Aimé (Aymo, Aymonet) DUTRUICT (ID #I7514)
(male)
- TITLES/'DIT' NAMES/OCCUPATIONS: alias de Torculari
- BIRTH: BEF 1460
- DEATH: 1513, Payerne, Vaud, Switzerland
Father: _____ DE TORCULARI (dates unknown)
Family 1
:
Perronete BONNET (OR BOVET?) (d. 1513)
- +Jaquaz DUTRUICT (d. 9 MAR 1553)
- Janna DUTRUICT (dates unknown)
- +Clauda DUTRUICT (b. BEF 1480)
Evidently the French version of the surname is du Truict (as given by Aymé Chuard, notary of Payerne, in 1539), and in Latin, de Torculari or Torcularius (the latter found once in a Latin document of Pierre Chuard, 1518). Now, documents as early as 1518 appear to refer to Aymon/Aymo/Aymé as already deceased. After examining as many of the registers of the early notaries of Payerne as we could obtain on microfilm from the Family History Library, we found a testament recorded in a register of Pierre Chuard, notary at Payerne (ACV DP 16/15, fol. 40), between documents from the 1550's, with the date 16 jul 1513. Evidently the document as recorded is a later copy prepared for the heirs. The copy indicates the original was prepared (or at least witnessed) by François Ruerat, and later his "protocols" (registers) were passed on to Pierre Gachet, then the present copy was recorded by Pierre Chuard. Finally, in the margin, this copy notes that a further copy was prepared by Benoit de Mieville.
In any case, this version of the will mentions Stephanus de Torculari, "father" of Aymo ("patri meo", clearly written), still living, and Aymo's brothers ("fratribus meis") Johannis and Denis (uncertain reading), in addition to Aymo's three daughters, their husbands, and Aymo's late wife Peronete. There are vineyards near Epesses (now parish of Cully) and Grandvaux, acquired in the past from Mermet Maillardoz, but no indication of citizenship or place of residence other than that the document is under the seal of the city of Payerne. Another version of this will, probably the rough notes that would be filled in later for the final, formal copy, but indicating that the testament was nuncupative (dictated to witnesses, rather than prepared by a notary, and signed by de Torculari), is found in the register attributed to Pierre Ruerat (ACV DP 92/1 fol. 88, FHL microfilm #995991, where this item is erroneously labeled as the work of the non-existent notary Pierre Ruchat), with the same date, but identifying Stephanus as the brother (clearly written) rather than the father of Aymo. This version is very messy, written in the third person. The first version is in the first person and has no obvious ellipses, so we believe it to be authoritative. However, the text is illogical in the first version with respect to the provisions about Stephanus and Johannes. It says, in effect, "I bequeath to Stephanus de Torculari my father all right and title that I hold undivided with him and Johannes my brothers". Since "fratribus meis" is the dative plural, we should expect to find the names of at least two brothers of Aymon. If the writing were quite bad, we might read "do Deni et Johanne fratribus meis" (a reading that raises other questions), but we have come to believe it is more likely to read "eodem et Johanne fratribus meis", implying that Stephanus should have been called "fratri meo" instead of "patri meo". So far, this is entirely an academic question, because no other definite mention has been found of Stephanus.
However, there is a complication regarding the relationship of the two copies of the testament to one another. The shorter version, in the register attributed to Pierre Ruerat, bears two marginal notations by "me Petrum Chuard", indicating that he made copies from this source for Jaqua and Janna. Further, the handwriting of "me Petrum Chuard" does not match the handwriting of the copy found in his own register. The copy found there is evidently the work of a clerk acting under his direction, circa 1558. There is so much more additional text in the version in the register of Pierre Chuard, that we would have to suppose it is in fact based on the original associated with François Ruerat, now apparently lost, rather than on the version in the register fo Pierre Ruerat. The simplest explanation seems to be that the register attributed to Pierre Ruerat, a notary whose existence seems not to be mentioned in any other source, was in fact the work of François Ruerat, and that this version of the testament is simply the rough draft. Then, at a much later date, Pierre Chuard filled in the required legal jargon of the period from the draft of François Ruerat. But by that time, apparently in 1558, Latin had long since fallen out of use for legal documents in the Pays de Vaud, perhaps explaining the careless errors made in the text.
It is undoubtedly significant that the de Torculari brothers held property in common. The property in question would have been inherited from one or both of their parents, but unfortunately, the testament does not indicate where this property was located. It will be necessary to study the terriers from the early 16th Century in hopes of locating a property held jointly by the brothers. Very often, the terriers are indexed, and it would make sense to begin with the area around Lutry and Cully.
It is interesting to compare the testaments of Aymo and his wife Perronete. His testament asks for burial in the church of St. Benedict, before a chapel that he founded there. His wife's testament asks for burial in the chapel founded by her husband, but the passage is incomplete due to damage by mice. The part that can be read mentions a church, related in some way to the Abbey of Payerne, and specifies that the site is located at the "loco dicto en Galileaz". It seems reasonable to assume that the two testaments in fact refer to the same chapel, which therefore must be in a church or chapel dedicated to St. Benedict, subject to the Abbey, at a location known as en Galileaz. Unfortunately, the actual site of this church or chapel remains unknown. Both the Abbey and the parish church of Payerne are dedicated to the Virgin Mary. Nevertheless, after some exchanges with M. Favez at the Archives Cantonales Vaudoises and Catherine Minck-Brandt, a possible solution has emerged. First, the abbey was subject to the abbey of Cluny, one of several orders inspired by St. Benedict. There does not seem to be a church dedicated to St. Benedict in this part of the Pays de Vaud, but could the wording simply indicate the allegiance of the abbey to the rule of St. Benedict? Likewise, there seems to be no "lieu-dit" in the area what would give rise to something like "en Galileaz". At that point, we began to consider whether "en Galileaz" might indicate a specific location in the vast abbey, or perhaps adjacent to it, suitable for a burial. With the intent of finding a clearer description of any such location, we studied the volume of the Bibliothèque historique vaudoise (vol. 39, 1966) dedicated to the subject of the abbey. We were quite startled to find galilée mentioned in connection with the abbey at Cluny, which is generally accepted as the architectural model for the abbey of Payerne. Further searching revealed that the Latin term "galilaea", or in French "galilée" is now considered an architectural feature. It refers to a specific form of porch or narthex seen in some of the abbeys affiliated with Cluny. Instead of a simple narthex or foyer that opens into the nave of the church, the "galilée" structure has two levels. The lower level functions as the narthex, while the upper level is a separate chapel dedicated to the celebration of memorial masses for the dead. This arrangement is also found at Payerne, although not much remains of the interior details. The upper level is known today as the "chapelle Saint-Michel", but it no doubt had multiple subsidiary chapels before the entire structure was gutted after the Reformation, and the association with St. Michael may be a later interpolation. A further piece of evidence attests to the existence of "en Galileaz" in the abbey at a much earlier date. There is a document bearing the date 04 aug 1349 in the city archives of Payerne, in which Pierre Mallet requests burial near his ancestors in the abbey church (?) at this same Galileaz (ACPayerne G 1, cited in Helvetia Sacra III/2 in the article about the abbey, note 417, page 429). And what is this "church" of St. Benedict? We have to wonder if this designation was given to a separate space within the narthex. The exact arrangement of the original "Galilee" of the abbey is unknown, because not much but the outer walls remain today. It is sobering to realize that so much of the structure of the Abbey has been lost, not to mention virtually all of its contents.
The derivation of du Truict from de Torculari is given in a newspaper account of the surnames of Neuchatel and Vaud: "Dutruy — Comme sa variante de La Côte vaudoise Dutruit, vient du patois trui, trai, troi, pressoir de vendange, troillî, presser (latin torculum, vieux français truel, treuil). Autres formes: Troillet (VS), sa variante vaudoise Trolliet et une forme américanisée Troillett; Troillard, Trouillet, Trouilhet, Trouillat, Trouiller, Trouillier, Trouillard (aussi menteur ou trompeur en vieux français), Treuillaud, Truillot, Troyon (lieu-dit en Champagne), Truyol, Truel (lieu-dit en Auvergne), Dutruel. (21.7.96)" One might also entertain the idea, at least in this case, that the name is equivalent to Torggler and similar from German-speaking areas such as St. Gall. About 1690, also, we note at Wittenberg the scholar Stephanus Torcularius, or in German, Toerckeler.
It is probably significant that the du Truict variant is said to come from La Côte, the wine-growing area around Cully. However, there are other possibilities for the original version of the surname. For example, there are mentions in historical records of various people whose name is rendered in Latin as de Torculari: Nikolaus von Pressorio or du Pressoise, born at Pressoire-près-Boutigny, France, a theologian who died in 1302; a Stephano Torgeler in the 15th Century; a Mermet de Torculari from Versegères, Valais, mentioned in 1354 at the Abbey of St. Maurice. Further, historians from Fribourg occasionally render the name Dutruel or Dutrueil, depending on which form of the word for winepress that they recognize in the local patois.
The will of Aimé de Torculari also mentions Jaqueta, "nutrita" (ward) of Aimé. This would seem to be the same Jaqueta who married Claude Berthod, and in which connection all the other children of Pierre Gachet are listed as her brothers and sisters. The usage of "nutrita" is thus a problem. It would ordinarily indicate a foster child, but as Pierre Gachet was evidently still alive when Aimé dictated his will, there is clearly something else going on. Might Jaqueta have been born before the marriage of Pierre Gachet? Or, was Jaqueta an illegitimate daughter of Aymo de Torculari, born before his marriage to Perroneta? Jaqueta is not mentioned in her testament. If that is the correct solution, then there are two of them: Jaqueta, illegitimate daughter of Aymo de Torculari, and Jaqueta, daughter of Pierre Gachet.
The marriage contracts of two of Aimé's daughters are preserved in the register attributed to Pierre Ruerat, notary at Payerne, as well as his wife's testament, revealing that she had four children by her first husband, Bérard Faulcon of Fribourg. In records of Pierre Moron, fils, at least two documents refer to Aimé as "rector et gobernator ville paterniaci".
However, records of Pierre Moron père, notary at Payerne, include a record of a debt owed to Aymo de Torculari, notary and bourgeois de Fribourg, 28 apr 1485. Thus, he resided in Fribourg before he came to Payerne. The same notary mentions a Johannes de Torculari, clerk and citizen of Payerne, 09 oct 1470, but we have found no other mention of this person. Another record placing Aymon de Torculari in Payerne is an account of the meeting of the Etats de Vaud held at Moudon on 05 feb 1495 (1494 Old Style). The account of this meeting in the Manual de Conseil of Lausanne (AVL A/183, not yet examined) notes that Pierre Crostel and Aymo Torculariis, syndics, were the representatives from Payerne.
Correspondence in the Falck family, preserved in a copy made about 1545 by a de Praroman descendant, indicates that Aimé was believed to have mistreated his wife. The letter is dated on the eve of the feast of St. Matthew, 1503 (this would be 20 sep 1503), from Payerne, by Hans Falk to his brother Peter at Fribourg.
"Getrüwer bruoder! Vil glücks und guoter gesundheit wünsch ich dir us grund mins herzens etc.
"Als ich zuo diser stund gan Betterlingen [Peterlingen, Payerne] bin kommen, hab ich vernommen, wie die onmächtig hündisch wüeterich man mit unserer lieben muoter so unchristenlich geläbt hab, si übel geschlagen, das davon nichts zuo sagen si, darzuo sin tochter Jaque geschent, das si us dem hut nit bedarf kommen und underschuld. Söllichs alles han ich mit im geredt: ob er anderst nit mit unser muoter wöllte läben, wil wäger were, das wir si bi uns annemen, darzuo seche er uns nit dafür an, das wir sölichs von im liden wölten, sunderst erzöugen, was lüt wir dan sind. Harumb lieber bruoder wellest im darvon schriben und im erzöugen, das wir ouch lüt sind uf die meinung, ob dir und mir söllichs zinstag gester vergangen uns söllichs zuo Friburg gesagt si, wil er si nit gern haben, das er si uns lasse, wöllen wir si gern haben. Dan wir je söllichs nit liden wöllen, von im in iren alten tagen geschlagen werden.
"Datum ilends, Vigilia Mathey, anno 1503.
"Din getrüwer bruoder Hans Falk."
The wording of the passage about Jaque is not clearly understood, but we give a tentative translation:
"Faithful brother! I wish you good fortune and health from the bottom of my heart, etc.
"When I arrived this time in Payerne, I heard how that violent, tyrannical, brutish man has behaved so unchristianly towards our dear mother, has so beaten her, that there is nothing more to be said, but that his daughter Jaque is so ashamed that she will not leave the house, and I don't blame her. I discussed all of this with him: If he cannot behave otherwise towards our mother, it would be much better if we brought her to live with us, for he should not think that we would tolerate this from him, rather we will show him what sort of people we are. Therefore, dear brother, please write to him about this and show him, that we are of the same opinion, as you and I heard the talk about this last Tuesday in Fribourg, if he will not treat her better, then will he allow us to take her in. And further that we will not allow it, that she should be beaten by him in her old age.
"Dated in haste, the eve of St. Matthew's, 1503.
"Your faithful brother Hans Falk."
He is cited in an act of 02 dec 1482 with his wife Perronete Bovet as "rector scolarum Gallicorum Friburgi", evidently signifying that he was in charge of the French-speaking students at Fribourg. This is the earliest mention of him yet discovered, and appears to place his marriage before 1482 (Alexandre Daguet, "Appendice à la biographie de Georges de Rive deuxième gouverneur de Neuchâtel", in Musée Neuchâtelois 19:175-176, 1882). We had already inferred a slightly earlier date of marriage because of the apparent ages of his daughters. Holding such a position implies that he was educated at a university in a French-speaking city such as Paris or perhaps in a bilingual area such as Basel, Strasbourg, etc. Further, the most plausible conclusion seems to be that he was not originally from Fribourg, but relocated there to accept the position of rector at a local school. By 1482, he would have been a very minor figure in Fribourg, because the linguistic politics of the time were just then changing from French to German. He must have been the very last "rector scolarum Gallicorum", and would have found himself unemployed if he had stayed much longer in Fribourg. No doubt his well-timed marriage to the widow of Bérard Falck would have helped him secure his new position at Payerne, but he would also have needed academic credentials. For this position as well, he must have been educated at a university. Several accounts of the history of education in Fribourg during the 15th Century have been published, but they do not mention Aimé.
As mentioned in various citations, he was indeed granted citizenship in the city Fribourg, as would be expected for a schoolmaster who had married the widow of a famous citizen. The AEF has now digitized the second volume of the city's Livre des Bourgeois, and on fol. 96v, we find: Aymo de Torculari de Sancto Paulo notarius factus est burgensis super totam domum que fuit Berhardi Faulcon sitam Friburgi supra burgum inter domum Johannete Chambloda a parte inferiori, et domum Jaqueti Doreir a parte superiori, et fuit de laude Perronete uxoris sue laudimi ? xxii mai anno ut supra" (22 may 1483 Style of the Nativity).
Another item in the de Praroman collection is a letter from Jean Aimé de Bonivard, abbé de Pignerol and acting on behalf of the Duke of Savoie, addressed to the "Commissayre" of Payerne, step-father of Peter Falck (October 10, year not given, but from the context it must be 1514). Falck was then on a mission to Rome concerning a dispute that involved Bonivard's interests. In the discussion of this letter, historian Alexandre Daguet says he is tempted to translate the name de Torculari into French as de Treytorrens ("nous serions tenté de traduire en français..."), on the grounds that the same manuscript collection contains a letter from Guillaume de Treytorrens of Payerne to his "cousin" Peter Falck. We believe this erroneous suggestion of Daguet must be the source of the same perverse reading of the name in later accounts based on the same correspondence.
The title of Commissaire at this period frequently refers to a person appointed to compile a "terrier", a record of the ownership of property that was subject to a particular feudal superior, in this case probably the abbey of Payerne. One of the requirements for such a "commissaire" seems to have been that he would not have a conflict of interest by having to inventory some of his own property. In the "terriers", we often find a few words about the commissaire himself, such as his origins, and sometimes the name of his father. There does not seem to be a terrier compiled by de Torculari in the collections of the Archives Cantonales Vaudoises, but it is possible some reference to such a project might exist in the communal archives of Payerne. Commissaires seem also to have been granted citizenship in the city in which they were working, perhaps also a subject of record that might be sought in the archives of Payerne.
Now that Hubert de Vevey's monumental Généalogies des familles fribourgeoises, a typescript running to over 6,000 pages, has become available on the internet at the http://doc.rero.ch web site, we are in a better position to locate more citations of Aymonet de Torculari. Some of them give even more diverse spellings. In the dossier about the Englisberg family, we found the following notices:
1506: Dietrich Denglisperg, chevalier, conseiller, lieutenant de l'avoyer Petermann de Foucignier, fait savoir à Aymé de Bruyt [=du Truyt!], commissaire de Payerne, que Frère Nicolas, du Convent des Augustins de Fribourg, n'ayant pas reçu dudit Aymé et de sa femme 4 Ib.frib. de cens dû à la S.André apôtre passé, il a été vendu à Anthoine de Pré, sautier, par la main de Hans Pajroux, sautier juré de Fribourg, la maison de Pierre Faucon, avoyer de Morat, beau-fils dudit Aymé, maison sur laquelle ce cens était assigné, 8.III.1506 (a.Nativ.) (AEF: Reg.Not. 109, non paginé)
1513: Dietrich Denglisperg, chevalier, avoyer de Fribourg, mande à vénérable D. Anthoine Mayor, curé d'Orsonnens, et à Pierre Mayor, frères, bgs. de Fribourg, que Aymo de Torculari, commissaire de Payerne, a fait vendre un gage, soit une maison sise à Fribourg, et ce ensuite de cens non payés, 27.I.1513 (a. Nativ.) (AEF: Reg.Not. 109, non paginé, et Reg.Not. 112, fol.193v.)
In the dossier for the Falck family we find:
1482: Perronete. veuve de Berard Faulcon, à présent femme d'Aymon de Torculari, recteur des écoles françaises de Fribourg, vend en pur, libre et franc allau au Convent des Augustins de Fribourg, un cens de 8 lb.de monnaie coursable à Fribourg, pour le prix de 160 lb.de même monnaie; le droit perpetuel de rachat est accordé; 2.XII.1482 (AEF: Reg. Not. 66, fol. 388)
1513: Perronete Bovet ffeu Pierre, de Payerne, épouse de discret Aymon de Torculari, clerc et commissaire de 1'Abbaye de Payerne fait son testament; elle institue héritiers Jehan et Pierre Faucon ses fils ainsi que Claire et Anthonie leurs soeurs, et Jaquete, Janne et Glaudie ses filles (ces 3 dernières sont certainement filles du second mariage avec Aymon de Torculari), 16.VI.1513 ( AEF: Hôpital II, 246)
(In this dossier, we found several citations where Perronete was called Jehannete. This may be nothing more than a misreading of the original documents. Also, some genuine references to Aymo de Torculari are not found in the electronic text search because of difficulties with the OCR technology, words split at the end of a line, etc.)
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|--Aimé (Aymo, Aymonet) DUTRUICT
| (1460 - 1513)
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