little after speaking of the great Priviledges granted by the Kings of England to the Inhabitants of these Islands he adds These Priviledges and Immunities seconded of late days with the more powerfull Band of Religion have been a Principal occasion of that Constancy wherewith they have persisted faithfully in their Allegiance and disclaimed even the very name and thought of France For howsoever the Language which they speak is French and that in their Original they either were of Normandy or Bretagne yet can they with no Patience endure to be accounted French c. Thus far Dr. Heylin But a Native of these Islands being much fitter to give the World a full and exact Account of them than one that had but a Transient view of them and that wrote but on the Information of others that Task was some years since undertaken by Mr. Poingdestre a Gentleman of JERSEY lately Deceased one of the Jurats of the Royal Court of that Island and one admirably accomplished for such a Design For besides that he was a Person of universal Learning he came to it with this peculiar advantage that he had an accurate Insight into the Laws Customs and Priviledges of this Island and had made such a Collection of Antiquities relating thereunto as well from Printed Books as from Original Papers and Records especially those of the Tower and Exchequer to which he had easie Access in the time of his Attendance on the Court during the Reign of King Charles I. that I believe few things worthy of Observation escaped his Sedulity and Enquiry The Book was long since ready for the Press but has never appeared otherwise than in private hands for what reason I cannot certainly tell It was my good Fortune to procure a Transcript of it in the time of the Author who was my Neighbour and my singular good Friend to which his Son has since added a Supplement of other usefull Manuscripts found among his Father's Papers with full Power to Publish them as my Own But I am not so vain as to Arrogate to my self the Praise due to another Man's Labours Therefore I do freely acknowledge that in the present Work I do but write after that excellent Man's Copy And tho' I allow my self the Liberty of altering his Method supplying his Omissions and leaving out or but slightly glancing at some things which he more largely insisted on and in a word making such Changes in the whole as that to any One that considers both they may appear to have been different Designs yet still I must own that the Foundation on which I build is His and a great Part of the Materials employed in this Work are His also I have likewise received some help from those imperfect Notes which Philip Dumaresq Esquire Seigneur of Samares another of the Magistrates of JERSEY and a very ingenious and inquisitive Person imparted to me some time before his Decease He had begun a Survey of this Island and had made a good Progress in it but Death gave him not leave to finish it Let none despise this Work because it Treats of a Country of so narrow an Extent and that makes so little noise in the World For as the Power and Wisdom of God are no less seen in the Production of the smallest Insects than of the more glorious Parts of the Creation so his Providence is no less to be admired in the Preservation of the smallest States than of the greatest Empires of the Vniverse Indeed it must be a Matter of Astonishment to any considering Man that in the space of almost Eight hundred years wherein strange Vicissitudes have happened in the most powerfull Monarchies scarce any sensible Change has been felt in this Island unless it be that of Religion which God be thanked we have no reason to be sorry for But if ever the mighty hand of God was seen in any thing 't is in that wonderfull Deliverance he has wrought for Vs throughout the Succession of so many Ages from a Formidable Enemy that lies in a Manner contiguous to Vs and which in that long Period of Years has neglected few Opportunities of increasing its Dominions and dilating on every side its Frontiers Every one that reads this knows I mean the French to whom the slightest Pretence has been always Ground enough to invade their Neighbours and who could have wanted none such to invade Vs oftner than they have done had not the same God that stills the Raging of the Sea and bids it go thus far and no farther set a Bound to their Vsurpations and Encroachments on this Side What vast Acquisitions have they not made in those Eight Hundred Years How many Battels have they fought And how many Victories have they won They have reduced those goodly Provinces which were once part of the Ancient Gaul but had been erected into distinct Soveraignties which are now reunited to that Crown As Bretagne Provence Dauphiné Burgundy Lorraine and others They have regained those which the English with so much Glory and at the Expence of so much Blood had won from them heretofore or which were the old and undoubted Patrimony of our Kings or had been acquired by Alliances and Marriages with the Heiresses of those Provinces as Normandy Poitou Anjou Maine and Aquitaine They have pierced through the Pyrenées and the Alps and carried their Arms into the Bowels of Italy They have passed the Meuse and the Rhine and made their Cannon to be heard in Brussels and Amsterdam They have improved their Navigation to a Degree as strikes a Terrour into other Nations and they who once knew little beyond their own Coasts cover now the Ocean with Mighty Fleets and have enlarged their Empire beyond some of the remotest Seas And yet these very Men that used to be attended with such wonderfull Success have been always defeated in their Attempts on this Island as if that small and narrow Current that divides our Shore from their Continent had by some secret Order of Heaven been decreed to be a Stop to their Conquests which on all other Sides have forced the strongest Barrieres of Nature and whose swift Progress neither Hills nor Rivers nor Seas have been able to obstruct I think every one that owns the Providence of God in the Care and Government of the World must acknowledge something Extraordinary in this and must give him the Honour and Glory of our Deliverance 'T is indeed a singular Mercy of God that in all this time we have not been swallowed up by a Power that has oppressed so many States of Europe and those much more powerfull and at a greater Distance than We. For besides the Loss of our Civil Liberties and falling under a Yoke so uneasie to all that bear it what could we expect but the Loss also of what is infinitely more Valuable to Vs viz. Our Holy Religion and a deep Share in those horrid Persecutions that have laid Wast a most flourishing Church and have forced
Daughter of the Queen of Castile who was Sister of Richard I. and K. John that to compound the matter he was forced to quit his Title to Normandy but never made any Cession of these Islands On the contrary he had so tender a regard to their Safety that he issued forth his Royal Mandate to the Barons of the Cinque Ports commanding them when-ever these Islands were attack'd and upon Notice thereof from the Warden or Governor to hasten to their Succour And the reason the King gives for this extraordinary Care of them is very remarkable ità quod Dominus Rex eos viz. Insulanos meritò debet commendare cum gratiarum Actione i. e. for that the King in Justice owes them Commendation and thanks for their Loyalty and good Service In the 2d Year of this King Philip de Aubigny Lord or Governour of these Islands obtained a great Naval Victory over the French who were going over into England with Supplies to Prince Lewis In the time of K. EDWARDI Son of Henry III the French enraged to see themselves Masters of the rest of Normandy and not of these Islands made a fresh Assault on them but with no better Success than before There is still to be seen in Ancient Records the Provision that was made by Order from the King for the Widows and Orphans of such of the Inhabitants as were slain in the Repulse they gave to the Enemy with Gratifications to others that had signalized themselves or sustained any considerable Loss on that Occasion Which Gratifications were among others extended to some of the Clergy who in these Islands have always been Examples to others of Zeal and Affection to the English Government I shall pass over the Reign of EDWARD II and come to that of EDWARD III wherein some things more memorable occurr concerning these Islands in relation to the French No sooner did K. Edward III proclaim his Title to France and thereupon a War ensued betwixt him and Philip de Valois but the French to make a Diversion invaded these Islands again Hugh Queriel Admiral of France made a Descent upon Guernezey An. 1339 laid siege to Castle Cornet took it and held it 3 Years The Loss of that Island did but minister an Occasion to the Inhabitants of JERSEY to shew their Fidelity to the Crown of England They raised a Contribution of 6400 Marks which was a great Summ in those Days for so small an Island for the Recovery of Guernezey and upon the Approach of the English Fleet under command of Reynold of Cobham and Geffrey de Harcourt who were sailing into Normandy with Recruits for the King and in their way were ordered to attempt the Reduction of Guernezey went out joyned the Fleet and assisted the English in retaking both the Island and Castle of Guernezey Many JERSEY-Men of Note losing honourably their Lives upon that Occasion as the Seigneurs de Vinchelez de Matravers des Augrez de Garris de La Hougue Lempriere and other Leaders named for their special Service besides private Adventurers Not long after Alain le Breton a famous Sea rover infested both Islands especially Guernezey though rather in the way of Piracy than of down-right Invasion Of him it is that Guillelmus Brito an Ancient Poet speaks in his Philippidos Et qui rostratis Navibus secat aequor Alanus Piratas secum assumat quibus utitur ipse Cum Grenesim rebus juvat expoliare So many repeated Hostilities of the French against these Islands had awakened the Parliament in England and had produced a Resolution still extant upon Record to move the King to set out his Fleet and provide for the Defence of the Isles of JERSEY and Guernezey Anno 1354 an Interview was agreed on betwixt K. Edward and the King of Navarre who was then fallen off from the French and the Place pitched upon by both Kings for that Interview was the Isle of JERSEY Accordingly K. Edward sets out from the Thames towards JERSEY with a Royal Navy but by contrary Winds was put back to Portsmouth where understanding that the King of Navarre had reconciled himself to the French and declined the Meeting he sailed to Calais and we lost the honour we should have received from the Presence of those two Great Kings and the Splendor of their Courts amongst Us. While the Victorious Edward pursued his Conquests and dyed the Fields of Cressy and Poitiers with the best Blood of France these Islands were safe under the Protection and Shade of his Lawrels But when in the declining time of that great King and after the Death of his Son the Noble Prince Edward commonly called the Black Prince the Fortune of the English in France began to forsake them these Islands were exposed to greater Danger than before In the Year 1372. Evans the pretended Prince of Wales sailing from Barfleur in Normandy with a Fleet of French Ships Landed in Guernezey but finding greater Resistance from the Castle than he expected gave over the Design and departed out of the Island Four Years after the two Admirals of France and Castile attacqued the same Island The French ransomed it for a Summ of Money but the Castillan returning carried away all he could The Strength and brave Defence of the Castle being still the Preservation of the Island and a means to keep it in the Possession of the English Nor was JERSEY less exposed to these Insults than Guernezey Anno 1374 three Years before K. Edward died Bertrand du Guesclin Constable of France famous for his many Victories over the English in that unlucky Turn of their Affairs in France at the Head of an Army of above 10000 Men wherein were the Duke of Bourbon and the Flower of the French Chivalry passed suddenly from Bretagne into JERSEY and encamped before Gouray Castle the same that is now called Mont-Orgueil into which the Principal Persons of the Island had retired upon landing of the French The Siege lasted some Months and was carried on with great Bravery on both Sides That Fortress being as valiantly defended by those within as it was vigorously assaulted by those without After many violent Attacks the Constable withdrew leaving many of his best Men slain under the Walls This was almost the only Place which in that general Defection from the English withstood the Arms of that fortunate and renowned Commander There had been before this a Treaty wherein the King had laid down his Claim to Normandy but being deeply sensible of the Importance of these Islands and much pleased with that constant Fidelity they had always expressed to him he caused an especial Clause to be inserted in the Treaty that those Islands which he possessed on the Coast of France should remain his as before I find little Action relating to these Islands in the time of RICHARD II Son of the Black Prince nor much in that of HENRY IV. This only
excepted viz. that Penhouet Admiral of Bretagne having worsted the English in a Sea-sight pursued his advantage and entred the Isles of JERSEY and Guernezey which he plundered but durst not sit down before the Castles This happened An. 1404. HENRY V was no sooner on the Throne but he renewed the Claim to France and with much Glory recovered all that had been lost since the Death of the Black Prince with considerable Accessions That brave and warlike King knowing the advantageous Situation of these Islands made great use of them in the Prosecution of the War He added much to the beauty and strength of Gouray Castle in JERSEY gave it the proud Name of Mont-Orgueil which it bears this day made it a place of Arms and one of his chief Magazines of War and resolved so far as Art could do it to render it impregnable This strong Castle fell nevertheless into the hands of the French in the latter end of the weak Reign of King HENRY VI. which happened thus During the Contestation betwixt that unfortunate Prince and Edward IV for the Crown a French NObleman named Peter de Brezè Count de Maulevrier raised Forces in France and brought them with him into England to support the Title of Henry against that of Edward He had before contracted with Queen Margaret Wife of Henry who was a French Woman and had called in the Count to the Assistance of her Husband that in consideration of so important a Service the Islands of JERSEY Guernezey Alderney and Serk should be made over to him to hold them for himself and his Heirs for ever independently from the Crown of England The Bargain being struck the Count sends one Surdeval to seize upon Mont-Orgueil Castle in JERSEY The French coming in the Night got into the Castle by surprize or as others think by the connivence and Treachery of the English Commander who being a creature of the Queen had secret Orders to deliver it up The Count himself came some time after into this Island and tho' he shewed all imaginable kindness to the Inhabitants inviting them by the offer of many large Grants and Priviledges to acknowledge him and renounce their Allegiance to England he could never prevail on the Inclinations of a People who were inraged to see themselves sold to the French a Nation which they hated insomuch that in about Six years time he could never make himself Master of above half the Island Philip de Carteret Seigneur of S. Oüen maintaining the King of England's Authority in the other half during which time frequent Skirmishes happened betwixt both Parties In this State things remained till the Death of Henry VI. and the quiet Possession of the Throne by EDWARD IV. For then Sir Richard Harliston Vice-Admiral of England coming to Guernezey with a Squadron of the King's Ships Philip de Carteret sent to him for Succour They agreed that while the English Fleet blockt up Mont-Orgueil Castle by Sea the Islanders should besiege it by Land The Castle was reduced by Famine and the French were once more driven quite out of the Island The Islanders got much Honour by this Siege and had thereupon a new Charter granted them with special mention of their good Service on this occasion and the said good Service hath ever since been inserted in all our Charters to this Day in perpetuam rei Memoriam So many ill Successes one after another made the French lay aside for a-while the thoughts of these Islands so that we hear no more of them under the Reigns of EDWARDV RICHARDIII HENRY VII and HENRY VIII But I must not omit to mention the Coming of Henry VII to JERSEY in this Interval He was then only Earl of Richmond and fled from the Cruelty and Tyranny of Richard Whether out of Design or forced by contrary Winds in his Passage into Bretagne he put into this Island where he lay concealed till he found an Opportunity to get over Being a wise and discerning Prince he observed some Defects in our Constitution which he amended when he came to the Crown enlarging our Charter and enacting several Ordinances for the better Government of this Island A War breaking out betwixt our King EDWARD VI and Henry II. of France the French re-assumed their former Thoughts of bringing these Islands under their Subjection flattering themselves with greater hopes of Success than ever from the Minority of that King and the Troubles with which his Government was then perplexed In the Year 1549 they set a Fleet out from St. Malo's a Town the ill effects of whose neighbourhood we have often resented and seized on the little Isle of Sark which was then Un-inhabited where they planted Colonies and built Forts That Island is seated in the Middle and Center of the rest which made the French believe that by securing that they would with continual Alarms and Incursions so harrass the others that they would not long hold out against them They began with Guernezey where they set upon a Fleet of English Ships which were at Anchor in the Road before the Town Most of the Captains and Officers were ashore asleep in their Beds which gave the French some advantage in the beginning of the Fight But the whole Town being awakened with the noise of the Canon and the Ships soon mann'd the Fight was maintained and the French repulsed From thence they sailed to JERSEY and landed at Bouley-Bay in the North of the Island but through the Courage and Bravery of the Islanders were beaten back to their Ships many being kill'd and wounded on both Sides Among the Slain on our side was found a Popish Priest of this Island whose Love to the English Government and the Liberties of his Country prevailing above the Discontents which the Change of Religion that was made in that Reign wrought on Men of his Order made him appear that day in the foremost Ranks An Example to be recommended to those of that Perswasion in England who out of an unjust Aversion to the present Establishment would call in the French and subject their native Country to a Foreign Power The poor JERSEY-Priest was much the honester Man and the better Patriot Queen MARY's Reign has been thought inglorious for the Loss of Calais taken by the French after the English had possessed it above 200 Years It was nevertheless in the Time of this Queen that the Isle of Sark was retaken from the French though I cannot say the Recovery of so small an Island countervails the Loss of a Town that was one of the Keys of France The French Colony in that Island was grown very thin The solitariness of the Place and the want of Necessaries but chiefly the ill Prospect of their Affairs and their Despondency of ever becoming Masters of the other Islands causing many of them to desert and return into France so that few able to bear Arms were left for the Defence of the
Convoy Which brought so great an Interruption to Trade and Charge to the Nation that it was then understood of what Consequence the keeping of these Islands is to England and a Resolution was taken to spare no Cost for the Reduction of JERSEY This is an example which methinks should never be forgotten and I purposely insist thereon to shew what a fatal Error it would be to suffer the French to possess themselves of these Islands seated as they are in the Channel where instead of their own shallow Bays and Creeks they would find good Roads and safe Harbours if not for their greatest Fleets at least for their Pyracies While matters stood thus in England Prince Charles who was afterwards King Charles II came to JERSEY where he was received with a Joy equal to the Honour we received from his Presence amongst Us tho' even this was not without a great mixture of Sorrow for the Detention of his Royal Father who was then close Prisoner in Hurst Castle a most unhealthy place seated on a Point of Land that shoots far into the Sea destitute of fresh water and annoyed with the Salt and stinking Vapours that arise out of the neighbouring Marshes and for that very reason probably made choice of by the infamous Regicides to weary the good King out of his Life whom they were resolved one way or other to remove out of the World A Project was formed by some of our Loyal Islanders to rescue the afflicted King out of his Captivity and to bring him to JERSEY where the Prince then was The King was priviâ—y acquainted with the Design and was pleased to Consent to his removal to JERSEY But when the thing came to be executed it was unhappily defeated by the vigilancy of his Majesty's Keepers or rather by an unsearchable Providence which had decreed to make of that best of Kings the greatest Example of injured and oppressed Innocence that has been in the World since our blessed Saviour It is nevertheless no small satisfaction to Us that while too many others of his Majesty's Subjects looked unconcerned on his unparallel'd Sufferings we did our honest endeavours for the Preservation of his sacred Life so that at whosesoever door the Guilt of that Blood may lie we of this Island have blessed be God no otherwise contributed to the shedding of it than by our sins in general which added to the heap of the sins of the Nation drew down that heavy Judgment on Us all After the barbarous Murder of that blessed King his Son the undoubted Heir of all his Dominions was immediately Proclaimed and his Title recognized in JERSEY His Majesty was pleased once again to make some residence amongst Us. He came the Second time to JERSEY attended by his Royal Brother the Duke of York and several of the Loyal Nobility that adhered to him in his Exile Neither must I omit a very singular Honour which his Majesty did our little Island during his abode there He himself took a Survey of it and being well skilled in the Mathematicks did with his own Royal hand draw a Map of it so accurately done that to this day it is carefully preserved among a Collection of other noble Curiosities of Art and Nature in the Heer Van Adlershelm's famous Cabinet at Leipsich in Germany where it is seen by Travellers About this time Charles Fort was built which is an Out-work to Elizabeth Castle that commands the entrance and approach to it on the Land-side His Majesty being invited to a Treaty with the Scots he left JERSEY again but so highly satisfied with those many Demonstrations of duty and affection which in his greatest Distress he had received from the Islanders that while he lived he was pleased to retain a gratefull and a generous Sense of them The Treaty with the Scots went on successfully The King was Crown'd at Scoone Jan. 1. 1650 and soon after came into England at the head of a Royal Army to dispute his Right with the Usurpers of his Kingdoms The two Armies encountred at Worcester Sept. 3. 1651 where it pleased God again to give the Rebels such Success that the King not only lost the day but was forced to abscond with great danger of his Person till he found a passage into France where he Landed the 22d of October following In the mean while the Parliament in England was making great Preparations for the Reduction of JERSEY being strangely alarmed at the taking of so many of their Vessels by the Privateers of this Island who continued to annoy the Channel and were grown so bold that they would set upon English Ships in the very Harbours A Fleet of about Eighty Sails increased afterwards to a greater Number was set out for that Expedition under command of Admiral Blake while Major General Hains headed the Forces designed for the Descent The Fleet appeared in sight of the Island October 20. 1651. and the same day came to an Anchor in St. Oüen's Bay The Bay lies open to a Westerly wind which blows in so violently the greatest part of the Year and rolls in such a Sea that 't is very unsafe for Shipping But the same unaccountable Success that used to attend the Rebels in other places attended them here All the time they lay in this Bay they had so smooth a Sea that in the Memory of man the like had not been known at that Season of the year Which was no small Discouragement to our People who thought it in vain to sight against men that seemed to have the very Winds and Seas to sight for them But that indeed which quite dispirited them was the unhappy News they received at that time of the King's defeat at Worcester which came accompanied with a Report tho' false of his being taken in endeavouring to escape This brought such a Consternation amongst them and so sunk their Courage that they who at another time would have most gladly sacrificed their Lives to promote his Majesty's Affairs were ready to have laid down their Arms had not the extraordinary Conduct and Gallantry of their Governor Sir George de Carteret brought them on to fight The first day and the night following nothing was attempted by the Enemy The next day Octob. 21. early in the Morning their Cannon began to play which was answered by several little Forts and Redoubts in the Bay and by twenty four Brass-Field-Pieces which attend the Militia upon occasion Some of the lesser Frigats drew so near the Shore that they made use of their Small-shot which was answered with equal Bravery by our Men who wading into the very water fired briskly upon the Enemies calling them Rebels and Traitors and Murderers of their King The Battery lasted Four hours after which the whole Fleet drew off and went to St. Brelard's Bay distant about a League from that of S. Oüen where being all come to an Anchor they sent back a Squadron to St. Oüen the place where
I shall begin with that of Edward III who had a particular kindness for this Island and as was said before made great use of it in his Wars with France EDOARDUS Dei Gratiâ Rex Angliae Franciae ac Dominus Hiberniae Omnibus ad quos Praesentes Litterae pervenerint Salutem Sciatis quod Nos gratâ memoriâ recensentes quà m constanter magnanimiter dilecti fideles Homines Insularum Nostrarum de JERESEY Guerneseye Sark Aureney in Fidelitate nostrâ Progenitorum nostrorum Regum Angliae semper hactenùs perstiterunt quanta pro Salvatione dictarum Insularum nostrorum Conservatione Jurium Honoris ibidem sustinuerunt tà m Pericula Corporum quà m suarum dispendia Facultatum ac proinde volentes ipsos favore prosequi gratioso Concessimus c. I shall next mention that of Edward IV in whose time the Inhabitants did that good Service in recovering Mont-Orgueil Castle from the French who had surprized it EDOARDUS Dei Gratiâ Rex Angliae Franciae Dominus Hiberniae Omnibus ad quos Praesentes Litterae pervenerint Salutem Cùm Nobilissimus Progenitor noster inclytae Memoriae Richardus quondam Rex Angliae Franciae Dominus Hiberniae post Conquestam Secundus per Literas suas Patentes datas apud Westmonasterium octavo die Julii anno Regni sui decimo octavo in consideratione benigestûs magnae Fidelitatis quos in Ligeis Fidelibus suis Gentibus Communitatibus Insularum suarum de JERESEY Guerneseye Sark Aureney indiès invenit de gratiâ suâ speciali concessit pro se haeredibus suis quantùm in eo fuit eisdem Gentibus Communitatibus suis quod ipsi successores sui in perpetuùm forent liberi quieti in Omnibus Civitatibus villis Mercatoriis Portibus infrà Regnum nostrum Angliae de omnimodis Theloniis Exactionibus Custumis taliter eodem modo quo Fideles Ligei sui in sao Regno praedicto extiterunt ità tamen quoddictae Gentes Communitates suae haeredes successores sui praedicti benè fideliter se gererent ergà ipsum Progenitorem nostrum haeredes successores suos in perpetuùm prout in Literis illis plenius continetur Nos continuam Fidelitatem Gentis Communitatis dictae Insulae de JERESEY pleniùs intendentes Literas praedictas omnia singula in eis contenta quoad Gentem Communitatem ejusdem Insulae de JERESEY acceptamus approbamus eidem Genti Communitati haeredibus successoribus suis per Praesentes ratificamus Confirmamus Et ulteriùs Nos Memoriae reducentes quam validè viriliter constanter dictae Gens Communitas ejusdem Insulae de JERESEY nobis Progenitoribus nostris perstiterunt quanta Pericula Perdita pro Salvatione ejusdem Insulae Reductione Castri nostri de Mont-Orgueil sustinuerunt de Vberiori gratiâ nostrâ Concessimus c. Queen Elizabeth's Charter begins thus ELIZABETH Dei Gratiâ c. Quùm Dilecti Fideles Ligei Subditi nostri Ballivus Jurati Insulae nostrae de JERESEY ac caeteri Incolae Habitatores ipsius Insulae infrà Ducatum nostrum Normanniae Predecessores eorum à tempore cujus contrarii Memoria hominum non existit per speciales Chartas Concessiones Confirmationes Amplissima Diplomata illustrium Progenitorum ac Antecessorum Nostrorum tà m Regum Angliae quà m Ducum Normanniae ac aliorum quamplurimis Juribus Jurisdictionibus Privilegiis Immunitatibus Libertatibus Franchisiis liberè quietè inviolabiliter usi freti and gravisi fuerunt tà m infrà Regnum nostrum Angliae quà m alibi infrà Dominia Loca Ditioni nostrae subjecta ultrà citráque Mare quorum ope beneficio Insulae praenominatae ac Loca Maritima praedicta in fide obedientiâ servitio tam Nostri quà m corundem Progenitorum nostrorum constanter fideliter inculpatè perstiterunt perseveraverunt liberaque Commercia cum Mercatoribus aliis Indigenis ac Alienigenis tà m Pacis quà m Belli Temporibus habuerunt exercuerunt c. Quae omnia singula cujus quanti Momentisint fuerunt ad Tutelam Conservationem Insularum Locorum Maritimorum praedictorum in Fide Obedientiâ Coronae nostrae Angliae Nos ut aequum est perpendentes Neque non immemores quam fortiter fideliter Insularii praedicti ac caeteri Incolae Habitatores ibidem Nobis Progenitoribus nostris inservierunt quantaque Detrimenta Damna Pericula tà m pro assiduâ Tuitione ejusdem Insulae Loci quà m pro recuperatione Defensione Castri nostri de Mont Orgueil infrà praedictam Insulam nostram de JERESEY sustinuerunt indiésque sustinent non solâ—m ut Regia nostra Benevolentia favor affectus ergà praefatos Insularios illustri aliquo nostrae Beneficentiae Testimonio ac certis indiciis comprobetur verum etià m ut ipsi eorum Posteri deinceps in perpetuùm prout antea solitam debitam Obedientiam erga Nos haeredes successores nostros teneant inviolabiliter observent has Litteras nostras Patentes Magno Sigillo Angliae roboratas in formâ quae sequitur illis concedere dignati sumus Sciatis c. Here followeth the Preamble of a Commission under the Great Seal directed to Sir Robert Gardiner and Dr. James Hussey who were sent to JERSEY in the time of King James I with the Character of Commissioners Royal upon an extraordinary occasion JAMES by the Grace of God King of England c. To Our trusty and well-beloved Sir Robert Gardiner Knight and James Hussey Doctor of the Civil Law and one of the Masters of Our Court of Chancery Greeting Whereas in Our Princely Care and earnest desire for the Establishment and maintenance of Justice and for the security and wealth of our Subjects generally in all Our Realms and Dominions We have been very mindful of the good Estate of Our loving Subjects the Inhabitants of Our Isles of JERSEY and Guernezey and other their Dependances a Portion remaining as yet unto Vs in possession of Our ancient Dukedom of Normandy and have been and are the rather moved thereunto both for their intire and inviolate Fidelity born by them towards Vs and Our Predecessors Kings and Queens of this Realm of England testified and declared by many their Worthy and acceptable Services towards this Our said Crown and also in respect of their Situation furthest remote from the rest of Our said Dominions and for that cause needing Our special Care and Regard to be had of them being thereby exposed to danger of an Invasion or Incursion of Foreign Enemies And whereas We are informed c. For these Causes know therefore that We have nominated You to be Our Commissioners c. I shall only add this notable Passage of that great Oracle of the English Law the Lord Chief Justice Coke The Isles
of JERSEY and Garnsey did of ancient time belong to the Dutchy of Normandy but when King Henry I. had overthrown his elder Brother Robert Duke of Normandy he did unite to the Kingdom of England perpetually the Dutchy of Normandy together with these Isles And albeit King John lost the Possession of Normandy and King Henry III. took Money for it yet the Inhabitants of these Isles with great Constancy remained and so to this day do remain true and faithful to the Crown of England AND THE POSSESION OF THESE ISLANDS BEING PARCEL OF THE DVTCHY OF NORMANDY ARE A GOOD SEISIN FOR THE KING OF ENGLAND OF THE WHOLE DVTCHY CHAP. II. Description of the Island THE Island of JERSEY is seated in the Bay of St. Michael betwixt Cap de la Hague and Cap Forhelles the first in Normandy the last in Bretagne both which Promontories may be seen from thence in a clear Day The nearest Shore is that of Normandy to which the Cut is so short that Churches and Houses may be easily discerned from either Coast It lies according to Mr. Samarâ—s his new Survey in 49 Deg. and 25 Min. of Northern Latitude which I take to be right enough But when he gives it but 11 Deg. and 30 Min. of Longitude I cannot conceive where he fixes his first Meridian For to say nothing of the Isles of Azores or those of Cap Verd which are at a much greater Distance if he takes it with Sanson and the French Geographers from the Isle of Feró the most Western of the Canaries it must be a great deal more than he says viz. 18 Deg. at the least Or if he takes it even from Tenarif which according to the best and latest Observations is 18 Deg. from London still the Longitude of JERSEY cannot be less than 15 Deg. 30 Min. It seems to me to have near the same Longitude as Bristol in England In Length it exceeds not 12 Miles The Breadth where it is broadest is betwixt 6 and 7. The Figure resembleth somewhat an Oblong long Parallelogram the longest Sides whereof are the North and South the narrowest are the East and West The North Side is a continued Hill or ridge of Cliffs which are sometimes 50 Fathoms high from the Water and render the Island generally unaccessible on that Side The South side is much lower and in some Places level as it were with the Sea I cannot better compare it than to a Wedge or to a Triangle Right-angle the Basis whereof may be supposed to be the Sea the Cathetus those high and craggy Cliffs which it hath on the North and the Hypothenusa the Surface of the Island which declines and falls gently from North to South according to the following Diagram JERSEY It receives two great Benefits from this Situation The First is that those Rivulets for I cannot call them Rivers with which this Island abounds do by this means run further and receive a greater Increase and Accession of Waters whereby they become strong enough to turn betwixt 30 and 40 Mills that supply the whole Country than they would do should the Island rise in the middle and all the Streams by an equal Course descend on every side to the Sea This Consideration would be of no great Moment to a larger Country but is of unexpressible Use and Advantage to so small an Island The Second Benefit which we receive from this Situation is that by this Declivity of the Land from N to S the Beams of the Sun fall more directly and perpendicularly thereon than if either the Surface was level and Parallel to the Sea or which is worse declined from S to N as it doth in Guernezey For there by an odd opposition to JERSEY the Land is high on the S and low on the N which causes if I may so speak a double Obliquity the one from the Position of the Sun it self especially in time of the Winter Solstice the other from the Situation of the Land and is probably the Reason of the great Difference observed in the Qualities of Soil and Air in both Islands GUERNEZEY This Declivity of JERSEY is not a smooth and even Declivity as some may 't think The Surface is extremely broken and unequal rising and falling almost perpetually For as on the N it is an entire Hill with few and short Vales so on the S SE and SW it is cut into sundry fruitfull Valleys narrow at the Beginning but growing wider as they draw still nearer and nearer to the Sea where they end in several Flats of good Meadows and Pastures Mr. Poingdestre thought that this Unevenness and Inequality of the Surface added much to the Quantity and Proportion of the ground and that the Island was so much the more Capacious and Productive by how much the more the Surface was expanded rising with the Hills and descending with the Valleys But herein I must take the Liberty to depart from so great a Man It being demonstrable that a Country that is exactly level will contain as many Houses and Inhabitants will produce as many Trees Plants c. as another Country whose Surface is as uneven and unequal as can be but whose Basis or Plane is equal to the other Therefore the true Dimension of any Country is not to be taken from those Gibbosities that swell the Surface in one Place or those Profundities that depress it in another but from the true Basis or Plane of that Country The Nature of the Mould and Soil admits great Variety which proceeds from this Difference of higher and lower Grounds The higher Grounds are gritty gravelly and some stony and rocky but others are Excellently good The Lower are deep heavy and rich Those near the Sea are light and sandy yet not equally so in all Places But generally there is little barren Ground in the whole Island almost none that is not capable of receiving some profitable Culture and recompensing one way or other the Pains of the Labouring Husbandman We must except a large Tract of once Excellent Lands in the West of the Island which within these 200 Years have been so over-run with Sands that the Island on that side beareth the Image of a Desart This is said to have happened by Divine Vengeance on the Owners of those Lands for detaining the Goods of Strangers that had been shipwrackt on that Coast though injoyned by the highest Censures of the Church to restore them There must be from time to time such publick Examples of Divine Justice among Men that the Inhabitants of the Earth may learn Righteousness And yet I confess it may 't be also the Effect of a Cause not Preternatural I mean of those high Westerly winds that blow here almost at all Seasons of the Year and which on this side of the Island are daily seen to drive the Sands from the Bottom to the Top of the highest Cliffs The Island produces all Manner of
Ordered that he shall not use his Negative Voice but in such Points as shall concern Our special Interest the rather in regard that such Acts as are made in their Assembly are but Provisional Ordinances and have no Power or Property of Laws until they be confirmed by Vs The great Business of these Meetings is the raising of Mony to supply publick Occasions For as in England Mony cannot he raised upon the Subject but by Authority of Parliament so here 't is a received Maxim that no Levies can be made upon the Inhabitants but by their own Consent declared by their Representatives assembled in Common Council Nor have the States a Power of themselves to Create new Subsidies or Imposts but only upon extraordinary Emergencies when the common Safety and Defence of the Island requires it or Application must be made to the King by Persons sent over at the publick Charge to Levy what they judge sufficient for those Uses by fixed and equal Proportions according to the ancient Rate In these Assemblies Accounts of the publick Revenue and Expences are stated and Audited Differences arising about the Disposal and Administration of the Church-Treasuries are examined and determined Deputies are appointed to represent Our Grievances and sollicite Our Affairs at Court good and wholsom Ordinances against Profaners of the Lord's day Blasphermers of God's holy Name common Swearers and Drunkards and other riotous and disorderly Persons are made and enacted under severe Penalties And in a word all other Matters are transacted therein as are thought to conduce most to preserve the Honour and Reverence that is due to God and to Holy Things the Fidelity and Obedience we all owe to their Majesties and those that Act in Subordination to their Authority the Peace and Tranquility the Wellfare and Happiness of the whole Island And yet it must be confessed that most of these things are of the Competence and Jurisdiction of the Court but Our Magistrates think it Prudential to take the Advice and Council of these Assemblies considering wisely that their Concurrence must add a Force and Vigour to these and the like Sanctions I must not forget to observe that the Constables who make so considerable a Body in these Assemblies and are the true and proper Representatives of the People are Officers of better Account with us than they are in England They are generally Men of the best Qualifications in the respective Parishes for which they serve And the Office it self is so far above Contempt that 't is sought and Ambitioned by those whose Birth and Abilities add at the same time a Credit and a Reputation to it The Office is Triennial tho' some continue in it much longer and to those that discharge it with Honour it is a step to the Magistracy The following Scheme with the Explanatory Table here underneath will shew the manner of sitting in these Assemblies A The Governor or his Deputy B The Bailly or his Lieutenant C C C C c. The XII Jurats D D D D c. The Dean and Ministers E Their Majesties Procurator F Their Majesties Advocate G The Viscount H H H H c. The XII Constables I The Gressier K One of the Denunciators attending L The Vsher of the Court. M The Table N A large Silver gilt Mace carried before the Bailly and Jurats O The Vestibulum The States of the Isle of JERSEY CHAP. VII Priviledges Few Places can boast of greater Priviledges than this Island The Reasons alledged in the Preambles of Our Charters as the Motives inducing Our Kings to grant Us these Priviledges are especially these Three 1. To reward Our Loyalty and Fidelity to the Crown of England We have merited these Priviledges by Our good Services 2. To engage Us to be Loyal and Faithfull still We can have no Temptation while we enjoy these Priviledges to change Our Masters 3. To make Our Condition easie and comfortable which under the Circumstances and Disadvantages of Our Situation would otherwise be most intolerable There would be no living in this Island for English Subjects without great Freedoms and Immunities Which few would envy if they knew at what price we purchase them Our want of Records beyond the Time of King John will not let Us know what were Our Priviledges under Our more ancient Dukes and Kings his Predecessors From him therefore we must date the Aera of Our Liberties and Franchises And forasmuch as his Constitutions are the Ground and Foundation of all Our Subsequent Charters I shall set them down here at large as they are found among the Records of that King's Reign in the Tower of London under this Title Inquisitio facta de Servitiis Consuetudinibus Libertatibus Insul de GERESE Guernese Legibus Constitutis in Insulis per Dominum Johannem Regem per Sacramentum Roberti Blondel Radulphi Burnel c. qui dicunt c. Then follows Constitutiones Provisiones Constitutae per Dominum Johannem Regem postquam Normannia alienata fuit Imprimis Constituit Duodecim Coronatores Juratos ad Placita Jura ad Coronam spectantia Custodienda II. Constituit etiam concessit pro Securitate Insularium quod Ballivus de coetero per Visum Dictorum Coronatorum poterit Placitare absque Brevi de nova Disseisinâ factâ infrà annum de morte Antecessorum infrà annum de Dote similiter infrà Annum de Feodo invadiato semper de incumbreio Maritagii c. III. Ii debent eligi de Indigenis Insularum per Ministros Domini Regis Optimates Patriae scilicet post Mortem Vnius eorum alter fide dignus vel alio casu legitimo debet substitui IV. Electi debent jurare sine conditione ad manutenendum salvandum Jura Domini Regis Patriotarum V. Ipsi Duodecim in quâlibet Insulâ in Absentiâ Justiciariorum unà cum Justiciariis cùm ad Partes illas venerint debent Judicare de Omnibus Casibus in dictâ Insulâ qualitercunque Emergentibus exceptis Casibus nimis Arduis siquis Legitimè convictus fuerit à Fidelitate Domini Regis tanquà m Proditor recessisse vel manus injecisse violentas in Ministros Domini Regis modo á¸ebito Ossicium exercendo VI. Ipsi Duodecim debent Emendas sive Amerciamenta omnium praemissorum Taxare praedictis tamen Arduis Casibus exceptis aut aliis Casibus in quibus secundùm Consuetudinem Insularum merè spectat Redemptio pro Voluntate Domini Regis Curiae suae VII Si Dominus Rex velit certiorari de Recordo Placiti corà m Justiciariis ipsis Duodecim agitati Justiciarii cum ipsis Duodecim debent Recordum facere de Placitis agitatis corà m Ballivo ipsis Juratis in dictis Insulis ipsi debent Recordum facere conjunctim VIII Item Quod nullum Placitum infrà quamlibet dictarum Insularum coram quibuscunque Justiciariis inceptum debet extrà dictam Insulam adjornari
AN ACCOUNT Of the Isle of JERSEY This may be Printed Novemb. 28. 1693. EDWARD COOKE AN ACCOUNT Of the Isle of JERSEY The Greatest of those Islands that are now the only Remainder of the ENGLISH DOMINIONS IN FRANCE WITH A New and Accurate MAP of the Island By PHILIP FALLE M. A. Rector of St. SAVIOUR in the said Island and Chaplain in Ordinary to His Majesty At the Parliament holden at Westminster the Wednesday next after the Translation of St. Thomas the Martyr An. 14. Edw. III. Remembrances for the King c. To keep the Sea and to purvey for the Navy and to defend the Isles of JERESEY and Guernezey Sir Robert Cotton's Abridgment of the Records in the Tower of London fol. 29. n. 28. LONDON Printed for John Newton at the Three Pigeons over-against the Inner-Temple-Gate in Fleet-street 1694. TO THE KING SIR THe Design of this Book humbly laid at YOUR MAJESTY's Feet is to give some Account of an Island which tho' subject to Your Royal Predecessors upwards of Six hundred years and seated in the Channel is less known than some other of YOUR MAJESTY's Dominions and Islands that are latter Acquisitions and remov'd to a greater Distance The Knowledge of Us may be of some Use to YOUR MAJESTY's Service and may minister to some of those Great Ends of Providence for which God has rais'd You up and which are one day to be wrought by Your Means Ever since our Ancient DUKES exchang'd their Coronet for that Imperial Crown which YOUR MAJESTY now wears we have been noted for Our Fidelity to Our KINGS We Glory not in the Extent or Riches of Our Country which cannot be brought into Parallel with the meanest of those Provinces that constitute Your Great Empire but we Glory in Our Loyalty which we have kept unblemish'd to this Day What profound Veneration then must we now have for a Matchless Pair of Incomparable Princes whom God has given to these Nations in his Love That Heaven would preserve YOUR MAJESTY from the many Dangers to which You daily expose Your Sacred Person and crown with Success the Justice of Your Arms is the hearty Prayer of May it please YOUR MAJESTY YOUR MAJESTY's Most humble and most faithful Subject and Servant Philip Falle THE PREFACE THE Island of JERSEY with the Others adjacent is of that Importance to England and the Loss of it would be attended with Consequences so prejudicial to this Crown that 't is fit the Nation should understand the Interest it has in the Preservation of that Place which of all other Their Majesties Territories is by its Vicinity to France the most exposed to an Invasion from thence Therefore I presume it will not be so much wondered at that an Account should be given of it now as that none should have been given heretofore The only thing that has appeared in Print concerning this Island besides what is found scattered in Cambden and others is Dr. Heylin's Survey containing the Relation of a Voyage which he made to JERSEY and Guernzey in the Year 1628. We must own the Doctor 's candid and ingenuous dealing in the Report he gives of Vs tho' being a Stranger and sojourning but Six days in JERSEY he could not so throughly acquaint himself with our Constitution The want of a due Knowledge whereof has led him into some Errors not to mention the greater Defects of that Work For having written that Book only for the Vse of Archbishop Laud then Bishop of London and without any design of making it Publick as appears in that it was not Printed till after the Archbishop's Death viz. Anno. 1656 almost Thirty years after it was written 't is evident he aimed not so much at an Account of Vs as we are a Frontiere and a Garrison under which Notion we ought chiefly to be considered now as to lay before that great Prelate the State of Religion in these Islands in Order to bring them to a full Conformity to the Church of England The Presbyterian Government being then established in Three of them Guernzey Alderney and Serck However in the main we have reason to be satisfied with his undertaking and to applaud our selves in the Character he gives of Vs in relation to these great Points viz. Our constant Affection to the English Nation our just aversion to the French our inviolable Fidelity to the Crown to which we are Vnited and the great advantage these Islands are of to England for the security of the Channel These Islands says he are the only remainder of our Rights in Normandy unto which Dukedom they did once belong Ever since they were annexed unto the English Crown they have with great Testimony of Faith and Loyalty continued in that Subjection The Sentence or Arrest of Confiscation given by the Parliament of France against King John nor the surprizal of Normandy by the French Forces could be no perswasion unto them to change their Masters Nay when the French had twice seized on them during the Reign of that unhappy Prince and the State of England was embroyled at home the People valiantly made good their own and faithfully returned unto their first obedience In after-times as any War grew hot betwixt the English and the French these Islands were principally aimed at by the Enemy and sometimes also were attempted by them but with ill Success And certainly it could not but be an Eye-sore to the French to have these Islands within their Sight and not within their Power to see them at the least in possession of their ancient Enemy the English a Nation strong in shipping and likely by the opportunity of these Places to annoy their Trade For if we look upon them in their Situation we shall find them seated purposely for the Command and Empire of the Ocean The Islands lying in the chief Trade of all Shipping from the Eastern Parts unto the West and in the middle way between St. Malo's and the River Seine the only Traffick of the Normans and Parisians At this St. Malo's as at a common Empory do the Merchants of Spain and Paris barter their Commodities the Parisians making both their passage and return by these Isles which if well aided by a small Power from the King's Navy would quickly bring that Inter-course to nothing An opportunity neglected by Our former Kings in their Attempts upon that Nation as not being then so powerfull on the Seas as now they are but likely for the future to be husbanded to the best advantage if the French hereafter stir against Us. Sure I am that my Lord Danby conceived this Course of all others to be the fittest for the impoverishing if not undoing of the French and accordingly made Proposition by his Letters to the Council that a Squadron of Eight ships might be employed about these Islands for that purpose an Advice which had this Summer took effect had not the Peace betwixt both Realms been so suddenly concluded And a
the Province of Neustria corruptly so called for Westria Westenrick or West-France because seated on the most Western shore of the great Empire of the Franks which extended from the Sea to the Banks of the Danube as the more Eastern part was called Austria Oostenrick or East-France and with the rest of that great and rich Province was given to Rollo and his Normans Originally Danes and Norwegians who from their own Name called the said Province Normandy Given I say by Charles IV sirnamed the Simple King of France in the Year 912 From which time to this this Island never returned to that Crown as the rest of that Province hath since done tho' it was not added to the Crown of England till the Year 1066 when William sirnamed the Bastard and the sixth Duke of Neustria or Normandy from Rollo invading England and Conquering it transferred that Dukedom and with it this Island to the English Diadem By which account it appears that reckoning from this preset time 1693 it is not less than 781 years since this Island was dismembred from the Crown of France by the Donation of Charles the Simple that it hath been 154 years under the Descendants of Rollo while they continued Dukes of Normandy only and that 't is 627 years since 't is subject to the Kings of England This gives the Inhabitants of this Island the Preference in point of Antiquity to most others of Their Majesties Subjects Ireland not being subdued till the Reign of Henry II nor Wales reduced till that of Edward I nor Scotland united till the beginning of this last Century to say nothing of Foreign Plantations which are yet most of them of a later Date I speak not this to derogate from the Honour of Kingdoms and Principalities which do vastly exceed Us in Expansion of Country and have brought a far greater Addition of Power to the English Empire but to shew Their Majesties ancient and indisputable Right over Us together with that long and faithfull Subjection which our Fathers have paid to that Crown which Their Majesties derive from a Succession of so many Royal Progenitors We find but little in ancient History concerning this Island till the coming of the Normans who struck such Terror in all places where they passed that in the publick Litany after these words From Plague Pestilence and Famine was added and from the fury of the Normans Good Lord deliver us By the advantage of their Shipping they ransackt the Maritime Coasts of France burning and destroying all before them They were Pagans and therefore their Fury fell more remarkably on Churches and Religious Houses Persons and Things consecrated to God No place could be more open and exposed to their Incursions than this Island where they committed the same horrid Outrages they did elsewhere leaving Us among others this Monument of their Cruelty There dwelt at that time in this Island a Devout and Holy man famous amongst Us to this day for the Austerity of his Life whose little solitary Cell hewn out of the hard Rock is yet to be seen in a small Islet close by Elizabeth Castle His name Helerius or Helier mistaken by some for St. Hilary Bishop of Poitiers who was never here Him the Normans slew at their coming into this Island adding thereby to other things which this Island Glories in the honour of having given a Martyr to the Church For under that Name we find him Recorded in the Kalendary or Martyrology of Coûtance in these words XVII Kalend. Aug. Constant in Normannia Festum St. Helerii Martyris à Wandalis in GERSEIO Insulâ occisi And the Author of Neustria Pia speaks thus of him and of the place of his Martyrdom GERSEIUM GERSOIUM seu GRISOGIUM vulgò GERSE Insula est ad Mare oceanum Dioecesis Constantiensis in quam S. Praetextatus Archiâ—piscopus Rothomagensis posteà Martyr relegatus est an 582. Illustrior autem haberi coepit ex quo S. Helerius illic à Wandalis Martyrii palmam accepit Nam in honorem hujusce Inclyti Athletae Christi constructa est infignis Abbatia à Domino Guillelmo Hamonis viro nobili antiqui Stemmatis apud Neustrios Heroe in quâ Canonicos Regulares Ordinis S. Augustini posuit ac tandem ipse excessit è vitâ 21 Novembris cujus sic Meminit Obituarium Caesaris-Burgi XI Calend Decemb. Guillelmus Hamonis qui fundavit Abbatiam S. Helerii in GERSOIO These Wandals from whom St. Helier received the Crown of Martyrdom were no other than Normans those Names being used promiscuously But of this famous Abby erected to his Memory there is not a stone left standing It was built in the same place where is now the lower Ward of Elizabeth Castle So much as was left of that ancient Building was pull'd down An. 1691. to enlarge the Parade From this Holy man the chief Town in the Island is called St. Helier His Martyrdom must fall about the Year 857. After that Rollo and his Normans were peaceably settled in Neustria and in these Islands by Agreement with Charles the Simple that wild Nation mixed it self with the Old Inhabitants grew Civilized and embraced Christianity and this Island enjoyed great Tranquility under the Government of those Dukes that succeeded Rollo and who fill up the whole space betwixt him and William the Conqueror in the Order following ROLLO first Duke of Normandy who at his Baptism took the Name of Robert WILLIAM Sirnamed Longue Espée from his long Sword Son of Rollo RICHARD I. the Son of Longue Espée RICHARD II. Son of Richard I. RICHARD III. Son of Richard II. ROBERT Brother of Richard III. This Duke preserved Edward the Confessor from the Fury of Canute the Dane who had invaded England and slain Edmond Ironside Brother of Edeward He set out a powerfull Fleet to restore him to his Kingdom but being long detained by contrary Winds at Guernezey he was forced to return to Normandy re infectâ WILLIAM II. Bastard Son of Robert Sirnamed the CONQUEROR from his Conquest of England While the Conqueror lived he kept England and Normandy as close linked together as their Situation would permit residing sometime in the one and sometime in the other He died in Normandy and lies buried at Caen where I have seen his Tomb. 'T is but a low plain Altar Tomb that has nothing of Magnificence in it It stands in the middle of the Quire of the great Abby Founded by himself and has two Inscriptions on it one on each side The first expressing the Quality of his Person and the Union of England and Normandy under him The other signifying how that Monument had been defaced by the Huguenots during the heat and rage of the Civil Wars and had been repaired by the Monks An. 1642. After the Death of the Conqueror England and Normandy were parted again England falling to the Lot of William Rufus second Son of the Conqueror who in the absence of
they were before and sent others towards St. Aubin's Bay and towards St. Clement and Grouville meaning to tire and distract our Troops by making a shew as tho' they intended to Land in all those different places at once and accordingly several Companies were detached to attend their Motion The main Body of the Fleet lying still in St. Brelard's Bay together with the best part of the Camp to oppose their Landing October 22. the same day on which the King Landed in France tho' the good News came not to Us till some weeks after a little after Midnight and by Moon-shine the Enemies were observed to ship off in several flat bottom'd Boats which they had brought for that Service ten or twelve Battalions of Foot to the number of about 4000 Men as was conjectured in order to make a Descent which they attempted by break of day under the covert of their Ships which drew as near the shore as the nature of the place would give them leave sparing neither Powder nor Shot on this occasion But seeing themselves beaten from two small Forts that had been raised in the Bay and the Islanders drawn up upon the Sands in a posture to receive them they thought fit to retire to their Ships which forthwith weighed Anchor and returned to St. Ouen leaving only 19 men of War in St Brelard's Bay This obliged the Governor to follow them again to St. Oüen after he had posted some Companies of the Militia his own Company of Fuzeliers and all the Dragoons to observe those that remained at St. Brelard The Enemies being come to St. Oüen directed their Course Northwards to L'Etack the furthest Point of that Bay as if they had designed to Land there whither they were accordingly followed by the Islanders but it soon appeared their Design was only to harrass our Troops for they suddenly tackt about and steered to the opposite Point which Motion was likewise attended by our Forces on shore The Enemies playing all the while furiously with their Cannon which was answered in the same manner as the day before The Night coming on it was thought necessary to send the Troops which had been now three Days and two Nights under their Arms and had been extremely fatigued by so many Marches and Counter-marches and were also very much incommoded by a small Rain that had not ceased to fall since they were in Action to refresh in the neighbouring Villages The noble and indefatigable Governor with a few Horse that attended him not departing all the while from the Shore It must not be forgot that the Enemies were that Day reinforced by a Squadron of fresh Ships which joined the Fleet a little before Night That fatal Night which proved extraordinary Dark and under the Favour of it the Enemies landed a Battalion which as soon as discovered was with great Bravery and Resolution charged by the Governor and those few Horse that he had about him The Charge was bloody and desperate many of the Enemies being killed and mortally wounded but they poured on so fast that the Infantry that was dispersed about the Coast had not time to come up and second that small Body of Horse which certainly did Wonders by the Confession of the very Enemies themselves who have often said that such another Charge would have made them retire and perhaps give over their Design at least for that time And 't is probable they must have done so For the next Day such a Storm arose that had they not by a timely Reduction of the Island secured a Retreat into the Ports a great Part of their Fleet must have perished and been dashed against the Rocks nor could even that hinder one of their biggest Frigats from being so lost with all the Men in her The Enemies being landed marched up into the Island where they committed great Disorders turning the Churches into Stables abusing the Pulpits and Communion-Tables in a manner not fit to be named 'T were needless to mention the Sequestrations Compositions for Estates and other Vexations which the Inhabitants of this Island suffered at that time since they were common to all that adhered to the Royal Interest There was great rejoycing in England for the taking of JERSEY The Parliament did once fear that the Islanders in Despair and rather than own their Power would give themselves up to the French Or that the King urged by his Necessities would sell it to that Crown for a Summ of Money 'T is certain that a Letter came about that time to the Men at Westminster informing them that the late Earl of St. Albans and Sir Richard Greenvil were actually at the French Court treating about some such thing And tho' it proved a Mistake it served to quicken the Resolutions of the Parliament who wisely considered that if this Island with ten or twelve small Privateers and with none or little help from France was able meerly by the Advantage and Opportunity of its Situation to obstruct the Trade and Commerce of the Channel how much more would it be able to do so if by falling into the Hands of the French it should become a Retreat to all the Corsairs of that Nation Tho' the Island was reduced the Castles were not Sir George de Carteret shut himself up in that of Elizabeth with several of the Gentry and Clergy and the Garrison amounting in all to about 350 sighting Men. The Castle was besieged and several Batteries were raised on St. Helier's Hill that did little Execution besides beating down the Parapets which were soon repaired Then came the News of his Majesty's safe Arrival in France Whereupon Mr. Poingdestre was dispatched to his Majesty to acquaint him with the State of the Garrison In the mean while the Enemies seeing no great Effect of their Cannon caused a Battery of Mortars to be raised and threw Bombs into the Castle One of which falling upon the Church and breaking through two strong Vaults under which was laid a considerable Quantity of Powder with other Ammunitions and Stores blew up the Church and the adjoyning Buildings burying above Fourscore Persons of the Garrison under the Ruines thereof This Accident caused a great Consternation in the Garrison and hastned the Reduction of the Place But before the Governor would hearken to a Treaty he sent his Chaplain the Reverend Dr. Durel late Dean of Windsor Mr. Poingdestre not being yet returned to the King to know if he may 't expect Succour promising with a very small Force not only to keep the Castle but to drive the Enemies quite out of the Island The King after many fruitless Applications made to the French Court which was then at Poitiers and had begun by the Intrigues of Cardinal Mazarin to enter into a close Conjunction with the Powers in England sent back this Message to the Governor That he was highly satisfied with his Courage and Conduct in the Defence of the Island Being convinced no man could do
strong for they are all of Stone The meaner sort are of the common Stone of the Island Houses of Gentlemen and rich Merchants are usually faced with smooth wrought Stone either fetched from Chauzé the small French Island mentioned before which also supplies St. Malo or digged out of Mont-Mado which is a rich inexhaustible Quarry of Excellent Stone in the N. of the Island The Chauzé Stone inclines to a Blue the Mont-Mado to a reddish Gray somewhat like the common Porphyry Either of them make a handsome shew These Buildings will last 2 or 3 Hundred Years and would surpass what I have seen in other Countries were the Contrivance and Furniture within answerable to the Strength and Beauty without But our People value themselves more upon what is solid and lasting than upon what is only ornamental Of which this Reason may be given that the Tenure of Houses and Lands here is not for Life or a certain Term of Years only but in perpetuùm So that a Man being perfectly Master of what he possesses no wonder if he takes care that his Layings-out and Improvements be made in such a way as that they may not only last his own Time but may pass also to his Posterity who are to enjoy the Tenement after him The chief Seats in the Island are the Mannors of St. Oüen Samarés Trinity c. The Language is French All publick Preaching and Pleading is in that Tongue and tho' I cannot say that we speak it with the same Purity and Elegancy which they do in France yet if it be considered what Jargon is used in some Provinces of that Kingdom as in Dauphiné Provence Languedoc Gascogne Bretagne c. one will the less wonder that a few uncouth Words and Phrases should still be retained in This and the neighbouring Islands So bad as it is 't were in my opinion safer and more advisable for English Gentlemen to send their Sons hither to learn the Language tho' at the hazard of carrying back a Barbarism or two than to send them as they usually do into France where they are exposed to the Artifices of Men that lie in wait to deceive and from whence they seldom return but with Minds so alienated from the Customs Laws and Religion of their Country that the publick Mischief which results there-from can never be compensated by a few fine Words which they bring home Tho' French be the common Language of the Island there are few Gentlemen Merchants or Principal Inhabitants but speak English tolerably Trade is the Life of an Island And our People accordingly had before the War with good Success applied themselves to the Improvement of it They were become owners of good Ships with which they traded not only into England and France but likewise into Spain Portugal Holland Norway into the Baltick-Sea and into the English Plantations in America But the Neighbourhood of St. Malo that famous Retreat of French Corsaires has ruined our Navigation The constant and standing Manufacture of this Island is that of Stockings tho' that be also brought down very low since the War They are wrought of English Wooll whereof a certain Quantity is by Concession of Parliament allowed to be exported yearly and manufactured in these Islands I have heard that 6000 some say 10000 Pair have been weekly made in JERSEY which were bought up every Saturday at St. Helier by the Merchants who dispersed them afterwards into all Parts of Europe From England we are supplied with all Kind of Mercery and Grocery-ware Houshold-stuff fine Iron-works Leather c. for which we bring in ready Mony to a considerable Value Estates here cannot be great since 't is not easie for a Man tho' never so industrious to enlarge his Patrimony in a Country so full of People and where Land is seldom worth less than 30 years Purchase And the equal sharing of both real and personal Estates betwixt Sons and Daughters which in England is call'd Gavelkind and is the Ancient Use of this Island destroys many a fair Inheritance amongst Us by mincing it into so many little Parcels which in the next Generation that is perhaps 20 Years after must be subdivided again into lesser Portions and so on till an Estate is almost dwindled into nothing Real Estates here consist either in Lands or Rents but generally the latter which are for the most part constituted thus The Proprietor of a Tenement lets it out to another for so many Quarters of Wheat to be paid every Michaelmas for ever Yearly This is called a Rent which may be paid in specie from the said Term of Michaelmas till St. Lawrence's Day next following After which it must be paid in Mony according to a certain Rule or Standard set by the Royal Court which always meets upon that Day and from an Account that is laid before it of the several Rates which Corn has been sold at in the Market every Saturday throughout the Year determines and fixes the Price of the Rents that remain unpaid And so the way of reckoning an Estate with us is not by Pounds but by Quarters of Wheat Therefore when 't is ask'd what Estate a Man hath the Question with us is not How many Pounds as in England but how many Quarters of Wheat he is worth yearly The yearly value of a Quarter of Wheat seldom exceeds 12 Livres French Mony currant in this Island which is about 18 Shillings English But in cheaper and more plentifull Years 't is hardly worth 9 Livres which is less than 14 Shillings This makes Estates variable and uncertain since they must rise or fall according to the Price that Corn bears each Year in the Market Another way of creating a Rent is this A Man that has an Estate and wants Mony and cannot or will not borrow any sells a Summ of Wheat upon himself that is he chargeth himself and his Heirs for ever with the Annual Payment thereof And these Rents have been so multiplied that 't is thought there is more Wheat due on that account every Year in this Island than can grow upon the Island in two Years All Bonds are not Personal as in England but real and carry an express Hypotheca or Mortgage upon the Estate both real and personal of the Debtor In this Island are many very Ancient Families not only among the Seigneurs and Gentlemen of the first Rank but even among those of Inferior Quality several of whom can reckon a Descent which in some other Countries very good Gentlemen would be proud of It appears by Names and Ancient Records that most of the Families of this Island are come out of Normandy or Bretagne Tho' from K. John's time downwards some are found of English Extraction Gentlemen that have Seigneuries or Fiefs in this Island are usually call'd by the Names of them Thus Sir Charles de Carteret Seigneur of St. Oǔen is with us called Monsieur de S. Oǔen and so of others
CHAP. III. Military Government THE Chief Officer in this Island He that more immediately represents the King's Person and that hath the Precedency of all others is the Governor While this Island was subject to the Kings of France of the First and Second Race the Governors were styled Comites and Duces i. e. Counts and Dukes Thus LOYESCON who commanded here in the time of Clothaire and Charibert an 560 is called Comes a Count as we learn from the Compilers of the Life of St. Magloire the Apostle of this Island And AMWARITH who had the same Command about 200 Years after viz. in the time of Charlemagne is called Dux a Duke as appears from that ancient Fragment mentioned before where 't is said concerning Geroaldus Abbot of Fontenelles that is quadam Legatione fungebatur in Insulam cui nomen est AVGIA JERSEY cui tempore illo praefuit Dux nomine AMWARITH Under the Dukes of Normandy and the first English Kings after the Conquest the Government of all these Islands was generally given to one Man who was called sometimes Dominus sometimes Ballivus sometimes Custos Insularum i. e. Lord Bailly or Warden of the Islands But K. Henry VI. gave them together with the Isle of Wight to Henry de Beauchamp Earl of Warwick with a very extraordinary Title viz. with that of KING as is seen from an ancient MS. Chronicle of the Abby of Tewkesbury mentioned by Mr. Selden where this Passage is found Obiit Dominus Henricus Nobilis Dux Warichiae Primus Comes Angliae Dominus le Dispenser de Abergevenny REX de Insulis Wight Gardsey JARDSEY Dominus quoque Castri Bristoliae cum suis annexis 3 Id. Junii A. D. 1446. Anno Aetatis suae XXII apud Castrum de Hanleyâ et sepultus est in medio Chori Theokesburiae When these Islands were separated and particular Governors assigned to each of them they were styled Captains and at last Governors which Title was fixed by a special Ordinance of Council June 15. 1618. This Office has been anciently held by Persons of very great Note and Eminency and we can reckon among our Governors the Sons and Brothers of some of our Kings As 1 John Earl of Mortain afterwards King who had these Islands given him in the Nature of an Appanage by K. Richard I his Brother 2 Prince Edward afterwards K. Edward I. Son and Successor of Henry III who held them in the same Right in the time of his Father 3. John Duke of Bedford and 4. Humphrey Duke of Glocester Brothers of Henry V. I shall only give an Account of the Governors of JERSEY from the time of Edward IV ever since which time this Island has always been a separate Government Sir RICHARD HARLISTON Vice-Admiral of England who assisted Philip de Carteret in the Reduction of Mont Orgueil Castle which had been seized by the French and had thereupon the Government given him for his good Service He died in Flanders MATTHEW BAKER Esq Groom of the Bed-Chamber to K. Henry VII ejected afterwards for Misdemeanors THOMAS OVERAY lyeth buried in St. George's Chappel in Mont-Orgueil Castle then the Residence of the Governors Sir HUGH VAUGHAN who was also at the same time Lieutenant of the Tower of London Captain of the King's Life-guard c. Resigned the Government to Sir ANTHONY UGHTRED whose Wife was nearly related to Q. Anne Bolein He came in by that interest and lies interred in St. George's Chappel in Mont Orgueil Sr. ARTHVRD ARCY who sold the Government to THOMAS Lord VAVX of Harrowdon and he soon after to Sir EDWARD SEYMOVR Viscount Beauchamp afterwards Duke of Somerset and Lord Protector Sir HVGH PAWLET Treasurer to K. Henry the 8th's Army at the Siege of Bologne Governor of Havre de Grace an 1563. that Town being then in the hands of the English Reputed one of the best and most experienced Captains of his Time A zealous Promoter of the Reformation in this Island of which he was Governor about 24 Years was succeeded by his Eldest Son Sir AMIAS PAWLET Privy Councellor to Q. Elizabeth Ambassador in France an 1576 who had also for Successor Sir ANTHONY PAWLET his Son and he Sir WALTER RALEIGH whose very Name is an honour to this Island But the unfortunate Gentleman held the Government not long it being forfeited together with all his other Great Offices and Preferments by his Attainder in the First year of K. James I. Sir JOHN PEYTON Lieutenant of the Tower c. Sir THOMAS JERMYN who in his Life-time did also obtain the Reversion of the Government after him for his younger Son HENRY JERMYN created first Lord Jermyn then Earl of St. Alban's Knight of the most Noble Order of the Garter c. To whom was afterward joyned in the same Patent and with equal Authority Sir GEORGE DE CARTERET who with so great Valour held the Island for the King against the whole force of the Parliament in the late Civil Wars After the Restoration in 1660 made Vice-Chamberlain and one of the Lords of the Privy-Council and lastly created Baron Carteret of Hains in Bedfordshire After the said Restoration the Earl of St. Alban's remained sole Governor but a War ensuing with France an 1665 the Earl was allowed 1000 l. per annum out of the Exchequer And Sir THOMAS MORGAN that renowned and valiant Commander was sent into this Island and made Governor by special Commission After whose Decease the like Commission was directed to Sir JOHN LANIER recalled upon the Earl of St. Alban's Death to make way for The Right Honourable THOMAS Lord JERMYN Baron of St. Edmund's Bury who claimed the Government by virtue of a Grant to him formerly made by Letters Patent under the Great Seal in case he survived his Uncle the said Earl of St. Alban's He holds it as the Earl did for Life This Office has been held sometimes Quamdiù Domino Regi placuerit sometimes Quamdiù se benè gesserit sometimes for a certain and determinate number of Years sometimes during Life sometimes during Life and five years beyond it and at other times again without Condition or Limitation of time For the support of this Dignity the King allows the Governor his whole Revenue in the Island a small part thereof only deducted for Fees and Salaries to the Officers of the Court. In ancient times this Revenue consisted of seven Mannors which were the Patrimony of the Dukes of Normandy These Mannors were by K. Henry II. let out in Fee-farm to several Tenants at the rate of about 460 Livres Tournois yearly which with many other old Money-Rents expressed in the Extent or Register of the King's Revenue made an 1331. amounted to more than 1000 Livres Tournois per annum A Livre Tournois Libra Turonensis being then worth as much as an English l. Sterling is now This together
another Castle called Grosnéz in the West of the Island it is no Garrison but an old useless Fortification of which little remains and noted now only for having been the retiring Place of Philip de Carteret and his Party when he stood out against the French in the latter End of K. Henry VI. For the Security of the Coast against a Descent the Inhabitants have lately in such Places as are most exposed to that Danger raised Redoubts and Batteries planted with good Cannon which his Majesty at our humble Suit was pleased to give us out of his own Stores for that Service Every Parish has moreover two or more small Brass Guns with Officers Gunners and Pioneers to attend them making in all a Train of betwixt 20 and 30 Pieces of Artillery ready to march where there is occasion The Garrison consists of a Battalion of the Right Honourable the Earl of Monmouth's Regiment The rest of his Lordship's Regiment Quarters in Guernezey The Militia or Train'd-bands are formed into 4 Regiments of Infantry and one Troop of Horse making in all about 3000 Men. They are all Fire-Arms Pikes being of no use in this Island CHAP. IV. Civil Jurisdiction WE have shewn in the former Chapter how the Office of Bailly was separated from that of Governor which two Offices were formerly united in the same Person The Bailly under the present Constitution is an Officer of great Dignity He is the Head of Justice and holds immediately by Patent from the King whom he represents in Court where his Seat is raised above that of the Governor He can nevertheless act only in Conjunction with the Jurats who are Twelve in Number of Royal Institution but of Popular Election For K. John being in JERSEY and finding Justice administred there in a manner Arbitrarily by one who had the Civil and Military Power in his hands assisted only by those we call Francs Tenans and that only thrice a Year and he not tied to follow their Opinions neither thought fit to establish such a Form of Jurisdiction here as was used in Gascogne consisting of Twelve Men who are to be perpetual Assistants to the Bailly and Eligible by the People These he called Coronatores Jurati i. e. sworn Coroners as may be seen from the Charter of their Creation Instituit duodecim Coronatores Juratos ad Placita Jura Spectantia ad Coronam Custodienda c. Coronator says the Learned Sir Henry Spelman apud nos Coronâ—e Officialis pervetustus est ad tuendam pacem Dignitatem Regiam in quovis Comitatu populi Suffragiis Constitutus In ancient Times says my Lord Coke it was an Office of great Estimation in England for none could have it under the Degree of a Knight These Twelve Magistrates in JERSEY are now known only by the Name of Jurats or Justiciaries that of Coroners being wholly disused The Manner of choosing a Jurat in JERSEY is this Upon a Vacancy the Court issues out an Act or Writ of Election fixing the Day which is always a Sunday and appointing one from their own Body to collect the Votes and Suffrages of the People The Act or Writ is delivered to the Minister who after Divine Service reads it from the Pulpit setting out usually in a short Speech the Duties and Obligations incumbent on those that aspire to that Magistrature and recommending to the People the Choice of such a one whom for his Knowledge and Abilities his Integrity and Love to Justice his Zeal for the Established Religion and Government and his Interest in the Assection of his Country they know to be of all others fittest for the Place The People give their Voices at the Church-door as they go out and he that has the Majority throughout the Island is declared duly Elected Without the Verdict and Opinion of these Twelve the Bailly cannot pronounce In case of Inequality of Opinions he is bound to follow the Majority But he has the Choice betwixt Opinions equal in Number Besides the Bailly and Jurats there go to make up the Court several other Officers as the King's Procurator and Advocate or the Attorney and Sollicitor The Viscount or Sheriff The Gressier or Clerk Six Advocates or Sollicitors at the Bar Two Denunciators or Under-Sheriffs And lastly the Usher no sworn but a necessary Officer to keep Order The Court thus composed is a Royal Court having Cognizance of all Pleas Real Personal Mixt or Criminal arising within the Island Treason only excepted and some other Casus nimis ardui which are reserved to the King and the Lords of His Majesty's most Honourable Privy-Council to whom alone this Court is subordinate Nor can the Inhabitants of this Island be sued in any of the Courts of Westminster for any Matter or Cause arising as is said before within the same In the latter Days of K. Edward I and throughout the weak Reign of Edward II a great Breach was made in the Jurisdiction of the Court by the Itinerant Judges sent over hither who as the Records of that Time do witness so plied the poor Inhabitants with Quo Warranto's calling into Question not only Publick Grants and Priviledges but also Private Men's Titles and Properties remitting them for further Vexation to the King's-Bench that none was secure of what he possessed Which Troubles continued till the 5th Year of Edward III when upon a Petition of both Islands still to be seen in the Treasury at Westminster that horrid Justice was superseded and the Jurisdiction of the Court as established by K. John with other Publick Franchises and Immunities were confirmed to us by a new and general Charter Appeals may be brought before the Council-Board in Matters of Civil Property above the Value of 300 Livres Tournois But no Appeal is admitted in Matters of less Value nor in Interlocutories nor in Criminal Causes which are judged here without Appeal I cannot but observe that the Case of Treason excepted from the Cognizance of the Bailly and Jurats has scarce afforded an Example amongst Us for these 500 Years last past Geoffrey Wallis or Welch Seigneur of 8t Germain Handois and other Fiefs in this Island was indeed slain in Barnet-Field with the Earl of Warwick his Master fighting against Edward IV for which his Estate was seized into the King's hands But it was afterwards by Henry VII declared no Felony because done in Favour of Henry VI who was then still living in a doubtfull Quarrel and the Estate was adjudged and ordered to be restored to John Fantleroy his next Heir Sir Richard Harliston who was Governor of and had an Estate in this Island siding on the other hand with the House of York in the Reign of K. Henry VII deluded by the Artifices of the Lady Margaret and the Impostures of Perkin Warbeck forfeited also both his Government and Estate in this Island But neither will this Example reach our Case Our Kings have
used both in ancient and latter Days and upon extraordinary Occasions to send over hither special Commissioners authorized under the Great Seal who have always been Persons of Quality and Learning as Doctors in the Civil Law Masters in Chancery c. whose coming suspends the Ordinary Forms and Procedures of Justice But First they must shew their Commission in Court and have it there Enrolled And then they can in no Case concerning Life Liberty or Estate determine any thing contrary to the Advice and Opinion of the Jurats who are to Sit and Judge and make conjunctive Records of their Proceedings with them My Lord Coke owns that the King's Writ runneth not in these Islands His Commission under the Great Seal doth But the Commissioners must judge according to the Laws and Customs of these Isles The Laws of this Island which are to be the Rule and Measure of the Judgments of the Court differ in many things from those in England The particulars are too many to be instanced in In general our Laws may be reduced under these four Heads 1. The Ancient Custom of Normandy as it stood before the Alienation of that Dutchy in the time of K. John and was contained in an old Book called in the Rolls of the Itinerant Judges La Somme de Mançel or Mançel's Institutes For whatever Changes have since that time been introduced into the said Custom by French Kings or French Parliaments they can be of no force here This is to us what the Statute Law is in England 2. Municipal and Local Usages which are our Unwritten and Traditionary Law like the Common Law in England 3. Constitutions and Ordinances made by our Kings or their Commissioners Royal at their being here with such Regulations and Orders as are from time to time Transmitted hither from the Council-Board 4. Precedents and former Judgments recorded in the Rolls of the Court These last indeed cannot in strict and proper Sense be said to be Laws wanting the Royal Authority without which nothing can be Law Nevertheless great Regard is had to them upon occasion The same may be said of such Political and Provisional Ordinances as are made by the Court or the Assembly of the States like those made by other Bodies Corporate for the good Government of those Societies No Act of Parliament can reach us wherein we are not particularly named It has been often wished that our Laws were collected methodized and digested into a System or Code A work that would be of very great Use in regard that not only all Causes and Suits within the Island whether by the ordinary Judges or extraordinary Commissioners from England but Appeals also before the Council-Board are to be determined secundùm Leges Consuetudines Insulae which Laws and Customs not being so generally known 't is scarce possible but Judgment must sometimes be given contrary to the same Causes are not brought into Court or treated there confusedly For tho' there be but one Tribunal and the Judges always the same Persons yet because matters are of more or less moment or require different Methods of proceeding they have been distinguished into IV Classes or Courts The First is of those that respect the Property of Lands and Inheritance These we decide in a more solemn Assembly call'd La Cour d'Heritage i. e. The Court of Inheritance Which continueth so many days as are necessary to dispatch all Causes of that Nature The first day is kept very Solemnly For then all the Jurats are bound to be present and without seven of them at least the Court cannot be kept that day without absolute necessity which is tied to no Rule The Governor or his Lieutenant useth to assist that day and to answer in the King's Name for such Fiefs as are in His Majesty's hands and owe Suit of Court All Gentlemen holding Fiefs from the Crown by that Service called in Records Secta Curiae are also to answer to their Names or be Fined The Advocates renew their Oaths The Provosts and Sergeants who are inferior Officers belonging to the King's Revenue are to declare all Escheats Forfeitures and other Contingent Profits and Emoluments accrued to his Majesty There also Political Sanctions relating to Order and Government are continued or if need be abrogated and new ones made The Governor in the King's Name or the Receiver by Command of the Governor causeth a solemn Dinner to be prepared where besides the Court those Gentlemen before mentioned holding Fiefs from the Crown have Right to Sit and are therefore said in the Extent and other Records edere cum Rege ter in anno i. e. to eat with the King three times a Year a Custom doubtless older than the Conquest 'T is said Three times a year because we have so many Terms and this Court is the opening of every Term. After the first day the Court is continued every Tuesday and Thursday following till the end of each Term Three Jurats always assisting the XII taking it by turns Matters treated in this Court are Partitions of Inheritance betwixt Coheirs Differences betwixt Neighbours about Bounds new Disseisines and Intrusion upon other Men's Lands Challenges of Propriety Pre-emptions between Kindred which we call Retraict Lignager Retractus Consanguineorum and Jus Protimeseos the Property of Rents due for Lands let out in Fee-farm which we call Rentes Foncieres Reditus Fundiarius and such like The Second Court is that of Catel i. e. Chattels or moveables For tho' at present few Causes purely Mobiliary be determined in this Court as they were before the Extraordinary Court was set up nevertheless as in the Court of Heritage Rents are demanded without Relation to Arrears so in this Court they are demanded principally with reference to those Arrears But the principal Business of this Court is the Adjudication of Decrees Now a Decree with us is this When a man becomes unable to pay his Debts he comes into Court and there publickly makes Cession of his Estate which we call Renoncer i. e. To renounce Whereupon all that have been concern'd with him are by Three Proclamations and a Fourth Peremptory cited to come in and insert into a List or Book made for that purpose their several Demands Which done they are called in Order That is to say the last Creditor first and so on Retrograding The last Creditor is asked whether he will substitute or put himself in the place of the Cessionary and take the Estate paying the Debts that are of an older Date than his Which if he Assents to the Decree is at an end and he is put into Possession of the Estate Such a one we call a Tenant If he says he will rather lose his Debt than take the Estate on condition to satisfie the other Creditors the Judge proceeds to him that stands next in Order of Time and so on Retrograding still and propounding the same Question to all till so many
Archbishop Abbot the Lord-Keeper Williams and the Learned Andrews Bishop of Winchester commissioned thereunto by the King received the Royal Assent June 30. in the 21st Year of His Majesty's Reign and were thereupon transmitted to JERSEY to have there the Force of Laws in Matters Ecclesiastical as they have to this Day A Copy of which Canons collated with the old French Original extant in our Records is hereunto added for publick Satisfaction JAMES R. JAMES by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To our right Trusty and well beloved Counseller the Reverend Father in God Lancelot Bishop of Winton and to our Trusty and well beloved Sir John Peyton Knight Governor of our Isle of JARSEY and to the Governor of the said Isle for the time being To the Bailiff and Jurats of the said Isle for the time being and to the Officers Ministers and Inhabitants of the said Isle for the time being To whom it shall or may appertain Greeting Whereas we held it fitting heretofore upon the Admission of the now Dean of that Island unto his Place in the Interim until we might be more fully informed what Laws Canons or Constitutions were meet and fit to be made and established for the good Government of the said Island in Causes Ecclesiastical appertaining to the Ecclesiastical Jurisdiction to command the said Bishop of Winton Ordinary of the said Island to grant his Commission unto David Bandinel now Dean of the said Island to exercise the Ecclesiastical Jurisdiction there according to certain Instructions signed with our Royal Hand to continue only until we might establish such Constitutions Rules Canons and Ordinances as we intended to settle for the regular Government of that our Island in all Ecclesiastical Causes conformed to the Ecclesiastical Government established in our Realm of England as near as conveniently might be And whereas also to that purpose our Pleasure was that the said Dean with what convenient Speed he might after such Authority given unto him as aforesaid and after his Arrival into that Island and the publick Notice given of his Admission unto the said Office should together with the Ministers of that our Isle consider of such Canons and Constitutions as might be fitly accommodated to the Circumstances of Time and Place and the Persons whom they concern and that the same should be put into Order and intimated to the Governor Bailiff and Jurats of that our Isle that they might offer to us and to Our Council such Acceptions and give such Informations touching the same as they should think good And whereas the said Dean and Ministers did conceive certain Canons and presented the same unto Vs on the one part and on the other part the said Bailiff and Jurats excepting against the same did send and depute Sir Philip de Carteret Knight Joshua de Carteret and Philip de Carteret Esquires three of the Jurats and Justices of Our said Isle All which Parties appeared before Our right Trusty and well beloved Councellors the Most Reverend Father in God the Lord Archbishop of Canterbury the Right Reverend Father in God the Lord Bishop of Lincoln Lord-Keeper of Our great Seal of England and the Right Reverend Father in God the said Lord Bishop of Winton to whom We gave Commission to examine the same who have accordingly heard the said Parties at large read examined corrected and amended the said Canons and have now made Report unto Vs under their Hands that by a mutual Consent of the said Deputies and Dean of our Island they have reduced the said Canons and Constitutions Ecclesiastical into such Order as in their Judgments may well fit the State of that Island KNOW ye therefore that We out of Our Princely Care of the quiet and peaceable Government of all Our Dominions especially affecting the Peace of the Church and the Establishment of true Religion and Ecclesiastical Discipline in one uniform Order and Course throughout all Our Realms and Dominions so happily united under Vs as their supreme Governor on Earth in all Causes as well Ecclesiastical as Civil having taken consideration of the said Canons and Constitutions thus drawn perused and allowed as aforesaid do by these Presents ratify confirm and approve thereof AND further We out of Our Princely Power and Regal Authority do by these Presents signed with Our Royal Hand and sealed with Our Royal Signet for Vs Our Heirs and Successors will and command that the said Canons and Constitutions hereafter following shall from henceforth in all Points be duely observed in Our said Isle for the perpetual Government of the said Isle in Causes Ecclesiastical unless the same or some Part or Parts thereof upon further Experience and Trial thereof by the mutual Consent of the Lord Bishop of Winton for the Time being the Governor Bailiffs and Jurats of the said Isle and of the Dean and Ministers and other Our Officers of Our said Isle for the time being representing the Body of Our said Isle and by the Royal Authority of Vs Our Heirs or Successors shall receive any Additions or Alterations as Time and Occasion shall justly require And therefore We do further will and command the said Right Reverend Father in God Lancelot now Lord Bishop of Winton that he do forthwith by his Commission under his Episcopal Seal as Ordinary of that Place give Authority unto the said now Dean to exercise Ecclesiastical Jurisdiction in Our said Isle according to these Canons and Constitutions thus made and established De la Souveraineté du Roy. PRemierement selon le Devoir que nous devons a la Tres-Excellente Majesté du Roy il est Ordonné que le Doyen Ministres ayans cure des Ames seront tenus un chascun de tout leur Pouvoir Scavoir Cognoissance d'enseigner mettre en Evidence desclarer purement sincérement sans aucune feintise ou dissimulation le plus souvent que faire se pourra que les occasions s'en presenteront que toute Puissance Forreine estrangere Vsurpée pour autant qu' elle nâ aucun fondement en la Parole de Dieu est totalement pour bonnes justes Causes ostée abolie par conséquent que nulle sorte d'Obeissance ou Subjection dedans les Royaumes Dominions de sa Majesté n'est deüe à aucune telle Puissance Ains que la Puissance du Roy dedans les Royaumes d'Angleterre d'Ecosse d'Irlande autres ses Dominions Contrées est la plus haute Puissance sous Dieu à laquelle Toutes Personnes habitans natifs dans icelles doivent par la Loy de Dieu toute Fidélité Obeissance avant par dessus toute autre Puissance 2. Quiconque affermera maintiendra que la Majesté du Roy n'a la méme Authoritè en causes Ecclesiastiques comme entre les Juiss ont eû les Rois Religieux les Empereurs Chrestiens en
ea pro Nobis Haeredibus Successoribus nostris quantum in nobis est praefatis Ballivo Juratis ac caeteris Incolis Habitatoribus Mercatoribus aliis tà m Hostibus quà m Amicis eorum cuilibet per Praesentes indulgemus elargimur Authoritate nostrâ Regiâ renovamus reiteramus Confirmamus in tà m amplis modo formâ prout praedicti Incolae Habitatores Insulae praedictae ac praedicti Indigeni Alienigeni Mercatores alii per anteà usi vel gavisi fuerunt vel uti aut gaudere debuerunt Vniversis igitur singulis Magistratibus Ministris subditis nostris per Vniversum Regnum nostrum Angliae ac caetera Dominia Locos Ditioni nostroe subjecta ubilibet constitutis per Praesentes denunciamus ac firmiter injungendo praecipimus ne hanc nostram Donationem Concessionem Confirmationem seu aliquod in eisdem expressum aut contentum temerariè infringere seu quovis modo violare praesumant Et siquis ausu temerario contrà fècerit seu attemptaverit Volumus decernimus quantùm in nobis est quod restituat non solùm ablata aut erepta sed quod etiam pro Dampno Interesse expensis ad plenariam recompensam satisfactionem compellatur per quaecunque Juris nostri Remedia severéque puniatur ut Regiae nostrae Potestatis ac Legum nostrarum contemptor temerarius This is such a Priviledge as can hardly be parallell'd in any Age. Add now to this the concurring Testimony of Writers Strangers as well as English who have treated of the Affairs of these Islands and who all own and assert this Priviledge in its full Extent and Latitude The Book Intituled Les Us Coutumes de la Mer i. e. The Uses and Customs of the Sea Published by Authority and Printed at Roûen An. 1671 speaking of Prizes made against Laws agreed on by the Consent of Nations and consequently to be adjudged Null says that such are those that are made in Priviledged Places en lieu d'Azyle ou de Refuge And such Places he adds are the Isles and Seas of GERSAY and Grenezay on the Coast of Normandy where the French and English whatever War may be betwixt the two Crowns are not to insult or prey upon each other so far as the said Islands can be discovered at Sea The Learned Mr. Cambden owns this Priviledge tho' by a mistake he applies it to Guernezey only Veteris etenim Regum Angliae Privilegio says he Perpetuae hîc sunt quasi induciae Gallis aliisque quamvis Bellum exardescat ultrò citróque huc sine periculo venire Commercia securè exercere licet That profound Antiquary Mr. Selden in his Mare Clausum mentions this Priviledge twice and urges it as an Argument to prove his Hypothesis touching the King of England's Dominion over the Narrow Seas Neque enim facilè conjectandum est undenam Originem habuerit Jus illud Induciarum singulare ac perpetuum quo CAESAREAE Sarnâ—ae caeterarumque Insularum Normannico Littori praejacentium Incolae etiam in ipso Mari fruuntur flagrante utcúnque inter Circumvicinas Gentes Bello nisi ab Angliae Regum Dominio hoc Marino derivetur This Learned Man had taken great pains to search and inspect Our Charters among the Records in the Tower and remained satisfied of the Validity of this Priviledge Dr. Heylin speaks thus of it tho' by a Mistake common to him with Mr. Cambden he thought this Priviledge belonged only to Guernezey By an Ancient Priviledge of the Kings of England there is with them in a Manner a continual Truce and lawfull it is both for French-men and for others how hot soever the War be followed in other Parts to repair hither without Danger and here to Trade in all Security A Priviledge founded upon a Bull of Pope Sixtus IV the 10 th Year as I remember of his Popedom Edward IV then Reigning in England and Lewis XI over the French By virtue of which Bull all those stand ipso facto excommunicate which any way molest the Inhabitants of this Isle of Guernzey or any which resort unto their Island either by Piracy or any other Violence whatsoever A Bull first published in the City of Constance unto whose Diocese these Islands once belonged afterwards verified by the Parliament of Paris and confirmed by Our Kings of England till this Day The Copy of this Bull I my self have seen and something also of the Practice of it on Record by which it doth appear that a Man of War of France having taken an English Ship and therein some Passengers and Goods of Guernezey made Prize and Prisoners of the English but restored those of Guernezey to their Liberty and to their Own The Bull of Sixtus IV is not the Ground and Foundation of this Priviledge as the Doctor misunderstandeth it But on the contrary the Priviledge was the Ground and Occasion of the Bull as appears from the Bull it self For K. Edward IV being informed of a great many Infractions made to this Priviledge by Pyrates and others preying upon Merchants as they resorted to these Islands purely on the Account of Trade caused his Ambassadors at Rome to move the Matter to the Pope whose Censures were much regarded in those Days And thus the Bull was procured and is indeed a Terrible One. The King commanded it to be notified and published throughout his Dominions strictly injoyning the Observation of it to all his Subjects And by Order of Lewis XI and Charles VIII Kings of France it was verified by the Parliament of Paris and proclaimed in a very solemn manner in all the Ports of Normandy as it had been before in those of Bretagne à son de Trompe i. e. with Sound of Trumpet by Francis II the last Duke of that Country We have it still extant in an Inspeximus of K. Henry VIII under the Great Seal of England now in my Custody 'T is a Piece of a very extraordinary Nature and that shews better than any thing I have seen the Style of the Court of Rome in those Days But 't is somewhat too long to be inserted here It remains now that we shew something of this Priviledge upon Practice Anno 1523. A Ship of Guernezey being taken by a Privateer of Morlaix during the War betwixt Henry VIII of England and Francis I of France and carried into Morlaix was by Order of the Count de Laval Governor of Bretagne released upon Plea of this Priviledge Anno 1524. A Prize made by one Pointy and brought into JERSEY because made within the Precincts of the Island and therefore contrary to this Priviledge was in an Assembly of the States the Governor and the King's Commissioners present pronounced Tortionary and Illegal and Pointy adjudged to make Restitution Anno ...... Sir Edward Seymour Viscount Beauchamp afterwards Duke of Somerset and Lord Protector being Governor of this Island some English Privateers