« AnteriorContinuar »
ON THOMAS SIMON'S CONNECTION WITH
Until a comparatively recent period, any connection between the family of Thomas Simon and the island of Guernsey seems to have been quite unknown to all numismatic students. Neither Vertue, Gough, Folkes, Snelling, Pinkerton, nor the writers in the Numismatic Chronicle, make the least allusion to Guernsey in their accounts of Simon's life ; and it was not until the 14th July, 1855, that Mr. Edgar MacCulloch (of Guernsey) recorded, in Notes and Queries, the interesting fact that Simon's wife was a Guernsey woman, and stated that the name of Simon was and is common in the island. Mr. MacCulloch says that Thomas Simon married the daughter and sole heiress of Cardin Fautrart, of Guernsey, and states that he found the following passage in a complaint, about the year 1655, against Peter de Beauvoir, Esq., Bailiff of Guernsey, by one of the
the many factions into which the island was then divided, viz. :
" And the said Peter de Beauvoir makes use of Mr. Thomas Symons, a graver living in the Strand, which Symons having skill in graving and making medalls, hath accesse unto his
I“ Notices of Thomas Simon,” by B. Nightingale, Esq., p. 211, vol. iv., old series. ". The Will of Thomas Simon, &c.,' by C. T. Smythe, Esq., p. 161, vol. v., old series.
Highnes and many members of the Council, speakes rashly of the isle and of the inhabitants thereof, and mainteynes and recomends the said de Beauvoir, who is his cosen german and his helpe and council in a suite in law about inheritance in the island of Guernzey, wherein the said de Beauvoir is very officious to oblige to himself the said Symons," &c.—Page 28, vol. xii., 1st series of Notes and Queries.
In a further communication to the same journal, Mr. MacCulloch adds:
"The exact date [of the preceding extract] I am at present unable to give, as the original document bears none; but on reference to the records of the Royal Court of this island, I find that Thomas Simon had a lawsuit in that year (1655) with John Fautrart, jun., his wife's uncle, arising out of a claim which she made to a share of the personal estate of her grandfather, John Fautrart, sen. In January and February, 1653-4, Thomas Simon, in the right of his wife, was party conjointly with the other co-heirs in actions against John Fautrart, jun., concerning the division of the real property of John Fautrart, sen., deceased, in the islands of Guernsey and Sark. The parties are thus described in the preamble to the sentences rendered by the court :
"Monsieur Jan Fautrart, aisné de feu Monsieur Jan Fautrart, son père, amercy vers Monsieur Pierre Careye, procureur du Sieur Thomas Simon, à cause de sa femme, fille et seule héritière de feu le Sieur Cardin Fautrart, et les Sieurs Thomas de Sausmarez, principal héritier de feue Dame Bertranne Fautrart, sa mère, et Jan Renouf, procureur d'Isaac Gibault, jun., aisné de feue Dame Jane Fautrart, sa mère, les dits Cardin, Bertranne et Jane Fautrart, enfants du dit feu Sieur Fautrart, leur père.'
"It is rather singular that none of these documents gives us the Christian name of Thomas Simon's wife; but this is supplied by a contract registered in the Greffe or Record Office of the island, on Feb. 10, 1635-6, by which John Fautrart, jun., as guardian of his niece Elizabeth, daughter of Cardin Fautrart, buys in her name a field and certain wheat-rents."-Page 115, vol. ii., 2nd series of Notes and Queries.
The Christian name of Simon's wife is also supplied by his will, and other documents previously published in the Numismatic Chronicle.
With regard to this lawsuit of Thomas Simon and others against John Fautrart, I am able to add that the case was decided at Guernsey in favour of the former; since it appears from entries in the Council books (Public Record Office, London) that John Fautrart appealed to the Lord Protector's Council of State against the decision of the Guernsey Court. These entries, being hitherto quite unknown and unpublished, seem to me worth printing in the pages of the Numismatic Chronicle, as a fitting sequel to the articles on Thomas Simon in its earlier volumes.
The first order of the Council is as follows:
Friday, 15th February, 1655-6.—“On consideracon of the humble peticon of Thomas Symon, in right of his wife and coheyres, and of a Report from the Lords Referees, to whome it was referred to receive all appeales to his Highness and the Counsell from the Inhabitants and Natives of the Island of Guernzey, from Judgmts2 given in the Courts there; made in the Case wherein John Fautart (eldest sonne of John the father decd 3) is appellant, against ye said Thomas Symon, Elizabeth his wife, and ye rest of ye Coheyres defts ;4 Forasmuch as the said Referees conceive it not possible for them to ground any opinion in ye Case, as to the doubts, and questions of Law, that may arise thereupon, wthout haveing the Fact cleared, by some tryall at Law, or otherwise, Ordered That a Coppy of the said report be transmitted to the Bayliffe and Jurates of Guernezey, to whome it is hereby referred, to examine Witnesses upon oath, as to matter of Fact in the sevrall Cases, and questions menčoned in ye s'd report, and to returne the same, authentically certified, to the Counsell, wth ye first oportunity."--Page 93, Draft Order Book No. 87.
The return of the Bailiff and Jurats of Guernsey having been duly made, it was ordered on Friday, 5th September, 1656 :
" That the Returne made by the Bayliffe and Jurats of Guernzey, by vertue of an order of the Counsell of the 15th of
February last, upon the humble peticon of Thomas Symon; be referred to the Comees for Appeales from Guernzey, to consider thereof, and to certify their opinion therein to ye Counsell."Page 869, Entry Book No. 105.
On Thursday, 19th February, 1656-7, I find another Order of the Council, viz. :
"That the humble petičon of Thomas Symon, in right of his wife, and coheires, defts agts John Fautrart of Guernzey Appellant, and the Report from the Referees for Guernzey thereunto annexed, as also the humble peticon of the sayd Capt John Fautrart, and the paps thereunto annexed, be referred to the Lord Lambert, Col. Jones, Sr Charles Wolseley, Gen" Disbrow, Sr Gilbt Pickering, or any 2 of them, to be by them considered of, and the case with their opinion reported to ye Counsell."— Page 727, Entry Book No. 105.
Six months later, the Report from this Committee of the Council not having been made, it was hastened, thus:
Thursday, 27th August, 1657, post meridiem.-Ordered "That it be referred to Sr Charles Wolseley, Col. Sydenham, the Lord Strickland, Col. Jones, the Lord Viset Lisle, or any 2 of them, to see how matters depending before the Counsell, upon an appeale from a Judgmt 10 in Guernzey, in a Cause betwixt Thomas Symon and his wife, and John Fautrat doe stand, and to consider of the case, and report their opinion to ye Counsell, what is fitt to be donn thereupon."-Page 124, Entry Book No. 106.
The Report in question having at length been made and considered, the Council of State appointed a day for hearing the case themselves, as set forth in the next extract::
Wednesday, 16th September, 1657.-"On consideračon of a Report from the Comeel of the Counsell, to whom the matters in difference betweene Mr Thomas Symon, and Capt Fautrat, about a judgemt 12 in Guernzey, from which the said Capt Fautrat hath appealed, were referred; Ordered, That the Cause betweene the said Thomas Symon, and Capt Fautrat shalbe
papers. 12 judgment.
heard before the Counsell on Tuesday next in the afternoone, at which time both pties 13 and their Counsell, are to attend."Page 149, Entry Book No. 106.
Accordingly, on the Tuesday following, 22nd September, 1657, at the afternoon sitting of the Council of State, His Highness the Lord Protector being present, the whole matter was settled in the following manner, viz. :
“ This day being appoynted for the heareing of the Cause, upon the Appeale of John Fautrat, the eldest sonne of John the Father deceased, agt 14 a Judgment given in the Court at Guernsey, for, and on the behalfe of Thomas Symons, in right of his wife, and others the Coheires of the said John the Father, for 2 third pts 15 of certaine Rents in the Isle of Sarke; Upon full debate of the matter by Counsell Learned on both sides, and heareing the evidence now offered, His Highness and the Counsell found noe sufficient cause to give any releife unto the said John Fautrat, the Appellant, upon the said appeale, And doe therefore order yt 16 the said Appeale be hence dismissed ; and that ye said Judgmt 17 be remitted to the said Court at Guernsey, where the same was given, to cause ye gd 18 Judgmt to be put in execučon, according to the true intent and meaning thereof.”—Page 165, Entry Book No. 106. I
may here state that, notwithstanding a careful search among all the State Papers of the Protectorate, now preserved in the Public Record Office, London, I was unable to find any of the original reports and petitions referred to in these orders of the Council.
In concluding the present humble contribution to the history of our great medallic artist, I would remark that the mother of Thomas Simon was also a Guernsey woman, as well as his wife. It is established by several contributors to Notes and Queries that Pierre or Peter Simon (father of the engraver) married, on Thursday, 12th September, 1611, Anne, one of the six daughters of 13 Parties.
14 against. 17 judgmont.