Paston letters and papers of the fifteenth century, Part I [a machine- readable transcription]

Paston family. Paston letters and papers of the fifteenth century, Part I [a machine- readable transcription]
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NUNCUPATIVE WILL OF SIR JOHN FASTOLF 1459, 11, 03

copia voluntatys Fastolf
Anno Domini millesimo quadringentesimo quinquagesimo nono, mensis Novembris videlicet die Sabbati proximo post festum Omnium Sanctorum, Johannes Fastolff, miles, de comitatu Northfolchie, Norwicensis diocesis,

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in manerio suo de castre, dicte diocesis, quoad bona sua immobilia suam vltimam declarauit voluntatem prout sequitur:

John Fastolff, knyght, the secunde and þe thirde day of the moneth of Nouembre, the yere of the reigne of King Henry the Sexte aftir the Conquest xxxviij yers, being of longe tyme, as he said, in purpos and wille to [[fo]]unde and stablissh withynne the gret mansion at Castre by hym late edified a college of vij religious men, monkes or seculer prestes, and vij porefolke, to pray for his soule and þe soulys of his wife, his fad[[ir]] and modir, and other þat he was beholde to, imperpetuité; and forasmuch as he had, as he rehercid, a very truste and loue to his cosyn John Paston, and desired the parfourmyng of the purpoos and wille forsa[[i]]d to be accomplisshed, and that the said Sir John shulde not be mevid ne sterid in his owne persone for þe said accomplisshing of þe said purpoos and wille, ne with noon other worldly maters but at his oune request and plesire, wolde, graunted, and ordeyned that the said John Paston shalle, withynne resonable tyme aftir þe dissese of þe said Sir John, doo founde and stablissh in þe said mansion a college of vij monkes or prestes and vij porefolke, forto pray for the soulys abouesaid imperpetuité; so that one of the said monkes or prestes be maister, and haue x li. yerely, and ich oþir monke or preste x marc. yerely, and ich of the porefolke xl s. yerely, and þat the said John Paston shalle make sure to the said collegions a sufficient roume and a competent and an esy duelling place in the said mansion, the said collegions nor her successours bering no charge of reparacion therof. For which, and for othir charges and labours þat þe said John Paston hath doon and take vppon hym, to þe eas and profite of þe said John Fastolf, and for othir consideracions by hym rehercid, the said Sir John Fastolff wolde, graunted, and ordeyned that þe said John Paston shalle haue alle þe maners, landes, and tenementes in North[folk], Southfolk, and Norwich in which the said John Paston or any other are or were enfeffed or haue title to þe vse of the said Sir John Fastolf; and at alle þe feffees infeffed in þe said maners, londes, and tenementes shalle make and deliuer astate of þe said maners, landes, and tenementes to such persones, at such tymes, and in such forme as þe said John Paston, his heirs, and his assignes shalle requere thaym or any of thayme. And that the said John Paston shall pay to othir of the said Sir Johns executours iiij ml marc. of laufulle money of England in þe fourme þat folweth, that is to say: where þe said Sir John hadde apointed and assigned that his executours shalle, þe firste yere aftir his disses, dispoos for his soule and parfourmyng his wille a ml marc. or a ml li. of money, and yerely aftir viij c marc. tille þe goodes be disposed, the said John Paston shalle pay iche othir yere þe said summe of viij c marc. tille þe summe of iiij ml marc. be paid, so þat þe said mevabill

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goodes shalle þe lenger endure to be disposed, by þ' avise of his executours, for þe said soulys. And also þe said Sir John said, forasmuch as it was the very wille and entent of þe said Sir John þat the said John Paston shulde be thus avauntaged and in no wise hurte of his propir goodes, therefore þe said Sir John wolde [and] graunted that if the said John Paston, aftir the dissese of the said Sir John, by occasion and vnlaufulle trouble in þis reame, or by mayntenaunce or myght of lordes, or for defaute of iustice, or by vnresonable exaccions axid of hym for þe licence of þe said fundacion, withoute coveyne or fraude of hym-selue, be lettid or taried of þe making or stablesshing of þe making of þe said fundacion, that thanne he fynde or doo finde yerely aftir þe first yere of the dissese of the said Sir John vij prestes to pray for þe said soulys in þe said mansion, if he can purvey so many, or els for asmany prestes as faile yeue yerely aftir þe said first yere, by þ' auise of his executours, to bedredmen and othir nedy true pepille asmuch money in almose for the said sowlys as the salary or findyng of the prestes so faillyng is worthe or amounteth to, vnto the tyme he may laufully and peasably founde the said college and doo his true devir for the said fundacion in the meane tyme. And the said Sir John Fastolf wolde, graunted, and desired faithfully alle the resedewe of his executours and feffees to shewe the said John Paston fauoure in the said paymentes and daies, and help hym for the Kinges interesse and the eschetours, and furthir hym in that thay may in alle othir thinges as they wolde doo to hym-selue, and not vex ne inquiete hym for the said fundacion in the meane tyme. Ande where the said Sir John Fastolf made his wille and testament the xiiij day of June in somer last passed, he wolde, graunted, and ordeyned that this his wille touching thes premissez, aswelle as the said wille made the said xiiij day, except and voided oute of his said wille made the said xiiij day alle that concerneth or perteyneth to the fundacion of a college, priory, or chauntery, or of any religious persones, and alle that concerneth the sale or disposing of the said maners, landes, and tenementes, wherof this is the very declaracion of his full wille, stand and be ioyntly his very enteir and laste wille, and annexed and proued togedir. Also the said Sir John Fastolf, knyght, the Tuysday next before the fest of All Saintes, and in þe moneth of Septembre the said yere, and the iij day of Novembre, and diuerse other tymes, at [[Ca]]stre aforesaid, wolde, ordenyd, and declared his wille touching the making of the said college, aswelle as the graunte of the said maners, landes, and tenementes in Norffolk, Suffolk, and Norwich, in fourme, manere, and substance aforeseid. Also the said Sir John wolde and ordeyned that, if the said John Paston by force or myght of any othir desiring to haue the said mansion were

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letted to founde the seid college in the said mansion, that thanne the said John Paston shulde doo poule doun the said mansion and euery stone and stikke therof, and do founde iij of the said vij prestes or monkes at Saincte Benettes, and one at Yermuth, one at Attilbrugh, and one at Sainte Oloves church in Southwerk. Also the said Sir John Fastolf, the iij and the iiij daies of the moneth of Nouembir aforesaid, desired his said wille in writyng touching the fundacion of the said college and the graunte of the said maners, landes, and tenementes to the said John Paston to be redde vnto the said Sir John; and that same wille redde and declared vnto hym articulerly, the said Sir John Fastolf wolde, ordeyned, and graunted that the said John Paston shulde be discharged of the payment of the said iiij ml markes, and noght pay therof in case he did execute the remenaunte of the said wille. Also the said Sir John Fastolf, knyght, aboute the tyme of hervest the yere of þe reigne of King Henry the Sexte xxxvth yere, at Castre faste by Mikel Yermuth in the shire of Norffolk, in presence of diuers persones that tyme called to by the said Sir John, did make astate and feffement and liuerey of the season of the maner of Castre aforesaid, and othir maners, landes, and tenementes in Norffolk, to John Paston, squier, and othir; and at that lyuerey of season therof deliuered, aswelle by the handes of the said Sir John as by other, the said Sir John Fastolf by his owne mouth declared his wille and entente of that feffement and liverey of season made to the vse of the said Sir John asfor during his live onlye, and aftir his decese to the vse of the said John Paston and his heirs. And also the said Sir John said and declared that þe said John Paston was the best frende and helper and supporter to the said Sir John, and that was his wille that the said John Paston shulde haue and enherite the same maners, landes, and tenementes and othir aftir his decese, and there to duelle and abide and kepe householde; and desired Davn William Bokenham, Priour of Yermouth, and Raufe Lampet, squier, Bailly of Yermouth, that tyme present, to recorde the same. Also the said Sir John Fastolf, the vj day of July next aftir the tyme of the sealing of his wille made the xiiij day of June the xxxv of King Henry the Sexte, and aftir in þe presence of Davn William Bokenham, that tyme Prioure of Yermouth, and other, wolde, ordeyned, and declared [[his]] wille that the said John Paston shulde haue alle thynges as the said Sir John had graunted and declared to the said Prioure and othir at the tyme of the said [[asta]]te and feffement made to the [[said]] John Paston the said xxxv yere of King Henry the vjth, the said Sir John seyng that he was of the same wille and purpoos as he was and [[decla]]red at the tyme [[of th]]e said astate takyng.

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Also the said Sir John wolde that John Paston and Thomas Howes, and noon othir of his executours, shulde selle alle mane[[rs]], landes, and tenementes in whiche any persones were enfeffed to the vse of the said Sir John, excepte the said maners, landes, and tenementes in Norfolk, Suffolk, and Norwich; and the same John Paston and Thomas Howes shalle take and receyve the profites, ysshueys, and emolumentes commyng of the said maners, landes, and tenementes, excepte before except, tille thay may resonably be solde; and that the said John Paston and Thomas the money commyng of the same sale, aswelle of the said proufites, ysshuys, and emolumentes, shulde dispoos in dedys of almose for the soule of the said Sir John and the soulys aforesaid, and [[in]] executyng of his wille ande testament. And also the said Sir John wolde that alle the feffees enfeffed in the said maners, landes, and tenementes assigned to be solde, whanne thay be required by the said John Paston and Thomas Howes, shalle make astate to persone or persons as the said John Paston and Thomas shalle selle to the said maners, landes, and tenementes, or any parte therof; and that noon othir feffé nor the executours of the said Sir John shall make any feffement, relece, ne quitaunce of any londes before assigned to be solde þat wer at any tyme longing to the said Sir John, withoute þe assente of the said John Paston and Thomas Howes. datum anno Domini, mense, die, et loco supradictis.