DEPOSITIONS TOUCHING SIR J. FASTOLF’S WILL

[Sidenote: 1464 / APRIL-NOV.]

‘Primum testes reprobatorii producti per Yelverton, contra testes Paston

principaliter productos &c.

‘Facta fuit sequens examinatio testium subscriptorum secrete et

singillatim, videlicet, Domini Johannis Davy capellani vicesimo octavo

die mensis Aprilis, Thomæ Upton quinto, Johannis Bockyng duodecimo,

Nicholai Newman xvj^to diebus mensis Maii; Johannis Loer, Willelmi Eton

quarto, Roberti Lynne quinto, diebus mensis Junii; Bartholomei Elys

tercio, magistri Roberti Wylly sexto, Johannis Marshall, Johannis Davy

terciodecimo et Willelmi Lyne ultimo, diebus mensis Julii; Anno Domini

millesimo quadringentesimo sexagesimo quarto, Indictione duodecima,

pontificatus Sanctissimi in Christo patris et domini nostri, domini Pii

Divina prudencia Papæ Secundi anno sexto, In Domo Thesaurarii ecclesiæ

Cathedralis Sancti Pauli, London, infra parochiam Sancti Gregorii

civitatis London situat’, per venerabilem virum magistrum Johannem

Druell, utriusque juris doctorem, examinatorem et commissarium ad infra

scripta specialiter deputatum. In præsentia mei Nicholai Parker notarii

auctoritate Apostolica, publici scribæ in hac parte de et super

exceptionibus infra scriptis, par partem domini Willelmi Yelverton et

Willelmi Worceter productorum.’

1. John Davy chaplain, staying at the University of Cambridge, _liberæ

conditionis_, 30 years old and more, examined _super exceptionibus

infrascriptis_ of which the tenors are quoted, viz., on the part of

Yelverton and Worceter against John Russe, Robert Cutteler clk., Master

Clement Felmyngham, Rob. Boteler, Ralph Lampet, Brother Will. Bokyngham,

and Master Robert Popy, witnesses on the opposite side, whose testimony

is discredited ‘eo quod parte sua non præsenti juraverunt et super non

juratis deposuerunt, ac in depositionibus suis fuerint et sint varii,

contrarii, singulares negativam asserentes, causas dictorum suorum

minime reddentes, unumque et eundem præmeditatum sermonem proferentes,

a testatore non vocati aut rogati perhibere testimonium, nec

sufficienter probantes in hac parte, prout ex inspectione depositionum

suarum liquere poterit intuenti.’ Further, John Russe was illiterate,

and did not understand Latin when he made his deposition, and he

contradicted the other witnesses on his own side: viz., to the 9th

interrogatory he said, Sir J. Fastolf’s will was not written before his

death, which Clement Felmyngham and Robt. Cutteler in their reply to the

3d said it was. Moreover he expected advantage to himself from his

testimony, and was discharged by Howys of £300 that he owed Fastolf. He

had also secretly abstracted certain muniments and charters of the

testator, which were in the custody of Will. Worceter, in the house of

John Tovy, at Castir, Norwich dioc., in Nov. 1459. Moreover he was

_supravisor et locator_ of the testator’s lands called Akethorpe, yearly

value 9 marks, appointed by Paston or Howys, who promised to sell them

to him much under value for his testimony. Further, his statement that

he was present _in quadam bassa camera_ at Caister between 8 and 9 A.M.

on the Saturday before Sir J. Fastolf’s death, was a perjury, for he was

really all that time in other places a long way off. His declaration

that he was no servant or tenant of those who brought him forward was

untrue: he had hired a house of Howys in the town of Yarmouth, value

40s. a year. He was inconsistent in his testimony about the hour Sir J.

declared his will. He also pretended never to have seen Fastolf’s will

before his death, although he wrote the said pretended will with his own

hand with the date at the head, which at the beginning of this suit he

caused to be cut off from the writing and hidden.

Also the said Rob. Cutteler chaplain, when he made his deposition, was

‘levis opinionis, malæ conscientiæ et de mensa Joh’is Paston ac tenens

ipsius, prout ad primum interrogatorium examinationis suæ primæ et

secundæ respondebat.’ Also he was perjured; because in April 1457 in

par. of Holy Trin., Castir, he beat and maimed one Jo. Flemyng, and

boasted of it (_ac sic factum nomine suo ratum habuit_), but being taken

before Sir J. Fastolf, justice of the peace, he swore he had not done

so.--Proofs that he was not disinterested.

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

_Davy_ says John Rus was at Yarmouth on the Saturday in question, as he

usually was on Saturdays, to buy victuals for Fastolf’s house, &c.

(Proof declared insufficient in the margin). Sir J. Fastolf was so ill,

that, as Davy had heard he was unable to speak from 22d Oct. ‘Quæ quidem

infirmitas vocabatur judicio medicorum, _sincope_, quæ ipsum vexabat

singulis horis et ipsum deduxit ad extasim de scientia istius jurati,

qui continue conversabatur cum eo usque ad ipsius mortem.’

2. Thos. Upton, one of the clerks of the King’s kitchen, _literatus_,

‘liberæ conditionis,’ forty years old and over; 2d. witness.

Mentions that W. Worceter gave Jo. Rus a casket to keep containing

certain documents, which Rus delivered to Howys after Fastolf’s death.

Was clerk of the kitchen to Fastolf when Rus used to go on Saturday to

Yarmouth, &c.

9 May. Jo. Bokkyng produced by Jo. Naseby, proctor of Yelverton and

Worceter, before Master Tho. Wynterton, LL.D., auditor of Thomas

Archbishop of Canterbury, at his house in the parish of St. Martin, in

presence of Robert Kent, proctor of John Paston.--Examination committed

to John Druell, LL.D. who on the 12th May examines him secretly in the

house of the treasurer of St. Paul’s.

‘Dicit quod Johannes Tovy quædam munimenta et evidencias[103.1] in

certis bagis et pixidibus contenta quæ Willelmus Worceter eidem Johanni

Tovy liberavit custodienda.’ Rus was and is Howys’ tenant for the house

he lives in. After Fastolf’s death Upton delivered to Clement Felmyngham

a signet or gold ring, ‘ad signandum sigilla dicti domini Johannis

Fastolf,’ in a little bag, which was to be returned ‘post signacionem

hujusmodi,’ but afterwards he said he had lost it. Touchyng brother

W. Bukyngham, it was publicly noised at Yarmouth that Robert Brown,

a chaplain of that town, had killed one Seman Burton, that Bukyngham

knowingly received him, and that by his advice he fled. To the last

exception he says he believes Fastolf did not release Paston from the

payment of the said 4000 marks, ‘quia iste juratus non intellixit in

tota vita sua tantam liberalitatem in dicto domino Johanne Fastolf.’

Fastolf had such difficulty in breathing for five or six days before his

death that he could hardly speak.

* * *

Interrogatories proposed on the part of Paston and Howys, and

administered to witnesses.

‘In primis, interrogetur quilibet testis hujusmodi cujus sit conditionis

et an sit famulus, [104.1]serviens aut tenens partis eum producentis, et

cui parti magis favet partium prædictarum.’ Secondly, whether he be in

the pay of any one. There are six interrogatories in all, and they are

numbered.

Then follow answers of some one, whose name does not appear, to each of

these six interrogatories; and other answers by--

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

Norfolk.

The Paston Letters, A.D. 1422-1509. Volume 4 (of 6) New Complete Library Edition · 第 148 / 366 题