Paston letters and papers of the fifteenth century, Part I

INDENTURE OF AGREEMENT ON FASTOLF ESTATE 1470, 07, 14

Magna indentura conuencionum factarum inter dominum episcopum Wintoniensem et J. Paston militem de qua materia tamen dictus Johannes generaliter relaxauit.

This indenture made betwene the right reuerend fader in God William Wayneflete, Bisshop of Wynchestre, on the oone party, and John Paston, knyght, on the other party, wittenesseth that where John Fastolf, knyght, nowe dede, late beyng seised in his demene as of fee of dyuers maners, londis, and tenementes in the countees of Surré, Essexe, Suffolk, and Norfolk, and in the cité of Norwich, and beyng also possessed of right grete and notable summes of money, jowelex, plate, aras, and other godez and catallez qvyk and dede, caused a feoffement of the said maners, londes, and tenementez to be made to the seid reuerend fader and other, to haue to them and to theire heyres foreuermore to parfourme thereof the wille and entent of the seid Syr John Fastolf, the same Syr John Fastolf also made his testament and named and ordeyned the seid reuerend fader and other to be executoures of the same testament; which Syr John Fastolf, amonge othere pitueux and charitable dedes, willed and ordeyned vij prestys and vij poore folkes to be endowed perpetuelly to praye for the soulez of the same Syr John Fastolf and of Dame Millicent his wife and

other of his frendes and benefactours. After the decesse of which Syr John Fastolf grete variance hathe growen betwene John Paston, sqwyer, fader of the seid John Paston, knyght, on the oon party, and dyueres of the seid feofféz on the other party,for a bargayne alleged to be made betwene the said John Fastolf, knyght, and John Paston, sqwyer, of the seid maneres, londes, and tenementez in the countéz of Norfolk, Suffolk, and in the citee of Norwich; by occasion of which variance dyvers of the seid feofféz of the seid maneres, londes, and tenementez haue thereof made estat, summe to oon persone and summe to other, and grete summes of money and also grete substaunce of the said goodes and catallex and of th'issues and profettes growen and commen of the seid maners, londes, and tenementez, and the wodez of the same, haue be wasted, decaied, and spent, the verey wille of the seid Syr John Fastolf in many grete parties thereof delaied and not parfouremed yet nor executed, and the seid troublez contynued neuer likly in tyme cummyng to be executed. Wherefor the seid reuerend fader, seyng that all the seid named executours nowe in life, excepted hymself oonely, what for renownecyng of administracion of the seid testament, what for other cawses, may not now take vpon them the administracion thereof, considered also of the seid grete substance of lond and goodez the grete waste, destruccion, and perplexité, havyng pité and compassion that of so blessed and charitable entent of the seid John Fastolf no commendable effect shuld ensue, remembryng the singuler trust which the same John Fastolf to hym had, bothe in the seid feoffament and in th' execucion of the testament and of the premyssez, hathe taken vpon hym th'execucion of the seid testament, entendyng by the grace of God, bothe of the seid londes as farforthe as he may and also of such goodez of the seid John Fastolf as yet remayne vnspent and shal com to the hondys of the seid reuerend fadere, that the wille of the same John Fastolf therof shalbe executed. Therefore in ceesyyng of variances, pleez, and trowblez which haue fallen and hereaftir by likliode shuld be contynued, and in accomplesment of party of the will of the said John Fastolf, it is aggreed betwene the said parties in maner and fourme foloyng: that is to witt that the said John Paston and all othere personez by hym or to his vse havyng any title, posses- sion, or interesse in any maners, londes, tenementez, or other possessions which were of the seid John Fastolf in the counteez and citee aforesaid, except certeyn maners, londes, tenementez, and possessions with thaire appurtenauncez vnder writen, that is to wite the maner of Castre with appurtenance in the counté of Norfolk, and all the londys and tenementez called Vaux, Redham, or Bosoms in Castre, the maner called Spencers in Haryngby, except also the maners of Hailesdon, Drayton, Tolthorp, and tenementez in the citee of Norwich, shal relenxe before the fest of

Cristmasse to the seid reuerend fadere and to his heires foreuermore all theire right and intresse which thei haue in all the seid maners, londes, and tenementez, or in ony of them, excepted before excepted, discharged of any rent, reconusaunce, execucion, or ony charge by them or ony of them made, other than the same maners, londes, tenementez, and possessions or any parcell of them were charged tyme of the first estat thereof made to the said John Paston or to ony person or persones to th'use of the said John Paston. Also the said reuerend fader shal, before the said fest of Cristmasse, do to be made to þe seid John Paston, knyght, or such personez as the same1 John wol assigne, and to theire heires foreuermore, a lawfull and sufficiant dymysse of estate of fee symple of the said maner of Castre and of the seid maner called Spensers in Haryngby and of all the londes and tenementez in Castre and also the londes and tenementes in Haryngby called Spensers which were of the seid John Fastolf, and which the seid reuerend fadere to-gedir with John Beauechampe, knyght, Lord Beauechamp, and other had of the feoffament of Rauf Lord Suydeley and other such, and the hole estat as the seid reuerend fader and Lord Bewchamp have or had by reson of the same feoffement discharged of any rent, reconusaunce, execucion, or any charge by theym or either of them made, other than the same maners, londes, and tenementez or any parcell of them were charged tyme of the same feoffement made. Also the seid reuerend fader graunteth to doo his effectuell deuoure to cause William Paston to make dymyss of his estat of fee theryn to the seid John Paston, knyght, in the same fourme discharged, and that by sub pena if the case require. And forthermore the seid reuerend fader promitteth vpon his honoure to do his effectuell deuoure that before the feste of Witsontide next comyng John, Duke of Norfolk, and all other personez by the same Duke or to his vse beyng feoffed in the seid maner of Castre or in any of the seid londes and tenementes in Caster aforeseid, shal make laufull and sufficiant dymysse of theire estat, title, and interesse thereof to the seid John Paston, knyght, or to such personez as the same John Paston wol assigne and to theire heires foreuer- more, discheirged of any rent, reconusaunce, execucion, or any charge other than the same maners, londes, and tenementes or any parcell of them were charged tyme of the first estat thereof made to the seid Duke or to any person to th'use of the same Duke. And if William Yeluerton, knyght and justice, or William Geney, seriaunt, haue not relessed or graunted theire estat in the seid maner of Castre to the seid John, Duke of Norfolk, nor to none other persone to th'use of the same Duke, than the said reuerend fader shal doo his effectuell deuoure to cause the said William Yeluerton

and William Geney to graunte theire said estat to the seid reuerend fader or to the seid John Paston, knyght, or to such personez as the seid John Paston wol assigne and to theire heires foreuermore, or relesse in-to theire possession before the seid fest of Cristmasse, discharged of any rent, reconusaunce, execucion or any charge by theym or either of them made other than the same maners, londes, and tenementez or any parcell of them were charged tyme of the first estat thereof made to the seid William Yeluerton and William Geney. And if th'estat of the seid maner of Caster to the seid John Paston, knyght, be not so made by the seid Duke and other to his vse possessed thereof, the said reuerend fader graunteth that withyn iij monethes next foloyng the said fest of Witsontide to do make a laufull and sufficient estat of fee symple of the maner of Guton with th'appurtenaunce to the said John Paston, knyght, or to such personez as the same John wol assigne and to theire heires, discharged as it was tyme of the feoffement made thereof to the seid reuerend fader, or elles to paye and content to the same John Paston, knyght, or to his assignez withyn the same iij monethes dccxl markez laufull money of Englond. Also it is aggreed that if the seid John Paston, knyght, haue not the seid maner removeof Guton to hym and to his heires as is aforesaid, than the same reuerend fader shal discharge the seid John Paston of promys of bargayne of the seid maner of Guton by the seid John Paston, knyght, made to Thomas, Archebisshop of Canterburye. Also, as to the said maners of Halysdon, Drayton, Tolthorp, and tenementes in the cité of Norwich with theire appurtenaunces, it is aggreed betwene the seid parties that the seid reuerend fader and John Paston, knyght, shal sue for the obteynyng thereof by laufull and resonable menes by aduyse of theire counseill and at theire owne cost; and suche thynge theryn as thei haue, or shalbe recouered, goten, or obteyned by them or any of them, or by any other havyng therein title or interesse to th'use of any of them, shalbe equally dyvided betwene the said reuerend fader and John Paston, knyght, and theire bothe heyres, how be it that any of the seid reuerend fader and John Paston, knyght, decesse before the same recoueryng, getyng, or obteynyng. And neither of the same partiez, heyres, or executours shal take advauntage by the survyuer, butt oonely haue the halfdele of such thyngez as shalbe recouered, goten, or obteyned. Also neither of the same partiez shal theryn take nor make ende nor relesse withoute assent of other. And it is also aggreed that the seid reuerend fader of the said maners of Drayton, Tolthorp, and tenementes in the citee of Norwych and londes, tenementez, and possessions in Drayton, Tolthorp, and Norwich with theire appurtenauncez which were of the said John

Fastolf, knyght, shal thereof before the said fest of Cristmas enfeffe Guy Fairefaxe, serieant at lawe, John Paston, sqwyer, Roger Tounesend, Nicholas Hervy, and William Danvers, to haue to them and to theire heires, to th'use of the seid reuerend fader and John Paston in fourme abouesaid. And ouer this, as to the seid maner of Wynterton called Begvilez, the maner of Reppes in Bastwik, londes and tenementes called Cattes in Haryng- by, the thirde part of the maner of Rounham, londes and tenementez in Yernemouthe, londes and tenementez called Billez in Stokesby, with theire membres, possessions, hereditamentes, and appurtenauncez, it is aggreed betwene the said parties that the said reuerend fader shal there-of before the seid fest of Cristmas cause to be made to the said Guy Fairefaxe, John Paston, sqwyer, Roger Tounesend, Nicholas Hervy, and William Danvers a lawfull and sufficiant dymyss of estat of fee symple, aswell such and the hoole estat and partez of the same as the seid reuerend fader and the seid Lord Beauechamp now haue or at any tyme had by reson of the feoffement thereof made by the seid Rauf Lord Suydeley and other to the seid reuerend fader, Lord Beauchamp, and other, as such and the hole estat and partez of the same as the seid reuerend fader hathe or shal haue by relesse of the feoffés of the seid John Paston, knyght, or by the seid Duke or other to his vse, or by the seid William Yeluerton and William Geney or any of removethe feoffés of the seid John Fastolf. Also the seid reuerend fader graunteth to doo his effectuell deuoure to cause William Paston to make thereof dymyss of his estat of fee in the same fourme, and that by sub pena as the case requyreth, which feoffement of the seid reuerend fader thereof in fourme aboueseid shalbe made to th'entent that the seid John Paston, knyght, and his heires shal haue there-of as much londes and tenementez as to-gedir with the seid maner of Castre, londes and tenementez in Castre, the said maner, londes, and tenementez called Spencers in Haryngby, shal atteyne to the yerely value of l li. ouer all chargez and reprises at eleccion of the seid J. Paston. And the residue thereof aboue l li. yerely shalbe to th'use of the seid reuerend fader and his heires, to be disposed for the sowle of the seid John Fastolf. And that as wel the seid maners of Castre and Haryngby, the seid londes and tenementez in Castre and Haryngby, as the said maners of Wynterton, Reppes, the iijd part of the maner of Rounham, londes and tenementez called Cattys in Haryngby, londes and tenementes in Yernemouth, londes and tenementez called Billes in Stokesby, with theire membres, possessions, hereditamentes, and appurtenauncez, shalbe extended to an yerly value by the discrecion of Roger Tovnesend and William Danvers, the same extent to be made in writyng before the fest of Candelmas next foloyng; and if the seid Roger

and William or any of them decesse before the seid extent made, than it is aggreed betwene the said partiez that euerych of þem shal for theire part name oone persone to make the same extent before the fest of Estre than next foloyng aftir the date of these presentez. And if the seid Roger and William, or if thei decesse before extent made the seid other personez named in fourme aboueseid, can not accord in makyng of the seid extent, than the seid partiez bethe aggreed that the same Roger and William, or if they decesse the seid other personez named, shal chese an vmpere to make the seid extent before the fest of Witsontide next foloyng; vnto which extent in any of the seid fourmez made bothe the seid parties shal stond. And if noone extent be made in any of the seid fourmez before the seid fest of Witsontid, than the seid feofféz shal suffre the seid John Paston, knyght, to haue thereof, and of Castre and Haryngby as is aforeseid, to the yerely value of l li., and the seid reuerend fader shal haue the residue there-of ouer l li. Also the seid reuerend fader is aggreed att his owne charge to obteyne of the Pope a sufficiant dispensacion for chaungyng of the place and fundacion of the seid perpetuel prestes and poore folkes fro the seid maner of Castre. Also, withyn vj monethes next foloyng the seisyn and possession of þe same reuerend fader obteyned and had of all the seid maners, londes, and tenementes, excepted before excepted,the same reuerend fader graunteth to exhibit and fynd perpetuelly in his college att Oxonford vij prestys and vij poore scolers to praye for the sowles of the seid John Fastolf and of Dame Milicent his wife, his frendys and benefactoures. Also the same reuerend fader graunteth to acquyte and discharge the seid John Paston, knyght, and th'executoure of John Paston, sqwyer, of mlmlmlml marcz which mought be claymed by the seid reuerend fader for the bargayne pretented to be made betwene the seid John Fastolf and John Paston, sqwyer; and ouer this the same reuerend fader graunteth to acquyte and discharge the same John Paston, knyght, of all summez of money, jowelx, plate, aras, and all goodes and catallex quyk or dede which late were of the seid John Fastolf and com to the hondes or to th'use of the seid John Paston, sqwyer, John Paston, knyght, or any of them, or any other persone to th'use of the seid John Paston, sqwyer, John Paston, knyght, or any of them. Also, if any of the seid maners, londes, and tenementes which shal remayne or be to th'use of the said reuerend fader lye to the pleasure of the seid John Paston, knyght, þe same reuerend fader graunteth byfore th' amortezement thereof þe said John Paston to haue them to hym or to his heires by wey of eschaunge for othere maners, londes, and tenementez of suere title and like value. Also the same John Paston vpon his feith, knyghthode, and honesté

promytteth to delyvere before þe said fest of Cristmas to þe seid reuerend fader all dedes, chartres, euydences, and munimentz concernyng soolly any of þe said maners, londes, and tenementes which by vertu of this aggrement shal remayne toward þe said reuerend fader and which þe same John Paston, or any other person to his vse, now hathe or by the seid fest of Cristmas shal haue. And all such dedes, chartres, munimentz, and euidencez which the same John Paston, or any other person to his vse, hathe concernyng aswel the seid maners, londes, and tenementes which as is foresaid shal remayne to the said reuerend fader, as to þe said maners, londes, and tenementes which by the seid aggrement shal remayne to þe said John Paston, knyght, the same John Paston as aboue promitteth to do bryng before the seid fest of Cristmas all the seid dedes, chartres, munimentz, and euidences to þe Priory of Seynt Marie Ouerey in Suthwerk, there to be delyuered and putt in a chest lokked with ij lockes and ij keyes, whereof oon key shal remayne with the seid reuerend fader and a-nother key shal remayne with the seid John Paston, knyght, to th'entent that bothe þe seid partiez may haue recourse to the seid euidences whan any of theire possessions be putt in plee or trowble; vnto which recourse so to be had bothe the seid partiez shalbe aggreable, aftir the trwe entent hereof declared by writyng endented and triparted, whereof oone part shal remayne with þe seid reuerend fader and a-nother part thereof shal remayne with the said John Paston, knyght, and þe iij part thereof shal remayne with the Priour of Seynt Marie Ouerey. And in like wise the seid reuerend fader promytteth on his honoure to delyuere to the seid John Paston, knyght, before the seid fest of Cristmas all dedes, chartres, euidences, and munimentz conceryng soolly any of the seid maners, londes, and tenementez which by vertu of this aggrement shal remayne toward the seid John Paston, knyght, and which the seid reuerend fader, or any persone to his vse, nowe hathe or by the seid fest of Cristmas shal haue. And all such dedes, chartres, munimentz, and euidences which the seid reuerend fader, or any persone to his vse, hath concernyng aswel the seid maners, londes, and tenementz which shal remayne to þe seid reuerend fader as to þe seid maners, londes, and tene- mentez which shal remayne to þe seid John Paston, knyght, the seid reuerend fader as aboue promitteth to do bryng before þe seid fest of Cristmas all þe seid dedes, chartres ,munimentes, and euidences to þe seid Priory of Seynt Marie Ouerey, there to be delyuered and putt in-to the seid chest to th'entent aforesaid. In witnesse whereof the seid partiez vnto thies indentures chaungeablé

haue putt theire sealez. Date is the xiiijthe daye of jule the xthe yere of the reyne of Kyng Edward the iiijthe.