I. Sir John Fastolf's Lawsuit Over Titchwell 1448–55

Abstract

When Edmund Paston was at Clifford's Inn in the spring of 1445 he was firmly advised by his mother ‘to thynkk onis of the daie of yowre fadris Counseyle to lerne the lawe for he seyde manie tymis that ho so euer schuld dwelle at Paston schulde have nede to Conne defende hymselfe’. In this much-quoted remark as in other opinions her sound and sensible husband, judge William Paston, was far from being original. The advice was at least two centuries old, if not older; the popularity of law-books for their estate managers in the thirteenth century is evidence of how many landlords then took it to heart.1 A landowner's land was a permanent temptation for his neighbours; such legal knowledge in some degree was therefore vital to him or to his stewards for its defence. More violent action was restricted, if not wholly extinguished by twelfth-century legislation; but that legislation itself and later enactments provided new, more subtle and probably more certain ways of depriving an honest possessor of his property. And titles to land, complicated from the thirteenth century on by landowners’ increasing employment of the entail and the use, gave in the later Middle Ages ample scope for the dexterous at law. Lawsuits on three manors bought on dubious and complicated titles nearly doubled their cost for an over-eager Sir John Fastolf in the middle of the fifteenth century. As Agnes Paston told Edmund her son and as an anonymous versifier told other potential landowners, it was as well to beware.