sign their letters, but scarcely ever -write them with their own hands. And well was it, in many cases, for -their correspondents that they did not do it oftener. Whether, like -Hamlet, they thought it 'a baseness to write fair,' and left such -'yeoman's service' to those who had specially qualified themselves for -it; or whether, absorbed by other pursuits, they neglected an art which -they got others to practise for them, the nobility were generally the -worst writers of the day. Their handwriting and their spelling were on a -par, and were sometimes so outrageous, that it requires no small effort -of imagination to comprehend the words, even if we could be sure of the -letters.[319-1] - - [Footnote 319-1: A notable example of this is afforded by the - letters of Edmund de la Pole, Earl of Suffolk, which will be found - printed in my _Letters and Papers of Richard III. and Henry VII._ - His successor in title, Charles Brandon, Duke of Suffolk, the - favourite of Henry VIII., wrote quite as barbarous a hand, and - outraged orthography in a manner equally bewildering.] - -[Sidenote: Eton College.] Education, nevertheless, was making undoubted -progress, both among high and low. Eton College and King's College, -Cambridge, had been founded by Henry VI. only a few years before old -Judge Paston died. His grandson and namesake, William Paston, as we have -seen, was sent to the former place for his education, and was learning -to construct Latin hexameters and pentameters there in 1479. His -progress, it is true, seems to have been but indifferent. What was to be -expected of a young gentleman of nineteen, whose attention, even while -at school, was distracted by the thought that he had already met with -one who might be a partner for life? Nevertheless, in that same letter -in which he writes to his brother John what he knows of Mistress -Margaret Alborow, he sends him also a specimen of his performances in -Latin versification. It is not a very brilliant production, certainly, -but the fact of his sending it to his elder brother shows that John -Paston too had gone through a regular classical training on the system -which has prevailed in all public schools down to the present day. - -[Sidenote: Oxford.] It has, moreover, been remarked that the -illustrations both of Eton and of Oxford life in the fifteenth century -bear a striking resemblance to the well-known usages of modern times. It -is true Walter Paston's expenses at Oxford were not great, even if we -take into consideration the much higher value of money in that day. For -a period of probably half a year they amounted to no more than £6: 5 -_s._: 5¾ _d._[320-1] Yet when he became B.A. he gave a banquet, as -graduates have been accustomed to do since his day, for which he was -promised some venison from Lady Harcourt, but was disappointed.[320-2] -Even the expenses attending the graduation, however, do not appear to -have been very heavy. 'It will be some cost to me, but not much,' wrote -Walter Paston in his own case, though he had been disappointed in the -hope of passing at the same time as Lionel Woodville, the queen's -brother, afterwards Bishop of Salisbury, who apparently would have borne -a portion of the expenses of his fellow-graduates.[320-3] - - [Footnote 320-1: No. 931.] - - [Footnote 320-2: No. 946.] - - [Footnote 320-3: No. 945.] - -From the letters just referred to we are reminded that it was at this -time usual for those who received a liberal education not only to take a -degree in arts but to proceed afterwards in the faculty of law. At the -universities, unfortunately, law is studied no longer, and degrees in -that faculty are now purely honorary. - -[Sidenote: Mode of computing dates.] Some other points may be suggested -to us, even by the most superficial examination of the contents of these -volumes. The mode in which the letters are dated by their writers shows -clearly that our ancestors were accustomed to measure the lapse of time -by very different standards from those now in use. Whether men in -general were acquainted with the current year of the Christian era may -be doubted; that was an ecclesiastical computation rather than one for -use in common life. They seldom dated their letters by the year at all, -and when they did it was not by the year of our Lord, but by the year of -the king's reign. Chronicles and annals of the period, which give the -year of our Lord, are almost always full of inaccuracies in the figures; -and altogether it is evident that an exact computation of years was a -thing for which there was considered to be little practical use. As to -months and days, the same remark does not apply. Letters were very -frequently dated in this respect according to what is the general usage -now. But even here, as the reader will not fail to observe, there was a -much more common use of Festivals and Saints' days, and when a letter -was not written on a day particularly marked in the Calendar, it was -frequently dated the Monday or Wednesday, or whatever day of the week it -might happen to be, _before_ or _after_ such a celebration. Agnes Paston -even dates a letter during the week by the collect of the Sunday -preceding:--'Written at Paston in haste, the Wednesday next after _Deus -qui errantibus_.'[321-1] - - [Footnote 321-1: No. 34.] - -[Sidenote: Mode of reckoning.] Of their modes of computing other things -we have little indication in these volumes except in money accounts, -which are always kept in Roman figures. No separate columns are set -apart in MSS. of this date (although for the convenience of the reader -this has sometimes been done in print) for the different denominations -of pounds, shillings, pence, and marks, so that it would have been -impossible for the best arithmetician easily to cast up totals after the -modern fashion. The arithmeticians of that day, in fact, had a totally -different method of reckoning. They used counters, and had a -counting-board or abacus, on which they set up the totals.[321-2] An -instance of this occurs in the first volume, where John Paston, in -superintending the works at Caister Castle, or, as we now rather -suspect, at Mautby, thought it advisable to change the room in which his -coffers and his 'countewery' should be set. In connection with this -incident one other point is worthy of observation. On taking the measure -of the new room, John Paston's wife reported that he would find it less -convenient than the former one. 'There is no space,' she wrote, 'beside -the bed, though the bed were removed to the door, to set both your board -and your coffers there, and to have space to go and sit beside.'[321-3] -When it is considered that the room in question was a 'draught chamber,' -that is to say, that it contained a privy in addition to the furniture -which Paston intended to introduce, want of space ought certainly to -have been a very serious objection. - - [Footnote 321-2: The modern mode of adding up columns of arabic - numerals was called _Algorism_ or _Awgrym_. Thus Palsgrave gives - as an example of the use of the word--'I shall reken it syxe times - by aulgorisme, or you can caste it ones by - counters.'--_Promptorium Parv._ i. 18.] - - [Footnote 321-3: No. 224.] - -[Sidenote: Manner of living.] The neglect of sanitary considerations in -domestic architecture--indeed, in domestic matters generally--was no -doubt a prolific source of disease and pestilence. Yet the general plan -of daily life pursued by our ancestors was, it must be owned, more -wholesome than that of the nineteenth century. It is well known that -they were early risers. Innumerable patent kinds of artificial light did -not tempt them to waste the natural hours of rest either in study or in -dissipation. Their meals too were earlier. Their dinner was at noon, if -not before; and after dinner, in the long summer days, it was customary -to take some additional repose. Thus Henry Windsor concludes a letter to -John Paston--'Written in my sleeping time at afternoon, on -Whitsunday.'[322-1] This practice of sleeping in the daytime was so -universal that in the case of labourers it was only thought necessary to -keep it within certain limits, and to restrict it by Act of Parliament -to a quarter of the year, from the middle of May to the middle of -August.[322-2] - - [Footnote 322-1: No. 332.] - - [Footnote 322-2: Statute 6 Hen. VIII. ch. 3.] - -[Sidenote: Sending dinners out.] A curious practice in relation to -dining mentioned in Letter 423 has already been incidentally alluded to. -It was the year after Sir John Fastolf's death, and John Paston's wife -had gone out of Norwich to reside at Hellesdon. Paston's increased -importance in the county was shown by the Mayor and Mayoress of Norwich -one day _sending their dinners out_ to Hellesdon, and coming to dine -with Margaret Paston. Of this kind of compliment we have another -illustration in More's _History of Richard III._ It is well known how, -when just after the death of Edward IV. the Earl of Rivers and Lord -Richard Grey were conducting the boy king Edward V. up to London, they -were overtaken by the Duke of Gloucester at Stony Stratford, and placed -under arrest. As the story is reported by More, Gloucester at first -treated his prisoners with courtesy, and at dinner sent a dish from his -own table to Lord Rivers, praying him to be of good cheer, for all -should be well enough. 'And he thanked the duke,' continues the -historian, 'and prayed the messenger to bear it to his nephew the Lord -Richard with the same message for his comfort, who he thought had more -need of comfort as one to whom such adversity was strange; but himself -had been all his days in ure therewith, and therefore could bear it the -better.' - -[Sidenote: Chivalry and courtesy.] The courtesies of life were certainly -not less valued in those rough unquiet days than in our own. Although -men like Caxton lamented the decline of chivalry, its civilising -influence continued, and its most important usages were still kept up. -Among the books which William Ebesham transcribed for Sir John Paston at -the rate of twopence a leaf, was one which was called _The Great Book_, -treating of 'the Coronation and other Treatises of Knighthood,' 'of the -manner of making joust and tournaments,' and the like.[323-1] His -library, or that of his brother John, contained also 'the Death of -Arthur,' the story of Guy of Warwick, chronicles of the English kings -from Coeur de Lion to Edward III., the legend of Guy and Colbrand, and -various other chronicles and fictions suited to knightly culture; -besides moral treatises, like Bishop Alcock's _Abbey of the Holy Ghost_, -and poetical and imaginative books, such as the poems of Chaucer--at -least his _Troilus and Cressida_, his _Legend of Ladies_ (commonly -called _The Legend of Good Women_), his _Parliament of Birds_, the -_Belle Dame sauns Mercie_, and Lydgate's _Temple of Glass_. Books like -these formed part of the recreations of a country gentleman. They -contained, doubtless, the fund of ideas which fathers communicated to -their children around the winter fire. And the children were the better -qualified to appreciate them by an education which was entirely founded -upon the principles of chivalry. - - [Footnote 323-1: Nos. 695, 987.] - -[Sidenote: The training of the young.] It was in accordance with these -principles, and to maintain a true sense of order in society, that the -sons of knights and gentlemen were sent at an early age to serve in -other gentlemen's houses. Thus John Paston the youngest was sent to be -brought up in the family of the Duke of Norfolk; and so common was this -practice, so necessary was it esteemed to a young gentleman's education, -that, as we have seen, his father was reproached for keeping his elder -brother at home and unemployed. In a new household, and especially in -that of a man of rank, it was considered that a youth would learn -something of the world, and fit himself best for the place he was to -fill in it. It was the same also, to some extent, with the daughters of -a family, as we find Margaret Paston writing to her son Sir John to get -his sister placed in the household either of the Countess of Oxford or -of the Duchess of Bedford, or else 'in some other worshipful -place.'[324-1] This we have supposed to be his sister Margery, who (no -doubt for want of being thus taken care of) shortly after married -Richard Calle, to the scandal and disgust of the whole family. His other -sister, Anne, was placed in the household of a gentleman named -Calthorpe, who, however, afterwards desired to get rid of her, alleging -that he wished to reduce his household, and suggested that she 'waxed -high, and it were time to purvey her a marriage.' It is curious that the -prospect of her being sent home again does not seem to have been -particularly agreeable even to her own mother. Margaret Paston wonders -why Calthorpe should have been so anxious to get rid of the young lady -without delay. Perhaps she had given him offence, or committed some -misdemeanour. Her mother therefore writes to her son John the youngest -in London to see how Cousin Clere 'is disposed to her-ward,' that she -may not be under the necessity of having her home again, where she would -only lose her time, and be continually trying her mother's patience, as -her sister Margery had done before her.[324-2] - - [Footnote 324-1: No. 704.] - - [Footnote 324-2: No. 766.] - -[Sidenote: Want of domestic feeling.] And was this, the reader may well -ask, the spirit of domestic life in the fifteenth century? Could two -generations of one family not ordinarily live together in comfort? Was -the feeling of older people towards children only that they ought to be -taught the ways of the world, and learn not to make themselves -disagreeable? Alas! I fear, for the most part it amounted to little more -than this. Children, and especially daughters, were a mere burden to -their parents. They must be sent away from home to learn manners, and to -be out of the way. As soon as they grew up, efforts must be made to -marry them, and get them off their parents' hands for good. If they -could not be got rid of that way, and were still troublesome, they could -be well thrashed, like Elizabeth Paston, the aunt of the last-mentioned -young ladies, who, as will be remembered, was allowed to speak to no -one, was beaten once or twice a week, and sometimes twice in one day, -and had her head broken 'in two or three places' in consequence.[325-1] - - [Footnote 325-1: No. 94, and p. 155 of this Introduction.] - -Such a state of matters, however repulsive to our feelings, is by no -means unaccountable. That age was certainly not singular, however much -mistaken, in its belief that a sense of what is due to the State is more -important than a sense of what is due to the family. Our ancestors -forgot the fact--as we too, in this age of enforced schooling are too -apt to leave it out of account--that the most important part of -education, good or bad, must inevitably be that which a child receives -at home. They were rewarded for their forgetfulness by a loss of natural -affection, for which their high sense of external order afforded but -imperfect compensation. Admirable as the feudal system was in -maintaining the necessary subordination of different classes, it acted -most injuriously upon the homes, where all that makes up a nation's real -worth must be carefully tended in the first instance. [Sidenote: -Wardships.] The very foundation of domestic life was in many cases -vitiated by a system which put the wardship and marriage of heirs under -age at the disposal of their superior lords. In the case of an important -landowner who held of the Crown, it was a regular matter of bargain and -sale. The wardship and marriage were granted away to such a person as -could offer the Treasury a satisfactory sum for the privilege; and if -the heir took it upon himself to marry without licence of such person, -he incurred a heavy fine.[325-2] Thus was the most sacred of all human -relations made a matter of traffic and sale, and the best feelings of -the human heart were systematically crushed by considerations the most -sordid. - - [Footnote 325-2: We have already referred, at p. 154, to the case - of Stephen Scrope, whose wardship was sold by his stepfather, Sir - John Fastolf, to Judge Gascoigne, but was afterwards bought back - again to prevent the judge marrying him to one of his own - daughters, both the original sale and the redemption being equally - against the will of Stephen Scrope himself, who complained that - Fastolf had 'bought and sold him like a beast.' The particulars of - these transactions are not obtained from the Paston Letters, but - there will be found several notices of another wardship, viz. that - of Thomas Fastolf of Cowhaw, kinsman of Sir John Fastolf, which - was bought by Sir John of the king, and committed by patent to - John Paston and Sir Thomas Howes, and which became the subject of - a good deal of controversy.--_See_ Nos. 248, 263, 266, 267, 271, - 292, and 352.] - -[Sidenote: Remarks of a Venetian on the English.] The absence of -domestic affection among the English people generally was, in fact, -a subject of observation to foreigners in that day. The earliest extant -report of a Venetian ambassador on the state of this country was written -in the reign of Henry VII., and in this we find some very strong -comments on the subject, showing that the cold-heartedness of parents -towards their children, the want of tenderness in husbands towards their -wives, the mercenary way in which marriages were contracted by parents -or guardians for the young people under their charge, was such as to -shock the sensibility of strangers from the warmer lands of the South. -To the Italian mind it seemed as if there was no real human nature in -Englishmen at all. There was licentiousness among them, to be sure, but -our Venetian almost doubted whether in high or low society an Englishman -was ever known to be in love. He had witnessed nothing of the sort -himself. On the contrary, he had seen young noblemen content to marry -old widows for the sake of fortunes, which they hoped to share soon with -younger partners; and he suspected that although Englishmen were very -jealous husbands, the most serious offences against married life might -be condoned for money.[326-1] - - [Footnote 326-1: _Italian Relation of England_ (Camden Soc.), pp. - 24-27.] - -[Sidenote: Freedom of manners.] It is impossible to deny that these -comments, except the last, which we would fain hope was a mistake, must -have been largely justified. The Paston letters bear strong additional -testimony to the general truth of what our Italian critic saw in -England. Yet, acute as his observation was, an ambassador from the -stately Signory of Venice was perhaps not altogether in a position to -read the deepest mysteries of the English heart. To this day the warmth -of the English nature lies covered by a cold exterior; yet even in the -external manners of the people the genial Erasmus found touches which -our Venetian cared not for, and did not deign to notice. While feudalism -still kept down the natural emotions, insisting on a high respect for -order, there was a freedom in social intercourse, and in England more -than elsewhere, which has long ago been chilled among ourselves by the -severity of Puritanism. In his own amusing way Erasmus tells us how in -this delightful island ladies and gentlemen kissed each other freely -whenever they met, in the streets or in their houses. There were kisses -when you came, and kisses when you went away--delicate, fragrant kisses -that would assuredly tempt a poet from abroad to stay in England all his -days.[327-1] So the witty Dutchman informed a friend in the unrestrained -freedom of epistolary correspondence. And we may believe that in most -cases the severity of home was mitigated by a greater freedom of -communication with the world outside. Only in cases of very severe -displeasure were the daughters of a family shut up for a time, like -Elizabeth Paston, and forbidden to speak to any one. For the most part, -they received the salutations of strangers, and conversed with them -without reserve, as marriage was quite understood to be a thing which -depended entirely upon arrangements made by their parents. - - [Footnote 327-1: _Erasm. Epp._ lib. v. 10.] - -[Sidenote: Urbanity.] With all this, there was an urbanity of manners, -a courtesy of address, and a general external refinement, on which more -recent times have not improved. And in these things England was -pre-eminent. Our Venetian could not help noticing that the English were -a very polite people. Another Italian of that day, Polydore Vergil, has -recorded that in this respect they resembled his own countrymen. The -hard schooling which they received at home, the after-training elsewhere -in the houses of 'worshipful' persons, had taught them from their early -years to consider above all things what was due to others. In every -relation of life, in the freest social intercourse, the honour due to -parents, to strangers, to noblemen, or to kings, was never for a moment -forgotten. In the most familiar letters the son asks his father's or -mother's blessing, and the wife addresses her husband as 'right -worshipful.' When people talked to each other on the street, they did so -with heads uncovered. Even kings at the mention of other potentates' -names took off their hats with reverence.[328-1] - - [Footnote 328-1: _Italian Relation_, pp. 22-32; Polydore Vergil, - 14-15. Henry VII., in conference with the Spanish ambassador, De - Puebla, always took off his hat when the names of Ferdinand and - Isabella were mentioned (Bergenroth's _Spanish Calendar_, vol. i. - p. 10). I have also seen notices of the same custom elsewhere.] - -[Sidenote: Importance of maintaining authority.] An age which, with all -its many drawbacks, cultivated ideas such as these cannot be looked upon -as despicable or barbarous. We could have wished to see something more -of the element of love in families--something more of the easy rule of -natural affection occasionally superseding the hard notions of feudal or -parental discipline. But the anxiety to uphold authority, to preserve -honour for whom it was due, to maintain social and political order in -spite of influences which were conspicuously at work breaking it up -before men's eyes, was a true and wholesome feeling, to the strength of -which we owe a debt unspeakable even in these days of progress. At no -time in England's history was there a stronger feeling of the needful -subordination of the different parts of society to each other; but under -a king incapable of governing, this feeling bred a curse, and not a -blessing. The great lords, who should have preserved order under the -king, fell out among themselves, and in spite of the fervid loyalty of -the age, the greatest subject became a kingmaker. - -[Sidenote: The Earl of Warwick's household.] That civil war should have -broken out in a state of society like this need occasion no surprise. -The enormous retinues of feudal noblemen were in themselves sufficiently -dangerous to the peace of the kingdom, and when the sense of feudal -subjection to one sovereign was impaired, the issue could not be -doubtful. At the table of the great Earl of Warwick, Stow informs us -that the flesh of six entire oxen was sometimes consumed in a single -meal. With the profuse hospitality of the Middle Ages, he entertained -not only all his regular dependants, but all chance comers who had any -acquaintance in his household. Visitors were also allowed to carry off -joints from his table, and the taverns in the neighbourhood of Warwick's -inn were actually full of his meat.[329-1] Such a nobleman had no -difficulty in obtaining friends to fight for him in the day of battle. -He maintained, in fact, what might be called a little standing army at -all times, and if an emergency arose, doubtless many who had dined at -his table would flock to his standard, and take his wages.[329-2] - - [Footnote 329-1: Stow's _Chronicle_, 421.] - - [Footnote 329-2: _See_ No. 760.] - - [[Footnote 329-2: _missing "2" added_]] - -[Sidenote: The Tudor policy.] The causes which had produced the wars of -the Roses were carefully watched by the Tudor sovereigns, and one by one -rooted out. Laws were passed against noblemen keeping large retinues, -and were not suffered to remain a dead letter. The nobility of England -learned to stand in awe of the Crown in a way they never did before, and -never have done since. Every branch of the royal family, except the -reigning dynasty, was on one pretext or another lopped away. Every -powerful nobleman knew that just in proportion as he was great, it was -necessary for him to be circumspect. Under Henry VIII. and Elizabeth, -birth and rank counted for very little, and the peers became submissive -instruments, anxious, and indeed eager, to carry out the sovereign's -will. In short, the unity of a divided nation was restored under a set -of politic kings, who enforced the laws, kept down the nobility, and, in -spite of their despotism, were generally loved by the people. - - - - -APPENDIX TO PREFACE AND INTRODUCTION - - -I. WILL OF PETER LE NEVE.--See p. 3. - -The following extracts from the will of Peter Le Neve, as contained in -the principal register at Doctors' Commons, are curious in other -respects besides their bearing on the history of the Paston MSS. - - Item, I give and bequeath unto the Reverend Doctor Tanner, - Chancellor of Norwich, and Mr. Thomas Martin of Palgrave, all my - abstracts out of records, old deeds, books, petigrees, seals, - papers, and other collections which shall only relate to the - antiquityes and history of Norfolk and Suffolk, or one of them, upon - condicion that they, or the survivor of them, or the executors or - administrators of such survivor, do and shall, within twelve months - next after my decease, procure a good and safe repository in the - Cathedral Church of Norwich, or in some other good and publick - building in the said city, for the preservation of the same - collections, for the use and benefitt of such curious persons as - shall be desirous to inspect, transcribe, or consult the same. And I - doe hereby give full power to the said Doctor Tanner and Thomas - Martin, and to the survivor of them, and to the executors or - administrators of such survivor, to fix and prescribe such rules and - orders for the custody and preservation of the said collecions as - they shall think proper. . . . - - Item, my will and mind is, that if my said wife Frances shall at any - time hereafter intermarry with Thomas Allen, my late clerk, then I - will that she shall have and enjoy but the annuity or summe of forty - pounds per annum from the time of such her intermarryage, and noe - more shall be paid unto her by my aforesaid trustees; and I strickly - charge and forbid her, the said Frances, to permitt the said Thomas - Allen to come into any of my studys, or to lend or give him any of - my books or papers, or to suffer him in any respect to intermeddle - with my affairs. Item, I give unto my said wife Frances such goods - and things att Bow and Wychingham as I shall mencion and sett down - in a certain paper to be signed and left by me for that purpose. - Item, I give unto my said wife Frances my crown, silver gilt, my - collar, silver party, my jewell, my herald's coat and chain. Item, -I give unto Henrietta Beeston the summe of twelve pence per week, to - be paid to her from the first day of August last for so long time as - she shall continue with me at Wychingham. Item, I will that all my - shelves, presses, drawers, and boxes now in my study att Wychingham - shall goe along with my Norfolk and Suffolk collections to Norwich. - . . . - - Item, the residue of my printed or manuscript books, arms, and - things relating to antiquity, I give them unto such person and - persons, and bodyes, politic or corporate, as I shall direct and - appoint, in a paper to be signed and left by me for that purpose. - - _The above will was proved 7th November 1729._ - - [[I. WILL OF PETER LE NEVE.--See p. 3. - _final . missing_]] - - [[p. 3 = under sidenote "the MSS."]] - - -II. JULIAN HERBERD.--See pp. 33, 34. - -The following documents in the case of Julian Herberd _v._ William -Paston are preserved in the Record Office among 'Chancery, Parliamentary -and Council Proceedings.' The date, it will be seen, must be after -1432:-- - - -MEMBRANE 1 - - William Paston. - - S{r} Rauf, parson of Bronham, steward with my maister Cromwell. - Austinne Bange of Norwiche. - John Roppys with hem priour of the Abbey of Norwiche. - Rob't Chapelleyn of Norwiche. - Rob't Grygge of litel Plomstede in the cuntie of Norwiche. - S{r} William, the vicaire of Seint Stephenes Chirche in Norwiche. - - -MEMBRANE 2 - - Please it to youre moste hie and habundant grace to graunte un to - youre pouere and continuel bedwoman Julian Herberd, that William - Paston one of youre Juges of the cõe benche may come with alle his - affinite and appere bifore youre hie and gracious presence with alle - youre worthy and right wyse counsail, and that of youre hie - goodnesse comaunde the seide William Paston to bringe bifore yow and - to schewe alle the evidences and munimentes, whiche that the modere - of youre seide pore bisechere schulde have yeve un to the seide - William Paston state or to any man that had it bifore hym or eny man - for here seide moder or eny of the seide blode, fro the tyme youre - seide pore bisechere modere was borne un to this oure. For the seide - William Paston knowleched bifore my lorde of Warewyk and youre - Chaunceller of Inglonde, youre Tresorer, youre chef Juge of the - Kynges benche, and afore other of yo{r} sergeantz of lawe, beynge to - gidere, how he radde diversez evidences of xix acres londe that - schulde longe un to youre seide pore bisechere every yere vj_s._ - viij_d._, so that sche wolde holde here plesed and content. Up on - the whiche sche wolde nat holde here so agreed with oute youre - gracious advis in this matere. Besechinge to youre hie and habundant - grace, for oure right worthy and gracious Kynge youre fadere soule, - and for oure right worthy and gracious quene youre moder soule, whos - soules God of his grace assoille, that youre seide pore bisecher may - have here evidences, so that here trewe right might be opinly - knowen. For there ys twies so good behinde as the saide William - Paston knowleched of the seide xix acres, and youre seide pore - bisecher wol nat assent that he schulde take his otthe, laste he wol - suere that he have nat here evidences. For it may nat be but he - moste nedes have hem or summe of his, and that ys opinly knowen. - That it like un to youre good Grace to considere this matere above - wretyn, and thereuppon to graunte, that the seide William Paston - with alle his affinite and youre seide bisecher may alle be bounden - to yow in a simple obligacion in what somme that liketh youre hie - wysdome, demene so that they may abide youre awarde, with the assent - & consent of youre fulle wys and discrete councell and youre worthy - and gracious jugement in this mater for the love of God and yn wey - of charitee. - - -MEMBRANE 3 - -TO OURE RIGHT GRACIOUS LORDE THE KYNGE - - Please it to youre right high and gracious lordeshipe to considere - the grete wronges that William Paston hath done to Julian Herberd, - youre pore wydowe and continuell bedewoman, for with holdynge of - diverses evidences and wrongefulle prisonmentes that he hath done to - the seide Julian ayenst youre lawes, whiche been here under wretyn - yn article wise, whiche the seide Julian bisechith un to youre moste - hie and gracious lordeshipe oversee, and that remedie may be putte - therynne by youre gracious hondes atte Reverence of God and in wey - of charitee. - - These been the wronges and extorcions done to Julian Herberd - doughter and heir of Herry Herberd of lytel Plumstede yn the Counte - of Norff. and Margarete his wyf, doughter and heir to William - Palmere, sometyme of the seide Plumstede, by William Paston, and of - othere by his assent. - - Firste, there as the seide Margarete died sesid yn here demene as yn - fee taille of a mesuage of xix. acres of londe with thappourtenance - yn Plumstede, the whiche to the same Juliane schulde discende be - right of heritage, as doughter and nexte heir of the seide - Margarete. The whiche William Paston the seide Juliane of the seide - mees and londes now be xl. wynter hath witholden, the whiche been - yerly worth xxx_s{~COMBINING TILDE~}._ and better, the sõme ys now owynge lx_l{~COMBINING TILDE~}i._ - - Memorandum, quod Juliana Herberd de Norwico, que fuit filia - Margarete Palmere de Plumstede produxit Robertum Bresyngham et - Johannem Colton, Cives Norwici, coram Willelmo Paston apud Norwicum - in Camera sua ad recordandum coram eo et aliis circumstantibus quod - Johannes Thornham optulit prefate Juliane pro tribus acris terre in - campis de Plumstede predictis xl_s{~COMBINING TILDE~}._ pro jure suo hereditario, que - tres acre jacent in placito inter dominum Johannem Thornham, - petentem, et Robertum Grigge tenentem. Et prefatus Robertus - Bresyngham et Johannes inquirebant per viciñ vill' adjac{~COMBINING TILDE~}, qui - dixerunt quod Margareta Palmere, mater dicte Juliane fuit recta - heres illius terre; Et quod post decessum ejusdem Margarete - discendere debuisset prefate Juliane ut de feodo talliato. Et postea - dictus Willelmus in presencia Radulphi Rectoris de Brunham, Johannis - Roppys, Henrici Pye de Brixston, Thome Marchall et aliorum ibidem - existencium publice legebat cartas et evidencias pertinentes dicte - Juliane, et optulit eidem Juliane pro suo jure habendo etc., - xij_d._, et postea xx_d._ Et eciam pro majore evidencia dicta - Juliana produxit duodecim legales homines ville de Plumstede Magna - et Parva coram Thoma Erpyngham milite, qui dixerunt quod prefata - Margareta, mater dicte Juliane, fuit recta heres predictarum - terrarum etc., et quod per totam patriam bene est cognitum quod - prefata Juliana est recta heres ejusdem Margarete. Ac eciam alia - vice predictus Willelmus optulit dicte Juliane pro jure suo xx_s{~COMBINING TILDE~}._ - in presencia Ricardi Gegge, Gentilman, sibi solvendos quandocunque - vellet, prout idem clericus omni tempore recordare voluerit. - - Also there as the seide Julian poursued ayenst the seide William - atte a parlement holden atte Westminstre, and there the seide - William did here arrest yn to the Countour of London, and there - kepte here yn prisone to the seide parlement was ended thretnynge - here to holde here there terme of here lyf, but yf sche wol relesse - to hym here right and make acquitaunce generall. - - Also the seide Paston, be nightes tyme bituene ix. or x. of the - belle, did do bringe the seide Julian prisoner under warde to his - ynne in Fletestrete, and there constreined here to seale a blanke - chartre, yn whiche he dide write a relesse atte his owne devys, and - sent here ayene to prisone, and there kepte here iij. daies, and - sent ayene for here to hire the relesse radde, and profred for here - right vj. marke. - - Also the seide Paston, the Saturday nexte bifore the feste of Saint - George, the vj. yere, etc., profred the seide Juliane in presence of - the Chaunceller vj. marke yn playne court and iij. acres of the - seide londe, and so moche ys the seide Juliane refused that profre, - did arreste here newe in the seide Countoure and helde here there - from the vij. day of Feverere, etc., and there wolde make here swere - on a book or be bounde by obligacion never more to poursue here - right. - - Also the seide Paston atte Counsell holden atte Redynge the seide - Juliane poursued to the lorde of Bedford, and he comaunded to write - his lettres to the seide Paston chargynge hym to aggre with here, - the seide Paston havynge knowleche that sche sewed for the lettres, - made a false sugestion to the Chaunceller, wherby sche was by a - sergeaunt of armes committed to Flete, and there beten, fetered and - stokked, and so there holden by an hole yere, to that entent that no - man schulde wete where sche was by come tille sche hadde be dede in - prison. Of whiche false prisonment S{r} Thomas Erpyngham poursued - here deliveraunce, comaunded here to be atte the nexte Cessions to - be justefied there, consideringe to here grete damage as well in - here body as losse of goodes by so longe tyme continued, whiche - prisonment the seide Julian wolde nat have hadde for xl_li._ beside - alle other losse of goodes. - - Also the seide Paston with holdeth alle the evidences to here seide - right longinge, and wastynge the seide mesuage and londes in that he - may. - - Also the seide Paston kepte here iij. yere in the pitte withynne the - Castell of Norwiche in grete meschef, in so moche that scho hadde - nat but a pynte of mylke yn x. daies and x. nightes, and a ferthinge - loffe, standinge under the jugement and ordenance of the Duke of - Norffe now late passed to God.[333-1] - - Also, the seide Paston scith hadde youre seide suppliant in prisone - in the Kynges benche, and there sche lay xij. monthes and more in - harde payne and distresse nye dede for colde hunger and thurste. - - Item, the seide Paston dede to bringe here oute of the Roundehows yn - to youre paleys and brought here afore youre chef Justice, and than - the saide Paston comaunded certeines persones to bringe here to - prisone to youre Benche, and badde atte his perille certeines - persones to smyte the brayne oute of here hede for suynge of here - right, and there beynge in grevouse prison durynge half yere and - more fetered and cheined, suffringe colde, hunger, thurste, in - pointe of deth, God and ye, gracious Kynge, helpe here to here - right. - - (_Membranes 1 and 2 are sewn on to the face of membrane 3, one at - the top, the other at the bottom._) - - [Footnote 333-1: John Mowbray, second Duke of Norfolk, who died - in 1432.] - - [[II. JULIAN HERBERD.--See pp. 33, 34. - _final . missing_]] - - [[pp. 33, 34 = under sidenote "John Wortes"]] - - -III. PARMINTER'S INSURRECTION.--See p. 75. - -In the bundle of Privy Seals for the year 29 Henry VI. is a pardon to -James God, dated on the 4th March, and delivered to the Chancellor for -execution on the 5th. Attached to it is the following record of his -indictment:-- - - '_Kent sc._--Jur' dicunt quod Jacobus God nuper de Feversham in com' - prædicto, plummer, et alii, ac quamplures alii proditores, rebelles - et inimici illustrissimis Principis Henrici Regis Angliæ Sexti post - Conquestum ignoti et nuper complices et de societate falsi - proditoris Will'i Parmynter, smyth, qui se ipsum nominavit Secundum - Capitaneum Kanciæ, eidemque adhærentes et de ejus covina et assensu - in omnibus proditionibus suis mortem dicti Regis et destructionem - regni sui Angliæ confoederantes, machinantes, compassentes et - proponentes, ultimo die Augusti anno regni dicti Regis vicesimo - nono[334-1] apud Feversham et alibi in com. Kanciæ se adinvicem - congregaverunt ad numerum quadringentorum hominum et amplius, - dicentes et confidentes quod ipsi essent de eorum covina et assensu - ad eorum libitum et voluntatem xl. milia hominum armatorum et modo - guerrino arraiatorum ad præbendum et percussiendum bellum contra - dictum Regem seu quoscumque alios in proditionibus suis prædictis - eis contravenientes, et falso et proditorie insurrexerunt et mortem - dicti Regis imaginaverunt et compassi fuerunt, ac guerram adtunc et - ibidem et alibi per vices infra dictum com. Kanc. falso et - proditorie contra dictum Regem, supremum dominum suum, levaverunt, - in destructionem ipsius Regis et Regni prædicti. - - BENET.' - - There is a note of the trial of Parmynter in Hilary term, 29 Hen. - VI., on the Controlment Roll of that year, rot. 9. - - [Footnote 334-1: So in the record, but evidently an error. It - should have been _vicesimo octavo_.] - - [[inimici illustrissimis Principis - _text unchanged: expected form "illustrissimi"_]] - - [[p. 75 = under sidenote "Further disturbances"]] - - -IV. PARDON TO JOHN PAYN.--See p. 78. - -On the Patent Roll 30 Henry VI., p. 1, m. 23, occurs the following -entry:-- - - _De Pardonacione._--Rex omnibus ballivis et fidelibus suis ad quos, - &c., salutem. Sciatis quod cum nonnulli rebelles nostri in comitatu - nostro Kanciæ, paucis ante diebus contra pacem nostram - insurrectionem gravem concitantes, quasdam factiones proditorias - contra nostram personam detestabiliter machinati fuerint, - nonnullaque proditiones, murdra, felonias et facinora, aliasque - transgressiones perpetraverint; quia tamen, cum nuper per civitates, - oppida atque villas in eodem comitatu nostro ad eorum hujusmodi - insolencias et rebelliones coercendos iter faceremus, plurimi ex - eisdem, spiritu sanioris consilii ducti, plurimum humiliati, etiam - usque femoralia nudi, suorum immanitates criminum coram nobis - confitentes, veniam a nobis effusis lachrymis anxie postularunt; - Nos, ad singulorum hujusmodi ligeorum nostrorum submissiones - humillimas nostros misericordes oculos dirigentes, ac firmiter - tenentes quod de cætero in nostra obedientia stabiles permanebunt, - fidem ligeanciæ suæ erga nos inantea inviolabiliter servaturi, ad - laudem, gloriam et honorem Omnipotentis et misericordis Dei ac - gloriosissimæ Virginis matris Christi, de gratia nostra speciali - pardonavimus, remisimus et relaxavimus Johanni Payn de Pecham in - comitatu prædicto, yoman, alias dicto Johanni Payn, nuper de - Estpekham in comitatu prædicto, smyth, qui inter cæteros se submisit - nostræ gratiæ, quocumque nomine censeatur, sectam pacis nostræ quæ - ad nos versus eum pertinent, seu poterit pertinere, pro quibuscumque - proditionibus, feloniis, murdris et transgressionibus per ipsum a - septimo die Julii anno regni nostri vicesimo octavo usque decimum - diem Junii ultimo præteritum factis sive perpetratis; acetiam - utlagarias, si quæ in ipsum Johannem occasionibus prædictis seu - earum aliqua fuerint promulgatæ; necnon omnimodas forisfacturas - terrarum, tenementorum, reddituum, possessionum, bonorum et - catallorum, quæ idem Johannes nobis occasionibus prædictis seu earum - aliqua forisfecit aut forisfacere debuit, et firmam pacem nostram ei - inde concedimus: Ita tamen quod stet recto in curia nostra si quis - versus eum loqui voluerit de præmissis seu aliquo præmissorum. - Proviso semper quod ista nostra pardonacio, remissio sive relaxacio - se non extendat ad aliqua malefacta supra mare et aquas aliquo modo - facta sive perpetrata. In cujus, &c. Teste Rege apud Westmonasterium - secundo die Novembris. - - Two similar patents were granted on the same date to Richard - Doke, yeoman, and William Souter, labourer, both of Peckham. - - [[p. 78 = under sidenote "John Payn and the rebels"]] - - -V. THE DUKE OF YORK AT DARTFORD.--See p. 99. - -The most minute account of the encampment of the Duke of York at -Dartford is contained in the following extract from the Cottonian Roll, -ii. 23. - - At Crayfford, myle from Dertfford. - - Primo die mensis Marcii anno regni Regis Henrici Sexti xxx{o} ther - was my Lord of Yorkes ordynaunce iij{mill.} gownner, and hym selff - in the middell ward with viij{mil.}, my Lord of Devynsher by the - southe side with vj{mill.}, and my Lord Cobham with vj{mil.} at - the water side, and vij. shippus with ther stuff. And sith that - tyme, and sith was poyntment made and taken at Dertfford by - embassetours, my Lord the B. of Winchester, my Lord B. of Ely, my - Lord the Erle of Salusbury, my Lorde of Warrewik, my Lord Bewcham, - and my Lord of Sydeley, &c., whiche poyntment was, &c. And soon - after was Chatterley, yeman of the Crown, maymed, notwithstondyng he - was takyn at Derby with money making and ladde to London. Then after - the Kynges yeman of his chambur, namyd Fazakerley, with letteris was - sent to Luddelowe to my Lord of Yorke chargyng to do forth a certeyn - of his mayny, Arthern, squier, Sharpe, sqier, &c.; the whiche - Fazakerley hyld in avowtry Sharpes wiff, the which Sharpe slewe - Fitzacurley, and a baker of Ludlow roos and the Commyns, &c., the - whych baker is at Kyllyngworth Castell, &c. After this my Lord of - Shrousbury, &c., rode in to Kent, and set up v. peyre of galowes and - dede execucion upon John Wylkyns, taken and brought to the towne as - for capteyn, and with other mony mo, of the whiche xxviij. were - honged and be heded, the whiche hedes were sent to London; and - London said ther shuld no mo hedes be set upon there; and that tyme - Eton was robbyd, and the Kyng beyng at Wynsor on Lowe Sonday, &c. - - [[viij{mil.}, - _comma misprinted as superscript_ - at Wynsor on Lowe Sonday, &c. - _final . missing_]] - - [[p. 99 = shortly before sidenote "York is entrapped"]] - - -VI. THE DUKE OF YORK AND THE COUNCIL.--See p. 132. - -The following document is enrolled on the Patent Roll, 32 Henry VI., -membrane 20:-- - - _Pro Ricardo Duce Ebor._--Rex omnibus ad quos, &c., salutem. - Inspeximus tenorem cujusdam actus in consilio nostro apud - Westmonasterium tento facti, venerabili patri Johanni Cardinali et - Archiepiscopo Cantuariensi, totius Angliæ primati, Cancellario - nostro, per Thomam Kent, clericum ejusdem consilii nostri, ad - exemplificationem tenoris prædicti sub Magno Sigillo nostro in forma - debita fiendam nuper deliberatum et in filaciis Cancellariæ nostræ - residentum, in hæc verba:-- - - The xxj. day of Novembre, the yere of the regne of oure Souverain - Lorde King Henry the VI{th} xxxij{ti.} at Westmynstre, in the - Sterred Chambre, being there present the Lordes, the Cardinal - Archebisshop of Canterbury and Chaunceller of England, th' - Archebisshop of Yorke, the Bisshops of London, Winchestre, Ely, - Norwich, Saint Davides, Chestre, Lincoln, and Carlisle, the Duc of - Buckingham, th'Erles of Salisbury, Pembroke, Warrewik, Wiltshire, - Shrovesbury, and Worcestre, Tresourer of England, the Viscount - Bourchier, the Priour of Seint Johns, the Lordes Cromwell, Suddeley, - Duddeley, Stourton, and Berners. The Duc of York reherced unto the - seid Lordes that he, as the Kinges true liegman and subgit, was by - commaundement directed unto him undre the Kinges Prive Seal, come - hidre to the Kinges greet Counsail, and wolde with all diligence to - his power entende to the same, and to all that that sholde or might - be to the welfare of the King and of his subgettes; but for asmoche - as it soo was that divers persones, suche as of longe tyme have been - of his Counsail, have be commaunded afore this tyme, by what meanes - he watte never, not to entende upon him, but to withdrawe thaim of - any counsail to be yeven unto him: the which is to his greet hurte - and causeth that he can not procede with suche matiers as he hath to - doo in the Kinges courtes and ellus where, desired the Lordes of the - counsail abovesaid that they wolde soo assente and agree that suche - as have been of his counsail afore this tyme might frely, without - any impediment, resorte unto him and withoute any charge to be leide - unto theim, yeve him counsail from tyme to tyme in suche matiers as - he hath or shal have to doo. To the which desire alle the Lordes - abovesaide condescended and agreed, as to that thing that was - thought unto them juste and resounable, and fully licenced all suche - persones as he wolde calle to his counsail frely withoute any - impediment to entende unto him; and commaunded this to be enacted - amonge th'actes of the Counsaill. Actum anno, mense, die et loco ut - supra, præsentibus dominis supradictis. - - T. Kent. - - Nos autem tenorem actus prædicti ad requisicionem carissimi - consanguinei nostri prædicti, Ricardi Ducis Ebaracensis, duximus - exemplificandum per præsentes. In cujus, &c. Teste Rege apud - Westmonasterium, vj. die Decembris. - - [[p. 132 = before sidenote "Norfolk accuses Somerset"]] - - -VII. DEFENCE AGAINST THE EARL OF WARWICK.--See p. 185. - -The following commissions are found on the Patent Roll 38 Henry VI., p. -2, m. 21. They afford remarkable evidence of the terror inspired in the -Queen's Government by the capture of Lord Rivers at Sandwich. - - _De advocando et debellando._--Rex carissimo consanguineo suo - Johanni Duci Norff' ac dilecto et fideli suo Philippe Wentworth - militi, necnon dilectis, sibi Roberto Willoughby, Johanni Hopton, - Willelmo Tyrell, Thomæ Brewes, Gilberto Debenham, Johanni Clopton, - Willelmo Jenney, et Reginaldo Rous, salutem. Quia satis manifestum - est quod quidam rebelles nostri Ricardo nuper Comiti Warr' proditori - et inimico nostro adhærentes, villam nostram Sandewici jam tarde - intrarunt et ibidem mala quamplurima nobis et fidelibus ligeis - nostris fecerunt et perpetrarunt, et alia mala prioribus pejora in - diversis partibus comitatus nostri Suff', si eas ingredi poterint, - facere et perpetrare proponunt, ut veraciter informamur, nisi eorum - maliciæ citius et celerius resistatur: Nos, tam maliciæ ipsius - inimici nostri ac complicum suorum prædictorum (_sic_), quam pro - defensione partium ibidem providere volentes, ut tenemur, - assignavimus vos, conjunctim et divisim, ac vobis et vestrum - cuilibet plenam potestatem et auctoritatem damus et committimus ad - advocandum coram vobis [omnes] et singulos ligeos nostros comitatus - prædicti, cujuscunque status, gradus seu condicionis fuerint, de - quibus vobis melius videbitur expedire, ad proficiscendum vobiscum - contra præfatum inimicum nostrum ac complices suos prædictos, ac ad - assistenciam et auxilium suum vobis seu vestrum cuilibet in eorum - resistenciam dandum et impendendum in casu quo idem inimicus noster - ac complices sui prædicti dictum comitatum vel partes adjacentes - ingredi præsumant, ac ad eos et secum comitantes ut hostes et - rebelles nostros debellandum, expugnandum, et destruendum, ac ad - omnia alia et singula quæ juxta sanas discretiones vestras in hac - parte in repressionem prædictorum inimicorum nostrorum ac complicum - suorum et eorum maledicti propositi fore videritis necessaria et - oportuna, faciendum, exercendum et exequendum. Et insuper - assignavimus vos conjunctim et divisim ad omnes personas partem - prædicti nuper Comitis Warr' seu aliorum rebellium nostrorum et - complicum suorum verbis vel operibus defendentes et tenentes, vel - aliqua verba contra majestatem nostram regiam habentes et dicentes, - similiter capiendum et arestandum, et in prisonis nostris in forma - prædicta custodiendum, et custodiri faciendum. Et ideo vobis et - vestrum cuilibet mandamus quod circa præmissa diligenter intendatis - et ea faciatis et exequamini in forma prædicta. Damus autem - universis et singulis vicecomitibus, majoribus, ballivis, - constabulariis, ac aliis officiariis, ministris, fidelibus legiis et - subditis nostris quibuscunque, tam infra libertates quam extra, - tenore præsentium, firmiter, in mandatis, quod vobis et vestrum - cuilibet in executione præmissorum intendentes sint, assistentes et - auxiliantes in omnibus diligenter. In cujus, &c. Teste Rege apud - Westmonasterium, x. die Februarii. - - Per Consilium. - - Consimiles literæ Regis patentes diriguntur carissimo consanguineo - suo Johanni Duci Norff' ac dilectis et fidelibus suis Thomæ Tudenham - militi, Willelmo Chamberleyn militi, Miloni Stapulton militi, et - Philippo Wentworth militi; necnon dilectis sibi Willelmo Calthorp, - Johanni Heydon, Henrico Inglose, Johanni Wymondham, et Thomæ - Claymond in comitatu Norff'. Teste ut supra. - - Consimiles literæ Regis patentes diriguntur dilectis et fidelibus - suis majori et aldermannis ac vicecomitibus villæ suæ de Kyngeston - super Hull, et eorum cuilibet in villa prædicta. Teste Rege apud - Westmonasterium, xvj. die Februarii. - - [[necnon dilectis, sibi Roberto Willoughby - _superfluous comma in original_]] - - [[p. 185 = midway between sidenotes "Lord Rivers at Sandwich" - and "The Legate Coppini"]] - - -VIII. WILLIAM WORCESTER.--See p. 199.[338-1] - -[Sidenote: 1460 AUG. 28] - - _De scripto irrotulato, Worcestre._--Universis et singulis Christi - fidelibus ad quos præsens scriptum pervenerit, Willelmus Worcestre, - alius dictus Botoner, de Castre juxta Yermouth in com' Norff., - gentilman, salutem in Domino. Noveritis me, præfatum Willelmum, - dedisse, concessisse et hoc præsenti scripto meo confirmasse Henrico - Everyngham armigero, Hugoni Fenne gentilman, Henrico Wyndesore - gentilman, Roberto Toppes juniori, gentilman, et Johanni Bokkyng, - gentilman, omnia et singula bona mea et catalla, mobilia et - immobilia, viva et mortua, ubicumque et in quorumcumque manibus, tam - infra comitatu prædicto quam alibi infra regnum Angliæ existentia - seu[338-2] inveniri poterint; acetiam omnia debita quæ mihi - quacumque de causa a quibuscumque personis ubilibet debentur; - habenda et tenenda omnia prædicta bona, catalla et debita præfatis - Henrico, Hugoni, Henrico, Roberto et Johanni, executoribus et - assignatis suis, ad inde faciendum, ordinandum et disponendum - liberam suam voluntatem, ut de bonis, catallis et debitis suis - propriis, sine contradictione, perturbatione, seu reclamatione - aliquali imperpetuum; Ita, videlicet, quod nec ego, prædictus - Willelmus, nec executores mei, nec aliquis alius per nos, pro nobis, - seu nomine nostro, aliquid juris, proprietatis, seu clamei in - prædictis bonis, catallis et debitis, nec in aliqua parcello - eorundem, de cætero exigere, clamare seu vendicare poterimus nec - debemus in futuro; sed ab omni actione juris, proprietatis et clamei - inde petendi totaliter simus exclusi imperpetuum per præsentes. In - cujus rei testimonium huic præsenti, scripto meo sigilium meum - apposui. Datum vicesimo octavo die Augusti, anno regni Regis Henrici - Sexti post Conquestum Angliæ tricesimo octavo. - - _Et memorandum quod prædictus Willelmus venit in Cancellariam Regis - apud Westmonasterium primo die Septembris anno præsenti et - recognovit scriptum prædictum et omnia contenta in eodem in forma - prædicta._ - - [Footnote 338-1: [From _Close Roll_ 39 Henry VI., m. 13 _d._] - - [Footnote 338-2: _Sic._] - - [[scripto meo sigilium meum - _text unchanged: error for "sigillum"?_]] - - [[p. 199 = shortly before sidenote "Claimants of Fastolf's - property"]] - - -IX. JOHN PASTON CLAIMED AS THE KING'S 'NATIVUS.'--See p. 225.[339-1] - -FROM THE FIRST ASSEMBLY BOOK OF THE CITY OF NORWICH (fol. 65). - -[Assembly on Friday after the Epiphany, 5 Edw. IV.] - -[Sidenote: 1466 JAN. 10] - - Eodem die publicata fuit per Maiorem et Recordatorem Civitatis causa - adventus domini de Scales ad civitatem secunda vice infra - xviij{cim} dies; est et fuit pro bonis et catallis Johannis Paston - quem dominus Rex pro suo nativo seisivit, ad dicta bona et catalla - in quorumcunque manibus comperta fuerint nomine domini Regis - seisiend', et mesuagium[339-2] ipsius Johannis Paston infra - Civitatem intrand' et seisiend' cum omnibus bonis et catallis in - eodem inventis. Unde super et de materiis predictis per Recordatorem - et Consilium legis peritorum Civitatis responsum fuit dicto domino - de Scales omnibus viis modis et forma secundum eorum erudicionem - prout poterunt (? potuerunt) pro libertate Civitatis salvand' et - custodiend' illesa. Et quia materia predicta tangit libertatem - Civitatis et privilegia, et dictus dominus de Scales per aliquod - responsum ei factum non vult satisfieri, pro eo quod dictus dominus - de Scales intendit omnino dictum mesuagium intrare et clausuras - eiusdem frangere; Id circo presens communis congregacio summonita - fuit, consilium et avisamentum communis Consilii et - Constabulariorum[339-3] Civitatis audire et inde habere. Post vero - diversas communicaciones communicare petierunt deliberacionem; - matura deliberatione habita sic est deffinitum, quod introitus - factus erit per assensum totius communis congregacionis per - feoffatores ipsius Johannis Paston, quia bene suppositum est quod - tam certi Aldermanni quam Cives Communarii[340-1] Civitatis sint - cofeoffati cum ipso Johanne Paston; et sic per feoffatores dictum - mesuagium erit apertum sine fractura vel ad minus nomine ipsorum - feoffatorum vel feoffati unius. - - [Footnote 339-2: The house is supposed to have been in the parish - of St. Peter Hungate, but it is not certainly known.] - - [Footnote 339-3: About this period the 24 Ward Constables were - associated in an Assembly with the 60 Common Councillors. This is - why they are mentioned here, not with any reference to 'police' - action.] - - [Footnote 340-1: Members of the Common Council.] - - [Footnote 339-1: For this extract from the Assembly books of the - City of Norwich I am indebted to the Rev. William Hudson of - Eastbourne, who further adds the following particulars:-- - - The Mayor this year was Thomas Elys who is mentioned in the - Paston Letters (iv. 139) as a great supporter of the Duke of - Suffolk and opponent of Paston. - - The Recorder apparently was John Damme, I suppose the same who - occurs so often as a friend of the Pastons. - - What with this divergence of feeling and the difficulty of - satisfying Lord Scales as well as their own duty towards the - City the case was a delicate one and was rather ingeniously - dealt with. - - There is no other reference to the matter in the Norwich - documents so far as I am aware.] - - [[p. 225 = shortly after sidenote "John Paston imprisoned - a third time"_]] - - -X. A CHRONOLOGICAL NOTE. - - It is desirable here to correct an error in the text, which - unfortunately was discovered too late. Letters 1020-1022 are out of - their proper place. No. 1020 is certainly a letter of Elizabeth - Woodville, Edward IV.'s queen, not of her daughter Elizabeth, who - was Henry VII.'s. No. 1021 was placed after it as being about the - same time, which no doubt it was; and the fact that the Earl of - Oxford was out of favour for a considerable part of Edward IV.'s - reign made it appear as if both letters belonged to that of Henry - VII., to which they were accordingly relegated in previous editions. - But this Earl of Oxford was in favour under Edward IV. till the - restoration of Henry VI.; and No. 1022, a letter which only appeared - in the Supplement of the last edition of this work, was written by - John Daubeney, who was killed at the siege of Caister in 1469. The - reference to the Queen's confinement, moreover, which was so - perplexing in the case of Elizabeth of York, fits exactly with the - August of 1467, in which month Elizabeth Woodville gave birth to a - daughter named Mary. This letter, therefore, was written on the 8th - August, which would be the 'Saturday before St. Laurence' day' in - that year: and it must be noted that the footnotes on p. 107 are - entirely wrong. The Archbishop of York referred to in the letter was - George Nevill, and the Treasurer was Richard, Earl Rivers. - - No. 1021 is perhaps before A.D. 1467, as Howard and Sir Gilbert - Debenham are believed to be intending 'to set upon Coton,' of which - apparently Sir Gilbert was in possession in April 1467 (see vol. iv. - No. 664, p. 274). - - - - -END OF VOLUME I - - - Printed by T. and A. CONSTABLE, Printers to His Majesty - at the Edinburgh University Press - - - - - -End of the Project Gutenberg EBook of The Paston Letters, edited by James Gairdner - -*** END OF THIS PROJECT GUTENBERG EBOOK THE PASTON LETTERS VOLUME I (OF 6) *** - -***** This file should be named 43348-8.txt or 43348-8.zip ***** -This and all associated files of various formats will be found in: - http://www.gutenberg.org/4/3/3/4/43348/ - -Produced by Louise Hope, Chris Curnow and the Online -Distributed Proofreading Team at http://www.pgdp.net (This -file was produced from images generously made available -by The Internet Archive/Canadian Libraries) - - -Updated editions will replace the previous one--the old editions -will be renamed. - -Creating the works from public domain print editions means that no -one owns a United States copyright in these works, so the Foundation -(and you!) can copy and distribute it in the United States without -permission and without paying copyright royalties. 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You may copy it, give it away or -re-use it under the terms of the Project Gutenberg License included -with this eBook or online at www.gutenberg.org/license - - -Title: The Paston Letters, Volume I (of 6) - New Complete Library Edition - -Editor: James Gairdner - -Release Date: July 29, 2013 [EBook #43348] - -Language: English - -Character set encoding: UTF-8 - -*** START OF THIS PROJECT GUTENBERG EBOOK THE PASTON LETTERS VOLUME I (OF 6) *** - - - - -Produced by Louise Hope, Chris Curnow and the Online -Distributed Proofreading Team at http://www.pgdp.net (This -file was produced from images generously made available -by The Internet Archive/Canadian Libraries) - - - - - - -</pre> - +<div>*** START OF THE PROJECT GUTENBERG EBOOK 43348 ***</div> <div class = "mynote"> <p><a name = "start" id = "start">This text</a> uses UTF-8 (Unicode) @@ -19072,387 +19033,6 @@ JAMES G. 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