[Footnote 242-1: _See_ preliminary note to No. 703.]
[Footnote 242-3: The other two have relation to his lands, and are not inconsistent with each other; but the first is drawn up in the name of the testator himself, while the second speaks of him in the third person. The second is, in fact, a note of various instructions given by the testator in reference to his property on the 2nd and 3rd days of November before he died, and its contents may have been fully embodied in the first, when the will was regularly drawn up; but the first is printed from a draft which is probably imperfect.]
[[Sidenote: Sir Thomas Howes unites with Yelverton, _not an error: sentence continues below_]]
It was apparently this nuncupative will that Howes declared to be spurious. The validity of the others touching his lands depended upon the genuineness of a previous bargain made by Fastolf with John Paston, which was also disputed. But it was the nuncupative will that appointed ten executors and yet gave John Paston and Thomas Howes sole powers of administration, except in cases where those two thought fit to ask their assistance. This will seems to have been drawn up mainly by the instrumentality of one Master John Smyth, whom Howes afterwards denounced as 'none wholesome counsellor.'[243-1] Howes now combined with Yelverton in declaring it to be spurious.[243-2]
[Sidenote: and they sell Caister to the Duke of Norfolk.] The result of this allegation was that Yelverton and Howes took it upon them, as executors of Sir John Fastolf, to recommend to Archbishop Bourchier that the Duke of Norfolk should be allowed to purchase the manor of Caister and certain other lands in Norfolk, and that the money received for it should be spent in charitable deeds for the good of Fastolf's soul. The transaction was not yet completed,[243-3] but the duke immediately proceeded to act upon it just as if it were. He did not, indeed, at once take possession of the place, but he warned the tenants of the manor to pay no money to Sir John, and his agents even spoke as if they had the king's authority. On the other hand, Sir John had the support of powerful men in the king's council--no less persons than the great Earl of Warwick and his brother, the Archbishop of York, who had lately been Lord Chancellor, and was hoping to be so again. The Earl of Warwick had spoken about the matter to the duke even in the king's chamber, and the archbishop had said, 'rather than the land should go so, he would come and dwell there himself.' [Sidenote: Archbishop Nevill.] 'Ye would marvel,' adds the correspondent who communicates the news to Sir John Paston, 'ye would marvel what hearts my lord hath gotten and how this language put people in comfort.' It had its effect upon the Duke of Norfolk, who saw that he must not be too precipitate. He was urged on, it seems, by the duchess his wife, but he would go and speak to her and entreat her.[243-4]