Thomas Fastolf
Encyclopedia
Thomas Fastolf, sometimes spelt Fastolfe (died June 1361) was an English
canon law
yer and Bishop of St David's
from 1352 until his death.
Probably educated at Cambridge
and then overseas, he held the degree of Doctor of Laws and his first career was as a canon law
yer in Avignon
, which was then the seat of the Papacy
. He is credited as the first identifiable reporter
of cases
in the papal
court
known as the Rota.
As Fastolf advanced in the service of the Avignon popes, he gained a series of preferments in the British Isles, concluding with the bishop
ric of St David's.
, Norfolk
, who became lawyer
s, the others being Nicholas and Lawrence. He was mentor
ed by William Bateman
, bishop of Norwich
, and probably read law at the University of Cambridge
, as did others who came under Bateman's wing, but his studies were continued overseas and it is not known where he took his doctorate. His brother Nicholas Fastolf (died 1330) became a serjeant-at-law
and a Lord Chief Justice of Ireland
, while his brother Lawrence was auditor of the audience court of Canterbury
.
(d. 1335), and by about 1335 he was a papal judge at Avignon
, with a seat in the rota. He became an auditor of the apostolic palace before 1340, probably during the life of his patron Bateman, who had great influence at the Avignon curia
. In 1340 he and Robert de Tresk were appointed the proctor
s at Avignon of John de Stratford
, Archbishop of Canterbury
.
Fastolf gained various preferments at home as rewards for his services. In 1326 he was appointed prebendary
of York
and archdeacon
of Coventry
and later gained several other prebends. From 1340 to 1347 he was archdeacon
of Norwich
, and from 1347 to 1352 archdeacon of Wells
.
Although common law
yers had begun reporting
cases
in England
during the 1260s, Fastolf is credited as the first to report cases in the Rota who can be identified. In the tradition of common law, Fastolf wrote a series of reports on thirty-six cases heard at the Rota in Avignon
between December 1336 and February 1337, constituting a journal of the debates among the first grade auditors over some two and a half months, the Decisiones rotae. This work by Fastolf was published in Rome in 1475 under the name of Thomas Falstoli, providing a model for the reporting of secular cases in Italy and France, so that reports of cases became a feature of the European jus commune
until the time of Napoleon
.
In 1352 Fastolf's services in Avignon were rewarded with the bishopric of St David's. He resigned his seat in the rota, the English presence there being continued by Simon Sudbury
. He received the spiritualities of St David's on 29 March 1353 and the temporalities of the diocese on 4 June.
As Bishop of St David's for nine years, Fastolf appears to have presided over a period of quiet order, with no major new projects undertaken. Indeed, a historian of the bishop's palace at St David's goes so far as to say
In 1358, Fastolf made a statute
, later confirmed by Richard II
, to make it easier and safer for the prebendaries of his diocese to collect their share of the tithes.
Fastolf made a will
on 9 June 1361 and died before the end of June. As he had requested in his Will, which was proved
on 1 July 1361, his body was entombed "at the right hand of the image of the Blessed Mary
, in her Chapel
", in St David's Cathedral
. He left all his possessions to be disposed of by David Ley, precentor
of St David's, Robert de Grymeston of the church of Dyserth
, and Phillip Dyer, rector of Llanychllwydog. No books are mentioned.
Kingdom of England
The Kingdom of England was, from 927 to 1707, a sovereign state to the northwest of continental Europe. At its height, the Kingdom of England spanned the southern two-thirds of the island of Great Britain and several smaller outlying islands; what today comprises the legal jurisdiction of England...
canon law
Canon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...
yer and Bishop of St David's
Bishop of St David's
The Bishop of St David's is the ordinary of the Church in Wales Diocese of St David's.The succession of bishops stretches back to Saint David who in the 6th century established his seat in what is today the city of St David's in Pembrokeshire, founding St David's Cathedral. The current Bishop of St...
from 1352 until his death.
Probably educated at Cambridge
University of Cambridge
The University of Cambridge is a public research university located in Cambridge, United Kingdom. It is the second-oldest university in both the United Kingdom and the English-speaking world , and the seventh-oldest globally...
and then overseas, he held the degree of Doctor of Laws and his first career was as a canon law
Canon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...
yer in Avignon
Avignon
Avignon is a French commune in southeastern France in the départment of the Vaucluse bordered by the left bank of the Rhône river. Of the 94,787 inhabitants of the city on 1 January 2010, 12 000 live in the ancient town centre surrounded by its medieval ramparts.Often referred to as the...
, which was then the seat of the Papacy
Avignon Papacy
The Avignon Papacy was the period from 1309 to 1376 during which seven Popes resided in Avignon, in modern-day France. This arose from the conflict between the Papacy and the French crown....
. He is credited as the first identifiable reporter
Law report
Law reports or reporters are series of books that contain judicial opinions from a selection of case law decided by courts. When a particular judicial opinion is referenced, the law report series in which the opinion is printed will determine the case citation format.The term reporter was...
of cases
Legal case
A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal...
in the papal
Ecclesiastical court
An ecclesiastical court is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages in many areas of Europe these courts had much wider powers than before the development of nation states...
court
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
known as the Rota.
As Fastolf advanced in the service of the Avignon popes, he gained a series of preferments in the British Isles, concluding with the bishop
Bishop
A bishop is an ordained or consecrated member of the Christian clergy who is generally entrusted with a position of authority and oversight. Within the Catholic Church, Eastern Orthodox, Oriental Orthodox Churches, in the Assyrian Church of the East, in the Independent Catholic Churches, and in the...
ric of St David's.
Early life
Fastolf was one of three sons of another Thomas Fastolf, of Great YarmouthGreat Yarmouth
Great Yarmouth, often known to locals as Yarmouth, is a coastal town in Norfolk, England. It is at the mouth of the River Yare, east of Norwich.It has been a seaside resort since 1760, and is the gateway from the Norfolk Broads to the sea...
, Norfolk
Norfolk
Norfolk is a low-lying county in the East of England. It has borders with Lincolnshire to the west, Cambridgeshire to the west and southwest and Suffolk to the south. Its northern and eastern boundaries are the North Sea coast and to the north-west the county is bordered by The Wash. The county...
, who became lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
s, the others being Nicholas and Lawrence. He was mentor
Mentor
In Greek mythology, Mentor was the son of Alcimus or Anchialus. In his old age Mentor was a friend of Odysseus who placed Mentor and Odysseus' foster-brother Eumaeus in charge of his son Telemachus, and of Odysseus' palace, when Odysseus left for the Trojan War.When Athena visited Telemachus she...
ed by William Bateman
William Bateman
William Bateman was a medieval Bishop of Norwich.Bateman was the son of William Bateman, a Norwich citizen and bailiff who was an M.P.. He graduated at Cambridge University in Civil and Canon Law. He was appointed Archdeacon of Norwich in 1328...
, bishop of Norwich
Bishop of Norwich
The Bishop of Norwich is the Ordinary of the Church of England Diocese of Norwich in the Province of Canterbury.The diocese covers most of the County of Norfolk and part of Suffolk. The see is in the City of Norwich where the seat is located at the Cathedral Church of the Holy and Undivided...
, and probably read law at the University of Cambridge
University of Cambridge
The University of Cambridge is a public research university located in Cambridge, United Kingdom. It is the second-oldest university in both the United Kingdom and the English-speaking world , and the seventh-oldest globally...
, as did others who came under Bateman's wing, but his studies were continued overseas and it is not known where he took his doctorate. His brother Nicholas Fastolf (died 1330) became a serjeant-at-law
Serjeant-at-law
The Serjeants-at-Law was an order of barristers at the English bar. The position of Serjeant-at-Law , or Sergeant-Counter, was centuries old; there are writs dating to 1300 which identify them as descended from figures in France prior to the Norman Conquest...
and a Lord Chief Justice of Ireland
Lord Chief Justice of Ireland
thumb|200px|The Four CourtsThe headquarters of the Irish judicial system since 1804. The Court of King's Bench was one of the original four courts that sat there....
, while his brother Lawrence was auditor of the audience court of Canterbury
Canterbury
Canterbury is a historic English cathedral city, which lies at the heart of the City of Canterbury, a district of Kent in South East England. It lies on the River Stour....
.
Career
By 1326, Fastolf was a clerk of Cardinal Giovanni Gaetano OrsiniGiovanni Gaetano Orsini (cardinal)
Giovanni Gaetano Orsini , Cardinal of the Holy Roman Church from 17 December 1316 until his death, was a Roman nobleman, a nephew of Pope Nicholas III and a grandson of Matteo Rosso Orsini....
(d. 1335), and by about 1335 he was a papal judge at Avignon
Avignon
Avignon is a French commune in southeastern France in the départment of the Vaucluse bordered by the left bank of the Rhône river. Of the 94,787 inhabitants of the city on 1 January 2010, 12 000 live in the ancient town centre surrounded by its medieval ramparts.Often referred to as the...
, with a seat in the rota. He became an auditor of the apostolic palace before 1340, probably during the life of his patron Bateman, who had great influence at the Avignon curia
Curia
A curia in early Roman times was a subdivision of the people, i.e. more or less a tribe, and with a metonymy it came to mean also the meeting place where the tribe discussed its affairs...
. In 1340 he and Robert de Tresk were appointed the proctor
Proctor
Proctor, a variant of the word procurator, is a person who takes charge of, or acts for, another. The word proctor is frequently used to describe someone who oversees an exam or dormitory.The title is used in England in three principal senses:...
s at Avignon of John de Stratford
John de Stratford
John de Stratford was Archbishop of Canterbury and Treasurer and Chancellor of England.-Life:John was born at Stratford-on-Avon and educated at Merton College, Oxford, afterwards entering the service of Edward II....
, Archbishop of Canterbury
Archbishop of Canterbury
The Archbishop of Canterbury is the senior bishop and principal leader of the Church of England, the symbolic head of the worldwide Anglican Communion, and the diocesan bishop of the Diocese of Canterbury. In his role as head of the Anglican Communion, the archbishop leads the third largest group...
.
Fastolf gained various preferments at home as rewards for his services. In 1326 he was appointed prebendary
Prebendary
A prebendary is a post connected to an Anglican or Catholic cathedral or collegiate church and is a type of canon. Prebendaries have a role in the administration of the cathedral...
of York
York
York is a walled city, situated at the confluence of the Rivers Ouse and Foss in North Yorkshire, England. The city has a rich heritage and has provided the backdrop to major political events throughout much of its two millennia of existence...
and archdeacon
Archdeacon
An archdeacon is a senior clergy position in Anglicanism, Syrian Malabar Nasrani, Chaldean Catholic, and some other Christian denominations, above that of most clergy and below a bishop. In the High Middle Ages it was the most senior diocesan position below a bishop in the Roman Catholic Church...
of Coventry
Coventry
Coventry is a city and metropolitan borough in the county of West Midlands in England. Coventry is the 9th largest city in England and the 11th largest in the United Kingdom. It is also the second largest city in the English Midlands, after Birmingham, with a population of 300,848, although...
and later gained several other prebends. From 1340 to 1347 he was archdeacon
Archdeacon
An archdeacon is a senior clergy position in Anglicanism, Syrian Malabar Nasrani, Chaldean Catholic, and some other Christian denominations, above that of most clergy and below a bishop. In the High Middle Ages it was the most senior diocesan position below a bishop in the Roman Catholic Church...
of Norwich
Norwich
Norwich is a city in England. It is the regional administrative centre and county town of Norfolk. During the 11th century, Norwich was the largest city in England after London, and one of the most important places in the kingdom...
, and from 1347 to 1352 archdeacon of Wells
Wells Cathedral
Wells Cathedral is a Church of England cathedral in Wells, Somerset, England. It is the seat of the Bishop of Bath and Wells, who lives at the adjacent Bishop's Palace....
.
Although common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
yers had begun reporting
Law report
Law reports or reporters are series of books that contain judicial opinions from a selection of case law decided by courts. When a particular judicial opinion is referenced, the law report series in which the opinion is printed will determine the case citation format.The term reporter was...
cases
Legal case
A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal...
in England
Kingdom of England
The Kingdom of England was, from 927 to 1707, a sovereign state to the northwest of continental Europe. At its height, the Kingdom of England spanned the southern two-thirds of the island of Great Britain and several smaller outlying islands; what today comprises the legal jurisdiction of England...
during the 1260s, Fastolf is credited as the first to report cases in the Rota who can be identified. In the tradition of common law, Fastolf wrote a series of reports on thirty-six cases heard at the Rota in Avignon
Avignon
Avignon is a French commune in southeastern France in the départment of the Vaucluse bordered by the left bank of the Rhône river. Of the 94,787 inhabitants of the city on 1 January 2010, 12 000 live in the ancient town centre surrounded by its medieval ramparts.Often referred to as the...
between December 1336 and February 1337, constituting a journal of the debates among the first grade auditors over some two and a half months, the Decisiones rotae. This work by Fastolf was published in Rome in 1475 under the name of Thomas Falstoli, providing a model for the reporting of secular cases in Italy and France, so that reports of cases became a feature of the European jus commune
Jus commune
Jus commune or ius commune is Latin for "common law" in certain jurisdictions. It is often used by civil law jurists to refer to those aspects of the civil law system's invariate legal principles, sometimes called "the law of the land" in English law...
until the time of Napoleon
Napoleon I
Napoleon Bonaparte was a French military and political leader during the latter stages of the French Revolution.As Napoleon I, he was Emperor of the French from 1804 to 1815...
.
In 1352 Fastolf's services in Avignon were rewarded with the bishopric of St David's. He resigned his seat in the rota, the English presence there being continued by Simon Sudbury
Simon Sudbury
Simon Sudbury, also called Simon Theobald of Sudbury and Simon of Sudbury was Bishop of London from 1361 to 1375, Archbishop of Canterbury from 1375 until his death, and in the last year of his life Lord Chancellor of England....
. He received the spiritualities of St David's on 29 March 1353 and the temporalities of the diocese on 4 June.
As Bishop of St David's for nine years, Fastolf appears to have presided over a period of quiet order, with no major new projects undertaken. Indeed, a historian of the bishop's palace at St David's goes so far as to say
In 1358, Fastolf made a statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
, later confirmed by Richard II
Richard II of England
Richard II was King of England, a member of the House of Plantagenet and the last of its main-line kings. He ruled from 1377 until he was deposed in 1399. Richard was a son of Edward, the Black Prince, and was born during the reign of his grandfather, Edward III...
, to make it easier and safer for the prebendaries of his diocese to collect their share of the tithes.
Fastolf made a will
Will (law)
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...
on 9 June 1361 and died before the end of June. As he had requested in his Will, which was proved
Probate
Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court decides the validity of a testator's will...
on 1 July 1361, his body was entombed "at the right hand of the image of the Blessed Mary
Mary (mother of Jesus)
Mary , commonly referred to as "Saint Mary", "Mother Mary", the "Virgin Mary", the "Blessed Virgin Mary", or "Mary, Mother of God", was a Jewish woman of Nazareth in Galilee...
, in her Chapel
Lady chapel
A Lady chapel, also called Mary chapel or Marian chapel, is a traditional English term for a chapel inside a cathedral, basilica, or large church dedicated to the Blessed Virgin Mary...
", in St David's Cathedral
St David's Cathedral
St David's Cathedral is situated in St David's in the county of Pembrokeshire, on the most westerly point of Wales.-Early history:The monastic community was founded by Saint David, Abbot of Menevia, who died in AD589...
. He left all his possessions to be disposed of by David Ley, precentor
Precentor
A precentor is a person who helps facilitate worship. The details vary depending on the religion, denomination, and era in question. The Latin derivation is "præcentor", from cantor, meaning "the one who sings before" ....
of St David's, Robert de Grymeston of the church of Dyserth
Dyserth
Dyserth is a village in Denbighshire, Wales. Population : 2,566 . Its main features are the extensive quarrying remains, its waterfalls, railway line , and mountain ....
, and Phillip Dyer, rector of Llanychllwydog. No books are mentioned.
Further reading
- J. H. Baker, "Dr Thomas Fastolfe and the history of law reporting", in Cambridge Law Journal, vol. 45 (1986), pp. 84–96