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Published online by Cambridge University Press: 21 December 2009
It is not surprising that the longest suit on record involving Englishmen in France in these years should have had as its protagonist Sir John Fastolf who, in this suit, was at the centre of a lengthy legal process against one of his chief servants, Thomas Overton.
Stripped of its inessentials, the suit was concerned with the charge that Overton had been cheating Fastolf of moneys due to him and, above all, that he had constantly refused to produce the accounts by which, it was implied, the charge might have been disproved. At the root of the trouble were the characters of the two opponents, each intent upon outdoing the other, neither, as a consequence, being shown up in a good light. If Overton, who said he was a well-born clerk educated at Winchester (and it was as an unmarried clerk that the bishop of Paris sought him for his own jurisdiction) was, in fact, a rogue and a deceiver, Fastolf appears as high-handed in his dealings with his servant. It was as denigrators of character that both men excelled, Fastolf depicting his servant as a man of mean birth, bigamous, a player of dice whom he had helped to promote from his lowly origins, while Overton was alleged to have stated that his master was a ‘chevalier fuitif’, a reference to Fastolf's flight from the field at Patay. The suit is also notable for Overton's full-scale attack on the ‘establishment’, and for the accusations brought against him of having denounced the ‘chappeles fourréz’ (or members of the Parlement), and of being the author of seditious pamphlets. The duke of Bedford had supported Fastolf before, in his suit against Denis Sauvage; now Overton's ridicule of the administration both in England and France, where Overton was accused of distributing his pamphlets, forced the regent to join suit again with his ‘grand maître d'holel’.
1 Monstrelet (Chronique, iv, 332Google Scholar) reports what Talbot had to say about this.
page 232 note a MS n'avoit gaires
2 For Sir John Fastolf, see appendix II.
3 The grant of the duchy of Anjou and the county of Maine to the duke of Bedford, made at Rouen on 8 September 1430, was registered by the Parlement four days later (A.N., Xla 8605, fos. 15v 16r)
4 Richard Ruault was appointed receiver for the vicomté of Exmes on 7 May 1418 (D.K.R., xli, 711Google Scholar). He found favour with the English who also gave him land (Charma, , ‘Parties des dons’, p. 2Google Scholar). After the suppression of the Norman Chambre des Comptes in July 1424, he became treasurer of Bedford's personal finance court at Mantes (Archives de la Seine-Inférieure. Répertoire numérique de la séne B, ed. Le Cacheux, P. (Rouen, 1934), p. 10Google Scholar). He was also receiver of Maine, but had been replaced by Pierre Baille, with whom he concluded an accord (A. N., Xle 136, nos 7, 8) before 6 July 1428. The previous day he had appealed to the Parlement against the duke of Bedford, who settled by another accord no longer extant. Ruault was also to be involved in litigation against Overton in the summer of 1435. For these suits, see appendix I.
5 Giles de Clamecy was a man of considerable administrative and judicial experience, who was briefly prévôt of Paris in 1419–20. He worked closely with Bedford and received many rewards, not least in lands, for his services to the English.
6 Guillaume Le Duc, third président of the Parlement since February 1432, was one of those who were to continue in the English service after the loss of Paris in 1436.
7 Martial Formier, bishop of Evreux 1427 39.
8 Philippe de Morvilliers, firm président of the Parlement 1418–33.
9 Pierre de Marigny, a Burgundian supporter who was avocat du roi in 1418 and prévôt of Paris in 1421.
10 Quentin Massue, master of requests and conseiller in the Parlement.
11 André Courtevache was a clerc des camples whose financial experience would have been valuable in this case.
12 Rouen, Seine-Maritime.
13 This was during the visit of Henry VI to Rouen.
14 It was customary to hear suits from the bailliage of Vermandois at the start of each new sitting of the Parlement in November.
15 John Barton had been maître d'hôtel and treasurer to the duke of Bedford since 1425 and was to be an executor of his will (Jussé, B.A. Pocquet du Haut, ‘Anne de Bourgogne et le testament de Bedford, 1429’, Bibliothèque de l' École des Charles, xcv (1934), 284–326Google Scholar). This is a rare example of an Englishman sitting on a judicial commission.
page 235 note a The ending is rubbed out in the MS 15a See the late copy extracted from registers of the Parlement criminel referring to the evocation of this suit before the commissioners, 8 May 1432 (B.N., Collection Dupuy 250, fo. 147r).
16 Sir John Fastolf was created a Knight of the Garter in 1426.
page 236 note a Some such word is required.
page 236 note b Followed by que, struck out
17 Falaise, Calvados, arr. Caen.
page 237 note a The remainder of the clause is missing in MS
page 237 note b Interlined over Fastolf, struck out
page 237 note c Followed by Fastolf, struck out
18 Thomas, earl of Salisbury, died on 3 November 1428. See appendix II.
19 Ralph, Lord Cromwell, was ‘premier chambellan’ while Henry VI was in France (Fauquembergue, iii, 27Google Scholar). He was to be dismissed on 1 March 1432 (Wolffe, B., Henry VI (London, 1981), p. 67).Google Scholar
20 John Brinkeley had been appointed to the Norman Chambre, des Comptes in Caen by Henry V in April 1419 (D. K. R., xli, 765Google Scholar). He was to remain associated with the town for many years, and acted as lieutenant to two royal captains between 1425 and 1430 (Gallia Regia, i, 526).Google Scholar
21 7 June 1432
22 i.e., in the register of Jean de L'Espine, greffier criminel of the Parlement.
23 Brugge, West-Vlaanderen, Belgium.
24 Gent, Oost-Vlaanderen, Belgium.
page 238 note a In the margin
page 238 note b MS d'argent
page 238 note c MS resermoit
page 238 note d MS il; this is ambiguous
25 Alençon, Orne.
26 Le Mans, Sarthe; presumably a reference to the events of 28 May 1428, for which see no XVII.
27 Jean Doulsire was examinateur at the Châtelet.
page 239 note a Followed by lui, struck out
page 239 note b MS de
28 Charges imposed additionally to the normal raises.
page 240 note a In the margin
page 240 note b MS perpetratarum
page 240 note c MS causam
page 240 note d regnum repeated in MS
29 This text is printed in Fauquembergue, iii, 59.Google Scholar
30 The Conciergerie was the prison in which those arrested within the area of the Palais were confined.
page 241 note a aliud repeated in MS
page 241 note b MS sui
page 241 note c Followed by pai, struck out
31 Harfleur, Seine-Maritime, arr. Le Havre, c. Montivilliers. Fastolf was probably lieutenant for the duke of Exeter in 1416. See Gesta Henrici Quinti, ed. Taylor, F. and Roskell, J. S. (Oxford, 1975), p. 118Google Scholar, n. 1, and n. 60, below.
page 242 note a Followed by s, struck out
page 242 note b Followed by po, struck out
page 242 note c A word denoting a period of time is lacking
page 242 note d Followed by appointié que la court verra, struck out
32 Calais, Pas-de-Calais.
33 On abuses committed by those granting safe-conducts, see Keen, , Laws of War, p. 198Google Scholar, n. 2.
page 243 note a In the margin
page 243 note b Followed by s, struck out
34 Jacques du Châtelier was bishop of Paris 1427 38.
35 Louis Galet, échevin of Paris, was an examinateur at the Châtelet.
page 244 note a MS et pour Fastolf, interlined
page 244 note b pour appellant interlined
page 244 note c Followed by et pour ce qu'il a esté et est homme d'armes passé a gages ultramarinus, on, struck out
36 Thomas Overton was a scholar of Winchester College. (Kirby, T. F., Winchester Scholars; a list of Wardens, Fellows and Scholars of St Mary College, Winchester (London, 1888), p. 33).Google Scholar
37 As a conseiller to the duke of Bedford and an avocat, Henri Roussel represented the regent's interests in the Parlement (Letters and Papers, II, ii, [555]).
38 Simon Morhier was prévôt of Paris from 1422 until 1436.
page 246 note a Followed by on, struck out
page 247 note a MS Se
39 Winchester, Hants.
40 Touques, Calvados, arr. Lisieux, c. Trouville-sur-Mer. What came to be known as the ‘journée de Touques’ marked Henry V's landing there on 1 August 1417.
page 248 note a In the margin
41 Robert Piedefer was appointed first président of the Parlement in February 1433.
page 249 note a In the margin
page 249 note b In the margin
42 Jean Queniat had been an avocat in the Parlement, then conseiller at the Châtelet, before holding that rank in the Parlement.
43 Printed in Fauquembergue, iii, 97–8.Google Scholar
44 Like Henri Roussel, Philippe de Saint-Germain was retained to serve the regent's interests in the Parlement (Letters and Papers, II, ii, [555]).
45 The Hôtel Dieu, or hospital, was on the Ile Notre-Dame, close to the cathedral.
page 250 note a MS lomgo
page 250 note b MS arbitriis
page 250 note c MS condennari
page 250 note d MS nimis
page 250 note e MSfamosus
page 250 note f certarum repeated in MS
page 251 note a MS dannis
page 251 note b MS condennari
page 251 note c MS condennari
page 251 note d MS ultramarinis
page 251 note e MS prepositis
page 252 note a In MS clause reads thus: et fut dit par arrest que les prononciacions en Juliet m cccc xxxiij fu dit que les parties venroient
46 The long pause in litigation may be explained by the absence in England, between mid-summer 1433 and July 1434, of the duke of Bedford whom Fastolf, as a household officer, would have accompanied. On 3 May 1434 it was stated in court on behalf of Thomas Gerard that Fastolf was in England (A.N., Xla 4797, fo. 164v). It is clear, notably from the evidence presented on 17 September 1434, that the legal process had been moving forward in the meantime.
page 253 note a MS Et
page 253 note b Followed by jeudi, struck out
page 254 note a escuier anglois interlined
page 254 note b intimes et interlined
page 254 note c Followed by m, struck out
page 254 note d followed by le, struck out
page 254 note e Followed by as, struck out
page 254 note f Followed by ceste, struck out
page 254 note g Followed by de, struck out
page 254 note h Followed by du Mans, struck out
page 254 note i le interlined
page 254 note j informé de ce interlined
page 254 note k Followed by a word, struck out
page 254 note l Followed by bailli, struck out
page 254 note m MS fait
47 Philippe de Nanterre served as a conseiller in the Parlement 1426 36.
48 Probably Sir John Salvain.
page 255 note a Followed by et, struck out
page 255 note b Overton interlined
page 255 note c Followed by carear, struck out
page 255 note d Followed by reddel, struck out
page 255 note e Followed by en, struck out
page 255 note f Followed by fu, struck out
page 255 note g MS le
49 Auxerre, Yonne.
50 Jean de Paris, a leading procureur in the Parlement in these years, had acted for Fastolf in his suit against Denis Sauvage (no II, n. 19).
51 Jean Sac had also acted as procureur for Fastolf in the same suit (no II, n. 7).
page 256 note a Followed by dit, struck out
page 256 note b en interlined over a, struck out
page 256 note c Followed by q, struck out
page 256 note d avoit interlined
page 256 note e Followed by et dit que, struck out
page 256 note f Followed by lui, struck out
page 256 note g Followed by lappe, struck out
page 256 note h Followed by au conseil, struck out
page 256 note i Followed by ce fu, struck out
page 256 note j MS fist
page 256 note k Followed by qu'il, struck out
page 256 note l Followed by disoit, struck out
page 257 note a Followed by le eslargist, struck out
page 257 note b Followed by dit, struck out
page 257 note c Followed by poni, struck out
page 257 note d Followed by part, struck out
page 257 note e Followed by par, struck out
page 257 note f envers repeated and struck out
page 257 note g Followed by a esté, struck out
page 258 note a Sentence begins Si q, struck out
page 258 note b Followed by gar, struck out
page 258 note c Followed by l'arrest, struck out
page 258 note d ne du premier proces interlined
page 258 note e Followed by bel, struck out
page 258 note f par repeated and struck out
page 258 note g Followed by p, struck out
page 258 note h Followed by on, struck out
page 258 note i a ce interlined and underlined
page 258 note j touche interlined
page 258 note k MS executeur
page 258 note l Followed by prejud, struck out
page 258 note m Followed by p, struck out
page 258 note n Followed by di, struck out
page 259 note a MS faciet
page 259 note b MS inhihicionis
page 259 note c MS dictum nostrum cum
52 Guillaume Cotin, canon of Notre-Dame, was a conseiller in the Parlement 1417–1436.
page 260 note a MS expectis
page 260 note b MS privia
page 260 note c MS Parlamenti
page 260 note d MS tenuebant
page 260 note e MS papinas
page 260 note f MS habebat dicit
page 261 note a MS comparandum
page 261 note b Followed by fa, struck out
page 262 note a In the margin
53 This text is printed in Fauquembergue, iii, 140.Google Scholar
page 263 note a recite et added in right-hand margin
page 263 note b Followed by en, struck out
page 263 note c MS lez
page 263 note d qu'il recite interlined
page 263 note e The last clause written in a different hand
54 ‘Si quis imperatori maledixerit’ (Cod., IX, vii).
55 ‘The ruler was seen as the tutor of the kingdom, and in this function his duty was to preserve the kingdom intact and to keep it unharmed’ (Ullmann, W., Law and Politics in the Middle Ages (London, 1975), p. 58).Google Scholar
56 Fastolf served in Ireland in 1405 and 1406, and was married there in 1409 (Dict. Nat. Biog., vi, 699).Google Scholar
57 Soubise, Charente-Maritime, arr. Rochefort, c. Saint-Agnant. The action referred to, in which Jacques de Heilly, captain of Soubise, was captured, occurred in June and July 1413. See no V, n. 12.
58 Probably a reference to Fastolf's participation in the campaign of 1415.
59 Cf the claim of Roger Chilton, made on 10 November 1432, to a house in Provins, recently re-captured, on the grounds that he was ‘le premier entre en l'ostel ou pend Fenseigne de l'Eschequier en ladicte ville, et par ce lui aient appartenu les biens estans pour lors en icelui’ (A.N., JJ 175, no 155).
60 See above, n. 31.
61 Lagny-sur-Marne, Seine-et-Marne, arr. Meaux. The siege began in May 1432 and ended ignomimously for the English in August (Bourgeois, pp. 283–6).Google Scholar
62 Patay, Loiret, arr. Orléans. The battle fought there on 18 June 1428 ended in defeat for the English and the ‘flight’ of Fastolf.
63 Orléans, Loiret. The siege had ended in May 1428.
page 265 note a Followed by que Overton, struck out
page 265 note b …b a genoulz…faictes written in a different hand
page 265 note c ses lettres et written in a different hand
page 265 note d lui in a different hand
page 265 note e ainsi qu'il recite in a different hand
page 265 note f quousque etc in a different hand
page 265 note g Followed by m, struck out
page 265 note h Followed by d'une part, struck out
64 Jean Piedefer was the son of the first président of the Parlement.
65 Guillaume Cornay and his wife had been jointly concerned in litigation before the Parlement in September 1432 (Fauquembergue, iii, 65).Google Scholar
page 266 note a Followed by so, struck out
page 265 note b de interlined over sur, struck out
66 Simon Plumetot was a conseiller at the Enquêtes of the Parlement.
67 Fleuret Quarré (Carre) was aprocureur, perhaps at the Chambre des Comptes (Favier, , Contribuables parisiens, p. 159Google Scholar, n. 1).
68 1 December 1435.
page 267 note a Followed by do la, struck out
page 267 note b qu'il y ait interlined
page 267 note c la repeated in MS
69 Jean Vivian, dean of St. Germain-l'Auxerrois, was a conseiller in the Parlement, then président of the Enquêtes.
page 268 note a In the margin