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, xxixº die mensis Julii anno Domini MºCCCClxvto, Indictione xiijma, 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 vulgariter nuncupat’ infra parochiam Sanctæ Brigidæ Virginis in suburbeis civitatis London’ situata, [et] x., xj., et xijmo diebus mensis Decembris anno Domini supradicto, Indictione xiiijma, pontificatus dicti sanctissimi patris domini Pauli Papæ Secundi anno secundo, in domo thesaurarii ecclesiæ Cathedralis Sancti Pauli London’ in parochia Sancti Gregorii civitatis London’ situata, coram venerabili viro Magistro Johanne Druell, utriusque juris doctore, commissario et examinatore in hac parte specialiter deputato, in præsentia mei, Nicholai Parker, notarii publici, scribæ in ea parte assumpti et deputati, de et super interrogatoriis per partem venerabilis viri domini Willelmi Yelverton militis et Willelmi Worceter, executorum testamenti domini Johannis Fastolf militis ministratis, productum.’
[236.1] [From Paston MSS., B.M.] The following examinations are contained in the same volume as the depositions of John Paston of which an abstract will be found in [No. 606]. They begin at page 21, immediately after Paston’s depositions, a single blank page intervening.
[236.2] By a singular mistake in the record, Sir William Yelverton is here spoken of as deceased instead of John Paston:— ‘per partem venerabilis viri domini Willelmi Yelverton militis defuncti contra testes Johannis Paston armigeri et domini Thomæ Howys.’ Yelverton certainly lived for some years after this, and was continued as judge by Henry VI. on his restoration (see Foss), but John Paston died on the 26th May 1466.
[239.1] South-Town, Yarmouth, sometimes called Little Yarmouth.
[240.1] ‘Quod dictis Johannes Paston apud Castre penultimo die Octobris ultimo præterito ad tres annos proxime elapsos sibi retulit.’ It would seem by this that Popy’s testimony must have been given within three years of Fastolf’s death.
[241.1] The residences of every one of the witnesses are given from the time of his birth; but we have given these details only in one or two cases as specimens.