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
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
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
Place And yet even those few were enough to have held it against a whole Army For the Land is so high and unaccessible on all Sides and the Steps leading up so steep and narrow that one Man arm'd only with Stones may 't have kept out a Thousand This Island notwithstanding was taken by a small Company of Flemings Subjects of K. Philip Husband of Q. Mary who coming in the Night to one of those Paths and finding it unguarded went up without Resistance and took the French Prisoners This is the Account which we have of that surprize from a Manuscript History of JERSEY written by an Anonymous Author in the Year 1585 But Sir Walter Raleigh who was sometime Governour of JERSEY and being a sagacious and inquisitive Person informed himself exactly of all the Singularities of these Islands gives a very different Relation of it For he says it was taken by a Stratagem which he preferreth to many of the Ancients The Island of Sark says he joyning to Guernezey and of that Government was in Queen Mary's time he should have said in King Edward the VIth's time surprized by the French and could never have been recovered again by strong hand having Cattle and Corn enough upon the place to feed so many Men as will serve to defend it and being every way so inaccessible that it might be held against the Great Turk Yet by the industry of a Gentleman of the Netherlands it was in this sort regained He anchored in the Road with one Ship and pretending the Death of his Merchant besought the French that they might bury their Merchant in hallowed ground and in the Chappel of that Isle Offering a Present to the French of such Commodities as they had aboard Whereto with condition that they should not come ashore with any weapon no not so much as with a Knife the French yielded Then did the Flemings put a Coffin into their Boat not fill'd with a dead Carcass but with Swords Targets and Harquebuzes The French received them at their Landing and searching every of them so narrowly as they could not hide a Penknife gave them leave to draw their Coffin up the Rocks with great difficulty Some part of the French took the Flemish-boat and rowed aboard their Ship to fetch the Commodities promised and what else they pleased but being entered they were taken and bound The Flemings on the Land when they had carried their Coffin into the Chappel shut the door to them and taking their Weapons out of the Coffin set upon the French They run to the Cliff and cry to their Companions aboard the Fleming to come to their Succour But finding the Boat charged with Flemings yielded themselves and the Place I have seen a Manuscript which confirms the taking of this Island by such a Stratagem but the other Circumstances of Time and Persons agree not with the foregoing Story From Queen Mary's time to this the French never set foot in a hostile manner on JERSEY ground Queen ELIZABETH had scarce any War with France all the time of her long and prosperous Reign She had another Enemy to deal with viz the Spaniard Whose aims at the universal Monarchy were defeated by the Felicities of that Queen But that incomparable Princess knowing that 't is a great part of Wisdom in the profoundest Peace to provide for War had even at that time a carefull eye on the safety of these Islands She begun that noble Castle in JERSEY which from her is to this day called Castle Elizabeth but lived only to finish that part of it which is above the Iron-gate and is called the upper Ward the lower parts having been since added to that Fortification King JAMES was a most pacifick Prince He thought these Islands in no danger while he lived and therefore took the less care for the Military defence of them But it was he that setled Religion in JERSEY and that brought Us to a Conformity to the Church of England A work doubtless more acceptable to God and for which his Name will be perpetuated amongst Us no less than if he had invironed this Island with a wall of Brass A work of all others the most congruous to his peaceable Reign Thus when God resolved to have a Temple among the Jews he chose the peaceable Reign of Salomon and not that of David tho' otherwise a most excellent Prince because he had been a Man of Blood We are come to a Reign full of Troubles that of King CHARLES I numbered among the Good but unfortunate Princes This Island had a deep share in the Sufferings of her King His early Match with a Daughter of France could not hinder a War from breaking out soon after betwixt the two Crowns In the Year 1627. the King sent Forces under the command of the Duke of Buckingham for the relief of Rochel And tho' that Expedition proved unsuccessfull yet the Landing of an English Army in the Isle of Rhee was so resented by the French that they resolved to revenge the Affront by a like Descent the Year following on the Isles of JERSEY and Guernezey Which design had been certainly executed had it not been timely discovered and notice thereof given to the Council in England Whereupon the Earl of Danby as Dr. Heylin who attended him in the Voyage informs us was ordered to go over into these Islands and to provide for the Safety and Security of them Which was done accordingly The Garrisons were re-inforced the Magazines were stored with all manner of warlike Provisions the People were exhorted to remember their ancient Loyalty to the Crown of England and all things were put into a posture of Defence But the French came not And to strengthen more and more the Isle of JERSEY against any Attempts that might be made from France new Fortifications were added to Elizabeth Castle which about that time became the Residence of the Governour Then began to be built that part of it called the lower Ward which takes up the ground whereon stood once the Church and Abby of St. Helier which work was carried on and finished in this Reign The Flame of an unnatural War being soon after kindled in the bowels of the Kingdom betwixt the King and his discontented Subjects the Island of JERSEY was secured for the King by Sir George de Carteret who held it several years against the whole power of the Rebels It pleased God in his infinite Wisdom to permit those wicked men to get the better of their King They beat his Armies out of the Field and seized his Person Yet even amidst all their Prosperities this little Island was still a Thorn and a Goad in their sides Ten or twelve small Frigats and Privateers were fitted out of JERSEY These so infested the Channel that not to mention the many Prizes they daily took from them and brought in here and into St. Malo's not an English ship could pass the Channel without
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
more than he had done for his Service That he was sorry the ill Posture of his Affairs was such that he could not promise him Relief requiring him not to throw away the Lives of so many brave Men who may 't be reserved for a better Occasion And in short to Capitulate and Surrender on the best Terms he could Which was done accordingly some Weeks after upon a very honourable Composition This being one of the last Garrisons that held for the King His Majesty being restored to his Crowns was pleased to remember the Loyalty and Services of his Subjects of JERSEY and as he conferred many Marks of his Royal Favour on Sir George de Carteret so he ever expressed great Kindness to the rest of the Inhabitants whom he took into his particular Protection among whom reciprocally the Name of K. CHARLES is never mentioned to this Day but with singular Veneration and Honour I shall only give one Instance of the Care which that Prince took of our Safety During the War betwixt France and this Crown which begun Anno 1665 he completed and with great Expence finished the Fortifications of Elizabeth Castle causing the Green that is betwixt the lower Ward and Charles Fort where an Enemy may 't have lodged himself in time of a Siege to be enclosed with Walls and planted with Ordnance there being now no ground within half a Mile of the Castle but what is taken into the Fortification or covered by the Sea at every half Flood which has no doubt brought a great Accession of Strength to the Place During the abovesaid War one Vaucour Captain of Chauzé which is a small Island possessed by the French not far from JERSEY was hanged in Guernezey by Sentence of the Court there for endeavouring to surprize and betray that Island to the French The Preservation of the Isle of JERSEY in the late amazing Revolution is under God chiefly owing to the great Prudence and Resolution of our Magistrates There was then a Popish Commander a Popish Priest and many Popish Soldiers in Elizabeth Castle Men that had Temptations and Opportunities enough in that Conjuncture to have called in the French and indeed we were not without great Apprehensions of it But matters were so managed that the Inhabitants were admitted to mount the Guard in the Castle by equal Proportions with the Soldiers of the Garrison which secured that strong Fortress against any Design which that Party may 't have had to deliver it up to the Enemy Nor must we pass under silence the signal Obligation we have to the Right Honourable the Earl of Bath who knowing the Danger we were in did upon the Prince's Landing in the West send his own Regiment to our Succour commanded by the Honourable Sir Bevil Granville his Lordship's Nephew at whose coming the Papists were disarmed and the Island was secured for the Prince And thus I have traced the History of this Island so far as relates to my present Design through the Reigns of our former Kings down to that of their present Majesties K. WILLIAM and Q. MARY under whose auspicious Government we promise our selves the same Happiness and Security which we have enjoyed all along under a long Series of so many Excellent Princes His Majesty was pleased with his own Royal Mouth to assure Us of his Care and Protection when Mr. Durel their Majesties Advocate together with the Author of these Sheets introduced by the Right Honourable the Lord Jermyn our Governour had the Honour to kiss his Majesty's hand and to Present him from the States of the Island the following Address To the KING 's and QUEEN's Most Excellent Majesties The Humble Address of the States of Your Majesties Island of JERSEY May it please Your Majesties WE acknowledge Your Majesties Great Goodness in giving Vs Access to Your Royal Throne and leave to lay this Address at Your Sacred Feet We are the Representatives of a People which tho' distinguished from others of Your Majesties Subjects in Language and peculiar Customs concurs with them in the common Interest of Your Kingdoms and yields to none in Zeal and Affection to Your Majesties Persons and Government We are Your Majesties Ancient Subjects The Remainder of that once goodly Patrimony which Your Renowned Progenitors had on the Neighbouring Continent rescued from the unhappy Fate of the rest by that great care which Your Majesties Predecessors in all their Wars with France ever took for the Preservation of this important Place extending upon all Exigencies their Protection to Vs and constantly supplying Vs with every thing needful for Our Defence Which by the Blessing of God has had that Success that tho' Our Situation exposes Vs to a Formidable Enemy who in the space of above Six Hundred years has often projected to Invade Vs and has sometimes actually attempted it he has been as often repulsed Insomuch that after the Revolution of so many Ages wherein whole Kingdoms have been torn asunder and divided from each other we have still at this day the Happiness of remaining united as at first to the rest of Your Majesties Dominions We humbly conceive this Island to be no less important to Your Majesties now than when it it was thought so in the time of Your Royal Ancestors since the known Endeavours of the French for some years to increase their Naval Power and their late bold entring the Channel and disputing with Your Majesties the Empire of the Sea is a pregnant Proof how greatly it would prejudice the Safety and Honour of Your Crown should they become Masters of This and the adjoyning Islands In this Conjuncture we think it Our Duty to assure Your Majesties that with the Divine Assistance we will defend this Place to the utmost for Your Majesties Service and that We wish to live no longer than we are Your Majesties Subjects Hoping Your Majesties will believe that tho' Our Tongues be French Our Hearts and Swords are truely English These two Last are entirely Your Majesties and the First are employed in nothing more than in celebrating Your Majesties great Virtues and just Praises and in beseeching Almighty God who hath so wonderfully placed You on the Throne and who by so many Miracles of his Providence hath hitherto preserved You thereon to continue his powerful Protection over You to go out with Your Fleets and Armies and to complete that Great Work for which he hath so evidently designed You which is to raise the Glory and Reputation of this Nation to put a stop to the boundless Ambition of the unjust Disturber of the Quiet of Christendom and to procure a safe and lasting Peace to Europe We are May it please Your Majesties Your Majesties most Faithful and Most Loyal Subjects c. I cannot better conclude this Chapter than with some of those remarkable Testimonies which our Kings have given of our Loyalty and Zeal for their Service in the many Charters by them granted to the Inhabitants of this Island
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
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