The Paston Letters Volume Iv Part 44

CCClxij_li._

Item, idem Johannes Paston cepit consimili modo de bonis dicti militis traditis Willelmo Worcetyr ad custodiendum, dicto mense Novembris, videlicet London, apud domum dicti Thome Plummer, ultra Cxl_li._ per dictum Worcestre solutas pro panno nigro pro liberatis togarum datis erga funeralia dicti militis, et pro serico pro baneretis pictis c.u.m armis, necnon pro vino et speciebus, videlicet viij^{c.}j. n.o.bilia antiqua boni et justi ponderis, precium n.o.bile viij_s._ iiij_d._, iij^{c.}x.x.xiij_li._ xv_s._ Et liberantur dicto Johanni Paston per ma.n.u.s dicti Thome Howys, London, de moneta tradita in custodia dicti Thome Plummer lxij_li._ xj_s._ iiij_d._; pro toto

CCCiiij^{xx.}xvj_li._ vj_s._ iiij_d._

Item, dictus Johannes Paston cepit consimili modo de Willelmo Worcestre certa notabilia monilia et jocalia auri c.u.m lapidibus preciosis garnizata, videlicet unum monile ditissimum vocata Anglice _a White Rose_ nuper domini ducis Eborum[233.1] c.u.m magno precioso lapide vocato _a poynted dyamant_, qui in prima empcione constabat, ut dicitur iiij^or m^l. marcarum, ac alia duo jocalia nuper dicti domini ducis tradita in plegio quando dictus Johannes Fastolf obligatus fuit pro dicto duce in tribus milibus libris executoribus cardinalis Anglie[233.2] super certis denariis prest.i.tis dicto duci, et unde idem, dominus dux debebat dicto Johanni Fastolf in denariis prest.i.tis CCCClxvj_li._ xiij_s._ iiij_d._ Et pro aliis justis causis CClxvj_li._ xiij_s._ iiij_d._ Et predicta tria jocalia per a.s.sensum dicti domini ducis sub sigillo armorum in scriptis tradita a.s.signata fuerunt dicto Johanni Fastolf ut bona sua propria ad vendendum et disponendum in recompensacione debiti sui et aliis magnis laboribus et vexacionibus dicti militis pro dicto duce sustentatis et habitis dum modo loc.u.m tenens pro Rege fuit in Francia, ac postea in Anglia vij^{c.}x.x.xiij_li._ vj_s._ viij_d._

Item, predictus Johannes Paston recepit exitus et proficua omnium maneriorum, terrarum et tenementorum dicti militis in comitatibus Norffolk, Suffolk, Ess.e.x et Surrie per ma.n.u.s ministrorum et servorum sine consensu executorum dicti militis, diversis annis ex quo obiit, per propinquam estimacionem m^{l.}vj{c.}lxvj_li._ xiij_s._ iiij_d._

Item, dictus Johannes Paston recepit diversa alia catalla et bestias dicti militis, videlicet equos et palefridos princ.i.p.ales suos valoris x.x.x_li._ ac oves et animalia minuta cubancia in pasturis de Castre et aliis maneriis, videlicet ij^{m.}iiij^{c.}lvj. oves diversorum generum precium capitis xiiij_d._ Cxliij_li._ v_s._ iiij_d._ Et in precio xiij.

magnarum bestiarum vj_li._ Et in valore vj^m. cuniculorum apud Warennam de Haylysdon anno quo dictus miles obiit per Warennarios ibidem per propinquam estimacionem a.s.sessatos precium m^l. xv_s._, xlv_li._ Similiter in precio vellerum lane ovium de stauro suo apud Haylysdon ante obitum suum remanencium, xxvj_li._ xiij_s._ iiij_d._ per ipsum recept'

CCl_li._ xviij_s._ viij_d._

Item, idem Johannes Paston recepit apud Castre predictam stuffuram et ordinacionem pro defensione patrie in artilleria, videlicet colubrinas librillas[234.1] diversorum magnitudinum c.u.m cameris in decem carectis oneratis ac in cura.s.sys, brigandinis jakkis, salectis, basnetes, habourjonnys, lanceis, crossebowes de calibe [_chalybe_], longbowes, arcubus, sagittis, gonnepowder, gonnestonys, et cetera hujusmodi defensibilia valoris Cl_li._

Item, recepit apud Castre per supervisum dicti Thome Howys in valore librorum pertinencium capelle ac in utenciliis garderobe dicti militis ibidem, videlicet in costeris et lectis de pluma et coopertoria de arras et tapestria ac penulis de martys c.u.m togis necnon utencilia aule camerarum coquine et cetera hujusmodi, ut per billam de particulis patet, Cxxj_li._ vij_s._ iiij_d._ Et simili modo de utenciliis Warderobe et camerarum remanencium apud manerium suum in Suthwerk, valoris xx_li._, Cxlj_li._ vij_s._ iiij_d._

Item, dictus Johannes recepit per ma.n.u.s dicti Thome Howys, Willelmi Paston, Thome Playter, Thome Plummer de London, scryvaner, Christofori Hansson armigeri et Luce Nantron ad diversas vices tam Londoniis quam in Suthwerk, ut patet per billam de parcellis, Ciiij_li._ xj_s._ viij_d._

Item, idem Willelmus Worcestre mense Julii anno v^to regni Regis Edwardi quarti solvit uxori dicti Thome Plumer pro debito dicti Johannis Paston ut pro panno nigro ac prest.i.ta facta et liberaciones argenti fact' suo mandato diversis personis, x.x.xij_li._

Item, idem Johannes recepit in valore et precio panni lanei nigri coloris per ipsum dati diversis hominibus de affinitate sua propria, ultra Clij_li._ ut in precio panni lanei nigri coloris provisi et dati amicis et servientibus dicti Johannis Fastolf erga funeralia sua tenenda, xl_li._ Et similiter idem Johannes Paston fecit prefatum Thomam Howys exponere et tradere diversis hominibus in regardis et solucionibus circa propria negocia dicti Paston expedienda London' et alibi x.x.x_li._ xvj_s._ j_d._ Et consimiliter idem Johannes fecit dictum Thomam exponere et solvere in expensis victualium hospicii tenti apud Castre anno primo quo idem miles obiit, tam circa extraneos et notos supervenientes de affinitate et amicicia sua sine causa apud Castre Maner trahentes ibidem moram inutilem, ad summam iiij^{xx.}x_li._, prout evidenter patebit per certam declaracionem, Clx_li._ xvj_s._ j_d._

Item, ultra predicta bona sic sibi applicata, prefatus Johannes Paston pretendebat habere et possidere, sine racione et scripto autentiquo, omnia dominia, terras et tenementa dicti militis in comitatibus, Norffolk, Suffolk et Norwico, ac sine solucione alicujus summe que constabant dicto militi in prima empcione ultra edifficaciones et repparaciones dictorum maneriorum, ix^{ml.}viij^{c.}_li._

Item, considerandum est quod, ultra dictas perquisiciones, edifficacio manerii de Castre velut fortalicium defensionis patrie constabat in triginta annis vj^{ml.}_li._ Et edifficacio manerii de Haylysdon, c.u.m clausura bosci et warenne, ac edifficacione duarum domorum vocatarum _lez logges_ apud Haylysdon et Drayton, v^{c.}xlviij_li._ xiij_s._ iiij_d._ Et custus imparcacionis parci in Cotton c.u.m repparacione manerii iiij^{c.}_li._ Et repparacio princ.i.p.alis mesuagii sui in villa de Jernemouth CC_li._ Edifficacio et repparacio tenementorum suorum in civitate Norwici CCxl_li._

vij^{ml.}CCCiiij^{xx.}viij_li._ xiij_s._ iiij_d._

Item, ultra ista, prefatus Johannes Paston retinet in custodia sua princ.i.p.ales evidencias maneriorum dicti militis vocatorum Dedham Netherhall et Dedham Overhall in comitatu Ess.e.x; que quidem maneria, in defectu dictarum evidenciarum per ipsum non prosequutorum a tempore obitus dicti militis pro recuperacione eorundem, et hucusque, existunt extra possessionem, in maximum prejudicium defuncti, pro eo quod dictum manerium vocatum Dedham Netherhall constabat dicto militi in prima empcione m^{l.}_li._, et predictum manerium vocatum Dedham Overhall Clx_li._ Et exitus et proficua dictorum maneriorum que ad ma.n.u.s executorum dicti militis medio tempore non devenerunt secundum ratam xl_li._ per annum ascendunt ad CCiiij^{xx.}_li._ Sic in toto,

m^{l.}iiij^c. xl_li._

[Footnote 231.2: [From a MS. in the Tower of Magd. College, Oxford.] This is a paper drawn up by William Worcester after John Paston's death in 1466. The errors in grammar are characteristic of the writer.]

[Footnote 233.1: Richard, Duke of York, father of Edward IV.]

[Footnote 233.2: Probably Cardinal Beaufort; but it may be Cardinal Kemp.]

[Footnote 234.1: _colubrinas librillas_, _i.e._ culverins.]

[[Item, predictus Johannes Paston ...

m^{l.}vj{c.}lxvj_li._ xiij_s._ iiij_d._ _"c." (100) printed as subscript_]]

639

ABSTRACT[236.1]

EXAMINATIONS TOUCHING SIR JOHN FASTOLF'S WILL

[Sidenote: 1466 / MAY and JUNE]

A.D. 1466. The following witnesses were examined secretly and apart on behalf of Sir William Yelverton, 'deceased,'[236.2] in the house of the treasurer of St. Paul's Cathedral by John Druell, LL.D.:--

May 17. John Monke _alias_ Smyth.

19. John Dawson and John Gyrdyng.

20. William Boswell, Robert Inglys, Ric. Horne, and Thos.

Pykeryng.

21. Henry Clerke, John Tovy, Thos. Hert, William Shawe, and Nich. Cherche.

22. Thos. Newton, Th. Spycer, and Thos. Neve.

23. John Rugge, John Clerke, and Rob. Bunche.

June 10. Stephen Scrope.

11. Ric. Fastolf.

I. John Monke, a smith of the parish of St. James, Pokethorpe, in Norwich, illiterate, of free condition, thirty-two years old and over, alleges bribery of witnesses by Paston and Howys, who offered to sell John Russe lands at Leystofte at little more than half their value.

Howes made Russe a present of salt, barley, and malt to the value of 20, and promised him a full discharge of his account for goods of the testator in his custody to the value of 200 and over. He paid Robert Cutteler, vicar of Caster, 'colore cujusdam ultimi _vale_ dicti testatoris prius non debite' (_sic_), money and corn to the value of 20 marks, and promised to present him to the living of Mawdeby whenever Thomas Howse resigned it. They gave Felmyngham an annuity of 8 marks, and 40s. to a boy who is his servant. They gave Robert Boteler a fee (_feodum_) of 5 marks [a year] for life, and the farm of a close called Mawdeby close, besides some other gifts which are specified. Hence the said John Russe, Rob. Cutteler, Clement Felmyngham, and Rob. b.u.t.teler, falsely deposed in answer to the second interrogatory that on the Sat.u.r.day before the testator's death they were present in a certain low room (_ba.s.sa camera_) in the manor of Caister, where the testator was princ.i.p.ally between the hours of 8 and 11 A.M., and that with them were the said John Paston and John Brakley, and no others; for in reality there were present in the chamber with the testator on that day, and especially during those hours, the said Rob. Fitzrauf, Nich. Newman, and John Loer continually, and the said Dan John Davye, Dan Thomas Howys, Friar John Bernard, physician, and Henry Barbour, and several others [at intervals]. Moreover, Cutteler, Felmyngham, and b.u.t.teler, said Russe was present on that occasion, whereas both he and Cutteler were in other places. Moreover, bribes were given by Paston and Howes in various forms during the months of January, February, and March 1462[-3], and at other times in the parishes of Caister and Yarmouth, and in the city of London, to Ralph Lampet, brother William Bukenham, and the said Rob.

Cutteler. Paston promised to promote Bukenham to the priory of Yarmouth, and also, as a reward for his testimony, to give him 13 acres of the testator's land in Scroudby and Caister called Isabell, to the use of the prior and convent of Norwich. Hence the testimony of these witnesses was false, that Fastolf, about the beginning of Autumn five years ago, had made to John Paston estate and feoffment and livery of seisin of his manor of Caister, and other lands in Cos. Norf. and Suff., and the city of Norwich, to the use of the said testator while he lived, and afterwards to that of the said John Paston and his heirs; for if any such thing was done (which is not admitted) it was on the 16th October 1457, in the 36th year of Henry VI., after the Autumn of the said year, and not to the use of Paston and his heirs, but to the use of Fastolf himself, and for the accomplishment of his will. Further, the testimony of Russe, Cutteler, Bukenham, Felmyngham, and b.u.t.teler was untrue as to the alleged will of Fastolf that John Paston should obtain the King's license for the foundation of a college at Caister. It was in truth Fastolf's will that the executors should obtain the King's license to found a college there of seven Benedictine monks of the same profession as the monastery of St. Benet at Hulme, of whom one should be prior, and of seven poor men, and that they should be endowed out of his lands to the extent of 300 marks a year, all charges deducted, to pray for the soul of Lady Milicent, his wife, his parents and benefactors; and if the executors were unable to obtain this license, they were to give the abbot and convent of St. Benet's lands and money for the maintenance of six new monks and seven poor men in that monastery with a like object.

Further, it is not true as alleged that on Sat.u.r.day before his death, viz., 3rd Nov., between eight and eleven A.M., the testator openly declared his will with a clear voice in the hearing of bystanders, for he was so ill and weak from want of breath that he was unable to speak distinctly at any time that whole day, especially during the hours above mentioned.

Moreover, bribes were offered by Paston and Howes in May and June 1465, in the parishes of Caister and Yarmouth, and in the city of London, to Thomas Thorald, Robert Lawes, Will. Waterman, John Osbern, John Heydon, Will. Pykeryng, John Symmys, and John Shawe, for their testimony in this matter, viz. that they should have 20s. besides travelling expenses and divers other sums which were offered to them in Paston's name by Cutteler, vicar of Caister, and Ric. Calle; and John Paston promised the said William Pykeryng that he should recover certain lands in the tenure of his brother John Pykeryng, in Fylby, to the value of 40s. Influenced by these bribes, Thos. Thorald deposed that on the Sat.u.r.day before Fastolf's death, Bartholomew Elys and John Davys came to his house in Belton, two miles and more from Yarmouth, about eight A.M., when he was in his grange, and asked him to come with them to divers manors of the said Sir John, to receive certain grain from his farmers; after which they drank in Thorald's house, and he went with them to Freton, and to the manor called Calcote hall, and other places in Lothynlond until midday. Robert Lawes also deposed that on Friday before Fastolf's death he went to Becclys, and next day, viz. Sat.u.r.day, returning homeward (_rediens domorsum_), met on the way the said Bartholomew Elis, John Davy, and Thomas Thorald going to Freton, when Davy called him and bade him tell Thomas Howys or John Rus that on Monday or Tuesday next he would go to Caister and give an account of his stewards.h.i.+p. Afterwards, about two P.M., Lawes came to Caister and told John Rus his business in the absence of Howys. But the said William Waterman, being bribed as aforesaid, falsely declares that on the Sat.u.r.day before Fastolf's death Barth. Elys and John Davy came to his house at Gorlyston about seven A.M., and that he went with them to Thorald's house, and that they went and spoke with Thorald at the grange while he waited for them at the gate. Afterwards they all entered the hall of Thomas Thorald and drank beer together, and all four went together to Calcote-halle and waited there till ten A.M., when Watyrman left the other three and returned home. And about two P.M. Elys and Davy returned and drank beer at Watyrman's house. But the truth is that Elys and Davy were at Yarmouth that day from seven till past eleven A.M.

Further, John Osberne, Will. Pykerynge, and John Heydon were corrupt witnesses. John Osberne said that on Sat.u.r.day before the Feast of St.

Leonard, when Fastolf was ill of his last illness, the said Osberne, Pykerynge, and Heydon came to Caister to receive certain monies of John Rus for barley sold to him by Osberne; that about eight A.M. they entered the hall of the manor and found Robert Hert and others, servants of Fastolf, sitting at breakfast; and that John Russe immediately came to Osberne and talked to him about the payment. At last Russe took them into the _claustrum_, and leaving them, entered Fastolf's chamber; then, after remaining two hours and more, returned into the _claustrum_ and delivered the money to Osbern. This testimony was confirmed by Heydon and Pykeryng; but the truth is that Russe that Sat.u.r.day, from seven till near twelve o'clock (_a principio horae septimae usque ad finem horae undecimae_), and Robert Hert from seven to ten A.M., were at Yarmouth, three miles off.

Further, John Symmys and John Shawe were corrupt witnesses, the former saying that Robert Hert was present in the said manor-house of Caister at eight A.M. on the said day, and even at nine o'clock at dinner-time (_tempore prandii_), and that he saw the said Robert Hert sitting among Fastolf's other servants at breakfast (_jentaculum_); and that he (Symmys) and Henry Wynstall, Fastolf's barber, were occupied together in shoeing horses in the said manor from breakfast-time aforesaid to dinner-time, and that at dinner-time Symmys saw the said Henry sitting in the hall with others; and that on the said Sat.u.r.day, about eight A.M., and even at noon, Symmys saw John Rus in the hall of the said manor. Also John Shawe deposed that on the Sat.u.r.day before Fastolf's death he saw John Rus and Henry Wynstall in the hall of the said manor, both at eight A.M. at breakfast and at dinner at midday, and he also saw Robert Hert, porter at the gate of the manor, at those hours; and that between breakfast and dinner Shawe and Wynstall were occupied along with John Symmys in shoeing Sir John's horses. But the truth is that both Rus and Hert were absent as above-mentioned, and Wynstall was with Fastolf in his chamber from nine A.M. to half-past ten. Also Symmys, William Pykeryng, Heydon, Osberne, and Lawes were all absent the whole of that Sat.u.r.day, and certainly between eight and eleven A.M. And notwithstanding that the contrary is alleged against them, John Davy, Barth. Elys, John Bokkyng, John Davy, chaplain, Thos. Upton, Nich.

Newman, John Loer, Wm. Eton, Robert Lynne, John Marshall, Wm. Lynne, Henry Wynstall, Robert Hert, and Robert Fitzrauff, gave honest testimony in behalf of Yelverton and Worceter, being men of good repute, sufficiently rich, and well worthy of credit.

Additional exceptions on the part of Yelverton and Worcester to the testimony of John Rus and Clement Felmyngham, showing that Paston had offered to let to the former a tenement in Yarmouth for less than its true value, and had promised the latter 100 marks for the Austin Friars at South-Town,[239.1] which was not bequeathed in Fastolf's will; also that he had given Master Robert Popy, besides his expenses, 20 marks for his testimony, and remitted to him 10_s._ of the rent of a fishery which was five years in arrear, and that he had also released to him 40 marks of a penalty of 100 marks due by Popy upon a bond; in consequence of which Popy deposed that on the 30th October three years previously,[240.1] John Paston had reported to him at Caister that he had made an agreement with Fastolf by which he was to have all Fastolf's lands in Norfolk, Suffolk, and the city of Norwich, after his death, paying for the same 4000 marks, and was to found a college in the manor, etc.; on hearing which Popy returned to Fastolf, and related to him what Paston had said to him, and Sir John confirmed it, requesting him to show the same goodwill towards Paston, as he had done to himself. But in truth Fastolf never a.s.serted or confirmed any such thing.

Answers to interrogatories by the same deponent, viz.--1. As to his knowledge of the parties and witnesses.

2. As to the alleged instances of bribery, and the absence of Rus on the day referred to. The latter fact deponent says he knows, because he and Rus lay together in the chamber of Thomas Howys, and on Friday before Fastolf's death Rus went to Yarmouth to buy victuals, and left with him the key of the chamber, Howys being then at Blowfeld; and Rus remained at Yarmouth all that Friday and the Sat.u.r.day following, and returned on Sunday.

4. As to the condition of Fastolf on the Sat.u.r.day before his death. He was so weak for want of breath that he could not speak distinctly; those about him could not hear what he said without inclining their ears to his mouth, and even then they could hardly understand him. And this deponent says he knows, because on Friday and Sat.u.r.day before his death he was frequently in Sir John's chamber, and when people spoke to him to comfort him in his illness he only answered by sighs, so that deponent and others could not tell what he meant. Moreover, Sir John was accustomed when in health daily to say certain prayers with his chaplain, but on that day the chaplain said the service alone, while Fastolf lay on his bed and said nothing.

6. As to Russe and Hert being at Yarmouth, he says he heard Thomas Howys that Sat.u.r.day morning order the latter to take horse and ride thither to get provisions for the household, and he saw him ride out of the manor accordingly about seven A.M., and also saw him return with the provisions about ten A.M. [In the margin here is written 'Nit.i.tur deponere de absencia Hert, sed non probat.']

7. Knows that Henry Wynstall was absent from the hall of the manor from about nine to half-past ten, for he saw him enter the chamber with his instruments to shave Sir John, and wait there an hour and a half, and he could not have left without deponent seeing him. Moreover, John Symmys did not shoe horses in the manor that Sat.u.r.day, for deponent had the custody of the forge and kept the keys.

Answers to another set of interrogatories proposed on behalf of Paston and Howes, and here quoted at length, to the following effect, viz.: 1.

Where each witness has lived since he was born, and whether he be in the service of the party producing him? 2. As to his knowledge of the witnesses on the other side? 3. What particulars he can give as to any bribery he imputes to them, and what was its special object? 4. By what means he knew it, and by whom he has been asked to give testimony, and whether he has conferred with his fellow-witnesses; whether they have received instructions what to depose; how often he has come up to London to give evidence and returned without being called; and how much he was promised for coming? 5. Each witness is to declare how he knows the facts, and to be charged not to reveal to the others on what subjects he was questioned.

The only point of interest in these replies is that deponent was asked by William Worcester in the city of Norwich on Sunday eight days to give his testimony in the cause. He denies all communication with his fellow-witnesses, &c.

_Note._--The evidence of this first witness runs to five or six times the length of any other, and we have noted all the material points in it. Of the depositions of the others we shall not give any summary, but mention briefly any new statements that seem to be of interest:--

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, liberae conditionis_, about thirty years old.