[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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