Additional exceptions on the part of Yelverton and Worcester to the testimony 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,[239.1] 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,[240.1] 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 Norfolk, 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 knowledge 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 accordingly 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 instruments 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 statements 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, liberæ conditionis, about thirty years old.