Examinations touching Fastolf's Will

606

ABSTRACT¹

EXAMINATIONS TOUCHING FASTOLF’S WILL

     John Paston examined by a commission of Thomas, Archbishop of Canter-
bury, 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 after-
wards 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 adminis-
trators 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.

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     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 deposi-
tions 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 11. will be found under its proper
date.

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