Examinations touching Sir John Fastolf's Will

639

ABSTRACT¹

EXAMINATIONS TOUCHING SIR JOHN FASTOLF’S WILL

     A.D. 1466. The following witnesses were examined secretly and apart
on behalf of Sir William Yelverton, ‘deceased,’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.
  May 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 Nor-
wich, 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 accom-
plishment 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 pro-
fession 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 un-
able 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 afore-
said, 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 break-
fast; 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 horœ septimœ usque ad
finem horœ undecimœ), and Robert Hert from seven to ten A.M., were at Yar-
mouth, 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 break-
fast-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
Lawcs 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 testi-
mony in behalf of Yelverton and Worceter, being men of good repute, suffi-
ciently rich, and well worthy of credit.

     Additional exceptions on the part of Yelverton and Worcester to the testi-
mony 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,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
10s. 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,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 Nor-
folk, 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 know-
ledge 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 accord-
ingly 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 instru-
ments 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 state-
ments 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, liberœ 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 Yar-
mouth, 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.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 Yar-
mouth, 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
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 deposi-
tion 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 fort-
night 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 20s. 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 Felmyng-
ham, 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, pro-
duced 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 40s. for his servant, to say masses for the soul of Sir
John Fastolf. Cannot witness of bribery otherwise. A little after Michael-
mas, two years before Fastolf’s death, William Worceter in Fastolf’s name
delivered possession of six of his manors in Lodylond, viz. Spytlyng in Gor-
laston, 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 20s., 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 pro-
duced 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, xxix^o
die mensis Julii anno Domini M^oCCCClxv^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