John Paston to the Lord Chancellor

530

JOHN PASTON TO THE LORD CHANCELLOR¹

SHEWYTH and lowly compleynith on to your good
     Lordship John Paston, the older, Squier, that where
     Sir John Fastolf, Knyght, cosyn to your seid besecher,
was seasid of diveris maners, londs, and tenements in Norfolk,
Suffolk, and Norwich, the xxvij. yere of Kyng Herre that was,
and therof infeffid diveris persones to execute and performe
his will, and mad his will in especiall that a college of vij.
monks shuld be stabilisshed, founded, and indewed withinne a
plase late be the seid Sir John edified at Caster be the see
in Norfolk, and certeyn livelode to be immortesid² therto, to
prey for his sowle, his faders and moders, in forme and maner
as in his will mad at that tyme more pleynly specifyth; whech
will and feffment continued till the xxxv. yere of the seid late
Kyng. And aftir, upon divers communicacions had be divers
personis with the seid Sir John Fastolff, and upon divers con-
sideracions mevid to hym, the seid Sir John Fastolff conceyvid
that such be monkys hym there to be indewed shuld not be
of power to susteyne and kepe the seid plase edified, or the
lond that shuld be immortesid ther to, acordyng to his seid
entent and will; wherfore, and for good will that the seid Sir
John Fastolff had to the proferryng of your seid besecher mevyd
hym to have the seid plase and certeyn of his livelode of gretter
valew than the charge of the seid college schuld drawe, and to
found the seid college and to bere the reparacion and defens
therof. Upon whech mocion the seid Sir John Fastolff and
your seid besecher apoynted be word withowt writyng at that
tyme mad that your seid besecher shuld, aftir the decese of
the seid Sir John Fastolff, have the seid plase in Caster, and
all the maners that were the seid Sir John Fastolffs or any
other to his use in Norfolk, Suffolk, and Norwich, up trust
that the same John Paston shuld founde there a college of vij.
monkes or prestes havyng a certeyn pension for her sustenta-
cion payid clerly in mony withowt any charge, cost, reparacion,
or joperde of defens of the seid plase or of any other livelode
to be bore be the seyd collegians, and more over to paye a
certeyn somme of mony of the revenews of the seid maners,
londes and tenementes to be disposid yerly be certeyn yeres
for the sowle of the seid Sir John Fastolff till the summe of
v.^ml. [5000] mark were so disposed. Upon wech apoynte-
ment it was acordyd be thwyx the seid Sir John and your seid
besecher, for as moch as your seid besecher had non astate in
the seid maners and londes and tenementes, that for his more
suerte, and upon trust that the seid Sir John had to your seid
besecher in this behalfe that a newe feffement shuld be mad of
the seid plase and of the maner of Caster, and all the seid
maners, londs and tenements to your seid besecher, and divers
other personys to the use of the seid Sir¹ John, terme of his
lif, and aftir his decese to the use of your seid besecher. And
moreover, for as moch as your seid besecher was in dowte
whedir God wold send hym tyme of life to execute the seid
apoyntement, intendyng that th’effect of the old purpose of
the seid Sir John Fastolff schuld not be all voyded, thow it
so fortuned your seid besecher cowd not performe the seid
apoyntement, mevid the seid Sir John Fastolff that, not with-
standyng the seid apoyntement, that he aftir the seid feffement
mad shuld make his will for the seid college, to be mad in all
maner wise as thow the seid Sir John Fastolff and your seid
besecher shuld not make² the seid apoyntement; and that aftir
that, the seid apoyntement to be ingrosid and made so that
the seid college shuld hold be the same apoyntement of your
seid besecher, and ellis this seid will of the seid Sir John
Fastolff to stand in effect for executyng of his seid purpose.
And sone aftir this comunicacion and apoyntement the seid
feffement was mad acordynge, and season deliverid to your seid
besecher at the seid plase edified in Caster, as well as at the
seid maners, londs, and tenements, the seid Sir John Fastolff
beyng present at delivery of season mad to your seid besecher
of the seid plase and maner of Caster, where the seid Sir John,
more largely expressyng the seid will and entent, deliverid
your seid besecher possession with his owne hands, declaryng
to notabill personys there the same feffement to be made to
the use of the seid Sir John as for terme of his lif only, and
aftir his decese to the use of your seid besecher and his heyrs;
and divers tymes in divers yeres aftir declared his entent in
like wise to divers personys. And aftir, be gret deliberacion
and oft communicacion of the seid mater, the seid Sir John
Fastolff and your seid besecher comenauntyd¹ and apoynted
be writyng thoroughly for the seid mater so that your seid
besecher shuld have the seid plase and all the seid maners,
londs, and tenements in Norfolk, Suffolk, and Norwich, to
hym and to his heyrs; and that he shuld found a college of
vij. monkes or prestes withinne the seid plase perpetually as is
before seid, and to pay iiij.^ml. [4000] mark to be disposed in
certeyn yers for the sowle of the seid Sir John Fastolff; the
whech apoyntement declarid and red before the seid Sir John
Fastolff, be good deliberacion was be the seid Sir John fully
concludid, agreyd and stabilisshid for his last will in that
behalve.

     And also the seid comenauntes and apoyntementes eftsonis
callid to remembraunce be the seid Sir John Fastolff, the same
Sir John, for certeyn consideracions movyng hym, be his word,
withowt writyng, dischargid your seid besecher of the seid
somme of iiij.^ml. mark, desiryng hym so to ordeyne that ich of
the seid monkes or prestes shull yerly have as the prestes of
the chauntry of Heylesdon had, and that vij. pore men shull
also be founde yerly in the seid plase inperpetuite to pray for
the sowles above sayd.

     [And aftir, that is to sey the Satirday, Sonday, and Monday
next before the decese of the seid Sir John, the same Sir John,
remembryng divers maters and intents in his mynd necessary
for the wele of his sowle, wheche were not expressid in the
seid will and apoyntement, nowther in his testament, and that
he wold have one will mad and wrete conteynyng the seid
apoyntements, as well as the seid other maters not declarid in
his intent and will acordyng, comaundid to have it so ingrosid
and wrete.]¹ And where your seid besecher hath don his
part acordyng to the will and apoyntements of the seid Sir
John, as well in fyndyng of the seid prestes and pore men as
in all other thyngs that to hym belongyth to do in that behalfe;
and, this not with standyng, William Yelverton, Knyght, and
William Jenney, whech be infeffid joyntly with your seid
besecher in divers of the seid maners, londs and tenements,
have² mad a sympill entre in all the seid maners in Suffolk,
and chargid the baylifs, fermors, and tenaunts of all the seid
maners to pay hem the profitez and revenews of the same
maners, londs, and tenements; and thus, contrary to th’entent
of the seid feffement, and contrary to the will of the seid Sir
John Fastolff, thei trobill and lette your seid besecher to take
the profitez of the seid maners, londs, and tenements; of
whech your seid besecher hath no remedy at the comen lawe.
Wherfore please your good and gracious Lordship to direct
severall writts of subpena to the seid William and William,
chargyng hem severally upon a peyne convenient to appere
before your Lordship in the Chauncery at a certeyn day be
your Lordship to be limityd, to answer to these premisses, and
to do as right and consiens requirith. And your seid besecher
shall pray God for yow.

     ¹ [From Paston MSS., B.M.] This is a draft bill in Chancery prepared by John
Paston with a view to the commencement of a suit against Yelverton and Jenney for
their entry into the manor of Cotton and other lands of Sir John Fastolf in Suffolk.
The document may have been drawn up in the latter part of the year 1461; but
from the contents of the preceding letter it is not unlikely to have been a year later.
Two copies of this document exist, with the very same corrections and interlineations
in both.

     ² Amortized, or granted in mortmain.

     ¹ ‘Sir.’—This word is omitted in the first copy.

     ² ‘Shuld not make.’—These words are interlined in place of the word ‘left,’
which is erased.

    ¹ So spelt in both copies.

     The following article is added in the first copy with many corrections:—

     And aftir, late before the discese of the seid Sir John Fastolff, he wold and
ordeynid that on wryting shuld be mad of the fundacion of the seid college aftir
the forme of the seid apoyntement mad with your seid besecher, and of diverses
othir articles conteynid in his seid former willes, not conserning the seyd colegge
and also of divers maters wheche he remembrid necessary for the wele of his
sowle, that were nevir expressid in writyng before, joyntly to geder expressyng
his hole and inter and last will and intent in all.

    ¹ The clause between brackets is cancelled in the first copy.

    ² This word is interlined in the second copy only.

1462(?)

1462(?)

1462(?)

1462(?)