EXAMINATIONS TOUCHING FASTOLF’S WILL

[Sidenote: 1465 / AUG.]

John Paston examined by a commission of Thomas, Archbishop of

Canterbury, addressed to John Druell, LL.D., in the cause between Sir

William Yelverton, Knight, and William Worcester, pretensed executors of

Sir John Fastolf, and John Paston, Esq., and Thomas Howys, executors, as

is said, dated 8 July 1465.

1. Whether Sir John Fastolf made his will, dated 14 June 1459, in

English, and sealed by him with his seal of arms? Answer. He made a note

of articles in his will, deponent thinks in Latin, probably on that day,

but it was not then sealed, and no executor was named.

2. Whether before the will was fair copied an original note of it was

made on paper, and corrected and interlined by Paston? And whether that

note fair copied was the true will which was sealed by Fastolf?--There

was such a note, which being made, Paston went to London and waited some

time, when William Worcester informed him it had been fair copied in the

beginning of July. Had seen an old will long before, in which some of

the articles were the same, but Fastolf altered them from time to time

in consultations held with this deponent. Does not know if he did

interline, but the note will show, which was then in the keeping of

William Worcester, Fastolf’s clerk; nor does he know if the will was

drawn up from it, as he was not present at the engrossing or sealing,

but hears there were several things altered.

3. Where the will is, in whose custody, and whether he have power to

execute it?--The parchment sealed by Fastolf, which Worcester says was

his will, was kept some time after his death at Caister, and afterwards

produced in audience of the Archbishop, and there remains.

28 Aug. Examined in the Fleet.--Said he was a prisoner, wished first to

speak with his counsel, and desired another notary joined with Nicholas

Parker, who was not indifferent.

10, 11, 12 Dec. Appeared before the commissary in the treasurer’s house

of St. Paul’s Cathedral, London. Examination continued.

4. Whether the said will was kept in the tower called the treasury of

Sir John Fastolf at Caister till his death, and whether Paston and Howys

afterwards entered and took it, and what was then done with it? Whether,

since Fastolf’s death it was exemplified in Latin, and sealed with

Fastolf’s seal, and by whom? And whether the Latin contained more or

less than the English? Who exhibited the English will in audience of

Canterbury? Was it the true will, or was it written and sealed after

Fastolf’s death?--Soon after Fastolf’s death the said parchment was

exhibited to Paston by Howes and Worcester. It afterwards remained in

the keeping of Howes and Paston, and has since been exhibited in the

audience of Canterbury. It was not translated into Latin after Fastolf’s

death, nor sealed, to Paston’s knowledge. Does not know any will, Latin

or English, to have been sealed after Fastolf’s death.

5. Whether Paston exhibited any English will sealed in the audience of

Canterbury?--The note made in June contained an article relative to

Fastolf’s college, and lands in Norfolk and Suffolk granted

conditionally on their being refused by Paston. When Paston went to

London, and after a time Worcester came to him, Worcester told him this

note was put in parchment and sealed, with the other articles, by advice

of Master John Brakley, about the beginning of July. William Bukman, now

Abbot of Wymondham, then Prior of Yarmouth, was present when it was

sealed, and named as a witness. He and Thomas Ingham reported that

Fastolf told them at the time it was his will that Paston should have

those things he had granted at the time of the seisin of the said

feoffment delivered, whatever was written in the parchment. The said

parchment (English) remains in the court. As to the Latin, Fastolf made

on paper a schedule of executors for the Latin parchment, and told

Paston and Howys that he did not mean all the executors to have

administration of his goods. He also told Paston, Bracley, and Clement

Felmyngham, after Paston returned from London, that he was informed the

Latin will gave equal powers to all the executors, which he never

intended. Fastolf made his last will in November, not altogether the

same.

6. Who kept Fastolf’s seal of arms and signet after his death, how long

did it remain whole, and how many writings did Paston seal with

them?--At Fastolf’s death his seal was in a purse sealed with his

signet, and placed in a chest. The signet was on his finger at death,

but was afterwards placed in the chest in presence of deponent and

Thomas Howys, Master John Bracley, Master Clement Felmyngham, and three

servants of Fastolf’s chamber, and sealed with the seals of deponent,

Howys, and others. The chest remained in Fastolf’s chamber, sometimes in

custody of his servants, and sometimes in that of Howys. Afterwards the

seals were placed in a white box sealed in the presence of divers men in

the hall of the manor, which box was delivered along with certain rings

to John Stokys, who opened the box, and after inspecting the seals and

rings, sealed it up again and delivered it to Roger Malmesbury, in whose

custody they now remain. This deponent sealed nothing with them.

7. Whether, after Fastolf’s death, Paston or any other wrote on a

schedule of paper a certain grant or bargain, viz., that Paston should

have Fastolf’s lands and tenements in Norfolk, Suffolk, and Norwich, for

4000 marks, and that Paston and Howys should have sole administration of

his goods so long as Paston was alive; and whether after Fastolf’s death

it was so recently written that Paston, to dry the writing, scattered

ashes over it? And if he say it was written during Fastolf’s life, by

whom was it written? By himself, or John Russe, or Friar Brakley, or

whom? And how long before Fastolf’s death, and in whose presence? And

whether that sum was specified in the schedule or a blank left for it?

And whether the contents of this schedule were extracted and put in a

new one? and by whom was that written? Whether by J. Russe? And what

time elapsed between the two writings? And whether the second schedule

contained more than the first, and what the additional matter was, and

by whom added? And whether this asserted will of Fastolf, made, as

Paston pretends, on Saturday, 3 Nov. 1459, was extracted or imagined

from the contents of the said bills, or either of them? And what was the

matter in the said will added to the matters in the schedules? And how

long it was before the said pretended will could be formed to the

satisfaction of John Paston?

For two years before his death Fastolf had granted that Paston should

have the above lands after his death, without any condition, but for the

purpose that he should found a college at Caister of seven monks or

priests, and pay 5000 marks to be distributed for the soul of Sir John

Fastolf; and about that time he enfeoffed Paston and others in the said

lands, declaring that that enfeoffment was to the use of the said Sir

John for life, and afterwards of Paston. After this, viz., in the said

month of June, Fastolf made the said articles in certain paper notes in

Latin and English. Master John Brakley kept copies, which he showed to

Paston after his return to London. After that, viz., in September and

October, Fastolf several times requested Paston to engross the

agreements made between them about the college, saying he would remit to

him 1000 marks of the said 5000 marks. And in October and November he

recited in certain writings that in order that he might not be

disquieted with worldly affairs he had bargained with this deponent that

he should have the control of all his lands from which any profit might

be derived in England, and of the households and foreign expenses

belonging to him, so that he should put aside as much of his dues as he

could spare for the college; and that he should have all his lands in

Norfolk, Suffolk, and Norwich, for 4000 marks, which he was to pay on

certain stated days to Fastolf’s executors for the benefit of his soul.

Two paper writings were made of the premises, one by the hand of Paston

and the other by Mr. John Brakley, which are severally remaining with

them. This agreement Brakley, by Fastolf’s order, got written out in

parchment indented, and read to Fastolf, who sealed it in his presence

as Brakley reported to Paston. Afterwards, another of the said writings

was read to Fastolf in the presence of Paston, Brakley, Mr. Clement

Felmyngham, and others, several times in October and November. Comments

were made on the reading of it by Fastolf on one occasion, when he said

a certain clause was not consistent with his intention, which was that

Paston and Howys should be sole administrators of his goods, and that as

to his lands in Norfolk, Suffolk, and Norwich, and the college to be

founded, he would dispose of them according to his agreement with

Paston,--the master to have a stipend of £10, and each of the fellows of

10 marks, and that seven poor men should be found with 40s. a year each,

as stated in the will. Fastolf desired his will dated in June to be

corrected in these particulars, and written anew by Walter Shipdam, for

whom he frequently sent on this business. Meanwhile Brakley and Paston

wrote another paper in English as a memorial of Fastolf’s intention, of

which deponent delivered a copy under his own hand in Court. The last

two lines this deponent wrote and dried with ashes in presence of Thomas

Howys. The will of 14 June and that exhibited by Paston and Howys differ

little or nothing in effect, except in these articles touching the

college, and the sole administration given to Paston and Howys.

As to new writings after Fastolf’s death. Brakley translated those words

about the sole administration from English into Latin, partly before his

death and partly after. After Fastolf’s death Paston, Howys, and Brakley

caused the said Walter Shipdam to put into form (_fecerunt dictum W. S.

formare_) the last will and testament of the said Fastolf, both of the

said college and of the said single administration (_de dicta singulari

administratione_), and of other things in the will of June not contrary

to his last will and declaration, of which several writings were drawn

by Shipdam, first in paper and afterwards in parchment. As to the

writing of the agreements, Brakley kept it during Fastolf’s whole life,

and a year after, and a copy remained with this deponent after Fastolf’s

death; at which time deponent and Howys were sitting in the hall of the

manor of Caister at supper when William Worcester came into the hall,

and Paston and Howys, rising from supper, had a talk with Clement

Felmyngham, John Brakley, and William Worcester, immediately after

Fastolf’s death. At that time, by the advice of Brakley, a copy of the

agreement was delivered to William Worcester, at his request, folded up

and sealed that night by Brakley, Clement Felmyngham, and Howys. It

remained in Worcester’s keeping till he rode to London, and then he left

it with the said Master John Brakley, Clement Felmyngham, and Thomas

Howys. Its tenor was transcribed on parchment by Shipdam shortly

afterwards.

[Footnote 181.1: [From Paston MSS., B.M.] Among the Paston MSS. in

the British Museum is a small volume (Addit. MS. 27,450) of 132

pages, with a contemporary parchment cover, consisting entirely of

examinations of witnesses touching Sir John Fastolf’s Will. It is

in two parts, separated by a blank page, the first containing the

depositions of John Paston, taken in 1465, and the second those of

the witnesses brought forward by Yelverton and Worcester, which

were taken in 1466. We give here the substance of Part I. only. An

abstract of Part II. will be found under its proper date.]

[[and afterwards of Paston. _final . invisible_]]

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The Paston Letters, A.D. 1422-1509. Volume 4 (of 6) New Complete Library Edition · 第 216 / 366 题