5. Barth. Elys of Yarmouth, ‘literatus liberæ conditionis,’ fifty years
old and more (proves Rus’s absence, but his testimony is declared in the
margin to be improbable, and not to agree with Davy’s).
_6 July._ Naseby produces Rob. Wylly on the part of Yelverton and
Worcester. Examined on the 9th.--Says he was required by Paston and
Howys to see Fastolf’s will, and ‘ad impediendum [_impendendum_]
consilium suum:’ --that on a Sunday in the summer after Fastolf’s death,
John Paston showed him, at Fastolf’s house in Southwark, Sir John’s will
written on paper, in presence of Clement Felmyngham and John Bracley,
and asked his opinion if it was valid. Thought it insufficient to
overthrow any previous will. A clause mentioning Tudenham and Heydon as
executors was cancelled by this deponent’s advice, ‘eo quod erat contra
caritatem.’
_13 July at Bow Church._ Naseby produces John Marshall and John Davy,
whose examinations follow.
_19 Oct. 1464._ Druell examines Hen. Wenstall at the treasurer’s house
of St. Paul’s.
_15 Nov. 1464._ Druell examines Rob. Hert.
_1 Dec._ Naseby produces Rob. Fyztrauf, whose production Kent opposes;
who tries to prove Rus’s absence (insufficiently, as remarked in the
margin), because he was constantly with Fastolf, except half an hour
that morning, and held the basin while Henry Barbour lathered the beard
(_lavit barbam_) of the said Sir John Fastolf.
‘Responsiones personaliter factæ per dominum Thomam Howys unum
executorum domini Joh’is Fastolf, ultimo die mensis Aprilis Aº D^ni
1464,’ &c., ‘coram Ven. viro Mag’ro Thoma Wynterbourne, LL.D.,’ &c., ‘in
camera ejusdem infra manerium Rev^mi patris apud Lamehith, Winton dioc’
situat’, in præsenncia mei Nicholai Parker,’ &c.
Howys says he did not see Coteler or Rus in Fastolf’s chamber that
Saturday before he went to dinner. On Saturday and Sunday before his
death Fastolf spoke so low he could hardly be heard by any one, and
Howys heard him only by putting his ear close to his mouth. Fastolf’s
mind was clear.
[Footnote 101.4: [From MS. Phillipps, 9309.] These depositions, of
which we shall only attempt to give some of the principal points,
were produced in the Spiritual Court by Sir William Yelverton and
William Worcester in opposition to the claim of John Paston and
Thomas Howes to be Sir John Fastolf’s executors. The examinations
were taken at intervals during the years 1464, 1465, and 1466, and
the suit was not terminated when John Paston died. The MS. volume
here referred to contains three distinct bundles of these
depositions bound up in a wrong order. A volume containing similar
matter among the Paston MSS. in the British Museum will be found
entered in the year 1465.]
[Footnote 103.1: There is no verb in the MS. to govern _munimenta
et evidencias_.]
[Footnote 104.1: The text is continued here at another part of the
volume, the leaves being misplaced.]
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