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
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
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
sed ibidem omnino terminari IX Insuper constituit quod nullus de libero Tenemento suo quod per Annum diem pacificè Tenuerit sine Brevi Domini Regis de Cancellariâ de Tenente Tenemento faciente mentionem respondere debeat neque Teneatur This was added to protect the Islanders against the Oppressions and Vexations of the then Governors This Article is now grown out of Use X. Item Quod nullus pro Feloniâ Damnatus extrà Insulas praedictas haereditates suas infrà Insulas forisfacere potest quin haeredes sui eas habeant XI Item Si quis forisfecerit abjuraverit Insulam posteà Dominus Rex pacem suam ei concesserit infrà Annum diem abjurationis revertatur ad Insulam de haereditate suâ plenariè debet restitui XII Item Quod nullus debet imprisonari in Castro nisi in casu Criminali vitam vel membrum tangente hoc per Judicium Duodecim Coronatorum Juratorum sed in aliis liberis Prisonis ad hoc Deputatis XIII Item Quod Dominus Rex nullum Praepositum ibidem prohibere debeat nisi per Electionem Patriotarum This Article regards Guernezey only where they have a Provost In JERSEY we have a Viscount but these two Officers are much the same XIV Item Constitutum est quod Insulani non debeant coram Justiciariis ad Assisas capiendas assignatis seu alia Placita tenenda respondere antequà m Transcripta Commissionum eorundem sub Sigillis suis eis liberentur XV. Item Quod Justiciarii per Commissionem Domini Regis ad Assisas capiendas ibidem assignati non debent tenere Placita in quâlibet dictarum Insularum ultrà spatium trium Septimanarum XVI Item Quod ipsi Insulani coram dictis Justiciariis post Tempus praedictum venire non tenentur XVII Item Quod ipsi non tenentur Domino Regi Homagium facere donec ipse Dominus Rex ad partes illas seu infrà Ducatum Normanniae venerit aut aliquem alium per Literas suas assignare voluerit in iisdem partibus ad praedictum Homagium nomine suo ibidem recipiendum XVIII Item Statutum est pro Tuitione Salvatione Insularum Castrorum maximè quia Insulae propè sunt juxtà Potestatem Regis Franciae aliorum inimicorum suorum quod omnes Portus Insularum benè custodirentur Custodes Portuum Dominus Rex constituere praecipit nè Damna sibi suis eveniant There are some other Articles which being also grown out of Use I purposely omit These Constitutions of K. John were afterwards renewed by his Son Henry III in a Letter to Philip de Aubigny Lord or Governor of these Islands Anno Regni 33 â— By these Constitutions We have a Jurisdiction established among our selves and our Properties secured against vexatious Suits and Evocations into England We have next the Charter of Edward III which is only General and Confirmative of former Grants We have Two Charters of Richard II The First General and the same with that of Edward III both contained in an Inspeximus of Henry IV. The Second more Particular exempting Us for ever from all manner of Taxes Imposts and Customs in all Cities Market-Towns and Ports of England Quodque ipsi viz. Insulani Successores sui in perpetuùm sint liberi quieti in omnibus Civitatibus Villis Mercatoriis Portubus infrà Regnum nostrum Angliae de Omnimodis Theloniis Exactionibus Custumis talitèr eodem modo quo fideles Ligei nostri in nostro Regno praedicto extiterunt The Charter of Edward IV extends this Priviledge to all Places within the King's Dominions beyond the Seas Concessimus eidem Genti Communitati quod ipsi Haeredes Successores sui sint liberi quieti in omnibus Civitatibus Burgis Villis Mercatoriis aliis Villis Portubus Locis infrà Regnum nostrum Angliae infrà omnes Terras Insulas nostras citrà vel ultrà Mare sit as vel situatas de omnibus Theloniis Custumis Subsidiis c. There is also a Clause in this Charter that confirms all Our Ancient Rights Liberties and Franchises infrà Insulam i. e. within the Island whereby is meant among other Things an Exemption and Immunity from all Taxes and Subsidies within the same which Exemption is the Ancient Priviledge of this Island and has been peaceably enjoyed by Us to this Day Et etiam quod dicta Gens Communitas ejusdem Insulae de JERESEY Haeredes Successores sui habeant gaudeant omnia Jura Libertates Franchisias sua infrà eandem Insulam c. It were too long to mention the following Charters and Grants of Henry VII Henry VIII Edward VI Q. Mary Q. Elizabeth and so down to our Time In general by them all the foregoing Priviledges are ratified explained and enlarged with ample Additions and We are made equal in point of Commerce with the rest of Their Majesties English Subjects I shall insist somewhat longer on a very singular Priviledge belonging to Us in common with the other Islands of this Tract which is a Freedom and Liberty of Trade in these Islands and the Seas adjacent for Merchants of all Nations in Time of War as well as in Time of Peace I shall first set down this Priviledge in the Words of our Charters and then shall proceed to shew what has been said of it by Writers and what appears thereof upon Practice Cùmque nonnulla alia Privilegia Jurisdictiones Immunitates Libertates Franchisâ—ae per praedictos Progenitores Precedessores nostros quondam Reges Angliae Duces Normanniae ac alios praefatae Insulae indulta donata concessa confirmata fuerunt ac à tempore cujus contrarii Memoria hominum non existit infrà Insulam Loca Maritima praenominata inviolabiliter Vsitata Observata fuerunt de quibus unum est quod tempore Belli omnium Nationum Mercatores alii tà m alienigeni quam indigeni tà m hostes quam amici liberè licitè impunè queant possint dictam Insulam Loca Maritima cum Navibus Mercibus Bonis suis tà m pro evitandis Tempestatibus quà m pro aliis licitis suis Negotiis inibi peragendis adire accedere commeare frequentare libera Commercia Negotiationes ac rem Mercatoriam ibidem exercere ac tutò securè commorari inde recommeare ac redire toties quoties absque damno molestiâ seu hostilitate quácunque in rebus mercibus bonis aut Corporibus suis idque non solùm infrà Insulam Loca maritima praedicta ac praecinctum eorundem verùm etiam infrà Spatia undique ab eisdem distantia usque ad visum Hominis id est quatenùs visus oculi posset assequi Nos eandem Immunitatem Impunitatem Libertatem ac Privilegium ac caetera omnia praemissa ultimò recitata rata grataque habentes
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