[Sidenote: 1466 / MAY and JUNE]
A.D. 1466. The following witnesses were examined secretly and apart on
behalf of Sir William Yelverton, ‘deceased,’[236.2] in the house of the
treasurer of St. Paul’s Cathedral by John Druell, LL.D.:--
May 17. John Monke _alias_ Smyth.
19. John Dawson and John Gyrdyng.
20. William Boswell, Robert Inglys, Ric. Horne, and Thos.
Pykeryng.
21. Henry Clerke, John Tovy, Thos. Hert, William Shawe, and
Nich. Cherche.
22. Thos. Newton, Th. Spycer, and Thos. Neve.
23. John Rugge, John Clerke, and Rob. Bunche.
June 10. Stephen Scrope.
11. Ric. Fastolf.
I. John Monke, a smith of the parish of St. James, Pokethorpe, in
Norwich, illiterate, of free condition, thirty-two years old and over,
alleges bribery of witnesses by Paston and Howys, who offered to sell
John Russe lands at Leystofte at little more than half their value.
Howes made Russe a present of salt, barley, and malt to the value of
£20, and promised him a full discharge of his account for goods of the
testator in his custody to the value of £200 and over. He paid Robert
Cutteler, vicar of Caster, ‘colore cujusdam ultimi _vale_ dicti
testatoris prius non debite’ (_sic_), money and corn to the value of 20
marks, and promised to present him to the living of Mawdeby whenever
Thomas Howse resigned it. They gave Felmyngham an annuity of 8 marks,
and 40s. to a boy who is his servant. They gave Robert Boteler a fee
(_feodum_) of 5 marks [a year] for life, and the farm of a close called
Mawdeby close, besides some other gifts which are specified. Hence the
said John Russe, Rob. Cutteler, Clement Felmyngham, and Rob. Butteler,
falsely deposed in answer to the second interrogatory that on the
Saturday before the testator’s death they were present in a certain low
room (_bassa camera_) in the manor of Caister, where the testator was
principally between the hours of 8 and 11 A.M., and that with them were
the said John Paston and John Brakley, and no others; for in reality
there were present in the chamber with the testator on that day, and
especially during those hours, the said Rob. Fitzrauf, Nich. Newman, and
John Loer continually, and the said Dan John Davye, Dan Thomas Howys,
Friar John Bernard, physician, and Henry Barbour, and several others [at
intervals]. Moreover, Cutteler, Felmyngham, and Butteler, said Russe was
present on that occasion, whereas both he and Cutteler were in other
places. Moreover, bribes were given by Paston and Howes in various forms
during the months of January, February, and March 1462[-3], and at other
times in the parishes of Caister and Yarmouth, and in the city of
London, to Ralph Lampet, brother William Bukenham, and the said Rob.
Cutteler. Paston promised to promote Bukenham to the priory of Yarmouth,
and also, as a reward for his testimony, to give him 13 acres of the
testator’s land in Scroudby and Caister called Isabell, to the use of
the prior and convent of Norwich. Hence the testimony of these witnesses
was false, that Fastolf, about the beginning of Autumn five years ago,
had made to John Paston estate and feoffment and livery of seisin of his
manor of Caister, and other lands in Cos. Norf. and Suff., and the city
of Norwich, to the use of the said testator while he lived, and
afterwards to that of the said John Paston and his heirs; for if any
such thing was done (which is not admitted) it was on the 16th October
1457, in the 36th year of Henry VI., after the Autumn of the said year,
and not to the use of Paston and his heirs, but to the use of Fastolf
himself, and for the accomplishment of his will. Further, the testimony
of Russe, Cutteler, Bukenham, Felmyngham, and Butteler was untrue as to
the alleged will of Fastolf that John Paston should obtain the King’s
license for the foundation of a college at Caister. It was in truth
Fastolf’s will that the executors should obtain the King’s license to
found a college there of seven Benedictine monks of the same profession
as the monastery of St. Benet at Hulme, of whom one should be prior, and
of seven poor men, and that they should be endowed out of his lands to
the extent of 300 marks a year, all charges deducted, to pray for the
soul of Lady Milicent, his wife, his parents and benefactors; and if the
executors were unable to obtain this license, they were to give the
abbot and convent of St. Benet’s lands and money for the maintenance of
six new monks and seven poor men in that monastery with a like object.
Further, it is not true as alleged that on Saturday before his death,
viz., 3rd Nov., between eight and eleven A.M., the testator openly
declared his will with a clear voice in the hearing of bystanders, for
he was so ill and weak from want of breath that he was unable to speak
distinctly at any time that whole day, especially during the hours above
mentioned.
Moreover, bribes were offered by Paston and Howes in May and June 1465,
in the parishes of Caister and Yarmouth, and in the city of London, to
Thomas Thorald, Robert Lawes, Will. Waterman, John Osbern, John Heydon,
Will. Pykeryng, John Symmys, and John Shawe, for their testimony in this
matter, viz. that they should have 20s. besides travelling expenses and
divers other sums which were offered to them in Paston’s name by
Cutteler, vicar of Caister, and Ric. Calle; and John Paston promised the
said William Pykeryng that he should recover certain lands in the tenure
of his brother John Pykeryng, in Fylby, to the value of 40s. Influenced
by these bribes, Thos. Thorald deposed that on the Saturday before
Fastolf’s death, Bartholomew Elys and John Davys came to his house in
Belton, two miles and more from Yarmouth, about eight A.M., when he was
in his grange, and asked him to come with them to divers manors of the
said Sir John, to receive certain grain from his farmers; after which
they drank in Thorald’s house, and he went with them to Freton, and to
the manor called Calcote hall, and other places in Lothynlond until
midday. Robert Lawes also deposed that on Friday before Fastolf’s death
he went to Becclys, and next day, viz. Saturday, returning homeward
(_rediens domorsum_), met on the way the said Bartholomew Elis, John
Davy, and Thomas Thorald going to Freton, when Davy called him and bade
him tell Thomas Howys or John Rus that on Monday or Tuesday next he
would go to Caister and give an account of his stewardship. Afterwards,
about two P.M., Lawes came to Caister and told John Rus his business in
the absence of Howys. But the said William Waterman, being bribed as
aforesaid, falsely declares that on the Saturday before Fastolf’s death
Barth. Elys and John Davy came to his house at Gorlyston about seven
A.M., and that he went with them to Thorald’s house, and that they went
and spoke with Thorald at the grange while he waited for them at the
gate. Afterwards they all entered the hall of Thomas Thorald and drank
beer together, and all four went together to Calcote-halle and waited
there till ten A.M., when Watyrman left the other three and returned
home. And about two P.M. Elys and Davy returned and drank beer at
Watyrman’s house. But the truth is that Elys and Davy were at Yarmouth
that day from seven till past eleven A.M.
Further, John Osberne, Will. Pykerynge, and John Heydon were corrupt
witnesses. John Osberne said that on Saturday before the Feast of St.
Leonard, when Fastolf was ill of his last illness, the said Osberne,
Pykerynge, and Heydon came to Caister to receive certain monies of John
Rus for barley sold to him by Osberne; that about eight A.M. they
entered the hall of the manor and found Robert Hert and others, servants
of Fastolf, sitting at breakfast; and that John Russe immediately came
to Osberne and talked to him about the payment. At last Russe took them
into the _claustrum_, and leaving them, entered Fastolf’s chamber; then,
after remaining two hours and more, returned into the _claustrum_ and
delivered the money to Osbern. This testimony was confirmed by Heydon
and Pykeryng; but the truth is that Russe that Saturday, from seven till
near twelve o’clock (_a principio horæ septimæ usque ad finem horæ
undecimæ_), and Robert Hert from seven to ten A.M., were at Yarmouth,
three miles off.
Further, John Symmys and John Shawe were corrupt witnesses, the former
saying that Robert Hert was present in the said manor-house of Caister
at eight A.M. on the said day, and even at nine o’clock at dinner-time
(_tempore prandii_), and that he saw the said Robert Hert sitting among
Fastolf’s other servants at breakfast (_jentaculum_); and that he
(Symmys) and Henry Wynstall, Fastolf’s barber, were occupied together in
shoeing horses in the said manor from breakfast-time aforesaid to
dinner-time, and that at dinner-time Symmys saw the said Henry sitting
in the hall with others; and that on the said Saturday, about eight
A.M., and even at noon, Symmys saw John Rus in the hall of the said
manor. Also John Shawe deposed that on the Saturday before Fastolf’s
death he saw John Rus and Henry Wynstall in the hall of the said manor,
both at eight A.M. at breakfast and at dinner at midday, and he also saw
Robert Hert, porter at the gate of the manor, at those hours; and that
between breakfast and dinner Shawe and Wynstall were occupied along with
John Symmys in shoeing Sir John’s horses. But the truth is that both Rus
and Hert were absent as above-mentioned, and Wynstall was with Fastolf
in his chamber from nine A.M. to half-past ten. Also Symmys, William
Pykeryng, Heydon, Osberne, and Lawes were all absent the whole of that
Saturday, and certainly between eight and eleven A.M. And
notwithstanding that the contrary is alleged against them, John Davy,
Barth. Elys, John Bokkyng, John Davy, chaplain, Thos. Upton, Nich.
Newman, John Loer, Wm. Eton, Robert Lynne, John Marshall, Wm. Lynne,
Henry Wynstall, Robert Hert, and Robert Fitzrauff, gave honest testimony
in behalf of Yelverton and Worceter, being men of good repute,
sufficiently rich, and well worthy of credit.
Additional exceptions on the part of Yelverton and Worcester to the
testimony of John Rus and Clement Felmyngham, showing that Paston had
offered to let to the former a tenement in Yarmouth for less than its
true value, and had promised the latter 100 marks for the Austin Friars
at South-Town,[239.1] which was not bequeathed in Fastolf’s will; also
that he had given Master Robert Popy, besides his expenses, 20 marks for
his testimony, and remitted to him 10_s._ of the rent of a fishery which
was five years in arrear, and that he had also released to him 40 marks
of a penalty of 100 marks due by Popy upon a bond; in consequence of
which Popy deposed that on the 30th October three years
previously,[240.1] John Paston had reported to him at Caister that he
had made an agreement with Fastolf by which he was to have all Fastolf’s
lands in Norfolk, Suffolk, and the city of Norwich, after his death,
paying for the same 4000 marks, and was to found a college in the manor,
etc.; on hearing which Popy returned to Fastolf, and related to him what
Paston had said to him, and Sir John confirmed it, requesting him to
show the same goodwill towards Paston, as he had done to himself. But in
truth Fastolf never asserted or confirmed any such thing.
Answers to interrogatories by the same deponent, viz.--1. As to his
knowledge of the parties and witnesses.
2. As to the alleged instances of bribery, and the absence of Rus on the
day referred to. The latter fact deponent says he knows, because he and
Rus lay together in the chamber of Thomas Howys, and on Friday before
Fastolf’s death Rus went to Yarmouth to buy victuals, and left with him
the key of the chamber, Howys being then at Blowfeld; and Rus remained
at Yarmouth all that Friday and the Saturday following, and returned on
Sunday.
4. As to the condition of Fastolf on the Saturday before his death. He
was so weak for want of breath that he could not speak distinctly; those
about him could not hear what he said without inclining their ears to
his mouth, and even then they could hardly understand him. And this
deponent says he knows, because on Friday and Saturday before his death
he was frequently in Sir John’s chamber, and when people spoke to him to
comfort him in his illness he only answered by sighs, so that deponent
and others could not tell what he meant. Moreover, Sir John was
accustomed when in health daily to say certain prayers with his
chaplain, but on that day the chaplain said the service alone, while
Fastolf lay on his bed and said nothing.
6. As to Russe and Hert being at Yarmouth, he says he heard Thomas Howys
that Saturday morning order the latter to take horse and ride thither to
get provisions for the household, and he saw him ride out of the manor
accordingly about seven A.M., and also saw him return with the
provisions about ten A.M. [In the margin here is written ‘Nititur
deponere de absencia Hert, sed non probat.’]
7. Knows that Henry Wynstall was absent from the hall of the manor from
about nine to half-past ten, for he saw him enter the chamber with his
instruments to shave Sir John, and wait there an hour and a half, and he
could not have left without deponent seeing him. Moreover, John Symmys
did not shoe horses in the manor that Saturday, for deponent had the
custody of the forge and kept the keys.
Answers to another set of interrogatories proposed on behalf of Paston
and Howes, and here quoted at length, to the following effect, viz.: 1.
Where each witness has lived since he was born, and whether he be in the
service of the party producing him? 2. As to his knowledge of the
witnesses on the other side? 3. What particulars he can give as to any
bribery he imputes to them, and what was its special object? 4. By what
means he knew it, and by whom he has been asked to give testimony, and
whether he has conferred with his fellow-witnesses; whether they have
received instructions what to depose; how often he has come up to London
to give evidence and returned without being called; and how much he was
promised for coming? 5. Each witness is to declare how he knows the
facts, and to be charged not to reveal to the others on what subjects he
was questioned.
The only point of interest in these replies is that deponent was asked
by William Worcester in the city of Norwich on Sunday eight days to give
his testimony in the cause. He denies all communication with his
fellow-witnesses, &c.
_Note._--The evidence of this first witness runs to five or six
times the length of any other, and we have noted all the material
points in it. Of the depositions of the others we shall not give any
summary, but mention briefly any new statements that seem to be of
interest:--
II. John Dawson, husbandman (_agricultor_), of Blowfeld, where he has
been for four years, having formerly lived five years in the manor of
Caister, and before that in Cambridge three years, _literatus, liberæ
conditionis_, about thirty years old.
His testimony generally agrees with that of Monke, and he says the
covenant of Akethorpe was made in the February before Fastolf’s death.
Between Christmas and Easter after his death deponent heard Howes in the
manor of Caister say to Robert Cutteler the vicar that he should have 6
marks for his labour in giving evidence about Fastolf’s will; and
afterwards Howes in his chamber in the said manor paid him 6 marks.
Paston also promised him a benefice worth 40 marks. He says, about a
month before Fastolf’s death, he heard Howes and Paston frequently
repeat publicly in the household the tenor of Sir John Fastolf’s will.
About St. John Baptist’s day last he was at Yarmouth, and heard John
Symmys and John Shawe say they were hired by Paston and Howes to give
evidence in the proving of Fastolf’s will.
III. John Gyrdynge of Fretenham, where he has lived four years; before
which time he lived with the Prior of St. Faith’s two years, before that
in the manor of Caster four years, before that with John Emeryngale of
Wroxham two years, and before that in Norwich as an apprentice with
Henry Toke five years; a cook, illiterate and of free condition,
thirty-two years old and over.[241.1] Agrees with the evidence of
corruption against Rus and others. Was present in Fastolf’s room that
Saturday forenoon, and saw the two chaplains celebrating mass.
H. Wynstall the barber was present till ten A.M.
IV. William Boswell of Thetford, who was four years with Friar Bracley,
&c., _literatus_, of free condition, thirty years old and more. Heard
Howys, Paston, and Rus frequently confer at Caister about the sale of a
house in Yarmouth, which Howys, at the request of Paston, at length
granted to Rus at £20 less than its value, to the end that Rus might
bear witness in their favour and in the proving of Fastolf’s will. [Here
occurs a marginal note by another hand, ‘Male sonat. Quod alius
consensit non probatur.’ At the head of this deposition also it is said
that this witness has been proved corrupt.]
V. Robert Inglys of Lodon, gentleman, who has lived there two years,
and before that in the parish of Hopton three years, before that with
Henry None, Esq., for more than a year, before that with Sir John
Fastolf two years, before that with the Abbot of Langley two years, and
before that in Hopton with his father; illiterate, and of free
condition, thirty years old and more.
VI. Richard Horne of Brundall, Norwich diocese, husbandman
(_agricultor_), who has lived there four years, and before that with
Thomas Howys six years, and before that in the parish of St. George,
Southwark, three years; illiterate, of free condition, twenty-six years
old.
VII. Thomas Pykeryng of Wroxham, Norwich diocese, who has been a
schoolmaster at Norwich and Aylesham, and is now clerk to Robert
Norwich, steward of the Abbot of St. Benet’s, Hulme.
VIII. Henry Clerke of Blowfeld, husbandman (_agricultor_), once in the
service of Sir John Fastolf, illiterate, twenty-eight years old, of free
condition. Says that on the Saturday before Fastolf’s death Howys sent
him and John Shawe to Yarmouth about seven A.M., with a cart-load of
malt to one named Chirche; that they arrived about eight, and were
spoken to by John Rus and Robert Cutteler in the market-place; that they
waited with their cart till two P.M., when deponent took leave of Russ
and Cutteler in the street, having repeatedly seen them there in the
interval. Also that at eight and nine A.M. he saw Robert Hert in
Yarmouth, who soon after his arrival delivered him a sack containing
meat, bought, as he said, by Rus for Fastolf’s household. He says also
that between eight and nine he spoke with the said John Symmys, William
Pykeryng, and John Osbern in Yarmouth.
Marginal notes are appended to the above statements, affirming that
bribery had been proved against this witness by four others, and that he
stood alone in his testimony.
IX. John Tovy of Caister, where he has lived ever since he was born,
_agricultor, literatus_, of free condition, twenty-four years old and
more; cannot depose of his own knowledge to the bribery of John Rus and
the others. He says John Rus was not present in the manor on the said
Saturday, having to be at Yarmouth to provide victuals for the
household. About eight A.M. witness conveyed to the said manor some
linen, which his mother had washed, for she was Sir John’s washerwoman,
and waited there, sometimes in the hall and sometimes in Sir John’s
chamber, till after midday, but did not see John Rus or any of the
others named, as he would have done if they had been present.
X. Thomas Hert of Caister, _agricultor_, who has lived there from his
birth, illiterate, of free condition, twenty-three years old. Cannot
depose to bribery except from hearsay. Was sent to Caister by his father
on the Saturday before Fastolf’s death with capons to be sold to John
Rus, purveyor of victuals for the household, but on inquiring for him,
found he was absent, and delivered the capons to Sir Thomas Howes.
Waited till nine A.M. and saw neither Rus, Cutteler, Boteler, nor Robert
Hert, but was told Rus was at Yarmouth, and Boteler sick in his chamber.
John Symmys had nothing to do with the shoeing of Sir John’s horses that
day. Was asked to bear witness in this cause a fortnight ago by Sir
William Yelverton’s servant at Caister.
XI. William Shave, roper of Yarmouth, illiterate, of free condition,
fifty-eight years old. On the Saturday before Fastolf’s death, was at
the house of John Balle, at the sign of the Cock, in Yarmouth, in a
parlour near the public street, when Sir Thomas Howes informed John Rus,
there present, that he had been desired by John Paston to remit to him
£20 of the price of a house sold to Rus by the said Thomas, and
thereupon he remitted to him the said £20 and 5 marks, in which he was
bound to Sir John Fastolf. He also promised him the lands of Akethorp
Hall for 40 marks less than any other, provided he would favour the
intention of Howes and Paston. [It is remarked in the margin that
witness does not say what intention.] William Lynde, a servant of Sir
John Fastolf, was present, besides others. He saw Russ and Cutteler that
Saturday at Yarmouth, between nine and twelve A.M., and spoke with them
and drank in the house of Thomas Lounde. As to Thomas Torald, witness
was at Yarmouth one Saturday, when he heard Robert Cutteler and Torald
conversing; and the former told the latter that Sir Thomas Howes loved
him well, and that John Paston could do him much good, and in the name
of Paston and Howes he promised Torald 20_s._ for his labour, besides
expenses, if he would depose for them. Knows that on the Saturday before
Fastolf’s death Bartholomew Elys was in Yarmouth from half-past eight to
eleven A.M., for he and witness bought fish called roches together, sold
some, and divided others in Elys’s house. That day he saw John Rus in
Yarmouth several times every hour from seven to eleven A.M., for he was
in the market-place all that time on his business, and at vespers he saw
John Rus in the parish church of the said town. Next day, Sunday, he
also saw him there at matins and at mass.
XII. Nicholas Chirche of Yarmouth, merchant, _literatus_, of free
condition, forty years old and more. Testifies concerning a conversation
held in John Balle’s parlour at the Cock in Yarmouth after the Christmas
following Fastolf’s death, with Sir Thomas Howes, John Paston, John Rus,
Friar Clement Felmyngham, Dan Robert Cutteler, Robert Boteler, Thomas
Neve, and others, when Howes remitted to John Rus £20 of the price of a
house he had sold him, and 5 marks of the arrears of his accounts. He
also testifies to other acts of the same nature on that occasion, and to
the absence of Rus and Cutteler at Yarmouth on the Saturday above
referred to, &c.
[In the margin it is remarked that this witness has been proved corrupt
by three others.]
On the 22d May John Naseby, proctor for Yelverton and Howes, produced as
a witness one John Rugge, in presence of Master Robert Kent, Paston’s
proctor.
XIII. Thomas Newton of Burgh, _agricultor_, illiterate, of free
condition, fifty years old and more.
XIV. Thomas Spycer of Southtown, by Yarmouth, tailor, illiterate, of
free condition, fifty years old and more.
XV. Thomas Neve of Jernemuth [_Yarmouth_], merchant, _literatus_, of
free condition, forty years old and more.
XVI. John Rugge, mariner, of Yarmouth, illiterate, of free condition,
fifty years old.
XVII. John Clerke of Gorlaston, _agricultor_, illiterate, of free
condition, fifty years old. Heard Clement Felmyngham report to him at
the Austin Friars in Southtown that Paston and Howes had given him a
pension of 8 marks a year for life, and 40_s._ for his servant, to say
masses for the soul of Sir John Fastolf. Cannot witness of bribery
otherwise. A little after Michaelmas, two years before Fastolf’s death,
William Worceter in Fastolf’s name delivered possession of six of his
manors in Lodylond, viz. Spytlyng in Gorlaston, Bradwell Hall in
Bradwell, Hadlounde in Bradwell, Calcotes in Freton, Beytons in Belton,
and Akethorpe in Leystoft, to Sir Thomas Howes and others, his
co-feoffees named in a charter of enfeoffment, to the use of Sir John
during his life, and to execute his will afterwards. This he knows,
because he rode with Howes to the said manors when he took possession,
and saw and heard Worceter deliver possession thereof. Thomas Torald
reported to witness in Lent last that Paston and Howes had promised and
paid him 20_s._, besides his expenses, to give evidence in the proving
of Fastolf’s will, and had given each of his fellow-witnesses as much.
XVIII. Robert Bunche of Yarmouth, mariner, _literatus_, of free
condition, fifty years old. Swears to having seen John Rus that Saturday
at Yarmouth between seven and eight. [A marginal note says that being
afterwards produced as a witness by Paston, he admitted having been
suborned, and having deposed falsely.]
On the 22d July Yelverton’s proctor, Naseby, produced in presence of
Paston’s proctor, Kent, two witnesses, viz.--Stephen Scrope, Esq., and
Richard Fastolf.
XIX. Stephen Scrope, Esq., of free condition, seventy years old or
about. Says he was several times with Sir John Fastolf in his manor of
Caister within the two years before his death, when Sir John told him he
had made his will, and had ordered his executors to erect a college of
six or seven monks and seven poor men at Caister, and that they should
have lands and goods to the value of 300 marks a year, if a license
could be obtained from the King to that effect; otherwise that the
number of monks at St. Benet’s should be increased, and seven poor men
supported in the monastery. [In the margin it is remarked that this
witness proves nothing against the accused witnesses, but only
endeavours to depose concerning the will of the deceased.]
XX. Richard Fastolfe, of the parish of St. Mary Eldermary, in London,
tailor, where he has lived for two years, and before that in the parish
of St. Michael, Crokydlane, London, for a quarter of a year, formerly
with the Duke of York, _literatus_, of free condition, thirty-two years
old. Went to Caister about the Feast of the Exaltation of the Holy Cross
preceding Fastolf’s death, along with one Thomas Plummer, _scriptor_, of
London, now deceased. Found Sir John walking about his chamber led by
two servants, when Plummer petitioned him to help deponent with goods
that he might marry, as he was one of Sir John’s relations. To this Sir
John made answer that he had within a few [days] preceding made his
will, which he would not alter, and that he had made mention of deponent
therein. He also said to Plummer that if he had come in good time, he
should have written his will.
[Throughout all the above depositions will be found marginal
comments in another hand, a few of which we have noticed
incidentally, tending to show that the testimony given is
insufficient to prove the bribery of Paston’s witnesses, or to
invalidate their statements.]
‘Responsiones personaliter factæ per Johannem Paston, armigerum, xxixº
die mensis Julii anno Domini MºCCCClxv^to, Indictione xiij^ma,
pontificatus sanctissimi in Christo patris et domini nostri, domini
Pauli Divina providencia Papæ Secundi anno primo, in domo habitationis
venerabilis mulieris Elisabethæ Venor in le Flete vulgariter nuncupat’
infra parochiam Sanctæ Brigidæ Virginis in suburbeis civitatis London’
situata, [et] x., xj., et xij^mo diebus mensis Decembris anno Domini
supradicto, Indictione xiiij^ma, pontificatus dicti sanctissimi patris
domini Pauli Papæ Secundi anno secundo, in domo thesaurarii ecclesiæ
Cathedralis Sancti Pauli London’ in parochia Sancti Gregorii civitatis
London’ situata, coram venerabili viro Magistro Johanne Druell,
utriusque juris doctore, commissario et examinatore in hac parte
specialiter deputato, in præsentia mei, Nicholai Parker, notarii
publici, scribæ in ea parte assumpti et deputati, de et super
interrogatoriis per partem venerabilis viri domini Willelmi Yelverton
militis et Willelmi Worceter, executorum testamenti domini Johannis
Fastolf militis ministratis, productum.’
[Footnote 236.1: [From Paston MSS., B.M.] The following
examinations are contained in the same volume as the depositions
of John Paston of which an abstract will be found in No. 606. They
begin at page 21, immediately after Paston’s depositions, a single
blank page intervening.]
[Footnote 236.2: By a singular mistake in the record, Sir William
Yelverton is here spoken of as deceased instead of John Paston:--
‘per partem venerabilis viri domini Willelmi Yelverton militis
defuncti contra testes Johannis Paston armigeri et domini Thomæ
Howys.’ Yelverton certainly lived for some years after this, and
was continued as judge by Henry VI. on his restoration (_see_
Foss), but John Paston died on the 26th May 1466.]
[Footnote 239.1: South-Town, Yarmouth, sometimes called Little
Yarmouth.]
[Footnote 240.1: ‘Quod dictis Johannes Paston apud Castre
penultimo die Octobris ultimo præterito ad tres annos proxime
elapsos sibi retulit.’ It would seem by this that Popy’s testimony
must have been given within three years of Fastolf’s death.]
[Footnote 241.1: The residences of every one of the witnesses are
given from the time of his birth; but we have given these details
only in one or two cases as specimens.]
[[in the manor of Caster
_text unchanged: Gairdner’s usual spelling is “Caister”_]]
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