Item, predictus Johannes Paston ... ml.vjc.lxvjli. xiijs. iiijd.
“c.” (100) printed as subscript
[639]
ABSTRACT[236.1]
Examinations Touching Sir John Fastolf’s Will
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.:—
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 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.