Freedom. OR, The Description of the Excellent Civil Government of the Island of JERSEY  
PUBLISHED By James Stocall Esq Colonel of a Regiment of the Trained Bands of the said Island, consisting of 1500 men. Under the Government of the Honourable Colonel Heane Governor thereof, for the service of the Commonwealth of England.   printer's or publisher's device 
London, Printed for Robert Ibbitson. 1652.   

To the Right Honourable, Lieutenant Gen. Fleetwood.  
Noble Lieut. General,  
SUch great multitudes of men are daily importuning you, with their implorations of Your favour and assistance, that I still judge it more expedient, and less troublesome, to present mine in writing, to your Honours, to wait (as I desire this description of the Civil Government of Jersey may do) for your best opportunity of consideration thereof. Truly Sir, now it hath pleased the Lord to bring me safe again here, from the reduction of that Isle, I have thought it a part of my duty, having been bold to promise it you heretofore; and having found you so cordial to bring that to pass, so ready, diligent, and compassionate, to help our poor Countrymen out of their eight year's exile, and generally all the people of that place, out of a most Tyrannical bondage; All which your Noble deeds are well known there. For your Heroical Actions every where, for the Commonwealth, have made your care of Mercy, and Justice, so highly famous, that it begat, in the poor Islanders, strong hopes of your mediation towards the Parliament, for the Patronization of their hitherto (since the Divine Commonwealth of Israel) unparallelled Freedom.  
Michael Lempriere Esquire, the baily of that Jurisdiction, did lately send an Account of the said Government, to the Parliament, also particularly the same to the Counsel of State and to my Lord General; but while he was intending one for your Honour, the sad news of the decease, of your Noble, and most Christianly virtuous Lady, did cause him to forbear; judging it unfit to add then trouble to your trouble by any importunity. I must acknowledge, the same consideration hath made me so much backward from presenting myself before you, since my arrival; not any forgetfulness of the respects I do owe to your Honour. It is true, you were at first in the Country; yet now, that I hope, the Lord hath been pleased to begin to stir up again, in your heart, the power of that holy Spirit called the Comforter, to moderate your just sorrow, in a measure according to his will; and that the public good of my Country calleth upon my Conscience, I must infringe somewhat the rules of Civility, and importune you with these Lines, which are abrupt, because my particular Obligations could not let me be free from sadness, when all honest people suffer a loss, whereof you suffer the immediate affliction. In this Description, which is not different from that sent by the said baily, but only in few things, which he, for brevity sake, omitted, and I have added; it being true, that the true description of a thing must be like the same thing itself; you will see a great excellence of Government, in respect of all other Governments practised, since the Commonwealth of Israel.  
First, because the People doth freely use to choose, and elect all their Officers, except very few, which were some at the Kings, others at the Baillies denomination.  
Secondly, Because the Sufferers can procure the execution of our Laws against any one that wrongeth them, at very small expenses, and indeed, ordinarily for nothing; the Guilty being always sentenced to all the Charges, and Damages he hath caused.  
Thirdly, Because the way and means to prosecute Justice in that Island is plain, common, and easy, full of Humanity, Gravity, and Civility, and short, without Circulations from Pilate to Herodes, and from Herodes to Pilate back again; All in the natural Language of the Inhabitants nevertheless very Majestical, consequently terrible as much as possible to evil-doers, and comfortable to the lovers of Righteousness; the true use of the sword of Magistracy.  
Fourthly, because there is a sufficiency of Officers to do all Functions requisite for the procuration, propagation, and preservation of the public good, not only in necessaries, but in contingencies also; and that so prudently, that every Parish, being divided into convenient Divisions, hath in each at least an Officer, which over-seeth it, and keepeth the wicked in awe so, that no Vagabond, or idle Fellow, can be lurking any where to commit vices, and not be taken notice of presently, and prevented, or apprehended; the poor and the sick visited constantly, and taken care of by due distributions from the Treasure of the Parish, and otherwise. By this means also, all Orders, and Ordinances of the Magistrate, Civil and Military, are ordinarily published, and made known to the people with much ease, and without charges to the State, at their very houses; which may be done in few hours all over the Country; although there is used also a general way of Proclamations at the Market place, in open Market time, and on Sundays, immediately after Sermon, in their Parochial Assemblies, so that in three hours all the people useth to be in a Body, under their Arms, for their defence. After notice given so orderly, none can plead cause of ignorance; Collections and Levies of Men, or other things whatsoever are by this means presently done, without charges to the State. A good distribution is necessary, to govern well.  
Fifthly, Because the Laws used in the said Government are very few, but sufficient distinct, clear, short in Maxims, or Sentences, known of the very poor silly Women, most of them very excellent; Those that are not so, may be abrogated for future time, and better ones made in their room.  
Lastly, No false Bargains, Sales, or Cheating conveyances can be made in that Government.  
Pray read it, compare it with all others, and I am confident, you will esteem it worthy the consideration of every good Commonwealths-man; and pardon freely,  
SIR, Your very much obliged, and sincere humble Servant JAMES STOCALL. London, March, 1. 1651.   

THE Description of the excellent Civil Government of the Island of JERSEY.  
THe Island of Jersey is divided in twelve Parishes, every one of those subdivided into several Divisions called Vingtaines.  
In each Parish, there is a Constable, a Centurion which is as the Constable's Deputy; as many Vingteniers, as there are Vingtaines, who are subordinate Officers to the Constables, to execute those Warrants, which are sent them, by him who receives them first, either from the Governor or baily, There are besides those, other Officers called Sermentez, or Jurors to make up the number of Twelve with the Vingteniers in each Parish. Those Twelve with the Constable, make up a petty Jury, to indite, or free criminals, when they first present them in Court. The Constable and these Officers have power to search out and seize all manner of Malefactors whatsoever, every one in his Parish, and present them to the baily, and Justices to receive condign punishment.  
There are also two Procurors or Attorneys of the public Revenue and Treasure of each Parish, which are accountable to the Constable and those Officers, which have the dispensation of the same, as they represent the parish.  
Besides there it a Provost in every Parish, as the name signifies Warner, so their Office is to Summon, or Warn any Parties, who have Suits in Law together, to appear before the baily and Justices, who decide those differences. Those Summons are in a very short and pithy form, either written by the parties themselves, or any body else; Provided, that he that writes them, must subscribe them. And the Provost warneth the parties, in many causes for nothing, in others, for a penny.  
Moreover there is in every Vingtaine, one Sermenté Juror, or sworn man for the Highways and common-paths, to see them duly repaired, and in order.  
All these Parochial Officers are elected and chosen by the Votes of all the Parishioners, great, and small, poor, and rich; then presented to the baily, who giveth them Oath to exercise their several Functions.  
The whole Island is generally ruled by the great Court (so called in relation to inferior Courts, of which hereafter mention shall be made) held in a fair Cobuë, or Court-House erected for that purpose: The Assembly there consists of the baily, Twelve Jurates or Justices, the King's Procurator or Attorney (so called heretofore) the King's Advocate or Solicitor heretofore; the Viscount, or Sheriff; the Greffier, or Clerk of the Court; the Denuntiator, or Undersheriff; five or six Advocates, at the Ballies discretion, an Huissier or Doorkeeper. The baily heretofore was nominated by the King, and had his Patent under the Great Seal of England: He is the Head and Precedent of the Court, collects the voices of the Jurates and pronounceth the Sentence, according to their plurality, but if equality, than he hath the casting voice.  
The twelve Jurates, or Justices are chosen by the suffrages or voices generally of all the Islanders, without exception, and sworn in the Court by the baily. The Procurator, and Advocate were named by the King: their Offices was to plead for the King's Rights, and to see all manner of crimes punished: They might also plead betwixt party and party. The Viscount was also nominated by the King, his Office was, to arrest and imprison Debtors, after Judgement of Execution given and never before, to seize goods, when he is so appointed to do, by the Court, and to sell them at the Market place, on public days to those who will give most, to be applied for the payment of Creditors, who may redeem them fourteen days after; He taketh Inventories of Orphans goods; and sometimes selleth them at Out-cries, for their use and behoof; he is Clerk of the Market, hath the care of all sorts of Measures, for dry and liquid Wares; He looks to the Watercourses of Rivulets and Brooks, with some Officers with him, that all might be in good order, for the benefit of the Inhabitants; He is also Crowner, and Crier of the Court. The Denuntiator hath the like power in the Viscount's absence, with many other cares conducing to the accommodation of the Islanders. The Greffier or Clerk of the Court doth enrol all the Sentences pronounced by the said baily: And that sedente curiâ, in very fair Register-Books, of which he hath the keeping, as of all the ancient Records, Archives, Privileges, Franchises, Liberties and Immunities heretofore granted, to the Inhabitants, by the late Kings and Queens of England, under the baily, who hath that care from Superior Authority. The Advocate's Offices are to plead for parties, which they do for very small and easy Rates, viz, six pence, by reason that the people of all Sorts and Sexes and upon all manner of Pleas may, and do plead their own Causes, and have as much audience as the Advocates themselves.  
There is also another Officer of high concernment, in the Island, called L' Enregistreur, or Register, who doth Register all, and all manners of Deeds, which pass under the common Seal of the Isle, as partitions of Lands, or Wheat-Rents, either in Fee-farm, or for ready money, Letters of Attorney, Mortgages, Bonds, etc. for three pence each. All which, are written in a compendious manner, without Equivocations, or Lawyer's Quiddities, and pass all by Oath administered to the Parties, by the baily, in the presence of one or more of the Jurates; neither to do or cause to be done any thing against their Demises, upon pain of perjury; all written in our natural tongue; Neither are the Deed's authentics, unless the baily and two Jurates, at least, are signed in them, besides the Seal. Of this Seal the baily is keeper, but it is sealed in a Bag, by some of the Justices under their seals, and not opened, but in their presence: The Impress of it is three Lions Passant, with an Inscription bearing Sigillum Insulae de Jersey.  
The nomination of the Greffier, Denuntiator, Register, Inferior Advocates, Huissier, belongeth to the baily.  
The great Court is kept very solemn at their Assizes or opening of their Courts in the beginning of the Terms: The Governor being present to answer for those Lordships, that own their Compearance or appearing at the said Assizes, whereof there is a good number: Likewise all the Justices and Officers of the Court, with the Provosts, and other Lords of Manors, which hold in Capite, and other Franktenants, which are duly called according to their Ranks, And Fines set upon those which do not appear; And if they failed four times together, their Lands were put in the King's Possession.  
They keep three sorts of Courts, (though with the same Judges, viz.) The Court of Heritage, the Court of Cattles, and the Court of Remedies, or the Court Extraordinary. In the first Court is treated of Inheritance, as partitions of Lands between Coheirs, and in fine of all differences, which do arise for Lands, or any Rents that are for ever. The benefit of retiring of Inheritance sold, is granted to the first of the kindred, that doth claim it within a year. In the second, called the Court of Cattles, first of all, Criminal Causes, which are determined definitively without Appeal (except those of High Treason, the cognizance of which, the King reserved to himself) but are judged with the greatest Discretion and Favour that can be imagined. For first a Malefactor being brought before the Judges, by the Constable and his Sermentez, which make the petty Jury (before mentioned) if they have found the Malefactor seized of any Goods, or vehement suspicions (after examination of Witnesses in their presence, they having the freedom to refuse any of them, upon evidences of hatred, or malice) either of Theft, Murder, or Witchcraft; then their Verdict is, That they think in their Consciences they are guilty of the Fact, which is called Indictment; whereupon the Parties so indict d are demanded, Whether they will be tried by the Bench, or the Country? by the Bench is meant the baily, and the twelve Justices, whereof there must be seven of them at least of one opinion, to Condemn a man; by the Country is understood, an Assembly of twenty four of the Accused's own Parish, and neighbour Parishes, of sufficient able men, full of integrity, of those there must be twenty of an unanimous voice, to make the Party Guilty, and this is the great Inquest.  
In the second place in the same Court, called Cattles, is treated of Decrets, for the most part; (which is) That in case a man be over-burdened with Debts, and that his estate is not able to pay them; as soon as he is imprisoned for any of them, he is freed of all his Creditors, if he cometh to Court, and affirmeth upon Oath, That he hath not wherewithal to satisfy them, and leaveth them what inheritance he hath to struggle amongst them, who shall enjoy it? which is done very regularily; those who have purchased, or lent their money, the last, are the loser's, and every man enjoyeth according to the priority of his Purchase, etc.  
In the last Court, called, Extraordinary, is treated of Causes more trivial, which concern only Movables, etc. Of the Court of Heritage, the last part of the Court of Cattles, and Extraordinary, Appeals might be made to the King and Counsel; For moveables, not for under the value of twenty pounds Sterling, but for matter of Inheritance, there is no limitation. Appeals must be made immediately after Sentence given, yet sedente curiâ, and two sufficient Sureties given within a seven-night for the prosecution of them within the time limited, which is; The said Appeals must be entered in the Book of Counsel Causes within three months, and prosecuted within one year; and in case the Appellant do not reverse the Sentence, and procure an Order from the Counsel of Mal Jugé, Bien Appellé, than he forfeits twenty Crowns to the baily.  
There are likewise many inferior Courts held in the Island, by seneschals, or Stewards, called Bases Courts, which is to say, low Courts, in respect of the great and superior Courts; many of those Lordships do now belong to the Commonwealth of England, others to some Gentlemen of the Isle. Of these Steward's Courts Appeals might be made to the Bailly's Court.  
Upon some extraordinary and Important occasion, which might conduce for the good of the Inhabitants, an Assembly of the States was called, by the Governor, or baily, this Assembly consisted of the said Governor, or his Lieutenant; the Bailey, or his Lieutenant; the twelve Jurats; the twelve Constables; who represented the Commons of the Country: and sometimes the twelve Ministers, who by their turbulence and brovilleries, have made themselves unworthy of that Assembly, and there fore may be very fitly desired, they may be left out, with the Bishops.  
Amongst the many good and wholesome local Customs Municipal Laws, and others, whereof many are agreeing with the Mosaical; one is very remarkable, in the behalf of the oppressed (viz.) Le clam de Haro; which is, That if any man, of what degree or quality soever pretends to be injured, or oppressed, either by the greatest or lowest of this Isle, at the Acclamation three times of this word Haro, with a loud voice (be it right, or wrong) the other party must surcease, though he were upon never such urgent occasions; whether he were at Cart, or Plough, felling, or lopping Trees, in a word, upon any occasion; And he that is in fault of the Accuser or Accused is fined in ten Livers Tournois. And if the Accused persists notwithstanding in his work, or violence, he is also fined in the like sum, for his persisting. And likewise, if any man is within the hearing of this call, and doth not come to the assistance of the oppressed, he is put to an Arbitrary Fine; And this is tried at the Court of Cattell  amongst Crimes.  
This is but a short Epitome of our Civil Government, as it hath been, and we hope shall be, until such, as would alter the same, to have their fancies established, have given the Parliament greater Demonstrations of Policy, for Freedom, and Liberty, Mercy, and Justice, than these are; more suitable they cannot; Considered Jersey is inhabited, by Parishes, and the houses are built, not in Towns or Cities, but scatteredly, upon the several Messages and Tenements of Lands; so that those Prerogatives of appointing some Officers, which Kings had reserved to themselves, belonging now to the Parliament: there is no need of change in the Form of the Civil Government of that Island: This I grant, might be desired, that the right of having a Representor, or two in Parliament, to the end of a stronger Union to this Nation, and of a speedier expedition of Necessaries, from that Superior Power, unto our people, were for the future allowed to Jersey and Guernezé, and that without diminution of their Freedom, Liberties, and Privileges whatsoever, not repugnant to the safe and well-being of the Commonwealth.  
To conclude, I know I need not mention any other of our Laws here: For this may be sufficient to munish, as by Information, all whom it concerneth, against any attempts that may be, or have been already made, to alter our freedom. And by this Pattern men may judge of the rest of the piece of our Laws; for Immovables, as inheritance; for Movables, as Chattels; for Prevention, and Pardon, and Punishment of Crimes; for Procreation; and Education, for Measures; for Association, etc. they are but few. Nevertheless many circumstances, which to describe them fully should be inserted, would require a greater Volume, than the patience, or leisure of most men would permit them to take notice of. Therefore I will only say this more, That once every third year, the baily accompanied with the Justices, the Viscount, the Procuror, and Advocate, the Constable and other the  Parish-Officers, doth view all the Common ways of each parish, and where he findeth cause, doth fine the owners of Hedges, Trees, Walls, etc. Incombering the Way; or else the Sermentez for the Waves.  
Moreover all the Officers of this Government are to continue quàm d ùse bené vesserint, as long as they do behave themselves well; and none of them longer, for as soon as any one of them, is convicted of any Crime, as for example, Bribe or the like, he is outed shamefully: our States having made bold many times to suspend the bailies themselves upon like occasion, and to choose a Judge Delegate in his place, notwithstanding his Patent under the Great Seal.  
Finally, There is such good Order in the administration of Justice, That when any one hath a Cause in Law, against any one of the Justices, that same Justice must come down, and stand with his Peers, and party Accusant, at the Bar amongst the people, so must the baily himself, in like occasion: Which hath therefore a Judge, chosen, appointed and sworn by the Bench, to be impartial, in the Bailies causes. The people have always chosen the Justices and Constables from amongst the best sort, and known honestest Gentlemen, and respected them as their Fathers and Princes, honour being their rewards; except that the Justices when they sign any Deeds, are to have two souces, or two pences for their pain, if they will take them; the other Officers, they respect also very much, and use to choose them from the best, and honestest sort of the Yeomanry. The Lord of righteousness be pleased to lead us all into it; according to these two Tests and Touchstones of the equity or righteousness of all Laws, Thou shalt love the Lord thy God, with all thy heart, with all thy soul, and with all thy understanding, and with all thy might, and thy Neighbour at thyself. That is, doing nothing unto him, but what in the like cause, thy conscience, thy inward knower and knowledge within thee, granteth absolutely, thou wouldst have done to thyself. Amen.  
FINIS.