Livre de Jugements et Records Vol. 1

6th March 2020

Edith Carey notebook.

[P 1] p. 298. 9 April 1579. François Girard as the purchaser of the estate of Etienne du Port of St Andrew's, agaiinst Edmond Estur [Etur] in right of his wife Thomasse, the daughter of Richard De Vic ... and is adjudged to pay to the said Estur 19 quarters of wheat rent ... according to the contentsof a letter dated 27 July 1515 and in consequence to have to pay ... a further quarter ... owing to Collas Le Petevin [Collas Le Poidevin] in right of his wife Elizabeth, daughter of Laurent De Vic, following the recognition of the said Francois Girard in right of John Pain of the contents of a letter of 7 March 1570.

13 April 1579. Thomas Simon in right of his wife Marie, the daughter of John Durand Jnr, against Colette Baudain [Colette Bodain], the daughter of Jehannet Baudain son of Collas, this in right of Françoise, the mother of the said Colette, the daughter of Michelle Nicolle of SPP ... is condemned to pay ... the said Colette Baudain ... 6 quarters of wheat ... for the purchase of a house ... dated 5 October 1525. [P 2] Same date. Collas Allez Jnr. of St Saviour, seized of the estate of Thomas Allez, against Andro Henry and his parceners, seized of a part of the estate of Collas Fallaize [Faleze]. The said Fallaize is the possessor of certain letters from Collas Allez, son of Thomas, in right of his wife, the daughter of Martin Belic ... and the said Allez is adjudged to pay ... one quarter of wheat ... to the [et--] of the Grand Ecole and as guarantee the son of Andro Henry ... in right of the Confraternity of Jesus in the Câtel ... (p. 299-304)

12 July 1582. In the presence of his excellency [noble homme] Thomas Leighton, Governor ... Nicolas Martin, Deputy of Guillaume Beauvoir, Baillif, John Blondel, Nicolas de Samarez [Saumarez], Nicolas Le Messurier, John de la Court and Guilaume Beauvoir, Jurats of the said Isle. The case of Thomas Overy against Pierre Cheshire, Raulin Henry and Francois Henry, all in their own names guardians of the chidlren of Michel Le Hardy son of Vincent, is set for next Thursday.

[P 3] 15 July 1582 (before same people) the said Thomas Overy showed the Court a certificate, approved on the 27 February 1579 and signed by Guillaume Beauvoir, to the effect that the said Thomas Overy is the son and heir of John Overy of the Vale and of Colette Barbachon, the daughter of Raulin. And for their part, the said Pierre Cheshire, Raulin Henry and Francois Henry produced certain witnesses of whom enquiry could be made and who could be examined as to their knowledge of the said Thomas Overy and of his mother and father and their identities. The witnesses swore on oath, and severally gave the following testimony:

Collas Cousin, 50 years of age or thereabouts.  He swore that he knew Thomas Overy to be the son of a man who was usually known as Johnny [Jehannet] Overy, but sometimes Jean Overy, and of Colette Barbachon.

Collas Domaille, aged 57, said the same and says that he was called 'son of John' in the said warrant, dated 27 February 1579 - and that was [Thomas Overy] who said that Jean and Johnny are one and the same ... 

Thomas Mahy, 55, said that he knew that Thomas Overy was the son of Johnny Overy and of Colette Barbachon.

Collas Du Port said that he knew that the father of Thomas Overy was called Johnny Overy, and that he had married Colette Barbachon. Du Port was about 42 years of age.

Robin Vaudin, 72, said that he knew a man called Johnny Overy of the Vale, who had had two sons, one called Thomas and the other Collas.

John Domaille, 62, agreed.

Michel Perrin, 60, also said the same.

Pierre Bouillon, 64, the same.

Thomas Henry, 47, the same.

Pierre Hamelin, 55, said that he had seen Thomas Overy with a sealed warrant, in the time when Hellier Gosselin was Bailiff, dated around '55, which certified that Thomas Overy was the son of Johnny Overy.

John Jehan, 80 years of age, said that he had seen someone called Johnny Overy in the Vale, who had married a woman called Colette Barbachon.

Giret Ogier, aged 69, said that the father of the said Thomas Overy was called Johnny Overy and that he had never known him to be called anything else.

Robert Des Goubeys, aged 60, the same.

Robin Roberge, 90 years of age or thereabouts, said that he had known the said Thomas Overy's father always by the name of Johnny, and that he had never heard him called anything else.

Collas Genette, aged 80 said he had known him as Johnny Overy of the Vale.

Pierre Jouanne, 50, said he knew a man called Johnny Overy of the Vale, who had married Colette Barabchon and that he had had two sons, one called Collas, the other Thomas.

[P 6] John Langlois, 50, the same.

Thomas de Beaugy, 30, the same.

The oldest among them said that they did not know of there having been any Overy around at the time who had the name John or Johnny, except Johnny Overy, the son of John Overy, the grandfather of the said Thomas Overy.

John Le Moutez [Le Mottée ?], 36, the same.

18 July 1582, before the same people. Thomas Overy, son of Johnny, of the Vale, currently living in the city of Winchester, was judged ot have lost his case against Pierre Chieshire, Raulin and Francois Henry, and injuncted to desist in his claim, as his father's heir, on any part of the estate of his said father and the escheat of Colliche Overy, Johnny's sister. following the presentation to the court of certain documents under seal, either the seal of the Bailiwick or that of the Court of St Michel du Valle, all clearly dated, viz.: the oldest 24 November 1523; the next 1 Decmeber 1523. Item. 6 December 1523. Item. 14 December 1523. Item. 7 March 1528. And one from 25 August 1530, showing that Johnny Overy and Colliche Overy had sold their whole estate to Renouvet Le Conte, and that the said Renouvet Le Conte had sold it on to the said Vincent Le Hardy (the said Johnny had sold parcels of his estate to several people); the evidence was fully set out in these letters. 

Moving on to the certificate that the said Thomas Overy possessed, dated 27 February 1579, which affirmed that Thomas Overy was the son of Jean Overy, the Court feels that this is not sufficient evidence for him to be able to claim any of the estate of his grandfather John Overy, the father of the said Johnny Overy, and that it had been sufficiently proved both by the first ... past and by the said letters, and that there was no other Overy in the time of Thomas' father called either John or Johnny, except the father of the said Thomas; and that Thomas Overy had confirmed that he was the son of Colette Barbachon, as was declared in the warrant, and that virtually all the witnesses had stated that Colette was the wife of Johnny Overy; and that Thomas Overy had sold his hereditary right in the right of his mother under the name of Thomas Overy son of Johnny and that in Guernsey the names John and Johnny were used pretty much indiscriminately, as were Collas, Colin, Nicolas, and suchlike, and in the letters and contracts of the island a person's parish is always specified, as well as the person's father, and that if these sorts of differences in such things as a person's name were taken at face value the estate laws in the island would be useless and the system of ownership would be thrown into disarray, it would be anarchy; this usage is so ancient in the island, as is shown by the oldest documents available to us, some of which we have been shown here as letters under seal. 

Thomas Overy appealed this judgment to the Privy Council, at a cost of £100 ...