Paston letters and papers of the fifteenth century, Part I

PETITION TO THE CHANCELLOR: DRAFTS 1461-2

Shewyth and lowly compleynith on-to your good lordship John Paston the older, squier, that where Ser John Fastolff, knyght, cosyn to your seid besecher, was seasid of diuers maners, londes and tenementes in Norffolk, Suffolk, and Norwich the xxvij yere of Kyng Herry that was, and therof infeffid diuers persones to execute and performe his will, and mad his will in especiall that a college of vij monkes shuld be stabilisshed, founded, and indewed with-inne a plase late be the seid Ser John edified at Caster be the see in Norffolk, and certeyn livelode to be inmortesid therto to pray for his sowle, his faderes and moderes, in forme and maner as in his will mad at that tyme more pleynly specifith, whech will and feffement continued till the xxxv yere of the seid late kyng; and aftir, vpon diuers comunicacions had be diuers personys with the seid Ser John Fastolff, and vpon diuers consideracions mevid to hym, the seid Ser John Fastolff conceyvid that such monkes be hym there to be indewed shuld not be of power to susteyne and kepe the seid plase edified or the lond that shuld be inmortesid therto acordying to his seyd entent and will; wheremoverfore, and for good will that the seid Ser John Fastolff had to the proferryng of your seid besecher, mevid hym to haue the seid plase and certeyn of his livelode of gretter valew than the charge of the seid college shuld drawe, and to found the seid college and to bere the reparacion and defens therof. Vpon whech mocion the seid Ser John Fastolff and your seid besecher apoynted be word, withowt writyng at that tyme mad, that your seid besecher shuld, aftir the decese of the seid Ser John Fastolff, haue the seid plase in Caster and all the maners that were the seid Ser John Fastolffes, or any other to his vse in Norffolk, Suffolk, and Norwich, vp trust that the same John Paston shuld founde ther a college of vij monkes or prestes, havyng a certeyn pension for her sustentacion payid clerly in mony withowt any charge, cost, reparacion, or jopardé of defens of the seid plase, or of any other livelode to be bore be þe seyd colegians,

and more-over to pay a certeyn somme of mony of þe revenus of þe seyd maneris, londes, and tenementes to be disposed yerly be certeyn yeres for the sowle of the seid Ser John Fastolff till þe som of v ml mark wer so disposid. Vpon whech apoyntement it was acordid be-thwyx the seid Ser John and your seid besecher, for asmoch as your seid besecher had non astate in the seid maners, londes, and tenementes, that for his more suerté and vp-on trust that the seyd Ser Jon had to yowremover seyd besecher in this behalve that a newe feffement shuld be mad of the seid plase and of the maner of Caster and all the seid maners, londes, and tenementes to your seid besecher and diuers other personis, to the vse of the seyd Ser John term of his liff and after his deses to the vse of yowr seyd besecher. And moreouer, for asmoch as your seid besecher was in dowte whedir God wold send hym tyme of lif to execute the seid apoyntement, intendyng that th' effect of the old purpose of the seid Ser John Fastolff shuld not be all voyded, thow it so fortuned your seid besecher cowd not performe the seid apoyntement, mevid the seid Ser John Fastolff that not withstandyng the seid apoyntement that he, aftir the seid feffement mad, shuld make his will for the seid college to be mad in all maner wise as thow the seyremoved Ser Jon Fastolff and your seid besecher shuld not make the seid apoyntement, and that, aftir that, the seid apoyntement to be ingrosid and mad so that the seyd colege shuld hold be the same apoyntement of your seid besecher, and ellis this seid will of þe seyremoved Ser Jon Fastolff to stand in effect for executyng of his seid purpose. And sone aftir this comunicacion and apoyntement, the seid feffement was made acordiremoveng and season deliuerid to your seid besecher at the seid plase edified in Caster, aswell as at the seid maners, londes, and tenementes, the seid Ser John Fastolff beyng present at deliuery of season mad to your seid besecher of the seid plase and maner of Caster, where the seid Ser John, more largely expressyng the seid will and entent, deliuerid your seid besecher possession with his owne handes, declaryng

to notabill personys there the same feffement to be mad to the vse of the seid Ser John as for terme of his lif only, and aftir his decese to the vse of your seid besecher and his heyres; and diuers tymes, in diuers yeres aftir, declared his entent in like wise to diuers personys, and aftir, be gret deliberacion and oft comunicacion of the seid mater, the seid Ser John Fastolff and your seid besecher comenauntyd and apoynted be writiremoveng thoroughly for the seid mater, so that your seid besecher shuld haue the seid plase and all the seid maners, londes, and tenementes in Norffolk, Suffolk, and Norwich to hym and to his heyres, and that he shuld founde a college of vij monkes or prestes with-inne the seid plase perpetually, as is before seid, and to pay iiij ml mark to be disposed in serteyn yeris for the sowle of the seid Ser John Fastolff. The whech apoyntement, declared and red before the seid Ser John Fastolff, be good deliberacion was be the seid Ser John fully concludid, agreid, and stabremovelyshid for his last will in that be-halve. And also the seid comenauntes eftsonis callid to remembraunce be the seid Ser John Fastolff, the same Ser John for certeyn consideracions movyng hym, be his word withowt writyng dischargid your seid besecher of the seid somme of iiij ml mark, desiryng hym so to ordeyn that ich of the seid monkes or prestes shull yerly haue as the prestes of the chauntry of Heylesdon had, and that vij pore men shull also be founde yerly in the seid plase inperpetuité to pray for the sowles abovesayd. and aftir, that is to sey the Satirday, Sonday,and Monday next before the decese of the seid Ser John, the same Ser John, remembryng the diuersité of þe forme of þe fundacion of þe seyd colege in hes former willis wret and in þe seyd appoyntement, also remembryng diuers maters and intentes in his mynd necessary for the wele of his sowle not expressid in writiremoveng in any will be hym mad before, nowithire in the seid apoyntement deklarid, wold haue on will mad and wrete after þe effecte of the seid apoyntementes towchiremoveng the fundacion of þe colege aswell as the seid other maters removenot declarid in his intent and

will acordyng, comaundid to haue it so ingrosid and wrete, and wher your seid besecher hath don his part acordying to the seyd will and apoyntementes of the seid Ser John, aswell in fyndyng of the seid prestes and poremen as in all other thynges that to hym belongyth to do in that behalfe. and this notwithstandyng, William Yeluerton, knyght, and William Jenney, whech be infeffid joyntly with your seid besecher in diuers of the seid maners, londes, and tenementes, haue mad a sympill entré in all the seid maners in Suffolk, and chargid the baylifs, fermores, and tenauntes of all the seid maners to pay hem the profitez and reuenews of the same maners, londes, and tenementes, and thus contrary to th' entent of the seid feffement and contrary to the will of the seid Ser John Fastolff thei trobill and lette your seid besecher to take the profitez of the seid maners, londes, and tenementes, of whech your seid besecher hath no remedy at the comon lawe, Wherfore please your good and gracious lordship to direct seuerall writtes of sub pena to the seid William and William, chargyng hem seuerally vpon a peyne conuenient to appere before your lordship in the Chauncery at a certeyn day be your lordship to be limityd, to answer to these premisses and to do as right and consiens requirith. And your seid besecher shall pray God for yow.