5. Barth. Elys of Yarmouth, ‘literatus liberæ conditionis,’ fifty years old and more (proves Rus’s absence, but his testimony is declared in the margin to be improbable, and not to agree with Davy’s).
6 July. Naseby produces Rob. Wylly on the part of Yelverton and Worcester. Examined on the 9th.—Says he was required by Paston and Howys to see Fastolf’s will, and ‘ad impediendum [impendendum] consilium suum:’—that on a Sunday in the summer after Fastolf’s death, John Paston showed him, at Fastolf’s house in Southwark, Sir John’s will written on paper, in presence of Clement Felmyngham and John Bracley, and asked his opinion if it was valid. Thought it insufficient to overthrow any previous will. A clause mentioning Tudenham and Heydon as executors was cancelled by this deponent’s advice, ‘eo quod erat contra caritatem.’
13 July at Bow Church. Naseby produces John Marshall and John Davy, whose examinations follow.
19 Oct. 1464. Druell examines Hen. Wenstall at the treasurer’s house of St. Paul’s.
15 Nov. 1464. Druell examines Rob. Hert.
1 Dec. Naseby produces Rob. Fyztrauf, whose production Kent opposes; who tries to prove Rus’s absence (insufficiently, as remarked in the margin), because he was constantly with Fastolf, except half an hour that morning, and held the basin while Henry Barbour lathered the beard (lavit barbam) of the said Sir John Fastolf.
‘Responsiones personaliter factæ per dominum Thomam Howys unum executorum domini Joh’is Fastolf, ultimo die mensis Aprilis Aº Dni 1464,’ &c., ‘coram Ven. viro Mag’ro Thoma Wynterbourne, LL.D.,’ &c., ‘in camera ejusdem infra manerium Revmi patris apud Lamehith, Winton dioc’ situat’, in præsenncia mei Nicholai Parker,’ &c.
Howys says he did not see Coteler or Rus in Fastolf’s chamber that Saturday before he went to dinner. On Saturday and Sunday before his death Fastolf spoke so low he could hardly be heard by any one, and Howys heard him only by putting his ear close to his mouth. Fastolf’s mind was clear.
[101.4] [From MS. Phillipps, 9309.] These depositions, of which we shall only attempt to give some of the principal points, were produced in the Spiritual Court by Sir William Yelverton and William Worcester in opposition to the claim of John Paston and Thomas Howes to be Sir John Fastolf’s executors. The examinations were taken at intervals during the years 1464, 1465, and 1466, and the suit was not terminated when John Paston died. The MS. volume here referred to contains three distinct bundles of these depositions bound up in a wrong order. A volume containing similar matter among the Paston MSS. in the British Museum will be found entered in the year 1465.
[103.1] There is no verb in the MS. to govern munimenta et evidencias.