562SACRED VESSELS98.5

97.1[From PastonMSS., B.M.]97.2Thuribula, censers, fromthus.97.3These marginal notes are in John Paston’s hand.98.1Psalm cxv. [cxvi.] 13.98.2SeeNote 3 on last page.98.3The plate in this list is the same as that described inNo. 554, by which the words lost in thisMS.have been supplied.98.4Added in John Paston’s hand.This is worth xiij.li.xv.s.Thes be worth, after xxx.d.the unch xxviij.li.xiijs.ix.d.all currencies (“li.”, “s.”, “d.”) printed in roman (non-italic) type562SACRED VESSELS98.5This is the plate that was in my cofir at Norwich.1464A chaleysof goold playne, weyng ij. pound.Item, a nother chaleys of goold, with this writynge ‘Calicem salutaris98.6accipiam,’ weyng xix. unces.Item, one table of gold, with an image of Sen James set with precious stonys, weyng xiij. unce iij. quarter.Item, one peyre of sensers of silver and gilt, with scripture,viz., in the first part, ‘Dat’ est eis,’ &c., and in the second parte, ‘Ascendit fumus,’ &c., weyng xiijli.et x. unc’.Item, one box of silver and gilt for the sacrement, with a crosse in the heyght, and chased with liliis, weying vli.iij. unc’ di.Item, one potte callid a crismatorie to put in holy creme and oyle, of silver and gilt, weying jli.98.5[From PastonMSS., B.M.] This list of articles is in the handwriting of Richard Calle, writing, I presume, as John Paston’s secretary, and in his name. It will be seen that it corresponds with a Latin list contained inNo. 561, and must therefore be the ‘bill drawn in English’ there referred to.98.6Salutularis,MS.563A LIST OF GILT IMAGES99.1An image off Owr Lady with ij. awngellis sensyng, gilthe, viijxx.unc’, viz., xiiili.et. iiij. unc’.Item, a crosse with a fott, lx. unc’, gilthe in to cassys and gilt, viijxx.& xvij. unc’, viz., xiiijli.& ix. unc’.Item, an image of Sent Jon Vangelist, gilthe, weyng vijxx.x. unc’, viz., xijli.vj. unc’.Item, an image of Sent Jon Baptist, gilthe, with the Lamb, lviij. unc’, viz., iiijli.x. unnc’.Item, an image off Sent Jamis with his staff, gilthe, weyng xxxvj. unc’, viz., iijli.Item, an image off Our Lady, gilthe, with a crowne and a lely, weyng iijxx.vj. unnc’, viz., vli.vj. unc’.Item, an image of Sent Denys, gilthe, weyng l. unc’, viz., iiijli.ij. unc’.Item, an image off owr Savyowr, gilt, with His crosse, His diademe, and His fane, vxx.xj. unc’, viz., ixli.iij. unc’.Summa unciarum xlxx.viij. unc’.Summa lxvij. lib. iiij. unc’.Sum in markis Cj. mark ij. unc’, di.Memorandum, j. lib. continet xij. unc’; j. marc continet viij. unc’.Endorsed—Episcopus Cantuariensis.99.1[From PastonMSS., B.M.] This list is likewise in the handwriting of Richard Calle, and was perhaps drawn up about the same time as the preceding one.564CLEMENT PASTON TO JOHN PASTON100.1To my rygth worchepful broder John Paston Sqwyer.1464APRIL 18Ryghtworshypfull brothyr, I recomawnde me to zow. After all dew recomendacions, &c., plesse it zow to wett that after that I had harde say that the person of Blowfelde100.2wasse com to town I went to hym to his in, and he bade the mesenger say that he wasse not within, and I bad hym say a gayn that I come thyder to hym for hys own worchep and avayle and that I wasse sory that I com so fer for hym; and after that he sent for me and he cowde not fynde me, and I harde say ther of. And than I wrott a letter, resytyng how that he wasse sworn yesterday for to say the trowthe of al maner of materis consernyng Sir John Fastolfe, avysyd hym to remember qwat hys wytnesse hadde sayd for hys sake, and wat schame it xwlde be to hym to say the contrary; And also, if he sayde the contrary, ze wold herafter prove the trowthe and contrary to hys sayyng, and prove hym in a perjuri. And also I badde hym remember with wat maner of men he delt wythe; and I rehersyd how untrwly they hadde don. And not with standyng thys, after I met with hym in the strett and spak with hym, and I fownde hym passyng strawngely disposyd and sor mevyd with consiens that ze xwld have the lond and fownd the colage but with an C. marcs, not with stondyng he myth fynde in hys consiens by the well that the colage xwld be fowndyd in a noder plasse but with an C. marcs, and the reminaunt of the lylode sold so that he myth pwroe the mony; so I felt by hym that all hys strawngenes from zow is for he demythe that ze wold parte from no thyng; and I told hym the contrary ther of to betrwe, az this day he is exaymined up on a bok to sey the trowthe of all thynges as the juge will101.1aske hym, for the jugeis informacion; wych I trowe wyll not be good. Also they have pwt intestesazens zow iijxxor iiijxxmen. Mayster Robard Kent wold sayn that ze xwle gett zow ij. lycens of the prioris of zowre wytnes, Mayster Clement and the monke, with an A101.2datt beryng before the comyng up; for that must ye nedis have. Also he wold sayn that ze xwld com to thys towne. Me thowte by Sir Thomas that they have aswerte in maner that ze xall have no lycens for zour fundacion. And [i.e.if] they be abowte to gett a lycens to fownde the colage in a noder place, me thynkythe that wold hurte; her colour is for cause ze can gett no lycens to fownde it at Caster; werfor thow zour wyll wer trwe, they myth lawfully fownde it in a noder place. My Lord Chawnceler101.3is gone to Zork and wyll not be her of all thys term. Wrytyn on Wednisday nexst be for Saynt George.The Kyng hathe ben in Kent and ther ben endityd many for Isleis dethe; and he wyll com to town this day azen and he wyl not tary her but forthe to Zork straytt.ByClement Paston.100.1[Add.MS.34,889, f. 7.] This letter was written in April 1464, when witnesses began to be examined about Fastolf’s will.SeeNo. 565. The Privy Seals of EdwardIV.show that he was in Kent (at Dartford) on the 15th and 18th of that month, and he immediately after started for York.100.2Thomas Howes.101.1‘will.’ InMS.‘wt,’ which ought to read ‘with’; evidently a slip of the pen.101.2Apparently meaning anantedate.101.3George Nevill, Bishop of Exeter, afterwards Archbishop of York.565ABSTRACT101.4Depositions touching Sir J. Fastolf’s Will1464APRIL-NOV.‘Primum testes reprobatorii producti per Yelverton, contra testes Paston principaliter productos &c.‘Facta fuit sequens examinatio testium subscriptorum secrete et singillatim,videlicet, Domini Johannis Davy capellani vicesimo octavo die mensis Aprilis, Thomæ Upton quinto, Johannis Bockyng duodecimo, Nicholai Newman xvjtodiebus mensis Maii; Johannis Loer, Willelmi Eton quarto, Roberti Lynne quinto, diebus mensis Junii; Bartholomei Elys tercio, magistri Roberti Wylly sexto, Johannis Marshall, Johannis Davy terciodecimo et Willelmi Lyne ultimo, diebus mensis Julii; Anno Domini millesimo quadringentesimo sexagesimo quarto, Indictione duodecima, pontificatus Sanctissimi in Christo patris et domini nostri, domini Pii Divina prudencia Papæ Secundi anno sexto, In Domo Thesaurarii ecclesiæ Cathedralis Sancti Pauli, London, infra parochiam Sancti Gregorii civitatis London situat’, per venerabilem virum magistrum Johannem Druell, utriusque juris doctorem, examinatorem et commissarium ad infra scripta specialiter deputatum. In præsentia mei Nicholai Parker notarii auctoritate Apostolica, publici scribæ in hac parte de et super exceptionibus infra scriptis, par partem domini Willelmi Yelverton et Willelmi Worceter productorum.’1. John Davy chaplain, staying at the University of Cambridge,liberæ conditionis, 30 years old and more, examinedsuper exceptionibus infrascriptisof which the tenors are quoted, viz., on the part of Yelverton and Worceter against John Russe, Robert Cutteler clk., Master Clement Felmyngham, Rob. Boteler, Ralph Lampet, Brother Will. Bokyngham, and Master Robert Popy, witnesses on the opposite side, whose testimony is discredited ‘eo quod parte sua non præsenti juraverunt et super non juratis deposuerunt, ac in depositionibus suis fuerint et sint varii, contrarii, singulares negativam asserentes, causas dictorum suorum minime reddentes, unumque et eundem præmeditatum sermonem proferentes, a testatore non vocati aut rogati perhibere testimonium, nec sufficienter probantes in hac parte, prout ex inspectione depositionum suarum liquere poterit intuenti.’ Further, John Russe was illiterate, and did not understand Latin when he made his deposition, and he contradicted the other witnesses on his own side: viz., to the 9th interrogatory he said, Sir J. Fastolf’s will was not written before his death, which Clement Felmyngham and Robt. Cutteler in their reply to the 3d said it was. Moreover he expected advantage to himself from his testimony, and was discharged by Howys of £300 that he owed Fastolf. He had also secretly abstracted certain muniments and charters of the testator, which were in the custody of Will. Worceter, in the house of John Tovy, at Castir, Norwich dioc., in Nov. 1459. Moreover he wassupravisor et locatorof the testator’s lands called Akethorpe, yearly value 9 marks, appointed by Paston or Howys, who promised to sell them to him much under value for his testimony. Further, his statement that he was presentin quadam bassa cameraat Caister between 8 and 9A.M.on the Saturday before Sir J. Fastolf’s death, was a perjury, for he was really all that time in other places a long way off. His declaration that he was no servant or tenant of those who brought him forward was untrue: he had hired a house of Howys in the town of Yarmouth, value 40s. a year. He was inconsistent in his testimony about the hour Sir J. declared his will. He also pretended never to have seen Fastolf’s will before his death, although he wrote the said pretended will with his own hand with the date at the head, which at the beginning of this suit he caused to be cut off from the writing and hidden.Also the said Rob. Cutteler chaplain, when he made his deposition, was ‘levis opinionis, malæ conscientiæ et de mensa Joh’is Paston ac tenens ipsius, prout ad primum interrogatorium examinationis suæ primæ et secundæ respondebat.’ Also he was perjured; because in April 1457 in par. of Holy Trin., Castir, he beat and maimed one Jo. Flemyng, and boasted of it (ac sic factum nomine suo ratum habuit), but being taken before Sir J. Fastolf, justice of the peace, he swore he had not done so.—Proofs that he was not disinterested.Exceptions to Rob. Popy: He was a tenant of Paston’s, &c. &c.Davysays John Rus was at Yarmouth on the Saturday in question, as he usually was on Saturdays, to buy victuals for Fastolf’s house, &c. (Proof declared insufficient in the margin). Sir J. Fastolf was so ill, that, as Davy had heard he was unable to speak from 22d Oct. ‘Quæ quidem infirmitas vocabatur judicio medicorum,sincope, quæ ipsum vexabat singulis horis et ipsum deduxit ad extasim de scientia istius jurati, qui continue conversabatur cum eo usque ad ipsius mortem.’2. Thos. Upton, one of the clerks of the King’s kitchen,literatus, ‘liberæ conditionis,’ forty years old and over; 2d. witness.Mentions that W. Worceter gave Jo. Rus a casket to keep containing certain documents, which Rus delivered to Howys after Fastolf’s death. Was clerk of the kitchen to Fastolf when Rus used to go on Saturday to Yarmouth, &c.9 May. Jo. Bokkyng produced by Jo. Naseby, proctor of Yelverton and Worceter, before Master Tho. Wynterton, LL.D., auditor of Thomas Archbishop of Canterbury, at his house in the parish of St. Martin, in presence of Robert Kent, proctor of John Paston.—Examination committed to John Druell, LL.D. who on the 12th May examines him secretly in the house of the treasurer of St. Paul’s.‘Dicit quod Johannes Tovy quædam munimenta et evidencias103.1in certis bagis et pixidibus contenta quæ Willelmus Worceter eidem Johanni Tovy liberavit custodienda.’ Rus was and is Howys’ tenant for the house he lives in. After Fastolf’s death Upton delivered to Clement Felmyngham a signet or gold ring, ‘ad signandum sigilla dicti domini Johannis Fastolf,’ in a little bag, which was to be returned ‘post signacionem hujusmodi,’ but afterwards he said he had lost it. Touchyng brother W. Bukyngham, it was publicly noised at Yarmouth that Robert Brown, a chaplain of that town, had killed one Seman Burton, that Bukyngham knowingly received him, and that by his advice he fled. To the last exception he says he believes Fastolf did not release Paston from the payment of the said 4000 marks, ‘quia iste juratus non intellixit in tota vita sua tantam liberalitatem in dicto domino Johanne Fastolf.’ Fastolf had such difficulty in breathing for five or six days before his death that he could hardly speak.Interrogatories proposed on the part of Paston and Howys, and administered to witnesses.‘In primis, interrogetur quilibet testis hujusmodi cujus sit conditionis et ansit famulus,104.1serviens aut tenens partis eum producentis, et cui parti magis favet partium prædictarum.’ Secondly, whether he be in the pay of any one. There are six interrogatories in all, and they are numbered.Then follow answers of some one, whose name does not appear, to each of these six interrogatories; and other answers by—1. Nich. Newman, Usher of the Chamber to Lady Catherine, Duchess of Norfolk.2. John Loer, servant of the Abbot of Langley.3. Will. Eton.4. Rob. Lynne of Bucklande.5. Barth. Elys of Yarmouth, ‘literatus liberæ conditionis,’ fifty years old and more (proves Rus’s absence, but his testimony is declared in the margin to be improbable, and not to agree with Davy’s).6 July.Naseby produces Rob. Wylly on the part of Yelverton and Worcester. Examined on the 9th.—Says he was required by Paston and Howys to see Fastolf’s will, and ‘ad impediendum [impendendum] consilium suum:’—that on a Sunday in the summer after Fastolf’s death, John Paston showed him, at Fastolf’s house in Southwark, Sir John’s will written on paper, in presence of Clement Felmyngham and John Bracley, and asked his opinion if it was valid. Thought it insufficient to overthrow any previous will. A clause mentioning Tudenham and Heydon as executors was cancelled by this deponent’s advice, ‘eo quod erat contra caritatem.’13 July at Bow Church.Naseby produces John Marshall and John Davy, whose examinations follow.19 Oct. 1464.Druell examines Hen. Wenstall at the treasurer’s house of St. Paul’s.15 Nov. 1464.Druell examines Rob. Hert.1 Dec.Naseby produces Rob. Fyztrauf, whose production Kent opposes; who tries to prove Rus’s absence (insufficiently, as remarked in the margin), because he was constantly with Fastolf, except half an hour that morning, and held the basin while Henry Barbour lathered the beard (lavit barbam) of the said Sir John Fastolf.‘Responsiones personaliter factæ per dominum Thomam Howys unum executorum domini Joh’is Fastolf, ultimo die mensis Aprilis Aº Dni1464,’ &c., ‘coram Ven. viro Mag’ro Thoma Wynterbourne, LL.D.,’ &c., ‘in camera ejusdem infra manerium Revmipatris apud Lamehith, Winton dioc’ situat’, in præsenncia mei Nicholai Parker,’ &c.Howys says he did not see Coteler or Rus in Fastolf’s chamber that Saturday before he went to dinner. On Saturday and Sunday before his death Fastolf spoke so low he could hardly be heard by any one, and Howys heard him only by putting his ear close to his mouth. Fastolf’s mind was clear.101.4[FromMS.Phillipps, 9309.] These depositions, of which we shall only attempt to give some of the principal points, were produced in the Spiritual Court by Sir William Yelverton and William Worcester in opposition to the claim of John Paston and Thomas Howes to be Sir John Fastolf’s executors. The examinations were taken at intervals during the years 1464, 1465, and 1466, and the suit was not terminated when John Paston died. TheMS.volume here referred to contains three distinct bundles of these depositions bound up in a wrong order. A volume containing similar matter among the PastonMSS.in the British Museum will be found entered in the year 1465.103.1There is no verb in theMS.to governmunimenta et evidencias.104.1The text is continued here at another part of the volume, the leaves being misplaced.566ABSTRACT105.11464MAY 12Power of attorney by Roger Fidyon, clerk, and William Bondys to Richard Lynstede, John Holme, and John Brikkes, to enter and take possession of the manor of Hornynghall, in Castre, by Yarmouth, with appurtenances in Castre, Maudeby, Ormesby, Filby, and Scroudeby, or elsewhere in the hundred of East Flegge, Norfolk, which the said Roger and William have of the gift of Edmund Clere; and thereafter to deliver seisin therein to Agnes Paston, William Paston, Elizabeth, Countess of Oxford, John Veer, Earl of Oxford, John Scroop, Knight, Lord Scroop, Sir William Yelverton, Elizabeth Cleere; William Jennay, John Grenefeld, John Catesby, Serjeants-at-Law; John Hastynges, John Clopton, John Calthorp, Hugh Fen, Thomas Cornewaleys, Thomas Howes, clerk, Roger Marchall of London, Henry Spilman, William Lomnour, Bartholomew Whyte, William Whyte, John Applyerd, James Arblaster, William Wurcetyr, and Richard Maryot, according to a charter granted to them by the said Roger and William.Castre, 12th May, 4 EdwardIV.105.1[FromMS.in the Bodleian Library.]567MARGARET PASTON TO JOHN PASTON105.2To myn ryght worshypful hosbond, John Paston, be thys delyveryd in haste.1464JUNE 8Ryghtworshypful hosbond, rekomaund me on to you. Pleasyth you to wete that I sent yisterday Loveday to Norwyche to speke wyth the Vykyr of Derham105.3for the mater betwen Master Constantyn and hym; and he seyth that as for that mater, Master Constantyn sewyd hym forfeyth and trowth brekyng, and he sewed Master Constantyn in the Temporall Curte uppon an obligacion of xli.; and ther was made appoyntment be twen hem by the advyce of bothe ther Conceylis, be for Master Robert Popy, that eche of hem shuld relece othyr, and so they dede, and the sewtys wer wythdrawyn on bothe partyes, and iche of hem aquytauncyd othyr; and as for any copy of the plee, he had never non, ner he ner Master John Estegate, that was hys atornay, remembryth nat that it was regestryd; and Master John Estegate seythe, if it schuld be scergyd in the regester it wold take a fortenyght werk, and yit peraventur never be the nerer.Syr Thomas Howes hathe ben ryght besy thys weke at Blofeld, in wrytyng and lokyng uppe of ger, and John Russe hathe ben with hym ther the moste parte of alle thys weke, and thys day was Robert Lynne ther with hym; what they have do I wote nat, but I schal wete if I may.It was told me that Syr Thomas desyryd of John Russe to make hym a new inventory of Syr John Fastolffs goods. John Russe myght not be spoke with yit, for the letter that he shuld a wretyn, whych ye sente me word of.Item, it is tolde that the Dwke of Suffolk106.1is kome home, and owthyr he is ded, or ellys ryght seke, and not lyke to eskape; and Syr John Howard is kome hom; and it is seyd that the Lord Skalys106.2and he have a comyssyon to enquer whye they of this contre that were sent for kame not hastylar uppe afftyr they wer sent for. It is reportyd that the Kyng is gretly dyspleasyd ther with. At the reverence of God, arme yowr selve as myghtyly as ye kan ageyn yowr enmyes, for I know verrayly that they wyl do ageyn yow as myghtyly as they kan with all ther power.It is told me that Syr Thomas shal kom uppe in haste, and othyr, suche as he kan make for hys partye.Also for Goddys sake be war what medesyns ye take of any fysissyans of London; I schal never trust to hem be cause of your fadr and myn onkyl, whoys sowlys God assoyle.The blissyd Trynyte have yow in Hys kepyng, and sendeyow helthe and good spede in all yowr materis. Wretyn in haste, on the Fryday next befor Sceynt Bernabye.By yowrs,M. P.Alle the jentylmen of thys contre that went uppe to the Kyng ar contrmaundyd, and ar com hom ageyn. It is told me that Rowse of Suffolk107.1is ded. If John Gayn myght have any releese of his sone, if it myght do hym ese, it wer a good torne for hym.105.2[From Fenn, iv. 176.] The commission to Lord Scales and Sir John Howard mentioned in this letter seems to have reference to a proclamation dated the 11th May 1464, by which all men between the ages of sixty and sixteen were ordered to attend the King. The date is confirmed by the reference in the postscript to the death of ‘Rous of Suffolk,’ for Reginald Rous of Denington died in 1464. (SeeWeever’sFuneral Monuments, p. 782.)105.3Constantine Dalby was instituted to the Vicarage of East Dereham in 1451, and was succeeded in 1458 by Robert Sheringham.106.1John de la Pole, Duke of Suffolk.106.2Anthony Widville was created Lord Scales in 1461.—F.107.1Reginald Rous, Esq. of Denington, in Suffolk, died in 1464. He was the ancestor of the present Earl of Stradbroke.568RICHARD CALLE TO JOHN PASTON107.2To my ryght wurschipfull my mastre, John Paston, be this delyverd in haste.1464JUNE 28Plesithit youre goode maisterchippe to witte that I have be with my Mastre Calthorppe for the matre ye wrote to hym fore, wherin I have founde hym ryght weele disposed and favorabley; nevertheles he tolde me that William Jenney hath bene hes goode frende and have ben of hes councell this ij. yere in all hes matres towchyng the lawe, but he seide lever he hadde lose the lesser frende than the greete frende, and so he hathe graunted favour accordyng to youre desire, and wrote a lettre to the undrescheryff of Norfolk that he schuld take suerte sufficient to save hym harmeles, and that done to write a letter to the undrescheryff of Suffolk and lete hym witte that he hath taken suerte that ye schall appere in thecrastino Animarumupon the exigents returnable, or ellesto bryng asuper sedias108.1lauful before that daye, chargyng hym that he do sece [cause to cease] the callyng of the writts, and to retorne that ye appered the furst day. Weche suerte is taken, and a letter wreten to the undrescheryff of Suffolk acordynge herto.Item, as for Sir Thomas Howes, he lythe most at Norwiche. I can thynke he come not up to London tyll Michelmes.Item, I rode over to Techewelle whan that I whas at Mastre Calthorppes for to have money of the fermours, and Yelverton and Sir Thomas hathe sent to hem that they schol pay to you no more money, for that they had payed to you they schulde payed [pay it] ayene to them; and so I gane [can] gete no money of hem. Wherfore I went for to distreyne hem; and so they seide that I myght not distreyne hem, for I come before the daye, for her [their] day is at Midsomer. Nevertheles I wold not lette, for that Simond Miller and other promysed to Mr. William Cotyng and to me that I schuld have the money aftre Midsomer, so that I brought with me a quetaunce of suche money as ye have receyved of hem, or elles a generall quetaunce; and the tone I purposed to do in haste be the advice of the seide Mastre W. Cotynge. For, and I torned, I can thynke it schuld hurte. I am purposed to lete it in youre name to other folks or to them ayen, and suerte founde to you, &c. And Almyghty God preserve and kepe you. Wreten at Norwiche on Sen Petres Even.Your pore servaunt and bedman,Ric. Calle.107.2[From PastonMSS., B.M.] This letter refers to the suit brought by Jenney against Paston in 1464, in which, as will be seen hereafter, Paston failed to appear at four successive county courts held at Ipswich, and was at last outlawed in Michaelmas term.SeeNo. 572.108.1Super sedias.So spelt inMS.569JOHN PASTON TO EDWARD IV.109.1To the Kyng, our Liege Lord.1464Besechythlowly your humble servaunt, John Paston the older, squier, that it please youre good grace, for such a fyne as your highnes hath apoynted your seid besecher to content yow, wherof ye be put in suerte, to graunt on to your seid besecher your gratious lettirs patentes of licence to found, stabilissh, and endewe in the gret mancion of Caster in Flegge in Norffolk, that late was John Fastolffs, knyght, cosyn to your seid besecher, a college of vij. prestes, wherof one to be master, and of vij. porefolk, to pray for your noble astate and for the soule of the seid John Fastolff and such other as he was behold to inperpetuite, aftir ordinauns by your seid besecher in that behalff to be made; and to inmortese, geve and graunt to the seid prestes and to ther successours, for the sustentacion of hem and of the seid porefolk CXX. mark of annuite and rent charge, or annuites and rentes charge, yerly goyng out of the maners callid Redhams, Vaux, and Bosomes, in Caster forseid, Begviles in Wynterton, Reppis in Bastewyk, Spencers in Heryngby, Loundhall in Saxthorp, Heylesdon, Drayton, Heynesford, Guton in Brandeston, Beyton, Techewell, and of the thrid part of the maner of Runham with th’apportenauns in the shire of Norffolk, and of the maners of Hemnales in Cotton, Burneviles in Nakton, Akthorp in Leystoft, Calcotes, Havelound, Spitlyngges, with th’apportenauns in the shire of Suffolk, and out of any part ofthe seid maners, with a clause of distresse for defaut of payment of the seid rente, and vj. acres of lond in the seid towne of Caster, and the avowsons of the chirches of the same town, and the fourth part of the seid mancion, or any part therof for the habitacion of the seid prestes and porefolk, to be reparid at the costs of your seid besecher, and his heires or assignes for evir. And also by your seid lettirs patentes to graunt the same prestes to be one body incorperate and to have succession perpetuall, and a comon seall, and to be persones abill to plede and to be impletid, and to purchase and alienyn all maner londes, goodes and catell, by the name of the master and his brethyrn of the college of Sen John Baptist of Castre aforeseid. And also by your seid lettirs patentes to licence the seid prestes to take and reseyve, and to hold to them and to ther successours the seid annuite, rent charge, vj. acres of lond, avousons, and the seid ———110.1part of the seid mancion, for evir. And to geve your Chaunceler of Inglond for the tyme beyng, comaundement, power, and auctorite that where as in this petision is not comprehendid the certeynte of termes, maters, clauses, and other circumstaunces convenient and requisite after forme of lawe for licens of the seid fundacion, that your seid Chaunceler, that notwithstandyng, do make your seid lettirs patentes in forme of lawe effectuall and sufficient in that behalf after the very entent aforeseid, not excedyng the valew and somme before specifyd, without any fyne or fee other thanne is afore specifyd to be payd for the seid lettirs patentes, licens, or grauntes, by your seid besecher or by the seid prestes; and thei shall pray hertly to God for yow.Endorsed in a later hand:—Supplicatio Jo. Paston [pro] fundacione Collegii apud Caistor [secundum] formam testamenti Jo. Fastolf, mil.109.1[FromMSS.in the Bodleian Library.] This, and the alternative petition which follows, seem to have been drawn up in the year 1464, as one or other of them must have been the subject of the agreement of the 10th September in that year (No. 571). The two are printed from two parchmentMSS.in the Bodleian Library. There is also, among the PastonMSS.in the British Museum, a third copy, fair written on parchment like the other two, of which the text corresponds in the beginning to the second petition, and in the latter part to the first.110.1A blank on an erasure.II.To the Kyng, our Sovereyn Lord.1464Please it yowr highnes to graunte unto yowr humble servant John Paston the older, Squier, yowr gracious lettres patents of licence to fownde, stabelysh, and endewe in the gret mancion of Castre be Mekyll Yermowth in Norffolk, that late was John Fastolffs, knyght, cosyn to yowr seyd besecher, a colage of vij. prystes wheroff on to be master, and vij. pourmen, to praye for your noble astate, and for the sowle of the said Fastolff and suche othir as he was be holde to inperpetuite, and to inmortese and gyve to the seyd prystes, and to ther successours for the sustentacion of hem, and of the seyd pourmen C. marke of annunite and rent charge, yerly goyng owt of all maneres, londes, and tenementz that were the seyd Fastolffs within the Shyres of Norffolk and Suffolk, and vj. acres of londe in the sayd town of Castre, and the iiij. parte of the sayd mancion for the habitacion of the sayd prystes and pourmen, to be repared at the costes of your seyd besecher and hys heyres and assignes for ever, as suerly and lawfully as your seyd besecher can devise. And also be your letters patentz to graunt the same prystes to be one bodie incorperate, and to have succession perpetuall, and a comon seall, and to be persones abyll to plede and be impletid, and to purchase and alienyn all maner londs, tenements, godes, and catell, be the name of the master and hys brethyrn of the collage of Saynt John Baptiste of Castre aforsayd. And also be your letters patentz to licence the sayd prystes to take and receyve, and to holde to theym and to ther successours the sayd annaunite, rente charge, vj. acres of lond, avowsons, and the seyd iiij. parte of the said mancion for ever, with owte eny ffyne or fe to be payde for the sayd lettres patentz, licens or grauntes be your sayd besecher, or be the said pristes. And thei shall pray hertly to God for you.Endorsed in a later hand:—Peticio Joh’is Paston Arm’ ad Regem pro collegio in Caister.570ANONYMOUS TO MASTER ROTHEWELL111.11464(?)MaisterRothewell, please you to remembre, as for the mater that John Paston and Sir Thomas Howys comownyd with you of, in whiche they desyred specialy the good lordship, support and helpe of my Lordis of Wynchestre and Beauchamp for acomplishement of the willof here testatour112.1and in esshewynge of costis. And where as ye meovyd to knowe the materys that were contraryed be otherys, we undirstonde and have knowlege of late tyme it112.2stondeth in these materys folwyng.Fyrst, the seyd Testatour be hise testament namyd the seyd Lordys and the seyd John Paston and Thomas Howys and othyr executorys, and wolde as for the admynistracion, kepyng and execucion of his goodis shuld be takyn and doo be the seyd Paston and Howys duryng here lyves, if they will take admynistracion; and if ony of hem too desese or refuce the admynistracion, the tothyr to chese to hym on of the remnaunt of the executorys to execute, &c. And if bothe deye, noon chosyn, thanne tweyne to be chosyn be the executorys levyng, or the more part of hem, to admynistre in lyk wise. And they too that do occupye to have recourse to my seyd lordis and the othyr executorys in takyng here good avyse chargeable and requysit materys. And this is oon matere that othyr namyd in the Testament gruche with. Notwithstandyng, as for ony avauntage that we cleyme to have by it, we wyll be agreable to ony mean resonable that oure seyd lordis wyll ordeyne to the good disposecion of the goodys accordyng to oure testatorys intent, or to ony meane that may concyensly or lawefully be meovyd.Item, as for hise wyll touchyng hese goodis on mevable, as hese londis and tenamentis, the seyd testatour hathe at all tymes this xx. yeer, in all wyllis that he hathe made, ordeynid that a gret part of hyse seyd londis shuld goo to the fundacion of a collage at Castre of vij. monkys or pristis and vij. pore folke; and he by hyse last wyll ordeynid that the seyd John Paston shuld have all the londis and tenementis in Norffolke, Suffolke and Norwyche; and that the seyd Paston shuld at hese cost inmorteyse and indewe the seyd Collage and paye iiijmlmark to be dysposed for the testatouris soule, as is declaryd in the seyd wyll more pleynerly. And as for the remnaunt of the lyflode to be sold, and the mony thereof comynge to be disposed be thoo personys that he hathe ordeynid to have the execucion of hise wyll and testament.And as for thys matere of the Collage, there shall, be the mene hereof, more mony growe to the handis of the mynistrorys, what soo ever they bee, and also lesse labour thanne shuld have doo and thys hadde not bee, in cas the seyd mynistroris wolde intende to parforme ony will that the seyd Testatour made thys xx. yeer. And also it shalbe well provyd that the seyd Testatour was dysposed to have doo more largely to the seyd Paston thanne is conteynid in the seyd wyll if he hadde levyd the tyme to have expressyd and parformyd hise wyll and entent.Wherfor, plese my seyd lordis to take suche a direccion that the may undirstonde the trouthe of these materys, and to shewe here good lordshepys and favour accordyng to the trouthe in parformyng of the Testatourys wyll, and in sesynge of voyd costis of hese goodis. And that they will geve noo credence to suche as wyll upon here owyn imagynacionys for maleyse or invye intendyng to contrarye the dedys wyll or mys spende hese goodis . . .Endorsed by another hand:—A letter to Rothwell or Worcester or of Watkyn Schyddam.111.1[Add.MS.33,597, f. 6.] This letter would seem to be of about the same date asNo. 569.112.1Sir John Fastolf.112.2it.MS.reads ‘in.’571FOUNDATION OF CAISTER COLLEGE113.1Apunctuament’ Regis pro fundacione Collegij apud Caistre, &c.1464SEPT. 10TheKyng, for the soume of CCC. mark of lawfull mony of Inglond, or of silver plate to the valew therof, grauntith to John Paston the older, Squier, to have licens, lawfully mad, to make and found a College of vij. prests and vij. pore folk at Caster, in Flegge in Norffolk, for the soule of Sir John Falstolf, Knyght; thei to be indued with certeyn rent, and otherwise aftir the intent and effect as is specifijd in a bille therof, signed by the Kyng; and that heshall showe his good grase, favour, and assistance to have the said fundacon inacted and auctorised in the parlement next holden, and discharge the seid John Paston and the seid prests of any other fyne or fee to be mad in the Chauncerie for the seid fundacion; and that the Kyng shall signe and graunt warants for seid licens, and shewe his good grace and favour in the expedision therof, what tyme he be sued to therfore by the seid John Paston.Also, the Kyng grauntith to be good and favorabill Lord to the seid John Paston, and inespeciall in all thyngs touchyng the execucion of the will of the seid Sir John Fastolf, and also to be good and favorabill Lord to the seid John Paston, in supportyng and helpyng hym, in that the Kyngs Highnesse may lawfulle do, in such maters as are in debate athwyx the seid John Paston and William Yelverton, or William Jenney, or any other, concernyng the londs and tenements, goods or cattell, that were the seid Sir John Fastolfs. Also the Kyng grauntith to help and support the seid John Paston to opteyne and have to the use of the seid Sir John Fastolf such goods as were the seid Fastolfs deseitfully aloyned out of the possession and knowlech of the seid John Paston; and that the Kyng shall graunt the seid John Paston such lawfull writynggs and lettirs from the Kyng, directed to such persones as shall be behovefull for the same, what tyme the seid John Paston suyth to the Kyngs Highnesse therfore.Also where Yelverton, or Jenney, or any Justise of the Peas of the Shire of Suffolk hath recorded any riot, trespas, or offenses to be do ayens the Kyngs peas, by the seid John Paston, his servaunts, or tenaunts, or frends; or where any inditement or presentment is found ayens them, or any of them, before any of the seid Justises, for any such riot, offenses, trespas, or for any other mater remaynyng of record in the Kyngs Benche, or in any other plase, the Kyng grauntith to the seid John Paston, and all other persones named in the seid records or inditements, or in any of hem, and to alle her boroughs [sureties] and plegges, and to ich of hem that woll sue it, a pardon of all riotes, trespas, offenses, felonys, forfetures doon ayens the Kyngs peas, and of fynes thereforedempt [adjudged], or to be dempt, and of all other thyngs generally, treason except, and that the Kyng shall signe warants lawfull of the seid pardons, what tyme his Highnesse be requerid by the seid John Paston or his attornys.And also that his Highnesse shall do inquere and examinacion be mad whedir the seid record of the seid Justises and presentments, and other informacions or compleynts mad ayens the seid John Paston, were do trewly and lawfully or nought; and if it be found that thei were do otherwise thanne trought, lawe, or consiens woll, thanne the Kyng grauntyth to cause the doers therof to recompense the seid John Paston and the seid other persones, as far as lawe and good consiens woll in that behalf.And that if it fortune any compleynt to be mad ayens the seid John Paston, by any persone in tyme comyng, to the Kyng, that he shall take no displeasir to the seid John Paston till the tyme he come to his answer, and be found in defaut.And that the Kyng shall receyve an Cli.of the seid CCC. mark, what tyme he send for it, and the remnaunt as sone as the seid fundacion take effect; and also that his Highnesse shall gete the assent of the reverent fader in God, the Archebisshop of Caunterbury, in such apoyntments as is mad athwyx the Kyng and the seid John Paston, of such goods as were the seid Sir John Fastolfs, for the delivere therof; and that if the seid John Paston refuse the administracion of the goods and catell that were the seid Sir John Fastolfs, sufferyng other to take it opon hem, the Kyng, at the instauns of the seid John Paston, grauntith to be good and favorabill Lord to such other as the coors of the lawe, and assent of the seid John Paston, shall take the seid administracion in execucion of the seid Fastolfs will, touchyng the administracion of the goods and catell forseid, acordyng to the same wyll; and that the Kyng shall not cleyme nor desire any of the londs or tenements, goods or catell, that were the seid Sir John Fastolf, ayens the seid John Paston, or any other executor, administror, or feffe of the seid Sir John Fastolf, nor support or favour any other persone in cleymyng any of the seid londs or tenements, goods or catell, ayens any the seid administers, executores, or feffes.And the Kyng grauntith that where as this bille is not sufficiently mad in clauses and termes according to th’entent therof, that his Highnesse woll take and execute the very entent therof, notwithstandyng the insufficiens of any such termes and clauses in thes bille. Wretyn at Marleburgh, the Monday next after the Nativite of oure Lady, the fourthe yere of the reigne of the Kyng.113.1[From Fenn, iv. 182.]572ABSTRACTS116.1Outlawry of John Paston.1464NOV. 20

97.1[From PastonMSS., B.M.]

97.2Thuribula, censers, fromthus.

97.3These marginal notes are in John Paston’s hand.

98.1Psalm cxv. [cxvi.] 13.

98.2SeeNote 3 on last page.

98.3The plate in this list is the same as that described inNo. 554, by which the words lost in thisMS.have been supplied.

98.4Added in John Paston’s hand.

This is worth xiij.li.xv.s.Thes be worth, after xxx.d.the unch xxviij.li.xiijs.ix.d.all currencies (“li.”, “s.”, “d.”) printed in roman (non-italic) type

This is the plate that was in my cofir at Norwich.

1464

A chaleysof goold playne, weyng ij. pound.

Item, a nother chaleys of goold, with this writynge ‘Calicem salutaris98.6accipiam,’ weyng xix. unces.

Item, one table of gold, with an image of Sen James set with precious stonys, weyng xiij. unce iij. quarter.

Item, one peyre of sensers of silver and gilt, with scripture,viz., in the first part, ‘Dat’ est eis,’ &c., and in the second parte, ‘Ascendit fumus,’ &c., weyng xiijli.et x. unc’.

Item, one box of silver and gilt for the sacrement, with a crosse in the heyght, and chased with liliis, weying vli.iij. unc’ di.

Item, one potte callid a crismatorie to put in holy creme and oyle, of silver and gilt, weying jli.

98.5[From PastonMSS., B.M.] This list of articles is in the handwriting of Richard Calle, writing, I presume, as John Paston’s secretary, and in his name. It will be seen that it corresponds with a Latin list contained inNo. 561, and must therefore be the ‘bill drawn in English’ there referred to.98.6Salutularis,MS.

98.6Salutularis,MS.

An image off Owr Lady with ij. awngellis sensyng, gilthe, viijxx.unc’, viz., xiiili.et. iiij. unc’.

Item, a crosse with a fott, lx. unc’, gilthe in to cassys and gilt, viijxx.& xvij. unc’, viz., xiiijli.& ix. unc’.

Item, an image of Sent Jon Vangelist, gilthe, weyng vijxx.x. unc’, viz., xijli.vj. unc’.

Item, an image of Sent Jon Baptist, gilthe, with the Lamb, lviij. unc’, viz., iiijli.x. unnc’.

Item, an image off Sent Jamis with his staff, gilthe, weyng xxxvj. unc’, viz., iijli.

Item, an image off Our Lady, gilthe, with a crowne and a lely, weyng iijxx.vj. unnc’, viz., vli.vj. unc’.

Item, an image of Sent Denys, gilthe, weyng l. unc’, viz., iiijli.ij. unc’.

Item, an image off owr Savyowr, gilt, with His crosse, His diademe, and His fane, vxx.xj. unc’, viz., ixli.iij. unc’.

Summa unciarum xlxx.viij. unc’.Summa lxvij. lib. iiij. unc’.Sum in markis Cj. mark ij. unc’, di.

Memorandum, j. lib. continet xij. unc’; j. marc continet viij. unc’.

Endorsed—Episcopus Cantuariensis.

99.1[From PastonMSS., B.M.] This list is likewise in the handwriting of Richard Calle, and was perhaps drawn up about the same time as the preceding one.

To my rygth worchepful broder John Paston Sqwyer.

1464APRIL 18

Ryghtworshypfull brothyr, I recomawnde me to zow. After all dew recomendacions, &c., plesse it zow to wett that after that I had harde say that the person of Blowfelde100.2wasse com to town I went to hym to his in, and he bade the mesenger say that he wasse not within, and I bad hym say a gayn that I come thyder to hym for hys own worchep and avayle and that I wasse sory that I com so fer for hym; and after that he sent for me and he cowde not fynde me, and I harde say ther of. And than I wrott a letter, resytyng how that he wasse sworn yesterday for to say the trowthe of al maner of materis consernyng Sir John Fastolfe, avysyd hym to remember qwat hys wytnesse hadde sayd for hys sake, and wat schame it xwlde be to hym to say the contrary; And also, if he sayde the contrary, ze wold herafter prove the trowthe and contrary to hys sayyng, and prove hym in a perjuri. And also I badde hym remember with wat maner of men he delt wythe; and I rehersyd how untrwly they hadde don. And not with standyng thys, after I met with hym in the strett and spak with hym, and I fownde hym passyng strawngely disposyd and sor mevyd with consiens that ze xwld have the lond and fownd the colage but with an C. marcs, not with stondyng he myth fynde in hys consiens by the well that the colage xwld be fowndyd in a noder plasse but with an C. marcs, and the reminaunt of the lylode sold so that he myth pwroe the mony; so I felt by hym that all hys strawngenes from zow is for he demythe that ze wold parte from no thyng; and I told hym the contrary ther of to betrwe, az this day he is exaymined up on a bok to sey the trowthe of all thynges as the juge will101.1aske hym, for the jugeis informacion; wych I trowe wyll not be good. Also they have pwt intestesazens zow iijxxor iiijxxmen. Mayster Robard Kent wold sayn that ze xwle gett zow ij. lycens of the prioris of zowre wytnes, Mayster Clement and the monke, with an A101.2datt beryng before the comyng up; for that must ye nedis have. Also he wold sayn that ze xwld com to thys towne. Me thowte by Sir Thomas that they have aswerte in maner that ze xall have no lycens for zour fundacion. And [i.e.if] they be abowte to gett a lycens to fownde the colage in a noder place, me thynkythe that wold hurte; her colour is for cause ze can gett no lycens to fownde it at Caster; werfor thow zour wyll wer trwe, they myth lawfully fownde it in a noder place. My Lord Chawnceler101.3is gone to Zork and wyll not be her of all thys term. Wrytyn on Wednisday nexst be for Saynt George.

The Kyng hathe ben in Kent and ther ben endityd many for Isleis dethe; and he wyll com to town this day azen and he wyl not tary her but forthe to Zork straytt.ByClement Paston.

100.1[Add.MS.34,889, f. 7.] This letter was written in April 1464, when witnesses began to be examined about Fastolf’s will.SeeNo. 565. The Privy Seals of EdwardIV.show that he was in Kent (at Dartford) on the 15th and 18th of that month, and he immediately after started for York.100.2Thomas Howes.101.1‘will.’ InMS.‘wt,’ which ought to read ‘with’; evidently a slip of the pen.101.2Apparently meaning anantedate.101.3George Nevill, Bishop of Exeter, afterwards Archbishop of York.

100.2Thomas Howes.

101.1‘will.’ InMS.‘wt,’ which ought to read ‘with’; evidently a slip of the pen.

101.2Apparently meaning anantedate.

101.3George Nevill, Bishop of Exeter, afterwards Archbishop of York.

Depositions touching Sir J. Fastolf’s Will

1464APRIL-NOV.

‘Primum testes reprobatorii producti per Yelverton, contra testes Paston principaliter productos &c.‘Facta fuit sequens examinatio testium subscriptorum secrete et singillatim,videlicet, Domini Johannis Davy capellani vicesimo octavo die mensis Aprilis, Thomæ Upton quinto, Johannis Bockyng duodecimo, Nicholai Newman xvjtodiebus mensis Maii; Johannis Loer, Willelmi Eton quarto, Roberti Lynne quinto, diebus mensis Junii; Bartholomei Elys tercio, magistri Roberti Wylly sexto, Johannis Marshall, Johannis Davy terciodecimo et Willelmi Lyne ultimo, diebus mensis Julii; Anno Domini millesimo quadringentesimo sexagesimo quarto, Indictione duodecima, pontificatus Sanctissimi in Christo patris et domini nostri, domini Pii Divina prudencia Papæ Secundi anno sexto, In Domo Thesaurarii ecclesiæ Cathedralis Sancti Pauli, London, infra parochiam Sancti Gregorii civitatis London situat’, per venerabilem virum magistrum Johannem Druell, utriusque juris doctorem, examinatorem et commissarium ad infra scripta specialiter deputatum. In præsentia mei Nicholai Parker notarii auctoritate Apostolica, publici scribæ in hac parte de et super exceptionibus infra scriptis, par partem domini Willelmi Yelverton et Willelmi Worceter productorum.’1. John Davy chaplain, staying at the University of Cambridge,liberæ conditionis, 30 years old and more, examinedsuper exceptionibus infrascriptisof which the tenors are quoted, viz., on the part of Yelverton and Worceter against John Russe, Robert Cutteler clk., Master Clement Felmyngham, Rob. Boteler, Ralph Lampet, Brother Will. Bokyngham, and Master Robert Popy, witnesses on the opposite side, whose testimony is discredited ‘eo quod parte sua non præsenti juraverunt et super non juratis deposuerunt, ac in depositionibus suis fuerint et sint varii, contrarii, singulares negativam asserentes, causas dictorum suorum minime reddentes, unumque et eundem præmeditatum sermonem proferentes, a testatore non vocati aut rogati perhibere testimonium, nec sufficienter probantes in hac parte, prout ex inspectione depositionum suarum liquere poterit intuenti.’ Further, John Russe was illiterate, and did not understand Latin when he made his deposition, and he contradicted the other witnesses on his own side: viz., to the 9th interrogatory he said, Sir J. Fastolf’s will was not written before his death, which Clement Felmyngham and Robt. Cutteler in their reply to the 3d said it was. Moreover he expected advantage to himself from his testimony, and was discharged by Howys of £300 that he owed Fastolf. He had also secretly abstracted certain muniments and charters of the testator, which were in the custody of Will. Worceter, in the house of John Tovy, at Castir, Norwich dioc., in Nov. 1459. Moreover he wassupravisor et locatorof the testator’s lands called Akethorpe, yearly value 9 marks, appointed by Paston or Howys, who promised to sell them to him much under value for his testimony. Further, his statement that he was presentin quadam bassa cameraat Caister between 8 and 9A.M.on the Saturday before Sir J. Fastolf’s death, was a perjury, for he was really all that time in other places a long way off. His declaration that he was no servant or tenant of those who brought him forward was untrue: he had hired a house of Howys in the town of Yarmouth, value 40s. a year. He was inconsistent in his testimony about the hour Sir J. declared his will. He also pretended never to have seen Fastolf’s will before his death, although he wrote the said pretended will with his own hand with the date at the head, which at the beginning of this suit he caused to be cut off from the writing and hidden.Also the said Rob. Cutteler chaplain, when he made his deposition, was ‘levis opinionis, malæ conscientiæ et de mensa Joh’is Paston ac tenens ipsius, prout ad primum interrogatorium examinationis suæ primæ et secundæ respondebat.’ Also he was perjured; because in April 1457 in par. of Holy Trin., Castir, he beat and maimed one Jo. Flemyng, and boasted of it (ac sic factum nomine suo ratum habuit), but being taken before Sir J. Fastolf, justice of the peace, he swore he had not done so.—Proofs that he was not disinterested.Exceptions to Rob. Popy: He was a tenant of Paston’s, &c. &c.Davysays John Rus was at Yarmouth on the Saturday in question, as he usually was on Saturdays, to buy victuals for Fastolf’s house, &c. (Proof declared insufficient in the margin). Sir J. Fastolf was so ill, that, as Davy had heard he was unable to speak from 22d Oct. ‘Quæ quidem infirmitas vocabatur judicio medicorum,sincope, quæ ipsum vexabat singulis horis et ipsum deduxit ad extasim de scientia istius jurati, qui continue conversabatur cum eo usque ad ipsius mortem.’2. Thos. Upton, one of the clerks of the King’s kitchen,literatus, ‘liberæ conditionis,’ forty years old and over; 2d. witness.Mentions that W. Worceter gave Jo. Rus a casket to keep containing certain documents, which Rus delivered to Howys after Fastolf’s death. Was clerk of the kitchen to Fastolf when Rus used to go on Saturday to Yarmouth, &c.9 May. Jo. Bokkyng produced by Jo. Naseby, proctor of Yelverton and Worceter, before Master Tho. Wynterton, LL.D., auditor of Thomas Archbishop of Canterbury, at his house in the parish of St. Martin, in presence of Robert Kent, proctor of John Paston.—Examination committed to John Druell, LL.D. who on the 12th May examines him secretly in the house of the treasurer of St. Paul’s.‘Dicit quod Johannes Tovy quædam munimenta et evidencias103.1in certis bagis et pixidibus contenta quæ Willelmus Worceter eidem Johanni Tovy liberavit custodienda.’ Rus was and is Howys’ tenant for the house he lives in. After Fastolf’s death Upton delivered to Clement Felmyngham a signet or gold ring, ‘ad signandum sigilla dicti domini Johannis Fastolf,’ in a little bag, which was to be returned ‘post signacionem hujusmodi,’ but afterwards he said he had lost it. Touchyng brother W. Bukyngham, it was publicly noised at Yarmouth that Robert Brown, a chaplain of that town, had killed one Seman Burton, that Bukyngham knowingly received him, and that by his advice he fled. To the last exception he says he believes Fastolf did not release Paston from the payment of the said 4000 marks, ‘quia iste juratus non intellixit in tota vita sua tantam liberalitatem in dicto domino Johanne Fastolf.’ Fastolf had such difficulty in breathing for five or six days before his death that he could hardly speak.Interrogatories proposed on the part of Paston and Howys, and administered to witnesses.‘In primis, interrogetur quilibet testis hujusmodi cujus sit conditionis et ansit famulus,104.1serviens aut tenens partis eum producentis, et cui parti magis favet partium prædictarum.’ Secondly, whether he be in the pay of any one. There are six interrogatories in all, and they are numbered.Then follow answers of some one, whose name does not appear, to each of these six interrogatories; and other answers by—1. Nich. Newman, Usher of the Chamber to Lady Catherine, Duchess of Norfolk.2. John Loer, servant of the Abbot of Langley.3. Will. Eton.4. Rob. Lynne of Bucklande.5. Barth. Elys of Yarmouth, ‘literatus liberæ conditionis,’ fifty years old and more (proves Rus’s absence, but his testimony is declared in the margin to be improbable, and not to agree with Davy’s).6 July.Naseby produces Rob. Wylly on the part of Yelverton and Worcester. Examined on the 9th.—Says he was required by Paston and Howys to see Fastolf’s will, and ‘ad impediendum [impendendum] consilium suum:’—that on a Sunday in the summer after Fastolf’s death, John Paston showed him, at Fastolf’s house in Southwark, Sir John’s will written on paper, in presence of Clement Felmyngham and John Bracley, and asked his opinion if it was valid. Thought it insufficient to overthrow any previous will. A clause mentioning Tudenham and Heydon as executors was cancelled by this deponent’s advice, ‘eo quod erat contra caritatem.’13 July at Bow Church.Naseby produces John Marshall and John Davy, whose examinations follow.19 Oct. 1464.Druell examines Hen. Wenstall at the treasurer’s house of St. Paul’s.15 Nov. 1464.Druell examines Rob. Hert.1 Dec.Naseby produces Rob. Fyztrauf, whose production Kent opposes; who tries to prove Rus’s absence (insufficiently, as remarked in the margin), because he was constantly with Fastolf, except half an hour that morning, and held the basin while Henry Barbour lathered the beard (lavit barbam) of the said Sir John Fastolf.‘Responsiones personaliter factæ per dominum Thomam Howys unum executorum domini Joh’is Fastolf, ultimo die mensis Aprilis Aº Dni1464,’ &c., ‘coram Ven. viro Mag’ro Thoma Wynterbourne, LL.D.,’ &c., ‘in camera ejusdem infra manerium Revmipatris apud Lamehith, Winton dioc’ situat’, in præsenncia mei Nicholai Parker,’ &c.Howys says he did not see Coteler or Rus in Fastolf’s chamber that Saturday before he went to dinner. On Saturday and Sunday before his death Fastolf spoke so low he could hardly be heard by any one, and Howys heard him only by putting his ear close to his mouth. Fastolf’s mind was clear.

‘Primum testes reprobatorii producti per Yelverton, contra testes Paston principaliter productos &c.

‘Facta fuit sequens examinatio testium subscriptorum secrete et singillatim,videlicet, Domini Johannis Davy capellani vicesimo octavo die mensis Aprilis, Thomæ Upton quinto, Johannis Bockyng duodecimo, Nicholai Newman xvjtodiebus mensis Maii; Johannis Loer, Willelmi Eton quarto, Roberti Lynne quinto, diebus mensis Junii; Bartholomei Elys tercio, magistri Roberti Wylly sexto, Johannis Marshall, Johannis Davy terciodecimo et Willelmi Lyne ultimo, diebus mensis Julii; Anno Domini millesimo quadringentesimo sexagesimo quarto, Indictione duodecima, pontificatus Sanctissimi in Christo patris et domini nostri, domini Pii Divina prudencia Papæ Secundi anno sexto, In Domo Thesaurarii ecclesiæ Cathedralis Sancti Pauli, London, infra parochiam Sancti Gregorii civitatis London situat’, per venerabilem virum magistrum Johannem Druell, utriusque juris doctorem, examinatorem et commissarium ad infra scripta specialiter deputatum. In præsentia mei Nicholai Parker notarii auctoritate Apostolica, publici scribæ in hac parte de et super exceptionibus infra scriptis, par partem domini Willelmi Yelverton et Willelmi Worceter productorum.’

1. John Davy chaplain, staying at the University of Cambridge,liberæ conditionis, 30 years old and more, examinedsuper exceptionibus infrascriptisof which the tenors are quoted, viz., on the part of Yelverton and Worceter against John Russe, Robert Cutteler clk., Master Clement Felmyngham, Rob. Boteler, Ralph Lampet, Brother Will. Bokyngham, and Master Robert Popy, witnesses on the opposite side, whose testimony is discredited ‘eo quod parte sua non præsenti juraverunt et super non juratis deposuerunt, ac in depositionibus suis fuerint et sint varii, contrarii, singulares negativam asserentes, causas dictorum suorum minime reddentes, unumque et eundem præmeditatum sermonem proferentes, a testatore non vocati aut rogati perhibere testimonium, nec sufficienter probantes in hac parte, prout ex inspectione depositionum suarum liquere poterit intuenti.’ Further, John Russe was illiterate, and did not understand Latin when he made his deposition, and he contradicted the other witnesses on his own side: viz., to the 9th interrogatory he said, Sir J. Fastolf’s will was not written before his death, which Clement Felmyngham and Robt. Cutteler in their reply to the 3d said it was. Moreover he expected advantage to himself from his testimony, and was discharged by Howys of £300 that he owed Fastolf. He had also secretly abstracted certain muniments and charters of the testator, which were in the custody of Will. Worceter, in the house of John Tovy, at Castir, Norwich dioc., in Nov. 1459. Moreover he wassupravisor et locatorof the testator’s lands called Akethorpe, yearly value 9 marks, appointed by Paston or Howys, who promised to sell them to him much under value for his testimony. Further, his statement that he was presentin quadam bassa cameraat Caister between 8 and 9A.M.on the Saturday before Sir J. Fastolf’s death, was a perjury, for he was really all that time in other places a long way off. His declaration that he was no servant or tenant of those who brought him forward was untrue: he had hired a house of Howys in the town of Yarmouth, value 40s. a year. He was inconsistent in his testimony about the hour Sir J. declared his will. He also pretended never to have seen Fastolf’s will before his death, although he wrote the said pretended will with his own hand with the date at the head, which at the beginning of this suit he caused to be cut off from the writing and hidden.

Also the said Rob. Cutteler chaplain, when he made his deposition, was ‘levis opinionis, malæ conscientiæ et de mensa Joh’is Paston ac tenens ipsius, prout ad primum interrogatorium examinationis suæ primæ et secundæ respondebat.’ Also he was perjured; because in April 1457 in par. of Holy Trin., Castir, he beat and maimed one Jo. Flemyng, and boasted of it (ac sic factum nomine suo ratum habuit), but being taken before Sir J. Fastolf, justice of the peace, he swore he had not done so.—Proofs that he was not disinterested.

Exceptions to Rob. Popy: He was a tenant of Paston’s, &c. &c.

Davysays John Rus was at Yarmouth on the Saturday in question, as he usually was on Saturdays, to buy victuals for Fastolf’s house, &c. (Proof declared insufficient in the margin). Sir J. Fastolf was so ill, that, as Davy had heard he was unable to speak from 22d Oct. ‘Quæ quidem infirmitas vocabatur judicio medicorum,sincope, quæ ipsum vexabat singulis horis et ipsum deduxit ad extasim de scientia istius jurati, qui continue conversabatur cum eo usque ad ipsius mortem.’

2. Thos. Upton, one of the clerks of the King’s kitchen,literatus, ‘liberæ conditionis,’ forty years old and over; 2d. witness.

Mentions that W. Worceter gave Jo. Rus a casket to keep containing certain documents, which Rus delivered to Howys after Fastolf’s death. Was clerk of the kitchen to Fastolf when Rus used to go on Saturday to Yarmouth, &c.

9 May. Jo. Bokkyng produced by Jo. Naseby, proctor of Yelverton and Worceter, before Master Tho. Wynterton, LL.D., auditor of Thomas Archbishop of Canterbury, at his house in the parish of St. Martin, in presence of Robert Kent, proctor of John Paston.—Examination committed to John Druell, LL.D. who on the 12th May examines him secretly in the house of the treasurer of St. Paul’s.

‘Dicit quod Johannes Tovy quædam munimenta et evidencias103.1in certis bagis et pixidibus contenta quæ Willelmus Worceter eidem Johanni Tovy liberavit custodienda.’ Rus was and is Howys’ tenant for the house he lives in. After Fastolf’s death Upton delivered to Clement Felmyngham a signet or gold ring, ‘ad signandum sigilla dicti domini Johannis Fastolf,’ in a little bag, which was to be returned ‘post signacionem hujusmodi,’ but afterwards he said he had lost it. Touchyng brother W. Bukyngham, it was publicly noised at Yarmouth that Robert Brown, a chaplain of that town, had killed one Seman Burton, that Bukyngham knowingly received him, and that by his advice he fled. To the last exception he says he believes Fastolf did not release Paston from the payment of the said 4000 marks, ‘quia iste juratus non intellixit in tota vita sua tantam liberalitatem in dicto domino Johanne Fastolf.’ Fastolf had such difficulty in breathing for five or six days before his death that he could hardly speak.

Interrogatories proposed on the part of Paston and Howys, and administered to witnesses.

‘In primis, interrogetur quilibet testis hujusmodi cujus sit conditionis et ansit famulus,104.1serviens aut tenens partis eum producentis, et cui parti magis favet partium prædictarum.’ Secondly, whether he be in the pay of any one. There are six interrogatories in all, and they are numbered.

Then follow answers of some one, whose name does not appear, to each of these six interrogatories; and other answers by—

1. Nich. Newman, Usher of the Chamber to Lady Catherine, Duchess of Norfolk.

2. John Loer, servant of the Abbot of Langley.

3. Will. Eton.

4. Rob. Lynne of Bucklande.

5. Barth. Elys of Yarmouth, ‘literatus liberæ conditionis,’ fifty years old and more (proves Rus’s absence, but his testimony is declared in the margin to be improbable, and not to agree with Davy’s).

6 July.Naseby produces Rob. Wylly on the part of Yelverton and Worcester. Examined on the 9th.—Says he was required by Paston and Howys to see Fastolf’s will, and ‘ad impediendum [impendendum] consilium suum:’—that on a Sunday in the summer after Fastolf’s death, John Paston showed him, at Fastolf’s house in Southwark, Sir John’s will written on paper, in presence of Clement Felmyngham and John Bracley, and asked his opinion if it was valid. Thought it insufficient to overthrow any previous will. A clause mentioning Tudenham and Heydon as executors was cancelled by this deponent’s advice, ‘eo quod erat contra caritatem.’

13 July at Bow Church.Naseby produces John Marshall and John Davy, whose examinations follow.

19 Oct. 1464.Druell examines Hen. Wenstall at the treasurer’s house of St. Paul’s.

15 Nov. 1464.Druell examines Rob. Hert.

1 Dec.Naseby produces Rob. Fyztrauf, whose production Kent opposes; who tries to prove Rus’s absence (insufficiently, as remarked in the margin), because he was constantly with Fastolf, except half an hour that morning, and held the basin while Henry Barbour lathered the beard (lavit barbam) of the said Sir John Fastolf.

‘Responsiones personaliter factæ per dominum Thomam Howys unum executorum domini Joh’is Fastolf, ultimo die mensis Aprilis Aº Dni1464,’ &c., ‘coram Ven. viro Mag’ro Thoma Wynterbourne, LL.D.,’ &c., ‘in camera ejusdem infra manerium Revmipatris apud Lamehith, Winton dioc’ situat’, in præsenncia mei Nicholai Parker,’ &c.

Howys says he did not see Coteler or Rus in Fastolf’s chamber that Saturday before he went to dinner. On Saturday and Sunday before his death Fastolf spoke so low he could hardly be heard by any one, and Howys heard him only by putting his ear close to his mouth. Fastolf’s mind was clear.

101.4[FromMS.Phillipps, 9309.] These depositions, of which we shall only attempt to give some of the principal points, were produced in the Spiritual Court by Sir William Yelverton and William Worcester in opposition to the claim of John Paston and Thomas Howes to be Sir John Fastolf’s executors. The examinations were taken at intervals during the years 1464, 1465, and 1466, and the suit was not terminated when John Paston died. TheMS.volume here referred to contains three distinct bundles of these depositions bound up in a wrong order. A volume containing similar matter among the PastonMSS.in the British Museum will be found entered in the year 1465.103.1There is no verb in theMS.to governmunimenta et evidencias.104.1The text is continued here at another part of the volume, the leaves being misplaced.

103.1There is no verb in theMS.to governmunimenta et evidencias.

104.1The text is continued here at another part of the volume, the leaves being misplaced.

1464MAY 12

Power of attorney by Roger Fidyon, clerk, and William Bondys to Richard Lynstede, John Holme, and John Brikkes, to enter and take possession of the manor of Hornynghall, in Castre, by Yarmouth, with appurtenances in Castre, Maudeby, Ormesby, Filby, and Scroudeby, or elsewhere in the hundred of East Flegge, Norfolk, which the said Roger and William have of the gift of Edmund Clere; and thereafter to deliver seisin therein to Agnes Paston, William Paston, Elizabeth, Countess of Oxford, John Veer, Earl of Oxford, John Scroop, Knight, Lord Scroop, Sir William Yelverton, Elizabeth Cleere; William Jennay, John Grenefeld, John Catesby, Serjeants-at-Law; John Hastynges, John Clopton, John Calthorp, Hugh Fen, Thomas Cornewaleys, Thomas Howes, clerk, Roger Marchall of London, Henry Spilman, William Lomnour, Bartholomew Whyte, William Whyte, John Applyerd, James Arblaster, William Wurcetyr, and Richard Maryot, according to a charter granted to them by the said Roger and William.Castre, 12th May, 4 EdwardIV.

Castre, 12th May, 4 EdwardIV.

105.1[FromMS.in the Bodleian Library.]

To myn ryght worshypful hosbond, John Paston, be thys delyveryd in haste.

1464JUNE 8

Ryghtworshypful hosbond, rekomaund me on to you. Pleasyth you to wete that I sent yisterday Loveday to Norwyche to speke wyth the Vykyr of Derham105.3for the mater betwen Master Constantyn and hym; and he seyth that as for that mater, Master Constantyn sewyd hym forfeyth and trowth brekyng, and he sewed Master Constantyn in the Temporall Curte uppon an obligacion of xli.; and ther was made appoyntment be twen hem by the advyce of bothe ther Conceylis, be for Master Robert Popy, that eche of hem shuld relece othyr, and so they dede, and the sewtys wer wythdrawyn on bothe partyes, and iche of hem aquytauncyd othyr; and as for any copy of the plee, he had never non, ner he ner Master John Estegate, that was hys atornay, remembryth nat that it was regestryd; and Master John Estegate seythe, if it schuld be scergyd in the regester it wold take a fortenyght werk, and yit peraventur never be the nerer.

Syr Thomas Howes hathe ben ryght besy thys weke at Blofeld, in wrytyng and lokyng uppe of ger, and John Russe hathe ben with hym ther the moste parte of alle thys weke, and thys day was Robert Lynne ther with hym; what they have do I wote nat, but I schal wete if I may.

It was told me that Syr Thomas desyryd of John Russe to make hym a new inventory of Syr John Fastolffs goods. John Russe myght not be spoke with yit, for the letter that he shuld a wretyn, whych ye sente me word of.

Item, it is tolde that the Dwke of Suffolk106.1is kome home, and owthyr he is ded, or ellys ryght seke, and not lyke to eskape; and Syr John Howard is kome hom; and it is seyd that the Lord Skalys106.2and he have a comyssyon to enquer whye they of this contre that were sent for kame not hastylar uppe afftyr they wer sent for. It is reportyd that the Kyng is gretly dyspleasyd ther with. At the reverence of God, arme yowr selve as myghtyly as ye kan ageyn yowr enmyes, for I know verrayly that they wyl do ageyn yow as myghtyly as they kan with all ther power.

It is told me that Syr Thomas shal kom uppe in haste, and othyr, suche as he kan make for hys partye.

Also for Goddys sake be war what medesyns ye take of any fysissyans of London; I schal never trust to hem be cause of your fadr and myn onkyl, whoys sowlys God assoyle.

The blissyd Trynyte have yow in Hys kepyng, and sendeyow helthe and good spede in all yowr materis. Wretyn in haste, on the Fryday next befor Sceynt Bernabye.By yowrs,M. P.

Alle the jentylmen of thys contre that went uppe to the Kyng ar contrmaundyd, and ar com hom ageyn. It is told me that Rowse of Suffolk107.1is ded. If John Gayn myght have any releese of his sone, if it myght do hym ese, it wer a good torne for hym.

105.2[From Fenn, iv. 176.] The commission to Lord Scales and Sir John Howard mentioned in this letter seems to have reference to a proclamation dated the 11th May 1464, by which all men between the ages of sixty and sixteen were ordered to attend the King. The date is confirmed by the reference in the postscript to the death of ‘Rous of Suffolk,’ for Reginald Rous of Denington died in 1464. (SeeWeever’sFuneral Monuments, p. 782.)105.3Constantine Dalby was instituted to the Vicarage of East Dereham in 1451, and was succeeded in 1458 by Robert Sheringham.106.1John de la Pole, Duke of Suffolk.106.2Anthony Widville was created Lord Scales in 1461.—F.107.1Reginald Rous, Esq. of Denington, in Suffolk, died in 1464. He was the ancestor of the present Earl of Stradbroke.

105.3Constantine Dalby was instituted to the Vicarage of East Dereham in 1451, and was succeeded in 1458 by Robert Sheringham.

106.1John de la Pole, Duke of Suffolk.

106.2Anthony Widville was created Lord Scales in 1461.—F.

107.1Reginald Rous, Esq. of Denington, in Suffolk, died in 1464. He was the ancestor of the present Earl of Stradbroke.

To my ryght wurschipfull my mastre, John Paston, be this delyverd in haste.

1464JUNE 28

Plesithit youre goode maisterchippe to witte that I have be with my Mastre Calthorppe for the matre ye wrote to hym fore, wherin I have founde hym ryght weele disposed and favorabley; nevertheles he tolde me that William Jenney hath bene hes goode frende and have ben of hes councell this ij. yere in all hes matres towchyng the lawe, but he seide lever he hadde lose the lesser frende than the greete frende, and so he hathe graunted favour accordyng to youre desire, and wrote a lettre to the undrescheryff of Norfolk that he schuld take suerte sufficient to save hym harmeles, and that done to write a letter to the undrescheryff of Suffolk and lete hym witte that he hath taken suerte that ye schall appere in thecrastino Animarumupon the exigents returnable, or ellesto bryng asuper sedias108.1lauful before that daye, chargyng hym that he do sece [cause to cease] the callyng of the writts, and to retorne that ye appered the furst day. Weche suerte is taken, and a letter wreten to the undrescheryff of Suffolk acordynge herto.

Item, as for Sir Thomas Howes, he lythe most at Norwiche. I can thynke he come not up to London tyll Michelmes.

Item, I rode over to Techewelle whan that I whas at Mastre Calthorppes for to have money of the fermours, and Yelverton and Sir Thomas hathe sent to hem that they schol pay to you no more money, for that they had payed to you they schulde payed [pay it] ayene to them; and so I gane [can] gete no money of hem. Wherfore I went for to distreyne hem; and so they seide that I myght not distreyne hem, for I come before the daye, for her [their] day is at Midsomer. Nevertheles I wold not lette, for that Simond Miller and other promysed to Mr. William Cotyng and to me that I schuld have the money aftre Midsomer, so that I brought with me a quetaunce of suche money as ye have receyved of hem, or elles a generall quetaunce; and the tone I purposed to do in haste be the advice of the seide Mastre W. Cotynge. For, and I torned, I can thynke it schuld hurte. I am purposed to lete it in youre name to other folks or to them ayen, and suerte founde to you, &c. And Almyghty God preserve and kepe you. Wreten at Norwiche on Sen Petres Even.Your pore servaunt and bedman,Ric. Calle.

107.2[From PastonMSS., B.M.] This letter refers to the suit brought by Jenney against Paston in 1464, in which, as will be seen hereafter, Paston failed to appear at four successive county courts held at Ipswich, and was at last outlawed in Michaelmas term.SeeNo. 572.108.1Super sedias.So spelt inMS.

108.1Super sedias.So spelt inMS.

To the Kyng, our Liege Lord.

1464

Besechythlowly your humble servaunt, John Paston the older, squier, that it please youre good grace, for such a fyne as your highnes hath apoynted your seid besecher to content yow, wherof ye be put in suerte, to graunt on to your seid besecher your gratious lettirs patentes of licence to found, stabilissh, and endewe in the gret mancion of Caster in Flegge in Norffolk, that late was John Fastolffs, knyght, cosyn to your seid besecher, a college of vij. prestes, wherof one to be master, and of vij. porefolk, to pray for your noble astate and for the soule of the seid John Fastolff and such other as he was behold to inperpetuite, aftir ordinauns by your seid besecher in that behalff to be made; and to inmortese, geve and graunt to the seid prestes and to ther successours, for the sustentacion of hem and of the seid porefolk CXX. mark of annuite and rent charge, or annuites and rentes charge, yerly goyng out of the maners callid Redhams, Vaux, and Bosomes, in Caster forseid, Begviles in Wynterton, Reppis in Bastewyk, Spencers in Heryngby, Loundhall in Saxthorp, Heylesdon, Drayton, Heynesford, Guton in Brandeston, Beyton, Techewell, and of the thrid part of the maner of Runham with th’apportenauns in the shire of Norffolk, and of the maners of Hemnales in Cotton, Burneviles in Nakton, Akthorp in Leystoft, Calcotes, Havelound, Spitlyngges, with th’apportenauns in the shire of Suffolk, and out of any part ofthe seid maners, with a clause of distresse for defaut of payment of the seid rente, and vj. acres of lond in the seid towne of Caster, and the avowsons of the chirches of the same town, and the fourth part of the seid mancion, or any part therof for the habitacion of the seid prestes and porefolk, to be reparid at the costs of your seid besecher, and his heires or assignes for evir. And also by your seid lettirs patentes to graunt the same prestes to be one body incorperate and to have succession perpetuall, and a comon seall, and to be persones abill to plede and to be impletid, and to purchase and alienyn all maner londes, goodes and catell, by the name of the master and his brethyrn of the college of Sen John Baptist of Castre aforeseid. And also by your seid lettirs patentes to licence the seid prestes to take and reseyve, and to hold to them and to ther successours the seid annuite, rent charge, vj. acres of lond, avousons, and the seid ———110.1part of the seid mancion, for evir. And to geve your Chaunceler of Inglond for the tyme beyng, comaundement, power, and auctorite that where as in this petision is not comprehendid the certeynte of termes, maters, clauses, and other circumstaunces convenient and requisite after forme of lawe for licens of the seid fundacion, that your seid Chaunceler, that notwithstandyng, do make your seid lettirs patentes in forme of lawe effectuall and sufficient in that behalf after the very entent aforeseid, not excedyng the valew and somme before specifyd, without any fyne or fee other thanne is afore specifyd to be payd for the seid lettirs patentes, licens, or grauntes, by your seid besecher or by the seid prestes; and thei shall pray hertly to God for yow.

Endorsed in a later hand:—Supplicatio Jo. Paston [pro] fundacione Collegii apud Caistor [secundum] formam testamenti Jo. Fastolf, mil.

109.1[FromMSS.in the Bodleian Library.] This, and the alternative petition which follows, seem to have been drawn up in the year 1464, as one or other of them must have been the subject of the agreement of the 10th September in that year (No. 571). The two are printed from two parchmentMSS.in the Bodleian Library. There is also, among the PastonMSS.in the British Museum, a third copy, fair written on parchment like the other two, of which the text corresponds in the beginning to the second petition, and in the latter part to the first.110.1A blank on an erasure.

110.1A blank on an erasure.

To the Kyng, our Sovereyn Lord.

1464

Please it yowr highnes to graunte unto yowr humble servant John Paston the older, Squier, yowr gracious lettres patents of licence to fownde, stabelysh, and endewe in the gret mancion of Castre be Mekyll Yermowth in Norffolk, that late was John Fastolffs, knyght, cosyn to yowr seyd besecher, a colage of vij. prystes wheroff on to be master, and vij. pourmen, to praye for your noble astate, and for the sowle of the said Fastolff and suche othir as he was be holde to inperpetuite, and to inmortese and gyve to the seyd prystes, and to ther successours for the sustentacion of hem, and of the seyd pourmen C. marke of annunite and rent charge, yerly goyng owt of all maneres, londes, and tenementz that were the seyd Fastolffs within the Shyres of Norffolk and Suffolk, and vj. acres of londe in the sayd town of Castre, and the iiij. parte of the sayd mancion for the habitacion of the sayd prystes and pourmen, to be repared at the costes of your seyd besecher and hys heyres and assignes for ever, as suerly and lawfully as your seyd besecher can devise. And also be your letters patentz to graunt the same prystes to be one bodie incorperate, and to have succession perpetuall, and a comon seall, and to be persones abyll to plede and be impletid, and to purchase and alienyn all maner londs, tenements, godes, and catell, be the name of the master and hys brethyrn of the collage of Saynt John Baptiste of Castre aforsayd. And also be your letters patentz to licence the sayd prystes to take and receyve, and to holde to theym and to ther successours the sayd annaunite, rente charge, vj. acres of lond, avowsons, and the seyd iiij. parte of the said mancion for ever, with owte eny ffyne or fe to be payde for the sayd lettres patentz, licens or grauntes be your sayd besecher, or be the said pristes. And thei shall pray hertly to God for you.

Endorsed in a later hand:—Peticio Joh’is Paston Arm’ ad Regem pro collegio in Caister.

1464(?)

MaisterRothewell, please you to remembre, as for the mater that John Paston and Sir Thomas Howys comownyd with you of, in whiche they desyred specialy the good lordship, support and helpe of my Lordis of Wynchestre and Beauchamp for acomplishement of the willof here testatour112.1and in esshewynge of costis. And where as ye meovyd to knowe the materys that were contraryed be otherys, we undirstonde and have knowlege of late tyme it112.2stondeth in these materys folwyng.

Fyrst, the seyd Testatour be hise testament namyd the seyd Lordys and the seyd John Paston and Thomas Howys and othyr executorys, and wolde as for the admynistracion, kepyng and execucion of his goodis shuld be takyn and doo be the seyd Paston and Howys duryng here lyves, if they will take admynistracion; and if ony of hem too desese or refuce the admynistracion, the tothyr to chese to hym on of the remnaunt of the executorys to execute, &c. And if bothe deye, noon chosyn, thanne tweyne to be chosyn be the executorys levyng, or the more part of hem, to admynistre in lyk wise. And they too that do occupye to have recourse to my seyd lordis and the othyr executorys in takyng here good avyse chargeable and requysit materys. And this is oon matere that othyr namyd in the Testament gruche with. Notwithstandyng, as for ony avauntage that we cleyme to have by it, we wyll be agreable to ony mean resonable that oure seyd lordis wyll ordeyne to the good disposecion of the goodys accordyng to oure testatorys intent, or to ony meane that may concyensly or lawefully be meovyd.

Item, as for hise wyll touchyng hese goodis on mevable, as hese londis and tenamentis, the seyd testatour hathe at all tymes this xx. yeer, in all wyllis that he hathe made, ordeynid that a gret part of hyse seyd londis shuld goo to the fundacion of a collage at Castre of vij. monkys or pristis and vij. pore folke; and he by hyse last wyll ordeynid that the seyd John Paston shuld have all the londis and tenementis in Norffolke, Suffolke and Norwyche; and that the seyd Paston shuld at hese cost inmorteyse and indewe the seyd Collage and paye iiijmlmark to be dysposed for the testatouris soule, as is declaryd in the seyd wyll more pleynerly. And as for the remnaunt of the lyflode to be sold, and the mony thereof comynge to be disposed be thoo personys that he hathe ordeynid to have the execucion of hise wyll and testament.

And as for thys matere of the Collage, there shall, be the mene hereof, more mony growe to the handis of the mynistrorys, what soo ever they bee, and also lesse labour thanne shuld have doo and thys hadde not bee, in cas the seyd mynistroris wolde intende to parforme ony will that the seyd Testatour made thys xx. yeer. And also it shalbe well provyd that the seyd Testatour was dysposed to have doo more largely to the seyd Paston thanne is conteynid in the seyd wyll if he hadde levyd the tyme to have expressyd and parformyd hise wyll and entent.

Wherfor, plese my seyd lordis to take suche a direccion that the may undirstonde the trouthe of these materys, and to shewe here good lordshepys and favour accordyng to the trouthe in parformyng of the Testatourys wyll, and in sesynge of voyd costis of hese goodis. And that they will geve noo credence to suche as wyll upon here owyn imagynacionys for maleyse or invye intendyng to contrarye the dedys wyll or mys spende hese goodis . . .

Endorsed by another hand:—A letter to Rothwell or Worcester or of Watkyn Schyddam.

Endorsed by another hand:—

A letter to Rothwell or Worcester or of Watkyn Schyddam.

111.1[Add.MS.33,597, f. 6.] This letter would seem to be of about the same date asNo. 569.112.1Sir John Fastolf.112.2it.MS.reads ‘in.’

111.1[Add.MS.33,597, f. 6.] This letter would seem to be of about the same date asNo. 569.

112.1Sir John Fastolf.

112.2it.MS.reads ‘in.’

Apunctuament’ Regis pro fundacione Collegij apud Caistre, &c.

1464SEPT. 10

TheKyng, for the soume of CCC. mark of lawfull mony of Inglond, or of silver plate to the valew therof, grauntith to John Paston the older, Squier, to have licens, lawfully mad, to make and found a College of vij. prests and vij. pore folk at Caster, in Flegge in Norffolk, for the soule of Sir John Falstolf, Knyght; thei to be indued with certeyn rent, and otherwise aftir the intent and effect as is specifijd in a bille therof, signed by the Kyng; and that heshall showe his good grase, favour, and assistance to have the said fundacon inacted and auctorised in the parlement next holden, and discharge the seid John Paston and the seid prests of any other fyne or fee to be mad in the Chauncerie for the seid fundacion; and that the Kyng shall signe and graunt warants for seid licens, and shewe his good grace and favour in the expedision therof, what tyme he be sued to therfore by the seid John Paston.

Also, the Kyng grauntith to be good and favorabill Lord to the seid John Paston, and inespeciall in all thyngs touchyng the execucion of the will of the seid Sir John Fastolf, and also to be good and favorabill Lord to the seid John Paston, in supportyng and helpyng hym, in that the Kyngs Highnesse may lawfulle do, in such maters as are in debate athwyx the seid John Paston and William Yelverton, or William Jenney, or any other, concernyng the londs and tenements, goods or cattell, that were the seid Sir John Fastolfs. Also the Kyng grauntith to help and support the seid John Paston to opteyne and have to the use of the seid Sir John Fastolf such goods as were the seid Fastolfs deseitfully aloyned out of the possession and knowlech of the seid John Paston; and that the Kyng shall graunt the seid John Paston such lawfull writynggs and lettirs from the Kyng, directed to such persones as shall be behovefull for the same, what tyme the seid John Paston suyth to the Kyngs Highnesse therfore.

Also where Yelverton, or Jenney, or any Justise of the Peas of the Shire of Suffolk hath recorded any riot, trespas, or offenses to be do ayens the Kyngs peas, by the seid John Paston, his servaunts, or tenaunts, or frends; or where any inditement or presentment is found ayens them, or any of them, before any of the seid Justises, for any such riot, offenses, trespas, or for any other mater remaynyng of record in the Kyngs Benche, or in any other plase, the Kyng grauntith to the seid John Paston, and all other persones named in the seid records or inditements, or in any of hem, and to alle her boroughs [sureties] and plegges, and to ich of hem that woll sue it, a pardon of all riotes, trespas, offenses, felonys, forfetures doon ayens the Kyngs peas, and of fynes thereforedempt [adjudged], or to be dempt, and of all other thyngs generally, treason except, and that the Kyng shall signe warants lawfull of the seid pardons, what tyme his Highnesse be requerid by the seid John Paston or his attornys.

And also that his Highnesse shall do inquere and examinacion be mad whedir the seid record of the seid Justises and presentments, and other informacions or compleynts mad ayens the seid John Paston, were do trewly and lawfully or nought; and if it be found that thei were do otherwise thanne trought, lawe, or consiens woll, thanne the Kyng grauntyth to cause the doers therof to recompense the seid John Paston and the seid other persones, as far as lawe and good consiens woll in that behalf.

And that if it fortune any compleynt to be mad ayens the seid John Paston, by any persone in tyme comyng, to the Kyng, that he shall take no displeasir to the seid John Paston till the tyme he come to his answer, and be found in defaut.

And that the Kyng shall receyve an Cli.of the seid CCC. mark, what tyme he send for it, and the remnaunt as sone as the seid fundacion take effect; and also that his Highnesse shall gete the assent of the reverent fader in God, the Archebisshop of Caunterbury, in such apoyntments as is mad athwyx the Kyng and the seid John Paston, of such goods as were the seid Sir John Fastolfs, for the delivere therof; and that if the seid John Paston refuse the administracion of the goods and catell that were the seid Sir John Fastolfs, sufferyng other to take it opon hem, the Kyng, at the instauns of the seid John Paston, grauntith to be good and favorabill Lord to such other as the coors of the lawe, and assent of the seid John Paston, shall take the seid administracion in execucion of the seid Fastolfs will, touchyng the administracion of the goods and catell forseid, acordyng to the same wyll; and that the Kyng shall not cleyme nor desire any of the londs or tenements, goods or catell, that were the seid Sir John Fastolf, ayens the seid John Paston, or any other executor, administror, or feffe of the seid Sir John Fastolf, nor support or favour any other persone in cleymyng any of the seid londs or tenements, goods or catell, ayens any the seid administers, executores, or feffes.

And the Kyng grauntith that where as this bille is not sufficiently mad in clauses and termes according to th’entent therof, that his Highnesse woll take and execute the very entent therof, notwithstandyng the insufficiens of any such termes and clauses in thes bille. Wretyn at Marleburgh, the Monday next after the Nativite of oure Lady, the fourthe yere of the reigne of the Kyng.

113.1[From Fenn, iv. 182.]

Outlawry of John Paston.

1464NOV. 20

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