Part 4
‘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]