Hostname: page-component-5c6d5d7d68-wp2c8 Total loading time: 0 Render date: 2024-08-23T19:24:57.867Z Has data issue: false hasContentIssue false

XIV Thomas Dring v. Jean de Ruiz, dit Dynadam

Published online by Cambridge University Press:  21 December 2009

Extract

This long drawn-out suit originated in the grant made to Thomas Dring by the king in January 1424 of lands confiscated from Jean de Lignières and his wife, Catherine de Chambelly, and others. Valued at 337 ‘livres’, it was said to be free of all obligations. Jean de Ruiz, called Dynadam, none the less claimed a rent-charge of 200 livres upon it, and summoned Dring to appear before the ‘prévôt’ of Paris to answer the claim. Called away on military service Dring was prevented from appearing on four occasions, and the land was accordingly sold by ‘criée’, a rare sanction. Dring, therefore, produced a ‘requête civile’ ordering the case to be heard in the Parlement, where it was argued that since his gift was for life only, the real owner of the land was the crown, to whom Dynadam should make petition. Dynadam, however, persevered with his case, attempting to prove his properly in the land from which he claimed his rent-charge should come, and demanding payment of arrears for good measure. Dring denied all knowledge of such an obligation, and tried to show that Dynadam's wife had forfeited her share of the claim by supporting the party of the Dauphin. Dring was also to maintain that improper advantage had been taken by his opponent of his absences ‘pour la chose publique’. Pursuing his case further, Dring claimed that not only the facts but local custom, too, were in his favour, and in this he was supported by the ‘procureur du roi’.

Type
Texts
Copyright
Copyright © Royal Historical Society 1982

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

1 Caen, Calvados.

page 170 note a Paris interlined over Pontoise, struck out

page 170 note b Supra in the margin and a corresponding line in the margin of fo. 37v to indicate the point at which this letter of the chancery should have been transcribed into the text of the ‘arrêt’ dated 12 September 1433

page 170 note c MS baillaiges

2 Rouen, Seine-Maritime.

3 Caux, the region to the north of Rouen.

4 Mantes-la-Jolie, Yvelines.

5 Meulan, Yvelines, arr. Mantes-la-Jolie.

6 For Thomas Dring, see appendix II.

7 Probably Vaux-sur-Seine, Yvelines, arr. Mantes-la-Jolie, c. Meulan.

8 Senlis, Oise.

9 Guy le Bouteiller, captain of Rouen at the time of its capture by Henry V in January 1419, took the oath of fealty to the king.

10 La Roche-Guyon, Val d'Oise, arr. Pontoise, c. Magny-en-Vexin. The grant is recorded in Charma, ‘Parties des dons’, p. 8.

page 171 note a MS di

page 171 note b MS que

11 Jean (Juan) de Ruiz, called Dynadam, came from an important Navarrese family. His father, of the same name, formerly chamberlain to Charles III (‘the Noble’) of Navarre, had been involved in negotiations with the king of France and the count of Foix in the closing years of the fourteenth and in the early years of the fifteenth century. His presence in Normandy (he gives every sign of having been loyal to the Lancastrian monarchy (Fauquembergue, ii, 319Google Scholar)) serves as a useful reminder of the Navarrese involvement in the duchy in the previous century.

12 On the Le Breton, lords of La Bretonnière, see Lebeuf, J., Histoire de la ville et diocèse de Paris, ed. Bournon, F. (6 vols., Paris, 18831890), iv, 155–6.Google Scholar

13 The Châtelet was the court of the prévôt of Paris.

14 A reference, doubtless, to Dring's suit against Sir Robert Harling in 1425 and early 1426. (See appendix I.)

15 For the earl of Salisbury, see appendix II.

16 Probably Mont Aimé, Marne, arr. Châlons-sur-Marne, c. Vertus, com. Bergères-lès-Vertus. On this long siege, see Bourgeois, p. 212Google Scholar; Letters and Papers, II, i, p. 56Google Scholar; Luce, S., Jeanne d'Are à Domrémy (Paris, 1886), pp. 121, 139 etc.Google Scholar

17 La Ferté-Bernard, Sarthe, arr. Mamers.

page 172 note a MS proposer

18 i.e., the prévôté of Paris.

19 Emphasis is here being placed on the legal status of the so-called pays de conquête, that area outside the boundary of the duchy of Normandy conquered by Henry V before the treaty of Troyes of May 1420. As in the suit Gaucourt v. Handford (no III) it suited one party to show that lands in dispute were outside the jurisdiction of the prévôté of Paris.

20 See above, Carbonnel v. Tilleman [no VI], p. 104, and n. 8 for grants ‘a nostre voulenté’.

21 A similar argument had been used in the Ferret v. Russell suit [no I], p. 24.

22 The date is either 1 or 2 March 1427.

page 174 note a The edge of the folio is torn at this point

page 174 note b Followed by dont il, struck out

page 174 note c Followed by condemne, struck out

page 174 note d en personne interlined

page 174 note e Followed by mise, struck out

page 174 note f Followed by s, struck out

23 Lands granted by the king came liable to debts, unless otherwise stated, but were held to be free of ‘debtes mobiliaires’. See Ferret v. Russell, p. 22, and n. 8.

page 175 note a Followed by par, struck out

page 175 note b Followed by et, struck out

page 175 note c Followed by il, struck out

page 175 note d Followed by s, struck out

page 175 note e a interlined

page 175 note f MS l'avoit

page 176 note a vray interlined

page 176 note b au pais notoire que interlined

page 176 note c fust interlined

page 176 note d sa part de interlined

24 The reference is probably to Colin l'Aignel, or Laignelet, sergent a cheval at the Châtelet, associated with Dring in his suit against Robert Harling, killed in 1427 in the arrest of Sauvage de Fremainville who had made an attempt on the life of the duke of Bedford on the road to Calais in December 1425 (Bourgeois, p. 223Google Scholar, n. 2).

25 Situated in the ‘grand'rue Saint-Antoine’ (Longnon, , Paris, pp. 256–7).Google Scholar

page 177 note a Followed by est, struck out

page 177 note b lui interlined

page 177 note c mais interlined

26 Brie, prov. (to the east of Paris).

27 ‘Le mary est seigneur des meubles et conquests immeubles par luy faits durant et constant le mariage’ (Nouveau coutumier général, III, i, 8).Google Scholar

28 Bourges, Cher.

29 Navarre, from where Dynadam came.

30 Saintes, Charente-Maritime, of which Jean le Boursier was bishop 1415–26.

page 178 note a estoit repeated and interlined

page 178 note b Followed by au conseil, struck out

page 178 note c In the margin

page 178 note d In the margin

31 The reference is to Philip ‘the Good’, duke of Burgundy 1419–67.

32 22 February 1428.

page 179 note a Blank in MS

page 179 note b In the margin

page 179 note c MS d'une

page 179 note d Followed by dit, struck out

page 179 note e MS a de lundi

33 Jean Aguenin was second président of the Parlement.

34 Dynadam was now the plaintiff, he and Dring having reversed their roles.

35 All land-holding was recorded in the Chambre des Comptes.

page 180 note a Drinc interlined

page 180 note b a moins iiijxx livres interlined

page 180 note c par la coustume interlined

36 Robert de la Haye was an avocat in the Parlement.

37 Nicole le Boursier. Her father, Alexandra, had served as ‘receveur général des aides’ before 1412 (Monstrelet, , Chronique, ii, 322, 324Google Scholar), and in the ‘comptes’ of the king in 1416. Forced to leave Paris when the city fell to the Burgundians in May 1418, he suffered confiscation of his lands and property (Longnon, , Paris, p. 62, n. 5Google Scholar), but continued to serve the Valois until his death in 1430.

page 181 note a In the margin

page 181 note b procureur du roy interlined

page 181 note c et procureur du roy interlined

38 Tanguy du Chastel, one of the leaders of the Armagnac party, had fled Paris with the Dauphin, Charles, on 28 29 May 1418, and had then assumed the leadership of the dauphinisi forces. See Dict. Biog. Fr., xi, 1179–80.Google Scholar

39 Charles III, king of Navarre 1387–1425.

40 10 September 1419, violently, on the bridge at Montereau.

page 182 note a Followed by dudit, struck out

page 182 note b jours repeated in MS

41 It was customary to hear the suits from the bailliage of Vermandois at the beginning of each new sitting of the Parlement in November.

42 Pierre Drobille was a procureur at the Parlement by 1421 (Favier, J., Les Contribuables parisiens à la fin de la guerre de Cent Ans. Les rôles d'impôt de 1421, 1423 et 1438 (Geneva: Paris, 1970), p. 162).Google Scholar

43 Jargeau, Loiret, arr. Orléans. The town was taken by ‘une pucelle’ on 12 June 1429, and the earl of Suffolk and others were captured, an event recorded in the register of the conseil of the Parlement (A. N., X1a 1481, fo. 19r).

44 2 February 1430.

page 183 note a In the margin

page 183 note b In the margin

page 183 note c Followed by et, struck out

45 A similar argument was used in Gaucourt v. Handford [no III], p. 47.

page 184 note a In the margin

page 184 note b MS dicere

page 185 note a MS processui

page 185 note b MS sub

46 Orléans, Loiret.

47 Jargeau, Loiret, arr. Orléans.

48 Chaillot, incorporated into Paris in the late eighteenth century.

page 187 note a In the margin

page 187 note b followed by p, struck out

page 187 note c MS R

page 187 note d In the margin

49 25 June 1431.

50 24 June 1433.

51 Jean Voton was a conseiller at the Parlement during these years.

page 188 note a MS R

page 188 note b In the margin

page 188 note c MS appellantem

page 188 note d MS una

page 188 note e Blank in MS

52 Robert Piedefer was appointed first president of the Parlement in February 1433.

page 189 note a MS quod

page 189 note b MS preposita

page 189 note c MS processui

page 189 note d MS insolidus

page 189 note e MS predictarum

page 190 note a MS augustii

page 190 note b MS processui

page 190 note c MS procuratoris

page 190 note d MS prerogaciones

53 It seems that Dring, like Sir John Handford, was able to keep his lands. On 23 December 1437, he was granted a delay of a year to make a declaration (prisée) of the lands belonging to the lordship of Vaux and others, and on 6 August 1439 another delay for six months to declare the lands which had once belonged to the lords of Lignières, Geoffroy Pippart and others (Coll. Lenoir, 4, pp. 399, 315). The prerogative power of the crown, exercised by the regent, appears to have annulled at least two judgments of the Parlement.