II. John Dawson, husbandman (agricultor), of Blowfeld, where he has been for four years, having formerly lived five years in the manor of Caister, and before that in Cambridge three years,literatus, liberæ conditionis, about thirty years old.His testimony generally agrees with that of Monke, and he says the covenant of Akethorpe was made in the February before Fastolf’s death. Between Christmas and Easter after his death deponent heard Howes in the manor of Caister say to Robert Cutteler the vicar that he should have 6 marks for his labour in giving evidence about Fastolf’s will; and afterwards Howes in his chamber in the said manor paid him 6 marks. Paston also promised him a benefice worth 40 marks. He says, about a month before Fastolf’s death, he heard Howes and Paston frequently repeat publicly in the household the tenor of Sir John Fastolf’s will. About St. John Baptist’s day last he was at Yarmouth, and heard John Symmys and John Shawe say they were hired by Paston and Howes to give evidence in the proving of Fastolf’s will.III. John Gyrdynge of Fretenham, where he has lived four years; before which time he lived with the Prior of St. Faith’s two years, before that in the manor ofCasterfour years, before that with John Emeryngale of Wroxham two years, and before that in Norwich as an apprentice with Henry Toke five years; a cook, illiterate and of free condition, thirty-two years old and over.241.1Agrees with the evidence of corruption against Rus and others. Was present in Fastolf’s room that Saturday forenoon, and saw the two chaplains celebrating mass. H. Wynstall the barber was present till tenA.M.IV. William Boswell of Thetford, who was four years with Friar Bracley, &c.,literatus, of free condition, thirty years old and more. Heard Howys, Paston, and Rus frequently confer at Caister about the sale of a house in Yarmouth,which Howys, at the request of Paston, at length granted to Rus at £20 less than its value, to the end that Rus might bear witness in their favour and in the proving of Fastolf’s will. [Here occurs a marginal note by another hand, ‘Male sonat. Quod alius consensit non probatur.’ At the head of this deposition also it is said that this witness has been proved corrupt.]V. Robert Inglys of Lodon, gentleman, who has lived there two years, and before that in the parish of Hopton three years, before that with Henry None, Esq., for more than a year, before that with Sir John Fastolf two years, before that with the Abbot of Langley two years, and before that in Hopton with his father; illiterate, and of free condition, thirty years old and more.VI. Richard Horne of Brundall, Norwich diocese, husbandman (agricultor), who has lived there four years, and before that with Thomas Howys six years, and before that in the parish of St. George, Southwark, three years; illiterate, of free condition, twenty-six years old.VII. Thomas Pykeryng of Wroxham, Norwich diocese, who has been a schoolmaster at Norwich and Aylesham, and is now clerk to Robert Norwich, steward of the Abbot of St. Benet’s, Hulme.VIII. Henry Clerke of Blowfeld, husbandman (agricultor), once in the service of Sir John Fastolf, illiterate, twenty-eight years old, of free condition. Says that on the Saturday before Fastolf’s death Howys sent him and John Shawe to Yarmouth about sevenA.M., with a cart-load of malt to one named Chirche; that they arrived about eight, and were spoken to by John Rus and Robert Cutteler in the market-place; that they waited with their cart till twoP.M., when deponent took leave of Russ and Cutteler in the street, having repeatedly seen them there in the interval. Also that at eight and nineA.M.he saw Robert Hert in Yarmouth, who soon after his arrival delivered him a sack containing meat, bought, as he said, by Rus for Fastolf’s household. He says also that between eight and nine he spoke with the said John Symmys, William Pykeryng, and John Osbern in Yarmouth.Marginal notes are appended to the above statements, affirming that bribery had been proved against this witness by four others, and that he stood alone in his testimony.IX. John Tovy of Caister, where he has lived ever since he was born,agricultor, literatus, of free condition, twenty-four years old and more; cannot depose of his own knowledge to the bribery of John Rus and the others. He says John Rus was not present in the manor on the said Saturday, having to be at Yarmouth to provide victuals for the household. About eightA.M.witness conveyed to the said manor some linen, which his mother had washed, for she was Sir John’s washerwoman, and waited there, sometimes in the hall and sometimes in Sir John’s chamber, till after midday, but did not see John Rus or any of the others named, as he would have done if they had been present.X. Thomas Hert of Caister,agricultor, who has lived there from his birth, illiterate, of free condition, twenty-three years old. Cannot depose to bribery except from hearsay. Was sent to Caister by his father on the Saturday before Fastolf’s death with capons to be sold to John Rus, purveyor of victuals for the household, but on inquiring for him, found he was absent, and delivered thecapons to Sir Thomas Howes. Waited till nineA.M.and saw neither Rus, Cutteler, Boteler, nor Robert Hert, but was told Rus was at Yarmouth, and Boteler sick in his chamber. John Symmys had nothing to do with the shoeing of Sir John’s horses that day. Was asked to bear witness in this cause a fortnight ago by Sir William Yelverton’s servant at Caister.XI. William Shave, roper of Yarmouth, illiterate, of free condition, fifty-eight years old. On the Saturday before Fastolf’s death, was at the house of John Balle, at the sign of the Cock, in Yarmouth, in a parlour near the public street, when Sir Thomas Howes informed John Rus, there present, that he had been desired by John Paston to remit to him £20 of the price of a house sold to Rus by the said Thomas, and thereupon he remitted to him the said £20 and 5 marks, in which he was bound to Sir John Fastolf. He also promised him the lands of Akethorp Hall for 40 marks less than any other, provided he would favour the intention of Howes and Paston. [It is remarked in the margin that witness does not say what intention.] William Lynde, a servant of Sir John Fastolf, was present, besides others. He saw Russ and Cutteler that Saturday at Yarmouth, between nine and twelveA.M., and spoke with them and drank in the house of Thomas Lounde. As to Thomas Torald, witness was at Yarmouth one Saturday, when he heard Robert Cutteler and Torald conversing; and the former told the latter that Sir Thomas Howes loved him well, and that John Paston could do him much good, and in the name of Paston and Howes he promised Torald 20s.for his labour, besides expenses, if he would depose for them. Knows that on the Saturday before Fastolf’s death Bartholomew Elys was in Yarmouth from half-past eight to elevenA.M., for he and witness bought fish called roches together, sold some, and divided others in Elys’s house. That day he saw John Rus in Yarmouth several times every hour from seven to elevenA.M., for he was in the market-place all that time on his business, and at vespers he saw John Rus in the parish church of the said town. Next day, Sunday, he also saw him there at matins and at mass.XII. Nicholas Chirche of Yarmouth, merchant,literatus, of free condition, forty years old and more. Testifies concerning a conversation held in John Balle’s parlour at the Cock in Yarmouth after the Christmas following Fastolf’s death, with Sir Thomas Howes, John Paston, John Rus, Friar Clement Felmyngham, Dan Robert Cutteler, Robert Boteler, Thomas Neve, and others, when Howes remitted to John Rus £20 of the price of a house he had sold him, and 5 marks of the arrears of his accounts. He also testifies to other acts of the same nature on that occasion, and to the absence of Rus and Cutteler at Yarmouth on the Saturday above referred to, &c.[In the margin it is remarked that this witness has been proved corrupt by three others.]On the 22d May John Naseby, proctor for Yelverton and Howes, produced as a witness one John Rugge, in presence of Master Robert Kent, Paston’s proctor.XIII. Thomas Newton of Burgh,agricultor, illiterate, of free condition, fifty years old and more.XIV. Thomas Spycer of Southtown, by Yarmouth, tailor, illiterate, of free condition, fifty years old and more.XV. Thomas Neve of Jernemuth [Yarmouth], merchant,literatus, of free condition, forty years old and more.XVI. John Rugge, mariner, of Yarmouth, illiterate, of free condition, fifty years old.XVII. John Clerke of Gorlaston,agricultor, illiterate, of free condition, fifty years old. Heard Clement Felmyngham report to him at the Austin Friars in Southtown that Paston and Howes had given him a pension of 8 marks a year for life, and 40s.for his servant, to say masses for the soul of Sir John Fastolf. Cannot witness of bribery otherwise. A little after Michaelmas, two years before Fastolf’s death, William Worceter in Fastolf’s name delivered possession of six of his manors in Lodylond, viz. Spytlyng in Gorlaston, Bradwell Hall in Bradwell, Hadlounde in Bradwell, Calcotes in Freton, Beytons in Belton, and Akethorpe in Leystoft, to Sir Thomas Howes and others, his co-feoffees named in a charter of enfeoffment, to the use of Sir John during his life, and to execute his will afterwards. This he knows, because he rode with Howes to the said manors when he took possession, and saw and heard Worceter deliver possession thereof. Thomas Torald reported to witness in Lent last that Paston and Howes had promised and paid him 20s., besides his expenses, to give evidence in the proving of Fastolf’s will, and had given each of his fellow-witnesses as much.XVIII. Robert Bunche of Yarmouth, mariner,literatus, of free condition, fifty years old. Swears to having seen John Rus that Saturday at Yarmouth between seven and eight. [A marginal note says that being afterwards produced as a witness by Paston, he admitted having been suborned, and having deposed falsely.]On the 22d July Yelverton’s proctor, Naseby, produced in presence of Paston’s proctor, Kent, two witnesses, viz.—Stephen Scrope, Esq., and Richard Fastolf.XIX. Stephen Scrope, Esq., of free condition, seventy years old or about. Says he was several times with Sir John Fastolf in his manor of Caister within the two years before his death, when Sir John told him he had made his will, and had ordered his executors to erect a college of six or seven monks and seven poor men at Caister, and that they should have lands and goods to the value of 300 marks a year, if a license could be obtained from the King to that effect; otherwise that the number of monks at St. Benet’s should be increased, and seven poor men supported in the monastery. [In the margin it is remarked that this witness proves nothing against the accused witnesses, but only endeavours to depose concerning the will of the deceased.]XX. Richard Fastolfe, of the parish of St. Mary Eldermary, in London, tailor, where he has lived for two years, and before that in the parish of St. Michael, Crokydlane, London, for a quarter of a year, formerly with the Duke of York,literatus, of free condition, thirty-two years old. Went to Caister about the Feast of the Exaltation of the Holy Cross preceding Fastolf’s death, along with one Thomas Plummer,scriptor, of London, now deceased. Found Sir John walking about his chamber led by two servants, when Plummer petitioned him to help deponent with goods that he might marry, as he was one of Sir John’s relations. To this Sir John made answer that he had within afew [days] preceding made his will, which he would not alter, and that he had made mention of deponent therein. He also said to Plummer that if he had come in good time, he should have written his will.[Throughout all the above depositions will be found marginal comments in another hand, a few of which we have noticed incidentally, tending to show that the testimony given is insufficient to prove the bribery of Paston’s witnesses, or to invalidate their statements.]‘Responsiones personaliter factæ per Johannem Paston, armigerum, xxixº die mensis Julii anno Domini MºCCCClxvto, Indictione xiijma, pontificatus sanctissimi in Christo patris et domini nostri, domini Pauli Divina providencia Papæ Secundi anno primo, in domo habitationis venerabilis mulieris Elisabethæ Venor in le Flete vulgariter nuncupat’ infra parochiam Sanctæ Brigidæ Virginis in suburbeis civitatis London’ situata, [et] x., xj., et xijmodiebus mensis Decembris anno Domini supradicto, Indictione xiiijma, pontificatus dicti sanctissimi patris domini Pauli Papæ Secundi anno secundo, in domo thesaurarii ecclesiæ Cathedralis Sancti Pauli London’ in parochia Sancti Gregorii civitatis London’ situata, coram venerabili viro Magistro Johanne Druell, utriusque juris doctore, commissario et examinatore in hac parte specialiter deputato, in præsentia mei, Nicholai Parker, notarii publici, scribæ in ea parte assumpti et deputati, de et super interrogatoriis per partem venerabilis viri domini Willelmi Yelverton militis et Willelmi Worceter, executorum testamenti domini Johannis Fastolf militis ministratis, productum.’236.1[From PastonMSS., B.M.] The following examinations are contained in the same volume as the depositions of John Paston of which an abstract will be found inNo. 606. They begin at page 21, immediately after Paston’s depositions, a single blank page intervening.236.2By a singular mistake in the record, Sir William Yelverton is here spoken of as deceased instead of John Paston:— ‘per partem venerabilis viri domini Willelmi Yelverton militis defuncti contra testes Johannis Paston armigeri et domini Thomæ Howys.’ Yelverton certainly lived for some years after this, and was continued as judge by HenryVI.on his restoration (seeFoss), but John Paston died on the 26th May 1466.239.1South-Town, Yarmouth, sometimes called Little Yarmouth.240.1‘Quod dictis Johannes Paston apud Castre penultimo die Octobris ultimo præterito ad tres annos proxime elapsos sibi retulit.’ It would seem by this that Popy’s testimony must have been given within three years of Fastolf’s death.241.1The residences of every one of the witnesses are given from the time of his birth; but we have given these details only in one or two cases as specimens.before that in the manor of Caster four yearstext unchanged: Gairdner’s usual spelling is “Caisterâ€640NOTEExtract from ‘An Index to Deeds and Writings in the Tower, Magdalen College, Oxford’‘34. The testimony of Th. Howes concerning the testament of Sir John Fastolf, touching which controversies arose between John Paston the elder, and Thos. Howes of the one party, and William Yelverton, Knight, and William Worcetyr on the other.’641EDWARD IV. TO THE BAILIFFS OF YARMOUTH246.1By the Kinge (Edward the Fourth)246.21466JULY 17Trustyand welbeloved, we greet yow well, letting yow wete that our trusty and welbeloved knight Sir John Paston, our welbeloved William Paston, and Clement Paston, with other, have been before us and our councell worshipfully declared of the surmise of great charge that was laid on our behalfe unto John Paston deceased and them, jointly and severally; so that we hold them and every of them sufficiently declared in that matter, and take and repute them as gentlemen descended lineally of worshipfull blood sithen the Conquest hither; and over that, have commanded that plenare restitution of the manner of Castor, and of all other lands and tenements, with goods and cattell, that the said John Paston deceased had of the gift and purchase of Sir John Fastolfe, Knight, shall wholly be restored unto our said Knight Sir John Paston, like as the said John Paston deceased had in any time of his daies. Wherefore, in as much as our said Knight intendeth to make his abideing in Castor, we desire and pray yow that, for our sake and contemplation, ye will be friendly and neighbours unto him in his right; and such other things as may be to his profitt and ease, wherein ye shall do unto us full and good pleasure. Yeaven under our signet in our Castle at Windsore the xvijthday of July.Subjoined to the above in Sandford’s Genealogy is ‘the coppie of a warrant sentfrom Kinge Edward the Fourth to restore Sir John Paston to the lands and possessions which he purchased of Sir John Fastolfe, whereof the originall remaineth in the custody of Edw. Paston, Esq.’ It is addressed ‘To all tenaunts, fermors, or occupiers of all the lands and tenements, and of every part of them, that late were John Paston’s, Esq., now deceased, by way of inheritance, or Agnes Paston, Margaret Paston, William Paston, and Clement Paston, or any of them, and to all such persons what so they be, now being in the manner or place of Castor, or in any lifelode that was the said John Paston, Esq., by way of gifte or purchase of late Sir John Fastolfe, or of any other, within our counties of Norff., Suff., and Norwich, and to all the tenants, fermors, baylies, or occupiers of the same, and of every part thereof; and to all mayers, shreves, eschetors, bayliffs, and other our officers, as well within franchise as without our counties aforesaid, hereing or seeing these our letters.’ The King mentions in this warrant that ‘great part of the said lands, tenements, and manors had been seized into our hands’; and the tenants, farmers, bailiffs, and occupiers of the said lands are charged thenceforth to pay the whole issues and profits thereof to Sir John Paston; and the mayors, sheriffs, escheators, and others the King’s officers are charged to be ‘assisting, helping, and strengthening.’ The warrant is ‘Yeven under our signet at Windsore, the xxvjthday of July, the sixth yeare of our reigne.’246.1This letter is reprinted from theNorfolk Archæology, where it was first published by Mr. Worship from a transcript made by Sandford in hisMS.Genealogy of the Paston family, compiled in 1674. Sandford states that ‘the originall under the King’s seale remaineth in the custody of Edward Paston, Esq.’ The date is rendered certain by the warrant subjoined.246.2We have placed the words ‘Edward the Fourth’ in parentheses, though they are not so printed by Mr. Worship, and are probably not so written in Sandford’sMS., because we suspect that they were not in the text of the original document, but were added by Sandford by way of explanation.642ABSTRACT247.11466(?)JULY 20Latter clause of a writ ofsupersedeasto an escheator directing him not to make inquisitionpost mortemon the lands of John ——, until further notice.Westminster, 20 July.[From the time of year at which this writ is dated, it may have been issued after the death of John Paston, who died in May 1466, the inquisition on his lands not having been taken till October following. But it may possibly have applied to the lands of Sir John Fastolf, who died in November 1459, the inquisition after his death not having been taken till October 1460.]247.1[From PastonMSS., B.M.]643ANCESTRY OF THE PASTONSThe following document is derived from a transcript made by Sandford in the Genealogy mentioned inNo. 641, and some previous papers, and is likewise reprinted from Mr. Worship’s article. Prefixed to it in Sandford’sMS.are these words:— ‘The Briefe followinge was delivered to Edward Paston, Esq., amonge other evidence, by his uncle Clement Paston, and it is written in an old hand.’ It would appear, however, from the wording, not to be a ‘brief’ or abstract, as Sandford considered it,but an extract from some certificate made in the King’s name in behalf of Sir John Paston, setting forth what had been proved on examination as to the gentility of his ancestry.Theyshewed divers great evidences and court rolles, how that they and their ancetors had been possessed of a court and seniory in the town of Paston, and of many and sundry bondmen, sithen the time that no mind is to the contrary; and how that Agnes Paston, wife to the said William Paston, father to the said John, William, and Clement, in title of her dower, is in possession of bondholders, and also of bondmen, whose ancetors have been bondmen to the ancetors of the said John Paston sithen the time that no minde is to the contrary. And they shewed divers fines, some leavyed in the time of the begining of the reigne of our noble progenitor, Edward the First, son of Kinge Henry, son of King John, of liveloude whereof they and theire ancetors have been possessed ever since to this day.Also they shewed divers inquests which is matters of record. Also they shewed divers deeds and grants before time of mind, how that their ancetors had licence to have a chaplen and have divine service within them. And that divers of their ancetors had given lyvelyhood to houses of religion to be prayed for, and confirmacions under the Great Seale of our noble ancestor Kinge Henry the Third, son of Kinge John, confirming the same grants.Also they shewed divers old deeds, some without date, insealed under autenticke seales, of divers particular purchases in the town of Paston, reciting in the said deeds that the land was holden of the ancetors of the said.  . .  .  .Paston, as of the chiefe lord of the fee, and by homage, and had ward, marriage and reliefe. Also they shewed how their ancestors were infeoffed in divers men’s mannors and lands in trust. Also they shewed a great multitude of old deeds, without date and with date, wherein their ancetors were alwaies sett first in witness, and before all other gentlemen. Also they shewed how their ancetors had, in old time and of late time, married with worshipfull gentlemen; and proved, by deeds of marriage and by other deeds, how their ancetors had indowedtheir wives, and by discents of livelyhood, and by testaments and wills of their ancestors under seale; and made open by evident proofe, how they and their ancetors came lineally descended of right noble and worshipfull blood, and of great lords, sometime liveing in this our realme of Ingland. And also they made open proofe how they were nere of kin and blood to many of the worshipfullest of the country, and also nere to many and sundry great estates and lords of this realme, and was openly proved and affirmed, without contradiction or proofe to the contrary.They shewed how they had kept pl’ce with divers.  . .  .and with Plays that had wedded the Earle Warren’s daughter, the third yeare of Edward the First. They shewed a lineall discent, how their first ancetor, Wulstan, came out of France, and Sir William Glanvile together, his kinsman, that after founded the pryory of Bromholme by the towne of Paston and the towne of Bentley; and how Wulstan had issue Wulstan, which bare armes gould flowret azure; and how he had issue, Raffe and Robert; which Raffe, senior, bare armes as his father, and Robert the younger bare silver flowret azure. And Robert had issue Edmund and Walter; which Edmund the elder bare as his father; and his brother, because he married Glanvile’s daughter, a cheife indented gold, the field silver, flowret azure; and how their ancetors after bare with lesse number; and how Sir John Paston was heire to all those, for they died sans issue. And this was shewed by writinge of olde hand, and by old testaments and evidences.644WILL OF AGNES PASTON249.11466SEPT. 16Toall to whom this present writting xal come, I, Agnes Paston, late the wife of William Paston, Justice, send greting in God everlasting, lating hem know that I, the forseid Agnes, of goode and hole mende, the xvj. day ofSeptembre, the vj. yere of the reigne of Kyng E. the iiijthand the yere of our Lord a MlCCCClxvj., make and ordeyne my last will in al the maners, londes, tenementes, rentes, services, mesuages, and places, that ony person or persones bene seased of to myn use and behof with in Norwiche, Norffolk, Suffolk, Essex, Hertfordshere, or in any other shere with in Englond, praying and desiring al the personez so feffed to myn use, after this my will, writtyn and inceled under my seale, be shewed unto them, that they wol make astate to the persones lemited in my seid will according.And inasmoche as myn husbond, whos soule God assoile, dyverse tymes, and specialy among other the day of the moneth, rehersed to me that the lyvelod whiche he had assigned to his ij. yongest, William and Clement, by his will in writting, was so littill that they mizt not leve thereon, withouzt they shuld hold the plowe to the tayle; and ferthermore, seying that he had dyvers oder maners, that is to say, the maner of Sporle, Sweynsthorp, and Bekham; which maner of Bekham he was purposed to chaunge with the maner of Pagrave; and if he myzt bring it abouzt, then xuld on of his ij. yongest sones have the seid maners of Sporle and Bekham, and no more, and the other yongest sone xuld have al the remenaunt. And he that had the maner of Sweynsthorp xuld be bound in a gret some to the prior of the Abbey of Norwiche, to paie dayly for ever to the monke that for that day singeth the masse of the Holy Goste in our Lady Chapell in Norwiche, where he purposed to leye his body, every day iiijd., to sing and pray for his sowle and myn, and al the sowles that he and I have hade any goode of or be beholdyn to pray for. And after that the ——250.1day of ————250.1next folowing my seid husbond lying seke in his bed, in the presens of John Paston, his sone and myn, John Bakton, John Dame, and of me, declared his will towching certein of his children and me, at whiche tyme he assigned to the seid John Paston the maner of Gressham in honde, and the revercion of suche lyvelode as he zave me after my decesse, askyng hym the question wheder he held hym not content so, seying to him in these termes, ‘Sir, andthow do not I doo, for I will not geve so mekyll to on that the remenaunt xal have to littill to leve on. At the whiche251.1.  .’249.1[From PastonMSS., B.M.]250.1Blanks inMS.251.1Here the fragment ends at the bottom of a leaf written only on one side.645WILL OF AGNES PASTON251.2B.—And after that the —— day of the monethe my seyd husbond lyyng seke on hys bede sent for me, John Paston, Bakton, and John a Dame, to here hiis wyll rede; and in owr presens all he began to reede hiis wylle, and spak fyst of me, and assynyid to me the maners of Paston, Latymer, and Schypden and Ropers, in Crowmer, for terme of my lyffe, and the manerys of Merlyngforthe, Stonsted, and Horwelbury, whyche wasse myn owne enheritans, and Oxned, whyche wasse my jontor, and [prayd me to hold me contente so, for]251.3hadde do to lityll to ony it wasse to me, for somme he faryd the better, and so devedede (?) he ded for not of hem all, but he hadde more to care for, wyche myn as well as hys. And than he red John parte, and assynyd to hym and to hys wyffe the maner of Gressam, and after my desesse the maner of Oxned; and he, thynkyng by John Pastons demenyng that he wasse not plesyd because.  . .  .C.—Swynne of slowyth that hiis wyll wasse not made up, but wot swm ever cwm of me, Dame, I wyll ze know my wyll, and seyd that swyche lond as he hadde not wrytyn in hiis wyll wott xwlde he do with all, he wold his ij. yongest sonnys, Wyllam and Clement, xwlde have, and owte of Sweynthorpe to have hiis perpetuell masse. And of thys prayd me to reporte recorde and berre wyttnesse; in qwyche disposicion and intent he continuyd in on to the day of hiis dethe, and Idarre rytgh largely deposse that that same wasse hiis last wyll the tyme of hiis dethe; qwyche wyll immediatly after my husbondes decesse I hopynd and declaryd to John Paston and al the other executores of my husbond, desyeryng hem to have performyd it. And the seyd John Paston wold in no wysse agree ther to, seyying that by the lawe the seyd manerys xulde be hiis, in as moche as my husbonde made no wyll of hem in wrytyn, and gatte the dedis owte of my possession and estat of the feffees in the seyde manerys, myn unknowyng.And after that swyche tresowre of my husbons as wasse leyde in the Abbey of Norwyche by the seyd John Paston, John Bakton, John Dam, and me, to delyvere azen to us all, the seyde John Paston owte of the seyde Abbey unknowyn to the priour or ony oder person of the seyde Abbey, and withowte my wetyn[g] and assente, or ony of owre felawys, toke and bare awey all, and kepyng it styll azens my wyll and all the tother executores wyllys, nothere restoryng the seid Wyllam and Clement to the forseyd land, nother recompensyng them of my husbonds tresor, and ordeynyng for my husbonds sowle in havyng of hiis perpetuell masse acordyng to his wyll. Werfor, in as moche as I know and understonde verrely that it wasse my husbonds wyll the tyme of hys dethe, that the seyd Wyllam and Clement xwlde have the seyd manerys of Sporle, Sweynsthorp, and Bekham, and the annuyte for hys perpetuell masse to be going owte of the seyde maner of Sweynthorp, and that the possessioners of the seyd manerys at thys day wyll in no wysse by any fayer menez or spekyng tender my seyd husbonds sowle and myn, ner perform the wyll of my seyd husbond, I wyll have and xall by the gras[e] of swyche lyvelode as I have in my possession, that is for to sey, the maners of Stonsted, Marlyngforthe, and Horwellbury, that swm tym wasse my faders and my moders, and cwm on to me by them as myn enheritance. And after my decesse if I wolde soffer it to desend, xwld goo to the wronge possessioners of the seyd manerys of Sporle, Sweynsthorp, and Bekham, qwyche xall not be lettyd for me, but if it be thorow her owne defaute, make, sta[b]lesse and ordeyn myn husbonds perpetuell masse and myn, and of the remenaunt, as swerly ascan be made by the lawe, I wyll the seyd Wyllam and Clement be recompensyd to the valew of the seyde manerys of Sporle, Sweynthorpe, and Bekkam, zerly [yearly], on to the tyme that they be restoryd to the forseyd manerys of Sporle, Sweynthorp, and Bekkam, in lik forme, and lyke astat as xall be afterwards lymytyd in thys my last253.1[will; chargyng and requiryng the seyd Wyllam and Clement that after that they be restoryd to the manerys of Sporle, Sweynsthorp, and Bekam, they restore myn heyres to Marlyngforthe, Stons[ted], and Orwelbury.]251.2[From PastonMSS.] The following appear to be three separate fragments of an original draft of Agnes Paston’s will, written on two sides of a small scrap of paper. Two of these fragments have the letters B and D prefixed to them, showing that they were intended as insertions in a part of the text now lost.251.3These words are struck through with the pen.253.1The word ‘will’ is omitted in theMS., and the words ‘my last’ repeated. What follows is crossed out.646NOTEIn the Paston Genealogy drawn up by Sandford, to which we have several times before alluded, occurs another extract from the will of Agnes Paston, as follows:—‘Also I bequeath to the Whight Fryers of the said city of Norwich, for I am there a suster, to helpe to pay hir [their] debts, xxli., which I will be gathered of the arrerage of my lyvelode. Also I bequeath to the auter of Gracion of the said House, whereas mine husband and I have a perpetuall masse, a vestment which they have for a prist to judge in or [of ?] rede satern. Also to the mendinge of the chappell of our Ladie within the said place, whereas Sir Thomas Gerbrege, my grandfather, and Dame Elizabeth his wife, and Sir Edmond Berrye my father, and Dame Alice his wife, be buried, and Clement Paston my sonn.’647WILLIAM PASTON’S WILL253.2Onthe Thurseday at nyght before Our Ladys Day the Assumpcion,253.3betwixt xj. and xij. of the clokk, in the yer of Our Lord God MCCCC. and xliiij., the Sondays lettre on the D., died my husbond, God assoyle hissowle. And on the Fryday after I sent for John Paston, John Dam, &c. And on the Wedynysday after cam John Paston, &c. And on the Fryday John Paston, John Dam and I yede into the chambre, and they desyred of me to see the wyll. I lete them see it. And John Dam redde it; and when he had redde it, John Paston walkyd up and down in the chambere. John Dam and I knelyd at the beddys fete.253.2[From Fenn, iii. 15.] The following memorandum relative to the death of her husband was written by Agnes Paston, probably about the time she made her will.253.3The Assumption of Our Lady was the 15th August.648ABSTRACT254.1Roll of paper containing a draft in English of part of the inquisition on the death of John Paston, relating more especially to the foundation of Fastolf’s college. In the latter part the jury find that John Paston died on the 22nd May254.2last, and that Sir John Paston, Knight, is his son and next heir, and is of the age of 24 years and more.â‚ Copies of the original inquisition, as returned into Chancery, and of that on the death of Sir John Fastolf, exist among the PastonMSS.in the Bodleian Library.254.1[Addit. Roll, 17,258, B.M.]254.2The date in the inquisition returned into Chancery (6 Edw.IV., No. 44) is 21st May.649MARGARET PASTON TO JOHN PASTON254.3To my ryght wyrshypfull mayster, Sir John Paston, Knyzt, be thys letter delyveryd in hast.1466OCT. 29I  grytteyou well, and send you God ys blessyng and myn, desyryng you to send me werd how that ye spede in youre maters, for I thynk ryght leng tyll I here tydyngys from you; and in alwyse I avyse you for to be ware that ye kepe wysly your wrytyngys that ben of charge, that it com not in her [their] handys that may hurt you herafter. Your fader, wham God assole, in hys trobyll seson set moreby hys wrytyngys and evydens than he dede by any of hys moveabell godys. Remember that yf the wer had from you, ye kowd never gyte no moo such as the be for your parte, &c.Item, I wold ye shold take hyde that yf any processe com owte a yenst me, or a yenst any of tho that wer endyted a fore the coroner, that I myght have knowlych therof, and to purvey a remedy therfor.Item, as for your fader ys wyll, I wold ye shold take ryght gode counsell therin, as I am enformyd it may be prevyd, thogh no man take no charge thys twelfmonth. Ye may have a letter of mynystracyon to such as ye wyll, and mynyster the godys and take no charge. I avyse you that ye in no wyse take no charge therof tyll ye know more than ye doo yet; for ye may verely knowe by that your unkell Will. seyd to you and to me, that thay wyll lay the charge uppon you and me for moo thyngys then ys exprest in your fader ys wyll, the whych shud be to grete for you or me to bere; but as for me, I will not be to hesty to take it uppon me, I ensure you.And at the reverens of God, spede your maters so thys terme, that we may be in rest herafter, and lette not for no labour for the season, and remember the grete cost and charge that we have had hedyr toward, and thynk verely it may not lenge endur. Ye know what ye left when ye wer last at hom, and wyte it verely ther ys no mor in thys countray to bere owte no charge with. I awyse you enquer wysely yf ye canne gyte any more ther as ye be, for els by my feth I feer els it will not be well with ous; and send me word in hast hough ye doo, and whether ye have your laste dedys that ye fayled, for playnly they er not in thys contrey. It ys told me in consell that Ric. Calle hath nyer conqueryd your uncle Will. with fayre promyse twochyng hys lyflode and other thyngs, the whych shold prevayll hym gretly, as he sayth. Be ware of hym and of hys felowe be myn avyse. God sende you gode spede in all your maters.Wryten at Caster, the moreu next after Symon and Jude, wher as I wold not be at thys tyme but for your sake, so mot I ches.By your Moder.254.3[From Fenn, iv. 272.] The date of this letter is shown by the contents to be shortly after John Paston the father’s death, probably in the same year.650ABSTRACT256.1Sir James Gloys to Sir John Paston1466(?)NOV. 10Was at Snaylwell on Sunday, but could get no money. Most of the tenants away at Canterbury or elsewhere. The rest said when you were there last you had given them till Candlemas, ‘so that thei myght malt ther corn and brynge it to the best preffe.’ Warned them to be ready by Tuesday before St. Edmond the King, when Richard Calle would visit them. A thrifty man beside Bery is willing to take the farm; but every one says the last farmer was undone by it. Advises Paston not to overcharge his farms. I have seen Catelyn’s corn, and your tenants say it is sufficient to content you. Your shepherd wishes to know if you will continue him, for no one has spoken to him since my master your father died. Men of Fordham have occupied your ground these two years that my master has been in trouble. I think you should speak to my Lord of Worcester, as he and Woodhous are lords of the town. I have bid the farmers at Snaylwell sow some wheat land, and have warned the tenants at Sporle, Pagrave, and Cressingham to be ready to pay. Advises him to keep up his place at Langham’s. If ‘my master’ had lived he would have exchanged it for the parsonage. Supped on Monday night at a place of the Duke of Suffolk’s with the parson of Causton, a chaplain of the Duchess, ‘and they talked sore of my Lady’s bargain, and were right sorry that she should forsake it.’ The parson asserted that the feoffees had put her in possession of the manors. Talk over this with your counsel; for if the feoffees be compelled to release in Chancery it will be nought, because of the estate they made before; so when you expect to be most quiet you will be most troubled. There was also the parson of Brampston, and he said W. Yelverton had sent a letter to the bailiff he has set at Guton, but what it meant I could not find out. W. Yelverton has put the parson of Heynford out of his farm. I did not speak with your mother before writing this, as she was at Caister.Norwich, St. Martin’s Even.From the mention of John Paston the father as dead, and the trouble he had been in for two years, it would appear that this letter must have been written in 1466, the year of his death. The letter is endorsed in a contemporary hand: ‘Literæ anno vj. et vij. Edwardi iiijti.’256.1[From PastonMSS., B.M.]651ABSTRACT257.1Thomas Grene to William Yelverton, Esq.1466DEC. 22
II. John Dawson, husbandman (agricultor), of Blowfeld, where he has been for four years, having formerly lived five years in the manor of Caister, and before that in Cambridge three years,literatus, liberæ conditionis, about thirty years old.His testimony generally agrees with that of Monke, and he says the covenant of Akethorpe was made in the February before Fastolf’s death. Between Christmas and Easter after his death deponent heard Howes in the manor of Caister say to Robert Cutteler the vicar that he should have 6 marks for his labour in giving evidence about Fastolf’s will; and afterwards Howes in his chamber in the said manor paid him 6 marks. Paston also promised him a benefice worth 40 marks. He says, about a month before Fastolf’s death, he heard Howes and Paston frequently repeat publicly in the household the tenor of Sir John Fastolf’s will. About St. John Baptist’s day last he was at Yarmouth, and heard John Symmys and John Shawe say they were hired by Paston and Howes to give evidence in the proving of Fastolf’s will.III. John Gyrdynge of Fretenham, where he has lived four years; before which time he lived with the Prior of St. Faith’s two years, before that in the manor ofCasterfour years, before that with John Emeryngale of Wroxham two years, and before that in Norwich as an apprentice with Henry Toke five years; a cook, illiterate and of free condition, thirty-two years old and over.241.1Agrees with the evidence of corruption against Rus and others. Was present in Fastolf’s room that Saturday forenoon, and saw the two chaplains celebrating mass. H. Wynstall the barber was present till tenA.M.IV. William Boswell of Thetford, who was four years with Friar Bracley, &c.,literatus, of free condition, thirty years old and more. Heard Howys, Paston, and Rus frequently confer at Caister about the sale of a house in Yarmouth,which Howys, at the request of Paston, at length granted to Rus at £20 less than its value, to the end that Rus might bear witness in their favour and in the proving of Fastolf’s will. [Here occurs a marginal note by another hand, ‘Male sonat. Quod alius consensit non probatur.’ At the head of this deposition also it is said that this witness has been proved corrupt.]V. Robert Inglys of Lodon, gentleman, who has lived there two years, and before that in the parish of Hopton three years, before that with Henry None, Esq., for more than a year, before that with Sir John Fastolf two years, before that with the Abbot of Langley two years, and before that in Hopton with his father; illiterate, and of free condition, thirty years old and more.VI. Richard Horne of Brundall, Norwich diocese, husbandman (agricultor), who has lived there four years, and before that with Thomas Howys six years, and before that in the parish of St. George, Southwark, three years; illiterate, of free condition, twenty-six years old.VII. Thomas Pykeryng of Wroxham, Norwich diocese, who has been a schoolmaster at Norwich and Aylesham, and is now clerk to Robert Norwich, steward of the Abbot of St. Benet’s, Hulme.VIII. Henry Clerke of Blowfeld, husbandman (agricultor), once in the service of Sir John Fastolf, illiterate, twenty-eight years old, of free condition. Says that on the Saturday before Fastolf’s death Howys sent him and John Shawe to Yarmouth about sevenA.M., with a cart-load of malt to one named Chirche; that they arrived about eight, and were spoken to by John Rus and Robert Cutteler in the market-place; that they waited with their cart till twoP.M., when deponent took leave of Russ and Cutteler in the street, having repeatedly seen them there in the interval. Also that at eight and nineA.M.he saw Robert Hert in Yarmouth, who soon after his arrival delivered him a sack containing meat, bought, as he said, by Rus for Fastolf’s household. He says also that between eight and nine he spoke with the said John Symmys, William Pykeryng, and John Osbern in Yarmouth.Marginal notes are appended to the above statements, affirming that bribery had been proved against this witness by four others, and that he stood alone in his testimony.IX. John Tovy of Caister, where he has lived ever since he was born,agricultor, literatus, of free condition, twenty-four years old and more; cannot depose of his own knowledge to the bribery of John Rus and the others. He says John Rus was not present in the manor on the said Saturday, having to be at Yarmouth to provide victuals for the household. About eightA.M.witness conveyed to the said manor some linen, which his mother had washed, for she was Sir John’s washerwoman, and waited there, sometimes in the hall and sometimes in Sir John’s chamber, till after midday, but did not see John Rus or any of the others named, as he would have done if they had been present.X. Thomas Hert of Caister,agricultor, who has lived there from his birth, illiterate, of free condition, twenty-three years old. Cannot depose to bribery except from hearsay. Was sent to Caister by his father on the Saturday before Fastolf’s death with capons to be sold to John Rus, purveyor of victuals for the household, but on inquiring for him, found he was absent, and delivered thecapons to Sir Thomas Howes. Waited till nineA.M.and saw neither Rus, Cutteler, Boteler, nor Robert Hert, but was told Rus was at Yarmouth, and Boteler sick in his chamber. John Symmys had nothing to do with the shoeing of Sir John’s horses that day. Was asked to bear witness in this cause a fortnight ago by Sir William Yelverton’s servant at Caister.XI. William Shave, roper of Yarmouth, illiterate, of free condition, fifty-eight years old. On the Saturday before Fastolf’s death, was at the house of John Balle, at the sign of the Cock, in Yarmouth, in a parlour near the public street, when Sir Thomas Howes informed John Rus, there present, that he had been desired by John Paston to remit to him £20 of the price of a house sold to Rus by the said Thomas, and thereupon he remitted to him the said £20 and 5 marks, in which he was bound to Sir John Fastolf. He also promised him the lands of Akethorp Hall for 40 marks less than any other, provided he would favour the intention of Howes and Paston. [It is remarked in the margin that witness does not say what intention.] William Lynde, a servant of Sir John Fastolf, was present, besides others. He saw Russ and Cutteler that Saturday at Yarmouth, between nine and twelveA.M., and spoke with them and drank in the house of Thomas Lounde. As to Thomas Torald, witness was at Yarmouth one Saturday, when he heard Robert Cutteler and Torald conversing; and the former told the latter that Sir Thomas Howes loved him well, and that John Paston could do him much good, and in the name of Paston and Howes he promised Torald 20s.for his labour, besides expenses, if he would depose for them. Knows that on the Saturday before Fastolf’s death Bartholomew Elys was in Yarmouth from half-past eight to elevenA.M., for he and witness bought fish called roches together, sold some, and divided others in Elys’s house. That day he saw John Rus in Yarmouth several times every hour from seven to elevenA.M., for he was in the market-place all that time on his business, and at vespers he saw John Rus in the parish church of the said town. Next day, Sunday, he also saw him there at matins and at mass.XII. Nicholas Chirche of Yarmouth, merchant,literatus, of free condition, forty years old and more. Testifies concerning a conversation held in John Balle’s parlour at the Cock in Yarmouth after the Christmas following Fastolf’s death, with Sir Thomas Howes, John Paston, John Rus, Friar Clement Felmyngham, Dan Robert Cutteler, Robert Boteler, Thomas Neve, and others, when Howes remitted to John Rus £20 of the price of a house he had sold him, and 5 marks of the arrears of his accounts. He also testifies to other acts of the same nature on that occasion, and to the absence of Rus and Cutteler at Yarmouth on the Saturday above referred to, &c.[In the margin it is remarked that this witness has been proved corrupt by three others.]On the 22d May John Naseby, proctor for Yelverton and Howes, produced as a witness one John Rugge, in presence of Master Robert Kent, Paston’s proctor.XIII. Thomas Newton of Burgh,agricultor, illiterate, of free condition, fifty years old and more.XIV. Thomas Spycer of Southtown, by Yarmouth, tailor, illiterate, of free condition, fifty years old and more.XV. Thomas Neve of Jernemuth [Yarmouth], merchant,literatus, of free condition, forty years old and more.XVI. John Rugge, mariner, of Yarmouth, illiterate, of free condition, fifty years old.XVII. John Clerke of Gorlaston,agricultor, illiterate, of free condition, fifty years old. Heard Clement Felmyngham report to him at the Austin Friars in Southtown that Paston and Howes had given him a pension of 8 marks a year for life, and 40s.for his servant, to say masses for the soul of Sir John Fastolf. Cannot witness of bribery otherwise. A little after Michaelmas, two years before Fastolf’s death, William Worceter in Fastolf’s name delivered possession of six of his manors in Lodylond, viz. Spytlyng in Gorlaston, Bradwell Hall in Bradwell, Hadlounde in Bradwell, Calcotes in Freton, Beytons in Belton, and Akethorpe in Leystoft, to Sir Thomas Howes and others, his co-feoffees named in a charter of enfeoffment, to the use of Sir John during his life, and to execute his will afterwards. This he knows, because he rode with Howes to the said manors when he took possession, and saw and heard Worceter deliver possession thereof. Thomas Torald reported to witness in Lent last that Paston and Howes had promised and paid him 20s., besides his expenses, to give evidence in the proving of Fastolf’s will, and had given each of his fellow-witnesses as much.XVIII. Robert Bunche of Yarmouth, mariner,literatus, of free condition, fifty years old. Swears to having seen John Rus that Saturday at Yarmouth between seven and eight. [A marginal note says that being afterwards produced as a witness by Paston, he admitted having been suborned, and having deposed falsely.]On the 22d July Yelverton’s proctor, Naseby, produced in presence of Paston’s proctor, Kent, two witnesses, viz.—Stephen Scrope, Esq., and Richard Fastolf.XIX. Stephen Scrope, Esq., of free condition, seventy years old or about. Says he was several times with Sir John Fastolf in his manor of Caister within the two years before his death, when Sir John told him he had made his will, and had ordered his executors to erect a college of six or seven monks and seven poor men at Caister, and that they should have lands and goods to the value of 300 marks a year, if a license could be obtained from the King to that effect; otherwise that the number of monks at St. Benet’s should be increased, and seven poor men supported in the monastery. [In the margin it is remarked that this witness proves nothing against the accused witnesses, but only endeavours to depose concerning the will of the deceased.]XX. Richard Fastolfe, of the parish of St. Mary Eldermary, in London, tailor, where he has lived for two years, and before that in the parish of St. Michael, Crokydlane, London, for a quarter of a year, formerly with the Duke of York,literatus, of free condition, thirty-two years old. Went to Caister about the Feast of the Exaltation of the Holy Cross preceding Fastolf’s death, along with one Thomas Plummer,scriptor, of London, now deceased. Found Sir John walking about his chamber led by two servants, when Plummer petitioned him to help deponent with goods that he might marry, as he was one of Sir John’s relations. To this Sir John made answer that he had within afew [days] preceding made his will, which he would not alter, and that he had made mention of deponent therein. He also said to Plummer that if he had come in good time, he should have written his will.[Throughout all the above depositions will be found marginal comments in another hand, a few of which we have noticed incidentally, tending to show that the testimony given is insufficient to prove the bribery of Paston’s witnesses, or to invalidate their statements.]‘Responsiones personaliter factæ per Johannem Paston, armigerum, xxixº die mensis Julii anno Domini MºCCCClxvto, Indictione xiijma, pontificatus sanctissimi in Christo patris et domini nostri, domini Pauli Divina providencia Papæ Secundi anno primo, in domo habitationis venerabilis mulieris Elisabethæ Venor in le Flete vulgariter nuncupat’ infra parochiam Sanctæ Brigidæ Virginis in suburbeis civitatis London’ situata, [et] x., xj., et xijmodiebus mensis Decembris anno Domini supradicto, Indictione xiiijma, pontificatus dicti sanctissimi patris domini Pauli Papæ Secundi anno secundo, in domo thesaurarii ecclesiæ Cathedralis Sancti Pauli London’ in parochia Sancti Gregorii civitatis London’ situata, coram venerabili viro Magistro Johanne Druell, utriusque juris doctore, commissario et examinatore in hac parte specialiter deputato, in præsentia mei, Nicholai Parker, notarii publici, scribæ in ea parte assumpti et deputati, de et super interrogatoriis per partem venerabilis viri domini Willelmi Yelverton militis et Willelmi Worceter, executorum testamenti domini Johannis Fastolf militis ministratis, productum.’236.1[From PastonMSS., B.M.] The following examinations are contained in the same volume as the depositions of John Paston of which an abstract will be found inNo. 606. They begin at page 21, immediately after Paston’s depositions, a single blank page intervening.236.2By a singular mistake in the record, Sir William Yelverton is here spoken of as deceased instead of John Paston:— ‘per partem venerabilis viri domini Willelmi Yelverton militis defuncti contra testes Johannis Paston armigeri et domini Thomæ Howys.’ Yelverton certainly lived for some years after this, and was continued as judge by HenryVI.on his restoration (seeFoss), but John Paston died on the 26th May 1466.239.1South-Town, Yarmouth, sometimes called Little Yarmouth.240.1‘Quod dictis Johannes Paston apud Castre penultimo die Octobris ultimo præterito ad tres annos proxime elapsos sibi retulit.’ It would seem by this that Popy’s testimony must have been given within three years of Fastolf’s death.241.1The residences of every one of the witnesses are given from the time of his birth; but we have given these details only in one or two cases as specimens.before that in the manor of Caster four yearstext unchanged: Gairdner’s usual spelling is “Caisterâ€640NOTEExtract from ‘An Index to Deeds and Writings in the Tower, Magdalen College, Oxford’‘34. The testimony of Th. Howes concerning the testament of Sir John Fastolf, touching which controversies arose between John Paston the elder, and Thos. Howes of the one party, and William Yelverton, Knight, and William Worcetyr on the other.’641EDWARD IV. TO THE BAILIFFS OF YARMOUTH246.1By the Kinge (Edward the Fourth)246.21466JULY 17Trustyand welbeloved, we greet yow well, letting yow wete that our trusty and welbeloved knight Sir John Paston, our welbeloved William Paston, and Clement Paston, with other, have been before us and our councell worshipfully declared of the surmise of great charge that was laid on our behalfe unto John Paston deceased and them, jointly and severally; so that we hold them and every of them sufficiently declared in that matter, and take and repute them as gentlemen descended lineally of worshipfull blood sithen the Conquest hither; and over that, have commanded that plenare restitution of the manner of Castor, and of all other lands and tenements, with goods and cattell, that the said John Paston deceased had of the gift and purchase of Sir John Fastolfe, Knight, shall wholly be restored unto our said Knight Sir John Paston, like as the said John Paston deceased had in any time of his daies. Wherefore, in as much as our said Knight intendeth to make his abideing in Castor, we desire and pray yow that, for our sake and contemplation, ye will be friendly and neighbours unto him in his right; and such other things as may be to his profitt and ease, wherein ye shall do unto us full and good pleasure. Yeaven under our signet in our Castle at Windsore the xvijthday of July.Subjoined to the above in Sandford’s Genealogy is ‘the coppie of a warrant sentfrom Kinge Edward the Fourth to restore Sir John Paston to the lands and possessions which he purchased of Sir John Fastolfe, whereof the originall remaineth in the custody of Edw. Paston, Esq.’ It is addressed ‘To all tenaunts, fermors, or occupiers of all the lands and tenements, and of every part of them, that late were John Paston’s, Esq., now deceased, by way of inheritance, or Agnes Paston, Margaret Paston, William Paston, and Clement Paston, or any of them, and to all such persons what so they be, now being in the manner or place of Castor, or in any lifelode that was the said John Paston, Esq., by way of gifte or purchase of late Sir John Fastolfe, or of any other, within our counties of Norff., Suff., and Norwich, and to all the tenants, fermors, baylies, or occupiers of the same, and of every part thereof; and to all mayers, shreves, eschetors, bayliffs, and other our officers, as well within franchise as without our counties aforesaid, hereing or seeing these our letters.’ The King mentions in this warrant that ‘great part of the said lands, tenements, and manors had been seized into our hands’; and the tenants, farmers, bailiffs, and occupiers of the said lands are charged thenceforth to pay the whole issues and profits thereof to Sir John Paston; and the mayors, sheriffs, escheators, and others the King’s officers are charged to be ‘assisting, helping, and strengthening.’ The warrant is ‘Yeven under our signet at Windsore, the xxvjthday of July, the sixth yeare of our reigne.’246.1This letter is reprinted from theNorfolk Archæology, where it was first published by Mr. Worship from a transcript made by Sandford in hisMS.Genealogy of the Paston family, compiled in 1674. Sandford states that ‘the originall under the King’s seale remaineth in the custody of Edward Paston, Esq.’ The date is rendered certain by the warrant subjoined.246.2We have placed the words ‘Edward the Fourth’ in parentheses, though they are not so printed by Mr. Worship, and are probably not so written in Sandford’sMS., because we suspect that they were not in the text of the original document, but were added by Sandford by way of explanation.642ABSTRACT247.11466(?)JULY 20Latter clause of a writ ofsupersedeasto an escheator directing him not to make inquisitionpost mortemon the lands of John ——, until further notice.Westminster, 20 July.[From the time of year at which this writ is dated, it may have been issued after the death of John Paston, who died in May 1466, the inquisition on his lands not having been taken till October following. But it may possibly have applied to the lands of Sir John Fastolf, who died in November 1459, the inquisition after his death not having been taken till October 1460.]247.1[From PastonMSS., B.M.]643ANCESTRY OF THE PASTONSThe following document is derived from a transcript made by Sandford in the Genealogy mentioned inNo. 641, and some previous papers, and is likewise reprinted from Mr. Worship’s article. Prefixed to it in Sandford’sMS.are these words:— ‘The Briefe followinge was delivered to Edward Paston, Esq., amonge other evidence, by his uncle Clement Paston, and it is written in an old hand.’ It would appear, however, from the wording, not to be a ‘brief’ or abstract, as Sandford considered it,but an extract from some certificate made in the King’s name in behalf of Sir John Paston, setting forth what had been proved on examination as to the gentility of his ancestry.Theyshewed divers great evidences and court rolles, how that they and their ancetors had been possessed of a court and seniory in the town of Paston, and of many and sundry bondmen, sithen the time that no mind is to the contrary; and how that Agnes Paston, wife to the said William Paston, father to the said John, William, and Clement, in title of her dower, is in possession of bondholders, and also of bondmen, whose ancetors have been bondmen to the ancetors of the said John Paston sithen the time that no minde is to the contrary. And they shewed divers fines, some leavyed in the time of the begining of the reigne of our noble progenitor, Edward the First, son of Kinge Henry, son of King John, of liveloude whereof they and theire ancetors have been possessed ever since to this day.Also they shewed divers inquests which is matters of record. Also they shewed divers deeds and grants before time of mind, how that their ancetors had licence to have a chaplen and have divine service within them. And that divers of their ancetors had given lyvelyhood to houses of religion to be prayed for, and confirmacions under the Great Seale of our noble ancestor Kinge Henry the Third, son of Kinge John, confirming the same grants.Also they shewed divers old deeds, some without date, insealed under autenticke seales, of divers particular purchases in the town of Paston, reciting in the said deeds that the land was holden of the ancetors of the said.  . .  .  .Paston, as of the chiefe lord of the fee, and by homage, and had ward, marriage and reliefe. Also they shewed how their ancestors were infeoffed in divers men’s mannors and lands in trust. Also they shewed a great multitude of old deeds, without date and with date, wherein their ancetors were alwaies sett first in witness, and before all other gentlemen. Also they shewed how their ancetors had, in old time and of late time, married with worshipfull gentlemen; and proved, by deeds of marriage and by other deeds, how their ancetors had indowedtheir wives, and by discents of livelyhood, and by testaments and wills of their ancestors under seale; and made open by evident proofe, how they and their ancetors came lineally descended of right noble and worshipfull blood, and of great lords, sometime liveing in this our realme of Ingland. And also they made open proofe how they were nere of kin and blood to many of the worshipfullest of the country, and also nere to many and sundry great estates and lords of this realme, and was openly proved and affirmed, without contradiction or proofe to the contrary.They shewed how they had kept pl’ce with divers.  . .  .and with Plays that had wedded the Earle Warren’s daughter, the third yeare of Edward the First. They shewed a lineall discent, how their first ancetor, Wulstan, came out of France, and Sir William Glanvile together, his kinsman, that after founded the pryory of Bromholme by the towne of Paston and the towne of Bentley; and how Wulstan had issue Wulstan, which bare armes gould flowret azure; and how he had issue, Raffe and Robert; which Raffe, senior, bare armes as his father, and Robert the younger bare silver flowret azure. And Robert had issue Edmund and Walter; which Edmund the elder bare as his father; and his brother, because he married Glanvile’s daughter, a cheife indented gold, the field silver, flowret azure; and how their ancetors after bare with lesse number; and how Sir John Paston was heire to all those, for they died sans issue. And this was shewed by writinge of olde hand, and by old testaments and evidences.644WILL OF AGNES PASTON249.11466SEPT. 16Toall to whom this present writting xal come, I, Agnes Paston, late the wife of William Paston, Justice, send greting in God everlasting, lating hem know that I, the forseid Agnes, of goode and hole mende, the xvj. day ofSeptembre, the vj. yere of the reigne of Kyng E. the iiijthand the yere of our Lord a MlCCCClxvj., make and ordeyne my last will in al the maners, londes, tenementes, rentes, services, mesuages, and places, that ony person or persones bene seased of to myn use and behof with in Norwiche, Norffolk, Suffolk, Essex, Hertfordshere, or in any other shere with in Englond, praying and desiring al the personez so feffed to myn use, after this my will, writtyn and inceled under my seale, be shewed unto them, that they wol make astate to the persones lemited in my seid will according.And inasmoche as myn husbond, whos soule God assoile, dyverse tymes, and specialy among other the day of the moneth, rehersed to me that the lyvelod whiche he had assigned to his ij. yongest, William and Clement, by his will in writting, was so littill that they mizt not leve thereon, withouzt they shuld hold the plowe to the tayle; and ferthermore, seying that he had dyvers oder maners, that is to say, the maner of Sporle, Sweynsthorp, and Bekham; which maner of Bekham he was purposed to chaunge with the maner of Pagrave; and if he myzt bring it abouzt, then xuld on of his ij. yongest sones have the seid maners of Sporle and Bekham, and no more, and the other yongest sone xuld have al the remenaunt. And he that had the maner of Sweynsthorp xuld be bound in a gret some to the prior of the Abbey of Norwiche, to paie dayly for ever to the monke that for that day singeth the masse of the Holy Goste in our Lady Chapell in Norwiche, where he purposed to leye his body, every day iiijd., to sing and pray for his sowle and myn, and al the sowles that he and I have hade any goode of or be beholdyn to pray for. And after that the ——250.1day of ————250.1next folowing my seid husbond lying seke in his bed, in the presens of John Paston, his sone and myn, John Bakton, John Dame, and of me, declared his will towching certein of his children and me, at whiche tyme he assigned to the seid John Paston the maner of Gressham in honde, and the revercion of suche lyvelode as he zave me after my decesse, askyng hym the question wheder he held hym not content so, seying to him in these termes, ‘Sir, andthow do not I doo, for I will not geve so mekyll to on that the remenaunt xal have to littill to leve on. At the whiche251.1.  .’249.1[From PastonMSS., B.M.]250.1Blanks inMS.251.1Here the fragment ends at the bottom of a leaf written only on one side.645WILL OF AGNES PASTON251.2B.—And after that the —— day of the monethe my seyd husbond lyyng seke on hys bede sent for me, John Paston, Bakton, and John a Dame, to here hiis wyll rede; and in owr presens all he began to reede hiis wylle, and spak fyst of me, and assynyid to me the maners of Paston, Latymer, and Schypden and Ropers, in Crowmer, for terme of my lyffe, and the manerys of Merlyngforthe, Stonsted, and Horwelbury, whyche wasse myn owne enheritans, and Oxned, whyche wasse my jontor, and [prayd me to hold me contente so, for]251.3hadde do to lityll to ony it wasse to me, for somme he faryd the better, and so devedede (?) he ded for not of hem all, but he hadde more to care for, wyche myn as well as hys. And than he red John parte, and assynyd to hym and to hys wyffe the maner of Gressam, and after my desesse the maner of Oxned; and he, thynkyng by John Pastons demenyng that he wasse not plesyd because.  . .  .C.—Swynne of slowyth that hiis wyll wasse not made up, but wot swm ever cwm of me, Dame, I wyll ze know my wyll, and seyd that swyche lond as he hadde not wrytyn in hiis wyll wott xwlde he do with all, he wold his ij. yongest sonnys, Wyllam and Clement, xwlde have, and owte of Sweynthorpe to have hiis perpetuell masse. And of thys prayd me to reporte recorde and berre wyttnesse; in qwyche disposicion and intent he continuyd in on to the day of hiis dethe, and Idarre rytgh largely deposse that that same wasse hiis last wyll the tyme of hiis dethe; qwyche wyll immediatly after my husbondes decesse I hopynd and declaryd to John Paston and al the other executores of my husbond, desyeryng hem to have performyd it. And the seyd John Paston wold in no wysse agree ther to, seyying that by the lawe the seyd manerys xulde be hiis, in as moche as my husbonde made no wyll of hem in wrytyn, and gatte the dedis owte of my possession and estat of the feffees in the seyde manerys, myn unknowyng.And after that swyche tresowre of my husbons as wasse leyde in the Abbey of Norwyche by the seyd John Paston, John Bakton, John Dam, and me, to delyvere azen to us all, the seyde John Paston owte of the seyde Abbey unknowyn to the priour or ony oder person of the seyde Abbey, and withowte my wetyn[g] and assente, or ony of owre felawys, toke and bare awey all, and kepyng it styll azens my wyll and all the tother executores wyllys, nothere restoryng the seid Wyllam and Clement to the forseyd land, nother recompensyng them of my husbonds tresor, and ordeynyng for my husbonds sowle in havyng of hiis perpetuell masse acordyng to his wyll. Werfor, in as moche as I know and understonde verrely that it wasse my husbonds wyll the tyme of hys dethe, that the seyd Wyllam and Clement xwlde have the seyd manerys of Sporle, Sweynsthorp, and Bekham, and the annuyte for hys perpetuell masse to be going owte of the seyde maner of Sweynthorp, and that the possessioners of the seyd manerys at thys day wyll in no wysse by any fayer menez or spekyng tender my seyd husbonds sowle and myn, ner perform the wyll of my seyd husbond, I wyll have and xall by the gras[e] of swyche lyvelode as I have in my possession, that is for to sey, the maners of Stonsted, Marlyngforthe, and Horwellbury, that swm tym wasse my faders and my moders, and cwm on to me by them as myn enheritance. And after my decesse if I wolde soffer it to desend, xwld goo to the wronge possessioners of the seyd manerys of Sporle, Sweynsthorp, and Bekham, qwyche xall not be lettyd for me, but if it be thorow her owne defaute, make, sta[b]lesse and ordeyn myn husbonds perpetuell masse and myn, and of the remenaunt, as swerly ascan be made by the lawe, I wyll the seyd Wyllam and Clement be recompensyd to the valew of the seyde manerys of Sporle, Sweynthorpe, and Bekkam, zerly [yearly], on to the tyme that they be restoryd to the forseyd manerys of Sporle, Sweynthorp, and Bekkam, in lik forme, and lyke astat as xall be afterwards lymytyd in thys my last253.1[will; chargyng and requiryng the seyd Wyllam and Clement that after that they be restoryd to the manerys of Sporle, Sweynsthorp, and Bekam, they restore myn heyres to Marlyngforthe, Stons[ted], and Orwelbury.]251.2[From PastonMSS.] The following appear to be three separate fragments of an original draft of Agnes Paston’s will, written on two sides of a small scrap of paper. Two of these fragments have the letters B and D prefixed to them, showing that they were intended as insertions in a part of the text now lost.251.3These words are struck through with the pen.253.1The word ‘will’ is omitted in theMS., and the words ‘my last’ repeated. What follows is crossed out.646NOTEIn the Paston Genealogy drawn up by Sandford, to which we have several times before alluded, occurs another extract from the will of Agnes Paston, as follows:—‘Also I bequeath to the Whight Fryers of the said city of Norwich, for I am there a suster, to helpe to pay hir [their] debts, xxli., which I will be gathered of the arrerage of my lyvelode. Also I bequeath to the auter of Gracion of the said House, whereas mine husband and I have a perpetuall masse, a vestment which they have for a prist to judge in or [of ?] rede satern. Also to the mendinge of the chappell of our Ladie within the said place, whereas Sir Thomas Gerbrege, my grandfather, and Dame Elizabeth his wife, and Sir Edmond Berrye my father, and Dame Alice his wife, be buried, and Clement Paston my sonn.’647WILLIAM PASTON’S WILL253.2Onthe Thurseday at nyght before Our Ladys Day the Assumpcion,253.3betwixt xj. and xij. of the clokk, in the yer of Our Lord God MCCCC. and xliiij., the Sondays lettre on the D., died my husbond, God assoyle hissowle. And on the Fryday after I sent for John Paston, John Dam, &c. And on the Wedynysday after cam John Paston, &c. And on the Fryday John Paston, John Dam and I yede into the chambre, and they desyred of me to see the wyll. I lete them see it. And John Dam redde it; and when he had redde it, John Paston walkyd up and down in the chambere. John Dam and I knelyd at the beddys fete.253.2[From Fenn, iii. 15.] The following memorandum relative to the death of her husband was written by Agnes Paston, probably about the time she made her will.253.3The Assumption of Our Lady was the 15th August.648ABSTRACT254.1Roll of paper containing a draft in English of part of the inquisition on the death of John Paston, relating more especially to the foundation of Fastolf’s college. In the latter part the jury find that John Paston died on the 22nd May254.2last, and that Sir John Paston, Knight, is his son and next heir, and is of the age of 24 years and more.â‚ Copies of the original inquisition, as returned into Chancery, and of that on the death of Sir John Fastolf, exist among the PastonMSS.in the Bodleian Library.254.1[Addit. Roll, 17,258, B.M.]254.2The date in the inquisition returned into Chancery (6 Edw.IV., No. 44) is 21st May.649MARGARET PASTON TO JOHN PASTON254.3To my ryght wyrshypfull mayster, Sir John Paston, Knyzt, be thys letter delyveryd in hast.1466OCT. 29I  grytteyou well, and send you God ys blessyng and myn, desyryng you to send me werd how that ye spede in youre maters, for I thynk ryght leng tyll I here tydyngys from you; and in alwyse I avyse you for to be ware that ye kepe wysly your wrytyngys that ben of charge, that it com not in her [their] handys that may hurt you herafter. Your fader, wham God assole, in hys trobyll seson set moreby hys wrytyngys and evydens than he dede by any of hys moveabell godys. Remember that yf the wer had from you, ye kowd never gyte no moo such as the be for your parte, &c.Item, I wold ye shold take hyde that yf any processe com owte a yenst me, or a yenst any of tho that wer endyted a fore the coroner, that I myght have knowlych therof, and to purvey a remedy therfor.Item, as for your fader ys wyll, I wold ye shold take ryght gode counsell therin, as I am enformyd it may be prevyd, thogh no man take no charge thys twelfmonth. Ye may have a letter of mynystracyon to such as ye wyll, and mynyster the godys and take no charge. I avyse you that ye in no wyse take no charge therof tyll ye know more than ye doo yet; for ye may verely knowe by that your unkell Will. seyd to you and to me, that thay wyll lay the charge uppon you and me for moo thyngys then ys exprest in your fader ys wyll, the whych shud be to grete for you or me to bere; but as for me, I will not be to hesty to take it uppon me, I ensure you.And at the reverens of God, spede your maters so thys terme, that we may be in rest herafter, and lette not for no labour for the season, and remember the grete cost and charge that we have had hedyr toward, and thynk verely it may not lenge endur. Ye know what ye left when ye wer last at hom, and wyte it verely ther ys no mor in thys countray to bere owte no charge with. I awyse you enquer wysely yf ye canne gyte any more ther as ye be, for els by my feth I feer els it will not be well with ous; and send me word in hast hough ye doo, and whether ye have your laste dedys that ye fayled, for playnly they er not in thys contrey. It ys told me in consell that Ric. Calle hath nyer conqueryd your uncle Will. with fayre promyse twochyng hys lyflode and other thyngs, the whych shold prevayll hym gretly, as he sayth. Be ware of hym and of hys felowe be myn avyse. God sende you gode spede in all your maters.Wryten at Caster, the moreu next after Symon and Jude, wher as I wold not be at thys tyme but for your sake, so mot I ches.By your Moder.254.3[From Fenn, iv. 272.] The date of this letter is shown by the contents to be shortly after John Paston the father’s death, probably in the same year.650ABSTRACT256.1Sir James Gloys to Sir John Paston1466(?)NOV. 10Was at Snaylwell on Sunday, but could get no money. Most of the tenants away at Canterbury or elsewhere. The rest said when you were there last you had given them till Candlemas, ‘so that thei myght malt ther corn and brynge it to the best preffe.’ Warned them to be ready by Tuesday before St. Edmond the King, when Richard Calle would visit them. A thrifty man beside Bery is willing to take the farm; but every one says the last farmer was undone by it. Advises Paston not to overcharge his farms. I have seen Catelyn’s corn, and your tenants say it is sufficient to content you. Your shepherd wishes to know if you will continue him, for no one has spoken to him since my master your father died. Men of Fordham have occupied your ground these two years that my master has been in trouble. I think you should speak to my Lord of Worcester, as he and Woodhous are lords of the town. I have bid the farmers at Snaylwell sow some wheat land, and have warned the tenants at Sporle, Pagrave, and Cressingham to be ready to pay. Advises him to keep up his place at Langham’s. If ‘my master’ had lived he would have exchanged it for the parsonage. Supped on Monday night at a place of the Duke of Suffolk’s with the parson of Causton, a chaplain of the Duchess, ‘and they talked sore of my Lady’s bargain, and were right sorry that she should forsake it.’ The parson asserted that the feoffees had put her in possession of the manors. Talk over this with your counsel; for if the feoffees be compelled to release in Chancery it will be nought, because of the estate they made before; so when you expect to be most quiet you will be most troubled. There was also the parson of Brampston, and he said W. Yelverton had sent a letter to the bailiff he has set at Guton, but what it meant I could not find out. W. Yelverton has put the parson of Heynford out of his farm. I did not speak with your mother before writing this, as she was at Caister.Norwich, St. Martin’s Even.From the mention of John Paston the father as dead, and the trouble he had been in for two years, it would appear that this letter must have been written in 1466, the year of his death. The letter is endorsed in a contemporary hand: ‘Literæ anno vj. et vij. Edwardi iiijti.’256.1[From PastonMSS., B.M.]651ABSTRACT257.1Thomas Grene to William Yelverton, Esq.1466DEC. 22
II. John Dawson, husbandman (agricultor), of Blowfeld, where he has been for four years, having formerly lived five years in the manor of Caister, and before that in Cambridge three years,literatus, liberæ conditionis, about thirty years old.His testimony generally agrees with that of Monke, and he says the covenant of Akethorpe was made in the February before Fastolf’s death. Between Christmas and Easter after his death deponent heard Howes in the manor of Caister say to Robert Cutteler the vicar that he should have 6 marks for his labour in giving evidence about Fastolf’s will; and afterwards Howes in his chamber in the said manor paid him 6 marks. Paston also promised him a benefice worth 40 marks. He says, about a month before Fastolf’s death, he heard Howes and Paston frequently repeat publicly in the household the tenor of Sir John Fastolf’s will. About St. John Baptist’s day last he was at Yarmouth, and heard John Symmys and John Shawe say they were hired by Paston and Howes to give evidence in the proving of Fastolf’s will.III. John Gyrdynge of Fretenham, where he has lived four years; before which time he lived with the Prior of St. Faith’s two years, before that in the manor ofCasterfour years, before that with John Emeryngale of Wroxham two years, and before that in Norwich as an apprentice with Henry Toke five years; a cook, illiterate and of free condition, thirty-two years old and over.241.1Agrees with the evidence of corruption against Rus and others. Was present in Fastolf’s room that Saturday forenoon, and saw the two chaplains celebrating mass. H. Wynstall the barber was present till tenA.M.IV. William Boswell of Thetford, who was four years with Friar Bracley, &c.,literatus, of free condition, thirty years old and more. Heard Howys, Paston, and Rus frequently confer at Caister about the sale of a house in Yarmouth,which Howys, at the request of Paston, at length granted to Rus at £20 less than its value, to the end that Rus might bear witness in their favour and in the proving of Fastolf’s will. [Here occurs a marginal note by another hand, ‘Male sonat. Quod alius consensit non probatur.’ At the head of this deposition also it is said that this witness has been proved corrupt.]V. Robert Inglys of Lodon, gentleman, who has lived there two years, and before that in the parish of Hopton three years, before that with Henry None, Esq., for more than a year, before that with Sir John Fastolf two years, before that with the Abbot of Langley two years, and before that in Hopton with his father; illiterate, and of free condition, thirty years old and more.VI. Richard Horne of Brundall, Norwich diocese, husbandman (agricultor), who has lived there four years, and before that with Thomas Howys six years, and before that in the parish of St. George, Southwark, three years; illiterate, of free condition, twenty-six years old.VII. Thomas Pykeryng of Wroxham, Norwich diocese, who has been a schoolmaster at Norwich and Aylesham, and is now clerk to Robert Norwich, steward of the Abbot of St. Benet’s, Hulme.VIII. Henry Clerke of Blowfeld, husbandman (agricultor), once in the service of Sir John Fastolf, illiterate, twenty-eight years old, of free condition. Says that on the Saturday before Fastolf’s death Howys sent him and John Shawe to Yarmouth about sevenA.M., with a cart-load of malt to one named Chirche; that they arrived about eight, and were spoken to by John Rus and Robert Cutteler in the market-place; that they waited with their cart till twoP.M., when deponent took leave of Russ and Cutteler in the street, having repeatedly seen them there in the interval. Also that at eight and nineA.M.he saw Robert Hert in Yarmouth, who soon after his arrival delivered him a sack containing meat, bought, as he said, by Rus for Fastolf’s household. He says also that between eight and nine he spoke with the said John Symmys, William Pykeryng, and John Osbern in Yarmouth.Marginal notes are appended to the above statements, affirming that bribery had been proved against this witness by four others, and that he stood alone in his testimony.IX. John Tovy of Caister, where he has lived ever since he was born,agricultor, literatus, of free condition, twenty-four years old and more; cannot depose of his own knowledge to the bribery of John Rus and the others. He says John Rus was not present in the manor on the said Saturday, having to be at Yarmouth to provide victuals for the household. About eightA.M.witness conveyed to the said manor some linen, which his mother had washed, for she was Sir John’s washerwoman, and waited there, sometimes in the hall and sometimes in Sir John’s chamber, till after midday, but did not see John Rus or any of the others named, as he would have done if they had been present.X. Thomas Hert of Caister,agricultor, who has lived there from his birth, illiterate, of free condition, twenty-three years old. Cannot depose to bribery except from hearsay. Was sent to Caister by his father on the Saturday before Fastolf’s death with capons to be sold to John Rus, purveyor of victuals for the household, but on inquiring for him, found he was absent, and delivered thecapons to Sir Thomas Howes. Waited till nineA.M.and saw neither Rus, Cutteler, Boteler, nor Robert Hert, but was told Rus was at Yarmouth, and Boteler sick in his chamber. John Symmys had nothing to do with the shoeing of Sir John’s horses that day. Was asked to bear witness in this cause a fortnight ago by Sir William Yelverton’s servant at Caister.XI. William Shave, roper of Yarmouth, illiterate, of free condition, fifty-eight years old. On the Saturday before Fastolf’s death, was at the house of John Balle, at the sign of the Cock, in Yarmouth, in a parlour near the public street, when Sir Thomas Howes informed John Rus, there present, that he had been desired by John Paston to remit to him £20 of the price of a house sold to Rus by the said Thomas, and thereupon he remitted to him the said £20 and 5 marks, in which he was bound to Sir John Fastolf. He also promised him the lands of Akethorp Hall for 40 marks less than any other, provided he would favour the intention of Howes and Paston. [It is remarked in the margin that witness does not say what intention.] William Lynde, a servant of Sir John Fastolf, was present, besides others. He saw Russ and Cutteler that Saturday at Yarmouth, between nine and twelveA.M., and spoke with them and drank in the house of Thomas Lounde. As to Thomas Torald, witness was at Yarmouth one Saturday, when he heard Robert Cutteler and Torald conversing; and the former told the latter that Sir Thomas Howes loved him well, and that John Paston could do him much good, and in the name of Paston and Howes he promised Torald 20s.for his labour, besides expenses, if he would depose for them. Knows that on the Saturday before Fastolf’s death Bartholomew Elys was in Yarmouth from half-past eight to elevenA.M., for he and witness bought fish called roches together, sold some, and divided others in Elys’s house. That day he saw John Rus in Yarmouth several times every hour from seven to elevenA.M., for he was in the market-place all that time on his business, and at vespers he saw John Rus in the parish church of the said town. Next day, Sunday, he also saw him there at matins and at mass.XII. Nicholas Chirche of Yarmouth, merchant,literatus, of free condition, forty years old and more. Testifies concerning a conversation held in John Balle’s parlour at the Cock in Yarmouth after the Christmas following Fastolf’s death, with Sir Thomas Howes, John Paston, John Rus, Friar Clement Felmyngham, Dan Robert Cutteler, Robert Boteler, Thomas Neve, and others, when Howes remitted to John Rus £20 of the price of a house he had sold him, and 5 marks of the arrears of his accounts. He also testifies to other acts of the same nature on that occasion, and to the absence of Rus and Cutteler at Yarmouth on the Saturday above referred to, &c.[In the margin it is remarked that this witness has been proved corrupt by three others.]On the 22d May John Naseby, proctor for Yelverton and Howes, produced as a witness one John Rugge, in presence of Master Robert Kent, Paston’s proctor.XIII. Thomas Newton of Burgh,agricultor, illiterate, of free condition, fifty years old and more.XIV. Thomas Spycer of Southtown, by Yarmouth, tailor, illiterate, of free condition, fifty years old and more.XV. Thomas Neve of Jernemuth [Yarmouth], merchant,literatus, of free condition, forty years old and more.XVI. John Rugge, mariner, of Yarmouth, illiterate, of free condition, fifty years old.XVII. John Clerke of Gorlaston,agricultor, illiterate, of free condition, fifty years old. Heard Clement Felmyngham report to him at the Austin Friars in Southtown that Paston and Howes had given him a pension of 8 marks a year for life, and 40s.for his servant, to say masses for the soul of Sir John Fastolf. Cannot witness of bribery otherwise. A little after Michaelmas, two years before Fastolf’s death, William Worceter in Fastolf’s name delivered possession of six of his manors in Lodylond, viz. Spytlyng in Gorlaston, Bradwell Hall in Bradwell, Hadlounde in Bradwell, Calcotes in Freton, Beytons in Belton, and Akethorpe in Leystoft, to Sir Thomas Howes and others, his co-feoffees named in a charter of enfeoffment, to the use of Sir John during his life, and to execute his will afterwards. This he knows, because he rode with Howes to the said manors when he took possession, and saw and heard Worceter deliver possession thereof. Thomas Torald reported to witness in Lent last that Paston and Howes had promised and paid him 20s., besides his expenses, to give evidence in the proving of Fastolf’s will, and had given each of his fellow-witnesses as much.XVIII. Robert Bunche of Yarmouth, mariner,literatus, of free condition, fifty years old. Swears to having seen John Rus that Saturday at Yarmouth between seven and eight. [A marginal note says that being afterwards produced as a witness by Paston, he admitted having been suborned, and having deposed falsely.]On the 22d July Yelverton’s proctor, Naseby, produced in presence of Paston’s proctor, Kent, two witnesses, viz.—Stephen Scrope, Esq., and Richard Fastolf.XIX. Stephen Scrope, Esq., of free condition, seventy years old or about. Says he was several times with Sir John Fastolf in his manor of Caister within the two years before his death, when Sir John told him he had made his will, and had ordered his executors to erect a college of six or seven monks and seven poor men at Caister, and that they should have lands and goods to the value of 300 marks a year, if a license could be obtained from the King to that effect; otherwise that the number of monks at St. Benet’s should be increased, and seven poor men supported in the monastery. [In the margin it is remarked that this witness proves nothing against the accused witnesses, but only endeavours to depose concerning the will of the deceased.]XX. Richard Fastolfe, of the parish of St. Mary Eldermary, in London, tailor, where he has lived for two years, and before that in the parish of St. Michael, Crokydlane, London, for a quarter of a year, formerly with the Duke of York,literatus, of free condition, thirty-two years old. Went to Caister about the Feast of the Exaltation of the Holy Cross preceding Fastolf’s death, along with one Thomas Plummer,scriptor, of London, now deceased. Found Sir John walking about his chamber led by two servants, when Plummer petitioned him to help deponent with goods that he might marry, as he was one of Sir John’s relations. To this Sir John made answer that he had within afew [days] preceding made his will, which he would not alter, and that he had made mention of deponent therein. He also said to Plummer that if he had come in good time, he should have written his will.
II. John Dawson, husbandman (agricultor), of Blowfeld, where he has been for four years, having formerly lived five years in the manor of Caister, and before that in Cambridge three years,literatus, liberæ conditionis, about thirty years old.
His testimony generally agrees with that of Monke, and he says the covenant of Akethorpe was made in the February before Fastolf’s death. Between Christmas and Easter after his death deponent heard Howes in the manor of Caister say to Robert Cutteler the vicar that he should have 6 marks for his labour in giving evidence about Fastolf’s will; and afterwards Howes in his chamber in the said manor paid him 6 marks. Paston also promised him a benefice worth 40 marks. He says, about a month before Fastolf’s death, he heard Howes and Paston frequently repeat publicly in the household the tenor of Sir John Fastolf’s will. About St. John Baptist’s day last he was at Yarmouth, and heard John Symmys and John Shawe say they were hired by Paston and Howes to give evidence in the proving of Fastolf’s will.
III. John Gyrdynge of Fretenham, where he has lived four years; before which time he lived with the Prior of St. Faith’s two years, before that in the manor ofCasterfour years, before that with John Emeryngale of Wroxham two years, and before that in Norwich as an apprentice with Henry Toke five years; a cook, illiterate and of free condition, thirty-two years old and over.241.1Agrees with the evidence of corruption against Rus and others. Was present in Fastolf’s room that Saturday forenoon, and saw the two chaplains celebrating mass. H. Wynstall the barber was present till tenA.M.
IV. William Boswell of Thetford, who was four years with Friar Bracley, &c.,literatus, of free condition, thirty years old and more. Heard Howys, Paston, and Rus frequently confer at Caister about the sale of a house in Yarmouth,which Howys, at the request of Paston, at length granted to Rus at £20 less than its value, to the end that Rus might bear witness in their favour and in the proving of Fastolf’s will. [Here occurs a marginal note by another hand, ‘Male sonat. Quod alius consensit non probatur.’ At the head of this deposition also it is said that this witness has been proved corrupt.]
V. Robert Inglys of Lodon, gentleman, who has lived there two years, and before that in the parish of Hopton three years, before that with Henry None, Esq., for more than a year, before that with Sir John Fastolf two years, before that with the Abbot of Langley two years, and before that in Hopton with his father; illiterate, and of free condition, thirty years old and more.
VI. Richard Horne of Brundall, Norwich diocese, husbandman (agricultor), who has lived there four years, and before that with Thomas Howys six years, and before that in the parish of St. George, Southwark, three years; illiterate, of free condition, twenty-six years old.
VII. Thomas Pykeryng of Wroxham, Norwich diocese, who has been a schoolmaster at Norwich and Aylesham, and is now clerk to Robert Norwich, steward of the Abbot of St. Benet’s, Hulme.
VIII. Henry Clerke of Blowfeld, husbandman (agricultor), once in the service of Sir John Fastolf, illiterate, twenty-eight years old, of free condition. Says that on the Saturday before Fastolf’s death Howys sent him and John Shawe to Yarmouth about sevenA.M., with a cart-load of malt to one named Chirche; that they arrived about eight, and were spoken to by John Rus and Robert Cutteler in the market-place; that they waited with their cart till twoP.M., when deponent took leave of Russ and Cutteler in the street, having repeatedly seen them there in the interval. Also that at eight and nineA.M.he saw Robert Hert in Yarmouth, who soon after his arrival delivered him a sack containing meat, bought, as he said, by Rus for Fastolf’s household. He says also that between eight and nine he spoke with the said John Symmys, William Pykeryng, and John Osbern in Yarmouth.
Marginal notes are appended to the above statements, affirming that bribery had been proved against this witness by four others, and that he stood alone in his testimony.
IX. John Tovy of Caister, where he has lived ever since he was born,agricultor, literatus, of free condition, twenty-four years old and more; cannot depose of his own knowledge to the bribery of John Rus and the others. He says John Rus was not present in the manor on the said Saturday, having to be at Yarmouth to provide victuals for the household. About eightA.M.witness conveyed to the said manor some linen, which his mother had washed, for she was Sir John’s washerwoman, and waited there, sometimes in the hall and sometimes in Sir John’s chamber, till after midday, but did not see John Rus or any of the others named, as he would have done if they had been present.
X. Thomas Hert of Caister,agricultor, who has lived there from his birth, illiterate, of free condition, twenty-three years old. Cannot depose to bribery except from hearsay. Was sent to Caister by his father on the Saturday before Fastolf’s death with capons to be sold to John Rus, purveyor of victuals for the household, but on inquiring for him, found he was absent, and delivered thecapons to Sir Thomas Howes. Waited till nineA.M.and saw neither Rus, Cutteler, Boteler, nor Robert Hert, but was told Rus was at Yarmouth, and Boteler sick in his chamber. John Symmys had nothing to do with the shoeing of Sir John’s horses that day. Was asked to bear witness in this cause a fortnight ago by Sir William Yelverton’s servant at Caister.
XI. William Shave, roper of Yarmouth, illiterate, of free condition, fifty-eight years old. On the Saturday before Fastolf’s death, was at the house of John Balle, at the sign of the Cock, in Yarmouth, in a parlour near the public street, when Sir Thomas Howes informed John Rus, there present, that he had been desired by John Paston to remit to him £20 of the price of a house sold to Rus by the said Thomas, and thereupon he remitted to him the said £20 and 5 marks, in which he was bound to Sir John Fastolf. He also promised him the lands of Akethorp Hall for 40 marks less than any other, provided he would favour the intention of Howes and Paston. [It is remarked in the margin that witness does not say what intention.] William Lynde, a servant of Sir John Fastolf, was present, besides others. He saw Russ and Cutteler that Saturday at Yarmouth, between nine and twelveA.M., and spoke with them and drank in the house of Thomas Lounde. As to Thomas Torald, witness was at Yarmouth one Saturday, when he heard Robert Cutteler and Torald conversing; and the former told the latter that Sir Thomas Howes loved him well, and that John Paston could do him much good, and in the name of Paston and Howes he promised Torald 20s.for his labour, besides expenses, if he would depose for them. Knows that on the Saturday before Fastolf’s death Bartholomew Elys was in Yarmouth from half-past eight to elevenA.M., for he and witness bought fish called roches together, sold some, and divided others in Elys’s house. That day he saw John Rus in Yarmouth several times every hour from seven to elevenA.M., for he was in the market-place all that time on his business, and at vespers he saw John Rus in the parish church of the said town. Next day, Sunday, he also saw him there at matins and at mass.
XII. Nicholas Chirche of Yarmouth, merchant,literatus, of free condition, forty years old and more. Testifies concerning a conversation held in John Balle’s parlour at the Cock in Yarmouth after the Christmas following Fastolf’s death, with Sir Thomas Howes, John Paston, John Rus, Friar Clement Felmyngham, Dan Robert Cutteler, Robert Boteler, Thomas Neve, and others, when Howes remitted to John Rus £20 of the price of a house he had sold him, and 5 marks of the arrears of his accounts. He also testifies to other acts of the same nature on that occasion, and to the absence of Rus and Cutteler at Yarmouth on the Saturday above referred to, &c.
[In the margin it is remarked that this witness has been proved corrupt by three others.]
On the 22d May John Naseby, proctor for Yelverton and Howes, produced as a witness one John Rugge, in presence of Master Robert Kent, Paston’s proctor.
XIII. Thomas Newton of Burgh,agricultor, illiterate, of free condition, fifty years old and more.
XIV. Thomas Spycer of Southtown, by Yarmouth, tailor, illiterate, of free condition, fifty years old and more.
XV. Thomas Neve of Jernemuth [Yarmouth], merchant,literatus, of free condition, forty years old and more.
XVI. John Rugge, mariner, of Yarmouth, illiterate, of free condition, fifty years old.
XVII. John Clerke of Gorlaston,agricultor, illiterate, of free condition, fifty years old. Heard Clement Felmyngham report to him at the Austin Friars in Southtown that Paston and Howes had given him a pension of 8 marks a year for life, and 40s.for his servant, to say masses for the soul of Sir John Fastolf. Cannot witness of bribery otherwise. A little after Michaelmas, two years before Fastolf’s death, William Worceter in Fastolf’s name delivered possession of six of his manors in Lodylond, viz. Spytlyng in Gorlaston, Bradwell Hall in Bradwell, Hadlounde in Bradwell, Calcotes in Freton, Beytons in Belton, and Akethorpe in Leystoft, to Sir Thomas Howes and others, his co-feoffees named in a charter of enfeoffment, to the use of Sir John during his life, and to execute his will afterwards. This he knows, because he rode with Howes to the said manors when he took possession, and saw and heard Worceter deliver possession thereof. Thomas Torald reported to witness in Lent last that Paston and Howes had promised and paid him 20s., besides his expenses, to give evidence in the proving of Fastolf’s will, and had given each of his fellow-witnesses as much.
XVIII. Robert Bunche of Yarmouth, mariner,literatus, of free condition, fifty years old. Swears to having seen John Rus that Saturday at Yarmouth between seven and eight. [AÂ marginal note says that being afterwards produced as a witness by Paston, he admitted having been suborned, and having deposed falsely.]
On the 22d July Yelverton’s proctor, Naseby, produced in presence of Paston’s proctor, Kent, two witnesses, viz.—Stephen Scrope, Esq., and Richard Fastolf.
XIX. Stephen Scrope, Esq., of free condition, seventy years old or about. Says he was several times with Sir John Fastolf in his manor of Caister within the two years before his death, when Sir John told him he had made his will, and had ordered his executors to erect a college of six or seven monks and seven poor men at Caister, and that they should have lands and goods to the value of 300 marks a year, if a license could be obtained from the King to that effect; otherwise that the number of monks at St. Benet’s should be increased, and seven poor men supported in the monastery. [In the margin it is remarked that this witness proves nothing against the accused witnesses, but only endeavours to depose concerning the will of the deceased.]
XX. Richard Fastolfe, of the parish of St. Mary Eldermary, in London, tailor, where he has lived for two years, and before that in the parish of St. Michael, Crokydlane, London, for a quarter of a year, formerly with the Duke of York,literatus, of free condition, thirty-two years old. Went to Caister about the Feast of the Exaltation of the Holy Cross preceding Fastolf’s death, along with one Thomas Plummer,scriptor, of London, now deceased. Found Sir John walking about his chamber led by two servants, when Plummer petitioned him to help deponent with goods that he might marry, as he was one of Sir John’s relations. To this Sir John made answer that he had within afew [days] preceding made his will, which he would not alter, and that he had made mention of deponent therein. He also said to Plummer that if he had come in good time, he should have written his will.
[Throughout all the above depositions will be found marginal comments in another hand, a few of which we have noticed incidentally, tending to show that the testimony given is insufficient to prove the bribery of Paston’s witnesses, or to invalidate their statements.]
‘Responsiones personaliter factæ per Johannem Paston, armigerum, xxixº die mensis Julii anno Domini MºCCCClxvto, Indictione xiijma, pontificatus sanctissimi in Christo patris et domini nostri, domini Pauli Divina providencia Papæ Secundi anno primo, in domo habitationis venerabilis mulieris Elisabethæ Venor in le Flete vulgariter nuncupat’ infra parochiam Sanctæ Brigidæ Virginis in suburbeis civitatis London’ situata, [et] x., xj., et xijmodiebus mensis Decembris anno Domini supradicto, Indictione xiiijma, pontificatus dicti sanctissimi patris domini Pauli Papæ Secundi anno secundo, in domo thesaurarii ecclesiæ Cathedralis Sancti Pauli London’ in parochia Sancti Gregorii civitatis London’ situata, coram venerabili viro Magistro Johanne Druell, utriusque juris doctore, commissario et examinatore in hac parte specialiter deputato, in præsentia mei, Nicholai Parker, notarii publici, scribæ in ea parte assumpti et deputati, de et super interrogatoriis per partem venerabilis viri domini Willelmi Yelverton militis et Willelmi Worceter, executorum testamenti domini Johannis Fastolf militis ministratis, productum.’
236.1[From PastonMSS., B.M.] The following examinations are contained in the same volume as the depositions of John Paston of which an abstract will be found inNo. 606. They begin at page 21, immediately after Paston’s depositions, a single blank page intervening.236.2By a singular mistake in the record, Sir William Yelverton is here spoken of as deceased instead of John Paston:— ‘per partem venerabilis viri domini Willelmi Yelverton militis defuncti contra testes Johannis Paston armigeri et domini Thomæ Howys.’ Yelverton certainly lived for some years after this, and was continued as judge by HenryVI.on his restoration (seeFoss), but John Paston died on the 26th May 1466.239.1South-Town, Yarmouth, sometimes called Little Yarmouth.240.1‘Quod dictis Johannes Paston apud Castre penultimo die Octobris ultimo præterito ad tres annos proxime elapsos sibi retulit.’ It would seem by this that Popy’s testimony must have been given within three years of Fastolf’s death.241.1The residences of every one of the witnesses are given from the time of his birth; but we have given these details only in one or two cases as specimens.
236.1[From PastonMSS., B.M.] The following examinations are contained in the same volume as the depositions of John Paston of which an abstract will be found inNo. 606. They begin at page 21, immediately after Paston’s depositions, a single blank page intervening.
236.2By a singular mistake in the record, Sir William Yelverton is here spoken of as deceased instead of John Paston:— ‘per partem venerabilis viri domini Willelmi Yelverton militis defuncti contra testes Johannis Paston armigeri et domini Thomæ Howys.’ Yelverton certainly lived for some years after this, and was continued as judge by HenryVI.on his restoration (seeFoss), but John Paston died on the 26th May 1466.
239.1South-Town, Yarmouth, sometimes called Little Yarmouth.
240.1‘Quod dictis Johannes Paston apud Castre penultimo die Octobris ultimo præterito ad tres annos proxime elapsos sibi retulit.’ It would seem by this that Popy’s testimony must have been given within three years of Fastolf’s death.
241.1The residences of every one of the witnesses are given from the time of his birth; but we have given these details only in one or two cases as specimens.
before that in the manor of Caster four yearstext unchanged: Gairdner’s usual spelling is “Caisterâ€
Extract from ‘An Index to Deeds and Writings in the Tower, Magdalen College, Oxford’
‘34. The testimony of Th. Howes concerning the testament of Sir John Fastolf, touching which controversies arose between John Paston the elder, and Thos. Howes of the one party, and William Yelverton, Knight, and William Worcetyr on the other.’
By the Kinge (Edward the Fourth)246.2
1466JULY 17
Trustyand welbeloved, we greet yow well, letting yow wete that our trusty and welbeloved knight Sir John Paston, our welbeloved William Paston, and Clement Paston, with other, have been before us and our councell worshipfully declared of the surmise of great charge that was laid on our behalfe unto John Paston deceased and them, jointly and severally; so that we hold them and every of them sufficiently declared in that matter, and take and repute them as gentlemen descended lineally of worshipfull blood sithen the Conquest hither; and over that, have commanded that plenare restitution of the manner of Castor, and of all other lands and tenements, with goods and cattell, that the said John Paston deceased had of the gift and purchase of Sir John Fastolfe, Knight, shall wholly be restored unto our said Knight Sir John Paston, like as the said John Paston deceased had in any time of his daies. Wherefore, in as much as our said Knight intendeth to make his abideing in Castor, we desire and pray yow that, for our sake and contemplation, ye will be friendly and neighbours unto him in his right; and such other things as may be to his profitt and ease, wherein ye shall do unto us full and good pleasure. Yeaven under our signet in our Castle at Windsore the xvijthday of July.
Subjoined to the above in Sandford’s Genealogy is ‘the coppie of a warrant sentfrom Kinge Edward the Fourth to restore Sir John Paston to the lands and possessions which he purchased of Sir John Fastolfe, whereof the originall remaineth in the custody of Edw. Paston, Esq.’ It is addressed ‘To all tenaunts, fermors, or occupiers of all the lands and tenements, and of every part of them, that late were John Paston’s, Esq., now deceased, by way of inheritance, or Agnes Paston, Margaret Paston, William Paston, and Clement Paston, or any of them, and to all such persons what so they be, now being in the manner or place of Castor, or in any lifelode that was the said John Paston, Esq., by way of gifte or purchase of late Sir John Fastolfe, or of any other, within our counties of Norff., Suff., and Norwich, and to all the tenants, fermors, baylies, or occupiers of the same, and of every part thereof; and to all mayers, shreves, eschetors, bayliffs, and other our officers, as well within franchise as without our counties aforesaid, hereing or seeing these our letters.’ The King mentions in this warrant that ‘great part of the said lands, tenements, and manors had been seized into our hands’; and the tenants, farmers, bailiffs, and occupiers of the said lands are charged thenceforth to pay the whole issues and profits thereof to Sir John Paston; and the mayors, sheriffs, escheators, and others the King’s officers are charged to be ‘assisting, helping, and strengthening.’ The warrant is ‘Yeven under our signet at Windsore, the xxvjthday of July, the sixth yeare of our reigne.’
246.1This letter is reprinted from theNorfolk Archæology, where it was first published by Mr. Worship from a transcript made by Sandford in hisMS.Genealogy of the Paston family, compiled in 1674. Sandford states that ‘the originall under the King’s seale remaineth in the custody of Edward Paston, Esq.’ The date is rendered certain by the warrant subjoined.246.2We have placed the words ‘Edward the Fourth’ in parentheses, though they are not so printed by Mr. Worship, and are probably not so written in Sandford’sMS., because we suspect that they were not in the text of the original document, but were added by Sandford by way of explanation.
246.1This letter is reprinted from theNorfolk Archæology, where it was first published by Mr. Worship from a transcript made by Sandford in hisMS.Genealogy of the Paston family, compiled in 1674. Sandford states that ‘the originall under the King’s seale remaineth in the custody of Edward Paston, Esq.’ The date is rendered certain by the warrant subjoined.
246.2We have placed the words ‘Edward the Fourth’ in parentheses, though they are not so printed by Mr. Worship, and are probably not so written in Sandford’sMS., because we suspect that they were not in the text of the original document, but were added by Sandford by way of explanation.
1466(?)JULY 20
Latter clause of a writ ofsupersedeasto an escheator directing him not to make inquisitionpost mortemon the lands of John ——, until further notice.Westminster, 20 July.
Latter clause of a writ ofsupersedeasto an escheator directing him not to make inquisitionpost mortemon the lands of John ——, until further notice.
Westminster, 20 July.
[From the time of year at which this writ is dated, it may have been issued after the death of John Paston, who died in May 1466, the inquisition on his lands not having been taken till October following. But it may possibly have applied to the lands of Sir John Fastolf, who died in November 1459, the inquisition after his death not having been taken till October 1460.]
247.1[From PastonMSS., B.M.]
The following document is derived from a transcript made by Sandford in the Genealogy mentioned inNo. 641, and some previous papers, and is likewise reprinted from Mr. Worship’s article. Prefixed to it in Sandford’sMS.are these words:— ‘The Briefe followinge was delivered to Edward Paston, Esq., amonge other evidence, by his uncle Clement Paston, and it is written in an old hand.’ It would appear, however, from the wording, not to be a ‘brief’ or abstract, as Sandford considered it,but an extract from some certificate made in the King’s name in behalf of Sir John Paston, setting forth what had been proved on examination as to the gentility of his ancestry.
Theyshewed divers great evidences and court rolles, how that they and their ancetors had been possessed of a court and seniory in the town of Paston, and of many and sundry bondmen, sithen the time that no mind is to the contrary; and how that Agnes Paston, wife to the said William Paston, father to the said John, William, and Clement, in title of her dower, is in possession of bondholders, and also of bondmen, whose ancetors have been bondmen to the ancetors of the said John Paston sithen the time that no minde is to the contrary. And they shewed divers fines, some leavyed in the time of the begining of the reigne of our noble progenitor, Edward the First, son of Kinge Henry, son of King John, of liveloude whereof they and theire ancetors have been possessed ever since to this day.
Also they shewed divers inquests which is matters of record. Also they shewed divers deeds and grants before time of mind, how that their ancetors had licence to have a chaplen and have divine service within them. And that divers of their ancetors had given lyvelyhood to houses of religion to be prayed for, and confirmacions under the Great Seale of our noble ancestor Kinge Henry the Third, son of Kinge John, confirming the same grants.
Also they shewed divers old deeds, some without date, insealed under autenticke seales, of divers particular purchases in the town of Paston, reciting in the said deeds that the land was holden of the ancetors of the said.  . .  .  .Paston, as of the chiefe lord of the fee, and by homage, and had ward, marriage and reliefe. Also they shewed how their ancestors were infeoffed in divers men’s mannors and lands in trust. Also they shewed a great multitude of old deeds, without date and with date, wherein their ancetors were alwaies sett first in witness, and before all other gentlemen. Also they shewed how their ancetors had, in old time and of late time, married with worshipfull gentlemen; and proved, by deeds of marriage and by other deeds, how their ancetors had indowedtheir wives, and by discents of livelyhood, and by testaments and wills of their ancestors under seale; and made open by evident proofe, how they and their ancetors came lineally descended of right noble and worshipfull blood, and of great lords, sometime liveing in this our realme of Ingland. And also they made open proofe how they were nere of kin and blood to many of the worshipfullest of the country, and also nere to many and sundry great estates and lords of this realme, and was openly proved and affirmed, without contradiction or proofe to the contrary.
They shewed how they had kept pl’ce with divers.  . .  .and with Plays that had wedded the Earle Warren’s daughter, the third yeare of Edward the First. They shewed a lineall discent, how their first ancetor, Wulstan, came out of France, and Sir William Glanvile together, his kinsman, that after founded the pryory of Bromholme by the towne of Paston and the towne of Bentley; and how Wulstan had issue Wulstan, which bare armes gould flowret azure; and how he had issue, Raffe and Robert; which Raffe, senior, bare armes as his father, and Robert the younger bare silver flowret azure. And Robert had issue Edmund and Walter; which Edmund the elder bare as his father; and his brother, because he married Glanvile’s daughter, a cheife indented gold, the field silver, flowret azure; and how their ancetors after bare with lesse number; and how Sir John Paston was heire to all those, for they died sans issue. And this was shewed by writinge of olde hand, and by old testaments and evidences.
1466SEPT. 16
Toall to whom this present writting xal come, I, Agnes Paston, late the wife of William Paston, Justice, send greting in God everlasting, lating hem know that I, the forseid Agnes, of goode and hole mende, the xvj. day ofSeptembre, the vj. yere of the reigne of Kyng E. the iiijthand the yere of our Lord a MlCCCClxvj., make and ordeyne my last will in al the maners, londes, tenementes, rentes, services, mesuages, and places, that ony person or persones bene seased of to myn use and behof with in Norwiche, Norffolk, Suffolk, Essex, Hertfordshere, or in any other shere with in Englond, praying and desiring al the personez so feffed to myn use, after this my will, writtyn and inceled under my seale, be shewed unto them, that they wol make astate to the persones lemited in my seid will according.
And inasmoche as myn husbond, whos soule God assoile, dyverse tymes, and specialy among other the day of the moneth, rehersed to me that the lyvelod whiche he had assigned to his ij. yongest, William and Clement, by his will in writting, was so littill that they mizt not leve thereon, withouzt they shuld hold the plowe to the tayle; and ferthermore, seying that he had dyvers oder maners, that is to say, the maner of Sporle, Sweynsthorp, and Bekham; which maner of Bekham he was purposed to chaunge with the maner of Pagrave; and if he myzt bring it abouzt, then xuld on of his ij. yongest sones have the seid maners of Sporle and Bekham, and no more, and the other yongest sone xuld have al the remenaunt. And he that had the maner of Sweynsthorp xuld be bound in a gret some to the prior of the Abbey of Norwiche, to paie dayly for ever to the monke that for that day singeth the masse of the Holy Goste in our Lady Chapell in Norwiche, where he purposed to leye his body, every day iiijd., to sing and pray for his sowle and myn, and al the sowles that he and I have hade any goode of or be beholdyn to pray for. And after that the ——250.1day of ————250.1next folowing my seid husbond lying seke in his bed, in the presens of John Paston, his sone and myn, John Bakton, John Dame, and of me, declared his will towching certein of his children and me, at whiche tyme he assigned to the seid John Paston the maner of Gressham in honde, and the revercion of suche lyvelode as he zave me after my decesse, askyng hym the question wheder he held hym not content so, seying to him in these termes, ‘Sir, andthow do not I doo, for I will not geve so mekyll to on that the remenaunt xal have to littill to leve on. At the whiche251.1.  .’
249.1[From PastonMSS., B.M.]250.1Blanks inMS.251.1Here the fragment ends at the bottom of a leaf written only on one side.
249.1[From PastonMSS., B.M.]
250.1Blanks inMS.
251.1Here the fragment ends at the bottom of a leaf written only on one side.
B.—And after that the —— day of the monethe my seyd husbond lyyng seke on hys bede sent for me, John Paston, Bakton, and John a Dame, to here hiis wyll rede; and in owr presens all he began to reede hiis wylle, and spak fyst of me, and assynyid to me the maners of Paston, Latymer, and Schypden and Ropers, in Crowmer, for terme of my lyffe, and the manerys of Merlyngforthe, Stonsted, and Horwelbury, whyche wasse myn owne enheritans, and Oxned, whyche wasse my jontor, and [prayd me to hold me contente so, for]251.3hadde do to lityll to ony it wasse to me, for somme he faryd the better, and so devedede (?) he ded for not of hem all, but he hadde more to care for, wyche myn as well as hys. And than he red John parte, and assynyd to hym and to hys wyffe the maner of Gressam, and after my desesse the maner of Oxned; and he, thynkyng by John Pastons demenyng that he wasse not plesyd because.  . .  .
C.—Swynne of slowyth that hiis wyll wasse not made up, but wot swm ever cwm of me, Dame, I wyll ze know my wyll, and seyd that swyche lond as he hadde not wrytyn in hiis wyll wott xwlde he do with all, he wold his ij. yongest sonnys, Wyllam and Clement, xwlde have, and owte of Sweynthorpe to have hiis perpetuell masse. And of thys prayd me to reporte recorde and berre wyttnesse; in qwyche disposicion and intent he continuyd in on to the day of hiis dethe, and Idarre rytgh largely deposse that that same wasse hiis last wyll the tyme of hiis dethe; qwyche wyll immediatly after my husbondes decesse I hopynd and declaryd to John Paston and al the other executores of my husbond, desyeryng hem to have performyd it. And the seyd John Paston wold in no wysse agree ther to, seyying that by the lawe the seyd manerys xulde be hiis, in as moche as my husbonde made no wyll of hem in wrytyn, and gatte the dedis owte of my possession and estat of the feffees in the seyde manerys, myn unknowyng.
And after that swyche tresowre of my husbons as wasse leyde in the Abbey of Norwyche by the seyd John Paston, John Bakton, John Dam, and me, to delyvere azen to us all, the seyde John Paston owte of the seyde Abbey unknowyn to the priour or ony oder person of the seyde Abbey, and withowte my wetyn[g] and assente, or ony of owre felawys, toke and bare awey all, and kepyng it styll azens my wyll and all the tother executores wyllys, nothere restoryng the seid Wyllam and Clement to the forseyd land, nother recompensyng them of my husbonds tresor, and ordeynyng for my husbonds sowle in havyng of hiis perpetuell masse acordyng to his wyll. Werfor, in as moche as I know and understonde verrely that it wasse my husbonds wyll the tyme of hys dethe, that the seyd Wyllam and Clement xwlde have the seyd manerys of Sporle, Sweynsthorp, and Bekham, and the annuyte for hys perpetuell masse to be going owte of the seyde maner of Sweynthorp, and that the possessioners of the seyd manerys at thys day wyll in no wysse by any fayer menez or spekyng tender my seyd husbonds sowle and myn, ner perform the wyll of my seyd husbond, IÂ wyll have and xall by the gras[e] of swyche lyvelode as I have in my possession, that is for to sey, the maners of Stonsted, Marlyngforthe, and Horwellbury, that swm tym wasse my faders and my moders, and cwm on to me by them as myn enheritance. And after my decesse if I wolde soffer it to desend, xwld goo to the wronge possessioners of the seyd manerys of Sporle, Sweynsthorp, and Bekham, qwyche xall not be lettyd for me, but if it be thorow her owne defaute, make, sta[b]lesse and ordeyn myn husbonds perpetuell masse and myn, and of the remenaunt, as swerly ascan be made by the lawe, IÂ wyll the seyd Wyllam and Clement be recompensyd to the valew of the seyde manerys of Sporle, Sweynthorpe, and Bekkam, zerly [yearly], on to the tyme that they be restoryd to the forseyd manerys of Sporle, Sweynthorp, and Bekkam, in lik forme, and lyke astat as xall be afterwards lymytyd in thys my last253.1[will; chargyng and requiryng the seyd Wyllam and Clement that after that they be restoryd to the manerys of Sporle, Sweynsthorp, and Bekam, they restore myn heyres to Marlyngforthe, Stons[ted], and Orwelbury.]
251.2[From PastonMSS.] The following appear to be three separate fragments of an original draft of Agnes Paston’s will, written on two sides of a small scrap of paper. Two of these fragments have the letters B and D prefixed to them, showing that they were intended as insertions in a part of the text now lost.251.3These words are struck through with the pen.253.1The word ‘will’ is omitted in theMS., and the words ‘my last’ repeated. What follows is crossed out.
251.2[From PastonMSS.] The following appear to be three separate fragments of an original draft of Agnes Paston’s will, written on two sides of a small scrap of paper. Two of these fragments have the letters B and D prefixed to them, showing that they were intended as insertions in a part of the text now lost.
251.3These words are struck through with the pen.
253.1The word ‘will’ is omitted in theMS., and the words ‘my last’ repeated. What follows is crossed out.
In the Paston Genealogy drawn up by Sandford, to which we have several times before alluded, occurs another extract from the will of Agnes Paston, as follows:—‘Also I bequeath to the Whight Fryers of the said city of Norwich, for I am there a suster, to helpe to pay hir [their] debts, xxli., which I will be gathered of the arrerage of my lyvelode. Also I bequeath to the auter of Gracion of the said House, whereas mine husband and I have a perpetuall masse, a vestment which they have for a prist to judge in or [of ?] rede satern. Also to the mendinge of the chappell of our Ladie within the said place, whereas Sir Thomas Gerbrege, my grandfather, and Dame Elizabeth his wife, and Sir Edmond Berrye my father, and Dame Alice his wife, be buried, and Clement Paston my sonn.’
In the Paston Genealogy drawn up by Sandford, to which we have several times before alluded, occurs another extract from the will of Agnes Paston, as follows:—
‘Also I bequeath to the Whight Fryers of the said city of Norwich, for I am there a suster, to helpe to pay hir [their] debts, xxli., which I will be gathered of the arrerage of my lyvelode. Also I bequeath to the auter of Gracion of the said House, whereas mine husband and I have a perpetuall masse, a vestment which they have for a prist to judge in or [of ?] rede satern. Also to the mendinge of the chappell of our Ladie within the said place, whereas Sir Thomas Gerbrege, my grandfather, and Dame Elizabeth his wife, and Sir Edmond Berrye my father, and Dame Alice his wife, be buried, and Clement Paston my sonn.’
Onthe Thurseday at nyght before Our Ladys Day the Assumpcion,253.3betwixt xj. and xij. of the clokk, in the yer of Our Lord God MCCCC. and xliiij., the Sondays lettre on the D., died my husbond, God assoyle hissowle. And on the Fryday after I sent for John Paston, John Dam, &c. And on the Wedynysday after cam John Paston, &c. And on the Fryday John Paston, John Dam and I yede into the chambre, and they desyred of me to see the wyll. IÂ lete them see it. And John Dam redde it; and when he had redde it, John Paston walkyd up and down in the chambere. John Dam and I knelyd at the beddys fete.
253.2[From Fenn, iii. 15.] The following memorandum relative to the death of her husband was written by Agnes Paston, probably about the time she made her will.253.3The Assumption of Our Lady was the 15th August.
253.2[From Fenn, iii. 15.] The following memorandum relative to the death of her husband was written by Agnes Paston, probably about the time she made her will.
253.3The Assumption of Our Lady was the 15th August.
Roll of paper containing a draft in English of part of the inquisition on the death of John Paston, relating more especially to the foundation of Fastolf’s college. In the latter part the jury find that John Paston died on the 22nd May254.2last, and that Sir John Paston, Knight, is his son and next heir, and is of the age of 24 years and more.₠Copies of the original inquisition, as returned into Chancery, and of that on the death of Sir John Fastolf, exist among the PastonMSS.in the Bodleian Library.
Roll of paper containing a draft in English of part of the inquisition on the death of John Paston, relating more especially to the foundation of Fastolf’s college. In the latter part the jury find that John Paston died on the 22nd May254.2last, and that Sir John Paston, Knight, is his son and next heir, and is of the age of 24 years and more.
â‚ Copies of the original inquisition, as returned into Chancery, and of that on the death of Sir John Fastolf, exist among the PastonMSS.in the Bodleian Library.
254.1[Addit. Roll, 17,258, B.M.]254.2The date in the inquisition returned into Chancery (6 Edw.IV., No. 44) is 21st May.
254.1[Addit. Roll, 17,258, B.M.]
254.2The date in the inquisition returned into Chancery (6 Edw.IV., No. 44) is 21st May.
To my ryght wyrshypfull mayster, Sir John Paston, Knyzt, be thys letter delyveryd in hast.
1466OCT. 29
I Â grytteyou well, and send you God ys blessyng and myn, desyryng you to send me werd how that ye spede in youre maters, for I thynk ryght leng tyll I here tydyngys from you; and in alwyse I avyse you for to be ware that ye kepe wysly your wrytyngys that ben of charge, that it com not in her [their] handys that may hurt you herafter. Your fader, wham God assole, in hys trobyll seson set moreby hys wrytyngys and evydens than he dede by any of hys moveabell godys. Remember that yf the wer had from you, ye kowd never gyte no moo such as the be for your parte, &c.
Item, I wold ye shold take hyde that yf any processe com owte a yenst me, or a yenst any of tho that wer endyted a fore the coroner, that I myght have knowlych therof, and to purvey a remedy therfor.
Item, as for your fader ys wyll, I wold ye shold take ryght gode counsell therin, as I am enformyd it may be prevyd, thogh no man take no charge thys twelfmonth. Ye may have a letter of mynystracyon to such as ye wyll, and mynyster the godys and take no charge. IÂ avyse you that ye in no wyse take no charge therof tyll ye know more than ye doo yet; for ye may verely knowe by that your unkell Will. seyd to you and to me, that thay wyll lay the charge uppon you and me for moo thyngys then ys exprest in your fader ys wyll, the whych shud be to grete for you or me to bere; but as for me, IÂ will not be to hesty to take it uppon me, IÂ ensure you.
And at the reverens of God, spede your maters so thys terme, that we may be in rest herafter, and lette not for no labour for the season, and remember the grete cost and charge that we have had hedyr toward, and thynk verely it may not lenge endur. Ye know what ye left when ye wer last at hom, and wyte it verely ther ys no mor in thys countray to bere owte no charge with. IÂ awyse you enquer wysely yf ye canne gyte any more ther as ye be, for els by my feth I feer els it will not be well with ous; and send me word in hast hough ye doo, and whether ye have your laste dedys that ye fayled, for playnly they er not in thys contrey. It ys told me in consell that Ric. Calle hath nyer conqueryd your uncle Will. with fayre promyse twochyng hys lyflode and other thyngs, the whych shold prevayll hym gretly, as he sayth. Be ware of hym and of hys felowe be myn avyse. God sende you gode spede in all your maters.
Wryten at Caster, the moreu next after Symon and Jude, wher as I wold not be at thys tyme but for your sake, so mot I ches.By your Moder.
254.3[From Fenn, iv. 272.] The date of this letter is shown by the contents to be shortly after John Paston the father’s death, probably in the same year.
Sir James Gloys to Sir John Paston
1466(?)NOV. 10
Was at Snaylwell on Sunday, but could get no money. Most of the tenants away at Canterbury or elsewhere. The rest said when you were there last you had given them till Candlemas, ‘so that thei myght malt ther corn and brynge it to the best preffe.’ Warned them to be ready by Tuesday before St. Edmond the King, when Richard Calle would visit them. A thrifty man beside Bery is willing to take the farm; but every one says the last farmer was undone by it. Advises Paston not to overcharge his farms. I have seen Catelyn’s corn, and your tenants say it is sufficient to content you. Your shepherd wishes to know if you will continue him, for no one has spoken to him since my master your father died. Men of Fordham have occupied your ground these two years that my master has been in trouble. I think you should speak to my Lord of Worcester, as he and Woodhous are lords of the town. I have bid the farmers at Snaylwell sow some wheat land, and have warned the tenants at Sporle, Pagrave, and Cressingham to be ready to pay. Advises him to keep up his place at Langham’s. If ‘my master’ had lived he would have exchanged it for the parsonage. Supped on Monday night at a place of the Duke of Suffolk’s with the parson of Causton, a chaplain of the Duchess, ‘and they talked sore of my Lady’s bargain, and were right sorry that she should forsake it.’ The parson asserted that the feoffees had put her in possession of the manors. Talk over this with your counsel; for if the feoffees be compelled to release in Chancery it will be nought, because of the estate they made before; so when you expect to be most quiet you will be most troubled. There was also the parson of Brampston, and he said W. Yelverton had sent a letter to the bailiff he has set at Guton, but what it meant I could not find out. W. Yelverton has put the parson of Heynford out of his farm. I did not speak with your mother before writing this, as she was at Caister.Norwich, St. Martin’s Even.
Was at Snaylwell on Sunday, but could get no money. Most of the tenants away at Canterbury or elsewhere. The rest said when you were there last you had given them till Candlemas, ‘so that thei myght malt ther corn and brynge it to the best preffe.’ Warned them to be ready by Tuesday before St. Edmond the King, when Richard Calle would visit them. A thrifty man beside Bery is willing to take the farm; but every one says the last farmer was undone by it. Advises Paston not to overcharge his farms. I have seen Catelyn’s corn, and your tenants say it is sufficient to content you. Your shepherd wishes to know if you will continue him, for no one has spoken to him since my master your father died. Men of Fordham have occupied your ground these two years that my master has been in trouble. I think you should speak to my Lord of Worcester, as he and Woodhous are lords of the town. I have bid the farmers at Snaylwell sow some wheat land, and have warned the tenants at Sporle, Pagrave, and Cressingham to be ready to pay. Advises him to keep up his place at Langham’s. If ‘my master’ had lived he would have exchanged it for the parsonage. Supped on Monday night at a place of the Duke of Suffolk’s with the parson of Causton, a chaplain of the Duchess, ‘and they talked sore of my Lady’s bargain, and were right sorry that she should forsake it.’ The parson asserted that the feoffees had put her in possession of the manors. Talk over this with your counsel; for if the feoffees be compelled to release in Chancery it will be nought, because of the estate they made before; so when you expect to be most quiet you will be most troubled. There was also the parson of Brampston, and he said W. Yelverton had sent a letter to the bailiff he has set at Guton, but what it meant I could not find out. W. Yelverton has put the parson of Heynford out of his farm. I did not speak with your mother before writing this, as she was at Caister.
Norwich, St. Martin’s Even.
From the mention of John Paston the father as dead, and the trouble he had been in for two years, it would appear that this letter must have been written in 1466, the year of his death. The letter is endorsed in a contemporary hand: ‘Literæ anno vj. et vij. Edwardi iiijti.’
256.1[From PastonMSS., B.M.]
Thomas Grene to William Yelverton, Esq.
1466DEC. 22