The Last Will & Testament of Elie Chastain

St. Pierre’s Church and Cemetery, the final resting place for centuries of Chastains in Vesc, France.

Last summer, as detailed in this post, I finally discovered Pierre Chastain’s parents—Elie Chastain and Lucrèce Dubrotier. Up until that point, Pierre, my 7-times great-grandfather, was my earliest known Chastain ancestor. In a later post, found here, I discussed other Chastains, like Pierre, found fleeing into Germany from Vesc, France after 1685.

Below, from the Departmental Archives of the Drôme, is the Last Will and Testament of Elie Chastain, Pierre’s father. In it, along with some other fascinating passages, is proof that the other Chastains from Vesc found in Germany were, in fact, Pierre’s siblings. Two additional siblings, of whom I was unaware, are also mentioned.

Below is the will1, transcribed and translated by Transciption Services Ltd.

Etienne NOYER, public notary at VESC

Archives Départementales de la Drôme (France)
Ref. #1 : 2E11971 (register of E. NOYER)
Ref. #2 : copy on micro-film 2 Mi 6386/R1 (2012).

Will of Ellye CHASTAIN of VESC

[Folio 153r]
In the name of God, may all know that today, 8th of November Year 1686 in the afternoon in front of me public notary and witnesses, here present Mr Elly CHASTAIN land owner residing in VESC considering that there is nothing more certain than death and nothing less certain than the hour of passing away and not willing to quit this world without setting his will so that there will be no trouble after his death due to the assets that God provided him with, being lying on his bed due to illness, hearing and understanding well

[Folio 153v]
did and required, does and requires his last will in a loud voice and in the presence of witnesses, which would include his last wish, taking into account the whole assets that God provided him with. In the first place, as a good Christian fellow, he did the sign of the Holy Cross, saying “In Nomine Patris, et filii, et spiritus sancti”, offers his soul to the almighty God, praying him that He would please when He will call him to leave this world to get into His World, that his soul would get into the Paradise by the merit of the death and passion of our Lord Jesus Christ,

“By the merit of the death and passion of our Lord Jesus Christ.” This is a very Protestant thing to say. Remember, the Revocation of the Edict of Nantes took place in October, 1685. This was over a year later. At the time of this will, it was illegal to be Protestant. Among other indignities, Catholic priests were often sent to the death beds of Protestants to harass them into converting. Elie, despite the pressure he was under to convert to Catholicism, was still bold in his faith.

his burial within the cemetery of St Peter’s church here in VESC, and regarding his funeral and obsequies let the process in the hands and good will of his heiress mentioned hereafter.

Built in the 12th century, St. Pierre’s is a typical example of Romanesque architecture. In Elie’s time, the 17th century, this was still the Catholic church. Why would Elie want to be buried there? Huguenots were proud Frenchmen, despite accusations to the contrary, and Frenchmen were eager to be buried in the same place as their ancestors.

During the peak of the Religious Wars, the two sides were equally brutal when it came to treatment of the enemy’s dead, “…Catholic authorities and royal courts allowed, even ordered, Huguenot remains to be disinterred and reburied or sometimes just thrown by the roadside. Protestant rioters, in their turn, dug up and burned remains that Catholics considered sacred.”2

Though this attitude and activity never fully ceased, an uneasy coexistence emerged. Or, as scholar Keith Luria has explained, “Despite long years of rivalry and bloody conflict, Huguenots and Catholics living in confessionally mixed communities intermarried, sponsored each others’ children at baptisms, worked together, shared civic responsibilities, and participated in each others’ observances. Sometimes they also buried their dead in common cemeteries.”

This attitude did not come from a modern sense of “toleration” but, instead, from a pragmatism that recognized, no matter how much each side might desire it, neither the Catholics nor the Protestants were going to free the kingdom from the presence of the other.

It also must be said that frequently family and community bonds, as well as tradition, were stronger than religious differences. So it wasn’t at all uncommon for a match to be made between a Protestant and Catholic if such an alliance was favorite to both families.

Bearing all of this in mind, there was still simmering animosity between the Catholics and Huguenots which would occasionally boil over into spasms of violence. And the persecution of the Huguenots steadily grew under the reign of King Louis XIV until 1685 when he revoked their religious freedom entirely. And so Elie’s request, made in 1686, to be buried at St. Pierre’s was likely fraught with tension. But it was made for good reason. He would have wanted to be buried in the same place as his ancestors.

The testator wishes and intends that his heiress shall give alms to the Priors of the current place (Souffretans and MONDENIER), precisely 3 silver pounds that would be delivered only once by my heiress after the death of the testator.

This passage confused me. I had begun to understand why Elie would want to be buried in the cemetery of St. Pierre’s, but why would he bequeath money to officials of the Catholic faith? My only theory was that perhaps he was bribing them to smooth over any difficulties arising from his burial.

Not wholly satisfied with this explanation, I contacted a scholar of French Protestantism and asked for his thoughts. He believes that there was a mistranslation. Instead of Elie giving 3 silver pounds to the priors of Vesc, he believes it says that Elie gave 3 silver pounds to the suffering poor of Vesc.

For further evidence, Henry Martyn Baird, a great 19th century Huguenot scholar, wrote the following about Huguenot treatment of the poor, “The poor were well cared for. There were regular gatherings for their relief at the church door. Annual collections were made from house to house. It might be said that scarcely ever was there a Huguenot will made which did not contain some gift, great or small, for the benefit of the destitute.”3

Then, the testator tackles down his particular legacies:
He gives and bequeaths 5 shillings to Jacques and Pierrot CHASTAIN, sons of the testator and of Lucresse BROTIER his wife. The amount of 5 shillings will be given to each of them, and will be delivered one year after his death, and they will not be granted permission to ask for more regarding the assets of the testator.

A quick note about Pierre’s presence in this will—Pierrot was a nickname for Pierre, a sign of affection, probably for someone younger (Jacquot would have been the nickname for Jacques, this ‘ot’ ending is similar to the ‘y’ ending in English for Joe -> Joey and Dan -> Danny). This fits my theory that Pierre was likely the youngest of the Chastain children. (My somewhat educated guess is that he was born around 1665, making him about 21 when he fled France in 1686 and 52 when he finally married Anne Marie Gautier in Schwabendorf in 1717.)

And here’s where the proof of the relationships begins. Jacques was a name I was looking for as a potential brother of Pierre. And there he was.

And, he gives and bequeaths 20 shillings to Isabeau, Marguerite and Judi(th) CHASTAINGS, daughters of the testator and of the aforementioned DU BROTIER his wife, in addition to what he has already given as dowry assets to both of her within the pre-nuptial agreement. The amount of 20 shillings will be given to each of them and will too be delivered one year after his death, and they will not be granted permission to ask for more regarding the assets and heritage of the testator.


Two other names I was on the lookout for—Marguerite and Isabeau—as potential sisters of Pierre. There they were, along with a third sister—Judith. It turns out that Judith was married to Etienne Noyer, the Royal Notary of Vesc, the very notary who wrote out this Last Will and Testament of Elie Chastain.

And, he gives and bequeaths by the means of the rights bound to a particular legacy, to Marion CHASTAIN, daughter of the testator and the aforementioned DU BROTIER his wife, still single and seeking for marriage, thus he bequeaths what would be considered as fair by his wife.

Marion is a nickname for Marie, another sibling I was unaware of. Like Judith, she had not fled with her other siblings but had remained in Vesc. Due to the nickname, I believe she was the youngest of the children along with Pierre.

So, in all, Elie Chastain and Lucrèce Dubrotier had six known children—Isabeau, Judith, Marguerite, Jacques, Marie, and Pierre. It’s likely there were more children. The mortality rates of the time points to Elie and Lucrèce likely having closer to ten or twelve children overall. But these were the six who survived into adulthood.

On this topic, William Biek, author of A Social and Cultural History of Early Modern France, writes, “One study of infant mortality shows that for every hundred babies born in the seventeenth century, twenty-eight would die in the first year, eighteen more would die between age one and nine, and four more would die between years ten and nineteen. By age twenty, 50 percent of the children would be gone.”4

[Folio 154r]
The money will be delivered by his wife and heiress mentioned hereafter.
Asks and intends that the whole shall be payed and processed as said before.

And, to any other beneficiaries of the deceased, he gives and bequeaths 5 shillings to each of them.
And because any valid will requires the testator to appoint somebody as his heir or heiress, otherwise such will would be nullified, the testator, whatever his other assets could consist of, does appoint his wife Lucresse DUBROTIER ^° , as his universal heiress. She shall pay all his pending debts so that creditors would be satisfied. His heiress shall stick to the following conditions too regarding his inheritance. He asks her to give preference to male as opposed to female for any subsequent will that she would make, provided that they will remain too within this Kingdom, otherwise they cannot be granted anything regarding the inheritance of the testator.

Anyone who fled the Kingdom of France forfeited their rights to their inheritance.

The heiress will have to pay the debts of the testator; She shall stick to the any of requirements contained within the current will. His wife and heiress will never be obliged to provide explanations to anyone about how she is handling the inheritance. Should there be some money available once all the particular heirs would have received what the testator has given and bequeathed to them, his heiress is granted permission to use the rest of the inheritance as she intends to do.

I’m not an expert on French Huguenot wills, so perhaps this is typical language, but I’m wondering since most of his children had fled the Kingdom of France already, if this language was meant to keep anyone from questioning Lucrèce’s handling of the money. That way she may have been able to discretely take their inheritance with her when she herself fled to live with them in Germany once Elie had died.

Should it be that some of the heirs would like to go to court and even if they would argue about the sharing decided by the testator, nothing of this kind is allowed, and his universal heiress shall be respected as such, and the testator requires that any of the quarrelsome will be rejected from the inheritance process as the testator has given within the current deed what any of his heirs legitimately deserve.

#° And he gives and bequeaths £ 50 to Louise CHABRIER his granddaughter, and daughter of the aforementioned Marguerite CHASTAIN his daughter, and she will not be granted permission to ask for more regarding the assets and legacy of the testator provided that she will remain within this Kingdom. The legacy will be delivered when and how the heiress mentioned hereafter will decide.

According to the will, Louise Chabrier was Elie Chastain’s granddaughter. Louise was the daughter of Marguerite Chastain and Moyse Chabrier. Pierre Chastain was grouped specifically with Moyse Chabrier when listed as one of the founding settlers of Schwabendorf in Germany, but Marguerite had died by this point so the relationship between Moyse Chabrier and Pierre was unclear. This definitively proves what I had suspected—they were brothers-in-law.

^° his beloved wife, approving along with parties and witnesses

[Folio 154v]
It is his last will, done in a loud voice and in the presence of witnesses. Thus he requires to nullify any previous will, codicil, donation and any other dispersal that he could have made before this deed. The current will supersedes any of these deeds.

The testator prays and requires the witnesses mentioned hereafter to have a perfect recollection when they will be asked to recite the current will and to state they were here present. He states that he has a pretty good and satisfactory knowledge of any of the witnesses, whose names and surnames and well listed hereafter.
The public notary granted the current deed as required by the testator.

Done in the house of the testator, in the presence of Honest Paul CANDY, Jean DUFOUR (son of deceased David), Jean AUDRAND, Piere BLANC son of Jean, David DESPAGNE, Piere AUDRAND, Jean Andre CHASTAIN, all residing in VESC and Mr Jaques NOYER from COMPS, witnesses. The aforementioned NOYER CANDY DUFOUR CHASTAIN BLANC DESPAGNE and Pierre AUDRAND signed the deed. The aforementioned Jean AUDRAND stated he is not able to write, and although required to sign, the testator said that due to he great weakness he will not sign the deed.

Being 80 years old and quite ill, Elie was too weak to sign his name. Luckily, I’ve been able to find his signature on earlier documents.

Elie Chastain’s signature from a business agreement circa 1679 in Vesc5.

We do know that Elie was, as he had requested, buried in St. Pierre’s cemetery on 10 Dec 1686, a month after making his will, and eighty years after his birth in 1606. He was born during the reign of King Henry IV, who had signed the Edict of Nantes, and he died while King Louis XIV was on the throne, the sovereign who oversaw the Edict of Nantes’ revocation.

Burial record for Elie Chastain from the Vesc Parish Records6.

A visit to Vesc in the Summer of 2015 confirmed that St. Pierre’s cemetery is filled with Chastans (see this post for an explanation of how Chastain became Chastan in Vesc), no doubt distant cousins, all. Cemeteries in Europe, unlike North America, often recycle burial plots. In Vesc, the earliest tombstones only date back to the 19th century because of this. Though his tombstone no longer exists, Elie, along with the bones of centuries of unnamed and unknown Chastain ancestors, are at rest in St. Pierre’s churchyard.


Sources:

1 Notarial Records. Archives Départementales de la Drôme. Valence, France. http://archives.ladrome.fr/
2 Luria, Keith P. (2001). Separated by Death? Burials, Cemeteries, and Confessional Boundaries in Seventeenth-Century France. French Historical Studies, Vol 24, Number 2, Spring 2001, pp. 185-222.
3 Baird, Henry Martyn. The Huguenots and the Revocation of the Edict of Nantes. New York: Charles Scribner’s Sons, 1895.
4 Biek, William. A Social and Cultural History of Early Modern France. Cambridge: Cambridge University Press, 2009.
5 Notarial Records. Archives Départementales de la Drôme. Valence, France. http://archives.ladrome.fr/
6 Vesc Parish Records. Archives Départementales de la Drôme. Valence, France. http://archives.ladrome.fr/

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