AN ACCOUNT Of the Isle of JERSEY. This may be Printed. Novemb. 28. 1693. EDWARD COOK. 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 FALL, 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, etc. To keep the Sea, and to purvey for the Navy, and to defend the Isles of JERESEY, and Guernezey. Sir Robert Cotton's Abridgement 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 Fleetstreet, 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 removed 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 raised You up, and which are one day to be wrought by Your Means. Ever since our Ancient DUKES exchanged 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 unblemished to this Day. What profound Veneration than 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 Fall. 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 'tis fit the Nation should understand the Interest it has in the Preservation of that Place, which, of all other Their Majesty's 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 a De Insulis Britannicis, p. 854. and others b Hollingshead's Description of Britain. p. 32. Speed's Theatre of Great Brit. l. 1. Ch. 48. p. 94. , is Dr. Heylin's Survey c Survey of the Estate of the two Islands Guernzey, and JERSEY with the Isles appending; according to their Polity and Forms of Government both Ecclesiastical and Civil. By Peter Heylin D. D. London, 1656. 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 Us, 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 Use of Archbishop Laud, than Bishop of London, and without any design of making it Public (as appears in that it was not Printed till after the Archbishop's Death, viz. Anno. 1656, almost Thirty years after it was written) 'tis evident he aimed not so much at an Account of Us, 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 † These Islands have Conformed since. . However, in the main, we have reason to be satisfied with his undertaking; and to applaud ourselves in the Character he gives of Us 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 United, and the great advantage these Islands are of to England for the security of the Channel. These Islands, says he, d Survey, p. 293. 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 surprisal of Normandy by the French Forces, could be no persuasion 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 embroiled at home, the People valiantly made good their own, and faithfully returned unto their first obedience. In aftertimes 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 Eyesore 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 Traffic 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 Intercourse to nothing. An opportunity neglected by Our former Kings in their Attempts upon that Nation, as not being then so powerful 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 little after speaking of the great Privileges granted by the Kings of England to the Inhabitants of these Islands, he adds c Pag. 294. These Privileges and Immunities, seconded of late days with the more powerful Band of Religion, have been a Principal occasion of that Constancy wherewith they have persisted faithfully in their Allegiance, and disclaimed even the very name and thought of France. For howsoever the Language which they speak is French, and that in their Original, they either were of Normandy, or Bretagne, yet can they with no Patience endure to be accounted French, etc. Thus far Dr. Heylin. But a Native of these Islands being much fitter to give the World a full and exact Account of them, than one that had but a Transient view of them, and that wrote but on the Information of others, that Task was some years since undertaken by Mr. Poingdestre a Gentleman of JERSEY lately Deceased, one of the Jurats of the Royal Court of that Island, and one admirably accomplished for such a Design. For besides that he was a Person of universal Learning, he came to it with this peculiar advantage, that he had an accurate Insight into the Laws, Customs, and Privileges of this Island, and had made such a Collection of Antiquities relating thereunto, as well from Printed Books as from Original Papers and Records, especially those of the Tower and Exchequer (to which he had easy Access in the time of his Attendance on the Court during the Reign of King Charles I.) that I believe few things worthy of Observation escaped his Sedulity and Enquiry. The Book was long since ready for the Press, but has never appeared otherwise than in private hands, for what reason I cannot certainly tell. It was my good Fortune to procure a Transcript of it in the time of the Author, who was my Neighbour and my singular good Friend; to which his Son has since added a Supplement of other useful Manuscripts found among his Father's Papers, with full Power to Publish them as my Own. But I am not so vain as to Arrogate to myself the Praise due to another Man's Labours. Therefore I do freely acknowledge that, in the present Work, I do but write after that excellent Man's Copy; And tho' I allow myself the Liberty of altering his Method, supplying his Omissions, and leaving out, or but slightly glancing at some things which he more largely insisted on; and, in a word, making such Changes in the whole, as that to any One that considers both, they may appear to have been different Designs; yet still I must own that the Foundation on which I build is His, and a great Part of the Materials employed in this Work are His also. I have likewise received some help from those imperfect Notes which Philip Dumaresq Esquire, Seigneur of Samares, another of the Magistrates of JERSEY, and a very ingenious and inquisitive Person, imparted to me some time before his Decease. He had begun a Survey of this Island, and had made a good Progress in it, but Death gave him not leave to finish it. Let none despise this Work, because it Treats of a Country of so narrow an Extent, and that makes so little noise in the World. For as the Power and Wisdom of God are no less seen in the Production of the smallest Infects, than of the more glorious Parts of the Creation, so his Providence is no less to be admired in the Preservation of the smallest States, than of the greatest Empires of the Universe. Indeed it must be a Matter of Astonishment to any considering Man, that, in the space of almost Eight hundred years, wherein strange Vicissitudes have happened in the most powerful Monarchies, scarce any sensible Change has been felt in this Island; unless it be that of Religion, which (God be thanked) we have no reason to be sorry for. But if ever the mighty hand of God was seen in any thing, 'tis in that wonderful Deliverance he has wrought for Us, throughout the Succession of so many Ages, from a Formidable Enemy, that lies in a Manner contiguous to Us, and which, in that long Period of Years, has neglected few Opportunities of increasing its Dominions, and dilating on every side its Frontiers. Every one that reads this knows I mean the French, to whom the slightest Pretence has been always Ground enough to invade their Neighbours, and who could have wanted none such to invade Us (oftener than they have done) had not the same God that stills the Raging of the Sea, and bids it go thus far, and no farther, set a Bound to their Usurpations and Encroachments on this Side. What vast Acquisitions have they not made in those Eight Hundred Years? How many Battles have they fought! And how many Victories have they won! They have reduced those goodly Provinces, which were once part of the Ancient. Gaul, but had been erected into distinct Sovereignty's, which are now reunited to that Crown: As Bretagne, Provence, Dauphiné, Burgundy, Lorraine, and others. They have regained those which the English with so much Glory, and at the Expense of so much Blood, had won from them heretofore; or which were the old and undoubted Patrimony of our Kings; or had been acquired by Alliances and Marriages with the Heiresses of those Provinces, as Normandy, Poitou, Anjou, Maine, and Aquitaine. They have pierced through the Pyrenées, and the Alps, and carried their Arms into the Bowels of Italy. They have passed the Meuse and the Rhine, and made their Cannon to be heard in Brussels, and Amsterdam. They have improved their Navigation to a Degree, as strikes a Terror into other Nations; and they who once knew little beyond their own Coasts, cover now the Ocean with Mighty Fleets, and have enlarged their Empire beyond some of the remotest Seas. And yet these very Men that used to be attended with such wonderful Success, have been always defeated in their Attempts on this Island; as if that small and narrow Current, that divides our Shore from their Continent, had, by some secret Order of Heaven, been decreed to be a Stop to their Conquests, which, on all other Sides, have forced the strongest Barrieres of Nature, and whose swift Progress, neither Hills, nor Rivers, nor Seas have been able to obstruct. I think every one that owns the Providence of God in the Care and Government of the World, must acknowledge something Extraordinary in this, and must give him the Honour and Glory of our Deliverance. 'Tis indeed a singular Mercy of God, that, in all this time, we have not been swallowed up by a Power that has oppressed so many States of Europe, and those much more powerful, and at a greater Distance than We. For besides the Loss of our Civil Liberties, and falling under a Yoke so uneasy to all that bear it, what could we expect but the Loss also of what is infinitely more Valuable to Us, viz. Our Holy Religion, and a deep Share in those horrid Persecutions that have laid Waste a most flourishing Church, and have forced some Hundred Thousands of innocent People to quit their Habitations, and seek in Foreign Countries that Liberty of serving God according to their Consciences, which they were not suffered to enjoy at home? Whereas by our remaining united to the Crown of England, We live under a most easy and gentle Government: We are subject to a most merciful Throne, from which we derive infinite Acts of Grace and Favour, and to which we are never denied Access under our Pressures: We enjoy the best Religion, and have Communion with the best Reformed Church in the World. May that Great God who presides over Human Affairs, and in whose Hands are the Fates of Nations, continue these Blessings to Us, the Inhabitants of this Isle; and may we ever walk worthy of them! May we, so long as the World endureth, remain united to that Crown, from which, under God, these Blessings flow to Us! May Their Majesties, by great and repeated Victories, soon reduce their Enemies into a Necessity of Defending their own, instead of invading the Dominions and Territories of others! And may the whole English Nation be excited into a generous Compassion of those Dangers that surround Us, and be wrought into a Belief that we cannot perish without, at least, a great Diminution of their Glory! ☞ The Reader may take a Character of that Great Man, mentioned in the Preface, from the following Inscription engraven on a fair Monument set up for him in the Parish-Church of St. Saviour, where he lies Interred. D. O. M. S. JOHANNES POINGDESTRE Armiger, Heîc juxta situs, Vir, dum viveret, In omni Scientiarum genere eruditissimus, Utriusque praesertim juris peritissimus, Graecanicis litteris ita doctus, Ut priscis illis Athenis oriundum, natum, diceres. CAROLO PRIMO Sanctissimo Regi & Martyri Diu ab Epistolis. Quo caeso, Post horrendos Bellorum Civilium motus, Quibus, Regiis partibus constanter addictissimus, interfuit, Huc remeans, In amplissimum Senatûs nostri ordinem ascitus, Olim etiam Vice-Ballivus, Multis maximisque exemplis editis, Pietatis in Deum & Ecclesiam, Fidei in Principem, Charitatis in Patriam, Omnigeni Officii in Singulos, Bonis hisce Artibus senescens, Ad summam aetatem provectus, Maturus Coelo, Desideratissimus Terris, Placidissimâ tandem morte obdormivit in Domino, IVo Non. Sept. Anno Dom. MDCXCI. Aetatis LXXXIII. Patri Optimo, Amantissimo, Exiguum hoc Pietatis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Moerens Filius, CAROLUS POINGDESTRE, P. C. THE CONTENTS. CHAP. I. A Short History of the Island. CHAP. II. Description of the Island. CHAP. III. Military Government. CHAP. IU. Civil Jurisdiction. CHAP. V. Religion. CHAP. VI Convention of the Estates. CHAP. VII. Privileges. A New & Accurate MAP of their MAJESTY'S Island of JERSEY. Drawn from the Survey of Philip Dumaresq Esq. Seigneur of Samares, by Tho: Lemprier Philomat. The Arms and Seal of the Island and Bayliwick of JERSEY. Given by K. Edward I. Anno Regi●●. Gules Three Leopards passant gardant ●r. London Printed for john Newton at the 3 Pigeons ●veragainst the Inner Temple Gate in Fleetstreet 1694. AN ACCOUNT Of the Isle of JERSEY. CHAP. I. A Short History of the Island. WE have no certain Account when, or by whom, this Island was first Inhabited: Which will not seem strange to any that considers the great Uncertainties of Primitive Plantations. We want not our Legend, which may't perhaps deserve as good Credit, as those whereon some of the Greatest Nations build their Fabulous Original. This seems to be more certain; That this Island was known, and in some esteem, in the time of the Romans; as appears from the Emperor Antoninus his Itinerary a Itinerarium Provinciarum omnium Antonini Augusti. Paris. 1512. pag. 89. De Mari Oceano Gallico & Britannico. In Mari Oceano quod Gallias & Britannias interluit; Insulae Orcades, Insula Glota,— Vecta, Riduna, Sarmia, (ceu Sarnia) CAESAREA, etc. (The three last are Alderney, Guernesey, and JERSEY.) , where it is mentioned under the Name of CAESAREA, (tho' 'tis uncertain again from which of the Caesars it was so called) and as appears likewise from the Remains of Roman Camps and Fortifications yet to be seen in this Island: One of those Fortifications being by Ancient Tradition called to this Day, La petite Caesarée, no doubt, because it was a Camp of one of the Caesars. The Modern Name of JERSEY, GERSEY, or GEARSEY, is thought to be but a Corruption of that of CAESAREA b Cambden de Insul. Britan. pag. 854. : For eye in the the Language of those Northern Nations which overrun Europe about a Thousand Years ago, signifies an Island, as in the word Angles-ey, (i. e. the Isle of the Angles) And Jer, Gerard, or Gear, is a Contraction of Caesar, as in the Name of Cherburg, or Gerburg, an Ancient Town of Normandy, so called from the Latin Caesaris-Burgum. JERS-EY is as if one should say, Caesar's Island. It was also some time known under the Name of AURIA: For so it is called in that Donation which Childebert King of France, who reigned from the Year 511 to 558, made of this, and the other Islands, to Samson Archbishop of Dol in Bretagne: Which Donation is found in the Life of that Bishop, an Ancient MSS preserved in the Archives of Dol, and attested by Dargentré c Hist. de Bretagne Lib. I. Ch. XXVIII. p. 132. A cest Archevesque [viz. St. Samson] Childebert donna quelques Isles & Terres en Normandy, de Rimoul, Augian, Sargian, & Vesargian, qui estoint Isles en la cost; Car je trouve tout cela aux Vielles Lettres. [These Isles of Rimoul, Augian, Sargian, and Vesargian, are the same that are now called Arm, JERSEY, Serk, and Guernezey.] . And so likewise it is called in an old Fragment taken out of the Abbey of Fontenelles in Normandy, mentioned by Du Monstier in his Neustria Pia d De Abbatiâ Fontanell. pag. 155. Ex Libro Miraculorum S. Wandregisilli Abbatu Fontanellae. , and extant in the third Tome of Andrea's dn Chesne his Scripto res Coaetanèi Histor. Franc. In which Fragment, near as ancient as Charlemain, 'tis said concerning Geroaldus' Abbot of Fontenelles, that, Is quadem Legatione fungebatur jussu Caroli Augusti, in Insulam cui nomen est AUGIA, & est adjacens Pago Constantino. i e. That he was then discharging the Office and Function of Imperial Legate, by Command of Charles the Great, in an Island whose name was AURIA, and is adjacent to the Town of Coûtance [in Normandy.] 'Tis very plain that this AURIA, where Geroaldus was sent, could be no other than JERSEY; which lies directly opposite to, and within view of Coûtance, and is usually known and described in ancient Writers by that very Character. Thus Gregorius Turonensis (speaking of JERSEY) calls it; Insulam Maris quod adjacet civitati Constantinae e Histor. Franc. Lib. 1. Cap. 18. : Aymonius Monachus, calls it Insulam Maris, quae adjacet Constantiae f De Gestis Franc. Lib. 3. Cap. 26. pag. 99 . Papirius Massonius, Insulam Constantini Littoris g Annal. Lib. I. p. 52. and Gaguinus, Insulam Constantianae Dioecesis h Hist. Franc. Lib. I. pag. 1. in Chilperic. . The Learned Mr. Poingdestre is of opinion that the Name of AURIA is the ancient Name of this Island, and that it was so called among the old Natives, and Neighbours (the Lexobii and Armorici, who inhabited Normandy and Bretagne) long before the Romans called it CAESAREA, and the Normans corruply after them JERS-EY; and that this Name was also for some Ages after continued among them. However that of CAESAREA, or JERS-EY, has in length of time quite prevailed, and outworn the other. AURIA has been the ancient Name of other Places. In Homer i Iliad. Lib. II. we find 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, i. e. The lovely AURIA. It was a Town of the Locrians in Greece. And to this day a part of Normandy is called Normannia Augiaca, i. e. Le Pais d'Auge k Robertus Coenalis de Re Gallic. Lib. II. Perioch 5. Ludovicus de AURIA, & Johannes de AURIA, Abbates Cornevillae. Diaec. Rothomag. an. 1230. & 1472. Neustria Pia, pag. 877. . This Island was, in Old Time, Parcel of the Province of Neustria (corruptly so called for Westria, Westenrick, or West-France, because seated on the most Western shore of the great Empire of the Franks, which extended from the Sea to the Banks of the Danube; as the more Eastern part was called Austria, Oostenrick, or East-France,) and with the rest of that great and rich Province was given to Rollo and his Normans, Originally Danes and Norwegians, who from their own Name called the said Province Normandy: Given (I say) by Charles IV, surnamed the Simple, King of France, in the Year 912: From which time to this, this Island never returned to that Crown, as the rest of that Province hath since done; tho' it was not added to the Crown of England till the Year 1066, when William surnamed the Bastard, and the sixth Duke of Neustria, or Normandy, from Rollo, invading England and Conquering it, transferred that Dukedom, and with it this Island to the English Diadem. By which account it appears, that, reckoning from this preset time 1693, it is not less than 781 years since this Island was dismembered from the Crown of France, by the Donation of Charles the Simple: that it hath been 154 years under the Descendants of Rollo, while they continued Dukes of Normandy only; and that 'tis 627 years since 'tis subject to the Kings of England. This gives the Inhabitants of this Island, the Preference in point of Antiquity, to most others of Their Majesty's Subjects; Ireland not being subdued till the Reign of Henry TWO, nor Wales reduced till that of Edward I, nor Scotland united till the beginning of this last Century; to say nothing of Foreign Plantations which are yet most of them of a later Date. I speak not this to derogate from the Honour of Kingdoms and Principalities which do vastly exceed Us in Expansion of Country, and have brought a far greater Addition of Power to the English Empire; but to show Their Majesty's ancient and indisputable Right over Us, together with that long and faithful Subjection which our Fathers have paid to that Crown which Their Majesties derive from a Succession of so many Royal Progenitors. We find but little in ancient History concerning this Island till the coming of the Normans, who struck such Terror in all places where they passed, that in the public Litany, after these words, From Plague, Pestilence, and Famine, was added, and from the fury of the Normans, Good Lord, deliver us! By the advantage of their Shipping they ransacked the Maritime Coasts of France, burning and destroying all before them. They were Pagans, and therefore their Fury fell more remarkably on Churches and Religious Houses, Persons and Things consecrated to God l E vitâ MSS. S. Viventii Episcopi, Tom. III. Hist. Gall. Scriptor. Coaetan. pag. 435. Anno DCCCLXVIII. post Ludovicum ac caeteros pr●potentes R●ges, regnante Carolo Juniore, supra modum grassatae sunt undique Infestationes Paganorum: deficientibus tam Regum quam caeterorum nostorum Principum ad repugnandum viribus. Ergò vulgari Plebe passim gladio & fame percunte, igne pariter concremabantur hominum res & aedificia qu●que, praecipueque Sanctorum loca, & Ecclesiae Universae; earum verò Ministri, id eft, Clerici & Monachi crudeliùs damnabantur; Altaria funditùs eversa dehonestabantur, Sepulcra etiam Sanctorum absque Reverentiâ violabantur; Siquidem haec Clades sicuti primitùs it à acerbiùs in INSULIS seu Territoriis Occidentalibus acmari contiguis desaeviit, etc. . No place could be more open and exposed to their Incursions than this Island, where they committed the same horrid Outrages they did elsewhere; leaving Us, among others, this Monument of their Cruelty. There dwelled at that time in this Island a Devout and Holy man, famous amongst Us to this day for the Austerity of his Life, whose little solitary Cell▪ hewn out of the hard Rock is yet to be seen in a small Islet close by Elizabeth Castle: His name Helerius, or Helier, mistaken by some for St. Hilary Bishop of Poitiers, who was never here m Cambd. de Ins. Brit. p. 854. Sanctum Hilarium Pictaviensem Episcopum huc relegatum, & Sepulturae traditum, ferunt. . Him the Normans slew at their coming into this Island, adding thereby, to other things which this Island Glories in, the honour of having given a Martyr to the Church. For under that Name we find him Recorded in the Kalendary or Martyrology of Coûtance; in these words, XVII. Kalend. Aug. Constant. in Normannia. Festum St. Helerii Martyris à Wandalis in GERSEIO Insulâ occisi. And the Author of Neustria Pia speaks thus of him, and of the place of his Martyrdom, n In S. Helerio, Cap. I. pag. 712. Vid. etiàm And●e●● Saussayi. Episcop. Tull. Martyrolog. Gallic. 16 Julii. GERSEIUM, GERSOIUM, seu GRISOGIUM, vulgò GERSE▪ Insula est ad Mare oceanum, Dioecesis Constantiensis; in quam S. Praetextatus Archi●piscopus Rothomagensis, posteà Martyr, relegatus est, an. 582. Illustrior autem haberi coepit ex quo S. Helerius illic à Wandalis Martyrii palmam accepit; Nam in honorem hujusce Inclyti Athletae Christi constructa est infignis Abbatia, à Domino Guillelmo Hamonis, viro nobili & antiqui Stemmatis apud Neustrios Hero, in quâ Canonicos Regulares Ordinis S. Augustini posuit; ac tandem ipse excessit è vitâ 21 Novembris; cujus sic Meminit Obituarium Caesaris-Burgi, XI Calend. Decemb. Guillelmus Hamonis qui fundavit Abbatiam S. Helerii in GERSOIO. These Wandals from whom St. Helier received the Crown of Martyrdom, were no other than Normans, those Names being used promiscuously. But of this famous Abbey erected to his Memory, there is not a stone left standing. It was built in the same place where is now the lower Ward of Elizabeth Castle. So much as was left of that ancient Building was pulled down An. 1691. to enlarge the Parade. From this Holy man the chief Town in the Island is called St. Helier. His Martyrdom must fall about the Year 857. After that Rollo and his Normans were peaceably settled in Neustria, and in these Islands, by Agreement with Charles the Simple, that wild Nation mixed itself with the Old Inhabitants, grew Civilised, and embraced Christianity; and this Island enjoyed great Tranquillity under the Government of those Dukes that succeeded Rollo, and who fill up the whole space betwixt him and William the Conqueror in the Order following. ROLLO first Duke of Normandy, who at his Baptism took the Name of Robert. WILLIAM Surnamed Longue Espée, from his long Sword, Son of Rollo. RICHARD I. the Son of Longue Espée. Vid. Gulielm. Gemeticens. de Ducibus Norman. Tho. de Walsingham Ypodigma Neustriae. RICHARD II. Son of Richard 1 RICHARD III. Son of Richard II. ROBERT Brother of Richard III. This Duke preserved Edward the Confessor from the Fury of Canute the Dane who had invaded England, and slain Edmond Ironside Brother of Edeward. He set out a powerful Fleet to restore him to his Kingdom; but being long detained by contrary Winds at Guernezey o Abrégé de L'Histoire de Normandie par un auteur Anonyme à Roven, 1665. Ch. III. p. 106. WILLIAM the CONQUEROR. he was forced to return to Normandy, re infectâ. WILLIAM II. Bastard Son of Robert, Surnamed the CONQUEROR, from his Conquest of England. While the Conqueror lived, he kept England and Normandy as close linked together as their Situation would permit; residing sometime in the one, and sometime in the other. He died in Normandy, and lies buried at Caen, where I have seen his Tomb. 'Tis but a low plain Altar Tomb that has nothing of Magnificence in it. It stands in the middle of the Choir of the great Abbey Founded by himself; and has two Inscriptions on it; one on each side; The first expressing the Quality of his Person, and the Union of England and Normandy under him p Qui rexit rigidos Normannos atqu● Britannos, etc. : The other signifying how that Monument had been defaced by the Huguenots during the heat and rage of the Civil Wars, and had been repaired by the Monks An. 1642. Duke ROBERT Son of the Conqueror. After the Death of the Conqueror, England and Normandy were parted again; England falling to the Lot of William Rufus second Son of the Conqueror, who in the absence of ROBERT his elder Brother, seized the Crown, and kept it while himself lived; Normandy, with these Islands, remaining in the Possession of ROBERT, who made a shift to hold them during the Reign of his Brother Rufus. There was a Pact of mutual Succession betwixt the two Brothers. But Rufus being suddenly killed by the glance of an Arrow as he was hunting in the New Forest, while Robert was with Godfrey of Bovillon and other Noble Adventurers fight against the Sarrazins for the recovery of the Holy Land, the Crown was again seized by Henry Beauclerk, third Son of the Conqueror, and so Robert twice one after the other excluded from the Succession of England by his younger Brothers. Still nevertheless he kept possession of Normandy and of these Islands. He was a brave, but unfortunate Prince. He won such Reputation in the Holy War, that after the taking of Jerusalem, he was, by common Consent of all the Princes in the Christian Army, chosen King of that newly conquered▪ Kingdom: But having then the Crown of England in his eye, he declined that honourable Offer; after which, it has been observed that he never prospered. For at his return from the Holy Land, he found not only that Crown, which was his by Right of Primogeniture, fast on the head of young Beauclerk, but himself reduced to the necessity of defending Normandy against his Brother, who plainly now endeavoured to out him of all. The War grew hot betwixt them; in which the Fortune of Henry prevailing, Duke Robert was taken, his eyes put out, and himself imprisoned in Cardiff Castle, where he languished about Twenty six years in great Misery, till with the extreme Indignities his Brother continued even then to put upon him, his great Heart broke. The Body of this injured Prince lies interred in the Cathedral Church of Gloucester, in as mean a Tomb as that of his Father at Caen, for I have seen both. Were Men allowed to search into the Counsels and Judgements of God, one would be very apt to suspect, that the misfortune which, sometime after, befell King Henry in the loss of his Children, shipwrecked in their passage from Normandy to England, was an effect of the Divine Vengeance and Indignation for his Cruelty and Injustice to his Brother. The young Princes (the eldest of whom bore the Title of Duke of Normandy q Abrégè de L'Hist. de Normand. Ch. IU. p. 130. , and with it the weight and load of his Father's sin) were driven by the storm among these Islands, and were cast away upon Casket r Chronique de Normandy par Mesgissier. Ch. LII. p. 132. , a dangerous Rock two Leagues West of Alderney, where they miserably perished. HENRY I. After the Reduction of Normandy, and of these Islands, by HENRY, he declared them unalienable from the Crown of England s Cambd. de Ins. Brit. p. 855. Spectarunt olim hae Insulae ad Normanniam; sed cum Henricus Primus, Rex Angliae, Robertum fratrem Anno Christi MCVIII. debellàsset, Normanniam & has Insulas Angliae Regne adjunxit. : in which State they remained under the succeeding Reigns of, STEPHEN. STEPHEN of Blois, Grandson of the Conqueror by his Daughter Alice. HENRY II. HENRY II. Son of Maud the Empress, who was Daughter of Henry I. RICHARD I. RICHARD ay, Surnamed Coeur de Lion, Son of Henry II. King JOHN. But under the unfortunate Administration of King JOHN, who was Brother of Richard I, and succeeded him in the Kingdom, the Dukedom of Normandy (tho' not these Islands) was lost on this occasion. Henry TWO had, among other Sons, these Three following. (1.) Richard, to whom he left the Kingdom, and who died without Legitimate issue. (2.) Jeffrey, who died in his Father's Life-time, leaving a Son called Arthur, Duke of Bretagne, in Right of his Mother: And, (3.) John Count de Mortain in Normandy, afterwards King. Upon Richard's Death, the right of Succession devolved on Arthur, his Second Brother's Son: But John stepped in betwixt him and the Crown; whereupon the young Prince applies himself to Philip Augustus' King of France, for Protection and Succour against his Uncle that had stripped him of his Inheritance. The French, who have always found their advantage in our Civil Distractions, and have accordingly always improved and fomented them, were glad of the opportunity offered. A Quarrel was picked with King John on the Prince's account, but so managed that it soon appeared that perfidious Nation pursued their own ends more than the Interest of the Prince whose Title they had undertaken to defend: Which the Prince himself seeing, reconciled himself once to his Uncle; but that held not long. To be short, the poor Prince fell into the hands of the exasperated King, by whom he was shut up close Prisoner in the Castle of Roven in Normandy, and soon after was found dead in the Castle-ditch; whether made away by the Jealousy of his Uncle, as some suspect, or that himself not brooking so severe a Restraint, and endeavouring to escape, perished in the Attempt, as is given out by others, is uncertain. Upon this, Philip Augustus, to embroil more and more the King's Affairs, chargeth King John with the Murder of the Prince; and on pretence that he was his Vassal for what he held in France, citys him before the Parliament of Paris to answer the Accusation: Where, the King not thinking it consistent with his Dignity or Safety to appear, was condemned as a Felon, and as such declared to have lost and forfeited his Right to Normandy, and to all other Estates which he held as Fiefs of that Crown; which were seized accordingly; an Army being ready to execute the Summary Sentence; and the King's hands so full of other business at home, that he was forced to sit still, and see those fair Provinces torn from him, without being able to apply a suitable Remedy to so great an Evil. The French having thus possessed themselves of Normandy, invaded these Islands. Twice they entered them, and twice they were beaten out of them again t Rot. Placit. coràm Johanne de Fresingfield, etc. Justiciar. Itiner. in Insul. Anno 2. E. 2. Guillielmus Demareys qui sequiturpro domino Rege allegat quod quidam Rex Franciae exhereditavit Dominum Johannem Regem Angliae de ducatu Normanniae, & tum: idem Rex Franciae per du●s vices ejecerat praedictum Dominum Johannem Regem, etc. de his Insulis, & illas occupaverat tanquàm annexas praedicto Ducatui. Et praedictus Dominus Johannes Rex vi armatâ per binas vices reconquestavit has Insulas super ipsum Regem Franciae, & à Secundo Conquesto suo ipse & posteri sui Reges Angliae Insulas istas tenuerunt huc●sque, etc. . The Inhabitants had under their Dukes contracted a great Aversion to the French, and stood stoutly on their own Defence. The King himself looking on them as the last Plank left of so great a Shipwreck, and that they would always serve to show his Right to that Dukedom to which they had once belonged, and might perhaps one time or other be a means to recover it, resolved to keep them whatever they cost him; and accordingly hastened himself over hither, and was twice in Person in JERSEY u Rot. Edw. 2. : Which he caused to be fortified; and gave special Order for the Custody and Safeguard of the Castles w Constitutiones & Provisiones constitutae per Dominum Johannem Regem postquam Normannia alienata fuit, etc. in Turri Lond. Artic. XVIII. Statutum est pr● Tuitione & Salvatione Insularum & Castrorum, & maximè quia Insulae prop● sunt, & juxta Potestatem Regis Franciae & aliorum inimicorum nostrorum, quod omnes Portus Insularum benè custodiantur; & Custodes Portuum Dominus Rex constituere praecipit, ne damna sibi & sui● eveniant. and Ports which before lay too open to the Enemy. To this King therefore we owe our Preservation. From him we have many Excellent Laws and Privileges, which he granted us at his being here, and which have been confirmed to us in aftertimes by his Successors, Kings and Queens of England. Him, for that reason, we must consider as our special Benefactor; and whatever ill things may be otherwise said of him, must in Gratitude have a Veneration and an Esteem for his Memory. HENRY III. K. John died An. 1216. His Son HENRY III was so plagued by his Rebellious Barons, who had set up the Title of Prince Lewis of France, Son of Philip Augustus, against his Father and Him, (which pretended Title of Lewis was in right of his Wife, Daughter of the Queen of Castille, 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 Session 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 x Mandatum est Baronibus de Quinque Portibus, quod si opus habuerit (Ricardus Grey Custos Insularum) & illud eye scire fecerit, in ejus auxilium veniant, ità quod Dominus Rex eos, etc. T. Rege apud West. 16 die Maij An. Regni X. , commanding them whenever these Islands were attacked, 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 Governor) of these Islands, obtained a great Naval Victory over the French, who were going over into England with Supplies to Prince Lewis. y Matt. Paris. Hist. Angl. in Hen. III. Pag. 286. EDWARD I. 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 z Claus. 23. E. 1. M. 6. Cedul. Brevia facta de Petitionibus hominum GERES. & Gernes retornatis de Consilio in Autumpno. Vn. Regni Regis E. 23. Vid. Ryley's Placita Parliamentaria in Appendice, pag. 467, etc. 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 signalised themselves, or sustained any considerable Loss on that Occasion. Which Gratifications were among others, extended to some of the Clergy a Ibid. Edwardus, etc. dilecto & fideli suo, Henrico de Cobham Custodi Insular. de Gerneseye & GERESSEY, & ejus Locum Tenenti, Salutem. Quia accepimus quod Ecclesia S. Elirij in Insula de GERSEY vacat ad praesens per Mortem Nicholai de Ponte quondam Parsonae ejusdem Ecclesiae, & nos Ranulphum filium Petri Maret Clericum, quia gravia & diversa dampna sustinuit per Conflictum nuper habitum in praedictâ Insulâ inter Homines ejusdem Insula, & quosdam alienigenas inimicos nostros, gratiose prosequi volentes, vobis mandamus quod eidem Ranulpho Ecclesiam— prae aliis— praeferatis— T. Meipso apud Westm. 29 die Augusti An. Regni nostri 23. who, in these Islands, have always been Examples to others of Zeal and Affection to the English Government. EDWARD II. EDW. III. I shall pass over the Reign of EDWARD TWO, and come to that of EDWARD III, wherein some things more memorable occur 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, b MSS. 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 show their Fidelity to the Crown of England. They raised a Contribution of 6400 Marks (which was a great Sum 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, joined 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 Signior 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 downright Invasion. Of him it is that Guillelmus Brito an Ancient Poet, speaks in his Philippidos c Lib. VII. pag. 307. . 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 d Sir Rob. Cotton's Abridgement of the Records in the Tower of London, pag. 29. 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 e Sir Robert Cotton ut sup. pag 90. . 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 Splendour of their Courts amongst Us. While the Victorious Edward pursued his Conquests, and died the Fields of Cressy and Poitiers with the best Blood of France, these Islands were safe under the Protection and Shade of his Laurels. 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 f Holinshed ad Annum 1372. pag. 407. Froissard. Tom. 1. Fu●illet 247. Histoire de Bertrand du Guesclin, Connestable de France, par du Chastelet. L. 5. §. 12. pag 205. , 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 Castille, attacked the same Island g Chronique de Flanders, anciennement composée par Autheur incertain; mice en Lumiere par Denis Sauvage de Fontenailles Historiographe du Roy Tres-Chrestien Henry II. a Lion MDLXII. Ch. CIV. Pag. 217. . The French ransomed it for a Sum 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 h Histoire de Bertrand du Guesclin. L. 6. §. 6. pag. 242. Dargentré. Histoire de Bretagne L. 7. Chap. 263. pag. 597. 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 i Tho. Walsingham, Hist. Angl. ad An. 1360. seu 34. Edw. III. pag. 176. Rex verò Angliae & Haeredes sui, omnes Insulas, patriis praedictis adjacentes, tenebunt, unà cum INSULIS quas tenet in praesenti. that those Islands which he possessed on the Coast of France should remain his as before. RICH. II. I find little Action relating to these Islands in the time of RICHARD TWO, Son of the Black Prince; nor much in that of HENRY IU. HENRY IU. This only excepted, viz. that Penhovet k Dargentré Hist. de Bretagne L. X. Ch. CCCXLIV. Pag. 794. Admiral of Bretagne, having worsted the English in a Sea-sight, pursued his advantage, and entered the Isles of JERSEY, and Guernezey, which he plundered, but durst not sit down before the Castles. This happened An. 1404. HENRY V. 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, l Camb. de Insul. Brit. p. 854. Ad Ori●ntale latus quà Constantiam Urbem ex adverso prospectat, praeruptae rupi Castrum affigitur Munitissimum, elato nomine Mont-Orgueil, quod Plurimum Henrico V. Instauratori debet. 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. m Chronique MSS. de L'Isle de JERSEY. Ch. V. 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 Mauleurier, 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 surprise, or (as others think) by the connivance 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 showed all imaginable kindness to the Inhabitants, inviting them by the offer of many large Grants and Privileges to acknowledge him, and renounce their Allegiance to England, he could never prevail on the Inclinations of a People who were enraged 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. EDW. IU. 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 blocked 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 awhile the thoughts of these Islands; so that we hear no more of them under EDW. V. RICH. III. HENRY VII. HEN. VIII. 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. EDW. VI 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 n Holinshed ad Annum 1549. pag. 1055. Histoire de Normand Ch. 7. pag. 284. , 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 Centre 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 manned, 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 killed 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 Persuasion 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. Q. MARY. 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 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 armed 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. Marry,) 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 surprise from a Manuscript History of JERSEY, written by an Anonymous Author in the Year 1585. o Chronique de l'Isle de JERSEY, MSS. Ch. XXXIV. But Sir Walter Raleigh, who was sometime Governor 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, p Hist. of the World, Part I, Book IU. Ch. II. §. 18. joining to Guernezey, and of that Government, was in Queen Mary's time, (he should have said in King Edward the VIth's time) surprised 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 Chapel 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 filled with a dead Carcase, but with Swords, Targets, and Harquebusses. 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 Chapel, 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 q MSS. Ph. de Carteret Baronetti, Domini de S. Oven, nuper de●uncti. S●rcenses Insulani, praed● avidi, adulteriis pharis & ignibus nautas & mercatores noctu ad Naufragium impellebant, ut eis jactura Commodo cederet; quod cum aliis Riensibus quibusdam Anglis & Winchelsensibus factum est; undè commoti ipsi, cum non possent palàm ulcisci injuriam, ●an● dolo rem aggressi sunt. Finxerunt mortuum Dominum navis; rogant Insulanis ut liceat eye in suo Sacello s●pelire; concesserunt, eâ tamen Lege ut comitarentur Corpus inermes. Rienses igitur Pheretrum implerunt arm●s & ensibus; pro mortuo efferunt; Insulam & sacellum sunt ingressi; Pheretrum aperiunt: incautos Sercenses invadunt, ob●runcant, Insulam vastant. 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. Q▪ ELIZABETH. 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 'tis a great part of Wisdom in the profoundest Peace to provide for War, had even at that time a careful 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. K. JAMES I. King JAMES was a most pacific 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 settled 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 environed 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 Solomon, and not that of David, tho' otherwise a most excellent Prince, because he had been a Man of Blood. K. CHARL. We are come to a Reign full of Troubles; that of King CHARLES' ay, 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 unsuccessful, 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 r Survey of the Estate of the two Islands, Guernezey and JERSEY, pag. 182. 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 reinforced; 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 Governor. Then began to be built that part of it called the lower Ward, which takes up the ground whereon stood once the Church and Abbey 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 Frigates 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 Convoy. ☜ Which brought so great an Interruption to Trade, and Charge to the Nation, that it was then understood of what Consequence the keeping of these Islands is to England; and a Resolution was taken to spare no Cost for the Reduction of JERSEY. This is an example which methinks should never be forgotten▪ and I purposely insist thereon to show what a fatal Error it would be to suffer the French to possess themselves of these Islands (seated as they are in the Channel) where instead of their own shallow Bays and Creeks, they would find good Roads and safe Harbours, if not for their greatest Fleets, at least for their Piracies. While matters stood thus in England, Prince Charles (who was afterwards King Charles TWO) came to JERSEY, where he was received with a Joy equal to the Honour we received from his Presence amongst Us; tho' even this was not without a great mixture of Sorrow for the Detention of his Royal Father, who was then close Prisoner in Hurst Castle, a most unhealthy place, seated on a Point of Land that shoots far into the Sea, destitute of fresh water, and annoyed with the Salt and stinking Vapours that arise out of the neighbouring Marshes, and for that very reason probably made choice of by the infamous Regicides to weary the good King out of his Life, whom they were resolved one way or other to remove out of the World. A Project was form by some of our Loyal Islanders to rescue the afflicted King out of his Captivity, and to bring him to JERSEY, where the Prince then was. The King was privi●y acquainted with the Design, and was pleased to Consent to his removal to JERSEY. But when the thing came to be executed, it was unhappily defeated by the vigilancy of his Majesty's Keepers, or rather by an unsearchable Providence which had decreed to make of that best of Kings the greatest Example of injured and oppressed Innocence that has been in the World since our blessed Saviour. It is nevertheless no small satisfaction to Us, that, while too many others of his Majesty's Subjects looked unconcerned on his unparallelled Sufferings, we did our honest endeavours for the Preservation of his sacred Life, so that at whosesoever door the Gild of that Blood may lie, we of this Island have, blessed be God, no otherwise contributed to the shedding of it, than by our sins in general, which, added to the heap of the sins of the Nation, drew down that heavy Judgement on Us all. K. CHARL. ●●. After the barbarous Murder of that blessed King, his Son, the undoubted Heir of all his Dominions, was immediately Proclaimed, and his Title recognized in JERSEY. His Majesty was pleased once again to make some residence amongst Us. He came the Second time to JERSEY, attended by his Royal Brother the Duke of York, and several of the Loyal Nobility that adhered to him in his Exile. Neither must I omit a very singular Honour which his Majesty did our little Island during his abode there. He himself took a Survey of it, and being well skilled in the Mathematics, did with his own Royal hand draw a Map of it, so accurately done, that, to this day, it is carefully preserved among a Collection of other noble Curiosities of Art and Nature, in the Heer Van Adlershelm's famous Cabinet, at Leipsich in Germany s Dr. Brown's Travels, p. 172. , where it is seen by Travellers. About this time Charles Fort was built, which is an Out-work to Elizabeth Castle, that commands the entrance and approach to it on the Landside His Majesty being invited to a Treaty with the Scots, he left JERSEY again, but so highly satisfied with those many Demonstrations of duty and affection, which, in his greatest Distress, he had received from the Islanders, that, while he lived, he was pleased to retain a grateful, and a generous Sense of them. The Treaty with the Scots went on successfully. The King was Crowned at Scoone, Jan. 1. 1650, and soon after came into England at the head of a Royal Army to dispute his Right with the Usurpers of his Kingdoms. The two Armies encountered at Worcester Sept. 3. 1651; where it pleased God again to give the Rebels such Success, that the King not only lost the day, but was forced to abscond with great danger of his Person, till he found a passage into France, where he Landed the 22d. of October following. In the mean while, the Parliament in England was making great Preparations for the Reduction of JERSEY; being strangely alarmed at the taking of so many of their Vessels by the Privateers of this Island t Whitlock's Memorials An. 1649. Jan. 23. Letters that the Prince sent to Dunkirk for some Frigates for JERSEY; that he gave Commissions to French Renegadoes to take Prizes of all English Merchants, and to bring them to JERSEY. That they took a good Ship of Lime— Anno 1650. Feb. 21. Letters that several Merchant men have been taken on the Western Coast by the JERSEY Pirates.— Febr. 26. Letters that two Dutchmen laded with Salt, came to an Anchor within half a League of Dartmouth Castle. That presently after two JERSEY Pirates came up with them, cut their Cables, and carried them away. That the Castle shot at them, but could not reach them.— March 1. 1650. Letters of JERSEY Pirates very bold upon the Western Coast— March 6. Letters of several Ships taken by the Pirates of JERSEY— March 15. Of the want of Frigates upon the Western Seas to keep in the Pirates of JERSEY.— March 17. Of the JERSEY Pirates taking several Merchant ships, and none of the Parliament Frigates to help them.— March 19 Letters of the Piracies committed by those of JERSEY.— Novemb. 30. Letters that the JERSEY Pirates took two Dartmouth Ships, and three other Ships.— Anno 1651. April 17. Letters of the JERSEY Pirates taking two Barks laden in sight of Portland.— April 21. Of more Prizes taken by the JERSEY Pirates, and of Captain Bennets fight with two of them four hours— July 14. That five English Vessels were taken by Boats of JERSEY carrying four or five Guns apiece.— July 18. Letters of two Prizes taken by a JERSEY Frigate, of eight Guns, twenty four Oars, and eighty Men; and that there were twelve of those Frigates belonging to JERSEY.— August 7. Letters of much Damage done by the JERSEY Pirates.— Sept. 27. Letters of the JERSEY Pirates doing much mischief upon the Western Coast. , who continued to annoy the Channel, and were grown so bold that they would set upon English Ships in the very Harbours. A Fleet of about Eighty Sails, increased afterwards to a greater Number, was set out for that Expedition, under command of Admiral Blake; while Major General Hains headed the Forces designed for the Descent. The Fleet appeared in sight of the Island, October 20. 1651. and the same day came to an Anchor in St. Oüen's Bay. The Bay lies open to a Westerly wind, which blows in so violently the greatest part of the Year, and rolls in such a Sea, that 'tis very unsafe for Shipping. But the same unaccountable Success that used to attend the Rebels in other places attended them here. All the time they lay in this Bay, they had so smooth a Sea, that, in the Memory of man, the like had not been known at that Season of the year. Which was no small Discouragement to our People, who thought it in vain to sight against men that seemed to have the very Winds and Seas to sight for them. But that indeed which quite dispirited them, was the unhappy News they received at that time of the King's defeat at Worcester, which came accompanied with a Report, (tho' false) of his being taken in endeavouring to escape. This brought such a Consternation amongst them, and so sunk their Courage, that they, who at another time would have most gladly sacrificed their Lives to promote his Majesty's Affairs, were ready to have laid down their Arms, had not the extraordinary Conduct and Gallantry of their Governor, Sir George de Carteret, brought them on to fight. The first day, and the night following, nothing was attempted by the Enemy u Relation MSS. de la Prise de l' Isle & d●s Chasteaux de JERSEY, par les Rebelles d' Angleterre. Trouv●e parmy les Papiers de f●u Sire George de Carteret. . The next day, Octob. 21. early in the Morning, their Cannon began to play; which was answered by several little Forts and Redoubts in the Bay, and by twenty four Brass-Field-Pieces which attend the Militia upon occasion. Some of the lesser Frigates drew so near the Shore that they made use of their Smallshot, which was answered with equal Bravery by our Men, who wading into the very water, fired briskly upon the Enemies, calling them Rebels, and Traitors, and Murderers of their King. The Battery lasted Four hours, after which the whole Fleet drew off, and went to St. Brelard's Bay (distant about a League from that of S. Oüen) where being all come to an Anchor, they sent back a Squadron to St. Oüen, the place where they were before, and sent others towards St. Aubin's Bay, and towards St. Clement, and Grouville, meaning to tyre and distract our Troops by making a show 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 Moonshine, the Enemies were observed to ship off in several flat bottomed 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. Oven, 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 tacked 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 w Whitlock's Memorials ad Annum 1651. Nou. 30. Letters that Col. Haines with his Forces anchored at JERSEY. They were desperately charged by a Body of Horse.— 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 'tis 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 Frigates 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. 'Twere needless to mention the Sequestrations x Whitlock ad An. 1651. Jan. 3. Ordered that the Commissioners for compounding, do send over some to Sequester the Estates of those in JERSEY. , 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 rejoicing in England for the taking of JERSEY y Id. ad An. 1651. Nou. 3. The Parliament ordered that the Ministers of London and Westminster, do on the 5th of November next, in their several Congregations, give thanks to God for the gaining of JERSEY Island. . 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 Sum of Money. 'Tis certain that a Letter came about that time to the Men at Westminster z Id. ad An. 1651. Letters that Jermyn & Greenvil were sent to Paris, to advise about selling of JERSEY to the French. , informing them that the late Earl of St. Alban, 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, merely 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 adjoining Buildings, burying above Fourscore Persons of the Garrison under the Ruins thereof. This Accident caused a great Consternation in the Garrison, and hastened 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 Expense 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 surprise, and betray that Island to the French. K. JAMES II. 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. K. WILLIAM and Q. MARY. 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 ourselves 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 Majesty's Advocate, together with the Author of these Sheets, (introduced by the Right Honourable the Lord Jermyn, our Governor) had the Honour to kiss his Majesty's hand, and to Present him, from the States of the Island, the following Address a Feb. 6. 1692. Gazet. No. 2844. To the KING's and QUEEN's Most Excellent Majesties. The Humble Address of the States of Your Majesty's Island of JERSEY. May it please Your Majesties, WE acknowledge Your Majesty's Great Goodness in giving Us 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 Majesty's 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 Majesty's Persons and Government. We are Your Majesty's 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 Majesty's Predecessors, in all their Wars with France, ever took for the Preservation of this important Place: extending upon all Exigencies their Protection to Us; and constantly supplying Us with every thing needful for Our Defence. Which, by the Blessing of God, has had that Success, that tho' Our Situation exposes Us to a Formidable Enemy, who, in the space of above Six Hundred years, has often projected to Invade Us, 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 Majesty's 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 entering 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 adjoining 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 Majesty's Service, and that We wish to live no longer than we are Your Majesty's Subjects: Hoping Your Majesties will believe, that, tho' Our Tongues be French, Our Hearts and Swords are truly English. These two Last are entirely Your Majesties, and the First are employed in nothing more than in celebrating Your Majesty's 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 Majesty's most Faithful, and Most Loyal Subjects, etc. 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, quam 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 tàm Pericula Corporum, quam suarum dispendia Facultatum, ac proinde volentes ipsos favore prosequi gratioso, Concessimus, etc. 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 surprised it. EDOARDUS Dei Gratiâ Rex Angliae, & Franciae, & Dominus Hiberniae, Omnibus ad quos Praesentes Litterae pervenerint, Salutem. cum 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, etc. Queen Elizabeth's Charter begins thus. ELIZABETH Dei Gratiâ, etc. 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, tàm Regum Angliae, quam Ducum Normanniae, ac aliorum, quamplurimis Juribus, Jurisdictionibus, Privilegiis, Immunitatibus, Libertatibus, & Franchisiis, liberè, quietè & inviolabiliter usi, freti, and gravisi fuerunt, tàm infrà Regnum nostrum Angliae, quam 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 quam corundem Progenitorum nostrorum, constanter, fideliter, & inculpatè perstiterunt, & perseveraverunt, liberaque Commercia cum Mercatoribus, & aliis Indigenis ac Alienigenis, tàm Pacis quam Belli Temporibus, habuerunt & exercuerunt, etc. 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, tàm pro assiduâ Tuitione ejusdem Insulae & Loci, quam pro recuperatione & Defensione Castri nostri de Mont Orgueil infrà praedictam Insulam nostram de JERESEY, sustinuerunt, indiésque sustinent: non sol●m ut Regia nostra Benevolentia, favor, & affectus ergà praefatos Insularios illustri aliquo nostrae Beneficentiae Testimonio, ac certis indiciis, comprobetur; verum etiàm 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, etc. 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, etc. To Our trusty and wellbeloved, 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 Dependences, a Portion remaining as yet unto Us in possession of Our ancient Dukedom of Normandy; and have been, and are the rather moved thereunto, both for their entire and inviolate Fidelity born by them towards Us, 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, etc. For these Causes know therefore that We have nominated You, to be Our Commissioners, etc. I shall only add this notable Passage of that great Oracle of the English Law, the Lord Chief Justice Coke: b IV. Part of the Instit. Ch. LXX. pag. 286. The Isles of JERSEY and Garnsey, did of ancient time belong to the Duchy 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 Duchy 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 POSSESSION OF THESE ISLANDS (BEING ☜ PARCEL OF THE DUCHY OF NORMANDY) ARE A GOOD SEISIN FOR THE KING OF ENGLAND OF THE WHOLE DUCHY. CHAP. II. Description of the Island. Situation of JERSEY. 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. Latitude and Longitude. It lies (according to Mr. Samar●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. Dimension. In Length it exceeds not 12 Miles: The Breadth, where it is broadest, is betwixt 6 and 7. Figure. 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. diagram 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 itself, 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. diagram Inequality of the Surface. 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 sweet, it is cut into sundry fruitful 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, etc. 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. Nature of the soil. 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 overrun with Sands, that the Island on that side beareth the Image of a Desert. This is said to have happened by Divine Vengeance c Ex MSS. Philippi de Carteret, Domini de S. Oüen, etc.] In Insulâ JERSEY Solum fuit soecundissimum, quod Canvetoes appellant, in Parochi● Sancti Brelardi. Nemo se satis divitem in Insulâ putabat nis● illic praedium haberet. Contigit Anno Dom. ●irciter 1495, quod quinque Hispaui●● Naves illic fecerunt mediâ hyeme naufragium, ad Festum Cath. Qu●tuor naves aquis obrutae. Quinta ad Littus perjecta homines (prater unum) servat incolumes. Reliqui omnes absorpti. Insulani diripuerunt earum sicus, vina, merces, & bona: Nec potuerunt Monitoriis, etiam & Anathematibus, res recuperare. Factum tandem, ultione Divinà, ut Insula arenâ sive Sabulo, quod erat eâ parte ab occidente in medio Maris, ventis perflata fuerit, & universam illam Agrorum foecunditatem vastaverit. Nunc Canvetos vocant. on the Owners of those Lands, for detaining the Goods of Strangers that had been shipwrackt on that Coast, though enjoined by the highest Censures of the Church to restore them. There must be from time to time such public 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. Fertility. The Island produces all Manner of Trees, Shrubs, Fruits, Roots, Flowers, and Herbs Medicinal, Aromatic, or Esculent, all Sort of Pulse and Corn as groweth in England, the latter indeed not in the same Quantity nor Perfection; Pulse and Corn being generally here of a smaller Size. Since the great Improvement of Cidar, there is so little Malt made in this Island, and consequently so little Barley converted to that Use, that it serves to the poorer People to make Bread of, which to the Eye appears indeed black and course, but is very wholesome and nourishing, and not ungrateful to the Palate. When Dr. Heylin came into this Island, he found the People more addicted to Tillage and Husbandry, than to Manufactures, and Navigation: And accordingly in his Cosmography d Lib. I. pag. 197. he says, That the Island is generally very fruitful of Corn, whereof the Inhabitants have not only enough for themselves, but some Overplus to barter at St. Malo's with the Spanish Merchants. The matter is much altered since the Doctor was here. The People have changed their Inclination: And the Island doth not now produce that Quantity as is necessary for the Use of the Inhabitants, who must be supplied from England, or France (in time of Peace) or from Dantzick in Poland, to which Last they did very much resort of late, invited thither by the Cheapness of the Market. Decay of Tillage. This Decay of Tillage amongst Us has sprung from a Coalition of such Causes as these; As, (1) From the Improvement of Navigation, and Foreign Commerce, which took away many hands which were before employed in working at the Ground, and which brought us Corn from Outlandish Markets, cheaper than the Husbandman could afford it at home. (2) From the increase of the Stocking-Manufacture, which, to speak truth, has rendered the generality of our poorer People idle and lazy, and has given them an aversion to Husbandry, as a more painful Occupation. (3) From the conversion of the best Arable grounds into Gardens and Orchards for the groweth of Cidar, a Commodity with which we are now overstockt, while we want the more necessary Support of Life. Tho' it must be confessed that since the present War, which has ruined our Trade, our People, sensible of their Error, and pressed by the evident Necessity of the thing, have applied themselves with more Industry to an Exercise which they had neglected, and have begun to put their hands again to the Plough. So that we may soon grow up to a condition of subsisting, if not wholly from ourselves, yet with a little help from England. Enclosures. I may't have named another great Obstruction to Tillage, but such a one as can hardly now be removed. 'Tis the prodigious augmentation of Enclosures, Fences, Hedge-rows and Highways, which, tho' they add much to the Beauty, and perhaps Strength of the Island, yet hold they no Proportion with the Bigness thereof, and waste a great deal of good Land which may't be turned to better Account. For I am of Opinion that these which I have mentioned, together with the Gardens, Orchards, Situation, Avenues, and Issues of Houses, take up very near one Third of the whole Island. One is not to imagine such Fences here as in England, but great Bulwarks of Earth (for so I think I may properly call them) raised with great Labour and Expense, from 6 to 8, and sometimes 10 Foot high, with a Thickness and Solidity answerable to the Height, planted with Quicksets or Timber-Trees, many of them faced with Stone to a competent Height, as you see the outside of a Curtain or Rampart in a Fortification. And for such they may't serve against a prevailing Enemy, to whom we may't dispute every Field. But still I say, they are attended with this Inconvenience, that they are too much multiplied, and take up too much Ground, in a Country where there is already little enough in Proportion to the inhabitants. These Enclosures are great Enemies to the Pleasure and Diversion of Gentlemen, who cannot well hunt, especially on Horseback, but about the Seacoasts, where a few of the worse Grounds remain open, or enclosed with low Fences. Highways. Having mentioned the many Highways as great wasters of the Ground, I shall add that there are three Sorts of them in this Island. (1) Le Chemin du Roy, i. e. The King's Highway, which is to be 12 Foot broad, besides 2 Foot more on each Bank or Side, in all 16 Foot. (2) Le Chemin de 8 pieds, i. e. The 8 Foot way, of 8 Foot in the middle, and 4 Foot by the sides, in all 12. (3) Le Chemin de 4 pieds, i. e. The 4 Foot way; like the Roman Actus, serving only for Carriages on Horseback. Over all these there are, in every Tything, particular Officers appointed to inspect them: And yearly about Midsummer, there is a Perambulation of the Magistrates in one or more of the Parishes, to inquire in what Repair these ways are kept, which is performed very solemnly. The Constable of the Parish where the Perambulation is to be, taketh with him 12 of the Principal Men of his Parish, and meets the Judge attended by 3 or more of the Jurats on Horseback: Before whom rideth the Viscount, or Sheriff, with his Staff of Office erected, one End thereof on the Pommel of his Saddle. In ancient times it was cum Lanceâ, with a Lance. He keeps the middle of the way, the Constable and his 12 Men walking on foot by his side; and when his Staff encountereth with a Bough or Branch hanging on the way, the Owner of the hedge is Fined: But if the fault be in the bottom of the way, not the Party bordering, but the Overseers for that Tything are amerced. Perquages. We had anciently another way, and of very different Use, called Perquage, from the word Pertica, because it was exactly 24 Foot broad, which is the measure of a Perch. There were but XII of them in the whole Island, beginning one at every Church, and from thence leading strait to the Sea. The Use of them was to conduct those who for some Capital offence had taken Sanctuary in any of the Churches, and had been forced to abjure the Island, according to an ancient Custom practised amongst Us in those days e Petition in Parl. An. 30. E. 1. Vid. Ryley's Placita Parliam. in Appendice, p. 602. . Having abjured, they were conducted by the Churchmen along those Perquages to the Sea, which Perquages were still a Sanctuary to them; for if they strayed never so little, they lost the benefit of the Sanctuary, and were liable to the Law. These Perquages may be ranked among the Singularities of this Island, but the Reformation that abolished Sanctuaries, abolished these also. Agriculture. Our manner of Agriculture differs from that of England. I shall mention one thing only which I thought singular to This, and the adjoining Islands, till I found it used likewise in those of Feroe f Description of the Isles of Feroe by Lucas Jacobson Debes M. A. and Provost of the Churches there. : Which is, that Nature having denied Us the benefit of Chalk, Lime, and Marle, has supplied Us with what fully answers the end of them in Husbandry. 'Tis a Seaweed; but a Weed more valuable to Us than the choicest Plant that grows in our Gardens. Vraic. We call it Vraic; in ancient Records, Veriscum, and sometimes Wreccum; and it grows on the Rocks about the Island. 'Tis gathered only at certain times appointed by the Magistrate, and signified to the People by the public Crier on a Market-day. There are two Seasons of cutting it: the one in Summer, the other about the Vernal Equinox. The Summer Vraic, being first well dried by the Sun on the Sea shore, serves for Fuel, and makes a hot glowing fire; but the Ashes are a great improvement of the Soil, and are equivalent to a like quantity of Lime. The Winter- Vraic being spread thin on the green Turf, and after buried in the furrows by the Plough, 'tis incredible how with its fat unctuous. Substance it ameliorates the ground, imbibing itself into it, softening the Clod, and keeping the root of the Corn moist during the most parching heats of Summer. In stormy weather, the Sea doth often tear up from the Rocks vast quantities of this Weed, and casts it on the Shore, where it is carefully laid up by the glad Husbandman, there being particular Officers appointed for the Distribution thereof to all, by certain fixed and adequate Proportions. Hedge-rows and Orchards. The Genius of the Soil is naturally much inclined to Wood, and the humour of the People suits with the Genius of their Soil. The whole Island, especially the more inland Part, is so thick Planted, that to any that takes a Prospect of it from some higher ground, it looks like an entire and continued Forest, altho' that in walking through it, not a Wood, nor hardly a Coppice is to be seen, but many Hedge-rows and Orchards. Nothing can be imagined more delightful than the Face of this Island, when the Trees, which are set along the Highways, and in the Avenues of Houses, are covered with Verdure, and the Orchards are full of Blossoms. For as the one affords a pleasant shade, so the other recreates the Eye, and perfumes the Air with a sweet Fragrancy. But still it must be confessed that so much shade is prejudicial to the growth of Pasture and Corn. Tho' we have much Wood we have but little good Timber. For almost all our Trees are pollard's; which is not so much an effect of Choice, as of necessity. The Husbandman being obliged to bring his Trees to a Standard, by Lopping of those spreading and Luxuriant branches which, if let alone, would cover his little Plots and Enclosures, and suffer nothing to grow under them. Cidar. The ordinary Drink of this Island is Cidar: an ancient Liquor, since we find it mentioned both by Tertullian and St. Augustine. The former calls it succum ex pomis vinosissimum. The other writing against the Manichees, who objected to the Catholics that they were men addicted to Wine, whereas themselves abstained wholly from the Use of it, he answers, not by denying the Objection, but by telling those Heretics, That altho' they refused to drink Wine, they would quaff very freely of another Liquor made of the Juice of Apples, far more delicious than Wine, or any other Liquor whatsoever. From these Passages of Tertullian, and St. Augustine, who were both Africanes, Cardinal Du Perron (who by the way was born in JERSEY of Protestant Parents) thinks this Liquor was first known in Africa g Perroniana, sive excerpta ex ore Cardinalis Perronii. Genev. 1661. in voce Cidre. pag. 56. & iterum pag. 205. , and from thence passed into Spain, among the Biscainers, whose Northern Situation and Icy Mountains were too cold for the tender Vine, and who therefore improved this hardy Tree, that lives and grows under any Climate. The Normans, who are almost the only People in France unacquainted with the Grape, transplanted the Apple from Biscay into their Province, from whence we have it in this Island. I do not believe there is any Country in the World, which, on the same extent of ground, produceth so much Cidar as JERSEY. Mr. Samarés his way of guessing at the quantity of Cidar made in the whole Island, was, to allow one Vergée (which is about half an English Acre) of Orchard to every house, which will amount to 3000 Vergées, that being near upon the number of Habitations in this Island: Now, allowing two Tuns to a Vergée it will arise to 6000 Tuns, or 24000 Hogsheads; which is 500 Tuns, or 2000 Hogsheads for every Parish one with an other. 'Tis not to be imagined the Island should produce the same quantity every Year. The years alternate. A good Year is usually succeeded by a bad one. But a good Year commonly supplies Us for that, and the next ensuing, beyond use and necessity, even to Excess and Debauchery. For this vast quantity of Cidar must be wholly consumed among Ourselves, little or none being exported abroad; tho' it be the only product of the Island of which we have an Overplus to spare. For a remedy to this Evil, there was an expedient once found by some of our Merchants: which was to buy up this Supernumerary Cidar, and distil it into Brandy, which they afterwards sold into England. But the new Additional impost laid upon those Liquors by Act of Parliament, has obstructed that Trade, which served to take off from our hands a superfluous Commodity that ministers now only to Drunkenness. Many of our Orchards are planted after the manner of the famous Quincunx h Quid Quincunce speciosiùs, qui in quamcunque partem spectaveris rectus est? Quintilian. Arbores pari intervallo sitae, recti or lines, & omnia perpulch●è in Quincuncem directa. Cicero in Cat. Maj. , and all of them in an Order that gives them a Beauty beyond what I have observed in Gloucester or Herefordshire, where appears little Exactness in the Position and mutual Aspect of the Trees. Nor is there better and larger, more generous and vinous Fruit, than what grows in this Island; but we have it in such Plenty, that 'tis not possible we should use the same nice Exactness in gathering it, and improving afterwards by Art such a Sea of Liquor as is drawn out of it, which is used in other Parts, where there is less Fruit, and consequently less Work required about it. But were the same method practised here as in England, viz to cull the choicest Fruit (whereas we mix all confusedly together) and then ferment, rack and bottle our Cidar, I do not doubt but a great deal of it might, for Taste and Colour, dispute it with the so much admired Red-strake. I have often drank some that was not at all inferior to it. About 140 years ago there was so little Cidar made in this Island, that the Inhabitants were necessitated to apply themselves to Queen Mary then Reigning, for leave to transport yearly out of England, among other Provisions, 500 Tuns of Beer for their Use, Custom-free, besides 150 Tuns more for the Garrison, which she granted in the First year of her Reign. Mead, and Apiaries. Our ancient Drink was Mead. For then this Island abounded with large and numerous Apiaries, which thrived exceedingly but since the increase of Cidar, they are much decayed; tho' to this day Honey made in this Island surpasses all I have Tasted elsewhere. Springs and Fountains. Could Men be satisfied with the common Drink of Nature, Water I mean, no People in the World are more liberally stored with that than we of this Island. 'Tis in my Opinion the great Wonder of this Island, that whereas 'tis but as it were a great Rock, standing in the midst of the Salt Sea, it abounds, beyond what is seen in any other Country under Heaven, with fresh and excellent Springs, which gush out of the hard Rock, and bubble up every where, running in a thousand pretty Brooks and Streams among the Dales, till they lose themselves in that great Receptacle of waters, the Ocean. There is hardly a house that has not such a Spring or Brook near it. Such as have them not, tho' seated on the top of the highest Hills or Cliffs, have Wells; and they seldom need to dig above six or seven Fathoms ere they meet with most pure and wholesome water. Mineral-water. Nor do we want water for Physic no more than for common Use. We have a Fountain of excellent Mineral water, in the Judgement of the Learned Dr. Charleton, late Precedent of the College of Physicians in London, now residing in this Island, who has tried the water, and approved it. Beef and Mutton. Beef and Mutton here is of the smallest kind, but so tender and good, that I have heard many English Gentlemen prefer it to that which is eaten in most Parts of England; whereof I can imagine no other reason than the shortness of our Grass, which has not that Rankness in it, which is peculiar to richer Pastures. Those famous Sheep with six horns, three of each side, one whereof bend forwards towards the Nose, another backwards towards the Neck, and the third stood erected right upwards in the midst of the other two, mentioned by Writers i Cambd. de Ins. Brit. pag. 854. Terra satis Fertilis variis frugibus & Gregibus abundat; oves habet multas, & ex eye plurimas quatuor (he should have said Sex) Cornibus conspicuas. as one of the Singularities of this Island, are become very rare. Horses we have more than enough for the Use of the Cart and Plough; but not many good for the Saddle. Such as they are, they are no doubt exceeding hardy and strong, and will endure more Fatigue than those of a more generous Breed. I never heard of any Mad-Dogs in this Island. Game. Our constant Game is only the Hare and Rabbit. There are neither Bucks, Stags, Deer, Foxes, nor Wolves in this Island, which require larger and more spacious Countries to range in. Fowl. Of Fowl we have Plenty enough of all sorts; whether Barn Fowl, Wild Fowl, or Sea Fowl, whose different Species I need not enumerate. Here are to be seen the famous Sorland Geese, whose Equivocal Generation from a rotten piece of Wood, tossed long in the Sea, and impregnated with Nitre and Salt, is received by many amongst Us for Truth. I have met with very credible Persons who have assured me that they have often seen those Birds yet sticking to the Plank, some no bigger than Mushrooms, and almost of that shape; others a little more brought into form; others perfectly ●ledged, and just ready to fly. We call them Bernacles, and they are only seen about the Sea, and in very cold Wether. JERSEY-Partridge. The JERSEY-Partridge with red Feet, Pheasant's Eyes, and Feathers of various Colours, is one of the beautifullest Birds in Nature, and is usually sent alive into England, to Persons of Quality, as a great Rarety; but the flesh is not much better than that of the common grey English Partridge. The many Hedges in this Island breed and afford shelter to an infinite Number of small Birds, who chant it merrily all Spring and Summer-long, and delight the Traveller with their pretty Melody. But the poor Husbandman pays dear for that Music, for they are very destructive to his Corn and Fruit. Fish. Our Market is all the year long well stored with Excellent Fish, some common to Us with England, other peculiar to this Place. For Shellfish, we have Oysters, Lobsters, Crabs, etc. in great Plenty, and extraordinary Cheap. We have also the Ormer, which is a Fish scarce known out of these Islands. Ormer (says Mr. Poingdestre) is a Contraction of Oreille de Mer (Auris Marina) a Name given to it because of its Form, which resembleth the Ear of a Man. The Fish within the Shell is a solid Lump of white Pulp, very sweet and luscious. The Shell in the inside is of the Colour of Mother of Pearl, and is used in carved Works. It has no Under-shell like the Oyster, but the Fish clingeth to the Rock with the Back, and the Shell covers the Belly. 'Tis only found at low Water-marks, in great Springtides. For flat Fish we have infinite store of Rays, some with Prickles, some without them; large Turbots, Soles, Flounder, and Plaise of 2 or 3 Sorts. For Scale-fish, we have Base, which come by Shoals so near the Shore, that Cart-loads have been taken at a Draught, some a Yard long: Mullets, both grey and red, the Last a firm and most delicious Fish. But the most common, and to be had at all times, is a Fish we call Vrac, in shape and taste very much like a Carp, and may be called the Sea-carp, with several others. For coated Fish, such as are known amongst us by the Names of Haus, Rousses, Roussets, etc. we have them in great Abundance, and they are bought by the poorer People (for they are but a course Fish) or by those of the better sort for Servants and Labourers, almost for nothing. But the Sea about JERSEY and Guernezey, may be styled the Kingdom of conger's. They are found there at all Seasons, and some of them have been known to weigh from 40 to 50 l. Otho de Grandison, Lord (or Governor) of these Islands in the time of Edward I, and Edward TWO, forced an Impost upon conger's and Mackarel taken about these Islands, and salted for Transportation; and it amounted to 400 Livres Tournois in one Year, at a Penny Tournois for every Conger above 10 l. weight, so transported. Did I intend a natural History of this Island ay may't enlarge further on this Argument, and mention divers more taken hereabouts, and very rarely, if at all, heard of in other Places; as that little Fish we call Lan●on, as much as to say, a little Lance, (for 'tis somewhat like one) which has this property, that 'tis never found in the Water, but in some moving Sand-bank, which is left dry by the Sea at a low Ebb; and there it hides and buries itself pretty deep, till the Sand being stirred with an Iron, it leaps up, and is taken by handfuls; the Night also being best for this sport, for the Fish glitters when 'tis on the Sand, and is easily seen in the Dark: Tingrels, armed with very dangerous Teeth and Prickles: Another of a perfect blood Colour, with a Head and Throat almost as big as the rest of the Body; our Fishermen call it Gronnard, from the grunting Noise it makes: The Siren or Mermaid, so called, because 'tis said to have Breasts and Teats like a Woman; but this not so commonly seen as the others. Having so constant a supply from the Sea, we may the better be without Freshwater Fish; whereof we have indeed no great Plenty, because we want great Rivers. Ponds we have, and in those very good Carp. Excellent Carp. There is a Pond especially in the West of the Island, belonging to the Seigneur of St. Oüen, where grows a Carp of so unusual a Largeness, and of so excellent a Taste, as is scarce to be equalled in Europe. Some have been brought into England, that were 3 Foot 4 Inches Long. Toads. The great Deformity of this Island, is that almost incredible Multitude of Toads that swarm in it, and are chiefly seen in Summer, and in moist Wether. Doubtless they are a hated sight, to a Stranger especially. I cannot certainly say whether they are Venomous or not, having never made any Experiment thereof. But this I can affirm, that, after the most diligent Inquiry, I could never hear they do the least harm, tho' they lie in our best Water, and among our best Fruit when it falls on the Ground. So far indeed from it, that 'tis a received Opinion among our People, that those ugly Creatures suck in the Impurities that are in the Elements, and thereby contribute to health: which they prove by the contrary Example of Guernezey, which will not suffer a Toad to live in it, and yet is thought not to be so healthy as JERSEY. Whether it be so or no, still it must be confessed, that great is the Wisdom of God, to set out the Beauty and Perfection of his other Works by such Deformities in Nature as these. Lizards. As for those pretty Lizards, which in a hot Summer-day, will come out, and sun themselves on the side of a Bank, looking earnestly, and as 'twere with pleasure upon a Man as he passes by, scarce flying but when they are pursued, they are rather to be counted a Decoration and an Ornament, than a Deformity to this Island. We receive a greater prejudice from Moles, which abound with Us, to the great Detriment of Corn, but doubtless to the Benefit and Melioration of Fruit-trees, by loosening and turning up the Earth about the Roots. Temperature of the Air. The Air is temperate, and the Island generally (praised be God) very healthy. And it must be so Naturally, considering the Height and Declivity of the Land, and (as a Consequence of that) the Rapidity of the Streams, together with those salt and strong Breezes which blow almost continually from the Sea. The Unsalubrity of any Country arising chiefly from a low Ground, and a stagnating Air and Water. Hence Men are often seen to live to a great Age amongst us, if by Excesses (which is the Fault of the better sort) or by ill Diet (which is the Misfortune of the Poorer) they do not impair their Health, and shorten their Lives. I cannot say we are wholly free of Distempers. The most usual with us is the Ague in the Spring and Autumn; Neither is the Cold here so intense as in other Places under the same Latitude: But we are more subject to Storms, especially with a Westerly wind, which blows here the greatest part of the Year, and against which we have no nearer shelter than the great Continent of America, the next Land to us on that side. Rocks and Tides. That vast and amazing Chain of Rocks that invironeth on all sides this Island, some above, some under Water, and the many strong Currents and Tides that run betwixt these Rocks, render the Access to the Island very difficult and full of hazard to those that are not well acquainted with the Coast. And doubtless the Place is more beholding to Nature than Art for the strength of it. 'Tis very probable that a great part of these Rocks was some time firm Ground, which the Violence of the Sea hath torn from the Shore, washing off the softer and loser Earth, and leaving only what it could not dissolve. In the Parish of St. Oúen, the Sea has within these 350 Years swallowed up a very rich Vale, where to this hour, at Low-water, the Marks of Buildings appear among the Rocks, and great Stump of Oaks are seen in the Sand after a Storm. The Records of the Exchequer make mention of a People inhabiting this Tract. And the little Islet upon which stands Elizabeth Castle, was joined to the Land about 1100 Years ago. The Tides about these Islands differ from the rest of the Channel, and are very extraordinary. They receive their first Motion from the Mouth of the Channel, and as they go on, take different Impressions from the several Heads of Land, and narrower Channels through which they pass. At the first flowing, they all tend EASE, to the Bay of St. Michael, by reason of the flatness thereof. The Sea flows and ebbs in that Bay ordinarily from 15 to 20 Miles, and fills it almost in two Hours time. Then the Motion of the Tides is checked, and they are conveyed Northwards along the Coast, and so in 12 Hours time quite round the Island. The Currents succeed so one another, that there is no still Water here, as in the Channel, at low Ebb. Bays. The chief Bays and open Places in the Island are St. Oüen, St. Brelard, St. Aubin, Grouville, St. Catharine, Rosel, Bouley, besides other smaller Creeks noted in the Map. Division of the Island. The whole Island is divided into 12 Parishes, which may be ranked in this Order. Parishes. on the N. I. Trinity II. St. John III. St. Marry. on the W. IV. St. Oûen V. St. Peter VI St. Brelard, or Breverlard, for so I find it called in Ancient Records, and not S. Brelad. on the S. VII. St. Laurence VIII. St. Helier IX. St. Saviour. on the E. X. St. Clement XI. Grouville XII. St. Martin. These Parishes are subdivided again into tithings, which we call Vintaines, noted in the Map. Towns. St. Helier. The chief Town is St. Helier, a neat well built Town, seated near the Sea, containing about a 1000 Inhabitants; who are for the most part Merchants, Traders, and Artificers; The Gentry, and People of the best Fashion living generally in the Country. 'Tis the ordinary Seat of Justice; and here is kept a Market, in the Nature of a Fair, every Saturday, where Gentlemen meet for Conversation, as well as for Business. St. Aubin. The next Town of Note is St. Aubin (or St. Albin) distant about three Miles from the former, and standing in the same Bay. This is also much resorted to by Merchants, by reason of the Port, which is the best in the Island. Here they meet every Monday, about matters relating to Navigation and Foreign Trade. The Mole or Peer begun there some Years ago, in imitation of that of Guernezey, is a strong and massy Piece, and when finished, will be a great security to our Shipping, which lay before too much open to a S, and SE Wind. It were superfluous to enumerate other lesser Towns and Villages dispersed through the Island; The whole being indeed so Populous, and full of Habitations, that it more resembleth a great Village, than an open and champagne Country. Number of Inhabitants. The Number of Inhabitants is betwixt 15 and 20 Thousand, reckoning, Men, Women, and Children. Buildings. Buildings both Private and Public, are substantial and strong, for they are all of Stone. The meaner sort are of the common Stone of the Island. Houses of Gentlemen, and rich Merchants, are usually faced with smooth wrought Stone, either fetched from Chauzé (the small French Island mentioned before, which also supplies St. Malo) or digged out of Mont-Mado, which is a rich inexhaustible Quarry of Excellent Stone in the N. of the Island. The Chauzé Stone inclines to a Blue; the Mont-Mado to a reddish Grace, somewhat like the common Porphyry: Either of them make a handsome show. These Buildings will last 2 or 3 Hundred Years, and would surpass what I have seen in other Countries, were the Contrivance and Furniture within answerable to the Strength and Beauty without. But our People value themselves more upon what is solid, and lasting, than upon what is only ornamental: Of which this Reason may be given, that the Tenure of Houses and Lands here, is not for Life, or a certain Term of Years only, but in perpetuùm. So that a Man being perfectly Master of what he possesses, no wonder if he takes care that his Layings-out and Improvements be made in such a way, as that they may not only last his own Time, but may pass also to his Posterity, who are to enjoy the Tenement after him. The chief Seats in the Island are the Manors of St. Oüen, Samarés, Trinity, etc. Language. The Language is French. All public Preaching and Pleading is in that Tongue; and tho' I cannot say that we speak it with the same Purity and Elegancy which they do in France, yet if it be considered what Jargon is used in some Provinces of that Kingdom, as in Dauphiné, Provence, Languedoc, Gascogne, Bretagne, etc. one will the less wonder that a few uncouth Words and Phrases should still be retained in This, and the neighbouring Islands. So bad as it is, 'twere in my opinion safer and more advisable for English Gentlemen to send their Sons hither to learn the Language, tho' at the hazard of carrying back a Barbarism or two, than to send them as they usually do into France, where they are exposed to the Artifices of Men that lie in wait to deceive, and from whence they seldom return but with Minds so alienated from the Customs, Laws; and Religion of their Country, that the public Mischief which results therefrom can never be compensated by a few fine Words which they bring home. Tho' French be the common Language of the Island, there are few Gentlemen, Merchants, or Principal Inhabitants, but speak English tolerably. Trade and Manufactures. Trade is the Life of an Island. And our People accordingly had before the War, with good Success, applied themselves to the Improvement of it. They were become owners of good Ships, with which they traded not only into England and France, but likewise into Spain, Portugal, Holland, Norway, into the Baltick-Sea, and into the English Plantations in America. But the Neighbourhood of St. Malo, that famous Retreat of French Corsaires, has ruined our Navigation. The constant and standing Manufacture of this Island is that of Stockings, tho' that be also brought down very low since the War. They are wrought of English Wool, whereof a certain Quantity is by Concession of Parliament allowed to be exported yearly, and manufactured in these Islands. I have heard that 6000 (some say 10000) Pair have been weekly made in JERSEY, which were bought up every Saturday at St. Helier by the Merchants, who dispersed them afterwards into all Parts of Europe. From England we are supplied with all Kind of Mercery and Grocery-ware, Householdstuff, fine Iron-works, Leather, etc. for which we bring in ready Money, to a considerable Value. Estates. Estates here cannot be great, since 'tis not easy for a Man, tho' never so industrious, to enlarge his Patrimony in a Country so full of People, and where Land is seldom worth less than 30 years' Purchase. And the equal sharing of both real and personal Estates betwixt Sons and Daughters (which in England is called Gavelkind, and is the Ancient Use of this Island) destroys many a fair Inheritance amongst Us, by mincing it into so many little Parcels, which, in the next Generation, that is, perhaps 20 Years after, must be subdivided again into lesser Portions, and so on, till an Estate is almost dwindled into nothing. Real Estates here consist either in Lands or Rents, but generally the latter, which are for the most part constituted thus: The Proprietor of a Tenement lets it out to another, for so many Quarters of Wheat to be paid every Michaelmas for ever Yearly. This is called a Rent; which may be paid in specie from the said Term of Michaelmas till St. Lawrence's Day next following ‖ August. 10. . After which, it must be paid in Money, according to a certain Rule or Standard set by the Royal Court; which always meets upon that Day, and, from an Account that is laid before it of the several Rates which Corn has been sold at in the Market every Saturday throughout the Year, determines and fixes the Price of the Rents that remain unpaid. And so the way of reckoning an Estate with us, is not by Pounds, but by Quarters of Wheat. Therefore when 'tis asked what Estate a Man hath, the Question with us is not, How many Pounds (as in England) but how many Quarters of Wheat he is worth yearly? The yearly value of a Quarter of Wheat seldom exceeds 12 Livres, French Money currant in this Island, which is about 18 Shillings English. But in cheaper and more plentiful Years, 'tis hardly worth 9 Livres, which is less than 14 Shillings. This makes Estates variable and uncertain, since they must rise or fall according to the Price that Corn bears each Year in the Market. Another way of creating a Rent is this: A Man that has an Estate and wants Money, and cannot, or will not borrow any, sells a Sum of Wheat upon himself, that is, he chargeth himself and his Heirs for ever with the Annual Payment thereof. And these Rents have been so multiplied, that 'tis thought there is more Wheat due on that account every Year in this Island, than can grow upon the Island in two Years. All Bonds are not Personal as in England, but real, and carry an express Hypotheca or Mortgage upon the Estate both real and personal of the Debtor. Families and Names. In this Island are many very Ancient Families, not only among the Signior, and Gentlemen of the first Rank, but even among those of Inferior Quality, several of whom can reckon a Descent, which in some other Countries very good Gentlemen would be proud of. It appears by Names, and Ancient Records, that most of the Families of this Island are come out of Normandy, or Bretagne; Tho' from K. John's time downwards some are found of English Extraction. Gentlemen that have Seigneuries or Fiefs in this Island, are usually called by the Names of them. Thus Sir Charles de Carteret, Seigneur of St. Oǔen, is with us called Monsieur de S. Oǔen, and so of others. CHAP. III. Military Government. Governor. 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 Deuces, 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 k Vid. infrà Cap. V. . And AMWARITH, who had the same Command about 200 Years after, viz. in the time of Charlemain, is called Dux, a Duke; as appears from that ancient Fragment mentioned before l Suprà Cap. I. , where 'tis said concerning Geroaldus' Abbot of Fontenelles, that, is quadam Legatione fungebatur in Insulam cui nomen est AUGIA (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, baily, 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 Abbey of Tewksbury, mentioned by Mr. Selden m Mare Clausum, Lib. II. Cap. XIX. pag. 375. , 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 Gloucester, Brothers of Henry V. I shall only give an Account of the Governors List of the Governors. of JERSEY, from the time of Edward IV, ever since which time this Island has always been a separate Government. Edward IU. Sir RICHARD HARLISTON, Vice-Admiral of England, who assisted Philip de Carteret in Edward V. the Reduction of Mont Orgueil Castle, which had been seized by Richard III. the French n Vid. suprà pag. 23. , and had thereupon the Government given him for his good Service. He died in Flanders. Henry VII. MATTHEW BAKER Esq; Groom of the Bedchamber to K. Henry VII, ejected afterwards for Misdemeanours. THOMAS OVERAY; lieth buried in St. George's Chapel in Mont-Orgueil Castle, than 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 Lifeguard, etc. Resigned the Government to— Henry VIII. 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 Chapel in Mont Orgueil. Sr. ARTHURD ARCY, who sold the Government to— THOMAS Lord VAUX of Harrowdon; and he soon after to— Sir EDWARD SEYMOUR, Viscount Beauchamp, afterwards Duke of Somerset, and Lord Protector. Edward VI. Sir HUGH PAWLET, Treasurer to K. Henry the 8th's Army at the Siege of Bologne, Governor Q. Marry. of Haure de Grace, an. 1563. that Town being then in Q. Elizab. 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 Councillor to Q. Elizabeth, Ambassador in France a 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. K. James I. Sir JOHN PEYTON, Lieutenant of the Tower, etc. Sir THOMAS JERMYN, who in his Life-time did also obtain the Reversion of the Government after him for his younger Son— K. Charl. I. HENRY JERMYN, created first Lord Jermyn, than Earl of St. Alban's, Knight of the most Noble Order of the Garter, etc. To whom was afterward joined 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 o Suprà pag. 31. . 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, K. Charl. II. 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 p Slain at the Battle of Steinkirk, an. 1692. , 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 q Richardus 〈…〉 ey, Custos In 〈…〉 arum, an. 10. 〈…〉 3. Hugo de 〈…〉 ncto Phile 〈…〉 to, Custos de 〈…〉 RSEY, eod. anno. Wilhelmus de Sancto Johanne, Cust. Insular. 〈…〉 11. H. 3. Arnauldus de S. Amando, & Philippus de Carteret, 〈…〉 stodes Insular. an. 16. H. 3. Philippus de Albimar, & Wilhel 〈…〉 s de S. Johanne, Custod. Insular. cod. an. Johannes des Roches, 〈…〉 st. Insular. an. 2. E. 3. Thomas Hampton, Cust. Insular. an. 〈…〉. E. 3. ; sometimes, Quamdiù se benè gesserit r Richardus Harliston, Capitaneus de JERS. an. 17. 〈…〉 4. Hugo Vaughan, Capitan. de JERS. an. 17. H. 7. ; sometimes for a certain and determinate number of Years s Tho 〈…〉 s de Ferrariis, Cust. Insular. pro termino 6 annorum, An. 12. E. 3. 〈…〉 m iterùm Custos, etc. pro termino 5 annor. An. 17. E. 3. Johannes 〈…〉 nfan, Custos Insular. pro termino 5 annor. & dim●d. An. 31. H. 6. 〈…〉 'em iterùm Cust. etc. pro termino 10 annor. An. 36. H. 6. ; sometimes during Life t Hugo 〈…〉 lvilegh, Cust. Insular. an. 50. E. 3. Johannes Golafre, Cust. In 〈…〉 ar. an. 11. R. 2. Edmundus Comes Rutland, Cust. Insular. an. 20. 〈…〉 2. Matthaeus Baker Cap. de JERS. an. 3. H. 7. Thomas Ove 〈…〉, Cap. de JERS. an. 15. H. 7. Antonius' Ughtred, Cap. de JERS. 〈…〉. 17. H. 8. Arthurus Darcy, Cap. de JERS. an. 25. H. 8. Tho 〈…〉 as Vaux Dominus de Harrowdon, Cap. de JERS. an. 27. H. 8. 〈…〉 wardus Seymour Vicecomes Beauchamp▪ Cap. de JERS. an. 28. 〈…〉 8. Hugo Pawlet, Cap. de JERS. an. 4. E. 6. Amias Pawlet, 〈…〉 p. de JERS. an. 13. Eliz. Antonius Pawlet, Cap. de JERS. an ... Eliz. Walterus Raleigh, Cap. de JERS. an. 43. Eliz. Johan 〈…〉 s Peyton▪ & Thomas Jermyn, Gubernatores de JERS. an. 1. Jac. 1. 〈…〉 enricus Dominus Jermyn, Gub. de JERS. an. 2. Car. 1. Georgius Carteret. id. ; sometimes during Life and five years beyond it u Otto de Grandisono, Gust. Insular. an. 5. E. 1. ; and at other times again, without Condition, or Limitation of time w Edmundus Rosse, Cust. Insular. an. 47. E. 3. . 〈…〉 venue of the 〈…〉 vernor. 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 Manors, which were the Patrimony of the Dukes of Normandy. These Manors 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 with several Parcels of Lands and Meadows, Wheat-Rents, Escheats, Forfeitures, Fines, Services, Wardships, Customs, and other Emoluments, not reckoned in Money, made up a pretty Revenue for the King in so small an Island. But now the Livre Tournois is fallen so low (viz. 13. of them for one l. Sterl.) that the said 1000 Liures Tournois are brought under the value of 100 l. Sterl. And many Alienations have been made of the Revenue. It consists now chiefly in the Tithes of Ten Parishes of the Island, which having been appropriated to several Religious Houses in Normandy in time of Popery, were at the Reformation assumed by the Crown: As also in several Quarters of Wheat-Rents, and other Profits certain and casual, estimated all together at about 15000 Livres Tournois per annum. Out of which Sum the aforementioned Deductions are made; the rest belongs to the Governor; who has a peculiar Officer appointed by himself for the Collection of the said Revenue, called Le Receveur du Roy, i. e. The King's Receiver. Our Kings heretofore did use to dispose of this Revenue more thriftily than they now do; laying on it the whole Charge of the Garrison; causing the remainder to be accounted for in the Exchequer, and out of that allowing a Proportion to the Governor, greater or less, as he could agree, or had an Interest in the Prince's favour. Thus Johannes des Roches, who was Warden of these Islands in the time of Edward III had but 40. l. a year allowed him out of the said Revenue x In Memorand. Scaccarii de▪ An. 5. Regis Edw. 3. inter Brevia, etc.— Rex Thesaurariis & Baronibus suis de Scaccario, Salutem. Mandamus vobis quod dilecto & fideli nostro Johanni des Roches nuper Custodi Insularum nostrarum de JERESEY, Gerneseye, Serk, & Aureney, 40 Libras per annum, pro Feodo suo, de tempore quo Custodiam Insularum earundem ex Commissione nostrâ habuit, in Compoto suo ad Scaccariumpraedictum allocari faciatis. T. meipso apud Westm. 21. die Dec. An. Regni nostri 4. . The more usual way was for the Governor to receive the whole Revenue, paying a certain Sum yearly out of it into the Exchequer. Thus Thomas de Ferrariis, and Thomas de Hampton, who succeeded Johannes des Roches, paid 500 Marks yearly. The last that had it with these Deductions was Sir Thomas Jermyn, Grandfather of the Lord Jermyn the now Governor, who paid 300 l. yearly to the King. Nor was this without Exceptions: For Philip de Aubigny, Drogo de Barentin, Otto de Grandison, etc. in the time of K. John, Henry III, Edward I, etc. received and enjoyed the whole Revenue, as the Governors do now, sine Computo. So did those Sons and Brothers of our Kings, mentioned before, who seem to have had these Islands inpurum & absolutum Dominium. Therefore very properly called Domini Insularum, Lords of the Islands. Power of the Governor. The Power of the Governors has likewise been greater or less as their Commission has from time to time been either enlarged, or restrained. Anciently the Governor here was a Person of a mixed Power. I mean that he had the Administration of both the Civil and Military Authority: He was Judge, as well as Governor: had the disposal of all places in Court, Church, or Garrison. Then he was called baily y An. 10. H. 3. Dominus Rex commisi● Ricardo de Grace Insulas de JERESEYE, & Gerneseye, cum aliis Insulis & Castris Domini Regis ibidem, Custodiendas, etc. T. R. apud Westm. etc.— Et mandatum est Militibus, liberis Hominibus, & omnibus aliis existentibus in eisdem Insulis, quod eidem Richardo, tanquam BALLIVO Domini Regis, in omnibus ad praedictas Insula● pertinentibus, intendentes sint & respondentes. In cujus, etc. T. ut sup. Eodem an. Dominus Rex Commisit Hugoni de S. Phileberto Insulam de JERESEY cum Castro ibidem, Custodiend. etc.— Et mandatum est Militibus, etc. quod ei tanquam BALLIVO Domini Regis, etc. T. R. apud Westm. 12 die Febr. An. 11. H. 3. Dominus Rex commisit Wilhelmo de S. Johanne Insulas de JERESEYE, & Gerneseye, cum aliis Insulis & Castris suis ibidem, Custodiend. etc. T. R. apud Westm. etc. Et mandatum est Militibus, etc. quod eidem Wilhelmo tanquam BALLIVO Domini Regis, etc. T. ut sup. , which in the Gottish Tongue signifies Custos, i. e. a Warden, or Guardian. For he was both Custos Terrae, and Custos Legum, Guardian of the Land, and Guardian of the Laws. In process of time he reserved only the Exercise of the Military and Commanding part to himself; transferring the Judicial to another, who remained in possession of the Title of baily, while himself retained the sense and meaning of the Word in the new Name of Custos or Warden which he assumed. Thus, that Office which at first was but one, became two: Yet so as that he who had the Judicial part (and was now called the baily) was still dependant, and at the Nomination of the other. So were the other Ministers of Justice. Vid. Spelman. Glossar. in voce Baillivus, pag. 68 Which was a great obstruction to a free Administration of it, since the Court must still be at the beck and devotion of him from whom it derived its Power. K. John began, and K. Henry VII completed the Establishment of a Jurisdiction in this Island independent from the Governor, taking away from him the Nomination of the baily, Dean, King's Officers, and Viscount; And forbidding him to interpose his Authority in Matters that were purely of the Cognizance of the Civil or Ecclesiastical Tribunals. But tho' the Governor has no proper Jurisdiction, yet in regard of his Dignity, his Presence is often required in Court, and is in some sort necessary for the passing of some Acts there: viz. Such as concern the King's Service, the Maintenance of the public Peace, the Safety and good Government of the Island. He has the Court under his Protection, being obliged to assist the baily and Jurats with his Authority in the Execution of their Judgements. He has Power, with the Concurrence of two of the Jurats, to arrest and imprison any Inhabitant upon vehement Suspicion of Treason. No Inhabitant may go out of the Island, no Foreigner may come, sojourn, or settle in it without his Knowledge and Privity. No Estates can be held, nor any thing therein transacted, without his Consent; but this with some restrictions, of which more hereafter. On the other side, at his Admission, and before he can do any Act of Government, he must produce his Patent or Commission in Court, and must swear to maintain the Liberties and Privileges of the Island. His more immediate Province is the Custody of Their Majesty's Castles, the Command of the Garrison, and Militia of the Island: Which last he models, and regulates at Pleasure. Elizabeth Castle. The Place of his Residence is Elizabeth Castle; called also the New Castle, in distinction to Mont-Orgueil, which is the Old Castle. Sometimes again called L'Islet * Q. d. Insaletta. , because seated in a small Island in St. Aubin's Bay, taking up the whole Ground or Compass of that Island: Environed round on all sides by the Sea, unless at Low-water, at which time there is access to it over the Sands, especially over a Beach of Pebbles called the Bridge; but neither is this dry above 6 Hours, sometimes not 5: Distant from the nearest Land 663 Geometrical Paces: Well mounted with Ordnance, and stored with all necessary Provisions of War: Begun An. 1552, in Consequence of an Order of Council of An. 1551, enjoining the Bells of the Island (leaving only one in every Church) to be sold, and the Money to be applied to the Building thereof: Impregnable by its Situation, and on which (under God) depends the Safety of the whole Island. Mont-Orgueil Castle. I wish I could give the same account of Mont-Orgueil Castle, standing aloft on a steep and craggy Promontory in the East of the Island, and as it were proudly overlooking the neighbouring Coast of France. But that Noble and Ancient Castle, under whose Walls the French have so often digged their Graves, falls daily to decay, through want of repair. 'Tis somewhat awed by a Hill, that lies too near it on the Landside. f St. Aubin's Fort. The Fort or Tower of St. Aubin, is o good use for the Defence of the Road, and for the Security of our shipping, which lie safe in the Mole, or Peer, under the Guns of the Place. Grosnéz Cast. These are all the Fortresses in this Island, where the King keeps Garrison, both in Peace and War; For tho' the Map mentions 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. Batteries, etc. about the Coast. 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 Pioners, to attend them, making in all a Train of betwixt 20 and 30 Pieces of Artillery, ready to march where there is occasion. Garrison. 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. Militia. The Militia, or Train'dbands, are form 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. IU. Civil Jurisdiction. baily and Jurats. WE have shown in the former Chapter how the Office of baily was separated from that of Governor, which two Offices were formerly united in the same Person. The baily (under the present Constitution) is an Officer of great Dignity a Baillivus apud Gallos Splendidus Magistratus est. Spelman. Glossar. pag. 68 . 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 administered 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 baily, and Eligible by the People. These he called Coronatores Jurati, i. e. sworn Coroners; as may be seen from the Charter of their Creation, b Constitutiones Johannis Regis, Art. 1. Vid. insrà Cap. VII. Instituit duodecim Coronatores Juratos, ad Placita, & Jura Spectantia ad Coronam, Custodienda, etc. Coronator (says the Learned Sir Henry Spelman) apud nos Coron●e Officialis pervetustus est, ad tuendam pacem & Dignitatem Regiam in quovis Comitatu, populi Suffragiis Constitutus c Glossar. in voce, pag. 192. . 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 d IV Part of the Institutes. Cap. LIX. pag. 271. . These Twelve Magistrates in JERSEY are now known only by the Name of Jurats, or Justiciaries, that of Coroners being wholly disused. Election of the Jurats. 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 baily 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. Officers of the Court. Besides the baily and Jurats, there go to make up the Court several other Officers; as the King's Procurator and Advocate, or the Attorney and Solicitor; The Viscount, or Sheriff; The Gressier, or Clerk; Six Advocates, or Solicitors at the Bar; Two Denunciators, or Under-Sheriffs: And lastly, the Usher, no sworn, but a necessary Officer to keep Order. Power of the Court. The Court thus composed, is a Royal Court, having Cognizance of all Pleas, Real, Personal, Mixed or Criminal, arising within the Island, Treason only excepted, and some other Casus nimis ardui e Constit. Johannis Regis, Art. V. Vid. infrà Cap. VII. , 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 TWO, 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 Warrantoes, calling into Question not only Public Grants and Privileges, 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 f Mich. 6. E. 3. that horrid Justice was superseded, and the Jurisdiction of the Court, as established by K. John, with other Public Franchises and Immunities, were confirmed to us by a new and general Charter. Appeals. 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 baily and Jurats, has scarce afforded an Example amongst Us for these 500 Years last passed. Geoffrey Wallis (or Welch) Seigneur of 8t. german, Handois, and other Fiefs in this Island, was indeed slain in Barnet-Field, with the Earl of Warwick his Master, fight 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 doubtful 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. Commissioners Royal. Our Kings have used both in ancient and latter Days, and upon extraordinary Occasions, to send over hither special Commissioners, authorized under the Great Seal, who have always been Persons of Quality and Learning, as Doctors in the Civil Law, Masters in Chancery, etc. whose coming suspends the Ordinary Forms and Procedures of Justice. But First they must show their Commission in Court, and have it there Enrolled: And then they can in no Case concerning Life, Liberty, or Estate, determine any thing contrary to the Advice and Opinion of the Jurats, who are to Sat, and Judge, and make conjunctive Records g Constit. Johan. Regis Art. V. & VII. Vid. infrà Cap. VII. of their Proceedings with them. My Lord Coke owns, that the King's Writ runneth not in these Islands. His Commission under the Great Seal doth. But the Commissioners must judge according to the Laws and Customs of these Isles h IV. Part of the Institut. Cap. LXX. pag. 286. Laws. . The Laws of this Island, which are to be the Rule and Measure of the Judgements of the Court, differ in many things from those in England. The particulars are too many to be instanced in. In general our Laws may be reduced under these four Heads, Custom of Normandy. 1. The Ancient Custom of Normandy, as it stood before the Alienation of that Duchy in the time of K. John, and was contained in an old Book called in the Rolls of the Itinerant Judges, La Somme de Mançel, or Mançel's Institutes. For whatever Changes have since that time been introduced into the said Custom by French Kings, or French Parliaments, they can be of no force here. This is to us what the Statute Law is in England. Local Usages. 2. Municipal and Local Usages, which are our Unwritten and Traditionary Law, like the Common Law in England. Orders of Council. 3. Constitutions and Ordinances made by our Kings, or their Commissioners Royal at their being here; with such Regulations and Orders as are from time to time Transmitted hither from the Council-Board. Precedents. 4. Precedents, and former Judgements recorded in the Rolls of the Court. These last indeed cannot in strict and proper Sense be said to be Laws, wanting the Royal Authority, without which nothing can be Law. Nevertheless great Regard is had to them upon occasion. The same may be said of such Political and Provisional Ordinances as are made by the Court, or the Assembly of the States; like those made by other Bodies Corporate for the good Government of those Societies. No Act of Parliament can reach us, wherein we are not particularly named i Lord Coke IV. Part of the Institut. Cap. LXX. pag. 287. It has been often wished that our Laws were collected, methodised, and digested into a System or Code. A work that would be of very great Use, in regard that not only all Causes and Suits within the Island, whether by the ordinary Judges, or extraordinary Commissioners from England, but Appeals also before the Council-Board, are to be determined secundùm Leges & Consuetudines Insulae: which Laws and Customs not being so generally known, 'tis scarce possible but Judgement must sometimes be given contrary to the same. Causes are not brought into Court, or treated there confusedly. For tho' there be but one Tribunal, and the Judges always the same Persons, yet because matters are of more or less moment, or require different Methods of proceeding, they have been distinguished into IV Classes or Courts. Court of Inheritance. The First is of those that respect the Property of Lands, and Inheritance. These we decide in a more solemn Assembly called La Cour d'Heritage, i. e. The Court of Inheritance: Which continueth so many days as are necessary to dispatch all Causes of that Nature. The first day is kept very Solemnly. For then all the Jurats are bound to be present, and without seven of them at least the Court cannot be kept that day, without absolute necessity, which is tied to no Rule. The Governor, or his Lieutenant, useth to assist that day, and to answer in the King's Name for such Fiefs as are in His Majesty's hands, and owe Suit of Court. All Gentlemen, holding Fiefs from the Crown by that Service called in Records Secta Curiae, are also to answer to their Names, or be Fined. The Advocates renew their Oaths. The Provosts, and Sergeants, who are inferior Officers belonging to the King's Revenue, are to declare all Escheats, Forfeitures, and other Contingent Profits and Emoluments accrued to his Majesty. There also Political Sanctions relating to Order and Government are continued, or if need be abrogated, and new ones made. The Governor, in the King's Name, or the Receiver by Command of the Governor, causeth a solemn Dinner to be prepared, where, besides the Court, those Gentlemen before mentioned holding Fiefs from the Crown, have Right to Sat, and are therefore said in the Extent and other Records, edere cum Rege ter in anno, i. e. to eat with the King three times a Year, a Custom doubtless older than the Conquest. 'Tis said Three times a year, because we have so many Terms, and this Court is the opening of every Term. After the first day, the Court is continued every Tuesday and Thursday following, till the end of each Term: Three Jurats always assisting; the XII taking it by turns. Matters treated in this Court are Partitions of Inheritance betwixt Coheirs, Differences betwixt Neighbours about Bounds, new Disseisines, and Intrusion upon other Men's Lands, Challenges of Propriety, Pre-emptions between Kindred, which we call Retreat Lignager, (Retractus Consanguineorum and Jus Protimeseos) the Property of Rents due for Lands let out in Fee-farm, which we call Rents Foncieres, (Reditus Fundiarius) and such like. Court of Catel. The Second Court is that of cattle, i. e. Chattels or moveables. For tho' at present few Causes purely Mobiliary be determined in this Court (as they were before the Extraordinary Court was set up) nevertheless as in the Court of Heritage Rents are demanded without Relation to Arrears, so in this Court they are demanded principally with reference to those Arrears. But the principal Business of this Court is the Adjudication of Decrees. Now a Decree with us is this. When a man becomes unable to pay his Debts, he comes into Court, and there publicly makes Session of his Estate; which we call Renoncer, i. e. To renounce. Whereupon all that have been concerned with him are by Three Proclamations, and a Fourth Peremptory, cited to come in, and insert into a List or Book, made for that purpose, their several Demands. Which done, they are called in Order; That is to say, the last Creditor first, and so on Retrograding. The last Creditor is asked whether he will substitute, or put himself in the place of the Cessionary, and take the Estate, paying the Debts that are of an older Date than his: Which if he Assents to, the Decree is at an end, and he is put into Possession of the Estate. Such a one we call a Tenant. If he says he will rather lose his Debt than take the Estate on condition to satisfy the other Creditors, the Judge proceeds to him that stands next in Order of Time, and so on, Retrograding still, and propounding the same Question to all, till so many have Renounced or quitted, that the encumbered Estate being sufficiently purged, some one be found, who may with little or no loss venture to take the Estate, paying those Debts that remain Vnrenounced. This is our way of sharing a broken Estate betwixt Creditors. And few of the Debts are Chyrographal, i. e. upon Bond, in comparison of those that result from Arrears of Rents; and Rents bought for Arrears of other Rents. Wherein we have a Custom as old as it is injurious, viz. That Arrears of Rents shall have the same Privilege as the Rent itself; and that a Rend bought in payment of Arrears of a Rent-Fonciere, shall retain the Nature of those Arrears, and consequently of the Rent of which they are Arrears. Which absurdities have been so long followed that they have strangely entangled our Practice in Point of Decrees. Criminal Causes. Criminal Causes are also treated in this Court, and that usually on the first day or opening of it: Where at Seven Jurats at least must be present, if the Crime be Capital; before which Proclamation is made that Justice royal, i. e. The Pleas of the Crown shall be held that day; otherwise Three Jurats may suffice to hold the ordinary Pleas of cattle. The Court Extraordinary, or Billet. The Third is the Extraordinary Court; called also le Billet, because all Causes treatedtherein, are heard in Order, as they are set down in a Billet, or scroll, made for that purpose, and affixed to the Courtgate, to the end that all Persons concerned may know when their attendance will be required in Court. This Court was first brought in Subsidiarily, when Causes grew too numerous for cattle, and is intended for the decision of Matters of less moment, as Arrears of Rents not exceeding ten years, Arrests, Distraining, and such like Mobiliary things. The Saturday Court. The Fourth is the Saturday Court; which is also an Extraordinary and Subsidiary Court, and properly but a Branch of the former. In Termtime it is appointed principally for the King's Causes, and those of the Jurats, who are not tied to the common Rule of Billet: Out of Term, for Causes of Brevity which admit no delay, as Causes of Admiralty, Contracts betwixt Merchants, Breaches of the Peace, and other daily Occurrences which require no Solemnity, but may be dispatched de plano. And note that when Sentence has been pronounced at Heritage or cattle by fewer than Five Jurats, or at the Extraordinary Courts by less than Three, for Movables not under the value of 50 Livres Tournois, the Party aggrieved may appeal before the Body of the Court, consisting of Seven Jurats at the least. Terms. These Courts (except the Saturday Court which may be held upon any Emergency, and at the pleasure of the baily and Jurats) are not held promiscuously at all times and Seasons, but have their Terms as in other places. The first Term is that of Michaelmas, which begins always the Thursday immediately before Michaelmas day: but is interrupted during the Month of November that People may attend Husbandry, which in JERSEY is much later than in England. In the beginning of December the Term goes on, and so continues till Christmas-Eve, where it ends. The Second begins the next Thursday after S. Maurus his day, which is the 15th of January, and is very short, for it shuts up in the beginning of February. The Third begins the next Thursday after St. George's day, and continues till Midsummer, and then the long Vacation follows, in which there is no pleading: unless some Causes, that could not be dispatched during the Term, be put off to the first or second week in September, and so continue till Michaelmas Term begins, if they cannot be ended sooner. Cohue royal. The Judgment-Hall, or Place of Judicature, is called La Cohue royal, and stands in the Town of St. Helier. 'Tis a handsome Building, fronting the Marketplace. Note, That the Place of baily being lately become vacant by the never too much lamented Death of Sir Philip de Carteret, Baronet, Seigneur of St. Oven, the late baily, the States of the Island, during the vacancy, have according to Custom chosen for Judge Delegate, Philip le Geyt Gent. who was before Lieutenant baily, and who being a Person of great Integrity and exquisite Parts and Learning, had discharged that Trust with general Satisfaction. CHAP. V. Religion. Pagan Altars. THere are yet remaining in this Island some old Monuments of Paganisine. We call them Pouquelays. They are great flat Stones of vast bigness and weight, some Oval, some Quadrangular, raised three or four foot from the ground, and supported by others of a less size. 'Tis evident both from their Figure, and great quantities of Ashes found in the ground there abouts, that they were used for Altars in those Times of Superstition. And their standing on Eminencies near the Sea inclines me also to think that they were Dedicated to the Divinities of the Ocean. At ten or twelve foot distance, there is a smaller Stone set up on end, in manner of a Desk, where 'tis supposed the Priest kneeled, and performed some Ceremonies, while the Sacrifice was burning on the Altar. Plantation of Christianity. The Christian Religion was planted in this Island about the Year 565. Of which we have this Account. St. Samson the last Archbishop of Menevia (now called St. David's) in Wales k Girald. Cambr. Itinerar. Lib. II. Cap I. the Seed Menevens. Dargentré. Hist. de Bretagne. Lib. I. Cap. XV. pag. 65. Andreae Saussayi Martyrolog. Gallican. Mens. Octob. Pars Poster. sol. 774. Usserii Primord f. 531. Capgrave in S. Samson. , being forced by the Invasion of the Saxons, or, as other write, by a Pestilence raging in those Parts, to abandon his See, and retire into Armorica or Bretagne, he was kindly received by Hoel II. King of that Country. In favour of him the See of Dol, given him by the King, was made the Metropolis of all Bretagne, and the Pope sent him the Archi-Episcopal Pall † Some say he brought the Pall from Menevia or St. David's with him into Bretagne. , which Honour was transmitted to his Successors, Archbishops of Dol, and enjoyed by them above 600 years. But the Territory of Dol being of small Extent, JERSEY and the adjacent Isles on the Coast of Neustria l Dargentré Lib. I. Ch. XXVIII. pag. 132. were added to that Diocese by Childebert Son of Clovis, King of France, to whom they then belonged. These Islands being thus become part of his Care, he applied his thoughts to the Conversion of them to Christianity † There is a Church in Guernesey dedicated to his Memory, and that bears his Name to this day. St. Samson. , but lived not to effect it. He was succeeded in the See of Dol by St. Magloire, a Britain also, his Kinsman and Companion in Exile, who resigning soon after his Bishopric to St. Budic, one of his Disciples, came over himself into these Islands, and landed in Sargia, now called Serk m Petrus de Natalibus Lib. IX. Cap CIII. Benedict. Gonon. vitae Patrum Occident. Lib. III. fol. 145. Nova Leg. Angl. Lond. 1516. De St. Maglorio Episcopo & Confessore. MSS: Mr. Poingdestro. , where he built a little Monastery, or College of Priests, which stood in that Island about 800 years, viz. till the time of K. Edward III, there being yet to be seen in the Remembrancers Office in the Exchequer, an account mentioning a yearly Pension paid by the Crown to the Monks of this Convent, under the Name of Conventus S. Maglorii in Insul. Sarg. From thence he sailed to JERSEY, where by his powerful Preaching, his holy and exemplary living, and the mighty Works which God wrought by him in the midst of Us, if the Writers of his Life may be credited, he laboured so successfully, that the Count or Governor Loyescon, and all the Inhabitants, came over to the Faith. He died in this Island, and was buried in a little Chapel erected to his Memory in the Parish of St. Saviour, hard by the Free-School called from him to this day St. Magloire, corruptly St. Manlier. About 250 years after, this Island being much infested by the Danes and Normans, his Body, which after the manner of those times was visited by Pilgrims from all Parts, was, by command of Neomenius King of Bretagne, transported thither, and deposited in the little Priory of Lehon n Dargentré Hist. de Bretag. Lib. II. Ch. XLIV. pag. 166. near Dinant, built for its Reception, where it rested 66 years. But the Normans entering into Bretagne also, it was removed again, and translated to Chartres, and at last to Paris o Hugo Floriac. in Chronic. apud Du Chesne Tom. 3. pag. 343. , where it lies in the Royal Chapel of St. Bartholomew, now become an Abbey under the Name of St. Barthelemi & Saint Magloire p Paris Ancien & Nouveau; par Monsieur le Maire. Tom. I. pag. 356. . This was the Instrument which God was pleased to make use of to bring the Inhabitants of this Isle to the knowledge of himself, who were before Gentiles and Idolaters. While St. Magloire was living, and doing the Work of an Evangelist amongst Us, Pretextatus Archbishop of Roven in Normandy, oppressed by the hatred and Calumnies of Fredegund Wife of Chilperic King of France, was banished here into JERSEY q Gregor. Turon. Hist. Franc. Lib. I. Cap. XVIII. Aymon. Monach. de Gest. Franc. Lib III. Cap. XXVI. pag. 99 Papyr. Masson. Annal. Lib. I. pag. 52. Abregè de l'history de Normandy, Ch. II. pag. 33. Pretextat priué de son Archeveschê fut relegu● en l'Isle de GERSEY, dans le Territoire de Constances'. . He associated himself to St. Magloire, and with great Zeal and Fervency laboured with him in Preaching the Gospel, and carrying on the work of God in this Island. Being recalled from Banishment, and restored to his See, he was sometime after murdered in his Church by Command of that cruel Woman; for which he has been deservedly reputed a Martyr, according to the following Distych of Orderic Uticensis r Hist. Eccles. pag. 560. . Occubuit Martyr Pretextatus Fredegundis Reginae Monitu, pro Christi nomine Jesus. Foundation of Churches, etc. What progress Christianity made in JERSEY appears from the Foundation of Twelve Parish-Churches, (which have a Beauty and Solidity beyond what is usually seen in ordinary Country Churches) A noble and stately Abbey, (that of S. Helier) Four Priories, (viz. Noirmont, S. Clement, Bonnenuit and de Leck) and above twenty Chapels, of which the greater part are now in rubbish. Of those that are left standing there are two of special Note. Chapelle des Pas. The one is La Chapelle de Nostre Dame des Pas, so called from a pretended Apparition of the blessed Virgin, and the impression of her Footsteps in the Rock whereon the Chapel stands. La Hougue. The other is la Hougue, so called from a high Artificial Hill on the top whereof it is loftily seated. For Hougue in French is properly what the Latins call Agger or Tumulus, i. e. a Mount of Turf or Earth, made with hands, and raised more or less above the circumjacent Level. And those Aggeres or Tumuli were in former days raised on the Bodies of Heroes and Great men slain in the Wars; raised (I say) in the Field, and on the very place where they fell. And such I take the Hougue in JERSEY to be The Old Tradition is, that a Gentleman of Normandy s MSS. Philippi de Carteret Baronet. etc. coming into this Island, was there slain, and that his Wife caused this noble Monument to be erected over him, carrying it up to that height purposely that from her house in Normandy she might have a prospect of the Place where lay the Ashes of him whose Memory was so dear to her even then when he was but cold Earth. The Chapel on the top I guess to have been added for Masses to be said therein for the Soul of the Deceased, according to the Superstition of those days. And this I take to be the best account that can be given of this ancient Chapel, and the Moles on which it is erected: which differs from that of Mr. Poingdestre, who thinks this Eminency was raised at the time that the Danes and other Northern Nations made their inroads into this Island, and was designed for a Specula, or Watch-Hill, to discover them at Sea, and to give Notice of their approach; and that the Chapel was built long after by one Mabon, who was Dean of this Island about the Year 1520; Mabon indeed did cause the East end to be new built, and a passage with a Repository under ground, and under the Altar, to be made in imitation of the Holy Sepulchre at Jerusalem, where he had sometimes been. Reformation. I shall pass over those dark Ages of Popery which too soon followed the Planting of Christianity in this Island, and shall hasten to give some account of the State of Religion here from the Reformation. The same Change of Religion that was made in England, in the Reign of K. Edward VI, was made here also. The English Liturgy was translated into French, and sent hither. In Q. Mary's time the Mass was set up again, as it was in England. But through a singular Mercy of God, the Persecution did not rage here, as it did there. While that Queen made Bonfires of Protestants in England, Richard Averty a Popish Priest in this Island, was hanged for Murder by Sentence of the Royal Court. He was a great Enemy and Persecutor of the married Clergy, but himself at the same time kept a Whore, who being brought to bed, he, to conceal his Shame, murdered the Infant, unknown to the Mother; for which he was apprehended, and notwithstanding the opposition of Pawlet the Popish Dean, who would have had him convened before the Bishop of Coûtance as his proper Judge, suffered as he deserved. This must seem an Action of great Boldness and Resolution in the Court at that time, to any that considers the Power and Interest of the Popish Clergy under that Reign. It was not so in Guernesey. There such an Act of Cruelty was committed as is not to be matched by any thing we meet with in ancient or modern Martyrologies t Fox. Acts and Monuments. ad Annum 1556. pag. 1763. etc. A poor aged Widow, and her two Daughters, whereof one named Perrotine Massey was the Wife of a Minister who was fled because of the Persecution, were condemned to be burnt for Heresy. The Minister's Wife was big with Child. When she came to suffer, her Belly burst through the violence of the Flame, and a lovely Boy issued forth, who falling gently on the Faggots, tumbled off without receiving any injury from the Fire. The Child was taken up, and carried to the Dean and Magistrates, who sent it back, and ordered it to be thrown in with the Mother. The cruel Command was obeyed, and the innocent Babe was baptised in Fire. Upon Q. Elizabeth's happy Inauguration, her first Care was the Settlement of Religion. But in this Island we fell into the other extreme. 'Tis well known what Persecutions the French Protestants suffered under the Reigns of Francis I, Henry TWO, Francis TWO, Charles IX, and Henry III. The Neighbourhood of this Island invited great numbers of them, and among them some of their Ministers, to take Sanctuary here; and their Example soon begot in the minds of too many of our People a dislike of the English Reformation: wherein also they were too much countenanced and encouraged by the Governor, who, whether out of Inclination, or Affectation of Popularity, or (which I rather think) the hope of adding to his Government the Revenue of the suppressed Deanery, favoured that Party. They possessed themselves of the Parish Church of St. Helier, where the Sieur de la Ripaudiere, a French Minister, preached and gave the Sacrament after the manner of Geneva: and soon after a solemn Deputation was made to the Queen, for leave to have all the other Churches in the Island modelled after that way. This the Queen denied; allowing them only that Church of which they were possessed, and strictly Commanding that Form and Order of Service, which was set forth within her Realm, to be continued in the Residue of the Parishes of this Isle; as appears from the following Letter sent by the Council to the baily and Jurats, bearing Date Aug. 7. 1565. After our very hearty Commendations unto you; Whereas the Queen's Most Excellent Majesty understandeth that the Isles of JARSEY and Guernezey have anciently depended on the Diocese of Constance, and that there be certain Churches in the same Diocese well Reform, agreably throughout in Doctrine as it is set forth in this Realm: Knowing therewith that you have a Minister, who, ever since his Arrival in JARSEY, hath used the like Order of Preaching and Administration as in the said Reform Churches, or as it is used in the French Church at London; Her Majesty for divers Respects and Considerations moving her Highness, is well pleased to admit the same Order of Preaching and Administration to be continued at St. Helier's, as hath been hitherto accustomed by the said Minister. Provided always that the Residue of the Parishes in the said Isle shall diligently put apart all Superstitions used in the said Diocese, and so continue there the Order of Service ordained and set forth within this Realm, with the Injunctions necessary for that Purpose; wherein you may not fail diligently to give your Aids and Assistance, as best may serve for the Advancement of God's Glory. And so fare you well. From Richmond the 7th Day of August, Anno 1565. [Signed] N. Bacon. R. Leicester. R. Rogers. Will. Northampton. Gul. Clinton. Fr. Knolls. Will. Cecil. Notwithstanding this Letter, all the other Churches in the Island soon followed the Example of that of St. Helier, and the English Liturgy came to be generally disused. This gave mighty Encouragement to the Puritans in England, who hoped to draw great Advantages from it, and indeed grew very insolent upon it. To improve the Opportunity, Cartwright and Snap, those Two great Incendiaries of the English Church, were sent into these Islands. At whose coming a Synod of the Ministers and Elders of JERSEY, Guernezey, Serk, and Alderney, was Convened at the Town of St. Peter-Port in Guernezey, June 28, 1576. And there in Presence of both Governors, a Form of Classical Discipline u policy & Discipline Ecclesiastic, des Eglises Reformées és Isles de JERSEY & de Guernezey, Serk, & Oriny, arrestées & conclues d'un commun accord par Messieurs les Gouverneurs des dites Isles, & les Ministres & Anciens Assemblês au Synode tenu a Guernezey au nom de toutes les dites Eglises, le 28 jour du mois de Juin, L'An 1576. MSS. digested into twenty Chapters, and each Chapter into several Articles, was agreed on to be used from thenceforth in the four Islands: Which Discipline was again confirmed in another Synod held at Guernezey the 11, 12, 13, 14, 15, and 17th Days of October, 1597. It was a bold Step in the Governors not only to tolerate that unlawful Assembly, but to countenance (as they did) all the Acts of it by their Presence and their Signature. I call it an unlawful Assembly, because it met, and enacted Laws Ecclesiastical, binding the Subject, without the Royal Authority; throwing the Liturgy out of those Churches where by Express Command of the Queen it had been enjoined to be continued, to make way for their Model, which was only indulged to St. Helier in JERSEY, and to St. Peter-Port in Guernezey. But the Governors got well by it, for by that means the Spoils of the poor Deaneries fell into their Hands. Timely Application was made by that Party to K. James, at his coming to the Crown; to whom it was falsely suggested that the Discipline had been permitted and allowed by Q. Elizabeth: Whereupon a Letter under the Privy-Seal, dated Aug. 8. 1603. was easily obtained, confirming that pretended Permission, and settling the Discipline in both Islands as it was alleged to have been in the Days of that Queen. The Letter was as followeth. JAMES R. JAMES by the Grace of God King of England, Scotland, France, and Ireland, etc. Unto all those whom these Presents shall concern, Greeting. Whereas We Ourselves, and the Lords of Our Council, have been given to understand, that it pleased God to put it into the Heart of the Late Queen, our most dear Sister, to permit and allow unto the Isles of JARSEY and Guernezey, parcel of our Duchy of Normandy, the Use of the Government of the Reformed Churches in the said Duchy, whereof they have stood possessed until our coming to this Crown: For this Cause we desiring to follow the Pious Example of our said Sister in this behalf, as well for the Advancement of the Glory of Almighty God, as for the Edification of his Church, do will and ordain, that our said Isles shall quietly enjoy their said Liberty in the Use of the Ecclesiastical Discipline there now Established; forbidding any one to give them any trouble or impeachment as long as they contain themselves in our Obedience, and attempt not any thing against the Pure and Sacred Word of God. Given at our Palace at Hampton-Court, the 8th Day of August, Anno Dom. 1603▪ and of our Reign in England the First. 'Tis plain the Grant in this Letter was void and null from the beginning, being founded on an Allegation manifestly untrue, viz. that Q. Elizabeth had given way to the Establishment of the Discipline throughout all the Churches in these Islands; The contrary whereof appears from the very Words of the Letter written by her Council. However, matters stood thus till a New Governor coming to JERSEY, and clashing with the Colloquy about the Right of collating to vacant Benefices, which both Sides laid equally claim to, He in the Right of the King as the true Patron, They by Virtue of the Discipline which empowered them to confer Orders and fill up vacant Livings with such only as had a Call from themselves, the Altercation grew so high that it endangered the public Peace, and many of the Principal Inhabitants became humble Suitors to His Majesty to restore to them the Liturgy, and to settle among them a Form of Ecclesiastical Jurisdiction suitable to that of the Church of England, with regard to their ancient Customs and Privileges, to which they prayed His Majesty at the same time not to derogate. The Address was well received at Court. The Liturgy was restored, and the Office of Dean (which had been above 60 Years disused) was Revived, and conferred on the reverend Mr. David Bandinel † Grandfather to David Bandinel Seigneur of Bagot, now living, one of the Jurats of the Royal Court. A Magistrate of great Ability and Reputation. , one of the Ministers of the Island; The New Dean and Ministers were enjoined to draw up a Body of Canons w MSS. Phil. de Carteret. Baronet. etc. to be approved by the King; which after several Corrections and Amendments made therein by 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 public Satisfaction. JAMES R. JAMES by the Grace of God King of England, Scotland, France, and Ireland, Defender of the Faith, etc. To our right Trusty and well beloved Counsellor 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 public 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 † Exceptions. , 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 Us 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 Councillors, 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 Us 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 Judgements 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 Us, 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 Us, Our Heirs and Successors, will and command that the said Canons and Constitutions hereafter following, shall from henceforth in all Points be duly 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 Us, 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 l'Eglise Primitive; Ou quiconque donnera aucun Empeschement, en quelque maniere que ce soit, a la Souverainetè du Roy esdites Causes; & quiconque affermera que l'Eglised ' Angleterre, comme elle est establie sous la Majesté du Roy, n'est une Vraie & Apostolique Eglise, enseignant purement la Doctrine des Prophetes & Apostres; Ou quiconque impugnera le Gouvernement de la dite Eglise qui est par les Archevesques, Evesques, & Doyens, l'affirmans estre de l'Ante-christ; quil soit Excommunié ipso facto, & non restabli que par le Doyen en Cour Sêante, apréz sa Repentance & Revocation publique de son erreur. Du Service Divin. 3. Il est enjoint a toutes sortes de Personnes de se sousmettre au Service Divin contenu au Livre des Communes Prieres de l'Eglise d'Angleterre: & quant aux Ministres, ils seront obligès d'Observer avec Vniformitè la dite Liturgie, sans Addition, ou Alteration; & ne souffrira on aucun Conventicule, on Congrégation, pour faire Secte apart, ou se distraire du Gouvernement Ecclesiastique establi en l'Isle. 4. Le jour du Dimanche sera sanctifié par Exercices de Prieres Publiques, & oüye de la Parole de Dieu; sera un chascun tenu de s'y ranger a heure convenable, & observer l'ordre & bienseánce à ce requise; se rendans attentifs à la Lecture & Prèdication, estans a genoux durant les Prieres, & se tenans debout à la Confession de Foy, & doivent testifier leur Consentement & Participation en disant Amen. Et partant durant aucune partie du Service Divin les Surveillans nepermettront aucune interruption ou empèschement par Insolence ou devis d'aucune personne soit au Temple ou Cimetiere. 5. Il y aura Exercice Public en chacune Paroisse les Mecredys & Vendredys Matin, par la Lecture des Communes Prieres. 6. Quand quelque Vrgente Occasion requerra de célébrer un Jeusne Extraordinaire, le Doyen avec l'avis des Ministres en avertira le Gouverneur & le Magistrat Civil, à ce que par leur Consentement & Authorité il soit obserué généralement, pour appaiser le Couroux & ire de Dieu par une uraye & serieuse Repentance. Du Baptesme. 7. Le Baptesme ser a administré en l'Eglise avec eau pure & commune, suivant l'Institution de Jesus Christ, & sans limitation de jours; & nul ne différera de presenter son enfant au Baptesme plus outre que le prochain Dimanche, ou Assemblée publique, s'il se peut faire commodément; & ne pourra aucun estre receû à y presenter enfant s'il ne Communique à la Sainte Céne; Et ne pourront les femmes seules estre Marraines. De la Céne. 8. En chaque Eglise la Ste. Céne se célèbrera quatre fois l'An, dont l'une sera à Pasques, & l'autre à Noel; & chaque Ministre en l'Administration de la Céne recevra premierement le Sacrament, & baillera le pain & le vin à un chascun Communiquant, en usant les Mots de l'Institution. 9. Tous Péres & Maistres de Famille seront exhortés & enjoints de faire instruire leurs enfans & Domestiques en la Cognoissance de leur salut, & pour ce faire auront soin de les envoyer aux Catéchismes ordinaires. Du Marriage. 10. Aucun ne se Marriera contre les Degrés qui sont prohibés par la Parole de Dieu; selon qu'ils sont exprimés en la Table faite par l'Eglise d'Angleterre, sur peine de Nullité & Censure. 11. Les Annonces se feront par trois Dimanches consècutifs aux Paroisses des Parties, & sera obligée la Partie de l'autre Paroisse où le Marriage ne sera Celebré d'apporter Attestation de la Publication de ses Annonces en sa Paroisse. Neantmoins sur causes légitimes on pourra avoir Licence & Dispensation dès dites Annonces par l'authorité du Doyen, qui prendra suffisante Caution de la Liberté des Parties. 12. Il ne se fera aucune Sèparation à Thoro & Mensâ qu'a cause d'Adultère, cruauté, & danger de Vie, dûement provués, & ce à l'Instance des Parties: & pour l'Alloûance de la femme durant la Sèparation, elle aura recours au Bras séculier. Des Ministres. 13. Nul qui ne soit propre à enseigner, & capable de Prescher la Parole de Dieu, ne sera admis en aucun Bènèfice de l'Isle; & qui n'ait receû l'Imposition des Mains, & Ordination, selon la Forme de l' Eglise d'Angleterre. 14. Nul, ne Doyen, ne Ministre, ne pourra occuper ensemble deux Bènèfices, si non en temps deVacance; & seront les Originaires, ou Natifs de l'Isle, prèfèrès au Ministère. 15. Les Ministres au jour de Dimanche aprés les Priéres publiques expliqueront le Matin quelque Passage de l'Escriture sainte, & Aprés-midy traiteront les Points de la Religion Chrestienne contenus au Catéchisme du liure des Communes Prieres. 16. En leur Prieres ils Observeront les Titres qui appartiennent au Roy, le recognoissans Souverain Gouverneur sous Christ en toutes Causes & sur toutes personnes, tant Ecclesiastiques que Civiles, Recommandans la Prosperité de sa Personne, Estat, & Posterité Royale. 17. Vn chascun des Ministres advisera diligemment de démonstrer la bienséance & gravité en habits qui conviennent à sa Charge, & qui préservent le Respect deû à sa personne; & seront aussy Circonspects en tout le Cours de leur vie de se preserver de telles Compagnies, Actions, & hantises de places, qui leur puisse apporter blasme ou flestrisseure; & partant ne deshonoreront leur Robe par Jeux, Tavernes, Vsures, Compagnies, & Occupations qui ne Conviennent à leur Fonction; Ains s'estudieront à exceller par dessus les autres en pureté de vie, Gravité, & Vertu. 18. Ils auront soin que Registre soit gardé des Baptesmes, Marriages, & Enterrements; & seront obligés de Publier, au jour qui leur sera appointê, les Ordonnances de la Cour, qui leur seront envoyées, signées & séelées du Doyen, leur estans delivrées Quinze jours avant la Publication. 19. Les Ministres seront avertis en temps convenable pour assister aux Enterremens qui se feront en leur Paroisses, & là observeront la Forme prescrite au liure des Communes Prieres; & nul ne sera enterré dans le Temple sans congé du Ministre, qui aura égard à la Qualité des Personnes, ensemble à ceux qui sont Bienfaiteurs à l'Eglise. Du Doyen. 20. Le Doyen sera Ministre de la Parole de Dieu, estant Maistre aux Arts, ou gradué au Droict Civil pour le moins; ayant les Dons pour exercer la dite Charge, de bonne vie & Conversation, & bien affectionné & Zelé à la Religion & service de Dieu. 21. Le Doyen, aux Causes qui se traiteront en Court, demandera l'Advis & Opinion des Ministres qui pour lors seront presents. 22. Il aura la cognoissance de toutes choses qui concernent le Service de Dieu, Prêdication de la Parole, Administration des Sacremens, Causes Matrimoniales, examen & Censure de tous Papists, Récusans, Hérétiques, Idolatres, & Shismatiques, Parjures en Causes Ecclesiastiques, Blasphemateurs, ceux qui ont recours aux Sorciers, Incestueux, Adultéres, Paillards, Tvrognes Ordinaires, & publics Profanateurs du Sabbat; comme aussy la Profanation des Temples & Cimetieres, du Mespris & Offenses commises en Court, ou contre aucuns des Officiers d'i celle en exécution des Mandats de la Court, des Divorces, & Separation à Thoro & Mensâ; avec pouvoir de les Censurer, & punir selon les Loix Ecclesiastiques, sans exclurre la Puissance du Magistrat Civil au regard de la Punition Corporelle pour les dits Crimes. 23. Le Doyen accompagné de deux ou trois Ministeres visitera une fois en deux Ans chaque Paroisse en sa personne, & donnera Ordre quil y ait Presche le jour de la Visitation, ou par soy méme, ou par quelquun par luy appointé; & se fera ladite Visitation pour Ordonner que toutes Choses appartenantes à l'Eglise, au Service de Dieu, & Administration des Sacremens, soyent pourveûes par les Surveillans, & le Temple, Cimetiere, & Maison Presbyteriale soyent entretenues & reparées: Et aussy recevra Information des dits▪ Surveillans (ou faute à iceux à faire leur devoir) du Ministre, de toutes Offences & abus qui seront à reformeren aucun, soit Ministre, Officiers de l'Eglise, ou autres de la Paroisse; & recevra ledit Doyen pour la dite Visitation 40 sols de la Rente du Thresor à chaque fois. 24. En cas de Vacance d'aucun Bénéfice, soit par mort, ou autrement, le Doyen donnera Ordre presentement que les Fruits d'iceluy Bénéfice soint Sequestrés, & que du provenu d'iceux la Cure soit supplée; & aussy que la Veuve ou Heritiers du Deffunct re●oivent selon la Proportion du temps de son Service, suivant à l'Vsage de l▪ Isle, saufce qui seroit necessaire à deduire pour les Delapidations, sily en a; & donnera Terme convenable à la Veuve du Deffunct de se pourvoir de Domicile; & baillera ce qui sera de residu au prochain Incumbant, auquel le Sequestrataire en rendra compte 25. Sur la mésme occasion de Vacance d'aucun Bénéfice, si dans six mois le Governeur ne presente aucun au Reuérend Pére en Dieu l'Evesque de Winchestre, ou en cas de vacance de ce Siége, au Trés Reuérend Pére en Dieu l'Archevesque de Canterbury, pour estre admis & Institué audit Bénéfice, alors le Doyen certifiera du Temps de la Vacance aux dits Seigneurs Evesque ou Archevesque, selon quil escherra, à ce qu'ils ordonnent pour la Collation du Bénéfice: & lors qu' aucun leur sera Presenté, le Doyen donnera Attestation du Comport & Suffisance de la Partie, pour estre approvué par iceux, devant que d'estre admis actuellement par le Doyen en Possession du dit Bénéfice. 26. Le Doyen aura l'Insinuation & Approbation des Testamens; lesquels seront approvués sou● le sceau de l'Office, & Enregistrés; Aura aussy l'Enregistrement des Inventaires des Biens Meubles des Pupilles, desquels il gardera fidéle Registre, pour en donner Copie toutes fois & quantes qu'il en sera requis. Item, baillera Lettres d'Administration des biens des Intestats, qui mourront sans hoirs de leur Chair, au prochain heritier. 27. Ceux qui seront saisis du Testament, soit Heritiers, Exécuteurs, ou autres, seront obligés de l'exhiber & apporter au Doyen dans un Mois; faute dequoy seront convenus en Court par Mandat, en payant doubles Coustages pour la Compulsoire; & aura le dit Doyen pour les dits Testamens, Inventaires, & Lettres d'Administration, tels Droicts qui sont Spécifiés en la Table sur ce faite. 28. Toutes Légations Mobiliaires faites à l'Eglise, Ministres, Escoles, ou Pavures, seront de la Cognoissance du Doyen; Mais sur l'Opposition qui pourroit estre faite de la validité du Testament, la Court Temporelle en déterminera entre les Parties. 29. Il appartient au Doyen de cognoistre de toute Substraction de Dixmes affectées à l'Eglise, de quelque Espéce qu'elles soyent, qui ont esté payées au Ministres, & dont ils ont jouy & sont en possession depuis Quarante ans; & toute personne convain cûe de Substraction, fraude, ou Detention d'icelles Dixmes, sera adjugé a Restitution, avec les frais & coustages de la partie; & pour la Conservation de tous & chascun les Droicts Bénéficiaux, Dixmes, Rentes, Terres, & Possessions, il y aura un Terrier fait par le Bailly & Jurétz, assistés du Doyen & Procureur du Roy. 30. Le Doyen aura Liberté de faire choix d'un Deputé ou Commissaire, lequel pourra excercer & suppléer la Charge & Office du Doyen entant que sa Commission le portera, & dont y aura Acte Authentique aux Rolles de la Court. Des Surveillans, autrement dits Gardiens de l'Eglise. 31. Chasque semaine aprés Pasques, le Ministre & les Paroissiens de chaque Eglise choisiront deux Surveillans, gens discrets, & de bonne Conversation, & des plus capables, scachans lire & escrire, s'il est possible. Que si les dits Paroissiens ne peuvent accorder en l'Election, le Ministre aura pouvoir d'en nommer un, & les Paroissiens l'autre, par la Majeure Voix d'iceux; & seront puis aprés Assermentés à la prochaine Court, & hien advertis de leur Devoir. 32. Le Devoir d'i ceux sera de voir que les Temples & Cimetieres ne soint profanés par aucuns Exercices ou Actions profanes, comme aussy de ne permettre l'Entrée du Temple à aucun Excommunié, duquel la Sentence à esté Publiée en leur Paroisse: Et seront soigneux de Presenter de temps en temps ceux qui negligent les Exercices Publics du Service Divin, & l'Vsage des saints Sacremens, & généralement tous Delicts qui sont de Cognoissance Ecclesiastique; & bailleront les dites Presentations sous leur signes, & ne pourront estre contraints de Presenter que deux fois par An. 33. Ils auront soin pareillement d'entretenir le Temple en bonne Reparation, & les Cimetieres en bonne Closture; & de voir que toutes choses appartenantes à l'Eglise, à l'Administration de la parole & des Sacremens, soyent pourveûes & entretenùes de temps en temps; comme sont la Bible de la meilleure Translation & en plus grosses Lettres, le liure des Communes Prieres tant pour le Ministre que pour le Clerc ou Cousteur de la Paroisse, un liure de Parchemin pour Enregistrer les Baptesmes Marriages & Enterremens, une Table convenable pour Administrer la Sainte Cene, avec un Tapis pour mettre sus durant le Service divin, des Fonds pour le Baptesme, Coupes, & Vaisseaux dédiézseulement a cet Vsage, Nappes, Serviettes, avec un Coffre pour retirer les dites Vtensiles, un Tronc pour les Aumosnes, un Tapis & Carreau pour la Chaire, & pourvoyront aussy le Pain & le Vin de la Céne. Item, verront que les Bancs & Siéges soyent appropriés pour la Commodité du Ministre & des Paroissiens, & ce par l'advis & conseil de leur Ministre; & le tout des Rentes & Revenus du Thresor de l'Eglise. 34. Les dits Surveillans seront obligés de garder un bon & loyal Compte dans un Livre de leur Mises & Recéptes, & de l'emploite ●qu'ils feront des Deniers du Thresor; lequel sera banni de temps en temps selon la Coustume, & ce entre les mains dés dits Surveillans, & Procureurs de la Paroisse, lesquels employront le dit Thresor pour les Choses necessaires & convenables a l'Eglise, ou Bien Public; se Gouvernans par l'Advis du Ministre & Principaux de la Paroisse en toutes choses Extraordinaires qui concernent la dite Paroisse; & en cas d'Affaires Publiques, l'Assemblée des Estats leur prescrira ce qui sera trovué expédient pour l'Vtilité Publique: & devant qu'estre deschargés donneront Advertissement aux Paroissiens pour o●ir leur Comptes la Semaine de Pasques, lesquelsseront Signés par le Ministre & Principaux de la Paroisse: & si aucuns dés dits Paroissiens, ou autres, refusent de payer les Rentes qu'ils doivent audit Thresor, les dits Procureurs & Surveillans, ou aucun d'iceux, les poursuiuront par les voyes Ordinaires de Justice: Mais cas advenant de Controverse aux dits Accomptes, ou abus qui seroient à Reformer, le Doyen & Ministre de la Paroisse où la dite Controverse ou abus se trouvera, se joindront avec le Bailly & Juréts pour y donner Ordre convenable. 35. Lesdits Surveillans durant le Service Divin au jour de Dimanche visiteront les lieux suspects de Jeux & Dissolutions; & ayans le Connestable pour les assister, visiteront paréillement les Tavernes & Maisons de Debauche. 36. Ils auront soin qu'il ny ait aucune Substraction. & recellement des choses appartenantes à l'Eglise; comme aussy ils se pourront saisir, & poursuiure tous dons & Legats Mobilaires faits à l'Eglise & aux Pavures, selon les loix du Pais. 37. Il y aura deux Collecteurs des Ausmosnes des Pavures en chasque Paroisse, qui feront Office d'Assistans, & seront esleus comme les Surveillans; & auront serment en Court pour sebien comporter en leur Charge: & rendront compte de leur Administration deux fois l'An par devant le Ministre & Paroissiens, s●avoir est à Pasques & à la St. Michael. Des Clercs, ou Cousteurs. 38. Les Clercs ou Cousteurs des Paroisses seront choisis par le Ministre & Principaux de la Paroisse, de l'age de XX ans pour le moins, de bonne vie & Conversation, scachans lire posément, distinctement, & intelligiblement, & escrire, & qui entendent aucunement le Chant des Pseaumes, s'il est possible. 39. Leur Charge est d'appeller le Peuple par le son de la Cloche au Service Divin, & où ye de la Parole de Dieu, à heure propre & convenable suivant l'ordinaire; tenir le Temple fermé & net, comme aussy les Bancs & la Chaire; conserver les Liures & autres choses appartenantes à l'Eglise dont ils auront la Charge; pourvoir l'Eau pour le Baptesme, faire les Criées & Denonciations qui leur seront enjointes par la Court, ou par le Ministre; & auront leur Gages & Salaires par la Contribution des Paroissiens, soit en bled, froment, ou Argent, selon l'Vsage du Pais. Des Maistres d'Eschole. 40. Il y aura un Maistre d'Eschole en chasque Paroisse, choisi par le Ministre, Surveillans, & Principaux d'icelle, & par aprés presenté au Doyen pour estre Authorizé en cette Charge; & ne sera loisible à aucun de l'Exercer sans y estre ainsy apellé: & les Ministres auront soin de les visiter, & exhorter à faire leur Devoir. 41. Ils useront de toute laborieuse diligence à Instruire les Enfans à lire, escrire, Prier Dieu, respondre au Catéchisme, les duiront aux bonnes Moeurs, les conduiront au Presche, & Prieres Publiques, les y faisant comporter comme il appartient. De la Court. 42. La Court se tiendra une fois la Semaine au Lundy, & observera les mesmes Termes de Vacations que la Court Civile. 43. A chasque séance, au Commencement d'icelle, les Noms des Assesseurs seront Intitulés, le jour, & le mois, & les Sentences leües. 44. Aprés Jugement & Sentence donnée du Principal, les Coustages des Parties, & Substraction de salaire aux Officiers de la Court, se poursuivront par les Consures Ecclesiastiques. 45. Il y aura deux Avocats de●ement assermentés à la Court, afin▪ que le Peuple puisse agir formellement & Juridiquement, sans Confusion ou Surprise. Et le Greffier aussy estant assermenté enregistrer●… sidélement la Sentence qui aura esté prononcée, & baillera Copie des Actes à ceux qui le requerront. 46. Le Procureur du Roy, & en son Absence l'Avocat, pourront assister de temps en temps a la Court, pour poursuiure la Censure & Punition de toutes Causes de Crime & Scandale. 47. Pour exécuter les Citations & Sémonces, le Doyen assermentera les Cousteurs des Paroisses, & un Appariteur, lesquels donneront fidéle Record de leurs Exploits, en donnant Copie des Citations & Mandats Originels à ceux qui le requerront, & en absence de la Partie aux Domestiques; & les Causes de la Comparence seront exprimées dedans lesdites Citations, & Mandats. 48. Si la Partie ne se trouve point, soit en se cachant, ou autre Collusion, la Citation sera affichée à l'huis du Temple Paroissial d'icelle, en cas qu'il n'ayt aucun Domicile, & ce en jour de Dimanche. 49. S'il parvient aux oreilles du Doyen par Relation de gens de bien, que quelqu' un vit notoirement▪ en quelque Scandale, il en pourra avertir le Ministre & les Surveill●ns de la Paroisse, afin que s'en estant informés, ils Presentent telles personnes qui meritent d'estre punies ou Censurées. 50. Là où il constera de la faute commise par quelque Ministre, le Doyen, aprés Monition réitérée, procédera à la Reformation par l'avis & Consentement de deux Ministres, jusqu'a Suspension & Sequestration; & en cas que ledit Ministre demeure Refractaire, le Doyen procédera, par le Consentement de la plus part des Ministres presents en l'Isle, jusqu'a Déprivation. 51. On ne fera point de Commutation pour Pénitence sinon avec grande Circonspection, ayant égard à la qualité des Personnes, & Circonstances des fautes; Et sera la Commutation enregistrée ès Actes de la Court, pour estre employée aux Pavures, & usages pi eux, & dont Accomptes seront rendus selon ledit Registre. 52. Aprés la premiere Defaute, la Non-comparence de ceux qui seront derechef cités par Mandat sera reputée Contumace; & si estans cités par aprés en Péremptoire ils ne comparoissent, on pourra procéder à l'encontre d'eux à l' Excommunication. Que si dans le prochain jour de Court la Partie ne fait devoir d'obtenir Absolution, on procédera à la Publication de la Sentence, & Mineure Excommunication, laquelle sera delivrée au Ministre de la Paroisse pour en faire lecture à jour Solennel, & à l'o●ye de la plus part des Paroissiens assemblés; & lapartie persistant en son Endurcissement, on procédera à la Majeure Excommunication, qui forclost le Pécheur à Sacris & Societate Fidelium. Que si cette Censure ne sert pour l'induire à Obéissance, & se ranger dans le Terme de 40 jours, alors le Doyen parson Certificat authentique donnera Avertissement au Bailly & Jurétz de ladite Contumace, & les requerra en Assistance de sa Jurisdiction de le faire saisir par les Officiers Civils, pour le rendre Prisonnier en Détention Corporelle, jusqu'a ce quil se soit submis, & obligé d'obtemperer à l'Ordonnance de l'Eglise; & devant qu'estre Absous, sera tenu de payer les frais & Coustages de la poursuite de la Cause. 53. En Causes de Paillardise, sur la Presentation des Surveillans, avec les Probabilités, commun Bruit, Scandale, & Presumptions à ce requises, la partie sera sujette de subir le Serment de sa Purgation, ou autrement sera tenu pour Convaincu. 54. En cas d'Adultére à l'Instance de Partie, on y procédera meurement par bonnes preuves & Informations, pour avoir Evidence du faict objecte; & le sujet & Preuve du fait le requerant, on pourra conclurre jusqu'a Séparation à Thoro & Mensâ. 55. Là où il y aura Calomnie ou Diffamation provuée, on fera Recognoissance des Injures selon l'Exigence du cas; pourveu que l'Action ne soit prescrite par lapse de temps, d'un an entier; & pourveu que le sujet de l'Action soit de Crimes Ecclesiastiques cy devant Specifiés. Des Appellations. 56. Les Appeaux en Causes Ecclesiastiques seront oûis & définis par le Réuérend Pére en Dieu l'Evesque de Winchestre▪ en personne; & en cas de Vacance de ce Siége, par le Trés Réuérend Pére en Dieu l'Archvesque de Canterbury en personne. 57. Tout Appels interjettera dans Quinze jours aprés Cognoissance de la Sentence, & sera la partie obligée de prendre & exhiber tout le Procés, & Actes du Registre, ou Rolles de la Court; & lesquels Actes aussy luy seront deliurés en forme & temps convenable, authentiqués sous le sceau de l'Office; & sera l'Appellant sujet de le poursuiure dans an & jour, aut Sententiae latae stare compellitur. 58. Il ne sera licite d'Appeller qu'aprés Sentence Définitive de la Cause, sinon pour ces deux égards; ou quand l'Interlocutoire est telle qu'elle met fin à la Cause; ou quand ladite Interlocutoire estant obéie elle apporte tel Damage irreparable à la partie qu'il ne peut estre amendé par Appel de la Définitive. Of the King's Supremacy. FIrst, according to the Duty we owe to the King's most Excellent Majesty, it is ordained that the Dean and Ministers, having Cure of Souls, shall be obliged to the utmost of their Power, Knowledge, and Learning, purely and sincerely, without any Backwardness or Dissimulation, to teach, publish, and declare, as often as they may, and as occasion shall offer itself, that all foreign, strange and usurped Power, for as much as it has no ground in the Word of God, is wholly for good and just Causes taken away, and abolished; and that therefore no manner of Obedience or Subjection within His Majesty's Kingdoms and Dominions is due unto any such Power: But that the King's Power within his Kingdoms of England, Scotland, and Ireland, and other his Dominions and Countries, is the highest Power under God, to which all Persons, Natives and Inhabitants within the same, do by God's Law owe Loyalty and Obedience, before and above all other Power. 2. Whosoever shall affirm and maintain that the King's Majesty hath not the same Authority in Causes Ecclesiastical which Godly Kings had among the Jews, and Christian Emperors in the Primitive Church; or shall in any manner of way impeach or obstruct the King's Supremacy in the said Causes; Moreover, whosoever shall affirm that the Church of England, as it is established under the King's Majesty, is not a true and Apostolical Church, purely teaching the Doctrine of the Prophets and Apostles; or shall impugn the Government of the said Church by Archbishops, Bishops, and Deans, affirming it to be Anti-christian; shall be ipso facto Excommunicated, and not restored but by the Dean sitting in Court, after his Repentance, and public Recantation of his Error. Of Divine Service. 3. It is enjoined unto all sorts of Persons to submit to the Divine Service contained in the Book of Common- Prayers of the Church of England: And for as much as concerns the Ministers, they shall be obliged to observe with Uniformity the said Liturgy, without Addition, or Alteration; And no Conventicle or Congregation shall be suffered to make Sect apart, or withdraw themselves from the Ecclesiastical Government established in the Island. 4. The Lord's Day shall be sanctified by the Exercises of public Prayer, and hearing of God's word; whereat every one shall be bound to assist at a convenient hour, and to observe the Order and Decency in that Case requisite; being attentive at the reading and preaching of the Word, kneeling on their Knees during the Prayers, and standing up at the Confession of Faith, and shall also testify their Consent and Participation in saying Amen. And in pursuance thereunto, during any part of Divine Service, the Church- Wardens shall not suffer any interruption or hindrance to be made by the Insolence or Talk of any person either in Church or Church-yard. 5. There shall be Public Exercise in every Parish on Wednesday and Friday Mornings, by reading the Common Prayer. 6. When any urgent Occasion shall require an Extraordinary Fast to be celebrated, the Dean with the advice of the Ministers shall give notice thereof to the Governor and to the Civil Magistrate, to the end that by their Consent and Authority, it may be generally observed, for the appeasing of the wrath and indignation of God, by a true and serious Repentance. Of Baptism. 7. Baptism shall be administered in the Church with fair and common water, according to the Institution of Jesus Christ, and without Limitation of days; nor shall any delay the bringing of his Child to Baptism longer than the next Sunday, or public Assembly, if it may conveniently be done; and no one shall be admitted to be a Godfather that does not participate to the Holy Communion; Women alone (viz. without the Presence of a Man to be Godfather) shall not be admitted to be Godmothers. Of the Lord's Supper. 8. The Lord's Supper shall be administered in every Church four times a Year, whereof one shall be at Easter, and the other at Christmas; And every Minister in the Administration of the said Supper, shall first receive the Sacrament himself, and after distribute the Bread and Wine to each of the Communicants, using the Words of the Institution. 9 All Fathers and Masters of Families shall be exhorted and enjoined to cause their Children and Domestics to be instructed in the Knowledge of their Salvation, and to this End shall take care to send them to the Ordinary Catechising. Of Marriage. 10. None shall Marry contrary to the Degrees prohibited by the Word of God; as they are expressed in the Table made by the Church of England, on pain of Nullity and Censure. 11. The Banes shall be asked three Sundays successively in the Parish Churches of both Parties, and the Party of the Parish where the Marriage shall not be celebrated shall be obliged to bring Certificate of the Publication of his Banes in his own Parish. Nevertheless in lawful Cases there may be Licence and Dispensation of the said Banes given by the Authority of the Dean, who shall take good Security of the Liberty of the Parties. 12. There shall be no Separation à Thoro & Mensâ but in Case of Adultery, Cruelty, and Danger of Life, duly proved, and this at the Instance of the Parties: And as for the Maintenance of the Woman during the Separation, she shall have recourse to the Secular Power. Of Ministers. 13. None that is not fit to, Teach, nor able to Preach the Word of God, shall be admitted to any Benefice within the Isle; or that has not received Imposition of Hands, and been Ordained after the Form used in the Church of England. 14. None, either Dean or Minister, shall hold two Benefices together, unless in time of Vacancy; And the Originaries, or Natives of the Isle, shall be preferred before others to the Ministry. 15. The Ministers every Sunday after the Public Morning Prayers shall expound some Place of Holy Scripture, and in the Afternoon shall handle some of the Points of the Christian Religion contained in the Catechism of the Book of Common-Prayers. 16. In their Prayers they shall observe the Titles due to the King, acknowledging him Supreme Governor under Christ in all Causes and over all Persons, as well Ecclesiastical as Civil, recommending [unto God] the Prosperity of his Royal Person, Estate, and Posterity. 17. Every one of the Ministers shall be careful to show that Decency and Gravity of Apparel which becomes his Profession, and may preserve the Respect due to his Person; And they shall be very circumspect in the whole Course of their Lives to keep themselves from such Company, Actions, and Haunts, as may bring any blame or blemish upon them; nor shall they dishonour their Calling, by Games, Taverns, Usuries, Trades or Occupations not befitting their Function; but shall study to excel others in Purity of Life, Gravity, and Virtue. 18. They shall take care that a Register be kept of Christen, Marriages, and Burials; And shall be obliged to publish on the Day that shall be appointed them, the Ordinances of the Court, which shall be sent to them signed and sealed by the Dean, they being delivered to them fifteen Days before the Publication. 19 The Ministers shall have notice in convenient time to assist at such Burials as shall be in their Parishes, whereat they shall observe the Form prescribed in the Book of Common- Prayers; And none shall be interred within the Church without leave of the Minister, who shall have regard to the Quality of the Persons, and withal to those that are Benefactors to the Church. Of the Dean. 20. The Dean shall be a Minister of the Word of God, being a Master of Arts, or Graduate in the Civil-Law, at the least; having Abilities to exercise the said Office, Of good Life and Conversation, zealous, and well affected to Religion, and the Service of God. 21. The Dean, in Causes which shall be handled in Court, shall demand the Advice and Opinion of the Ministers who shall then be present. 22. He shall have the Cognizance of all Matters which concern the Service of God, the Preaching of the Word, Administration of the Sacraments, Matrimonial Causes, the Examination and Censure of all Papists, Recusants, Heretics, Idolaters, and Schismatics, Persons perjured in Causes Ecclesiastical, Blasphemers, such as have recourse to Wizzards, Incestuous Persons, Adulterers, Fornicators, common Drunkards, and public Prophaners of the Lord's Day; as also of the Profanation of Churches and Churchyards, Contempt and Offences committed in Court, or against any Officers thereof in the Execution of the Mandates of the Court, Divorces, and Separation à Thoro & Mensâ; with Power to censure and punish them according to the Ecclesiastical Laws, without Prejudice to the Power of the Civil Magistrate in regard of bodily Punishment for the said Crimes. 23. The Dean accompanied by two or three Ministers shall once in two Years Visit every Parish in person, and shall give order that there be a Sermon on the Visitation-day, either by himself, or some other by him appointed; which Visitation shall be made for the ordering that all things appertaining to the Church, the Service of God, and the Administration of the Sacraments, be provided by the Church- Wardens, and that the Church, Church- Yard, and Parsonage-House, be maintained and repaired: And likewise shall receive information from the said Church- Wardens, or (if they should fail in doing their Duty) from the Minister, of all Offences and Abuses which need to be reform, whether in the Minister, Officers of the Church, or others of the Parish; And the said Dean for the said Visitation shall each time receive 40 Sols out of the Treasury of the Church. 24. In case of Vacancy of any Benefice, either by Death, or otherwise, the Dean shall give present Order that the Profits of the said Benefice be sequestered, and that out of the Revenue thereof the Cure be supplied; and also that the Widow or Heirs of the Deceased be satisfied in proportion to the Time of his Service, according to the Custom of the Isle, with such necessary Deductions as must be made for Dilapidations, if there be any; and shall give convenient Time to the Widow of the Deceased to provide herself of a Dwelling; and shall dispose of the Residue to the next Incumbent, to whom the Sequestrator shall be accountable. 25: In the same Case of Vacancy of any Benefice, if within six Months the Governor does not Present some person to the Right Reverend Father in God the Bishop of Winchester, or in the Vacancy of that See, to the most Reverend Father in God the Archbishop of Canterbury, to be admitted and instituted to the said Benefice, than the Dean shall give notice of the Time of the Vacancy to the said Lords Bishop or Archbishop, as it shall happen, to the end they may give Order for collating to the Benefice: And when any shall be Presented to them, the Dean shall give Certificate of the behaviour and Sufficiency of the Party, to be approved by them, before he be actually admitted by the Dean into Possession of the said Benefice. 26. The Dean shall have the Entry and Probate of Wills; which shall be approved under the Seal of his Office, and Registered; He shall have also the Registering of the Inventories of Goods Mobiliary belonging to Orphans, whereof he shall keep a faithful Register, that he may give Copies of them whenever he shall be required. Moreover, he shall give Letters of Administration of the Goods of Intestates, dying without Heirs of their Body, to the next of Kindred. 27. They that have the Will in their Custody, whether they be Heirs, Executors, or others, shall be obliged to exhibit and bring the same to the Dean within one Month; in default whereof they shall be convened into Court by Mandate, paying double Charges for the Compulsory; and the said Dean shall have for the said Wills, Inventories, and Letters of Administration, such Fees as are specified in the Table made for that purpose. 28. All Legacies Mobiliary made to the Church, Ministers, Schools, or Poor, shall be of the Cognizance of the Dean; But upon any Opposition made concerning the Validity of the Will, the Civil Court shall determine it betwixt the Parties. 29. It appartains to the Dean to have Cognizance of all Substraction of Tithes belonging to the Church, of what kind soever they be, which have been paid to the Ministers, and which they have enjoyed and have been possessed of forty Years; and every Person convicted of Substraction, Fraud, or Detention of the said Tithes, shall be adjudged to make Restitution, and pay the Cost and Charges of the Party; And for the preservation of all and singular the Rights, Tithes, Rents, Lands and Possessions Beneficiary, there shall be a Terrice made by the baily and Jurats, assisted by the Dean and King's Procurator. 30. The Dean shall have Power to make choice of a Deputy or Commmissary, who shall execute and supply the Place and Office of the Dean so far as his Commission shall extend, of which there shall be an Authentic Act in the Rolls of the Court. Of the Churchwardens. 31. Every Week next after Easter, the Minister and People of each Parish shall choose two Churchwardens, discreet Men, of good Conversation and Capacity, able to read and write, if possible. But if they cannot agree in the Election, the Minister shall have Power to name one, and the Parishioners another, by the Majority of Voices; which two shall be after sworn in the next Court, and there well admonished of their Duty. 32. Their Duty shall be to see that the Churches and Churchyards be not abused by any profane Exercises or Actions, as also not to suffer any Excommunicated Person to come into the Church, after the Sentence has been published in their Parish: And they shall be careful to Present from time to time those that neglect the public Exercises of Divine Service, and the Use of the Holy Sacraments, and generally all Delinquencies that are of Ecclesiastical Cognizance; Which Presentations they shall exhibit under their Hands, nor shall they be constrained to Present above twice a Year. 33. They shall have care moreover to keep the Church in good Repair, and the Church-Yards well fenced; and to see that all things appartaining to the Church, the Administration of the Word and Sacraments, be provided and maintained from time to time; such are, a Bible of the best Translation and largest Character, the Book of Common-prayer both for the Minister and Clerk or Sexton of the Parish, a Book of Parchment to Register the Christen Marriages and Burials, a decent Table to administer the Holy Supper, with a Carpet to cover it during Divine Service, Fonts for Baptism, Cups and Vessels serving only to that Use, Table- clothes, Napkins, with a Coffer wherein to keep the said Utensils, a Trunk or Box for Alms, a Cloth and Cushion for the Pulpit, and shall also provide the Bread and Wine for the Sacrament. Moreover, They shall see that the Pews and Seats be well fitted for the Conveniency of the Minister and Parishioners, and that with the Advice and Council of their Minister; All this, out of the Rents and Revenues of the Treasury of the Church. 34. The said Churchwardens shall be obliged to keep in a Book, a good and faithful Account of their Disbursements and Receipts, and of the Use they shall make of the Moneys of the Treasury; which shall be published (in Order to be let out to Farm) from time to time according to Custom, and that in the Name of the said Churchwardens, and Procurators of the Parish; who shall employ the said Treasury in things necessary and convenient for the Church, or the public Occasions; Governing themselves by the Advice of the Minister and Chief of the Parish in all things Extraordinary which concern the said Parish; And in case of public Business, the Assembly of the States shall prescribe to them what shall be found expedient for the common Good: And before they quit their Charge, they shall give notice to the Parishioners that they may Audit their Accounts in Easter-Week, which Accounts shall be signed by the Minister and Chief of the Parish: And if any of the said Parishioners, or others, refuse to pay the Rents they owe to the said Treasury, the said Procurators and Churchwardens, or any of them, shall prosecute them by the ordinary Ways of Justice: But in case of any Controversy about the said Accounts, or of any Abuse to be reform, The Dean and Minister of the Parish where the said Controversy or Abuse shall be, shall, together with the baily and Jurats, determine it as shall be found convenient. 35. The said Churchwardens during Divine Service on the Sunday shall search Places suspected of Gaming, idle and riotous Practices; and having the Constable to assist them, shall also search Taverns, and scandalous Houses. 36. They shall be careful that there be no withholding or concealing of things appertaining to the Church; They may also seize into their Hands, or prosecute the Delivery of all Donations and Legacies Mobiliary made to the Church and Poor, according to the Laws of the Country. 37. There shall be Two Collectors of the Alms for the Poor in each Parish, who shall also discharge the Place of Sidesmen, and shall be chosen as the Churchwardens; and shall be sworn in Court to behave themselves well in their Office: And shall give an Account of their Administration twice a Year, before the Minister and Parishioners, Viz. at Easter, and at Miohaelmas. Of the Clerks, or Sextons. 38. The Clerks or Sextons of the Parishes shall be chosen by the Minister and Chief of the Parish, and shall be of the Age of XX Years at the least, of good Life and Conversation, able to read fairly, distinctly, and intelligibly, and to write also, and sitted somewhat for the singing of the Psalms, if it may be. 39 Their Charge is, by ringing of the Bell, to call the People to Divine Service, and hearing of the Word of God, at a proper and convenient Hour, according to Custom; To keep the Church shut, and clean, as also the Pews and Pulpit; To preserve the Books, and other things belonging to the Church, whereof they shall have the Custody; To provide Water for Baptism, and to make such Proclamations and Denunciations as shall be enjoined them by the Court, or by the Minister; and shall receive their Wages and Salaries by the Contribution of the Parishioners, whether in Corn or Money, according to the Custom of the Country. Of Schoolmasters. 40. There shall be a Schoolmaster in every Parish, chosen by the Minister, Churchwardens, and principal Persons thereof, and after presented to the Dean to be licenced thereunto; And it shall not be lawful for any to exercise this Charge, not being in this manner called unto it: The Ministers shall take care to visit them, and exhort them to do their Duty. 41. They shall use all laborious Diligence to teach the Children to read, and write, say their Prayers, answer to the Catechism, they shall form them to good Manners, shall bring them to Sermon, and Common- Prayers, seeing them behave themselves there as becometh. Of the Court. 42. The Court shall be kept once a Week, on the Monday, and shall observe the same Terms and Vacations as the Court Civil. 43. At every Session, in the beginning thereof, the Names of the Assessors shall be enroled, the Day, and the Month, and the Sentences perused. 44. After Judgement and Sentence given in the principal Matter, the Costs of the Parties, and the Fees of the Officers of the Court, shall be awarded by the Ecclesiastical Censures. 45. There shall be two Advocates (or Proctors) duly sworn to the Court, to the end the People may proceed formally and juridically, without Confusion or Surprise. And the Greffier (or Register) being also sworn shall faithfully record the Sentence which shall be pronounced, and shall give Copy of the Acts to such as shall require it. 46. The King's Procurator, and in his Absence the Advocate, may be present from time to time in the Court, and there prosecute the Censure and Punishment of all Causes of Crime and Scandal. 47. For executing or serving the Citations and Summons, the Dean shall swear the Clerks of the Parishes, and an Apparitor, who shall give a faithful Report of their Exploits, giving also Copies of the Original Citations and Mandates to such as shall require them, or in the Absence of them to their Domestics; And the Causes of the Appearance shall be expressed in the said Citations and Mandates. 48. If the Party will not be found, as either concealing himself, or using some other Collusion, the Citation shall be affixed, in case he has no settled Habitation, on the Door of his Parish-Church, and that upon a Lord's Day. 49. If it comes to the notice of the Dean by the Report of honest Men, that any one liveth notoriously in some Scandal, he may advertise the Minister and Churchwardens of the Parish, to the end that informing themselves thereof, they may Present such Persons as deserve to be punished or censured. 50. Upon good Proof of a Crime committed by any Minister, the Dean, after repeated Admonitions, shall proceed to the Reformation of him, by the Advice and Consent of two Ministers, even unto Suspension and Sequestration; And in case the said Minister continues refractory, the Dean, by the Consent of the greater Part of the Ministers present in the Island, shall proceed even to Deprivation. 51. No Commutation shall be made for Penance but with great Circumspection, having regard to the Quality of the Persons, and Circumstances of the Crimes; And the Commutation shall be enroled in the Acts of the Court, in order to be employed upon the Poor and in Pious Uses, whereof account shall be given according to the said Register. 52. After the first Default, the Non-appearance of such as shall be cited again by Mandate shall be reputed Contumacy; And if being afterwards peremptorily cited they do not appear, they may be proceeded against by Excommunication. If before the next Court-day the Party doesnot endeavour to obtain Absolution, the Court shall proceed to the Publication of the Sentence, and Minor Excommunication, which shall be delivered to the Minister of the Parish to be read upon some solemn Day, and in the hearing of the greater part of the Parishioners assembled; And the Party persisting in his Obstinacy, the Court shall proceed to the Major Excommunication, which excludes the Sinner à Sacris & Societate Fidelium. If this Censure cannot induce him to Obedience and Submission within the Space of forty Days, than the Dean by his Authentic Certificate shall give advice to the baily and Jurats of the said Contumacy, and shall require them in Support of his Jurisdiction to cause him to be seized by the Civil Officers, and constituted Prisoner, under Bodily Detention, till such time as he has submitted, and obliged himself to obtemperate to the Ordinance of the Church; And before he be absolved, he shall be bound to pay the Costs and Charges of the Prosecution of the Suit. 53. In cases of Incontinency, upon Presentment of the Church- Wardens, together with Probabilities, common Fame, Scandal, and Presumptions in this Case requisite, the Party shall be subject to undergo Purgation upon Oath, or otherwise shall be held as if he were convicted. 54. In Cases of Adultery at the Instance of either of the Parties, the Proceedings shall go on maturely, by good Proofs and Informations, in order to have Evidence of the Fact objected; And the Subject, and Proof of the Fact requiring it, the Court may proceed to Separation à Thoro & Mensâ. 55. Upon Proof of Calumny or Defamation, the Party guilty shall make acknowledgement of the injury according to the Exigency of the Case; provided the Suit be prosecuted before Lapse of Time, or that a Year be expired; and provided that the Matter of the Suit be of Crimes Ecclesiastical before specified. Of Appeals. 56. Appeals in Causes Ecclesiastical shall be heard and determined by the Reverend Father in God the Bishop of Winchester in Person; or in the Vacancy of that See, by the most Reverend Father in God the Archbishop of Canterbury in Person. 57 All Appeals shall be entered within fifteen Days after notice of the Sentence, and the Party shall be obliged to take out and exhibit the whole Process, and Acts of the Register or Rolls of the Court; which Acts shall also be delivered to him in Form and Time convenient, authenticated under the Seal of the Office; And the Appellant shall be bound to prosecute his Appeal within a Year and a Day, aut Sententiae latae stare compellitur. 58. It shall not be lawful to appeal but after Sentence Definitive of the Cause, unless in these two Cases; either when the Interlocutory is such as puts an End to the Cause; or when the said Interlocutory being obeyed brings such irreparable Damage to the Party that he cannot be relieved by Appeal from the Sentence Definitive. * Here followeth a Table of Fees, not thought necessary to be Englished. Table des Droicts appartenants au Doyen & a says Officers pour toutes Causes ecclesiastics. POur l'Approbation des Testaments où les Biens du Deffunct n'excéderont la Valeur de 50 l. Tournois, de claro, au Doyen o; au Greffier pour l'Escriture & Enregistrement 5 s. Pour l'Approbation des Testaments au dessus de la Valeur de 50 l. Tournois, au Doyen 20 s; au Greffier 10 s. Pour Lettres d'Administration où les Biens du Deffunct n'excéderont la Valeur de 50 l. Tournois, de claro, au Doyen o; au Greffier pour l'Escriture de ladite Lettre, 5 s. Pour Lettres d'Administration au dessus de ladite Somme, au Doyen 30 s; au Greffier 10 s. Pour Enregistrement des Inventoires des Biens des Pupilles là où ledit Inventoire ne se montera à 50 l. Tournois, au Doyen o; au grief pour ledit Enregistrement 3 s. Pour Enregistrement des dits Inventoires excédants lafoy Somme de 50 l. Tournois, au Doyen 20 s; au Greffe 10 s. Pour Copy authentic desdits Testaments, Lettreses d'Administration, ou Inventoires, au Doyen pour son Sceau 5 s. au grief 5 s. Pour le Compulsoire des Testaments, au Doyen & Appariteur 10 s. Pour Dispense des Bans de Marriage, au Doyen 30 s. Four lafoy Sequestration des Fruicts d'aucun Bénéfice, au Doyen 60 s. Pour Induction des Ministres, au Doyen 30 s. Pour les Mandates & Citations, au Doyen 2 s. au grief pour l Escriture d'yceux, 1 s. à l'Appariteur pour exécuter les Citations ou Mandates, 2 s. 6 d. au Cousteur pour les Citations qu'il fera dans sa Paroisse, 1 s. Au Doyen pour l'Absolution de la Mineure Excommunication, 10 s. au grief 2 s. a l'Appariteur 2 s. 6 d. Au Doyen pour l'Absolution de la grande Excommunication, 20 s. au Greffier 5 s. a l'Appariteur 5 s. Pour Causes entre Parties litigants, lafoy Party succombante payera les Salaires & Droicts des Officers, & 3 s. par Acte a la Party, & a chasque Tesmoin produit en Court 3 s. Aux Avocats de la Court pour chasque 'Cause qu'ils plaideront, 5 s. Au grief pour chasque Act de Court, 1 s. Pour chasque premiere deffaute en Court, 1 s. Pour la Contumace, 3 s. Suivant ce que dessus, est Ordonné que le Doyen & ses Successeurs, ou aucuns des Officiers qui sont à present, & seront par cy aprés, ne pourront directement ny indirectement lever, exiger, ou recevoir des Habitants de ladite Isle autres Droicts & Salaires que ceux qui sont Specifiés en la Table cy dessus escripte. Plus outre est Ordonné que ce qui a esté par cy devant exercé & mis en exécution en ladite Isle, en quelques Causes que ce soit, par Vertu d'aucune Jurisdiction Ecclesiastique, demeurerà pour abrogé, pour ne pouvoir estre tiré en President par ledit Doyen ou aucuns de ses Successeurs à exercer ou Executer en temps a venir, contre ou outre la Teneur desdits Canons à present conceûs & & Ordonnés; Mais que le tout soit rapportê & limité au contenu desdits Canons & Constitutions Ecclesiastiques. Comme aussy ne sera donné aucun empeschement par le Magistrat Civil de ladite Isle audit Doyen & ses Successeurs, en l'Exécution paisible de ladite Jurisdiction, au contenu d'iceux Canons, comme n'estans prêjudiciables aux Priviléges, Loix, & Coustumes de ladite Isle, auxquelles n'est entendu déroger. Donné sous nostre Signet (comme devant est dit) à nostre Palais de Greenwich, le dernier jour de Juin, l'An de nostre Regne d'Angleterre, France, & Ireland le XXI me. Et d'Escosse le LVI me. PUrsuant to what is above said, it is ordained that neither the Dean, nor his Successors, nor any of the Officers which are now, or shall hereafter be, shall either directly or indirectly raise, exact, or receive from the Inhabitants of the said Island, any other Fees or Salaries than those specified in the Table above-written. Moreover it is ordained that what has been heretofore done or put in Execution in the said Isle, in any Causes whatsoever, by virtue of any Ecclesiastical Jurisdiction, shall remain abrogated, and shall not be drawn into Precedent by the said Dean or any of his Successors, to exercise or execute the same in time to come, contrary or beyond the Tenor of the said Canons now conceived and ordained; But that all be referred to, and limited by the Contents of the said Canons and Constitutions Ecclesiastical. As also that there shall be no hindrance given by the Civil Magistrate in the said Island to the said Dean and his Successors, in the peaceable Execution of the said Jurisdiction, according to the Contents of the said Canons, as not being prejudicial to the Privileges, Laws, and Customs of the said Isle, to which 'tis not intended to Derogate. Given under Our Signet (as before is said) at Our Palace at Greenwich, the last Day of June, in the Year of Our Reign of England, France, and Ireland, the XXI th'. and of Scotland the LVI th'. (Under Signed in the Original.) * George Abbot Archbishop of Canterbury. G. Cant. † John Williams Bishop of Lincoln, and Lord Keeper of the ●eat S●●l. Jo. Lincoln, C. S. ‖ Lancelot Andrews Bishop of Winchester. La. Winton. Diocese. These Islands were first in the Diocese of Dol in Bretagne, and so continued from the time of St. Samson x Vid. Suprà pag. 115, 116, etc. , till the coming of the Danes or Normans into Neustria, who falling out with the Bretons about the limits of their Territories, and a War ensuing thereupon betwixt them, withdrew these Islands from the Obedience of the British Bishop, and gave them a Bishop of their own, viz. that of Coûtance in Normandy, the lofty Towers of whose beautiful Cathedral (once our Mother Church) are seen from JERSEY. To this Bishop these Islands remained subject even after the Defection of Normandy, notwithstanding the frequent Wars betwixt the two Crowns, until the Tenth Year of Queen Elizabeth. King John indeed having lost Normandy had once in an angry Mood, designed to annex them to the See of Exeter in England y Rotul. Insular. in Scaccar. , but did not. It was the Change of Religion in these Islands that took away from the Popish Bishop of Coûtance his Jurisdiction over them: For than they were, by an Order of Council dated March 11th. 1568. transferred, and united to the Diocese of Winton. Robertus Cenalis, Bishop of Avranches in Normandy, imposes upon himself and his Readers, when he says that these Islands were sometime under his Predecessors, Bishops of Avranches. This certainly is a mistake; and must proceed from some Papers, which belike he found in the Archives of that Church, mentioning some Parcels of Tithes paid here in time passed to the Bishops of his See. Dean. The Bishops of Dol and Coûtance, for the Exercise of their Authority, had, in each Island of JERSEY and Guernezey, a Commissary or Surrogate, called Decanus, the Dean: An Office of great Antiquity, since I find it mentioned in very old Records z Clous. 23. E. I. m. 6. Cedul. Edwardus, etc. Dilecto & Fideli suo, Henrico de Cobham, Custodi Insular. de Gerneseye, & GERESSEY, Salutem. Quia accepimus quod Decanus Insulae nostrae de Genereye praedictae, super aliquibus quae spectant ad Jurisdictionem suam in eâdem Insulâ per vos hactenus extitit impeditus, quo minùs ea●● exercere possit ●t debet, Nolentes eidem Decano injuriari in hac parte, vobis Mandamus quod ipsum Decanum Jurisdict●n● suà p●●ifi●● uti p●rmittatis, prout e● uti debet, & hactenus uti consu●vit. It● tamen quo● nihil exerceat in praejudicium nostrae Regia Dignitatis. Nosque super Causâ Impedimenti praedicti per v●s eidem D●cano si● illati, in proximo Parliamento sub Sigillo vestro disti●●●● & aperte r●dd●tis certi●res. Teste Meipso apud Westm. 26. di● Augusti, Anno Regni ●ostri 23. Vid. Ryley's Placita Parliamentaria in Appendic● pag. 468. , and have reason to believe it as ancient as Episcopacy, and consequently as ancient as Christianity itself, in these Islands. To him those Bishops left the Cognizance of all Matters of Ecclesiastical Jurisdiction, reserving only to themselves Ordinations, Institutions, and Appeals. The same Power is vested in the present Deans, with this limitation, that they are to govern themselves by the Advice and Opinions of the rest of the Ministers, who are to be their constant Assessors, much after the manner of those ancient Presbyteries, or Councils of Priests, who sat with the Bishops in their Consistories, and assisted them in giving Judgement in all Causes brought before them. An excellent Government, and grounded on the Primitive Pattern. When the Office of Dean was revived in JERSEY in the Reign of K. James I, a Motion was made to give the said Dean the Power of a Bishop Suffragan within the Island: Appeals being still reserved to the Right Reverend Father in God the Lord Bishop of Winchester. I could never know why that Motion was rejected. But we daily see the necessity of such a Power, particularly in Want of Confirmation. the want of Confirmation of Children after Baptism: That Apostolical Institution being thereby become altogether unpracticable amongst Us. Nor have we any way to supply that Defect but by taking great care (as we generally do) to have Children brought to public Catechism, where, in the presence of God's Church, they renew their Baptismal Vow, and taking upon themselves the Obligations of Christianity, discharge their Sponsors of the Promise made for them at their Baptism. Upon which, and not before, we admit them to the Holy Communion. Patronage of the Churches. The Patronage of all the Churches here, in time of Popery, belonged to several Great Abbots in Normandy, as to the Abbots of St. Sauveur le Vicomte, Cherbourg, St. Michael, Blanch Land, etc. which Patronage, at the Reformation, was vested in the King, who has since made Session of it to the Governor. It is he that presents now to all vacant Benefices in His Majesty's Right. But the Deanery continues of Royal Nomination, and is held by Patent under the Great Seal. Impropriations. These Great Norman Abbots had not only the Nomination, but the Tithes also, of all the Parishes in this Island: A small Proportion, as the 3d d, 7 th', 8 th', 9 th', or 10th Sheaf of the said Impropriated Tithes being reserved for those that ministered at the Altar. These Impropriations, at the Dissolution of Monasteries in England, instead of returning to the Church, were annexed to the Crown, and are become part of the King's Revenue in the Island: Much the same Proportion as before being still allotted to the Incumbents; together with the Novals or Deserts, which are the Tithes of Lands that remained waste and untilled at the Suppression of those Houses, but have been since converted into Arable. Black-Book of Coûtance. The following Scheme drawn out of the Black-Book of Coûtance (like that in the Exchequer) will show what that Proportion was, and what the King enjoys now in right of the dispossessed Abbots. Vniversis praesentes Literas inspecturis, Officialis Constantiensis Salutem. Notum facimus quod nos ad Requestam Religiosorum Virorum Abbatis & Conventûs Sancti Salvatoris Vicecomitis, visitavimus, legimus, & inspeximus, atque visitari, legi, & inspici fecimus, quendam Librum in Domo seu Manerio Episcopali Constantiensi existentem, vulgariter Librum Nigrum nuncupatum, in quo vidimus & legimus nonnullas Clausulas, Ecclesias, & Beneficia Insulae JERSEY, & de eis cum praefato Libro Nigro collationem fecimus diligenter. Quarum quidam Clausularum Tenor sequitur de verbo ad verbum, & est talis. Ecclesia Sancti Breverlardi. Patronus, Abbas S. Salvatoris Vicecomitis, & percipit duas partes Garbarum, & Rector sextam. Abatissa de Cadomo duodecimam ‖ Supp. ●x MSS. Gall. . Abbatissa Vilmonasterii † Villers Canivet. Diaces. Sagiens. duodecimam. Rector item habet sex Virgas Eleemosynae. Et valet dicta Ecclesia Annis communibus XXX Lib. Turonens. Ecclesia Sancti Petri. Patronus, Abbas S. Salvatoris Vicecom. Et percipit medietatem Garbarum. Abbatissa Cadomensis quartam Garbam; & Abbatissa Vilmonasteriensis aliam quartam (exceptâ † MSS. Gall. Curvatâ. carucatâ de ‖ Id. Nobretey. Nobretez) Rector percipit novalia; & habet VIII Virgas Terrae Eleemosynae, & valet XXX Lib. Turon. Ecclesia de Trinitate. Patronus, Abbas Caesaris-Burgi. Abbas S. Salvatoris percipit sextam Garbam; Abbas Caesaris-Burgi tertiam, & liberam Decimam. Episcopus Auritanus † The Bishop of Avranches. medietatem Garbarum. Rector percipit novalia, & habet VIII Virgas Eleemosynae; & valet communibus Annis XXX Lib. Turon. Ecclesia Beatae Mariae. Patronus, Abbas Caesariensis. Abbas S. Salvatoris Vice-com. percipit sextam Garbam. Abbatissa Cadomensis & Monasterii † Suppl. ex MSS. Gall. Villers quartam partem Decimae Garbarum. Rector percipit tertiam partem Garbarum; & habet XVI Virgas Eleemosynae, & valet XXX Lib. Turon. Ecclesia Sancti Johannis. Patronus, Abbas S. Salvatoris Vicecom. & percipit totam Decimam, & Ecclesia ibidem Prioratus ejusdem Monasterii. Et sunt ibi duae Virgae Eleemosynae, & valet XXVIII Lib. Turon. Ecclesia Sancti Audoeni. Patronus, Abbas S. Michaelis in periculo Maris; & percipit ibi duas Garbas, & IV Lib. Turon. Abbatissa Cadom. & Monasterii Villers duodecimam Garbam. Abbas S. Salvatoris Vice-com. sextam Garbam. Rector habet IV Virgas Eleemosynae, & valet XXX Lib. Turon. Ecclesia Sancti Laurentii. Patronus, Abbas de Blancâ Landâ; & percipit tertiam partem Decimae. Abbas S. Salvatoris Vice-com. sextam. Episcopus † Avranches. Aurensis medietatem. Rector habet XVI Virgas Eleemosynae, & valet XXX Lib. Turon. Ecclesia Sancti Salvatoris. Patronus, Archidiaconus Vallis Viris † Vauvect. in Ecclesiâ Constantiensi. Et est ibi Vicarius qui reddit Archidiacono annuatim XX Lib. Turon. Dominus Episcopus Constantiensis percipit medietatem Decimae; Archidiaconus tertiam; Abbas S. Salvatoris Vice-com. sextam. Et habet Vicarius XXIV Virg. Eleemosynae. Ecclesia Sancti Clementis. Patronus, Abbas S. Salvatoris Vicecom. Rector percipit quartam & quintam Garbam. Abbas S. Salvatoris Vice-com. Abbatissa Cadom. & Monasterii Villers, residuum. Et ibi XXIV Virg. Eleemosynae, & valet XL Lib. Turon. Ecclesia Sancti Martini Veteris. Patronus, Abbas Caesariensis; & percipit ibi C. solid. de Pensione. Rector percipit tertiam partem Decimae, & habet XXVI Virgas Eleemosynae. Abbas S. Salvatoris Vice-com. sextam Garbam. Abbatissa Cadom. & Monasterii Villers quartam partem; & valet LXX Lib. Turon. Ecclesia de Grovillâ. Patronus, Abbas de Exaquio † De l'Essay. Ord. Bened. in Diaces. Constant. ; percipit quartam Garbam. Abbas S. Salvatoris Vice-com. sextam. Abbatissa Cadom. & Monasterii Villers, medietatem. Rector percipit nonam Partem, & habet XII Virgas Eleemosynae. Et valet communibus Annis L. Lib. Turon. † Suppl. ex MSS. Gall. [Ecclesia Sancti Helerii. Patronus, Abbas S. Salvatoris Vicecom. & percipit medietatem Decimae; ex quâ medietate percipit Rector quintam Garbam. Abbatissa Cadom. & Monasterii Villers, quartam partem. Rector habet .... Virgas Eleemosynae, & valet XL. Lib. Turon.] Quod autem vidimus & legimus hoc Testamur. In cujus rei Testimonium sigillum magnum Curiae Episcopalis Constantiensis praesentibus duximus apponendum. Datum Constantiae, A. D. 1461. 6 tâ Die Mensis Februarii. Exemption from First-fruits. At present the best Revenue of the Clergy arises from the Improvement of Fruit-Trees and Cidar. But all Years are not equally productive, nor does Cidar bear always the same Price, which renders the said Revenue very uncertain. By a long and immemorial Prescription, the Clergy of this Island have enjoyed an Exemption from payment of First-fruits, and Annates, or Tenths, to the King. The impropriated Tithes of the Parish of St. Saviour, by special Grant from the Crown, have been annexed to the Deanery. Church-Treasuries. To each Church belongs a Fund, or Annual Revenue, of about 15 or 20 Quarters of Wheat-Rent, given in ancient Times by Pious and Charitable Persons, for the Support of those Fabrics, and other Sacred and Religious Uses: But it is now more generally applied to the Public Necessities of the Island. Free-Schools. To supply the Church with able Men from among the Natives, there are two Publick-Free-Latin and Greek Schools, set up almost in the two Extremities of the Island, viz. St. Magloire (corruptly St. Manelier) and St. Anastase, or Athanase, each of them being designed for the Instruction of the Youth of six Parishes. Fellowships, etc. in Oxford. We have also three Fellowships, and five Exhibitions or Scholarships, in Oxford, belonging to JERSEY and Guernezey by Alternate Turns. The first Founded by K. Charles I. of Blessed Memory, induced thereunto by Archbishop Laud, who intended by those Encouragements to draw off our young Students from Foreign Universities, whither they generally went before, and from whence they too often returned with Minds very much prejudiced against the Church of England: The last, the bountiful Gift of the Reverend Dr. Morley, our late honoured Diocesan. CHAP. VI Convention of the Estates. THat common Observation, that in the Forms and Models of Government, a little City differeth not from a great one a Aristot. Polit. l. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. , is verified by the Constitution and Practice of this Island, where in a very small State, one may see the Figure and Image of a great Empire. For here we have our Conventus trium Ordinum, i. e. Our Convention, or Meeting, of the three Orders or Estates of the Island, in imitation of those August Assemblies known by that, or some other Name, in great Kingdoms and Monarchies. In a word, this Convention is the shadow and resemblance of an English Parliament; being composed of the Jurats, Members of the States. or Court of Justice, as the First and noblest Body; the Dean and Clergy, as the Second; and the XII High-Constables, as the Representatives of the Commons: The King's Procurator, the Viscount; and the King's Advocate, tho' they represent no Estate, being also admitted propter Dignitatem. Rules for their sitting. This Convention cannot be held but by Consent and Permission of the Governor, or of his Deputy, who has a Negative Voice therein; as the Parliament cannot meet but at the Pleasure of the King, nor pass any thing into Law without his Royal Assent. The baily (or his Lieutenant) is the perpetual Prolocutor in these Meetings, as the Speaker is in Parliament; and every Member Present has Voice Deliberative. No Estates can be held without Seven of each Body, at the least; nor can Foreigners preferred to Benefices be Members of this Convention, unless naturalised; it not being thought safe to intrust Strangers with the Secrets of the Island, till they have given good Proof of their Affection to the Government they live under. There has been some Dispute formerly about the Power claimed by the Governor in calling these Assemblies, and influencing their Debates by his Negative Voice. The result whereof was a Regulation of that Power by two Consecutive Orders of Council, in the Reign of K. James I, to this Effect: Governor's Negative Voice. First Order, Anno 1618. — There shall be no Assembly of the States without the Consent of the Governor, or, of his Lieutenant in his Absence. In which it is to be understood that the Governor, or his Lieutenant in his Absence, have a Negative Voice; To the end it may be provided, that no Ordinance may be agreed upon prejudicial to his Majesty's Service, or the Interests of the People. Second Order, Anno 1619. Modifying the former. — For the better Explanation of the Article concerning the Assembly of the States, which was ordered not to be done without the Consent of the Governor, or of his Lieutenant in his Absence, it is now finally Ordered, for Causes made known unto Us, and for the avoiding of all future Question, that the foresaid Article shall continue in Force: with this Qualification, That if the baily or Justices shall require an Assembly of the States, the Governor shall not defer it above fifteen days; Except he have such cause to the contrary, either in respect of the Safety of the Island, or Our special Service otherwise, as he will answer to Us, or the Lords of Our Council; whereof he shall give as present Advice as possibly wind and weather may serve. — And concerning the Governor's Negative Voice in the making of Ordinances, it is now also Ordered, that he shall not use his Negative Voice, but in such Points as shall concern Our special Interest; the rather in regard that such Acts as are made in their Assembly are but Provisional Ordinances, and have no Power or Property of Laws until they be confirmed by Us. Raising of Money. The great Business of these Meetings is the raising of Money to supply public Occasions. For as in England Money cannot he raised upon the Subject but by Authority of Parliament, so here, 'tis a received Maxim, that no Levies can be made upon the Inhabitants but by their own Consent, declared by their Representatives assembled in Common Council. Nor have the States a Power of themselves to Create new Subsidies or Imposts; but only, upon extraordinary Emergencies, when the common Safety and Defence of the Island requires it, or Application must be made to the King by Persons sent over at the public Charge, to Levy what they judge sufficient for those Uses, by fixed and equal Proportions, according to the ancient Rate. In these Assemblies, Accounts of the public Revenue and Expenses are stated and Audited: Differences arising about the Disposal and Administration of the Church-Treasuries, are examined and determined: Deputies are appointed to represent Our Grievances, and solicit Our Affairs at Court: good and wholesome Ordinances against Profaners of the Lord's day, Blasphermers of God's holy Name, common Swearers and Drunkards, and other riotous and disorderly Persons, are made, and enacted under severe Penalties: And, in a word, all other Matters are transacted therein, as are thought to conduce most to preserve the Honour and Reverence that is due to God and to Holy Things; the Fidelity and Obedience we all owe to their Majesties, and those that Act in Subordination to their Authority; the Peace and Tranquillity, the Welfare and Happiness, of the whole Island. And yet it must be confessed, that most of these things are of the Competence and Jurisdiction of the Court, but Our Magistrates think it Prudential to take the Advice and Council of these Assemblies, considering wisely that their Concurrence must add a Force and Vigour to these, and the like Sanctions. Constables. I must not forget to observe that the Constables, who make so considerable a Body in these Assemblies, and are the true and proper Representatives of the People, are Officers of better Account with us than they are in England. They are generally Men of the best Qualifications in the respective Parishes for which they serve; And the Office itself is so far above Contempt, that 'tis sought and Ambitioned by those whose Birth and Abilities add at the same time a Credit and a Reputation to it. The Office is Triennial, tho' some continue in it much longer, and to those that discharge it with Honour, it is a step to the Magistracy. The following Scheme, with the Explanatory Table here underneath, will show the manner of sitting in these Assemblies. A The Governor, or his Deputy. B The baily, or his Lieutenant. C C C C, etc. The XII Jurats. D D D D, etc. The Dean and Ministers. E Their Majesty's Procurator. F Their Majesty's Advocate. G The Viscount. H H H H, etc. The XII Constables. I The Gressier. K One of the Denunciators attending. L The Usher of the Court. M The Table. N A large Silver gilt Mace carried before the baily and Jurats. O The Vestibulum. The States of the Isle of JERSEY. CHAP. VII. Privileges. Motives for our Privileges. Few Places can boast of greater Privileges than this Island. The Reasons alleged in the Preambles of Our Charters as the Motives inducing Our Kings to grant Us these Privileges, are especially these Three 1. To reward Our Loyalty, and Fidelity, to the Crown of England. We have merited these Privileges by Our good Services. 2. To engage, Us to be Loyal and Faithful still. We can have no Temptation, while we enjoy these Privileges, to change Our Masters. 3. To make Our Condition easy and comfortable, which, under the Circumstances and Disadvantages of Our Situation, would otherwise be most intolerable. There would be no living in this Island (for English Subjects) without great Freedoms and Immunities: Which few would envy, if they knew at what price we purchase them. Our want of Records beyond the Time of King John will not let Us know what were Our Privileges under Our more ancient Dukes, and Kings, his Predecessors. From him therefore we must date the Aera of Our Liberties and Franchises; And forasmuch as his Constitutions are the Ground and Foundation of all Our Subsequent Charters, I shall set them down here at large, as they are found among the Records K. John's Constitutions. of that King's Reign in the Tower of London, under this Title, Inquisitio facta de Servitiis, Consuetudinibus, & Libertatibus Insul. de GERESE * Rot. II. 3. & Guernese, & Legibus Constitutis in Insulis per Dominum Johannem Regem, per Sacramentum Roberti Blondel, Radulphi Burnel, etc. qui dicunt, etc. Then follows, Constitutiones, & Provisiones, Constitutae per Dominum Johannem Regem, postquam Normannia alienata fuit. Imprimis, Constituit Duodecim Coronatores Juratos, ad Placita, & Jura ad Coronam spectantia, Custodienda. II. Constituit etiam & concessit pro Securitate Insularium, quod Ballivus de coetero per Visum Dictorum Coronatorum poterit Placitare absque Brevi de nova Disseisinâ factâ infrà annum, de morte Antecessorum infrà annum, de Dote similiter infrà Annum, de Feodo invadiato semper, de incumbreio Maritagii, etc. III. Two debent eligi de Indigenis Insularum, per Ministros Domini Regis, & Optimates Patriae, scilicet post Mortem Vnius eorum, alter fide dignus, vel alio casu legitimo, debet substitui. IV. Electi debent jurare sine conditione ad manutenendum & salvandum Jura Domini Regis, & Patriotarum. V. Ipsi Duodecim in quâlibet Insulâ, in Absentiâ Justiciariorum * Commissioners Royal. , & unà cum Justiciariis cum ad Partes illas venerint, debent Judicare de Omnibus Casibus in dictâ Insulâ qualitercunque Emergentibus, exceptis Casibus nimis Arduis, & siquis Legitimè convictus fuerit à Fidelitate Domini Regis tanquàm Proditor recessisse, vel manus injecisse violentas in Ministros Domini Regis modo ḍebito Ossicium exercendo. VI Ipsi Duodecim debent Emendas sive Amerciamenta omnium praemissorum Taxare, praedictis tamen Arduis Casibus exceptis, aut aliis Casibus in quibus secundùm Consuetudinem. Insularum merè spectat Redemptio pro Voluntate Domini Regis & Curiae suae. VII. Si Dominus Rex velit certiorari de Recordo Placiti coràm Justiciariis & ipsis Duodecim agitati, Justiciarii cum ipsis Duodecim debent Recordum facere; & de Placitis agitatis coràm Ballivo & ipsis Juratis in dictis Insulis, ipsi debent Recordum facere conjunctim. VIII. Item, Quod nullum Placitum infrà quamlibet dictarum Insularum coram quibuscunque Justiciariis inceptum, debet extrà dictam Insulam adjornari, 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, antequàm 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 ●. By these Constitutions We have a Jurisdiction established among ourselves, and our Properties secured against vexatious Suits and Evocations into England. Charter of Edward III. We have next the Charter of Edward III, which is only General, and Confirmative of former Grants. ●●of Rich. II. We have Two Charters of Richard TWO, The First General, and the same with that of Edward III, both contained in an Inspeximus of Henry IU. 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. ●●of Edw. IU. The Charter of Edward IV extends this Privilege 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, etc. 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 Privilege 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, etc. ●●of Hen. VII. Hen. VIII. Edw. VI Q. Mary. Q. Eliz. etc. It were too long to mention the following Charters and Grants of Henry VII, Henry VIII, Edward VI, Q. Marry, Q. Elizabeth, and so down to our Time. In general, by them all the foregoing Privileges are ratified, explained, and enlarged with ample Additions; and We are made equal in point of Commerce, with the rest of Their Majesty's English Subjects. Notable Privilege. I shall insist somewhat longer on a very singular Privilege, 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 Privilege in the Words of our Charters, and then shall proceed to show what has been said of it by Writers, and what appears thereof upon Practice. — † See the Charters of Ed. IU. Henry VII. Henry VIII. Edward VI Q. Elizabeth. K. James I. K. Charles I. K. Ch. II. and K. James II. Cùmque nonnulla alia Privilegia, Jurisdictiones, Immunitates, Libertates, & Franchis●ae, per praedictos Progenitores & Precedessores nostros, quondam Reges Angliae, & Deuces Normanniae, ac alios, praefatae Insulae ‖ Viz. de JERSEY. 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, tàm alienigeni quam indigeni, tàm hostes quam amici, liberè, licitè, & impunè, queant, & possint, dictam Insulam & Loca Maritima cum Navibus, Mercibus, & Bonis suis, tàm pro evitandis Tempestatibus, quam 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, ea pro Nobis, Haeredibus, & Successoribus nostris, quantum in nobis est, praefatis Ballivo, & Juratis, ac caeteris Incolis, Habitatoribus, Mercatoribus, & aliis, tàm Hostibus quam Amicis, & eorum cuilibet, per Praesentes indulgemus, & elargimur, Authoritate nostrâ Regiâ renovamus, reiteramus, & Confirmamus, in tàm 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, Interest, & 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 Privilege as can hardly be paralleled 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 Privilege, in its full Extent and Latitude. The Book Entitled Les Us & Coutumes' de lafoy Mer (i. e. The Uses and Customs of the Sea) Published by Authority, and Printed at Roûens, An. 1671, speaking of Prizes made against Laws agreed on by the Consent of Nations, and consequently to be adjudged Null, says b IIIme Party. Art. XXI. §. 6. pag. 357. Dabondant si la Prise a esté faite en Lieu d'Azyle ou de Refuge, comme sont les Isles & mers de GERZAY & Grenezay, en la Coste de Normandy, auquelles les Francois & Anglois, pour quelque Guerre qu'il y ait entre les Deux Couronnes, ne doivent insulter, ou courre l'un sur l'autre, tant & si loin que s'estend l'Aspect ou la Veûe desdites Isles. that such are those that are made in Privileged 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 Privilege, c De Insul. Brit. pag. 855. 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 Privilege twice d Lib. II. Cap. XIX. pag. 376. Et iterùm Lib. II. Cap. XXII. pag. 412, etc. , 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 † JERSEY. CAESAREAE, ‖ Guernezey. Sarn●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 Privilege. Dr. Heylin speaks thus of it e Survey. Ch. 1. pag. 300. , tho' by a Mistake common to him with Mr. Cambden, he thought this Privilege belonged only to Guernezey. By an Ancient Privilege of the Kings of England, there is with them in a Manner a continual Truce; and lawful it is both for Frenchmen, 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 Privilege 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 myself 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 Privilege, (as the Doctor misunderstandeth it.) But on the contrary the Privilege was the Ground and Occasion of the Bull, as appears from the Bull itself. For K. Edward IV being informed of a great many Infractions made to this Privilege, by Pirates 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 enjoining 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 Trump, i. e. with Sound of Trumpet, by Francis TWO, 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. 'Tis a Piece of a very extraordinary Nature, and that shows better than any thing I have seen the Style of the Court of Rome in those Days: But 'tis somewhat too long to be inserted here. It remains now that we show something of this Privilege 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 Privilege † MSS. 〈◊〉 m●. . 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 Privilege, 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. * Vid. Acts of the States. . Anno ...... Sir Edward Seymour, Viscount Beauchamp, afterwards Duke of Somerset, and Lord Protector, being Governor of this Island, some English Privateers came into the Port of St. Aubin, and finding there several French Merchant Men that were come hither under the Security of this Privilege, would have made Prize of them▪ but they were opposed by the Deputy Governor, who Protected the Merchants, and raising the Militia forced the Privateers to depart out of the Island ‖ Chronique MSS. de l'Isle▪ de GERSEY. Chap XXV. . Anno 1614 In a Plea before the Parliament of Bretagne, in behalf of Three JERSEY-Merchants taken by the French, it was declared that these Islands had the Privilege de rester neutres pendant les Guerres d'entre les deux Royaumes * This Plea is in Print. . Anno 1628. A Bark laden with Goods from St. Malo, and directed to one Baillehache an Inhabitant of JERSEY, was in the Road set upon by one Barker, Captain of an English Privateer. The Court ordered the Bark to be restored, pursuant to this Privilege † Vid. Acts of the Court. . Lastly, during the War of Rochel and the Isle of Rhee, the Hosiers of Paris and Roüen had free Access to these Islands, and carried away many Bales of Stockings, as those of Coutance have since done almost down to Our Time; Our Ports being open to all that came to Trade with Us in a peaceable Way. Thus much of Our Privileges. Of which I shall only add, that as they are derived to Us from the Grace and Bounty of Our Kings, and require all the Returns that we can make of an inviolable Fidelity to Their Crown and Government, so we hope, by Their Majesty's Favour, and while we cannot be justly charged with any thing contrary to Their Majesty's Service and Our Duty, (and these Privileges seem not inconsistent with the same) to be continued and maintained in the quiet Possession of them. THE END. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ADVERTISEMENTS. SERMON sur l'Hymme Angélique & Eucharistique (Luc. 2. 14. Gloire soit a Dieu aux Cieux trés-hauts, & en Terre Paix, envers les hommes bonne volonté.) Prononcé dans l'Eglise de St. Sauveur en l'Isle de JERSEY, le 3 me. jour d' Auril 1687, jour de Céne. Par PHILIPPE FALL, Mâitre aux Arts és Universités d' Oxfort & de Cambrige, etc. A SERMON Preached at St. Helier in the Isle of JERSEY, before the GARRISON, April 10. 1692. (Luke 3. 14. And the Soldiers likewise demanded of him saying, And what shall we do? And he said unto them, Do violence to no man, neither accuse any falsely, but be content with your Wages.) By PHILIP FALL M. A. Rector of St. Saviour in the said Island. Printed for John Newton, at the Three Pigeons, over against the Inner-Temple-Gate, in Fleetstreet, 1692. Books Printed for, and sold by John Newton, at the Three Pigeons over against the Inner-Temple Gate in Fleetstreet. 1. THE History of the Campagne in the Spanish Netherlands, Anno Dom. 1693. with an exact Draught of the several Attacks of the French Line, by the Duke of Wertemberg with the Detachment under his Command, done upon Coper: By Edw. D●auvergn● M. A. Rector of St. Brelard in the Isle of Jersey, and Chaplain to Their Majesty's Regiment of Scots-Guards. 2. A Charge given at the General Quarter Sessions of the Peace for the County of Surry, holden at Darking, on Tuesday the 5th. day of April 1692. and in the 4th. Year of Their Majesty's Reign: By the Honourable Hugh Hare Esquire, one of Their Majesty's Justices of the Peace for that County. 3. A Letter to Dr. South upon occasion of a late Book Entitled, Animadversions upon Dr. Sherlock's Book in Vindication of the Trinity. 4. A Discourse of Natural and revealed Religion in several Essays: By Mr. Tim. Nourse. 5. The Anatomy of the Earth, Dedicated to all Gentlemen Miners: By Tho. Robinson Rector of Ousby in Cumberland: ERRATA. Pag. 9 lin. 11. for Edeward, r. Edward. pag. 30. in the Margin, lin. 4. for K. CHARL. r. K. CHARL I. pag. 49. lin. 14. for, did not good Service. r. did that good Service. pag. 62. in the Margin. Not. lin. 2. for, Insula arenâ sive Sabulo quod erat, r. Insula arena five Sabuli quá erat. pag. 76. lin. 11. for Lan on r. Lançon. pag. 141. in the French Column, lin. 10. for Sacrament, r. Sacrament. pag. 183. in the Marginal Not. lin. 23. for Jurisdictionem, r. Jurisdictionem. pag. 184. Margin▪ Not. lin. 4. for Jurisdictione r. Jurisdictione.