Sir John drew up a petition to the king upon the subject. He showed that the duke had been originally led to lay claim to Caister by the malice of Sir William Yelverton, William Jenney, and Thomas Howes, who were enfeoffed of that and other lands to his use; that upon their suggestion the duke had entered the manor by force, and also taken from him 600 sheep and 30 neat, besides one hundred pounds’ worth of furniture; that he had done damage to the place itself which 200 marks would not suffice to repair, and that he had collected the revenues of the lands for three years to the value of £140. By the mediation of the Bishop of Winchester, the duke had afterwards restored him to possession of the manor on payment of 500 marks, and released to him his estate and interest therein by a deed under the seals of himself and his co-feoffees, and of the Bishop of Winchester. Sir John, however, had remained in possession only half a year, during which time he had laid out 100 marks in repairs, and £40 for the ‘outrents’ due for the three years preceding, when the duke again forcibly entered the manor, and had kept possession from that time for the space of four years and more, refusing to hear any remonstrances on the subject, or to allow Sir John to come to his presence. Moreover, when Sir John had applied to any of my lord’s council, requesting them to bring the matter before his lordship, they told him that they had mentioned his request, but that he was always so exceedingly displeased with them that they did not dare to urge it. Thus Sir John had lost all his cost and trouble for four years, and thrown away 500 marks to no purpose.[295.2]
A.D. 1476, 16th Jan.
This petition was probably never presented to the king. Death of the Duke of Norfolk. It must have been drawn up in the end of the year 1475, and in the middle of January 1476 the Duke of Norfolk suddenly died.[295.3] The event seems to have occurred at his seat at Framlingham, and Sir John Paston, who writes to notify it to his [296] brother, must have been there at the time,[296.1] intending perhaps to have made one last effort with the duke’s council or himself, before applying for justice to the king. But matters now stood on a different footing, and Sir John, after making his intention known to the duke’s council, sent a messenger named Whetley to Caister to assert his rights there. Considering all that had passed, the act could not reasonably have been wondered at; but his brother John intimated to him a few days later that it was resented by some of the late duke’s servants, as showing great want of respect for their master.[296.2] This imputation Sir John repudiated, pointing out most truly that no wise man could have blamed him, even if he had anticipated the duke’s decease, and entered Caister an hour before it took place. Indeed, considering the justice of his claim, no one could be sorry to see Sir John in possession, who was a real friend to the duke, and loved the weal of his soul.[296.3]
It is curious to see the notions entertained in that day of the respect due to a duke, even from those whom he had very seriously wronged. However, Sir John Paston was not backward in yielding all that was conventionally due; and in the very letter in which he intimated the duke’s death to his brother, he says he had promised his council the loan of some cloth of gold for the funeral. The article was one which it was difficult to procure in the country, and he proposed to lend them some that he had bought for his father’s tomb.[296.4] His mother afterwards authorised him to sell it to them, if he could get a sufficient price for it.[296.5]
Sir John, however, after a brief visit to Norwich, hastened up to London. Now was the time that application must be made to the king; for it would be found by the inquisition that the Duke of Norfolk had actually died seised of the manor of Caister, and, unless efficient protest were made, the title would be confirmed to his widow.[297.1] Sir John’s chief fear seems to have been that writs of diem clausit extremum would be issued before he had an opportunity of urging reasons for delay; in which case the inquisition would speedily be taken, and all that he could do would be to set forth his claim to the escheator before whom it was held. But he soon found that he need not be over anxious on this account. The duchess herself was anxious that the writs should not be issued too precipitately, and John Paston told his brother that he ‘need not deal over largely with the escheators.’[297.2] The duchess, on the other hand, was suspicious of Sir John, and was warned to be upon her guard lest he should attempt to retake Caister by the strong hand. A favourable opportunity might have been found for such an attempt at that time, as the moat was frozen and could have been crossed with ease. John Paston, however, assured the duchess that his brother intended to make no entry without her knowledge and assent. The matter at last was brought before the king’s council, and was decided in Sir John Paston’s favour in May following, all the lords, judges, and serjeants pronouncing his title good. Recovery of Caister. Privy seals were then made out for the duchess’s officers to give up possession, and seven years after the siege of Caister, Sir John was once more the acknowledged master of the place.[297.3]
The whole story of the duke’s claim to Caister and of his injustice towards Sir John was finally recorded in the inquisition, which was taken, after an unusual delay, in October of the year following. It was shown that Yelverton, Jenney, and Howes, acting without the assent and against the will of the other trustees of Sir John Fastolf’s lands, but in their names, had made a charter granting to the duke and to Thomas Hoo, Sir Richard Southwell, William Brandon, Ralph Asheton, John Tymperley, and James Hobert, the manors of Caister in Flegg, [298] by Great Yarmouth, called Redham Hall, Vaux, and Bosouns. This charter, which was not sealed, was shown to the jury, and it appeared that the said Yelverton, Jenney, and Howes had thereby demised what had belonged to them, that is to say, three out of eight parts of the same manors, to the said duke and the others. Afterwards the same duke and his co-feoffees, by the mediation of the Bishop of Winchester, seeing that the said demise and enfeoffment was against conscience, and in consideration of 500 marks paid by the bishop at the charge of Sir John Paston, enfeoffed John, Bishop of Hereford, John, Bishop of Coventry and Lichfield, and nine others, to the use of Sir John Paston. These again, by another deed, gave up their trust to Sir John Paston, and to Guy Fairfax and Richard Pigot, serjeants-at-law, John Paston, Esquire, and Roger Townsend, whom they enfeoffed to the use of Sir John Paston and his heirs for ever. Then the other trustees of Sir John Fastolf enfeoffed the same Sir John Paston, Fairfax, and the others in the same way; so that these last became seised to Sir John’s use of the whole property—not merely of the three-eighths originally demised by Yelverton, Jenney, and Howes, but also of the remaining five-eighths—until they were violently disseised by the duke, who enfeoffed thereof Thomas, Archbishop of Canterbury, William, Bishop of Winchester, Henry, Earl of Essex, Richard Southwell, James Hobert, Richard Darby, clerk, and John York. After this the duke died; but while he lived, Sir John Paston had continually laid claim to the manors in his own name and in that of the said Guy Fairfax and others, sometimes entering the same, and sometimes going as near as he could with safety to himself. Finally, he entered after the duke’s death, and had been seised for a long time when the inquisition was taken. The duke, therefore, it was found, did not die seised of the manors. It was further found that these manors were holden of the Abbey of St. Benet’s, Hulme.[298.1]
[291.4] No. 875.
[291.5] Nos. 854, 855, 856.
[291.6] No. 851.
[291.7] No. 845.