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XV The Procureur du Roi v. Pierre Maugier and the Procureurs of the University of Paris and the Earl of Salisbury

Published online by Cambridge University Press:  21 December 2009

Extract

This suit was concerned with two issues, the patronage of the church of Boisney, and the claim of a member of the University of Paris to exemption from pleading in a case elsewhere than at the Châtelet in Paris. The suit had already been heard by the ‘prévôt’ of Paris who had ruled it should be heard before his court. In the present suit, an appeal from that decision, the ‘procureur du roi’ claimed that cases involving the king should be heard and decided in the localities, in this case, more specifically, in Rouen. The University, on the other hand, insisted that its members should not be disturbed in their studies by the necessity to plead outside Paris, arguing that the king's rights would in no way be threatened by having the suit heard in the capital. To this point of view the answer of the ‘procureur du roi’ was that in a case of patronage such as this, claims should be pursued by the patron (in this instance, the earl of Salisbury) and not by the University seeking to defend the rights of the person presented to the cure.

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Copyright © Royal Historical Society 1982

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References

1 Such an argument was to be used in the suit Courcelles v. FitzWalter (no XVIII).

2 Pierre Maugier, D.Can.L., was active in the life of the University of Paris, as procureur of the French nation by May 1421, as representative of the University at the papal curia by 1425 and as rector in 1427 (Denifle and Châtelain, Chartulanum, iv, nos 2177, 2267, n. 6). He was an auditeur des causes at the Chatelet from 1425 (Gallia Regia, iv, 335Google Scholar; Fauquembergue, iii, 89Google Scholar). A canon of the church of St. Marcel and a promoter of causes at the court of the official-principal of Paris, he was admitted to a canonry and prebend at Notre-Dame, Paris, in September 1430 (A.N., LL 113, p. 218). In 1432–33 he was involved in a suit against Jean de Paris over a prebend there (A.N., X1a 4796, fos. 313r; 4797, fos. 15r, 16r, 26r, 39v, 40v). He was admitted again into a canonry in March 1435 (A.M., LL 114, p. 138).

3 For the earl of Salisbury, see appendix II.

4 Boisney, Eure, arr, Bernay, c. Brionne.

5 Probably the same Geoffrey Lami, a graduate in medicine, referred to in 1444 (Denifle and Châtelain, Chartularium, iv, no 2582).

6 The bishop of Lisieux (Calvados) was Zano da Castiglione.

7 He had done this by virtue of a grant made to him by Henry V on 1 June 1418 (Bréquigny, Rôles normands, no 186). The right of presentation is not included in the calendar entry in D.K.R., xli, 698.Google Scholar

8 Sir John Salvain.

9 Jean Desquay was a canon of Bayeux, and was a member of a local family. A councillor of the duke of Burgundy, he was the choice of the chapter for the vacancy to the see of Bayeux in 1432, but could not win the support of the Lancastrian government. He tried, unsuccessfully, to have the council of Basel intervene on his behalf.

page 194 note a doit congnoistre repeated in MS

page 194 note b MS la

page 194 note c Followed by ne, struck out

10 See the pleading of 21 July 1427 (A.N., X1a 4795, fos. 128r–129r, especially fo. 128v).

11 Thibouville, Eure, arr. Bernay, c. Beaumont-le-Roger.

12 A commonplace of juristic discourse. See Accursius on Cod. VII, xxxvii, 1.

13 Assises held, for the sake of speeding up the administration of justice, wherever the bailli happened to be.

14 The court of the prévôt of Paris.

page 195 note a propre interlined

15 Orbec, Calvados, arr. Lisieux. It was the seat of a vicomté.

16 Bernay, Eure, about ten miles to the east of Orbec.

page 196 note a feu interlined

page 196 note b Followed by de, struck out

page 196 note c MS excommuncié

page 196 note d Followed by que, struck out

17 Henry V.

18 Thomas, duke of Clarence, Henry V's brother, killed at Baugé in March 1421.

19 Raoul Gosset, M.A., B.Th., was a clerc of the diocese of Lisieux; he was studying in Paris in 1403 (Denifle and Châtelain, Chartularium, iv, p. 100Google Scholar and n. 31).

20 Possibly a John Whitfield or Woodville (?).

21 Auge, a vicomté in central Normandy.

22 Pont Audemer, Eure, arr. Bernay. The statement is confirmed by Bréquigny, Rôles normands, no 186 and D.K.R., xli, 698.Google Scholar

23 The right of bona fide students to plead in their own courts, a privilege granted by Frederick I at Roncaglia in November 1158 (Cobban, A. B., The Medieval Universities: their development and organization (London, 1975), pp. 51–4).Google Scholar

page 197 note a Followed by part, struck out

24 ‘unacum … advocacionibus ecclesiarum’ (Bréquigny, Rôles normands, no 186). The wording of the grant was no formality. See the pleading, made little more than a month earlier on 21 July 1427, in the case between Jean Desquay and the procureur du roi., in which it was said that ‘y a ordonnance que quand le roy donne ung fief, le patronnage n'y est point comprins s'il n'est dit par exprez’ (A.N., X1a 4795, fo. 128v), a view expressed in other suits (e.g., X1a 4796, fo. 98v).

25 i.e., of the entire fief.

page 198 note a Followed by qu, struck out

page 198 note b MS habudanti

page 198 note c Followed by car, struck out

26 The normal way of referring to Henry V's second expedition to France in August 1417.

27 In the suit between Desquay and the procureur du roi it was claimed that Clarence had presented Laurence Bovery to the church of Hotot in the diocese of Lisieux (A.N., X1a 4795, fo. 128v).

28 Colin le Changeur was a skinner; he held land at Vanves in 1426 (Longnon, , Paris, p. 217).Google Scholar

29 The official-principal of the bishop of Paris.

page 199 note a Followed by a f, struck out

page 199 note b Followed by pa, struck out

page 199 note c Followed by pub, struck out

30 A collegiate church outside the walls to the south-east of Paris.

31 Perhaps the ‘maistre Robert du Gue’ living in Paris in 1438 (Favier, , Contribuables parisiens, p. 207).Google Scholar

page 200 note a In the margin

32 Philippe de Morvilliers was first président of the Parlement 1418 33.