[Sidenote: 1462(?)]
Shewyth and lowly compleynith on to your good Lordship John Paston, the
older, Squier, that where Sir John Fastolf, Knyght, cosyn to your seid
besecher, was seasid of diveris maners, londs, and tenements in Norfolk,
Suffolk, and Norwich, the xxvij. yere of Kyng Herre that was, and therof
infeffid diveris persones to execute and performe his will, and mad his
will in especiall that a college of vij. monks shuld be stabilisshed,
founded, and indewed withinne a plase late be the seid Sir John edified
at Caster be the see in Norfolk, and certeyn livelode to be
immortesid[53.2] therto, to prey for his sowle, his faders and moders,
in forme and maner as in his will mad at that tyme more pleynly
specifyth; whech will and feffment continued till the xxxv. yere of the
seid late Kyng. And aftir, upon divers communicacions had be divers
personis with the seid Sir John Fastolff, and upon divers consideracions
mevid to hym, the seid Sir John Fastolff conceyvid that such be monkys
hym there to be indewed shuld not be of power to susteyne and kepe the
seid plase edified, or the lond that shuld be immortesid ther to,
acordyng to his seid entent and will; wherfore, and for good will that
the seid Sir John Fastolff had to the proferryng of your seid besecher
mevyd hym to have the seid plase and certeyn of his livelode of gretter
valew than the charge of the seid college schuld drawe, and to found the
seid college and to bere the reparacion and defens therof. Upon whech
mocion the seid Sir John Fastolff and your seid besecher apoynted be
word withowt writyng at that tyme mad that your seid besecher shuld,
aftir the decese of the seid Sir John Fastolff, have the seid plase in
Caster, and all the maners that were the seid Sir John Fastolffs or any
other to his use in Norfolk, Suffolk, and Norwich, up trust that the
same John Paston shuld founde there a college of vij. monkes or prestes
havyng a certeyn pension for her sustentacion payid clerly in mony
withowt any charge, cost, reparacion, or joperde of defens of the seid
plase or of any other livelode to be bore be the seyd collegians, and
more over to paye a certeyn somme of mony of the revenews of the seid
maners, londes and tenementes to be disposid yerly be certeyn yeres for
the sowle of the seid Sir John Fastolff till the summe of v.^ml. [5000]
mark were so disposed. Upon wech apoyntement it was acordyd be thwyx the
seid Sir John and your seid besecher, for as moch as your seid besecher
had non astate in the seid maners and londes and tenementes, that for
his more suerte, and upon trust that the seid Sir John had to your seid
besecher in this behalfe that a newe feffement shuld be mad of the seid
plase and of the maner of Caster, and all the seid maners, londs and
tenements to your seid besecher, and divers other personys to the use of
the seid Sir[54.1] John, terme of his lif, and aftir his decese to the
use of your seid besecher. And moreover, for as moch as your seid
besecher was in dowte whedir God wold send hym tyme of life to execute
the seid apoyntement, intendyng that th’effect of the old purpose of the
seid Sir John Fastolff schuld not be all voyded, thow it so fortuned
your seid besecher cowd not performe the seid apoyntement, mevid the
seid Sir John Fastolff that, not withstandyng the seid apoyntement, that
he aftir the seid feffement mad shuld make his will for the seid
college, to be mad in all maner wise as thow the seid Sir John Fastolff
and your seid besecher shuld not make[54.2] the seid apoyntement; and
that aftir that, the seid apoyntement to be ingrosid and made so that
the seid college shuld hold be the same apoyntement of your seid
besecher, and ellis this seid will of the seid Sir John Fastolff to
stand in effect for executyng of his seid purpose. And sone aftir this
comunicacion and apoyntement the seid feffement was mad acordynge, and
season deliverid to your seid besecher at the seid plase edified in
Caster, as well as at the seid maners, londs, and tenements, the seid
Sir John Fastolff beyng present at delivery of season mad to your seid
besecher of the seid plase and maner of Caster, where the seid Sir John,
more largely expressyng the seid will and entent, deliverid your seid
besecher possession with his owne hands, declaryng to notabill personys
there the same feffement to be made to the use of the seid Sir John as
for terme of his lif only, and aftir his decese to the use of your seid
besecher and his heyrs; and divers tymes in divers yeres aftir declared
his entent in like wise to divers personys. And aftir, be gret
deliberacion and oft communicacion of the seid mater, the seid Sir John
Fastolff and your seid besecher comenauntyd[55.1] and apoynted be
writyng thoroughly for the seid mater so that your seid besecher shuld
have the seid plase and all the seid maners, londs, and tenements in
Norfolk, Suffolk, and Norwich, to hym and to his heyrs; and that he
shuld found a college of vij. monkes or prestes withinne the seid plase
perpetually as is before seid, and to pay iiij.^ml. [4000] mark to be
disposed in certeyn yers for the sowle of the seid Sir John Fastolff;
the whech apoyntement declarid and red before the seid Sir John
Fastolff, be good deliberacion was be the seid Sir John fully concludid,
agreyd and stabilisshid for his last will in that behalve.
And also the seid comenauntes and apoyntementes eftsonis callid to
remembraunce be the seid Sir John Fastolff, the same Sir John, for
certeyn consideracions movyng hym, be his word, withowt writyng,
dischargid your seid besecher of the seid somme of iiij.^ml. mark,
desiryng hym so to ordeyne that ich of the seid monkes or prestes shull
yerly have as the prestes of the chauntry of Heylesdon had, and that
vij. pore men shull also be founde yerly in the seid plase inperpetuite
to pray for the sowles above sayd.
[And aftir, that is to sey the Satirday, Sonday, and Monday next before
the decese of the seid Sir John, the same Sir John, remembryng divers
maters and intents in his mynd necessary for the wele of his sowle,
wheche were not expressid in the seid will and apoyntement, nowther in
his testament, and that he wold have one will mad and wrete conteynyng
the seid apoyntements, as well as the seid other maters not declarid in
his intent and will acordyng, comaundid to have it so ingrosid and
wrete.][56.1] And where your seid besecher hath don his part acordyng to
the will and apoyntements of the seid Sir John, as well in fyndyng of
the seid prestes and pore men as in all other thyngs that to hym
belongyth to do in that behalfe; and, this not with standyng, William
Yelverton, Knyght, and William Jenney, whech be infeffid joyntly with
your seid besecher in divers of the seid maners, londs and tenements,
have[56.2] mad a sympill entre in all the seid maners in Suffolk, and
chargid the baylifs, fermors, and tenaunts of all the seid maners to pay
hem the profitez and revenews of the same maners, londs, and tenements;
and thus, contrary to th’entent of the seid feffement, and contrary to
the will of the seid Sir John Fastolff, thei trobill and lette your seid
besecher to take the profitez of the seid maners, londs, and tenements;
of whech your seid besecher hath no remedy at the comen lawe. Wherfore
please your good and gracious Lordship to direct severall writts of
subpena to the seid William and William, chargyng hem severally upon a
peyne convenient to appere before your Lordship in the Chauncery at a
certeyn day be your Lordship to be limityd, to answer to these
premisses, and to do as right and consiens requirith. And your seid
besecher shall pray God for yow.
_The following article is added in the first copy with many
corrections:_--
And aftir, late before the discese of the seid Sir John Fastolff, he
wold and ordeynid that on wryting shuld be mad of the fundacion of
the seid college aftir the forme of the seid apoyntement mad with
your seid besecher, and of diverses othir articles conteynid in his
seid former willes, not conserning the seyd colegge and also of
divers maters wheche he remembrid necessary for the wele of his
sowle, that were nevir expressid in writyng before, joyntly to geder
expressyng his hole and inter and last will and intent in all.
[Footnote 53.1: [From Paston MSS., B.M.] This is a draft bill in
Chancery prepared by John Paston with a view to the commencement
of a suit against Yelverton and Jenney for their entry into the
manor of Cotton and other lands of Sir John Fastolf in Suffolk.
The document may have been drawn up in the latter part of the year
1461; but from the contents of the preceding letter it is not
unlikely to have been a year later. Two copies of this document
exist, with the very same corrections and interlineations in
both.]
[Footnote 53.2: Amortized, or granted in mortmain.]
[Footnote 54.1: ‘Sir.’ --This word is omitted in the first copy.]
[Footnote 54.2: ‘Shuld not make.’ --These words are interlined in
place of the word ‘left,’ which is erased.]
[Footnote 55.1: So spelt in both copies.]
[Footnote 56.1: The clause between brackets is cancelled in the
first copy.]
[Footnote 56.2: This word is interlined in the second copy only.]
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