m \ THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES AN OF THE WITH BY THE REV. PHILIP FALLE. TO WHICH ARE ADDED, BY THE REV. EDWARD DURELL, M. A. RECTOR OF ST. SAVIOUR, JERSEY : PRINTED AND PUBLISHED BY RICHARD GIFFARD, S. Saw'oar 1 * Road. 1837. DA 67O Os? Fl TO THE KING. SIR, Philip Falle, the Historian of Your Majesty's Island of Jersey, was graciously permitted to lay his work at the feet of Your Majesty's Royal Predecessor, William III,. and the high estimation in which his memory has ever been held by his countrymen for his loyalty and veracity, proves that he had not been unworthy of the distinguished favours, which he received from that Illustrious Sovereign. Placed in the same situation as Philip Falle, and glow- ing like him with attachment to the Government and the Sacred Person of my Sovereign, and with love to my native country, allow me, Sir, to offer this new Edition of his History of Jersey, enlarged with a copious Commentary, to illustrate the antiquities and institutions of that Island, and humbly to solicit for it Your Majesty's Royal favour and protection. More than a Century has now elapsed since that History was published, during which the inhabitants of Jersey have persevered in the hereditary loyalty of their ancestors, and have exerted themselves to the utmost of their power in the Service of their Sovereigns, whose wisdom and magnanimity have secured the general welfare of the Empire, in the ; . i H DEDICATION. midst of the awful changes, and the sudden revolution^ which have characterised that eventful period. But, Sir, Jersey is no longer the same as it was of old, scanty in its resources, and limited in its trade. Under that fostering care of their Sovereigns of your Illustrious House, which is new so happily continued by your Majesty's pa- ternal Government, it has progressively advanced in wealth flowing from the sources of agriculture, of commerce-, and of population, till its prosperity has been enabled to rival that of the most flourishing parts of your Majesty's exten- ded Dominions. May then that unerring Providence, which watches over the destiny of Princes, and orders the will and affections of men, to render them subservient to its inscrutable purpo- ses, long preserve your Majesty to reign over a grateful people ! And may the loyalty and the blessings enjoyed by the inhabitants of this Isle, be permanent, and be trans- mitted unimpaired to their latest posterity ! May it please Your Majesty, Your Majesty's, Most loyal and most devoted Subject, EDWARD DURELL. PREFACE OF THE EDITOR The Rev. Philip Falle's History of Jersey has always been* considered, as the most valuable Account of that Island, ami from which all subsequent publications on the subject have borrowed their most important information. Nor has it been uncommon to quote him in our Royal Court, as a kind of semi official authority, to whose honesty and veracity, it was equally safe to appeal. It is thus that he may be said to have enjoyed the same distinction as Homer, some of whose verses were admitted by the Athenians to be a suffi- cient authority, to settle a question about disputed boundaries. The first Edition of his History was published in 1694, while he was yet Rector of St. Saviour's, in Jersey, and resident on that benefice. It is a small and scanty per- formance, and merely the ground work of his second Edition* which appeared in 1734, when he was a very old man and possessed of a stall in Durham Cathedral. Perhaps it is incorrect to call it a second Edition, as it has been entirely re-written, with very large improvements and additions. Some of his own opinions, seem also to have undergone a material change, a striking instance of which is found in his Chapter on Religion, page 183, in which the Bishop of Winchester's power is represented as very limited, and as being merely that which was anciently exercised by the Bishop of Coutances, with no other jurisdiction than that of a Judge in Appeal. That passage, which after all, was the most correct and the most constitutional view of the matter, is not to be found in the Edition of 1734. The humble Rector of St. Saviour could no longer be recognised in the courtly prebendary of Durham, and the richly endowed in- IV PREFACE. cumbent of Shenlcy ; for there is not a more unquestionable truth, than that the opinions of men are either changed or modified according to the scale of their success or depres- sion, in the eventful and wearisome journey of life. In 1798, a third Edition of Mr. Falle's History of Jersey was published in London, but it contains nothing remark- able, and except a few alterations, it is merely a reprint of the Edition of 1734. The second Edition had become very scarce, and bore a high price. A new Edition was therefore absolutely neces- sary, and the publisher was induced to undertake it in con- sequence of the numerous solicitations of his friends, whose patronage he now* gratefully acknowledges. Many Accounts of Jersey have been published since Mr. Falle, but have added little or nothing to our stock of histo- rical knowledge, while they merely and servilely copied from him in most particulars. It is however candid to own, that that sort of information was of difficult access, or rather that it was out of the reach of those writers, who in addi- tion to their other difficulties, were strangers, and unable to form a proper estimate of our usages and institutions. Per- haps we might make an exception in favour of Dr. Sheb- beare's History, whose first Volume contains the best account extant of the Constitution of Jersey, as he had derived it from the Le Geyt Manuscripts. The second Volume con- tains the Narrative of a period of audacious and unredressed oppression, the authors of which have long been gone to answer for their misdeeds, where the wicked cease from troubling, and where the weary have rest. But his viru- lence is such, that truth itself loses its original character, and ceases to produce any effect by assuming the appearance of exaggeration and calumny. The zeal and the patriotism of Mr. Falle cannot be too highly commended, but like every other virtue, these may be carried to excess, and become reprehensible. He gene- rally viewed but one side of the question, like one who was either too much attached to his own opinions to distinguish PREFACE. V the truth, or too timorous to censure what was wrong. It was thus that he not only omitted to give an account of the State of the Island during the civil wars of Charles I ; but that he enters into a laboured defence of Charles IT, while Prince of Wales, and of his mother, Queen Henrietta, against the charge of their having intrigued to sell Jersey to France. ( See pages 71, 84, and 85. ) These omissions have been endeavoured to be supplied by Notes 46 and 49. Mr. Falle was often hasty in admitting inconsiderate, or even absurd opinions. We refer principally to Notes 56, about the diameter of shells ; 70, about the Quenvais ; 185, about Richard III, and the most glaring absurdity of all, at Note 219, page 216, where he severely censures laymen holding the Jersey Fellowships, when Mr. Poingdestre, whom he had so highly eulogised in his Preface, page ix, had en- joyed one of those Fellowships for about 12 years, without taking orders, till he was expelled from it for his political opinions during the civil wars. The Historian appears to have had but an imperfect ac- quaintance with the Records of the Royal Court, which was probably owing to the difficulty of access, and the strictness with which they were guarded by the magistracy of his time. Add to this the slovenly manner in which those Records were kept, their bulkiness, the vast quantity of trash they contain, and above all, the extreme difficulty of reading them, from the decay of the paper and the badness of writing. With such obstacles to contend with, it is not astonishing that Mr. Falle should have been but imperfectly acquainted with those valuable materials. Our Records are comparatively recent ; they do not begin before about 1520, and consequently that circumstance throws an additional obscurity on our insular history. Our ancestors must have been a truly litigious people, as the law- suits in those Records are not more surprising for their numbers, than for the trifling matters about which the par- ties contended. It is some satisfaction to learn, that the expences were trifling in proportion to the triviality of the suits. VI PREFACE. In many cases our Historian has omitted to give a refe- rence to his authorities, though there could be no doubt that he was well acquainted with them. It has therefore given me pleasure to supply that deficiency by laying several of them before the readers of this new Edition. The progress of society, and the different circumstances of the age we live in, have rendered many of Mr. Falle's views obsolete, even after making allowances for the bias which that good and otherwise enlightened man, had derived from the love of country and from his adherence to profes- sional character. Many things in the State and the Consti- tution of Jersey have likewise been either altered or im- proved since, which it was indispensable to explain in a new Edition. I have therefore added a large quantity of Notes and Illustrations for that purpose. Some of those Notes have been considerably extended, and the consequence of it has been, that the work has been increased with a much larger quantity of matter, than had been originally intended, a circumstance which, it is hoped, will contribute to the amusement and information of the Reader, though it has materially lessened the chances of advantage, which the Publisher might have reasonably expected to derive from his speculation. The 46th Note, from page 298 to page 344, supplies an important omission, and properly speaking, is not a Note but an Historical Sketch. The labour of collecting and preparing the materials has been very considerable, and that too with no other hope of advantage than the pleasing re- flection indulged in solitude, that I may have partially suc- ceeded in elucidating an obscure, though important period in the history of my country. A large quantity of official and other documents, have in the course of this Edition, been either consulted, or were already in my possession. If the Publisher were to receive encouragement from the Public, a valuable collection of those Papers might be printed at some future period. At present it would have swelled this volume to an inconvenient size, which perhaps would not PREFACE. Vii have oven met with the general approbation of the sub- scribers. This Volume contains the result of long and extensive researches into the affairs, and the antiquities of this Island, for which ray situation, as a member of the insular States, afforded me frequent and favourable opportunities. And now it gives me pleasure to communicate all the information in my power. It is not for me to say how far I may have succeeded, though it is the first attempt of the kind, with perhaps a slight exception in favour of the Appendix to Le Jeune's History, since the publication of Mr. Falle's Second Edition . I have endeavoured to relieve as much as possible the dryness of my commentary, and to render it entertaining and instructive to the general reader. I have to apologise for the delays which have occurred in preparing this publication for the press, and much might justly be said about the difficulty of collecting and arrang- ing materials, as well as about private and professional avocations, occasional ill health, and remissness in exertions. But I have fallen on evil men and evil times, (*) and it is even extraordinary that I have brought this work to a con- clusion, while struggling with the severest trials. Oppressed with the dejection of a wounded spirit, and trodden down by unmerited vituperation, 1 have been numbered among the children of misfortune. Has not unforeseen cala- mity rushed in to interrupt the peaceful course of my humble career, and do I still survive the furious onsets of unhallowed and unceasing persecution ? Have the tears of sympathy gushed forth to allay my sorrows ? Or rather have not the fangs of tigers torn, and torn again, my bleeding wounds ? And have I thus been requited by thee ? By thee, the Land of my Fathers I Oh ! art.thou truly a (*) Integer vitce scelerisque puras, a celebrated line of HofSttx; thus trans- lated by Lord Roscommon : Virtue, dear friend, needs no defence ; The soul's best guard is innocence. 2 viii PREFACE. Land of Christians? And in the bitterness of my heart, shall I not exclaim in the language of Scipio Africanus, Oh ! my ungrateful Country ! It had been expected, that this History of Jersey should have been continued from 1734 to the present time. This has been done indirectly by means of the Notes, in which every important change in the country or its institutions, has been noticed. The History of Jersey has produced little worth recording during the last century, except the attacks of the French in the years 1779, and 1781, and the death of that youthful hero, the gallant Major Pierson, who so glo- riously fell in repelling the latter invasion. Unhappily if we were to present a separate History of that period, it would contain little more that an account of the virulence of parties, the oppression of the subject by the perversion of justice, and the political rancour and personal hatred, which have carried their dissensions into the bosom of private fami- lies. We are yet too near to those intestine broils, to speak of them with impartiality ; that task must be performed in the course of another generation, when all our prejudices shall have ceased, and all the agitations of ourselves and of our cotemporaries, shall have been hushed to peace in the repose of the grave. That the reader may not however be entirely disappointed of a continuation, I have added an Extract from Plees' History of Jersey, at the end of the Notes, from page 197, to page 215. As to myself I have adhered to the strictest impartiality in the Notes, and en- deavoured, on every occasion, to avoid the discovery of any political bias, when I have been obliged, in the course of my enquiries, to touch on the local politics of this little State, (ce petit EstatJ, as it was often emphatically called, by our ancestors, in their Records. In the course of this Edition, I have had occasion to refer principally to the following authorities : 1 . The Records of the Island, to which, as a Member of the States, I had a right of personal access. I avail myself of this opportunity to acknowledge the attentions. PREFACE. IX and the facilities I have repeatedly experienced in my researches from Francis Godfray, Esq., the Clerk of the Royal Court, and the Keeper of those Records. (*) 2. From the Manuscript of Philip Le Geyr, on the Jurisdiction of the Royal Court. (Note 46, p. 300. J 3. From the Pseudo Mastix, supposed to have been written hy Michael Lempriere, who was Bailly of Jersey during Cromwell's Protectorate. For some account of which M.S. see page 300, Note 46. 4. From the Chronicle of John Chevalier. (See page 299, Note 46J 5. From Philip Dumaresq, of Sam ares, whoso Manu- script on the Defence of the Island, he presented to James II in 1685. (Sve page 284, Note M.J <>. The Chronicles of Jersey, published in Guernsey, ia 1832. There are to my knowledge 8 or 10 Manuscript Copies of that book in this Island. The Narrative does not come farther down than the marriage of Philip De Carteret, of St. Ouen, with Rachel Pawlet, in 1650. The author of that work is unknown, though it has been sometimes conjectured that it was the elder Sir Philip De Carteret, of St. Ouen, a man of the highest merit and integrity, as may be seen at Note 46 : at any rate, the author must have been either a friend, or a retainer of the family of St. Ouen. It is a valu- able performance, the publication of which is an important acquisition ; but it is an error of its Guernsey Editor to say that it was written in 1732, ( Chron. p. \Y1,) unless he means that they were transcribed in that year. The lan- guage itself, and many of the Manuscripts of thoseChronicles, are of a much older date. ( *) There are several Manuscript Collections of Precedents from those Records, (Livres dePrdJHgfo,} but their compilers made them mostly with the view of gaining legal information, to guide th.em in their professional priMHce before the Royal Court, and omitted a variety of things calculated to throw light on the history, the antiquities, and the constitution of the Island. The Ordinances in those Collections were repealed by the Code of 1771, except a few that were incorporated in that Compilation. As to the Precedents themselves, many of them are scarcely of any X PREFACE. As to their veracity, it is confirmed by the Records in many particulars, and there is little doubt that most, if not all, of their chivalrous embellishments, are substantially true. The printed Edition however abounds in mistakes of names and dates, which are either the errors of the press, or of the transcriber of the Manuscript. 7. Dr. Heylin's Survey of the Channel Islands, for an account cf which, (See Note I, page 274. ) 8. From various documents in my possession, a consi- derable part of which, have been copied from a Manuscript, supposed to be the same, as that to which Mr. Falle refers at page 128 of his first Edition, and which then belonged to Sir Philip De Carteret, Bart., who died Bailly of the Island in 1692. It is a thick folio, in different hand writings, and contains nothing of a more recent date than 1 650. It is now the property of Daniel Messervy, Esq. a collateral descendant of the De Carterets. The Latin quotations about the Isle of Sark and the Quenvais are to be found, word for word, in Mr. Messervy's Manuscript, as well as the Appendix No. X, or the Legend of the Lord of Hambye ; so that in my opi- nion, there cannot be any doubt, that it is the identical Manuscript mentioned by our historian, and that it was once the property of the St. Ouen's family. (See pages 63, 98, and 244.) It has been impossible, notwithstanding every degree of attention in correcting the press, to avoid a few typographical inaccuracies. A short Table has been added of Errata, which affect the meaning, to which the reader may occa- sionally refer. As to evident typographical blemishes, they have been purposely unnoticed. With the view of facilitating a reference to the Notes, the reader will find a Table at the end of the book, containing the subject, with the number and the page of each of those Illustrations. It is thus that after considerable research, unexpected delays,and under the influence of the most serious discourage- ment, I have persevered in my labours to their termination. PREFACE. XI It is however a gratifying circumstance, which more than outweighs all the inconveniences I have experienced, that I have been permitted to lay the result of my humble exertions at the feet of my gracious and benevolent Sovereign. It is possible, after all, that this Edition may not be so complete as I could have wished ; but I still flatter myself that an indulgent public, will perceive, that materials at least have been collected, which might hereafter be highly serviceable in the prosecution of any future investigation of the antiquities of Jersey. St. Saviour's Parsonage, Jersey, January 21th, 1837. ' . iX Mb og - ; SKETCH OF THE LIFE OF THE REV. PHILIP FALI.I2. The curiosity of the reader is generally excited to know something about any author, who may have contributed either to his amusement, or to his instruction. It is like an agreeable fellow traveller, who has relieved the irksomeness of a long journey, and whose references we are desirous to possess before we part. This is precisely the feeling, which any one will experience, on rising from the perusal of the Rev. Philip Falle, the Historian of Jersey. There is some- thing in his honesty and patriotism, which cannot fail to arrest the attention of the most ordinary reader ; and the high respect and deference in which his memory has ever beenheld by his countrymen, are further calculated to increase that curiosity. A few biographical particulars, however scanty they may be, which tend to make us better acquainted with the character of such a man, cannot be unwelcome to the public. Philip Falle was descended from an ancient agricultural family, who, according to his own account, belonged to that happy class of substantial freeholders, who are not sufficiently elevated to excite envy, but who enjoy enough of the neces- saries, and even comforts of life, to be independent, and to preserve their integrity unsullied by the temptations of ava- rice or ambition. His ancestors, may, therefore, be said to xiv UFE OF FALLE. have for ages rivalled in that respect the happiness of Clau- dian's Ofd Man of Verona. (*) (See his History, p. 126. J The date of his birth is not exactly known, but as he is described, when he presented his library to the Island in 1730, to have been then nearly Eighty years of age, he must have been born during Cromwell's protectorate. The Re- gister of his native parish, St. Saviour, had been much neglected during that agitated period, and there were very- few entries made in it from 1645 to 1660. There is nothing known about the early part of his life, where he was educated, or what induced him to turn his views to the Church. It appears from his History, that he was related by the mother's side to the ancient insular family of the Dumaresqs, that he was left an orphan, and that one of the Bandinels, was his guardian, which may account for his suppression of certain facts relating to Dean Bandinel. (p.p. 34, and 205. ) After passing over those scattered notices, and other traditionary particulars, the first mention we find of him is in the Oxford Graduate, where his name occurs as having taken his degree of Master of Arts, from Alban Hall, June 8th, 1676. He had not been long in Orders before he was presented to the living of Trinity parish. This happened in the latter part of the Reign of Charles II, and he afterwards exchanged it for that of St. Saviour's, in 1690, which latter benefice he retained till 1709, when he resigned it, and settled in England, where he remained to the end of his life. There is a tradition that while he resided at Trinity, he paid his addresses to one of the daughters of Clement Le Couteur, the then Dean of the Island, and a sister in law of Charles De Carteret, Esq., of Trinity Manor. The match (*) Felix qui propriis sevum transect in arvis ! Ipsa domus puerura, quern videt ipsa t-enem. Claud, de Sen. Verrm. How blest the man, who never sought to roam Beyond his acres of paternal soil ! Whose age has still that cottage for his honip, That saw the efforts of his boyish toil. LIFE OF FALLE. XV was broken off by the interference of her friends, and as to Mr. Falle, he never was married. This disappointment was probably severely felt, and might have occasioned Mr. Falle's subsequent opposition to the claims of Mr. De Carteret, as Seigneur of Trinity Manor, to nominate the Master of St. Manelier's School. The Patent, which had granted that nomination to the Dean and bene- ficed Clergy, had been mislaid, and Mr. De Carteret, relying on some very ancient, but unofficial Documents, claimed the right to appoint the master, and when the matter was brought before the Royal Court, he succeeded in his preten- sions. Mr. Falle was not however to be so easily discouraged. He and Mr. Dumaresq, the Rector of St. Clement's, appealed to his Majesty in Council, where on producing an authentic Copy of the Patent from the Rolls, they obtained a judgment in their favour, and a reversal of the decision of the Royal Court. (See page 217, and Order of Council of November 16, 1693.) The writer of this Sketch was favoured, not many years ago, with the perusal of the printed Case in that affair, which had probably been drawn up from Mr. Falle's own instruc- tions, in which the Dean, Mr. Le Couteur, was treated with great acrimony, and the mediocrity of his capacity was ridi- culed with the most unsparing contempt. And yet Clement Le Couteur, so far from being either a mean or a worthless individual, was a man of a saintly character, whose unaf- fected piety and unbounded benevolence, were not only an honour to his profession, but to human nature. He was Rector of St. John and Dean of Jersey, from 1670 till his death in 1 714, at the good old age of Eighty-four. In 1687, Mr. Falle published a Sermon on the Eucharist, and another on the Duties of a Military Life, in 1692. The former of those Sermons was in French, and the latter having been preached before the Garrison, was in the English Language. Those discourses are now seldom to be met with, and this short notice of them is taken from a blank XVI LIFE OF FALLE. page of the first Edition of his History of Jersey, in which they are advertised. While Mr. Falle was resident on his benefices in Jersey, his name frequently occurs in the proceedings of the insular States, of which a man of his extensive knowledge and integrity could not fail to have heen a distinguished mem- ber. This is evident from his having been, on several occasions, named to act in the Committees of that Assembly. We are now come to the most important part of Mr. Falle's life. During the early part of the reign of William III, the French had obtained a certain ascendancy at sea, which cawsed serious inconveniences to an island like Jersey, whose trade was not only nearly annihilated, but itself kept in continual alarm, and as it were, in a state of blockade. The States, in that emergency, resolved to send over Deputies, with an Address, to lay their precarious- situation before their Sovereign, and to implore his assis- tance. Accordingly they named a Deputation for that purpose on the 6th of September, 1692, and Mr. Falle was one of the members entrusted with that important mission. As to the Address which was then voted, he has preserved it at page 89 of his History, and it is probable that it came from his pen ; but it is not registered in the Book of the States. Its object was not merely congratulation, though it contains enough of it ; but to place the island in a respectable state of defence. On the arrival of the Deputies in London, John DurelJ, his Majesty's Solicitor for Jersey, and Mr. Falle, were intro- duced to a private audience of William III, by Lord Jermyn, who was then Governor of Jersey. The Deputies had then the honour to present their Address, and to kiss his Majesty's hand. They were most graciously received, and were com- manded by the Sovereign hi mself, to assure their countrymen of his care and protection. (Feb. G, 1692,3- First Edition, p. 45.) It is from that date that we may reckon Mr. Falle's- subsequent advancement ; and as laymen are often LIFE OF PALJLE. XV11 knighted on being presented to the King, so he had the honour of being appointed Chaplain in Ordinary to his Sovereign. On his return to Jersey from that successful mission, Mr, Falle and his colleague John Durell, were favourably received by the States. Bat as they did not receive a vote of thanks till some time after, it is probable that Mr. Falle revisited England on private or public business a second time. (States, 20th Dec. 1694.) As to Mr. Durell, according to Mr. Le Geyt, he became Secretary to an embassy, and residing in. London was at different times employed as Deputy for the affairs of the Island. (Le Geyt, Jurisdiction, Chap. V.) It was during that Deputation to England that Mr. Falle first entertained the design of writing the history of his native country. His reasons are stated at full length in the Preface to his Second Edition, the chief of which were to make the Channel Islands better known to the English public, and to shew their general importance to the Empire at large. Impressed with that truly patriotic object, he hastily pre- pared his first Edition on his return home. It was published in London in 1694, and dedicated to King William III. This work, though but a skeleton of the Second Edition^ was well received, and some years after, Mr. Le Geyt referred to it as an authority, in his Manuscript on the Jurisdiction of the Royal Court. (Chap. IV. Des Jures.) While Mr. Falle resided in Jersey, his name often occurred as a suitor in the proceedings of the Royal Court; but it is uncertain, whether it arose from a litigious disposition, or whether he was frequently placed in that unpleasant situa- tion, when a man is obliged to defend his just rights by compulsory measures. It is curious that he has given his own views about people, who are obliged to go to law, and has vindicated their conduct. (See p. 221.) His patrimonial estate consisted of about fifty vergees of land, which, with the income he derived from his benefice, and in a small country like Jersey, placed him in perfectly independent circumstances. His talents and his integrity XVlii LIFE OF FALLE. could not fail to render him moreover a person of consider- able influence. It is not known what motives induced him, when thus placed in an enviable situation of peace and compe- tence, to extend his views beyond his beloved country, or what patronage enabled him to gratify his ambition. It seems to be most probable, that it was his successful Deputation to England in 1692, which gave him an opportunity of making himself known, and which opened to him the path to English preferment. Be it as it may, his success in life was eventu- ally to the advantage of his native Island, as it afforded him the means, and the opportunities of forming his valuable Library, which he could have never accomplished, had not his merit enabled him to emerge from the humble rectory of St. Saviour. (See Mr. Mor ant's Letter, p. 266.) It is more than propable that he had the protection of Lord Jermyn, the Governor of Jersey, to one of whose daughters he had dedicated one of his Sermons. As to any other connections, which he might have formed in England, we know absolutely nothing ; and it is better to be thus far candid, than to hazard conjectures, which might not only be unfounded, but tend to throw discredit on those parts of this Sketch, which can be supported by competent authorities. 'The title page to his first Edition in 1694, represents him as having been then Chaplain in Ordinary to the King; but it is unknown how long he remained in Jersey after that pe- riod. Itisnevertheless certain, that he did not residein Jersey for many years, before he resigned the living of St. Saviour. When he was sued with his Churchwardens, before the Royal Court, in 1699, the business was put off, on the ground that he was then absent in attendance on His Majesty in Holland, as one of his Chaplains. The parish Register also mentions some of his Curates at St. Saviour, previous to his resignation of that benefice. The date of his obtaining a stall at Durham, and the living of Shenley, near St. Alban's, must be left in obscurity, as well as the time when he fixed his residence at the latter place. The Rectory of Shenley is a valuable one, though it LIFE OF FALLE. XIX cannot now be ascertained, what it was actually worth in Mr. Falle's time. (*) The removal of Mr. Falle to England did not abate his attachment for the land, which had given him birth. In 1734, he published the Second Edition of his history, the best memorial of his abilities and of that patriotism, which will endear his name to the latest posterity of his country- men. Soon after he made a present of his valuable collection of books to the Island, the intention to do which he had already intimated in his History, (p.p. 218 and 454.) The States of the Island in consequence erected a suitable build- ing for their reception, where, with the additions subsequent- ly made by the late Dr. Daniel Dumaresq, they constitute a most important literary treasure, and offer immense facili- ties to the classical and theoligical student. The pictures of that worthy Founder and of Dr. Dumaresq are preserved in the Library. Mr. Falle lived a few years longer, and closed his pro- tracted and honourable life at Shenley, when he was nearly Ninety years old. It was his particular good fortune, that his very long life was not chequered by any of those severe and unexpected vicissitudes, which have so often, and so cruelly embittered the lives of other distinguished men. But he was principally indebted for that happy result, to his implicit con- formity with the opinions and the prejudices of his age ; for what has been a religious or a political merit at one time, has at other periods been a grievous offence, and the source of much unhappiness. This has been the fruitful origin of un- speakable misery to many wise and eminent men, who have been the victims of their own imprudence, for either speaking or acting prematurely, when in opposition to the spirit and the prejudices of their times. Mr. Falle's patrimonial estate in Jersey came downunira- (*) Shenley is thus mentioned in Ecton's Thesaurus, London Edition, 1763, page 226, Diocese of Lincoln, Hertford. 16 08s. Ol^d. Sheudley, R. St. Bololph. Vocat. Shendle* Spelhurst. Mrs. Newcombe, Patroness, 1 12s. 09|d. ybarly Tenths. XX LIFE OF FALLE, paired, but without accumulations, to the descendants of his two sisters, who are now represented by the Rev. David Durell, one of the Prebendaries of Durham, and by Thomas Anthoine, Esq., of Longueville, in St. Saviour's parish. The estate has been sold in several parcels to strangers, but the farm house, which is but at a short distance from St. Manelier's Grammar School, is, judging from its antiquated architecture, the very same as when it was inhabited by Mr. Falle, a picture of whom is still preserved there, in one of its best apartments, as a valuable heir loom. .11 A'd ' bivG .vpH.arfJ ^.d Bslnaasiq^ .won sus.odw t aifjJata ovn sBfrioi{T ^d Jbflfi t nthuQ."to fcoheliirettoi*! njdi >o ano .llaiuCJ ilahfiq a'luoivja^ J^' -iic^uoJ %o t .peil <:. CONTENTS. 4c5 moil aonej^ili -.tiori j> iwu Baker in the Reign of King Charles II . png. 636, 637. INTRODUCTION. XXlii too much honour and generosity not to do justice to the English Major General. He gave such a character of him to the Court of France, as drew from it an acknowledgment of his great Services, and an invitation to Paris ; which however he chose to decline, and returned into England, where not long after he became instrumental in the more glorious Work of restoring his rightful Sovereign, by a conjunction with General Monk, as was hinted before. All this considered, a more proper Person could not be pitched upon, to whom the guard and defence of this Island, look- ing every day to be attacked, should be confided ; and the making choice of him was a great instance of His Majesty's care and concern for our preservation. Resolved to live and dye with us, this Gallant Man hastened to his Charge ; and perhaps it never was more plainly seen, how powerfully an high Opinion conceived of a Chieftain and Leader will influence the Troops under him. One would think that Sr. Thomas had communicated something of his Brave Spirit to all our People. The Consternation, which before his ar- rival was great and general enough, vanished at his Presence among them ; or if a few more timorous remained under some apprehension, they were ashamed to shew it openly. Though they wanted not encouragement otherwise, the ne- cessary Supplies being daily and liberally sent, and every thing put in the best posture to oppose the Ennemy, yet it was chiefly in their Governor, and the Fame of his great Exploits, that (under God) they placed their Confidence. It may not be unpleasant to remark, that remembering how terrible his English Red-coats were in Flanders (*), he would have the Militia of the Country all clothed in like manner, forming them at the same time into Regiments (f), that when the Ennemies came to view them thus clad, and drawn up in such Order, they might take them for Regular Troops sent from England. The greatest Captains have (*) So soon as the Red -coats came near the Counterscrap, there was nothing presently but a Capitulation and Surrender, Sic. True Relation, &c. pag.537, 538. (f) They consisted before only of Independant Companies. See the Chapter of Military Government. INTRODUCTION. not disdained to put in use the like little Arts and .Strata- gems, often with Success. Counsels and Enterprises concerted in the dark, and to be executed unlocked for, when haply discovered, turn to the confusion and disappointment of the Contrivers. By the Dispositions made in the Islands, and private intelligence other waies, the French Court saw it's Designe no longer a Secret ; and so to be either laid aside, or publickly avowed and pursued by open and barefaced Force. This last could not be done without the said Court's incurring the reproach and infamy of a most shameful Prevarication, in that it had been arming clandestinely to surprize the Islands, and wrest them from England, notwithstanding the mutual Engage- ments betwixt the two Kings ; nor without occasioning a real War (to which France had no inclination at that time) instead of the feigned and collusive one mentioned above. No way therefore now, but to drop the thing, as if it had never been in purpose and intention, and to keep on the same Mask and appearance of Friendship as before, a Management well understood by that Court. On the other hand, our King, who had enough to do to deal with the Dutch, thought it best to suppress his resentment, and to let the matter dye ; so that it passed without farther eclat, and this (I believe) is the first time the World has been made acquainted with it in Print. As for us in this Island, we ascribed all to the Ennemy's hesitancy and doubt of success, after they heard in what readiness we were to receive them, wherein perhaps we presumed a little too much of ourselves. There went besides a Report, that the Marechal de Turenne, had dissuaded the Undertaking, for so long at least as the Chevalier Morgan commanded here ; " who (he " said) was not a man to be frighted, or deterred by any " superior Force that could be brought against him, from " making a most desperate Defence ; but would sacrifice " himself with all his People, sooner than give up a Post " committed to his Trust. By what he had been seen to do " in Flanders, it might be guessed how he would behave on INTRODUCTION. XXV '" an Occasion like this. And such an obstinate Resistance " would cause too much blood to be shed on both sides." So salutary to us was the reputation that Brave Man had acquired in the Profession of Arms (*). Be it as it will, thus the Storm blew over that had threatned us, and the Deliverance, all circumstances considered, we cannot but think equal to the greatest that has been wrought for us in any Age. And thus also I have made good, by an Example of Modern Date, the allegation above, of the perpetual Danger to these Islands from the French so that even Peace is no security to us. We can never depend upon it. 'Tis true, there was War declared, when the Conspiracy, (for so I must call it) was formed and carried on covertly agaist us ; and had it been a War like other Wars, the thing would have had nothing in it new or strange. For we are not ignorant how most Princes, when they are pleased to quarrel, which they too easily do, allow themselves without scruple in every Wile and Artful Fetch they can devise, or others suggest to them, to amuse, circumvent, and work underhand all possible prejudice and mischief each to his Adversary, pursuant to the known maxim in the Poet (f), Dolus an virtus quis in boste requirat ? Enough might be urged against this, as when the Means so employed are base and immoral (+). And who will say there are not often such ? But I shall enter into no dispute about it. What I contend for, is, that our Case was singular. Here was a War, which all the World looked upon as illusory, and a jest. A War and no War. Lewis XIV. had given assurance of preserving a good understanding with his Brother of England, not- withstanding his Declaration in favour of the Dutch, (*) Here I expect an Objection, that this long Story might have been shortened, by being less particular about Sir Thomas . JVow I ivas willing the World would know, that we are not so stupid a People, as to retains no sense of the Merits of a good and worthy Governor; but that we can, and ever shall, distinguish such a One in our Esteem, from others who value and regard the Government only for the sake of the Emoluments they draw from it. (t) Virg. ^neicl. II. (t) Vid. Grot, dejure Belli &c. Lib, III. Cap. 1. E XXVI INTRODUCTION. whom he neither loved nor meant to espouse in earnest. Accordingly, while the two Principals were battling it with great fury, he stood looking on. Was that then such a state of War, as would justify his practising secretly against us, contrary to the good Faith to be observed among Princes ! Wherein did such a War differ from Peace, except in name only ? We thought of no Danger, and it was at our door, ready to overwhelm us. Unhappy condition of these Islands ! England, how insidiously soever France may deal with it in Treaties, has nothing to fear, resting secure on it's own Strength. But if the French, not trusting to their great Puissance alone, for the gaining of these Islands, will moreover add Fraud to it, and lie at a catch for opportunities to bear down upon us, when we have no suspicion of them ; and if we, deluded by flattering Appearances, and a false Calm, do not keep a good Look-out that way whence Danger is continually to be apprehended ; it can hardly faile (unless Heaven should be alwaies working Miracles for us) but that one time or other we must fall into the snare. In a real open War, the Protection of England, and the Courage of our People, will 'tis hoped (under the Divine Assistance) baffle the Efforts of our Ennemies, as in Times past. The former of these viz. the Protection of England, we have no reason to distrust, having so long experienced it. The other indeed, viz. our People's Courage, depends upon Circum- stances, which may either keep it up, or depress it. To keep it up, the only way is to make them easy, and remove every occasion they have (or think to have) of Discontent. It would be happy for England, if all it's Subjects were as well affected to the Established Government as they. Therefore a little impatience and stomachfulness under what they take (perhaps mistake) for a grievance and hardship, may be indulged them without any ill consequence. It only proves, that they are not a poor dispirited Populace, like their neighbour Normans, who seem born to bear burthens, and are uncapable of doing any generous thing for them- selves or their Country. The difference betwixt these our People, and the Yeomanry or Commonalty elsewhere, ought INTRODUCTION. ever to be remembered. They are all Soldiers, listed though not hired, and being such 'tis fit they have the Spirit of Soldiers. With the same hand they hold the Plough one day, they must wield a Sword the next, if Danger calls. On them it lies, and from them 'tis expected, that after the manner of their Ancestors, they be ready at all hours to draw down to the Shore, not keep behind a Rampart as Garrison- Soldiers, and there on the same open Shore stand the brunt and shock of an Ennemy that would force entrance into the Country : A bolder and braver way of Defence, requiring so much Life and Fire as nothing but good Usage, and satisfaction taken in their Condition, can inspire a People withal. But no more of this. And now a word or two farther concerning this Second Edition, and I have done. It is, as the Title promises, much augmented, even more than half ; which should be a recommendation to it, supposing the Additions made do not seem of too minute and private a nature to merit the Public Attention. They who write of the Affairs of great Kingdoms, are under no such necessity of stooping to little and low details through want of nrore important Mat- ters. They are rather oppressed with the weight, number, and variety of famous Events, in which all who read in- terest themselves and have their curiosity gratified. 'Tis not possible it should thus be, in an Account of One small Island. And since I could not rise above my Subject, an equitable Reader wrll condescend to be entertained with lesser incidents and notices, which he would very justly des- pise in a greater History, as below it's Dignity. After all, 1 have watched over my Pen, that nothing too mean and tri- fling might drop from it. Besides this, I am a debtor to my Countrymen, for whose sake I am obliged to cfwell on several Particulars of which it concerns them to be apprized, thoiigh the same should happen not to be minded by others. And I flatter myself to have deserved their thanks, for retrieving not a few Ancient Facts, and some also of latter Times, which were either already quite sunk, or daily sinking into Forgetfulness ; it being the unhappiness of Places like this, XXVlil INTRODUCTION. where Printing is not used, (14) that the Remembrance of Things is seldom kept up in any degree beyond the Age iu which they were transacted. I must likewise owne here, that this Work would be more perfect, if the other Adjoyning Islands could have been taken into it. For they are all Sisters, and in Books 'tis not rare to find them reckoned and reputed as One Aggre- gate Body. Not only they all have the same Laws and Form of Government, the same Privileges, Language, Re- ligion and manner of Worship, but are all alike obnoxious to the same formidable Ennemy, and have their Fates ne- cessarily bound up and twisted together. No one of them has been attempted, but the rest have suffered at the same time. Whereby their History is so connected, that I could not go on with that of JERSEY (to which I meant to confine myself) without often mentioning Guernezey, and sometime the others also. And yet each and every one of those Is- lands apart, has something proper and peculiar to it, that would need a distinct consideration, for which I do not think myself sufficiently instructed. I can therefore only direct such Readers as would know more of those Islands than they will find in this Book, to My Lord Bishop of London's Second English Edition of Camden's Britannia. That part of it which treats of the British Islands on the Coast of France (*) having been assigned me to review, and improve with some later Observations, I proceeded therein as far as the acquaintance I had with those Places could lead me, and his Lordship's Plan (which I was to follow) would give leave. They who are not satisfied with those Sket- ches, must have patience till some Gentleman of Guernezey (which cannot want able hands for such service) shall take upon him to illustrate his Native Country, (15) as I have done mine ; including in his Account Alderney, Sark, Sfc. which depend on that greater Island, as Members of the Government and Jurisdiction of it. Moreover to this Second Edition there are added Remarks on a Chapter of Mr. Selden's Mare Clausum, by the hand (*) Vol. II. pagf. 1507. INTRODUCTION. XXIX of my ingenious Countryman, the reverend Mr. Morant, (16) Mr. Selden not contented to have given abundant Proofs before, of the Soveraignty of the Crown of Great Britain over the circumambient Seas, would needs draw a farther Supply of Arguments from these Islands, asserting them to have ever belonged to Great Britain, and with them con- sequently the Dominion of the Sea in which they are situate. And this in plain contradiction to all Histories, Records, and Charters of our Kings ; where these Islands are still mentioned and considered as Tabulce ex naufragio, Planks saved with much difficulty out of that terrible Shipwrack in which all the rest of Normandy was lost to England. That learned Man's Works being lately reprinted, it cannot be amiss to animadvert a little on an Assertion so much out of the way, leaving the praise and fame of his great Learning intire and untouched in every other particular. I shall not here anticipate my Friend's Remarks, but take the opportu- nity of acknowledging his kind assistance in searching the Offices at London (whither I was not able myself to go) and collating with the Originals there, such Copies as I could not securely rely on ; and again, in making Extracts for me from Rymefg Foedera, as he was examining that Voluminous Collection for the Folio-Edition of Rapin. So Much I think fit to say, that if there be any Merit in this Work, he may have the share due to him. XXX 3" Finding the following Directions among the Papers which the Sr. de Samarez put into my hands, and judging them not unuseful, I have chose this Place to insert them in, that on occasion of conferring them with the Map, they may not be too far from it. (17). " Directions for coming into the Island from the " Northward, or England. " Sailing Southward along the Bay of St. Ouen (the " Westermost of the Island) there is good anchorage in the " said Bay with an Easterly Wind in 12 or 15 fathoms of " Water for great Ships, and in 7 or 8 for lesser, but no " Harbour for great or small, only a Creek for Fisher- " Boats called VEtac. " If you come to an anchor in this Bay, leave about two " thirds thereof to the Northward of you. " The North and South Parts of the Bay are full of " Rocks but the middle is clean. La Frouquie is a Rock " that seldom covers, and all the ground betwixt it and the " Land is rocky. " In sailing about the Corbiere to come into St. Aubin's " Bay~(vfln.eie the Port is) keep off from the Land about " half a League, and saile Westerly, till you see the Point " called Portelet. Then you may run close along the shore " without danger, till you come near Noirmont-Point, " which you must keep with the Corbiere, leaving it open, " till you see two single Houses among some Trees upon the " East-side of Noirmont-Hill, in a Valley between the " Point and St. Aulin. Then bear into the Road fearing " nothing, and come to an anchor in 2, 3, or 4 fathoms at " Low-water. " At Half- Flood you may run with a Ship of Two or " Three hundred Tuns over all the Rocks, except Silly- " Rock and Hinguette (*), which do not cover till about " two hours Flood. (*) Few years ago, in a fair and calm day, the Hind Kin^s Ship of 20 Guns, entering into the Bay from England, was by the negligence of the Pilot run upon this Rock, and there lost, with the Captain and scieral more. Of such accidents an Harbour often bears the blame, when, they areoicing to ignorance or carelcsness-* XXXI " There is also a good Channel between La Rouaudiere " and Ilinguette. If you go through it, keep the Gallows " and the West- Walls of Elizabeth-Castle one by the other " or in a line, till you see a White House standing alone " over the top of the Tower of St. Aubin. Then run in, " and come to an anchor in 2, 3, or 4 fathoms at Low-water. " As for the Tides, it is High-water here at Six o' Clock, " upon the Change and Full of the Moon. " From Grosnes- Point to the Corbiere, the Current sets " South from Half- Ebb to Half- Flood ; from which time to " Half- Ebb again, it sets North. " From the Corbiere to La Roque, the Current sets East " all the time of Flood, and West during the Ebb. It is " the same along the North- Coast of the Island. AN ACCOUNT OF THE CHAPTER I. History of the Island. IT cannot with certainty be said when, or by whom, this Island was first inhabited ; which will not seem strange to him who considers how dark and fabulous the History of the greatest Nations is, when carried up to Times and Ages too remote. 'Tis abundantly sufficient for the honour of this Island, in point of Antiquity, that it was known to the Romans ; who called it GSSAREA, a name of distinction given to favourite places ; and by that name the Emperor Antoninus lays it down in his Itinerary, among the Isles of the Britannic Ocean (*). It makes so good an appearance from the neighbouring Continent, and the traject to it is so short, that 'tis not likely the Romans would pass it by without visiting it, as they carried on the war in these parts. Caesar himself relates how he brought under subjection the Unelli, the Lexobii, and other nations inhabiting this Maritim Tract (f), of which the adjacent Islands being members and appendages, doubtless he would not fail to reduce them with the rest. And accordingly we want not proofs of the Romans, if nof of Ccesar himself, coming amongst us. Adjoining to Mont-Orgueil castle, and having communication with it by (*) Intinerar. Paris. 1512. pag. 89. (t) De Bello Gallico. Lib. iii.&vii, HISTORY OF THE ISLAND. 2 a sally-port, there is an old Fortification called to this day by immemorial tradition Le Fort de Cesar. Likewise at Rosel, in the North of the Island, there is a remarkable Entrenchment by a like tradition bearing still the name of La petite Cesaree. Near the Mannor of Dilament, one sees the remains of an ancient work, in the known form of a Roman Camp. Coins also have been found here, but our people unhappily wanting a taste for such things, kave neglected to preserve them. Nor did I myself make enquiry after them till lately, when three were put into my hands, viz. a grand Bronze (to speak in the style of the Medallists) of the Emperor Commodus, newly digged up in the parish of St. Ouen ; and two of Probus and Post humus, of that sort which (as Patin observes) (*) came to be struck in the impoverished and declining state of the Roman Empire. The modern name of JERSEY, or GERSEY, is allowed after Mr. Cambden (f), to be but a corruption of that of C^SAREA. For Ey, in the language of those Northern Nations who overran Europe about a thousand years ago, signifies an Island (), as in the name of Angles-ey, i. e. the Isle of the Angles ; and Jer, or Ger, and likewise Cher, is but a con- traction of Ccssar, as in the name of Cherbourg, an ancient sea-port town in Normandy, so called from the Latin Ccpsaris-burgum. JERSEY is, as if one should say, Ctesar's Island. It is also sometimes mentioned in old writings and monu- ments by the name of AUGIA, which the learned Mr. Poingdestre thought to be the Original name of this Island, before the Romans were acquainted with it, and called it C.ESAREA ; so that although They, in right of conquest, would needs give it a new name, yet still the old name remained among the natives and neighbours on the Continent, and was in use many ages after. And that thus it has often happened to places and countries upon a conquest, is notorious from all Histories ; into which no small confusion and (*) Histoi re des Me dailies. Ch.xvi. (f) De Insulis Britannicis, pag. 854. (|) Ey, Insula, Vid, Rudolph! Jonse Gram- Island, pag. 103. F 3 HISTORY OF THE ISLAND. obscurity has been thrown by such plurality of names applied to the same place. By the abovesaid name of AUGIA, ChUdebert King of France, son of Clovis, gave this Island to Samson Archbishop of Dol in Armorica, about the year 550 including in the same grant the other adjoining Islands ; of which grant that accurate and diligent Historian D 'Ar- gentre, attests to have seen authentic deeds and evidences(*). But concerning that transaction I shall have a more proper opportunity to speak in the chapter of Religion, it being here mentioned only on account of this name of AUGIA which we have under consideration. To pass therefore to another instance ; in the reign of Charlemagne, Gero-aldus Abbot of Fontenelle in Neustria, was sent hither with an imperial commission, which, though the occasion be not said, must have been of some importance, considering the quality of the person, employed before in great negotiations. Is Abbas, jussu Caroli Augusti, quadam legations fungebatur 4n Jnsula cui nomen est AUGIA, Sf est adjacens Pago Constantino (f). Here the name of AUGIA occurs again, and the Island is described by its situation near the Pagm Constantinus, i. e. the City of Constance, or Coutance, as they now speak, and no other Island but JERSEY will answer that description. Therefore AUGIA and JERSEY must be the same. Whereupon it may be proper to observe, that 'tis very usual with ancient Authors, when they speak of this Island, to describe it by this very mark and character of its nearness to Coutance, instead of naming it by name. Thus Gregorius Turonensis, (J), and Aimoinus Monachus (), call it an Island of the Sea which is adjacent to the City of Coutance ; (*) Je trouve cela aux Vielles Lettree. Hist, de Bretagne. Liv. i. Chap, xxviii. fol. 114. de 1'Ed. de Paris. 1611. (f) Du Monstier. Neustria pia. in Fontanel, Cap. viii. pag. 155. ex Libro imraculorurn. S. Wandregisilli Abbatis Fontanello?. (|) Hist. Franc. Lib. v. cap. xviii. Insula Maris quod adjacet Civitati Con- stantinse. () De Gestis Francorum. Lib- iii. Cap. xxvi. Insula Maris qua Ciritati adjacet Constant iae. HfSTORY OF THE ISLAND. 4 Gaguinujs (*) and Paulus dRmytius (t) call it an Island of the Diocese of Coutance ; and Papyrius Massonius (+), an Island of the shore of Coutance ; and these descriptions point to JERSEY no less plainly,than if its name was set down in capital letters. The occasion of this Island being mentioned by them, was the banishment of Prcetextatus Archbishop of Rouen hither, in the year 577. Now two modern inge- nious Historians' of Normandy speaking after them of the same affair, expressly call the place of his banishment JERSEY () ; which shews how those Authors are now to be understood : Indeed this Island is so near to Coutance, that they are in sight of each other. From the lofty towers of its beautiful Cathedral it overlooks us, and the narrow Channel betwixt it and us ; and the bending shore of the Pdis Coutantin, reaching to Cap la Hague, does in a manner surround and inclose us on that side. As for the city itself, glorying in some remains of the Roman greatness, as Aqueducts, Sfc. I have no farther concern with it at present. AUGIA still is, and has been the name of other places. The Bodenzee, or lake of Constance in Sivabia, has a noted Isle in it so called (||). In Normandy there is le Pa'is d'AuGE, which is a large district containing some Dioceses. And Homer speaks of more than one AUGIA among the Locrians bestowing on them the epithet of lovely (51). But in regard to JERSEY, this its primitive name is grown obsolete and quite disused, and C^ESAREA corrupted into JERSEY has by length of time prevailed over it. I shall only add further, that this name of JERSEY admits of some variations, caused by a change of letters into others of a similar sound and pronounciation. Thus 'tis written indif- (*) Compend. super Francorum gestis Lib. ii, in Chilperico. Insula Con- stantianse Dicccesis. (f) De rebus gestis Francorum, Lib. i. in Chilperico. Insula Oeeani Con- stantieusis Dicecesis. ([} Annul. Lib. i. pag. 52. Insula Constanlini Littori?. () Prctexta prive de son Archevesche , par un Synode (TEvesques assembles a Paris,,/W releguecn fisle (/eGERZAl, dans le Territo ire de Constances. Abreg6 del'Hist. de Normandie. ch.ii. pag. 33. Histoire Sommaire de Normaiid. par de Masseville. Parti, p. 54, Fleury Hist. Excel. Tom. vii. Liv. xxxiv 33. (||) Muusteri Cosmogr. Lib. iii. (<(f) And those who dwell where pleasing Augia stands. Pope's Homeri Book ii. v. 637* ft HISTORY OF THE ILLAND. ferently JARZ, GERZAI, GERSUI (*), fyc. by the French. In the records of the Tower and Exchequer it is JERESEYE. And when others have gone about to latinize it, they have introduced the barbarous names of GERSOIUM, GRISOGIUM, and the like, in lieu of the true Roman name C-*:SAREA, of which they were ignorant, and which our great British Antiquary (f) has so happily revived and restored to us. These researches into the ancient name of this Island, have led me from the time of our first Conquerors the Romans, down to that of the Francs or French, who now in their turn were become our Masters. That warlike people breaking out of Germany in the fifth century, spred them- selves like an inundation far and wide. Under their Kings of the Merovingian and Carlovingian races, they by degrees founded an Empire which took in all from the Ocean to the Danube. Its more general division was into West-France, and East- France ; the first, in the Latin of that age, called Westria, turned afterwards into Neustria, which now is Normandy, but this of far less extent than the ancient Neustria. It is a Maritim Province, and the Islands in its neighbourhood, and within its view, JERSEY, Guernsey, and the rest, ever went along with it, as parcels of it, consequently became then also appurtenances of the great Kingdom of France. Some perhaps may think, because the French are still called Galli, thnt they are the same Gauls whom Ccesar subdued. But those Gauls were distinct bodies and govern- ments of several nations, and (as one may say) the Aborigenes of the country, forasmuch as no history extant goes beyond them (+). Whereas the French were one people, an adven- titious people, come from the other side of the Rhine and of German extraction. The Romans subdued the Gauls, and (*) Je di, Sf diray queje sui. Vace" deVIsle de GERSUI. Maistre Face en son Roman de Normaiulic. (t) Mr. Camden. (J) Therefore they boasted of an immediate descent from the Gods. Galli se omnes JDite patra prognatos predicant . Caesar de Bello Gall. Lib. vi. HISTORY OF THE ISLAND. 6 the French drove out the Romans. This remark might have been spared, were it not for the sake of less knowing readers. It was in the reign ofLudovicus Pius, son of Charlemagne, and about the year 837, that the Normans (whose very name shews from what part of the world they came) began to carry on a pyratical war on the western coast of France. Their boldness increasing with their numbers, they made descents in several places, and committed great outrages (*). But things grew infinitely worse under Charles the Bald, son of the former, whose whole reign in a manner passed in a perpetual conflict with them. For by the advantage of their little light vessels, they went up the rivers, and penetrated into the very heart of France, sacking and burning the Towns, shedding torrents of Human Blood, and bringing such ruin and desolation every where, as no Histories afford an instance of the like (f). They were Pagans, aud zealous for Idolatry, a gross and brutish Idolatry ; which added to their native savageness, made them fall upon Churches, Monasteries, Religious Persons, and all that was Christian, with a redoubled and hellish barbarity (J). In short, they struck such terror throughout all France, that in the publick Litany, after those words from plague, pestilence, and famine, was subjoined, and from the fury of the Normans, good Lord deliver us (). No places could be more exposed to their incursions than the Islands on the Coast (|j), through which they must necessarily pass, as they ranged the land. And accordingly in JERSEY, converted to Christianity long before, they left us this monument of their cruelty. There lived here a Holy (*) Vid, Gesta Normannorum ante Rollonem Dncem apud du Cbesne 1 1 isturia' Norman. Script, antiq. ab initio. Paul. JEmy\. Lib, iii. (f) On n'en trouve point depareille dans toutes Ics Ilistoires. Abrege de Meze- ray, au Regne de Charles le Chauve. (J) Le faux zele de leur religion impie et brutale les rendoient cruets et sangui- naires, surtout a Vendroit des Gens (TEglise. Le memo. () Godeau. Hist.de TEglise. Siecle ix. Liv. i. (||) Hcec clades, sicut i primiths, ita acerbius in INSULIS, seu Territory's Occi- dentalibus, ac mari contiguis desoevit &c. Du Ghesue. Hist. Norm. Script, antiq. pag. 21. ex autore Historic Sti. Viveutii. 7 HISTORY OF THE ISLAND. man, famous for the piety and austerity of his life ; his name Helerim, in French Helier ; (18) whose little solitary Cell, which he had chosen for a retreat from the world, is yet to he seen on a rock hard by Elizabeth Castle, and is called the Hermitage. This Holy Man they put to death, with circumstances that gained him the reputation of a Martyr ; no doubt for his bearing some illustrious testimony to the Faith of Christ, in contradiction to their vile Idolatry. The Church -kalendar of Coutance places his anniversary, or day of his martyrdom, xvumo Kalend. Augusti, i. e. on the xvith of July. The Island itself grew famous upon his account, and still more so when in after time a Norman Nobleman, of the posterity of those who had been his nuir- therers, founded here a fine Abbey in memory of him, and called it by his name ISAbbaye de St. Helier, (*) of which more hereafter. The near ressemblance betwixt the names of Helerins and Hilarius, has occasioned a mistake concerning St. Hilary Bishop of Poitiers, as tho' he had been banished in to this Island, and had died here. Even Mr. Camden himself seems to have given credit to that report, and thereupon calls the chief Town in the Island St. Hilary, which should be St. Helier (f). To have been the place of exile, and now the repository of the ashes of so bright a Light of the Ancient Church, and so strenuous an assertor of the Doctrine of the Holy Trinity against the pestilent and blasphemous Heresy of Arrianism, would certainly be a matter of great glory to this Island. But in reverence to truth, we must disclaim an honour which does not belong to (*) GERSEIUM Inxula ad mare Oceannm, Dicccesis Constant iensis Illus- trior haberi ceepit ex quo S. Hclerius illic d Wandalis marlyrii palmam accejiit. Nam in hmorem Jiujusce incli/ti Athlctce Christi consiructa est insignis Abbatia, d Domino Guillelimo Hamonis, viro nobili, et antiyui stemmatis apud Ncustrios Ileroe, in qua Canoicos Regularcs S. Augustini posuit ; ac tandem ipse excessit c vita 21mo. Novembris ; cujus sic meminit Obituarium Caesaris-burgi ; xi. Calend. Decemb. Gulieltnus Hamonis qui furdavit Abbatiam S. Helerii in GERSOIO, Neustria pia in S. Helerio. pag. 712. Here i\\c uiurtherers of St. Helier are called Wandals, instead of Normans, the names of those barbarous northern nations being often confounded, and used promiscuously. (t) Sanctum Hilarium Piclaiicnsum F.piscojwm hue iflegatum, $ sepultures traditumferunt. Ut supra. HISTORY OF THE ISLAND. 8 us. For indeed St. Hilary was never here, and his story is briefly this. In the year 356 some Arrian Bishops of Gaul, in view of procuring the condemnation of St. Athanase, convened a Synod at Beziers in Aquitaine (*), where St. Hilary so effectually opposed and defeated their wicked mea- sures, that in revenge they complained of him to the Emperor Constantius, himself an Arrian, who thereupon banished the good Bishop into Phrygia beyond the Hellespont. Some years after being suffered to return to his See, he died and was buried at Poitiers, which was also the place of his birth. This we learn both from St. Jerom (f), who was almost his co-temporary, and Severus Sulpitius (J), who lived and flourished not long after him. To return to the Normans ; for the space of well-nigh fourscore years they continued those horrible ravages men- tioned above, viz. from the year 837 to 912, when Charles IV. surnamed the Simple, who then reigned, finding himself unable to make head against them, much more to drive them out, thought it best to compound with them, and by- making them a cession of some part of his Kingdom, save the rest. Their Leader at that time was Rolla (), to whom Franco Archbishop of Rouen was sent with the overture" of a Treaty. Will you, mighty Chieftain, said he, go on to make war with the Francs so long as you live ? What will become of you, if death surprises you ? Do you think that you are a God ? Are you not a mortal man ? Remember what you are, and will be, and by whom, you must one day be judged (||) / He then went on to propose terms for an accommodation ; which were, That all that fine Tract of country, part of Neustria, extending itself along the Britan- (*) Conciliabulum Byterrense. (f) De Scriptoribus Eccles. No. III. (J1 Historia Sacra, Lib. ii. prope finetn. Boucliet Annalcs d'Aquitaine. Parti. Ch. xiv. &c. () Otherwise Rou,Roul, and Raoul, in the French and Norman writers. (1|1 Omnium Ducum pr&siantissime ! Litigabis vitd comite semper contra Francos ? Prteliaberis semper Contra illos ? Quid de te, si morte pr&occupatus fueris 1 Deum te esse exis/imas 1 Nonne homo es 1 Memento qualis es, $ eris, 8$ cujusjudicio damnaberis ! Dudo de moribus & actis primorum Normanniae Ducum. Lib. ii. 9 HISTORY OF THE ISLAND. nw Ocean, in length near two hundred miles, with a breadth proportionable, should be yielded to Rollo and his successors for ever, to hold it in fief from the Crown of France, with the title and dignity of Dukes ; and further, that upon Hollo's embracing Christianity, to which the Archbishop was to exhort him by all proper arguments, the King would give him his daughter Gilla to wife, whereby the peace and amity betwixt the two nations would be more strongly cement- ed. The Proposals were accepted and the Treaty concluded at an interview of the two Princes. /?o//owas baptized, and his example mixt with authority soon prevailed with his followers to be so too (*). He proved a worthy Ruler, and is specially famed for his great love and strict observance of Justice (f). The Province yielded to him had long been a wild scene of rapine and confusion, but he quickly reduced it into admi- rable order, establishing many good laws in it, and taking care to have them duly executed (+). It then got the name of Northmannia, or Normandy, became a flourishing and powerful State, and its Dukes made a figure equal to Crowned Heads (), whose dominions were larger, but the wisdom of their government less. The people under him mixed themselves with the old inhabitants, grew humane and civilized, ( 19) without losing any thing of their ancient courage and bravery, of which they gave signal proofs in their after-conquests of the Kingdoms of England, Naples, and Sicily. In a word, so happily were their temper and manners altered upon their Conversion, that they gained the character of a Religious Nation, beyond most others at that time (||). This glorious change was the work of Christianity, which has a peculiar virtue and efficacy to soften the ferocity of corrupt Human Nature j insomuch that if we no longer (*) Rollo comites suos, 4f mililes, omnemque manum ExercitAs svi baptizari fecit, atque Christinae Religionis fide per praedicationes inslrui. Id. ibid. (f-) Chronique de Normand. Ch. xxvi. (J) Dudo. ut sup. () JRollo sibi 4r posteris Principatum paravit, qui exiguis inchoatus initiis crecit, ut caeteris quibusque maxirnu Regnis par viribus fuit. Polydor. Vergil. Hist. Angl. Lib. vi. (||) Spondani Epitome Annul. Baron, ad an. 1002. HISTORY OF THE ISLAND. 10 hear of those barbarous devastations of countries, and all that bloodshed so common in the days of Paganism, and if modern wars betwixt nations are prosecuted with more humanity, 'tis owing to that excellent Religion which wicked and unthankful men would now banish out of the world. One thing more relating to Rollo I cannot pass without notice, because of the singularity of it, and the concern which we of this Island have still in it. Whether it began through his own appointment, or took its rise among the people from an awful reverence of him for his Justice, it matters not ; but so it is, that a Custom obtained in his time, that in case of encroachment and invasions of property or of any other oppression and violence, requiring a prompt remedy, the aggrieved party needed do no more than to call upon the Name of the Duke, though at never so great a distance, thrice repeating aloud Ha-Ro &c. (*) and imme- diately the aggressor was at his peril to forbear attempting any thing further. Nothing could be more wisely provided to prevent wrongs even among Equals, but was no doubt chiefly designed to repress 'the insolence of powerful Great Men, who too often deride and too easily defeat those more slow legal methods whereby their injured Inferiors seek to be relieved against them. And this is that famous Clameur de Haro, subsisting in practice even when Rollo was no more, praised and commented upon by all who have writ on the Norman Laws (f) (20). A notable example of its virtue and power was seen about 170 years after, at William the Conqueror's funeral, when in confidence thereof a private man, and a subject, durst oppose the burying of his body (21). It seems that in order to build the great Abbey of St. Stephen at Caen, where he intended to lie (*) Pour la bonne paix et justice qifil maintint en sa Duche", ses subjects prindrent une coustume, tant de son vivant comme ayrez sa mort, quand on leur faisoit force ou i.iolence, Us crioyent Aa-Rou &c. Chron. de Normatid. Ch. xxvi. Aa .' or Ha ! is the exclamation of a person suffering 1 . Ro is the Duke's name abreviated. So that Ha-Ro is as much as to say, ORollo,my Prince, succour me! Accordingly with us in JERSEY, the cry is, Ha-Ro,a Vaide t mon Prince ! (t) Ronillie Grand Coustumier de Normandie. Fol, Ixxvi. TerrienCom- raentaires du Droict &c. au Pays et Duche de Normandie. Liv. \\\\. Ch. xi. G it HISTORY OF THE ISLAND. after his decease, the Conqueror had caused several houses to be pulled down for enlarging the area, and amongst them one whose owner had received no satisfaction for his loss. The son of that person (*) observing the Grave to be digged on that very spot of ground which had been the site of his father's house, came boldly into the assembly, and forbade them, not in the name of God, as some have it (f), but in the name of Rollo, to bury the body there. Paulus ^Emy- lius, who relates the story, says that he addressed to the company in these words, He who opressed kingdoms by his arms, has been my oppressor also, and has kept me under a continual fear of death. Since I have outlived him who injured me, I mean not to acquit him now he is dead. The ground tv herein you are going to lay this man, is mine ; and I affirm that none may in justice bury their dead in ground which belongs to another. If after he is gone, force and violence are still used to detain my right from me, I APPEAL TO ROLLO, the Founder and Father of our Nation, who though dead, lives in Jiis Laws. I take refuge in those Laws, owning no autJiority above them (J). This brave speech spoken in presence of the deceased King's own son, Prince Henri/, afterwards our King Henry I. wrought its effect. The Ha-Ro was respected, the man had compen- sation made him for his wrongs, and all opposition ceasing, the body of the dead King was suffered to be laid in the grave. In the manner I have accounted for it, was Normandy, together with this and the other Islands, dismembred from the Crown of France ; so to remain for ever, pursuant to the Treaty betwixt Charles and Hollo ; reserving only to the said Crown the right of challenging Homage, and giving (*) Some say the son, others the person himself. (t) Baker's Chron. pa. 31. ( J^ QKI regna oppressit. armis, me quoyue metu mortis hacten&s oppressit. F.go injuriae sitpersles, pacem mortuo non dabo. In quern inferlis hunc hominem locum, meus est. In alienum solum inferendi mortuijtu nemini essedefendo. Si extincto tandem indignitatis authore, visit adhuc, vis, Roi.LONEM, conditorem paren- temque Gentis, APELLO ; (jui If gibus ab sedatis, quum cujusquam injuria, plus unus potest pollettjue. De rebus gestis Francorum. Lib. iii. Masseville Hist. Suinin. dc Normaud. Part. I. Liv. iii. pag.224. HISTORY OF THE ISLAND. 12 Investiture, upon the accession of a new Duke. By acci- dents, and the fate of war, France got possession again of the Continent of Normandy, and holds it still ; but could never recover these Islands, as the sequel of this History will shew. And this our passing from the French under the Norman dominion^ is the Third Revolution in our little State of JERSEY. We shall quickly come to a Fourth which we hope will be the last. For -being, after so many changes, happily settled in a subjection to England, (22) our desire is never to be removed from it, until the coming of that Great Day which will put an end to all Rule and Dominion among men. From Rollo (taking him into the account) to William the Conqueror, there have been of the same Family six Dukes of Normandy, our Lords and Masters. I mean Dukes of Wormandy without the accession of England. I shall do little more than set down their names, in the order in which? they succeeded each other. ROLLO, first Duke of Normandy, at his Baptism called Robert, by which latter name he is little known at present, it being in a manner eclipsed by the brighter fame and repu- tation of the other. WILLIAM I. sirnamed Longue-espee, from his long sword; son of Rollo. All the Normans wore long swords, and to that, together with their use of the long bow, their Writers ascribe their Victory over the English when they came in with the Conqueror. The English, it seems, fought with pole axes (*). At the first onset the Normans sorely galled them with their arrows. It coming to a close fight, while the English in handling their heavy weapons were obliged to lift up both arms, and so to leave their bodies open and unguarded before, the Normans ran. them through with their long-swords (f). This particular being omitted by our Historians, in the relation they give of that famous (*) D^autresbastonsils ne sc servoyent point. Chron. dc Nortnand. Cli. xlix. (-)*) Les Normans abbatoyent let Anglois de leurs longues-espees si dru, que de leur hackee ne se pouvaient defendre, si non que a deux mains; % comme les An- glois hausioyent les bras pour f rapper un Normand, Cautre Norraand dc la poinic deson espce le transperyoit de part en part. Clirou. de Norm. Gh. xlix. 13 HISTORY OF THE ISLAND. battle, I thought it not amiss to give it a place here. Duke William in size and strength of body exceeded ordinary men, which enabled him to wield a longer sword than the rest of his Normans (*). It could not however preserve him from being basely assassinated by Arnold Earl of Flanders, at a conference held under pretence of a recon- ciliation betwixt them. He was no ways inferior to Rollo his father in valour and wisdom of government. RICHARD I. sirnamed Sans-peur, i. e. Intrepid or Fear- less (f), son of William Longue-espee. Being but ten years old when his father was murdured, his Minority encouraged Lewis IV. King of France, to attempt the regaining of Normandy. Treachery and open force were both employed to effect it, and the Country was overrun with French armies. But through the fidelity and good conduct of those who governed the young Duke's estate in his tender age, but especially through his own undaunted courage and resolution, when he came to head his troops in person, the French were beaten out of every inch of ground they had gained, and this brave Prince remained to the end of his life superior to all his enemies around him, so far as once to have the French King himself his prisoner. In this height of power and reputation, Ethelred King of England sought his friendship, and married his daughter, the famous Emma, (+), mother of Edward the Confessor ; Providence so early preparing a way by that Alliance, for those after events which advanced one of his Blood to the Throne of England. RICHARD II. sirnamed Le Bon, i. e. the Good son of Richard I. Such a Sirname, given to few Princes, because few indeed have deserved it, does him honour enough, without adding any thing more ; unless it be this, (to ob- viate asuspicion of weakness) that he was no less valiant and wise, than good. (*) Id. Ch. xxvii. (f-) Pour quelque cJiose qui luy avint, o qui se presentast devant fay, il n'eust jamaii peur. A raison de quoyfut svrnommt Richard sans peur. Id. Ch. xlii. (J) Eramac Angl. Reginse Encom. Authore coetan, apud Du Chesne. pag. 161. HISTORY OF THE ISLAND. 14 RICHARD III. Son of Richard II. wanted only a longer life to render him equal to any of his predecessors, having in his father's life -time performed actions that had raised a great expectation of him. But after a short Reign of two years he died unmarried, and so left the Dutchy to his brother. ROBERT, sirnamed Le Magnifique, i. e. the Magnificent, or Liberal ; which glorious Title he made good by many acts, both of Bounty to Inferiors, and of Generosity to Equals, I mean to other Princes who needed and craved his assistance. To him Henry I. of France owed no less than his Crown, of which an unnatural mother would have de- prived him to set up a younger brother. By him the dis- tressed remains of the Family of Ethelred (who was his uncle by the marriage of Emma his father's sister) were preserved from the fury and cruelty of the Danes, and Edward the Confessor was long kept and entertained at his Court. More than that, the noble Duke at a vast expence raised a powerful army to expel the Usurpers, and restore the injured Family to their inheritance ; but in his passage met with such tempestuous contrary winds, as forced him with his fleet into JERSEY, as Gulielmus Gemmeticensis (*), (23) or as Walsingham and others have it (f), into Guer- nezey ; tho' I rather think into the former, because 'tis added that from thence he afterwards sailed to Mont-Sainct- Michel to which JERSEY is much nearer than Guernezey. Be it one or the other Island, there he was so long de- tained, that the proper season and opportunity for action was lost. Some time after, upon failure of the Danish Line, Edward the Confessor ascended the Throne peaceably, and then requited the Duke's kindness (who was now dead) by raising the hopes of his son, and giving him encourage- ment to look towards the Crown of England. This son was the only one of Robert, and by birth illegitimate, yet (*) Nimia tempestate acti ad Insulam $M. them we find the name of Renaitd de Carteret (*), a Name and Family of great Honour and Antiquity with us in JKKSEV, where it then held, and still holds, the first and chief rank ; nor do I doubt of the said Renaitd being accompanied by some of our bravest Islanders, pursuant to what is observed of multitudes going on that enterprize from almost every part and corner of Christendom (f). The Duke remained about five years abroad, and acquired an immortal Renown by his many Heroic Atchievements. It was indeed the most glorious part of his life. Happy, if he had never looked back towards Europe, and had accepted of the Crown of Jerusalem, which after the taking of that City from the Infidels, was, by the unanimous voice of all the Princes in the Christian Army, tendered to him. But news coming of the death of William Rufus, and of the vacancy, (as was rea- sonably supposed) of the Throne of England, Robert thought it more eligible to go fill that Throne (which now was his by a double right, viz. his birth, and the agreement with Ruftisj and reign over the English and his own Nor- mans, than to take upon him the Government of a newly- erected and yet unsettled Kingdom. How great must his Disappointment be, to find at his return the place already taken, and himself once again supplanted and circumvented by another younger brother ! This was Henry Beau-clerc, third son of the Conqueror, who happening to be in England and present at the death of Rvfus, took the advantage of Robert's absence to step betwixt him and the Crown. For a while these two Rival-Brothers tried their strength one against the other. Valour and Right were on the side of Robert, but those could not stand against the power of English Gold (J), by means whereof Henry was enabled to (*) Calalogae dcs Seigneurs de Normaudic qui furent cu la conqncsle de HuTusaleni soubz Robert Courte-heuse, &c. Du Moulin, Cure dc Mancval. Hist, de Normatid. a la fin du livre. (t) Fuller's Hist, of the Holy War. Book V. Ch. 21, &c. (J^ Anglus in Normanniam trajecit, fratremque in armis occurrenfem, non rirtute riclum, scd quibusdam ex intima familiaritate ANGMCO Autto cormptis prodcitli/iusqiiCf in jiotcslatem rcdigit in perpetuamque conjecit custodiam. Paul. ALmy\. dc rebus ^est. Frauc. Lib. v. in Ludov, vi. Chrou dc Normaud, Ch. liv. HISTORY OF TIIli: ISLAND. 20 carry the war into Normandy, with the resolution not to leave his brother even That, but to strip him of all. By the same means the Fidelity of the Normans was corrupted, and the unfortunate Duke, deserted and betray'd, fell into the hands of the Usurper of his Birth-right, who caused him . to be transported into England, and shut up close prisoner in Cardie-Castle, with his eyes put out. There he languished many years in darkness and misery, till with the extreme indignities his unnatural brother continued even then to throw upon him, his great heart broke. Nor could he obtain so much as a decent Tomb to cover him when dead, that under which he lies in Glocester -Cathedral being only of wood, as Mr. Camden observed in surveying those parts (*). I have been the more particular in my account of this greatly injured Prince, because he was the last of our Dukes. For since him we have had none, but either Kings, in whom the Royal Dignity absorbed the Ducal, or mere titular Dukes, who are of no consideration in this place. I must further do him the justice to add, that notwithstanding his Misfortunes, and the Triumphs of his Brothers, he certainly was, as the eldest, so the worthiest of the three. If e had faults, but they had greater, and he had virtues which they had not. It was their duplicity, and his open and generous heart, that gave them all the advantages which from first to last they gained over him, that lifted them up and cast him dow. I conclude in the words of an ingenious Author (f), That as the noble exploits which he performed in the Holy War may atone for many errors, so they much outweigh, and are better worth than all that his Brothers ever did. And so I pass to HENRY I. From the death of the Conqueror, Robert's Reign over us in these Islands had caused a cessation of our dependance upon, and subjection to English Kings, where- wnto we were now brought back by Henry. But when 'tis (*) Britannia. 2d Edit, in Glocester-shire. pag. 275. (f) Les hauts exploits que fit Robert dans la Terre Saintc, peuvent en quelqne effitcer scs dereglemens passez, et vttlent mieux que tout ce que ses frvres ont sfuit, Masseville Hist.Somni. de Nonaaud- Part, I, pag. 2GO. 21 HISTORY OF THE ISLAND. said that after Henry had overthrown his brother, he did unite (*), or did annex (f), Normandy and these Is- lands to the Kingdom of England, those Learned Men who thus speak cannot be understood to have meant it of a proper incorporating Union, but only of a Conjunction of the two States, England and Normandy, under one Head. For those remained no less distinct than before, and he who was a King in England was truly no more than a Duke in Normandy and in these Islands. But of this only by the way. King Hinry now reigned on both sides of the water, in full possession of all that had been the Conquerors, and no doubt flattered himself with the hope of transmitting the same in as ample a manner to his Son. He had none but him legitimate, therefore to secure a Posterity, of which he was most desirous, he married him young (J), to a daugther of the Earl of Anjou, and withal made him Duke of Nor- mandy. Sometime after the solemnity of the Nuptials, and a Peace made with France, the King attended by the new- married Couple, and a numerous Court, came to Bar- fteur (), in order to embark for England. Every thing hitherto had succeeded prosperously to Henry, but now such a Calamity befel him as was judged to be a stroke of the avenging hand of Heaven, pursuing him for his injustice and cruelty to his brother. This Son and Heir, from whom he looked for a long succession of Kings to enjoy the great Acquisitions he had made, was on the sudden snatched away, by a strange and surprizing Fate, which denied the unhappy Father even the poor satisfaction of gracing his dead Son with a funeral. For the Ship that carried him was lost, and He perished in the waters, never seen or heard of more. With him died two more of the King's children, a (*) When King Henry I. had overthrown his elder Brother Robert, Duke of Normandy, he did UNITE to the Kingdom of England perpetually theDutchy of Normandy, together with theselsles. Coke's lustit. Ch. Ixx, (t) Normanniam et has Insulas Anglise regno AUJUNXIT. Camb. cle Ins ul. Britan. pag. 855. (J) At sixteen Years ofage- () A sea-port Town in Normandy. HtSTORY OF THE ISLAND-. 22 son ami a daughter, besides many persons of the first rank, and of both sexes, mostly the young and gay part of the Court, who had chose to go with the Prince ; in all, with the ship's crew, to the number of near three hundred ; the whole manner and circumstances of which dreadful Ship- wreck may be seen at large in Ordericus Vitalis (*), who- lived at that time, but are too long to be inserted here. I shall only make use of him to correct an error in the First Edition of my Book, relating to this affair. I say there pag. 11, speaking of the Prince and his Com- pany, that they were driven by a storm among these Islands, and were cast away upon Casquet, a dangerous Rock two leagues West of Alderney, where they miserably perished. I quoted in the margin my Authority for mentioning Cas- quet though it seemed hard to me to conceive how they should be carried so far out of the way, while the ship in which the King was held its course with a fair wind to England. I sought whether there might not be another rock of the same name, nearer, and more in the passage, and finding none I acquiesced in the Authority, and set down Casquet as I found it. In Order ic the matter appears very plain. For he tells us that the rock on which they split, covered at high-water, which is not applicable to Casquet ; and what is yet plainer, that the dismal cries and shrieks of those who found themselves perishing were heard from the shore ; moreover, that when the Tyde was down the sunk ship remained dry on the sands, and the treasure that was in it was saved. All this shews that they went not far beyond the Harbour, and were lost on some one or other of those many rocks which lye thick about Barfleur, and make the going in and coming out very perillous, as is observed by the French coasters (f), who must know the same well. The Prince had very imprudently ordered Wine in large quantities to be given to the Seamen, so that they were all drunk when the signal was made for sailing. They let the (*) Eccles. Hist. Lib. xii. (t) Petit Flambeau de la Mer. Ch. i. p. 18. 23 HISTOKY OF THE ISLAND. King go before, boasting that they would soon overtake him, and stirred not till it was dark, whereas they could not have too much light to see their way through so many dangers. The Passengers themselves, if not drunk like the seamen, were intoxicated with something else, for they scoffed and laughed at the Priest and Religious Men who came on board to pray for a Blessing on the Voyage ; inso- much that a few others more serious, disliking such libertine Company, left the ship, went back a-shore, and by so doing had their lives preserved. Walts ingham (*) reports of this Prince, that he had threatened, if ever he reigned over the English, he would make them draw at the plough like oxen ; so early did he betray an hereditary disposition to Tyranny and Cruelty. Whatever power Time might have to moderate Henry' & grief for the loss of his Son, it could not cure his Ambition. That Son being no more, for the sake of whom and of a Posterity he had involved himself in so much Guilt, an opportunity lay now before him to make some atonement, by at least restoring Normandy to his brother, still living and his prisoner. Or if that poor Prince's Blindness ren- dered him unfit to govern, he had a Son capable of it, to whom right might have been done. But Henry would part with nothing. Still desirous of an Heir, he sought to obtain him by a second Marriage ; but in this he was crossed again by Providence ; so that at his Death he left only a legitimate Daughter (f), who carried his great Estates into another Family, viz. the Plantagenets of Anjou, and in him the Male Line of our ancient Norman Dukes was wholly extinguished. Thus was an end put to that Race, when through the Ambition and unnatural Feuds of the Conqueror's Sons, it declined from the Justice, and Mercy, and other Princely Virtues of its first glorious Founders. I have said that Henry left a Daughter, in whom the (*) Hie jactitavrrat, quod si dominium super Anglos aliquando acciperct, eos quasi loves ad aratrumtraherefaceret. Ypodig. Neustriae.ad.au. 112U, pag. 37. (t) Illegitimate Children he had many. HISTORY OF THE ISLAND. 24 Right of Succession lay, being legitimate. But although she lived to see Two V acancies of the Throne due to her Birth, yet through an adverse Fate which seemed to^pursue Ilej/ry's Children, she was kept out of it to the last. She is known in our Histories by the name of the Empress Mathilda, or Maud, and was then Wife of Jeffrey Planta- gcnct, Earl of Anjou ; but had been so before of Henry V. Emperor of Germany, whereby she acquired the Title of Empress, retained by her ever after. He who disputed her the Throne upon the Death of her Father, was STEPHEN, Son of a Daughter of the Conqueror, and so far he prevailed as to get and keep Possession, though with much contention and trouble, till he also died. Then came in her Son HENRY II. by whom she was again excluded, but whe- ther with, or without her consent, is no part of my subject to inquire. This King in extent of Dominion surpassed all his Predecessors. For besides England and Normandy, which came by his Mother, he inherited of his Father the Counties of Anjou, Maine and Touraine ; and by Mar- riage with Eleonor, Heiress of Guyenne (whom Lewis VII. King of France had imprudently put away) that noble Dutchy, with the Earldom of Poictou, and other appurte- nances reaching as far as the Pyrenees, came likewise into his hands : So that he was Master of well-nigh one half of France, and to him the better and more valuable half on account of the easy Communication of those Provinces with England by Sea. In this Reign began the Declension of the Abbey of St. Ilelier in JERSEY, once the Glory of this Island. I men- tioned before how it was founded by a Norman Nobleman, in honour of the Martyr of that name. It stood on the same Plot where now is the Lower Ward of Elizabeth- Castle, and was, if not a magnificent, yet a handsome Fabrick, as one might judge from part of the Church yet in being within my remembrance ; and if there be Truth in the Tradition, that All betwixt the Castle and the Town, which the Sea now overflows, was then rich Meadow -land, 25 HISTORY OF THE ISLAND. the Situation must needs be very delightful (27). It was endowed with a good Revenue, both in the Island and in Normandy. It was filled with Canons Regular of the Order of St. Augmtin, living under a Discipline and Government that gave Reputation to the House (*). Such was the State of it when the Empress Maud, passing from England into Normandy, and meeting with danger at Sea, made a Vow that if it pleased God to deliver her from the Distress she was in, she would build an Abbey in the place where she should come to land, which proved to be Cherbourg. Mind- ful of her Vow she sent for Robert, Abbot of St. Helier in JERSEY, and committed the Work to his Care, as one well versed in such Affairs (f). Thus was the Abbey built, and called de Voto, from the Empress's Vow ; and in reward of his service, Robert was made the first Abbot of it, without relinquishing St. Heller : Yet so that the Two Houses remained distinct and separate, although they had but one and the same Superior. And so far no harm was done us. But it was soon after suggested, that the Endow- ment of the New Abbey fell short of what was requisite to support the Dignity of a Royal Foundation, and therefore the King was moved to have St. Helier laid and annexed to it ; which was done, to the great prejudice and detriment of the Island. For whereas before, the whole Estate of St. Helier, (which says Robertus de Monte (J), was tripliciter ditior, i. e. thrice richer than the other) had used to be consumed and spent within the Island, the same must thence- forth be carried over to Cherbourg, after a small portion reserved for the maintenance of a Prior and a few Canons. And now it must no longer be called the Abbey, but the (*) Pluribus annis Jloruit, et Monastics vitae observantia, et regularis disci- pline exercitioy &c. Neustria Pia in S. Helerio, p. 712. (f) Cum votum suum adimplerc decrevissef, de asdijicando Monasterio juxtd Ceesaris-burgum, accito Roberto Saudi Helerii Cccnobiarcha apud GKRSOY- ANAM Insulam moms agente, Mum illius rei negotium ipsi committit, &c. Id. in Caesar is-bur go, p. 814. (|) Waltherus Rothomagensis Arckiepiscopus impetravit a Domino Henrico Rege Anglorum, tit Abbatia Saucti Helerii, qua: est in Insula GRISOLII (aliter GERSEII) jungeretur Abbatiae de Voto, quae est juxtd Caesaris- burgum Eraf autem tripliciter ilitior, tarn in Normanniu quam in Angliu, quii'ii Abbatia de Voto, c. In appeudicc ad Sigebertum, ad, an. 1 184. HISTORY OF THE ISLAND. 26 Priori/ of St. Helier ; and on that foot of a Priory it stood until the Reign of Henry V. when all Priories Mien were suppressed, both in England and in these Islands (*). By its being thus made a Cell to Cherbourg, it came to be involved in the Fate of those Houses, and fell along with them ; which could not have been, had it remained an independent Abbey as it was at the first. Its Ruin would at least have been protracted to the Times of Henry VIII, which swept away indiscriminately all such Religious Foundations. To finish this account of the Abbey or Priory of St. Helier, all Lands or other Possessions what- soever belonging to it within the Island, were seized into the King's hands, and are at this day part of the Royal Domaine. The Fabrick mouldered away with Time, nothing remaining but the Choir of the Church, which was kept up for a Chapel to the Castle ; and even of That there is not a Stone now left standing, it being demolished to make room for Lodgments, and to enlarge the Parade. To Henry II. succeeded his Son RICHARD I. i. e. the First of the name as King of England, but the Fourth as Duke of Normandy. This is the last of English Kings that held Normandy by an allowed and uncontro verted Right. For though both He and his Predecessors were almost perpetually at war with the French, yet the Dispute was not about the Title to that Dutchy, but about other Matters and Incidents, such as frequently happen and beget differences betwixt neighbouring Powers. All this while Normandy and these Islands were so intimately conjoined, that they made but One. Their Interests, both Civil and Religious, were the same. Families residing in the Islands had Lands and Possessions on the Continent, and so vice versa. Briefly it may be said, that in every thing we were as much Normans as the Normans them- selves. But now the time was come when all these Ties which united us to them and them to us, must be dissolved, and the Islands have nothing more to do with Normandy, unless in the way of Ennemity and Hostility. What (*) See hereafter in the Chapter of Religion. 27 RTSTOUY OF THE ISLAND. gave occasion to so great a Change, and how it was brought about, will appear by what follows (28). King JOHN'S Reign, which comes next, was a long and continued Scene of War, Misery, and confusion. But as I am not writing the History of England, it will be sufficient for my purpose to take notice only of so much as affected these Islands in the course of that unfortunate Administration. Unfortunate indeed to England, which sustained so great losses under it ; but to us of these Islands rather fortunate and happy in the event. For to it we owe our Separation from Normandy, which through the merciful Providence of God has turned to our great Good. That large and once flourishing Province feels now the heavy weight of a French Government, and is known to be the most oppressed of any in that Kingdom. The same would our miserable Fate be at this day, were we still attached to it as heretofore, besides our remaining under the darkness of Popery, a greater Evil even than the other. Our People are very sen- sible how much better their Condition is than that of their Neighbours, and behold them with much Contempt, who perhaps should rather be pitied. I must now observe, that Henry II. had, among other Sons, these Three following, 1. Richard, who succeeded him, as above, and died without lawful Issue. 2. Jeffrey, who died in his Father's life-time, leaving a Son named Arthur, Duke of Bretagne in right of his Mother Constantia, Heiress of that Dutchy. 3. John, Earl of Mortain, in Nor- mandy. Upon Richard's Death, who was killed at the Siege of a Castle in Guyenne, the Succession devolved of right on Arthur, whose Father Jeffrey was prior in Birth to John. But Arthur was a Minor (*), and John despising his Youth set up for himself, and made his way to the Throne. Where- upon the Duke's Mother, in behalf of her Son, sued to Philip Augustus, King of France, for Protection and Suc- cour ; who seemingly entering into so just a Quarrel, fell upon Normandy with all his Forces. But a generous and disinterested assistance of an Ally in distress, never was a (*) About twelve Years of Age, HISTORY OF THE ISLAND'. 28 French Virtue. Philip made it soon appear by his whole Conduct, that he meant only to fish in those troubled Waters, and under colour of supporting the Duke promote his own Affairs ; in plain words, to keep for himself what he could recover from John under the other's Name. But to wave that, Arthur being grown up to an age fit for Action (*), exceedingly beloved, and giving great hopes of him on account of his many excellent Qualities (f), actually invested of the Dutchy of Bretagne by the Demise of his Mother (+), owned and acknowledged for their only rightful Prince by the greater part of the Nobility of those Provinces along the Loire which were the Patrimony of the House of Anjou, began to make a Figure, and to appear in a capacity of freeing himself from Oppression, and asserting his Right: But these fair Beginnings proved illusory, and of short duration. For while he lay too secure at Mirebeau, a strong Place in Poictou which he had lately reduced, King John, by a quick and sudden March out of Normandy, came unexpectedly upon him, retook the Town, and (which was most deplorable) got him, even the unhappy Prince himself; ioto his power. There is no doubt but from that moment the cruel resolution was taken to send him out of the World. But John durst not go about it, whilst his Mother Eleonor, Relict of Henry II, was living (), who could not be pleased with shedding the Blood of her Grandson, though she had been the chief Agent in putting him by from- the Crowns (*) About sixteen. (f) C'eiait un beau fyjeune Prince, et de belle 1 esperance, auqwel on vogoit desja s'espandre la Sentence de Vertu, &c. D'Argentre Hist de Bretagne. Liv. iii. h. Ixxv. fol. 209. verso. (ty Polydor Vergil, and others, speak of her as outliving her Son, and bring her in as a Supplicant to Philip Augustus, for Justice against King John his Murtherer. But D'Argentre best acquainted with the Affairs of Bretagne y is express to the contrary ; and mentions it as a Happiness of the good Lady, that by dying the Year before she was put out of the reach of that cruel Stroke. Son heurfut qiSelle ne vid point fa mart et parricide de sonfils, quifut tue puis son trespa*, la suivante annGe, Ut sup. Ch. Ixxvii. fol, 210. verso. () Some place the Death of Arthur before that of Eleonor, but I chuse to follow the best Historians who relate it otherwise. Joannes, quoad vixit mater Leonora, nihil durius in Arthurum constituit (says Paulus .fEniyliuts) ea pro illo deprecatrice. Vixdum circumacto anno defunctd, adoleseentem necavit) , Lib. Vt. in Phil. A~ug. To the same purpose speaks Mezeray. 29 HISTORY OF THE ISLAND. In the mean time Arthur was laid under safe Custody, in the Castle of Rouen, there to wait his Fate. It was not long e're the old Queen died, and then his Turn quickly came to go after her, but by what kind or manner of Death was variously given out. Sometimes it was said, that he died in his Prison, of mere grief and anguish of Mind ; at other times, that endeavouring to escape by swimming over the Seine, which runs under the Castle-walls, he perished in that River. And no wonder if those and other like Reports were raised, on purpose to divert the attention of Men from the true Author of his Death. Those Writers who most favour King John, are forced to confess that he was dijfamatus (*), to use their own word, i. e. charged by common Fame with the Murther of his Nephew. But D'Argentre is positive in the matter, and roundly calls them Menteurs, i. e. Liars and Sycophants, who went about to clear the guilty King ; and is particularly angry with Matthew Paris, for saying only of the Prince subitd evanuit, i. e. he vanished or disappeared on the sudden, as though he had sunk into the Earth. The Relation which he himself gives is indeed very Tragical. John, saith he, (f), leading his Nephew after him, as a Lamb to the Slaughter, brought him from Rouen to Cherbourg, for more privacy and better opportunities to dispatch him. There one day, late in the evening, followed only by a few, he got on horseback, making the Prince ride before him, then leaving his Atten- dants behind, he went on along the Coast, till he had found a place fit for his purpose, which was a high Cliff hanging (*) Erat Arthurus Britonutn Comes, quern Johannes Angl us cum ccepisset, eum occidisse DIFFAMATUS est. Gaguin. de Franc, gost. Lib. V. in Philippo Aug, Arthurus Rothomagi morilur, de cujus morte Regem Johaunciu quidam ejusaimuli INFAMA VERUNT. Walsinj. Ypod. Neustria>,p. 51. (f) Le Due Arthur estant prisonnier de Jean Sans-terre, il le Jit transporter dc Falaize a Rouen, delibere de s'en depescher, comme ilfat, le menant par tout ou il alloit, comme Taigneau a l~ la rive, jusques a ce qu'il eu.it choisi un endroit d'un liaut rochf.r regardant sur la mer ; ap- prochant lequel il dnna un coup d'esperon a son Cheval, et d'un coup d*estocperca le Corps du Due Artur, criant mercy ; puts Vayant jcttf par terre, le tira par un pieri, et lejetta du haul du rocher en la mer t demi mort } ny ne peut le Corps cstre retrouve". Ut sup. Ch. Ixxv. fol. 209. HISTORY OF THE ISLAND. 30 over the Sea. Being got there with the Prince, he spurred his Horse up to him, and with his Sword ran him through the Body, the poor Prince crying in vain for Mercy. That done, he pulled him to the ground, and dragging him by the feet to the brink of the Precipice, flung him to the bottom in the Water, not being yet quite dead, nor was the Body ever seen afterwards. On the Authority of so grave an Historian, I venture to speak more affirmatively now, and with greater assurance, concerning this most wicked Fact, than I did in the first Edition of my Book, where I left it as doubtful and uncertain. Having moreover been twice at Cherbourg, and retaining still a remembrance of the Coast and Cliffs about it, every thing there appears to me to agree with his Narration. When the News came into Bretagne of the Death of their young Duke, and by what hand the barbarous Deed was committed, Horror and Indignation filled every Breast (*). A general Assembly was called to meet at Vennes, where they unanimously joined in an earnest Petition to Philip Augustus to do Justice upon the Murtherer, who (they said) was accountable to him as his Vassal and Feudatory. Those of Anjou, Poictou, &c. came in also with the like Addresses. This was exactly what Philip wanted, and encouraged under hand. For as it flattered his Pride to have a King of England cited to stand at his Bar under the ignominious circumstances of a Criminal, so he well under- stood how great a gainer he should be by all those vast Forfeitures which John's Condemnation would bring in to him. Nor was he in pain about the event of a War, by reason that to pursue so foul a Murther with just and de- served Vengeance, would not look like other Wars kindled by Ambition, but rather like a sort of Holy War, which ail Men would favour and wish well to. And though in all this afiair, he acted only out of private and selfish Views of his own, he knew how to conceal those under the specious shew of doing right to the injured. Not to say that Kings, for the most part, so they obtain their Ends, seldom trouble (*) D'Argentre ut sup. Ch. Jxxviii. fo], 211. 31 HISTORY OF THE ISLAND. themselves with what the World thinks of them and their Actions. And now the Prosecution went on with all the Formalities of a legal Trial (*). Thrice John was sum- moned to appear personally before Philip in his High Court of Parliament, and" there answer to the Charge of Felony exhibited against him ; to which refusing to submit, as unsafe for his Person, and injurious to his Kingly dignity, Judgment passed upon him for Contumacy and Parricide; and all his great Estates in France were ordered to be seized and reunited to that Crown, as being forfeited by his At- tainder. Philip, at the same time, was prayed to execute the Sentence (f), which he no doubt was very ready to do: How far this proceeding was according to Justice, is not for me to determine. I consider it only as it is Fact, and now- pass to relate what followed upon it. Philip had nothing so much at heart as to recover Nbr- mandy, which, ever since it had been alienated, had given more trouble and uneasiness to France, than all her other Neighbours together. He resolved therefore to begin the attack, and bend his greatest efforts, on that side. And here we have in King John a famous instance, how wretch- edly weak a Prince is who has lost his best support, the Love of his People. The Normans had not yet degenerated from their ancient Valour. None were better trained up in Arms, through an almost continual use of them against the French. They hated that Nation as their old Enemies, with whom they had had many bloody Encounters during the run of several Hundreds of Years. Notwithstanding all which, they now suffered themselves to be made an easy Conquest (*) fiouchet Annalcs d'Aquitaine, Part III. Ch. vi. p. 161. (}) Of which Paulus JEmylius gives this extract. Anglus injldelitati$ scele- risque damnatur, quod immemor Sacramenti Francis dicti, filium majoris fratris, benejteiarium Francorum, in fnibus qui juris Francorum essent, neque legibus qvaestione babitd, neque cognoscentibus Us quorum hae paries forent, patruus occi- disset. Hostis igltur Francorum judicatur ; constitutumque eum videri excidisse jure Urbiumfiniumque quos beneficii nomine a Francis accepisset ; eaqtie omniu in pristinnm causam restituta, et ad jus solidum Regis revertisse ; in eorumque pos- yessionem, ti yww probibeat, armis eundum, Ut sup. IKSTORY OF THE ISLAND. 32 ty PJuiip (*), in pure disaffection to John. Some Towns stood out awhile, and Rouen the longest ; but others opened their gates voluntarily, and received a King of France, that is to say, an Enemy, within their Walls, with acclamations of joy, as their Protector and Deliverer. So strange and so sudden a turn in the minds of a People, could proceed only from that general detestation and abhorrence which John's unnatural Crime had drawn upon him. But perhaps after all, the Normans had done more wisely, to have considered that John was not immortal ; and in the mean time to have at al? events adhered to him, how unde- serving soever, in order to maintain their ancient Liberties and Government ; rather than submit to a Power, which, to prevent all future molestation from them, would be sure to keep them low, and break their Spirits with Oppression, as in fact it has happened. Thus was Normandy lost to England, one hundred thirty seven Years after William the Conqueror had brought them Two to be under One Head, and was made again a Province to France, three hundred and twelve Years after it had been erected into a separate State in favour of Rollo and his Successors ; and all this done with fewer difficulties, and in less time, than Philip himself, however sanguine in his hopes, could reasonably have expected. Who now would imagine that the French should meet with greater Opposition in these Islands, upon which they fell next, than they had found on the Continent ? For what were we, in comparison of a noble Province, full of strong Castles, and well-fenced Cities, each of which might have stopped a Royal Army many months, as several of them had actually done in former Wars ? Is it, that we were a braver People than our Fellow -Normans 9 We cannot say that without rendering ourselves ridiculous, neither would it be true. For it was not for want of Courage and Bravery, as was hinted before, that the Normans made no better Re- (*) Normauui a fidelitate Regis desciscentes, Regisque Francorum favorem quaerentes, Civitates et Centra commissa suae custodiae, sine ulla resistentia red- diderunt, &c. Walsingh. Ypod. Neust. p. 52. Masseville Hist. Somm. de Part. II. p.!27.fcc. 33 HISTORY OF THE ISLAND. sistance, but out of Aversion to the Person of their King (*). What was it then, that kept our People from being carried along with the Stream, and following others in so general a Defection ? That which most readily occurs is this, viz. that using the Sea more than the other Normans on the Conti- nent, and making frequent Voyages to England (where- ever since Duke William's Conquest of that Kingdom, the Ports had at all times been free and open to them) they became better acquainted with the English, and by much and long intercourse had contracted a strong liking and in- clination to them and their Manners ; so that when things came to that pass, that they must absolutely declare them- selves French or English, they preferred the latter as the more eligible Condition. But still it will be asked, what prospect ? what probable hope had they, or could they have, of being able to withstand a Power so vastly superior to them ? Did they think they were a Match for France ? Would not a rash and fruitless Opposition serve only to aggravate their Misfortunes ? There is no answering these and other like Questions, but by resolving All into a kind and favourable Providence, which graciously intending to preserve these Islands, both then and in after-time, from Slavery and Superstition, inspired our People with the bold Resolution of manfully defending themselves, and was pleased to bless that Resolution with success. So long as these Islands remained under the Covert and Shelter of Normandy, they seem to have stood in no great need of Fortifications, unless perhaps against the Bretons with whom the Normans had frequent Contests. But the great superiority of These made Those less feared. And as to any danger from the Wars with France, there could be little, or none, the Scene of those Wars being mostly in the Upper Normandy (f), and upon the Frontier, and consequently distant from us. The French could not (*) Odiis hom'mum, armisque August!, Joannes iwipar &c. Panl. ^Emyl. ut sup- (f) Normandy is divided into the Upper and Lower, $ach sub-divided into seve- ral Bayliwicks. Rotten is the Head of the former, as likewise of the whole Dutchy; Caen, oft he latter. The Islands are on the Coast of the Lower- Normandy. HISTORY OP THE ISLAND. 34 come at us but by first taking in the Lower-Normandy, and advancing their Conquests to the Sea-coast, as they now did. Not that the Islands were wholly naked and defenceless, it being certain that in JERSEY Gouray-Castle (for example) since called Mbnt-Orgueil, was already then, and had been long before a considerable Fortress ; to say nothing of Grosnez Castle, which also was a place of strength, and so possibly were some Others. But sure it is, that the Ports and Landing-places had been left too much exposed to Descents, which gave opportunity to the French to gain entrance into the Islands. Nevertheless, though they so far prevailed at that time, they could not keep their ground. They were beaten out again, and forced to retire with loss. They came a second time, yet neither then could they main- tain themselves against a People resolved to perish rather than fall under their Power. At the Pleas holden before the Itenerant Judges sent to JERSEY in Edward the Second's Reign, it was set forth by William Demareys (*), the King's Advocate, That a certain King of France (meaning Philip Augustus) had disinherited John, King of England, of the Dutchy of Normandy, and had also twice ejected him out of these Islands, &c. l But that the said King John had twice re-conquered the said Islands, &c (f). This was spoken after the usual manner of complimenting Princes, to whom Victories and Successes are ascribed in which they seldom have any personal share. For it was not until the Islands had made that Brave Stand now mentioned that King John exerted himself in their behalf, and then indeed he did it warmly and vigorously. No sooner was he apprized of the hazard they ran of being overpowered, and born down (*) Otherwise written Dumaresq, in Latin De Maresco. TM one of the besf t ancientest, and most numerous "Families in the Island ; and I think myself much honoured in the Relation I have to it by my deceased Mother. (f) Rot. Placit.coram Johanne de Fressingfield, l$c. Justiciar. Itiner. in Insul. An. 2. Ed,2.Gulielmus Demareys qui sequitur pro Domino Rege,allegat quod quidam Rex Franciae exhereffitavit Dominum Johatmem Regem Anglije de Ducatu Normanniae ; $ tune idem Rex Franciae per duas vices ejecerat pretdic- tum Dominum Johantiem Regem, &c. de his Insults, & illas occupaverat tanqudm annexas prxdicto Ducatui ; fypradictus Dominus Johannes Rex vi armatd per binas vices reconquestavit has Insnlas super ipsum Regem Franciae ; d secundo Coayuesto suo, ipie fy posteri sui Reges Auglia- Insulas istastenuerunt hucusque, &c. K 35 HISTORY OF THE ISLAND, at last, should the French return with a greater Force, but he, not thinking it enough to send over the necessary succours, hastened himself in person to animate the People, and keep up their Courage by his presence among them. Wherein he behaved so differently from the rest of his Conduct at that memorable Juncture, that 'tis matter of just Astonishment. For all Writers take notice of his prodigious and almost incredible Indolence under all his great Losses. Whilst hardly a day passed without bringing him intelligence of some of his Castles or Towns taken by Philip he stood like one in a Lithargy, stirring neither hand nor foot, unmoved and unconcerned at all that happened. Neither the Reproaches and Upbraidings of the English, nor the loud Calls and Cries of those Normans who yet stuck to him, could awake him out of his Insensibility, and put him upon Action. Let the Fate of Rouen be brought in for instance. That great and populous City, by having been the Court and Residence of the Norman Dukes, had acquired the Dignity of a Capital, from which it must look to be degraded by returning under the French. That, with other reasons, made it retain an inclination for John and resolve to abide a Seige, in hope of relief from him in case of need. But when the Town, reduced to extremity, sent to him for Assistance, the Deputies could hardly obtain a hearing, and then were dismissed with this short answer, That he could not help them, and they must shift for themselves as well as they could (*). They found him playing at Chess, intent only on his Pleasures and Diversions, and at their return made such a report of his Neglect and Supiness, that the Town immediately capitulated. Now, is it not wonderful, that this very same Prince should on the sudden rouze himself up, shake off his Sloth, and fly to the Aid of a few small Islands, who till then had looked on the loss of whole Provinces with the greatest coldness and indiffe- rence ? He might indeed have some kindness for these Islands, as they had been part of his Appanage before he (*) Chron. de Norm.Ch. Ivii. Masseville Hist. Somm, Part. II. p. 133. Vid. Gaguin. Lib. VI. in Philippo Aug. Polyd. Vergil, Lib. XV. in Joanne- HISTORY OP THE ISLAND. 36 was King. For as such they were given him by his Brother and Predecessor Richard I. with other Lands in England and Normandy. But surely that could not work him up to such a pitch of zeal and concern for us, which was like putting Life into a dead Man. And what then must we think of this ? How shall we account for it ? It can be done no otherwise but by recurring again to a special Providence that watched for the Safety of these Islands, and considering John only as the Minister of that Provi- dence. Had he acted of himself all the Rules of Human Prudence would have led him to neglect us, that he might attend tb other Parts, which wanted him no less, and were of far greater Moment to him than we. For tho' we would not be thought so inconsiderable as to deserve na regard to be had to us, we have not the Presumption to fancy ourselves of equal importance with Dominions and Territories like those which this unhappy Prince so meanly suffered to be torn and wrested from him. Therefore I conclude- that it was purely for our sakes, and for our Preservation, that such a Spirit was put into him ; and am bold to say, that few Places have been so evidently the Care of Heaven as these Islands. What I chiefly aim at in dwelling and insisting so much on this, is to stir up in the present Inhabitants of these Islands^ my loving Countrymen, a just and grateful Sense of so visible a Protection from above ; and remind them of taking care that they render not themselves unworthy of the conti- nuance of it, by indulging Sins and Vices which provoke God to forsake a People. 'Tis true, that the great Deliverance in this Reign was wrought for our Fathers more than 500 Years ago ; but 'tis no less true, that the same Deliverance, in the issue and consequences of it, reaches down to us also, their late and distant Posterity ; with the farther addition of a Blessing which they had not the happiness to enjoy, viz. the Profession of the True Religion. For those our Fathers lived before the Days of the Reformation, and all they could in their time, and in their Circumstances, be concerned to struggle and contend for, was only the Maintenance, of 37 I-IISTOHY OF THE ISLAND. their Temporal Rights and Liberties. They and the French had the same Religion and Worship. So that, upon supposition of their having been given up into the hands of the Latter, they would in that respect have been in no worse condition than they were before. But then, upon the same supposition, what must have become of us their Children ? 'Tis plain that all the Inheritance they could have left us, must have been Popery, and Wooden Shoes, the wretched Lot and Portion of our Neighbour -Normans in their present State under the French. To return to King John, whom we have left in the Islands, he could not but be much pleased with a People that had behaved so well, and accordingly was very liberal of his favours to them (29). He visited the Islands with great care, viewed those weaker Places which had let in the French, and caused the same to be fortified. He appointed proper Officers, under the Name of Wardens, or Keepers, to have a watchful eye over the Ports and Harbours (*), so that none suspected to come with an hostile intention might be suffered to land. And having provided for the Military Defence, he next took into consideration the Civil State of the Islands. He set us free from all Foreign, Dependances, and settled us upon our own Bottom. Matters that in the last resort used to be carried to the Duke's Eschiquier (f), in Normandy, he drew to himself and his Council in England. All others he left to be determined within our ownselves, by a Royal Court which he instituted in each of the two Principal Islands, JERSEY, and Guernezey (+), He gave us a Body of Constitutions, which have been the Foundation of all our Franchises and Immunities to this (*) Statutum est pro tuitione 8; salvatione Insularum $ Cfistrorum, $ maxime quia Insular prope sunt as was said before, commanded in these Parts. Whilst that Prince lay about Coutance, in full sight of JERSEY, 'tis scarce conceivable but that either Curiosity would move him, or the very Service he was upon would oblige him, to make a trip hither; which, both in his coming and return, needed not take up above eight and forty hours at most. And being here, and seeing a Castle that made so stately a Figure, and had of late gained a great reputation by the repulse it had given to the Constable of France, it was very natural for him to think it deserved a more Honourable Name than That which it borrowed from a mean though antient Village. After that, when the same Prince came to make a report of his Expe- dition to the King his Brother, he could not fail acquainting him with what he had observed concerning this Castle ; nor could the King thereupon do less than order it to be well looked to, and to have all that further done to it which might add to its Security and Ornament (*). D'Argentre takes notice of the English being so very jealous of this Castle, that no Frenchman was suffered to come within the Gate, without being first blind-folded (f). Notwithstanding all this Caution, and the intrinsick Strength of the Place, a way was made for the French, to get into it, and seize upon it, in the latter end of the weak Reign of HENRY VI. which happened in this manner. During the Contest betwixt that unfortunate Prince and Edward IV. for the Crown, Queen Margaret, Wife of Henry, went into France to crave Succour of Lewis XI. who then reigned. She herself was a French Woman, daughter of the Duke of Anjou, and nearly related to Lewis. But that wary and 'politick King would not be seen openly to con- cern himself in her Affairs, for fear of renewing the War with England, which his father Charles VII. had not long before terminated by the total Expulsion of the English (*) Ad Orientale latus qna ConstantiamUrbem ex adverse prospectat, prse- ruptse rupi Castrum affigitur munilissimum, elato nomine Mont Orgueil, quod urimum, Henrico V. instauratori debet. Cambden de Insul. Britan.p, 854. (f) Hist, de Bretagne, Liv. vii. Ch. xv. fol. 427. 85 HISTORY OF THE ISLAND: out of France (*). However underhand he connived at her transacting with a great Lord of Normandy (f), named Peter de Breze, Count de Maulevrier (J), to this Effect ; That in consideration of the Aid and Assistance he should bring to King Hen ry her Husband, these Islands should be made over to him and his Heirs for ever, to hold them inde- pendently from the Crown of England. Being one who had eminently distinguished himself in the War against the English, and acquired a great Name among the Soldiery, he soon got together a Body of two thousand Veterans, whom he took with him into England, and there did as much Service as could be done in support of a declining and sinking Cause (). In the mean time, to make sure of his Reward (vastly exceeding and disproportionate to any service he could do) he sent one Surdeval, a Norman Gen- tleman likewise, with a competent Force, to take possession of Mont- Or gueil- Castle ; which the English Commander, who was of the Lancastrian Faction., and a Creature of the Queen, had secret Orders to deliver up (38). It was con- trived amongst them that the French should come in the Night, and the Commander be taken in his bed, to the end the thing might pass in the World for a Surprize (from which the strongest Places have not always been exempted) rather than a premeditated and concerned Treachery. The Count having done with England, came in person to JERSEY, and began to exert his Authority there ; styling himself in all public Acts set forth in his name, " Peter de Breze, Count " de Maulevrier, &c., Lord of the Islands of JERSEY, " Guernesey, Alderney, and the others adjoining, Counsel- " lor and Chamberlain of our Sovereign Lord the King of " France (||) (39) ;" Whereby, as he proclaimed his own (*) How much Lewis dreaded their return, and how artfully he sent back Edward IV. without doing any thing, when the latter was actually passed over with a good Army to pursue the old Quarrel, may be seen at large in the Memoirs of his celebrated Historian Philip de Commines, Liv. iv. Ch. v. &c. (f) Grand Sene'chal de Normandie. (J) Et de la Varenne. Masseville Part. IV. aiix Remarques. pag. 412. () Chron. de Moustrelet. Vol. Ill, fol. 95. Verso. Masseville, Part. IV. Liv. xiv. p. 257. (||) Chrouique MSS, de L'lslc de Jersey. Ch, y HISTORY OF THE ISLAND. 50 Dependence on the said King of France, so he plainly gave the Inhabitants to understand, that they likewise must thenceforth look upon themselves as Servants and Subjects to the same Master. At this they were enraged. To be thus betrayed and sold to the French, seemed more intolle- rable to them than to have been conquered with the Sword. The Count did all he could to sooth their discontents, but in vain. All his Premisses of gentle Usage, and of a gra- cious Government, if they would own him, and transfer their Allegiance to France, made no impression upon them. So that in about six Years time, he could not bring under his Obedience above half, i. e. six Parishes, of the Island ; the other half, headed and influenced by Philip de Carteret, Seigneur de St.-Oiten, standing out in Defiance of him. The Island is extended in Length from East to West, and had then at each extremity a Castle, Mont- Orgueil on the East, and Grosnez (*) on the West. This last Philip de Carteret took care to secure, as a Place of Defence and Safety for himself and those who with him adhered to England, whilst Mont- Orgueil was held by the Count with his Frenchmen and Normans, and betwixt these two Parties there happened (Battles I cannot say, but) frequent Rencounters and Skirmishes, Even those six Parishes which obeyed the Count, were not better affected to him than the rest : but lying nearest to Mont- Orgueil- Castle, they were forced to submit, for fear of Military Executions. In this state things remained until the quiet Possession of the Throne by EDWARD IV. For then Sir Richard Harliston, Vice- admiral of England, coming to Guernesey with a Squadron of the King's Ships, Philip de Carteret let him know what a hard Struggle he had to keep the Island from being quite over-run by the French. The Admiral thereupon, leaving his Ships in Guernesey -Road, hastened privately to him at his Mannor of St. Ouen in JERSEY ; and there they two entered into a Consultation about the properest Means to (*) Of this very ancient Castle nothing- remains but the Foundations of some of the walls. 57 mSTOKY OF THE ISLAND. recover the Castle. The result was, to go about it instantly, before the French knew of an English Fleet so near them. Now they lay confident and secure, but if alarmed with the Apprehension of a Siege, they would provide against it, compel the Country to store and victual them, and give notice to their Friends in Normandy of the Danger threat- ning them. To think of carrying the Castle by Force, would be Rashness and Folly. What only could be done with any probability of Success, was, by a close Blockade, to reduce those within to such Straits and Necessities, as should make them even glad to be suffered to depart with their Lives ; and for effecting this, the utmost Speed and Secrecy were requisite. Accordingly never was a Design of this Nature more prudently and happily conducted. The Word being given by Philip de Carteret, went in a moment through the Island, passing from hand to hand, and in the Beginning of the appointed Night the People took to their Arms, and marched in great Silence to invest the Castle. At the same time the Fleet weighed anchor, and sailed from Guernezey : so that in the Morning the French, to their great Surprize and Amazement, saw themselves surrounded and shut in both by Sea and Land. Albeit it had not been judged proper to make any forcible Attack upon the Castle, yet there was a good deal of Action, and it cost the Lives of diverse of the Inhabitants in defending their Lines, and repelling the Sallies of the Besieged ; and the Seigneur de Rosel is particularly numbered among the Slain on one of those Occasions. All the while the French were contriving how to get Aid from Normandy, which they knew would not fail them, so they could but find means to make their Condition known there. At length they imagined that possibly a Boat might pass undiscovered through the Fleet, under favour of the Night ; and it being the last and only Shift left them, they resolved to put it to the trial. Though they needed but one Boat, they caused two to be built ; one openly upon the Rampart, in View of the Besiegers ; the other near the for- mer, but hid, and out of Sight. The Workmen were HISTORY OF THE ISLAND. 58 ordered so to time their Blows and strike evenly together upon the two Boats, that from the Camp without no Sound might be heard but what would be supposed to come from the Boat on the Rampart. By this Device, that which lay out of Sight was finished, while the Workmen were still seen busy about the other. Our People were not ignorant what use the Boat was intended for, but having no Suspicion of any other besides that which they had in View, the pretty Wile might have succeeded, if an Islander (whom the French had constrained against his Will to take Pay with them) had not shot an Arrow with a Letter tied to it into the Leaguer which laid open the Stratagem ; advising withal, that the next Night the finished Boat would be let down the Walls and sent to Sea. Of this, information was immediately given to the Fleet, which kept a strict Watch, and the Boat was intercepted. And so the French seeing all hopes of Relief cut off from them, and themselves brought, into the extremest Distress and Want of all Things, beat a Parley and surrendered. Which good News, when signified to the Country by setting up again the Standard of England upon the Castle, it diffused such an Universal Joy among the People as is not to be expressed. The Islanders gained much Honour by this Siege, and had thereupon a New Charter granted them, with special Acknowledgment of their good Service, and the same has ever since been inserted and repeated in all our Charters to this Day, in perpetuam rei memorian (40). Sir Richard Harliston was recompensed with the Government of the Island. But what Reward was conferred on Philip de Carteret, who had been the very Life and Soul of the Under- taking (41), I cannot find. However, he could not miss That which always attends the doing of brave and worthy Actions. I mean, the public Esteem, and the inward Satis- faction of having faithfully and honourably acquitted himself to his King and to his Country, following therein the Ex- ample of his Ancestors. It has escaped me to observe in its proper Place, that the Count, our pretended Lord, had left the Island before the Siege, and was not long afte* killed at N 59 HISTORY OF THE ISLAND. Montlelery, fighting for his Master Lewis XI, against the Count de Charolois, afterwards Duke of Burgundy (*). It was ever Lest with us when the French had other more important Work to employ their Hands, and 'tis to their aspiring after greater Conquest that we owe those quieter Times which we are now entering upon ; Times that take up the whole Space betwixt our two Edwards IV. and VI. So that nothing of moment, concerning the French, and us of these Islands, occurring under the Intermediate Reigns, I might very well pass those Reigns over, were it not that the Method in which I have begun requires to have the Line and Succession of our Kings continued unbroken. France being delivered from the English, the Crown reinstated in the Possession of the Alienated Provinces, the Royal Power advanced to a greater height than before (f), those Prosperities put Charles VIII. and his Successors upon enlarging their Views of Empire. The Kingdom, though so much increased by the Losses of England, and by other Accessions, was now too little for them. They must pass the Alps, and extend their Dominion into Italy, by the Conquests of Naples and Milan. No wonder if being en- gaged in such an Enterprize, and pursuing it obstinately by a War of more than forty Years, attended with a great Variety of Events, no wonder, I say, if their Thoughts were taken off from these Islands, and they left us at rest, whilst they carried Fire and Sword into other Parts of the World. Coincident with that long War were the following Reigns of EDWARD V, an innocent young Prince, soon made away by his unnatural Uncle RICHARD III, whose wicked Usurpation can only enter- tain us with ghastly Spectacles of Tyranny, Cruelty, and Murther ; from which turning away (*) Chron. de Monstrelet. Vol. III. fol. 116. Memoires de Conuuincs Liv. I. Ch. iii- (f) Lewis XI. Father of Charles VIII. laid the Foundation of that more ab- solute and despotick Sway, which has ever since been exercised by the Kings of France. Historians express it by saying, quMl avoit mis les Rois hors de page. Mezeray Abr, au regne de Louis XI. HISTORY OF THE ISLAND. 60 HENRY VII offers himself next to us, a better Man, and a special Favourer of these Islands. Whilst he was only Earl of Richmond, and fled from his Enemies of the House of York, who sought his Life, whether designedly, or driven by contrary Winds, he landed in JERSEY, and here lay concealed till he got a Passage into Bretagne. Being a wise Prince, he observed some Defects in the Government and public Administration amongst us, which he took care to amend when he came to the Crown. And as King John had given us Constitutions, so he gave us Ordinances, in xxxiii. Articles, to be Laws to us, as they are to this Day, except where Time or subsequent Regulations from the Council-Board have introduced some change into them. I say no more of them here, because they will be mentioned again hereafter. The last Reign which coincides with the French War, in Italy, is that of HENRY VIII. a Reign remarkably checquered with Good and Evil, of both which we had our share in common with the rest of our fellow Subjects. Our JERSEY- Chronicler has preserved the Memory of some Things under this Reign, fit enough to be remembered among ourselves but of too private a nature to fall properly within the Plan of this History. They mostly relate to the haughty and arbitrary Conduct of some of our Governors, who set up for petty Tyrants, not only injuring particular Persons, but insulting the Magistracy, and obstructing the public Proceedings of Justice (42). Such an one, and most notorious, was Sir Hugh Vaughan, screened and upheld by Cardinal Wolsey, then High Chancellor and prime Minister of England, to whom by large Bribes (*) he had found means to recommend himself. So great a Patronage did not however deter Heller de Carteret, Seigneur de Handois, and Bailif of the Island, from carrying the complaints of the Country with his own up to Court, and there in the very Face of the Cardinal, calling so loud for Justice, that at last he obtained (*) At one time, a Bark of sixty Tuns laden with the choicest Gascoigne Wines, and Bales of Linnen Cloth of the Manufacture o/Normandy, with Plate &c. all together ton great Value. Chron. MSS. de JERSEY. Ch. xix. 61 HISTORY OF THE ISLAND. it, and the insolent Governor was removed. This Heller de Carferet, for Love to his Country, Fortitude, and other laudable Accomplishments, shines very bright in our Annals. He was Brother to the Seigneur de Sf. Ouen, and so of a House fruitful in Patriots. But I forbear entering farther into these Matters, as being beside my Purpose ; although perhaps it was not amiss to shew (at least in one Instance) how that 'tis not only from Enemies without that we have met with Trouble, but sometimes also from those within whose Business and Duty it was to protect and defend us. A<\ hich I doubt not is often the Case of other Governments remote and at a Distance from the Sovereign. To proceed in our Narration ; The French, after a long alternate course of Victories and Defeats, of Gains and Losses in Italy, were grown weary of the War, and had repassed the Mountains. And then they were at leisure again to think of us, and to renew their Efforts against us. Which they soon did on occasion of a Rupture betwixt their Henry II. and our EDWARD VI. The first thing they went upon, was the seizing on the little Island of Sark, wherein they found no difficulty, it having been for some time uninhabited. And there they immediately set themselves to raise Forts, and make Settlements. This was a new Scheme which they had laid for subduing of us, viz. by continual Alarms and Incursions from that Island now in their Power, so to vex, harrass, and distress the others (in the middle and center of which it is seated, therefore very commodious for that purpose) that they, being quite tired out and spent with suffering, might at length for very quietness-sake be brought to Submission. And it must be owned, that could the French have kept their Footing there, they would have done us Mischief enough. But this fine Scheme, how con- fidently soever depended on by them, quickly vanished into Smoke, as will appear by the Sequel. Having thus secured the said Island, and left four hundred Men in it for a Guard, they went in the Night to Guernezey, to which they had but two Hours sailing, and set upon a Fleet of English HISTORY OF THE ISLAND. 62 Ships lying at anchor in the Road before the Town. Many of the Captains and Officers happened to be 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 Cannon, and help coming to the Ships, the Fight was maintained, and the Enemies repulsed. Hoping for better Success in JERSEY, they next bent their Course thither, and anchored in Boulay-Bay, in the North of the Island, where also they landed. The Landing-place is a hollow Bottom, encompass'd with high Cliffs and Hills, on which our People posting themselves, so galled and annoyed them who stood drawn up below, that they kept them from advancing farther into the Island ; and then coming to a closer Engagement with them, drove them back to their Ships, killing many in the Pursuit. The Action was warm, consequently not without some Loss on our Side. The Sr. de la Roque, one of the Justices of the Royal Court, had an Arm cut off, of which he died a few days after (43). But what's most remarkable, is, That among the Slain was found a Popish Priest of this Island (*), whose Love to the English Government, and to the Liberties of his Country, so prevailed above the Discontents which the Change of Religion in this Reign wrought on Men of his Order, that it set him on to appear that Day in the foremost Ranks. An example to be recommended to those of that Persuasion in England, who out of an unreasonable aversion to the Present Establishment (f), would bring in the French, and subject their native Land to a Foreign Power. This to the French proved one of the unhappiest Attempts they ever made on these Islands. At their going into St. Malo to refit, no fewer than threescore dead Bodies of Gen- tlemen, out of one single Ship, were brought ashore to be buried. In the whole, their loss was computed at a Thou- sand Men. And the King of France himself was so much (*) Chron. MSS. de JERSEY. Ch. xxv. (t) Viz. of King William and Queen Mary on the Throne, not long after which this was written. 63 HISTORY OF THE ISLAND. out of Countenance at the Disappointment, that he forbad all speaking about it (*). Q. MARY'S Reign has been thought inglorious for the loss of Calais, taken by the French after the English had possessed it above two hundred years. It was nevertheless in the time and under the auspices of this Queen, that the same Island of Sark spoken of above, was re-taken from the French .; though indeed it cannot be said that the re- gaining of so small an Island countervails the Loss of a Town, which, on the side of England, was the Key of France. The French Colony in that Island was grown very thin, their broken Measures causing many of them to desert, and re- turn 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 inaccessible on all sides, and the Steps leading up so steep and narrow, that one Man armed only with Stones might have kept out a Thousand. This Island notwithstanding was taken by a Company of Flemings, Subjects of King Philip (Husband of Queen Mary, who coming in the Night to one of those Paths, and finding it unguarded, went up without Resistance, and took the French Prisoners. This is the Account which our own Historian gives of that Surprize (f). But Sir Walter Ralegh, who was some time Governor of JERSEY, and informed himself with great Care of all the Singularities of these Islands, gives a different Relation of it. For he says it was taken by a Stratagem, which for Contrivance and Success he pre- fers to many of the Ancients. The Island of Sark, says he, (J) joining to Guernzey, and of that Government, was in Queen Mary's time (he should have said in King Edward the Vlth's time) surprized by the French, and could never have been recovered again btj strong hand, ha- ving Cattle and Corn enough upon the Place to feed so (*) HolHngrshead Chron. ad. an. 1549. pag. 105&. Sir John Hay ward's Life ofEdw. VI. iu the Compl. Hist. Vol. Il.pag. 300. (t) Chron. MSS. de JERSEY. Ch.xxxiv. (J) Hist, of the World, Part I. Book IV, Ch. xi. . 18, HISTORY OP THE ISLAND. 64 many Men as loill 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 Nether- lands, 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 halloived Ground, and in the Chapel of that Isle ; offering a Present to the French of such Commodi- ties as they had aboard. Whereto (with Condition that they should not come ashore with any Weapon, not so much as with a Knife J, the French yielded. Then did the Fle- mings put a Coffin into their Boat, not filled with a Dead Carcass, but with Swords, Targets and Harquebuzes. The French received them at their Landing, and searching every of them so narrowly as they could not hide a Penknife, gave them leave to draw their Coffin up the Rocks with great difficulty. Some part of the French took the Flemish Boat, and rowed aboard their Ship to fetch the Commodities promised, and what else they pleased, but being entered, they were taken and bound. The Flemings on the Land, when they had carried their Coffin into the 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 Suc- cour. But finding the Boat charged with Flemings, yielded themselves and the Place. I have seen Memoirs which confirm the taking of this Island by such a Stratagem ; but the other Circumstances of Time and Persons do not agree with the foregoing Story. (*) Queen ELIZABETH had scarce any War with France all the time of her happy Reign. In compassion indeed to the (*) Sarcenses Insu.lani, prsedae avidi, adulteriis pharis & ignibus Nautas & Mercatores nocta ad Daufragium impellebant, ut eis jactura commodo cede- ret ; quod cum aliis, Riensibus quibusdam dnglis & Winchelsensibus factum est ; undi' eoinmoti ipsi, cum non possent palurn ulcisci iujuriam, hanc dolo rem aggressi sunt. Fiuxerunt mortuum dominum navis, rogant Insulauos utliceat eis in suoSacellosepelire ; concesseruut, ea taincii lege ut comita- rcntur corpus inermes. Rienses igitur pheretrum implerunt armis & ensibus, pro mortuoefferunt, Insulam & Sacellum sunt ingressi, pheretrum aperinnt, incautos Sarcen.?e* invadunt, obtruncaht, Insulam Vastant. Ex. MSS. Philip- pi de Carteret, sq.,aur. dom. de St. Oflew, defunct. 65 HISTORY OF THE ISLAND. Reformed of that Kingdom (whom Popish Persecution and Cruelty had forced to take up Arms, in their own Defence} she sent them Six thousand Auxiliaries, and had the Town of Havre de Grace in Normandy put into her Hands by the said Reformed, for a Place of Security to her Troops, and for keeping open a Communication with England. But they, entering soon after into a Treaty with their King, were the most eager and forward to wrest the Town again from her, joining even with their Enemies the Papists to besiege it, and send away those who were come to assist them, and had fought for them (*). Which fickle and ungrateful return made the wise Queen more shy and reserved towards them, and prevented her breaking openly with France upon their Account, yet without abandoning them altogether. Peace and Prosperity to herself and to her People were the Fruit of that Counsel, whilst the French (now more at Enmity than ever, notwithstanding the late Pacification) were sheathing their Swords into each other's Bowels. This Civil War within themselves, did, with regard to us, operate in like sort as their Expedition into Italy had done ; that is, it made them forget us for a season. And were it a Christian Wish, one would not be sorry if such turbulent Nations were so always employed at home in their own mutual Destruction, as to be thereby disabled from disquieting their more peace- able Neighbours. The Queen well knowing the Temper of the French, and judging from what was past, that upon drop- ping their Domestick Quarrels, they would cast the same evil Eye towards these Islands as formerly, resolved to enlarge her Royal Care of them. The Retreat they had afforded to great Numbers, and among them to many of the best Quality in France, who fled from the Massacres (f), had rendered the said Islands yet more obnoxious to a bloody and superstitious Court, against whose Resentment there was great need to arm them. Accordingly in Guernezey, such improvements were made to Cornet-Castle, that for (*) Camden Elizab. ad. an.Rigni V. & VI. (t) Popeliniere Hist, de France, Vol. II. Liv. xxxiv. fol. 143. Verso, HISTORY OF THE ISLAND. CO Strength and Beauty it yielded to none throughout the Queen's Dominions (*). In JERSEY, we had a New one built, which, as founded by this Queen, bears her glorious Name (f), and will be mentioned again hereafter more than once. Her Grant of the Island of Sark to Philip de Carteret, Seigneur de St. Ouen, in order to people and plant it, shews no less her Concern for our Tranquillity. For though she might therein intend to favour a Gentleman whose Family had highly merited of the Crown we should wrong her excellent Wisdom and Judgment, if we did not suppose she had a farther View in it, viz. to keep the French from nestling there again, as they had done in her Brother's time, and thence giving us fresh Trouble and Disturbance. King JAMES I. was a most pacifick Prince, who having little left him to do for us in the way of Military Defence, turned his Thoughts to the better settling of Religion in these Islands, and bringing them to a Conformity to the Church of England, which he happily effected in JERSEY ; a Work doutbtless more acceptable to God, and which will perpetuate his Name among us no less, than if he had in- vironed this Island with a Wall of Brass. A Work of all others the most congruous to his peaceful Reign. Thus, when God would have a Temple among the Jews, he chose the peaceful Reign of Solomon for the building of it, and not that of David, though otherwise a most excellent Prince, because he had shed much Blood upon the Earth, and had made great Wars (+). These two Reigns of Queen Elizabeth and King James I. were on all Accounts the best Days we ever saw, and truly the Golden Age of these Islands (44). King CHARLES I. notwithstanding his early Match with a Daughter of France, Sister of Lewis XIII. found himself unhappily drawn into a War with that Crown. Lewis had renewed the Persecution against his Protestant Subjects, and laid Siege to Rochelle, their strongest Hold. The Duke (*) Heylin's Survey ofGuernezey and JERSEY,Ch. i. pag. 298. (t) Elizabeth-Castle. (1) I Chron. xxii. 8. o 67 HISTORY OF THE ISLAND. of Buckingham being sent with a good Fleet and Army to their Relief, and landing in the Isle of Rhr, it so provoked the French, that they threatned to revenge the Affront by a like Descent the Year following on the Islands of JERSEY and Guernezey. Which being known in England, proper Measures were taken to disappoint them. The Earl of Danby, Governor of Guernezey, was ordered forthwith to the Islands, with Supplies, and Instructions to make all the Dispositions necessary for a good Defence (*). The Garri- sons were reinforced, the Militia reviewed and exercised, Arms distributed to such as wanted, the Magazines stored and replenished ; and, for a conclusion, the Earl calling together the Stales of each Island, exhorted them in a set and pathetick Speech to remember their ancient Fidelity to the Crown of England ; which they cheerfully promised, and would no doubt have has bravely performed, had the French gone about to execute what they had threatned. But whether deterred by the Preparations made to receive them, or diverted by other Incidents, we heard no more of them (45). About this time, at the King's Direction and great Expence, was built the Lower Ward of Elizabeth- Castle in JERSEY, taking in the whole Circuit of Ground that had heretofore been the Site of the Abbey of St. Heller ; and is called the Lower, to distinguish it from the Upper Ward, which stands higher on a rocky Eminence, and was the Work of Queen Elizabeth. When 'tis considered how unreasonably stiff and backward to supply him in his greatest Necessities, this good King found his Parliaments, from the very entrance of his Reign, it ought so much the more to endear his Memory to us of this Island, in that out of his Wants he would spare for the raising of such a Forti- fication. As we partook in his Beneficence, so did we in his Afflictions and Sufferings, which now came on apace upon him, and were such as no Christian King ever met with the like from his own People. This Island had given Birth to (*) Dr. Heylin^s Survey of the Islands is oieing to this Voyage in which he attended the Eqrl as his Chapluin. HISTORY OF THE ISLAND. 68 a Gentleman, who, in that great Apostacy, preserved his Integrity and Loyalty, and was a means to establish and confirm us in ours. This was Captain Carteret (afterwards Sir George} Controller of his Majesty's Navy, a Man, says Lord Clarendon (*), of great Eminency and Reputation in Naval Command. He stood so well in the Opinion even of the Parliament, for true Honour, Courage, and Abilities, that when they committed the Fleet to the Earl of Warwick in opposition to the King, the two Houses had cast their Eyes upon him for Vice-Admiral. But he knew better what became him, than to accept of an Employment from them, unless the King had judged it expedient for his Service. Unhappily his Majesty did not judge it such, nor would con- sent that one of his Servants should so far countenance their undutiful Proceedings as to be any ways concerned with them, which the Noble Historian laments as a most fatal Error. For (to use his own (f) Words) if Captain Carteret had been suffered to have taken that Charge, his Interest and Reputation in the Navy tvas so great^ and his Diligence and Dexterity in Command so eminent, that it was generally believed, he would, against whatsoever the Earl ()/" Warwick could have done, have preserved a major Part of the Fleet in their Duty to the King. Upon this^ Sir George withdrew himself with his Family to JERSEY, and being well assured of the hearty concurrence of the Inhabi- tants, declared for his Majesty (46). And now the Sword was drawn on both Sides, and the Nation run into Blood. No Concessions that a gracious Prince could make, though in diminution of his just Au- thority, would satisfy. The Rebels grew more insolent upon every Success, and more averse to Peace. God's Counsels are inscrutable. Through his permission, those wicked Men went on triumphing in their Villany. They beat the King out of the Field, and, having run him down like a hunted Deer, laid their impious hands on his Sacred Person. Yet, amidst (*) History of the Rebelliou. Vol. I. Part 2. pag. 679. Edit, in 8. (t) Id. Ibid. 69 HISTORY OF THE ISLAND. all their Prosperities, this little Island was still a thorn and a Goad in their Sides. For to make a Diversion (*), Sir George had caused to be equipped about half a score small Fregates and Privateers, to cruise upon Ships trafficking under Passports from the Parliament's Officers. Those soon struck a terror all over the Channel ; Trade was inter- rupted ; Merchants complained of their Losses ; few would venture to Sea without Convoys ; and then it came to be understood what Mischief may be done to England by these Islands being in the hand of Enemies. We could not avoid falling under that odious denomination, among them who happened to be Sufferers by us, although in reality we were not Enemies to England and G od forbid we ever should. We were so only to Rebels, to those who themselves were Enemies to their King, wherein we behaved no otherwise than will always become good Subjects, placed in the like Situation as it then was our misfortune to be. And here we have an Example which methinks should never be for- gotten, but remain a standing Admonition to England of the Danger to it from these Islands, supposing them pos- sessed at any time hereafter by the French. For if a Governor of JERSEY with a few small Privateers, could make himself so formidable, what would not a vastly greater Naval Power of France stationed in these Islands, as most certainly such a one there would be, what (I say) would not such a Power be able to do (47) ? The King had sent the Prince his Son into the West, to have him out of the reach of the Evils which might befal himself, rightly deeming it too great a Venture to hazard both their Persons together. And the event justified his Majesty's Wisdom therein. For by that means the Prince was reserved to better Times, though first led by Providence through many great Trials. The Forces designed to act under him in the West not answering the Service expected from them, and the Enemy pressing so hard upon him that (*) Besides making a Diversion, there was a necessity to provide for a numerous Garrison, which could only be done by creating a Fund for that purpose out of the Captures and Pruces brought in. HISTORY OF THE ISLAND. 70 they had almost pent him up in a Nook of the Lands' End, he was forced to betake himself to the Isle of Silly for present Safety. After some stay in that poor Place, loyal indeed, but destitute of Necessaries, he removed to JERSEY, where he was most joyfully received, and better accomo- dated. He found here at least what to be sure his generous Spirit would chiefly regard, viz. Hearts full of Duty and Affection to him. The King had appointed a Council to attend him, among whom the most credited and confided in, seems to have been the Chancellor of the Exchequer, Sir Edward Hyde, afterwards the great Earl of Clarendon. No sooner were those noble Persons, with their Royal Charge, arrived in the Island, but their first care was to view the same all over, and take a good Account of it, and having so done declared their Opinion, with which the Prince concurred, That it was a Place of the greatest secu- rity, benefit, and conveniency to repose in, that could have been desired and wished for ; till upon clear information and observation of the King's condition, and of the State of England, he (the Prince) should find a proper Oppor- tunity to act (*). The Queen his Mother was then in France, who by frequent Messages and Letters solicited his repair thither, seeming not to think him sufficiently safe in this Island. But the Council had no inclination to trust the Heir of England with those who had shewed so little Kindness to the Father, and had originally fomented the Rebellion. Therefore the Lords Capel and Colepepper were sent with the Prince's excuse to his Mother ; and, to allay her fears, were instructed to tell her in his Name, That he had great reason to believe this Island to be defen- sible against a greater Force than he supposed probable to be brought against it : That the Inhabitants expressed as much cheerfulness, unanimity, and resolution for the defence of his Person, by their whole Carriage, and parti- cularly by a PROTESTATION voluntarily undertaken by them, as could be desired : And that if, contrary, to expectation, (*) History of the Rebellion, Vol. III. Part I. pag. 4, Edit. 8?. 71 HISTORY OF THE ISLAND. the Rebels should take the Island, he could from the Castle (a Place of itself of very great Strength} with the least hazard remove himself to France, which in case of immi- nent danger he resolved to do (*) (48). The good Queen had suffered herself to be deluded by the Arts of Cardinal Mazarin, who about this time began to intrigue with Crom- well. They wanted the Prince in France to make their Market of him, and drive the better Bargain with England, according as Conjunctures should fall out, and Times might vary. No Promises were spared on their part to decoy him over to them, not one of which they meant to keep, as the Prince quickly found, when vanquished by his Mother's Importunities, and at last by her most peremptory Com- mand, he went and put himself into their Hands. How little he was considered or assisted, nay, how much slighted and disregarded, is too unpleasant to dwell on ; but it has often been my admiration, that after he was restored to His Kingdoms, he would ever put any Confidence in so false and faithless a Court (49). The time of his abode with us, was about two Months ; but we had the Honour of his Presence again when he was King. Those of the Council who could not approve of his going to France, staid here longer ; but Lord Clarendon (whom I so call by antici- pation) longest of all, even no less than five and twenty Months : And that respite from Attendance he employed in making a farther Progress in the Incomparable History he has left us, begun some Years before, but often interrupted through the great Agitations of his Life (50). Having ac- quainted the King with what he was upon, he received his Majesty's Thanks, and soon after Memorials of diverse im- portant Passages under his Majesty's own Hand, or reviewed and corrected by him (f) ; and Those enabled the Author to relate with greater assurance things transacted whilst he was at a distance from them, viz. whilst he was with the Prince in the West ; nor could he desire better information of the Truth of those Affairs than from his Majesty () History of the Rebellion. Vol. III. Part. I. pag. 7. Edit. 8. (t) History of the Rebellion. Vol. III. Part- 1- pag. 70, Edit, 8". HISTORY OF THE ISLAND. 72 himself. 'Tis a pleasure to me to mention these Particulars, hecause me thinks there is an Honour reflected on this Island from that Immortal Work having been, at least in part, compiled amongst us, and written (as I may say) with JERSEY-INK. His Residence was in Elizabeth- Castle, with his Friend Sir George de Carteret ; and there I have seen still standing (and looked on with a sort of veneration) the humble House (*) (51) where that Great and Good Man spent the forsaid five and twenty Months on that Work ; the House, in memory of him, retaining a long while after the Name of la Maison du Chancelier. In May 1648 he was recalled to wait again on the Prince, now preparing to go for Holland, abundantly convinced of the emptiness of French Protestations and Promises. Few days after the Prince had landed in JERSEY, the King went to the Scots Army before Neiuark, and from his coming among them we are to date the long and cruel Cap- tivity he underwent, never from that time to his Death having had the Freedom of his Person. I shall not follow him from one Durance and Confinement to another, and only observe that when His Majesty made his Escape from Hampton- Court, and sought a place where he might securely repose his weary Head, he seems to have had JERSEY in his View ; for that at his coming to the Sea-side, i. e. South- ampton-River, where Embarkations for these Islands are usually made, he asked, Where the Ship was that should transport him (f) ? How, instead of that, he was carried to the Isle of Wight, and there immured, and made a closer Prisoner than ever ; how, I say, he was carried thither, whether by involuntary Error, or designed and concerted Treachery, has been hitherto a Mystery, and will probably remain so, until the Day appointed for the Manifestation of Secrets ; and then shall every dark Counsel and contrivance formed to destroy him, though hatched and laid as deep as Hell, be brought to open Light, and meet with its deserved (*) It stood in the Lower- Ward of the Castle, adjoining to the Chapel, all which ancient Buildings are now demolished. (t) History of the Rebellion, Vol. III. Part, I. pag, 84. Edit. 8*>; 73 HISTORY OF THE ISLAND. Reward. Neither were they contented with their barbarous Usage of him in Carisbrook-Castle, where his Life was threatned with Poison and Pistol (*) ; but as if his Restraint there had not been severe enough, they transferred him to Hurst-Castle, a most unhealthy Place, without fresh Water, annoyed with the stinking Vapours and Smoke that arise out of the neighbouring Marshes "and Salt-pans ; and withal so straitned for Lodgment, that this Great King had hardly there the Conveniencies which many an Ordinary Criminal finds in a common Jayl. The World standing in a Maze what they intended next to do with him, their Mean- ing was soon known to be, from that loathsome Prison to lead him to a Scaffold, which indeed to him might be thought a Deliverance. But when the Report of so monstrous and unheard of a Wickedness came to us in JERSEY, it struck us all with Horror ; and there appeared a Zeal and For- wardness in many of our bravest and most resolute Islanders, to endeavour at the Peril of their Lives to rescue the Captive King, by surprizing the Castle. The thing, though difficult and hazardous, was not thought absolutely impossible ; because, as all Ships from these Parts and from the West going into the Port of Southampton, must and do of Course pass close by this Castle, so it was presumed that four or five Vessels of this Island, with a sufficient Number of chosen Hands concealed under the Hatches, might come so near without creating a jealousy, as to give Opportunity to the Men to sally forth suddenly, and scale the Walls. For some Years after the Restoration, when the past Evil Times were fresh in Men's Memories, and more the Subject of Discourse than they are now, I well remember to have heard such a Design talked of among our People, and Gloried in as an Instance of our Loyalty, at least in Purpose and Inten- tion, but was yet too young to enter into an Affair of that Nature. So that how far the Design was pursued, or what hindered the Execution of it, I cannot take upon me to say. 'Tis possible the King's being hurried to his Trial, before (*) Ibid page 231, &q. wftcre see the Account of RolphV Plot to murder the King. HISTORY OF THE ISLAND. 74 things could be got in a readiness, might cause the same to miscarry. But this I may with confidence affirm, that there was nothing within our Power which we would not most gladly have done to save his precious Life. And 'tis no small Comfort and Satisfaction to us even at this Day, That at whosesoever Door the Guilt of that Righteous and Innocent Blood may lie, we of this Island have no otherwise contribu- ted to the shedding of it than by our Sins in general, which added to the Sins of the Nation (a dreadful Load !) pulled down that heavy Judgment on us all. When the horrible Blow was given which laid the Head of the Royal Martyr, and with it the Crown and Monarchy, in the Dust, this Prince was at the Hague, in .a most forlorn and desolate Condition. He saw his Inheritance seized by Traytors and Parricides, and all Men forbidden to own, aid, or abet him, on pain of Death. But in this Island we des- pised their Threats, and His (now) Majesty (52 j King CHARLES II. was readily and solemny proclaimed, with all his Titles. Naked and empty Titles, without Means of Subsistence ! How little regard other Crowned Heads had to his Necessities and distress, 'tis a Shame to say. His present only Support was from the Generosity of the Prince of Orange, who had married his Sister, the Father and Mother of our great King William. There was not a Court in Europe where he could promise himself to be received and treated with Dignity ; and if suffered some time in Holland, it was owing to the Credit and interest of the foresaid Prince his Brother-in-law. But when they heard there of a threatning Embassy coming from the New- fangled Commonwealth in England, they were impatient to have him gone ; fearing to provoke that insolent Crew of Men, who by not sparing their own King, and having ready at Command an Army of hotbrained Enthusiasts, flushed with Blood, were become terrible to all the neighbouring Powers. Once His Majesty thought of trying his Fortune in. Ireland, but all hopes failing of doing any good there, he laid that Design aside. To Scotland he was invited, but upon Terms so derogatory to his Honour, and offering such 75 HISTORY OF THE Violence to his Conscience, that he could not yet bring him- self to submit to them, though afterwards he did, through the Inducement and Over-persuasion of others. In this Perplexity, not knowing whither to bend his Course, he remembered his Loyal little Island of JERSEY, which two Years before had afforded him so seasonable a Retreat when he could set his Foot no where on English Ground with Safety. He now therefore resolved to visit it again, and there rest himself, waiting with Patience on the good Pro- vidence of God for a change in his Affairs. It was in Autumn that His Majesty came to us, and he staid with us till the Spring following. As he found us the same dutiful People, so we him the same easy, humane, affable Prince; which perhaps needed not be mentioned, it being the known Character that distinguished him all his Life. None were denied Access to him, neither did he disdain Invitations and Entertainments from our little Gentry, whom of him- self he would sometimes honour with a Visit at their Habitations, as he rode about the Island. With all Parts of which he grew so well acquainted, that (having some skill in the Mathematicks) he drew a Map of it with his own Hand, intending no doubt to keep the same in remembrance of a Place where he had enjoyed more Peace and Quiet, than hitherto anywhere else within or without his Dominions. The Map at present is, I know not how, got into the Heer Van Aldershelm's Cabinet of Curiosities at Leipsic in Saxony, where it is shewn to Travellers (*). At his first being here, he had given Order for the Construction of a Fort, to be in the Nature of an Outwork to Elizabeth- Castle, which finding now perfected, he would have it called by his own Name, Charles-Fort. It has been since incor- porated with the Castle, by inclosing with Walls and Ramparts a long Slip of Ground which parted them. Th Scots informed of the King's abode in this Island, followed him hither with Messages, praying him to come nearer to them, for better Convenience of Treating, this (*) Dr. Brown's Travels, page 172. fflSTORY OF THE ISLAND! 76 Place keeping him and them at too great a Distance from each other. Whereupon His Majesty left us, but so satis~ fied with the hearty and chearful Reception he had found among us, that as long as he lived he was pleased to retain a generous Sense of it. To inquire now by what Counsels he was drawn into Scotland, and how used when he came there, would be going too far out of the way. 'Tis enough to say, that acknowledged at last he was for their King, and with an Army of that Nation marched into England, in hopes to be joined by his more trusty Friends, the Royalists in this his other kingdom. Which expectation failing in great measure through various Accidents, and a Battle ensuing, that Army of Scots was put to the Rout, and His Majesty forced to abscond for the saving of his Life, a Price being set upon his Head. After two long months wan- dering from place to place, in continual danger of being discovered, by the necessity of trusting his Person in many unknown Hands, it pleased GOD to open a Door for him to escape and get safe beyond Sea. And so wonderful was the Deliverance, in all the Circumstances of it, that we may search in vain every History from the beginning of the World for an Example of such another. During those Transactions, the Usurping Powers in England were making great Preparations for the reducing of this Island ; enraged at our owning and harbouring the King in defiance of them, and alarmed at the taking of so many of their Traders by our Privateers(*) 53, who continued cruizing (*) Whitlock's Memorials, $e. ad. An. 1650. Feb. 21. Letters that several Merchant -men have been taken on the Western Coast by the J E as EY-Py rates. Feb. 26. Letters that two Dutchmen laded with Salt, came to-an anchor toithin half a League of Dartmouth-Castle. That presently after two JERSEY- Pyrates came up with them, cut their Cables, and carried them away That tlte Castle shot at them, but could not reach them. -March 1. Letters of JERSEY- Pyrates very bold upon the Western Coast. March ft Letters of several Ships taken by the Pyrates of JERSEY. March 15. Of the tcant of Fregats vpon the Western Seas to keep in the Pyrate* of JERSEY, March 17. Oftfe J'ERSEY-Pyrates taking several' Merchant-Ships, and none of the Parliament Fregats to help them. March 19. Letters of Pyracies committed by those of JERSEY. Nov. 30, 1651. Letters that the JERSEY-Pyrates took two Dart- month-Shipy, and three other Ships. April 17. Letters of the JERSEY- Pyrates taking two Barks laden in Sight of Portland. April 21. Of more Prize* taken by Me JERSEY- Pyrates, awl of Captain Bennet's fighting with two of them four Hours. July 14. That five English Vessels were taken by Boats 77 HISTORY OF THE ISLAND. in the Channel, and were grown so bold as to make Captures in the very Harbours. And for this we, who had the King's Commission to warrant what we did, must forsooth be called Pyrates, by those than whom there never were more lawless and impudent Freebooters ; having no authority but from themselves, that is, none at all ; who had robbed one King of his Life and Crown, another of his Birth-right and Inheritance, and the whole Nation of its Peace and Happi- ness. They called us Pyrates, by the same Figure that they hanged for Traytors the King's most faithful Subjects ; whilst they themselves, by daily accumulating one Treason upon another, had a hundred times forfeited their Lives to the Laws. Such bold abuse of Language, which confounds all Nations of Right and Wrong, shews any set or Party of Men among whom it prevails, desperately wicked, and sold to Iniquity, In October 1651, the Armament fitted out against us put to Sea, under command of Admiral Blake, whilst Major- General Haines had in particular Charge the Forces ap- pointed for the Descent. The twentieth of that month (*), four score Sails (which were but part of the Fleet) appeared in Sight of the Island, and the same Day came to an anchor in St. Often? s Bay. That Bay lies open to a westerly Wind, which here blows at least one half of the year, and when raised to a Storm, rolls in such a Sea as no Ships can stand against, without danger of perishing every Moment. But the same unaccountable Success which used to attend the Rebels at other times, attended them also now. All the while they lay in this Bay they had such smooth Water, that in the Memory of Man the like had not been known in so advanced a Sea- son. This somewhat startled our People, but nothing in comparison of a dismal Report which on a sudden flew about of JERSEY carrying four or Jive Guns apiece.' July 18. Letters of two Prizes taken by a JERSEY Fregat of eight Guns, twenty-four Ours , and eighty Men ,- end that there icere twelve of those I'regats belonging to JERSEY. August 7. Letters of much Damage done by the JERSEV-Pyrates. -Sept. 27. Letters of the JKHSEY-Pyrates doing much mischief upon the Western Coast, &c. (*) Relation de Inprise de 1'Me et des Chateaux de JERSEY, par les Re- belles tfAngltterre, MRS. HISTORY OF THE ISLAND. 78 the Island, of the King being Prisonner, and at the Mercy of his Enemies. We had heard of the Battle, yet still hoped well of His Majesty's Person. But now Sorrow and Despair might be seen in every Face. The most dispirited began to cry out, That it was in vain to contend any longer with Powers, who like a Torrent bore down all before them. And what good would the sacrificing of ourselves do the King now, when perhaps he was no more, and had already undergone his blessed Father's cruel Fate ? For what else was to be expected from those Bloody Miscreants into whose Hands he was fallen ? Here it was that Sir George de Carteret had need of all his Authority, and of the great Respect which every body paid him, to keep many from lay- ing down their Arms. Nor peradventure would that have done, had he not by prudently concealing his own Fears, and putting on an Air of Unconcernedness, discredited that Report among the Troops ; who watched his Looks, and seeing no Alteration there, concluded that he, who must know more than they, believed nothing at all of the Story. By that means he raised their Spirits again, and brought them on to face the Enemies. These lay quiet all that Day, and the Night following. But the next Day, October 21. early in the Morning, their Cannon began to play, which was answered by that on several little Forts and Redoubts in the Bay, and by four and twenty Field-Pieces always following the Militia upon a March. Some of the lesser Fregats advanced so near the Shore as to bring both Parties within a distance to ply their small arms ; our Men boldly wading into the Water to meet the Enemies, returning their Fire, and calling them aloud Rebels, Tray tors, and Murtherers of their King. This lasted four Hours, after which the whole Fleet drew off, and went to St. Brelade's Bay (about a League from that of St. Oueri) where being anchored, they sent back a Squa- dron to St. Ouen, and others towards St. Aubin's Bay, St. Clement, and Grouville (*) ; meaning to tire and distract (*) Here 'tis convenient to look into the Map. 79 HISTORY OF THE ISLANET. our Troops, by making a Shew as though they intended t& T land in all those different Places at once ; and accordingly several Companies were detached to wait on their Motions ; the main Body of the Fleet lying still in St. Brelade's Bay* and the best Part of the Camp there likewise to observe it. October 22, a little after Midnight, the Enemies at St. Brelade were perceived to ship off in several flat-bottomed Boats, which they had brought for that Service, ten or twelve Battalions, to the number (as was conjectured) of about four thousand Foot, in order to make a Descent, which they, attempted by break of Day, under the Covert of their Ships, which approached as near to the Land as the nature of the Place would give leave, sparing neither Powder nor Shot on that occasion. But seeing themselves beaten from two small Forts that had been raised in the Bay,and the Islanders drawn up on the Sands in a posture to receive them, they thought fit to retire to the Ships, which forthwith weighed Anchor, and returned to St. Ouen, leaving only nineteen Men of War in St. Brelade's Bay. This obliged the Governor to follow them again to St. Ouen, after he had posted some Companies of the Militia, his own Company of Fuzeliers, and all the Dragoons, to oppose those that remained at St. Brelade. The Enemies being come to St. Ouen, directed their course Northwards, to ISEtac, the farthest Point of that Bay, as if they meant 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 now been three Days and two Nights under Arms,exceedingly fatigued with so many Marches and Counter-marches, and much incommoded by a small Rain that had not ceased to fall ever since they were in Action, to refresh in the neighbouring Villages ; the indefatigable HISTORY OF THE ISLAND. 80 Governor, with a small Body of Horse, not departing all the while from the Shore (54). It must not be forgot, that the Enemies were that Day re-inforced by a Squadron of fresh Ships, which joyned 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 the Horse he had with him. The Charge was bloody and desperate (*), many of the Enemies being killed and wounded (f). But others poured on s6 fast, that the Infantry, dispersed along the Coast for Refreshment, as was said before, had not time to come in, and sustain the Horse ; which certainly did Won- ders, by the confession of the Enemies themselves, who have often said that they could not have stood such another Charge. And now all farther Opposition ceasing, there followed a general landing of the Rebel Army ; and the very next Day, Oct. 23. so furious a Tempest arose from the West, that if they had not by such lucky and timely Reduc- tion of the Island, gained a Retreat for their Fleet into the Ports, the greatest Part of it must in all appearance have perished ; as it happened to one of their stoutest Ships, which was dashed to pieces against the Rocks, and net a Man saved of three hundred that were in it. Though they were yet Masters only of the open Country, and not of the Castles, the News of that Success was received with great Joy by the Men sitting in St. Stephen's Chapel,and a publick Thanksgiving ordered thereupon (+). The Fort of St. Aubin, which commands the Harbour of that Name, might have proved a hinderance to the Fleet's taking shelter there. The first thing therefore the Enemies (*) Whitlock's Memorials, an. 1651. Oct. 30. Letters that Colonel Haines with his Forces anchored at JERSEY. They were desperately chaiged by a Body of Horse. (f) Among the slain on our side, was Colonel Bovil, a gallant Officer, much re- gretted by Sir George. (|) Whitlock, ut supra, Nov. 3. The Parliament ordered, that the Ministers of London and Westminster do on the Fifth of November next, in their several Congregations, give thanks to God for the gaining of JERSEY Island. 81 H1STOIW OF THE ISLAND. very wisely did, after they were landed,was to attack the said Fort. And though Sir George, who knew how important the Preservation of it was at that critical Hour, had given a most strict Charge to the Officer and Soldiers in it, to 1iold out to the last extremity, he was ill obeyed, and with grief saw the Place yielded up almost as soon as summoned. The MSS. Relation (*) from which I extract these Particulars, imputes the utter loss of the Island to that too precipitate and hasty Surrender ; reasonably supposing, that the Ene- mies Ships, quitting St. Owew's Bay to come into St. Aubin's, for Security against the Storm, could never have kept upon their Anchors betwixt the two Fires of Elizabeth- Castle and of that Fort. Nor did Mont-Orgueil make a much better Resistance, which may seem strange after the Account given above of this Castle. But, alas ! it was no longer the same, as in those ancient Times, when a Constable of France with ten thousand Men besieged it in vain. For ever since Elizabeth- Castle had been made the Residence of the Governor, the chief Care was laid out upon That, and very little done to support This. It had but eighteen Guns mounted, with five Iron Murderers, when Major- General Haines sate down before it, as I find in the Relation he sent to his Masters (55). Besides, no News coming yet of the King, Men's Hearts were thereby so brought down, and their Hands weakened, that 'tis rather a wonder any Resistance at all was made, when People could not now tell for whom they fought and exposed their Lives. The Enemies to complete their Victory, had the hardest Task still remaining behind, viz. the gaining of Elizabeth- Castle. This they must not look to have as cheap as they had the others. Sir George had shut himself up in it, resolved upon a Defence worthy of his Courage, and of the Goodness of the Cause in which he was engaged. With him there went in sundry prime Persons of the Island, Magistrates, Clergymen, and others, desirous to give Proofs (*) La Prise de cette Place leur Sauva toute lew Flotte, que la Tourmente qui s'esleva le lendemain etit indubitablement fait perir, si die ne se fust wise a con- vert comme die Jit darts leport de Saint Aubiu. ' HISTORY OF TWK ISLAND. of their Loyalty to the last. The Garrison consisted of three hundred and forty Men mustered for Service, with Provisions for eight Months in proportion to the said Com- plement. As for the Castle itself, the Description of it belongs more properly to another Place (*), and thither I refer that. After a previous and peremptory Summons from the Commander of the Rebels, and such an Answer from the Governor as became him to give, the Cannon was point- ed against the Castle. It could be brought no nearer than St. Heller's Hill, at the Distance of six hundred sixty three Geometrical Paces, L e. of about three Quarters of a Mile, all betwixt the Hill and the Castle being Sea or Sand, without firm Ground whereon to raise Batteries. One may judge that firing from such a Distance could not much damage the Walls. All the harm done in many Days from the continual fire of twelve Thirty- Six Pounders, amounted to no more than beating down some Parapets, which were* soon made up with Turf. It was now far in November, and then the joyful News came of the King's safe arrival in France. Whereupon Sir George dispatched Mr. Poing- destre, (the worthy Gentleman mentioned in the Preface) to congratulate His Majesty on his miraculous Deliverance, and inform him of the Enemies progress, with the state of the Garrison. A poor Fellow, brought in by a Party that had been sent out for Intelligence, and asked what the Enemies were doing, said, they were with great labour drawing up St. Heller's Hill two monstrous Guns, the like whereof had never been seen in the Country. It was easily understood what those monstrous Guns were, viz. two very large Mortars, which being fixed threw Shells into the Castle of near thirty inches Diameter. One particulary happening to fall upon the Church, did most dreadful Execution (56). This was the old Church of the Abbey of St. Helier, sub- sisting still in part, and having under it a Magazine, in which, among great Quantities of other Stores and Provi- sions, were laid twelve Barrels of Powder for the Service of (*) The Chapter of Military Goverum ent. 83 HISTORY OF THE ISLAND. the Artillery in the Lower Ward. The Bomb broke through two strong Vaults, and setting the Powder on fire, scattered Ruin and Desolation all around, destroyed the Provisions, and (which was most lamentable) killed outright forty of the best Soldiers of the Garrison, besides Armorers, Car- penters and other Workmen useful in a Siege. So terrible a Blow, and unexpected, caused a great Consternation in the Place, and gave occasion to some, more faint-hearted than the rest, to talk of surrendring. Such Discourse could not be pleasing to Sir George, who by his Prudence quieted all for the .present ; yet found it necessary to ac- quaint the King with this new incident and withal crave Assistance, if so be His Majesty could prevail with the Court of France to grant it. ; and with this Message he sent his Chaplain, the Reverend Mr. Durel (*), Mr. Poing- destre not being yet returned. The King's Answer was to this effect, " That all his Solicitations at that Court had " been in vain, and would still be so though repeated never " so often, such a Conjunction there was of Counsels and " Interests betwixt Cromwell (f) and the Prime Minister " Cardinal Mazarin ; adding, that he would not deceive " him with a promise of Succour, which lie was in no con- " dition himself to give, nor could obtain from others ; that " he relied on his known Experience and Ability to do what " to him should seem most proper ; yet advised him, rather " to accept of a reasonable Composition whilst it might be " had, than by too obstinate a Defence bring so many loyal " Gentlemen with himself into danger of being made Pri- " soners of War." Sir George seems to have had a, noble Ambition that this should be the last of the King's Garri- sons that bent under the Power of the Rebels, as in fact, (I think) it was the last. Therefore seeing the Castle still tenable, no Breach made, no dispositions of the Enemies for an Attack, he resolved to keep them out at least some time longer, and concealed the King's Permission to treat, (*) Dr. Durel, a Native of the Island, afterwards Dean nf Windsor, &c. (t) Cromwell was not yet Protector, but in reality had as much Power a* if lie had been already so. HISTORY OF THE ISLAND: 84< fest the knowledge of it should renew the Cry for a surren- der. And so the Siege went on as before. But at length Provisions growing short, the Number of Defendants lessening daily by Death and Desertion, and no possibility left of procuring Supplies or Recruits of either, he called a. Council of Officers, and laid the King's Letter before them. It was then concluded to yield to Necessity, which the bravest Men in the Course of a War are often forced to do, without loss of Reputation. In short, the Garrison marched out upon equal and honourable Terms, and by the reddition of the Place, the Enemies became Masters of the whole Island (57). As for Sir-George he went to Paris, to give the King a more perfect account of all that had passed in this Affair, and then settled with his Family in France, where he remained under many Mortification*, says Lord Clarendon (*), by the Power and Prosecution of Cromwell, till His Majesty's happy Restoration. Guernezey had some Years before submitted to the Usur- pers, save Cor net -Castle, which singly stood out for the King This occasioned a sort of Intestine War in that Island, the Castle and the Town exchanging many Shots at each other. But when all hopes vanished of doing His Majesty Service by a farther Resistance, that noble Castle also opened its Gate to the Rebels ; who in this same Year 1651, (so fatal to these Islands) made an end of subduing the Royal Party every where intirely (58). There had been no small Apprehension in England, lest the King, urged by his Necessities, should be induced to put these Islands into the hands of the French, for Security of such Sums of Money as they would then very readily have furnished him- with: And that such a thing was in agita- tion, Whitlock tells us the Men at Westminster had advice by Letters fronr Abroad ; nay, he says, those Letters spake not of a simple Consignation only, but of an absolute Sale (f). It cannot de denied, but the King had it in his (*) Hist, of the RebellioH, Vol. III. Part II. page 466, (f) Memor. ad. an. 1651. Letters that Jermyn and Greenvil were sent to Paris, to advise aboui wiling O/^JERSEY to (he French. 85 HISTORY OF THE ISLANEf. Power to have so disposed of thse Islands, if he had pleased ; and had met with Provocations more than enough i'rom a rebellious Kingdom, to justify almost any Measures he could have gone into to its hurt and prejudice. Now sup- posing such Counsel to have been suggested by some about him, the Event however shews that His Majesty generously rejected it, and in the words of our Great Author (*), was so strict and punctual in his care of the Interest o/"England, when he seemed to be abandoned by it, that he chose rather to suffer those Places of great importance to fall into Crom- well's Power, than to deposits them, upon any Conditions, into French hands ; which he knew, would never restore them to the just Owner, what Obligations soever they entered into. None understood better than the King, who had so long resided in one of them, how much it concerned England, that the French should never have any thing, on any pretence, to do with these Islands ; and it shews the Greatness and Nobleness of his Mind, no less than his Wisdom and Forecast, in that, stifling his just Resentment, he would trust his most deadly Enemy with them, rather than that Nation. By being in Cromwell's hands, they would remain to the Crown, that Crown to which His Majesty doubted not but God in his good time would restore him ; whereas if once possessed by the French, they would be lost irrecoverably. As to our particular Interest in this Affair, no greater Calamity could have befallen us than such a Transaction with France. Then indeed we had been undone for ever. But having an intire Confidence in His Majesty's Honour and declared Affection for us, it never entered into our Thoughts that he would pledge or sell us to our old Enemies, and purchase their Assistance at the 'Price of our Ruin ; and so were exempt of those Fears and Apprehensions which disturbed Others, conscious of their Guilt and Demerits towards him. We were now fallen under the Arbitrary Rule of Tyrants, I*) History of the Rebellion, Vol. III. Part II. page 465. 77. i., with other fassagesfrom that excellent History, could not be taken inte the Jirst Edition of my Book, which came out some Years before Laid Clarendon's ivas published. HISTORY OF THE ISLAND 1 . 86 whose little Finger we found heavier than the Loins of our rightful Kings ; witness the Sequestrations, Compositions for Estates (*) (59), disqualifying for Offices, imposing of sinful Oaths and Engagements, and other Vexations, which follow- ed upon our being made their Conquest, or rather their Prey. Haines sought out those who were reputed to have Money, and kept them in arrest, till he had extorted a Ransom from them (f). Five thousand Soldiers were put at Free Quarters () upon the Country, and left without Check or Controul to commit the greatest Insolencies (60). Wha being a frantick Herd of Sectaries of all sorts, vented with full Licence their fanatical Rage, (which they called Zeal) against the Established Religion (), turning the Churches into Guard-houses and Stables, abusing them in a manner yet more indecent and unfit to be named, spilling on the Ground the water designed for the Baptism of Infants, disturbing the Publick Assemblies, and invading the Pulpits, with other Profanations and Impieties, very shocking to the good People of this Island, who had been bred in a becoming Reverence for the sacred Institutions of Christianity, tram- pled upon by those Hypocrites. His Majesty being restored to his Kingdoms, was pleased to remember the Services and sufferings of his Subjects of JERSEY , and as he conferred many Marks of his Royal Favour on Sir George de Carteret, whom he brought near his Person, made him Vice- Chamberlain of his Household, and one of his Privy Council (61) ; so he ever expressed the greatest Kindness for the Inhabitants ; taking them into his special Protection, and interposing betwixt them and every Attempt made to infringe their Privileges, or bring any hardship upon them. And that by means of something durable and lasting, Posterity might be apprized, as of our constant Attachment both to his blessed Father and him, (*) Ordered, Tliat the Commissioners for compounding > do send some to sequester the Estates of those in JERSEY. Whitlock ad. an. 1651, Jan. 3. (t) Relation MSS. ut sup. (J) During some Mont/is. () The tame with the Church of England, 87 HISTORY OP THE ISLANTT. so of his singular Affection for us, he presented the Bailly and Magistrates with a large silver gilt Mace (*)(62), having, engraven on it by his Order aa Inscription which we value and hold more precious than the Gift itself, though that be very considerable. For it bears an honourable. Testimony of our Fidelity, and particularly recites how His Majesty had twice found tutuni receptum, i. e. a safe retreat in this Island, dum cceteris ditionibus excluderetur, i. e. when he was excluded from his other Dominions. The Inscription is in the Appendix, Number IT. In time of war and Dan- ger, he had a watchful Eye to our Safety, of which let this Instance suffice. During his Abode with us, he had ob- served a Defect in Elizabeth Castle ; which was, that betwixt the Lower Ward and the Fort called by his Name,, there remained a long narrow Neck of Land open and without Defence, except from the Fire of the next Rampart. Here His Majesty apprehended an Enemy might possibly, in case of a Siege, lodge and entrench himself. Therefore at breaking out of the War with France in the Year 1665, he caused the same to be strongly walled in, and mounted* with Ordnance, and thereby gave the Castle all the Perfec- tion it seems capable to have, because no room is left for an addition of New Works, unless by laying the Foundation of them in the Sea, which at every Half Flood surrounds and shuts the Place in on every Side. This did his Majesty in- great Goodness, and at no small Charge, for our better Security against the French, by whom we were then? threatned. King JAMES II. has been handled so severely, and his Miscarriages so aggravated, by Writers of all sorts, that I hold it ungenerous to run with them in the same Cry against him. Of him therefore, and his short and unfortunate Reign, I shall only say thus much, and less cannot be said ; That as in England he had determined to bring in Popery by a Popish Army, so in this Island by a Popish Garrison. He sent us early a Commander of that Religion, with a- (*) 'Tin carried before them at the Meeting of the States, and o other solemn Occasions. HISTORY OF THE ISLAND. 88 Priest to prepare the way for it ; and Elizabeth Castle began to fill with Soldiers of the same Principles or of no principles at all, who would have served the Purpose as well. When the unhappy Prince left the Kingdom, and withdrew into France, those Men had that important Fortress wholly in their keeping ; and might think they could answer their Master's Intentions no way better, than by delivering it up to that Power unto which he himself had fled for Refuge. Here was Cause sufficient to make us uneasy. But it pleased God to inspire our Magistrates with such Wisdom and Force of Persuasion, that in some Conferences with the Commander, they prevailed with him to admit the Inhabitants to mount the Guard in the Castle by equal proportions with the Garrison. This abated of our Fears, as it lessened our Danger ; and left us to wait the Issue of the publick Coun- sels and Deliberations in England for settling the Govern- ment, which ended in placing on the Throne the Prince and Princess of Orange, by the Name of (63) King WILLIAM and Queen MARY. In this great Change we rested and acquiesced. For though we could not comply with the Seditious Practices of Forty -One, and rather chose to stand the fury of a powerful armed Faction, which bore us down at last, as has been seen ; we were not so dull as not to know how to distinguish betwixt a flagrant Rebellion, that tore up Foundations, and opened a Scene of Blood and all manner of Iniquity ; betwixt That, I say, and a Revolu- tion manifestly tending to preserve to us the two most valuable Things in the World, True Religion and Civil Liberty ; albeit some, with no good Design, have drawn odious Parallels, and laboured to find a resemblance of one to the other. In the Introduction, mention is made of an Address to their Majesties, to which, in as much as it testi- fies our willing Subjection to the Royal Pair, our Joint Sovereigns, it may not be improper to give a Place here (64). 89 HISTORY OF THE ISLAND, TO THE KING'S AND QUEEN'S MOST EXCELLENT MAJESTIES. The humble Address of the STATES of Your Majesties Island of JERSEY. May it please Your Majesties, WE acknowledge Your Majesties great Goodness in giving us access to Your Royal Presence, and leave to lay this Address at Your Feet. We are the Representatives of a People, who, though distinguished from others of Your Majesties Lieges in Language and peculiar Customs, con- cur with them in the common Interest of Your Kingdoms, and yield to none in Zeal and Affection to Your Majesties Sacred Persons and Government. We are Your Majesties ancient Subjects, the remainder of that goodly Patrimony ivhich Your renowned Progenitors once possessed on the Continent ; rescued from the unhappy Fate of the rest, by that great care which they, 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 requisite for our Defence: Which, by the Blessing of God, has had such Success, that though our Situation exposes us to those for- midable Neighbours, who, in the course of above six hundred Years, have often formed Designs against us, and actually invaded us, they have 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 remain- ing united, as at the first, to the rest of Your Majesties Dominions. We humbly conceive this Island to be no less important to Your Majesties now, than when it was thought so by Your Royal Predecessors. The known Endeavours of the French for some Years to increase their Naval Power, with their late bold entring the Channel, and dis- puting to Your Majesties the Empire of the Sea, sufficiently HISTORY OF THE ISLAND. 90 point out the Mischief and Danger thrcatning Your Realms, should they become Masters of this and the adjoyning Islands. In this Conjuncture we think it our duty to assure Your Majesties, that (with the Divine As- sistance} we will defend this Place to the utmost for Your Majesties Service, and that we wish to be no longer than we are Your Majesties Subjects. Hoping Your Majesties will believe, that though our Tongues be French, our hearts and Swords are truly English. The two last are intirely Your Majesties, and the first are employed in nothing more than in celebrating Your Majesties great Virtues and just Prai- ses ; and in beseeching Almighty God, who has so wonder- fully placed You on the Throne t and by so many Miracles of his Providence has 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 has so evidently designed You ; which is to raise the Glory and Reputation of this Nation, to put a Stop to the boundless Ambition of the unjust Disturber of the Quiet of Christendom, and to procure a safe and lasting Peace to Europe. We are May it please Your Majesties, Your Majesties most faithful and most Loyal Subjects, &c. I cannot better conclude this History, than with some of those remarkable Testimonies which our Kings have given of our Loyalty and Zeal for their Service, in the many Char- ters by them granted to the Inhabitants of this Island, and I shall begin with that of Edward III. EDOARDUS Dei Gratia Rex EDWARD by the Grace of AnglifB, & Francife, ac Do- God King of England, and minus Hibernice, Omnibus France, and Lord of Ireland, ad quos Preesentes Litter To all to whom these Presents perveneriiit, SalutemSciatis shall come, Greeting Know quod nos grata memoria ye--thatwe remembering with recensentes,quam constanter, Pleasure, how constantly and & magnanimiter, dilecti & courageously, our faithful and fideles Homines Insularum beloved Subjects, the Inha- Nostrarum de JERESEY, bitants of our Islands of R HISTORY OF THE ISLAXtJ. Guertieseye, Sark, et Au- rcncy, in l^idelitate nostra,& Progenitorum nostrorum Regum Angliffi, semper hactenus perstiterunt, & quanta, pro Salvatione dicta- rum Insularum, & nostrorum Conservatione Jurium & Honoris ibidem, sustinuerunt tain Pericula Corporum, quam suarum dispendia Fa- cultatum, ac proinde volentes ipsos favore prosequi gratioso, Concessimus, fyc. JERESEYE, Gvernes^e, Sark, and Aurency, have always hitherto continued Faithful to tTs, and our Ancestors, the Kings of England, and how many Dangers they have undergone, and what great Charges been put to, for the Defence of the said Islands, and for the Preservation of our Rights and Dignity therein : Being therefore willing to honour them with them witn our gra- cious Favour, We have gran- ted, &c. I shall next mention that of Edward IV, in whose time the Inhabitants did the good Service of recovering Mont- Orgueil Castle from the French who had surprized it. ^ - ^ - i -* - EDWARD by the Grace EDOARDUS Dei Gratia Rex Anglice, & Francice, & Do- minus Hibernice, Omnibus ad puos Preesentes Litterae pervenerint, Salutem, Cum Nobilissimus Progenitor noster inclytee Memoriae Richardm, quondam Rex Anglian, Francice, & Domi- nus Hiberniae, post Con- (}uestum Secundus, per Lite- ras suas Patentes, datas apud IVestmonasterium octavo die Julii, anno Regni sui decimo octavo, in consideratione Be- nigestus, & magnse Fideli- tatis, quos in Ligeis & Fideli- bus suis Gentibus & Commu- nitatibus Insularum suarum de JERESEYE, Guerneseye, Sark, 8f Aureney, indies invenit, de gratia sua speciali concessit pro se & haeredibus suis, quamtum in eo fuit, eisdem Gentibus & Commu- nitatibus suis, quod ipsi et Successores sui in perpetuum, of God King of England and France, and Lord of Ireland, To all to whom these Pre- sents shall come, Greeting. Whereas our noble Progenitor cf famous Memory, Richard, late King of England, and France, and Lord of Ireland, the Second after the Con- quest, by his letters Patents, dated at Westminster the eight Day of July, in the eighteenth Year of his Reign, in consideration of the lau- dable Behaviour, and re- markable Fidelity, which he always found in his Liege and Faithful Subjects, the People and Communities of his Islands of JERESEY, Guer- neseye, Sark, and Aureney, did, of his special Grace grant for himself and his Heirs, as much as in him lay, to the said People and Com- munities, that they and their HISTORY OF THE ISLAND. forcnt liberi & qtiieti, in Omnibus Civitatibus, Villis Mercatoriis, et Portibus infra Regnum nostrum Angl'mc, de omnimodis Theloniis Ex- actionibus, Custumis, taliter et eodem modo quo Fideles Ligei sui in suo regno prae- dicto extiterunt ; Ita quod dictae Gentes et Communi- ties fr.ae, et llacredes, et Successores sui praedieti, bo- ne et fideliter se gererent crga ipsum Progenitorem nostrum, et Hacredes etSuc- cessores suos in perpetuum, prout in Literis illis pleniiis oontinetur ; Nos continuant Fidelitatem Gentis et Com- munitatis dictae Insulae de .f HIIESKY plo niiis intcndentes, Literas praedietas, et omnia et singula in eis contenta- quaod Gentem et Communi- tatem ejusdem Insulae de JERESEY, acceptamus, appro- bamus, et eidem Genti et Communi'ati, ITaeredibus et Successoribus suis, per Prae- sentes ratificamus et confir- mamus. Et ulfcerius nos Memoriae reducentea^ quani valide, viriliter, et constantcr, dictae Gens et Communitas ejesdem Insulae de JERESEY Nobis et Progenitoribus nos- tris perstiterunt, et quanta Perichla et Perdita pro Sal- vatioine ejusdem Insulas, et Reductione Castri nostri de Mont- Orgue.il sustinuerunt, de uberiori Gratia nostra con- cessimus, fyc. Successors for ever, should be free and exempt, in All Cities, Market-Towns, and' Ports witbin our Realm of England, from all manner of Tolls, Exactions, Customs, so and in the same manner as are his Faithful Subjects in his said Realm ; Provided, and upon Condition, that the" said People and communities, and their Heirs, and Succes- sors as aforesaid, did behave 1 well and faithfully towards* Him our said Predecessor, and his Heirs and Successors for ever, as in the foresaid Letters appears more at large ; WE considering farther the continual Fidelity of the- People and Community of the said Island of Jeresey, do receive and approve the fore- said Letters, and all and every thing in them contain- ed, relating to the People and Community of the said Isle of Jeresey, and the same, to the said People and Commu- nity, their Heirs and Suc- cessors, do by these Presents ratify, and confirm. And We moreover calling to mind, how valiantly, couragiously, and constantly, the said Peo- ple and Community of the' foresaid Island of Jeresey have adhered to Us and our , Ancestors, and how-- many Dangers and Losses they have sustained for the De- fence of the said Island, and' the Recovery of our Castle of Mont-Orgueil, have of 0115, abundant Grace granted, fyc. HISTORY OF THE ISLAND. Queen ELIZABETH'S ELIZABETH Dei Gratia, $c. Quum Dilecti & Fideles Ligei & Subditi nostri, Bal- llvus & Jurati Insulae nos- trae de JERESEY, ac caeteri Incolae, & Habitator.es ipsius Insulae, infra Ducatuni nos- trum Normanniae & Prede- cessores corum, a tempore cujus contrarii Memoria hominum non existit per speciales Chartas, Conces- siones, Confirmationes, & Amplissima Diplomata, illus- trium Progenitorum ac An- tecessorum nostrorum tarn Regum Angliae, quam Du- cum Normanniae ,ac aliorum, quamplurimis Juribus, Juris- dictionibus, Privileges, Im- munitatibus, Libertatibus, & Franchisiis, libere, quiete, & inviolabiliter usi, freti, ac gavisi fuerunt, tarn infrel Regnum nostrum Angliae, quam alibi infra Dominia & Loca Ditioni nostrae subjecta, ultra citraque Mare, quorum ope & beneficio, Insulae prae- nominataB, ac Loca Maritima praedicta, in fide, obedientia, & servitio tarn Nostri quam eorundem Progenitorum no- strorum, constanter, fideliter, et inculpate perstiterunt, et perseveraverunt , liberaque Commercia cum Mercatori- bus, et aliis Indigenis ac Alienigenis, tarn Pacis quam Belli Temporibus habuerunt et exercuerunt, Sfc. Quae omnia et singula cujus et quanti Mom.enti sint et fue- runt ad Tutelam et Conser- Charter begins thus. ELIZABETH by the Grace of God, fyc. Whereas our Faithful and Beloved Lieges and Subjects, the Bailly and Jurats of our Isle of J ERESKY, and other Inhabitants of the same, within our Dutchy of Normandy, and their Pre- decessors, have from Time immemorial, by special Char- ters, Concessions, Confirma- tions, and very large Grants, of our illustrious Ancestors and Predecessors, as well Kings of England, as Dukes of Normandy, and others, possessed and enjoyed freely, quietly, and without moles- tation, several Rights, Juris- dictions, Privileges, Immu- nities, Liberties, and Fran- chises, as well within our Realm of England, as else- where within the Dominions and Places subject to our Government, on this side and beyond the Sea, by which means, the forementioned Islands, & Maritime Places, have constantly, faithfully, and unblameably, continued, and persevered, in their Duty, Service, and Obedience, as well to Us as our foresaid Ancestors, and have had the Benefit of a free Trade with Merchants and others, Na- tives and Foreigners, as well in Times of War as of Peace, fyc. We therefore, duly considering, how necessary all these things, and each of them, are, and have been, for the Maintenance and Preser- HISTORY OP THE ISLAND. 94 vationem Insularum et Loco- rum maritimorum praedicto- rum, in Fide et Obedientia Coronae nostrae Angliae, Nos, ut aequum est, perpen- dentes : Neque non imme- 111 ores quam fortiter et fide- liter, Insularii praedicti, ac caeteri Incolae et Habitatores ibidem, Nobis et Progeni- toribus nostris inservierunt, quantaque Detrimenta, Dam- na, et Pericula, tarn pro assi- dua Tuitione ejusdem Insulae et Loci, quam pro recupera- tione et Defensione Castri nostri de Mont - Orgueil infra praedictam Insulam nostram de JERESEY, sustinuerunt, indiesque, sustinent : non sol urn ut Regia nostra Bene- volentia, favor et affectus erga praefatos Insularios illustri aliquo nostrae Beneficentiae Testimonio, ac certis indiciis comprobetur ; verum etiam ut ipsi, et eorum Posteri dein- ceps in perpetuiun, prou antea,solitam etdebitamObe- dientiam erga Nos,Haeredes, et Successor.es nostros tene- ant et inviolabiliter obser- vent has Litteras nostras Patentes, Magno Sigillo An- gliae roboratas, in forma quae sequitur, illis concedere di- gnati sumus. Sciatis, 8fc. vation of the foresaid Islands and Maritime Places, in their Duty and Obedience to our Crown of England : And withal remembering, how va- liantly, and faithfully, the foresaid Islanders, & others, Inhabitants of the same, have served Us and our Progeni- tors, and how many Losses, Damages, and Dangers, they have sustained, and do still daily sustain, as well for the continual Defence of the fore- said Island and Place, as for the Recovery and Defence of our Castle of Mont -Orgueil within our foresaid Island of JERESEY : To the end, that not only our Royal Benevo- lence, Favour, and Affection towards the foresaid Island- ers, may be manifested by some remarkable Testimony, and evident Proof ; but that also They, and their Poste- rity may hereafter for ever, as they have done hitherto, retain and inviolably observe their usual and due Obe- dience towards Us, our Heirs, and Successors , we have thought fit to grant unto them these our Letters Patents, under the Great Seal of England, in the form and manner following. Know ye, 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 a particular Occasion. JAMES by the Grace of God, King of England fyc. To our trusty and well-beloved Sir Robert Gardiner Knight, 95 HISTORY OF THE ISLAND. and James Husscy 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 Establish- ment and Maintenance of Justice, and for the Security and Wealth of our Subjects generally in our Realms and Domi- nions, 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 Dcpendances, 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 borne 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 Domi- nions, 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 ichereas we are informed &c. For these Causes, Know therefore that we have' nominated you to be our Commis- sioners, 8fc. (65) Let me only add this notable Passage of that great Oracle of the English Law, the Lord Chief Justice Coke (*). The Isles of Jersey and Garnsey did of ancient time belong to tJtc Dutchy of Normandy ; but when King Henry I, had over-- thrown his elder brother Robert Duke of Normandy, he did unite to the Kingdom of England perpetually the Dutchy of Normandy, together with these Isles. And albeit King John lost the Possession of Normandy, and King Henry III. took Money for it, yet the Inhabitant* 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 Dutchy of Normandy) are a Good Seisin for the King of England of the whole Dutchy. (*) Part IV, of the Instit. Chap. Ixx. page 286. CHAPTER II. Description of the Island. THE Coasts of Normandy and Bretagne Provinces of France meet in almost a Right Angle, and form a Spacious Golf or Bay, which takes its Name from Mont-Saint-Michel, a famous Abbey of Benedictins seated at the bottom or inmost recess of it. In this great Bay, betwixt Cap de la Hague in Normandy, and Cap do Frehelle in Bretagne, the Islands of Jersey, Guernezey, and the rest, lie as it were in a cluster, yet at reasonable Distances from each other (*) ; and nearer to Normandy than to Bretagne. Jersey is the farthest within the Bay, as Guernezey lies more without, towards the British Channel. From Jersey to Carteret or Port bail in Normandy the Traject is about six Leagues, and the Land being very high on both sides, Churches and Houses may be discerned from either Coast(66) Latter Observations place Jersey in Forty-Nine Degrees ten Minutes of North- Latitude, and Two Degrees twenty Minutes of West- Longitude from the Meridian of London. In Length it exceeds not twelve Miles. The Breadth, where it is broadest (viz. at the two Extremities, for in (he middle it is narrower) is betwixt six and seven. The Figure resembles an Oblong Square, or Parallelo- gram, the longest Sides whereof are the North and South, the narrowest the East and West. The North Side is exceedingly raised, and looks down on the Sea below, from Cliffs of forty and fifty Fathoms perpendicular height, which renders the Island generally unaccessible on that Side. The South Side is much lower, and in some Places level as it were with the Sea. (*) Thus, the Distance bettoixt JERSEY and Sark is four Leagues, betwixt (fie same and Gueroezey seven Leagues, beticixt the same again and Alderaey nine Leagites. This is the common Computation, 97 DESCRIPTION OP THE ISLAND. I cannot better compare it than to a broad Wedge, or to a Right angled Triangle; the Basis whereof may be supposed to be the Sea ; the Cathetus, those high and craggy Cliffs which it has on the North ; and the Hypotenusa, the Surface of the Island which declines and falls gently from North to South. 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 fur- ther, and receive a greater increase and accession of Waters (whereby they become strong enough to turn forty 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 consi- deration 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 North to South, the Beams of the Sun fall more directly and perpen- dicularly thereon, than if either the Surface was level, and parallel to the Sea, or, which is worse, Declined from South to North, as it does in Guernezey. For there, by an odd Opposition to Jersey, the Land is high on the South, and low on the North ; which causes, if 1 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 (67). This Declivity of Jersey is not a smooth and even Decli- vity, as some might think. The Surface is extremely broken and unequal, rising and falling almost perpetually. For as on the North, it is an entire Hill, with few and short Vales, so on the South, South-East, and South-West, it is cut into sundry fruitful Valleys, narrow at the Beginning, but grow- ing wider as they draw still nearer and nearer to the Sea ? where they end in several Flats, of good Meadows and (*) Viz. 33 Corn-Mills, and 7 Fulling -Mills ; there are also 3 Wind-Mills in convenient Places (68). DESCRIPTION OF THE ISLAND. 98 Pastures. Mr. Poingdestre thought that this unevcnness 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 demonstra- ble, that a Country that is exactly level, will contain as many Houses and Inhabitants, will produce as many Trees, Plants, &c. as another Country, whose Surface is as uneven and unequal as can be, but whose Basis or Plane is no more than 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 (68). The nature of the Soil admits of great variety, which proceeds from this difference of higher and lower Grounds. The higher Grounds are gritty and gravelly, some stony and rocky (69), but others of a fine and sweet Mould. The lower are deep, heavy, and rich. Generally there is little barren Ground in the whole Island, almost none but what is- capa- ble of receiving some profitable Culture, and recompensing one way or other the Pains of the labouring Husbandman. We must except a pretty large Tract of once excellent Lands in the West of the Island, which within these two hundred and fifty Years have been so over-run with Sands, that the Country on that side bears the Image of a Desart. This is said to ' have happened by Divine Vengeance (*) on the Owners of those Lands for detaining the Goods of (*) In Insula JERSEY solum fu.it foccundissimum, quod Canvetos appellant, in Parockid Sancti Brelardi. Nemo se satis divitem in Insvld putalat, nisi illic prifdiumhaberef. Contigit An Dom.circiier I495,quod quingue Hixpanicoe naves illic fecerunt media hyeme na'ufragium, ad Festum Cath. Quntuor naves aquis obrut' DESCRIPTION OF THE ISLAND. 100 Cosmography (*), he says, that the Island is generally very fruitful of Corn, whereof the Inhabitants have not only enough for themselves, hut some over-plus to barter at St. Malos loilh the Spanish Merchants (72). The matter is much altered since the Doctor was here, and the Island does not now produce the Quantity sufficent for the Inhabitants, who must be supplied from England, or (in time of Peace) from Bretagne in France. They have often gone as far as Dant- zic in the Daltick, iavited thither by the Cheapness of the Market, This Decay of Tillage amongst us has sprung from a Coalition of such Causes as these. 1. From the Improve- ment of Navigation and Foreign Commerce, which took away many hands employed before in working at the Ground, and brought us Corn from Out-landish Markets, cheaper than the Husbandman could afford it at home. 2. From the increase of the Stocking Manufacture (73), which (to speak truth) has rendered the generality of our poorer People lazy and idle, giving them an Aversion to Husban- dry-work, as a more painful Occupation. 3. From the Conversion of the best Arable Lands into Gardens and Orchards, for the growth of Cider, a Commodity with which we are now over-stockt, whilst we want the more necessary Support of Life. Tho' it must be confessed that since the present War (f), 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 employment 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 (74). I might have named another great Obstruction to Tillage, but such as can hardly now be removed. 'Tis the prodigious Augmentation of Inclosures (+), Fences, Hedge -rows, and (*) Lib. 1. page 197. (f) The War with France in King William's Reign, when this was written. (|) About 150 Years ago the Island lay pretty much open, but tcften the Hu- mour of planting seited iitr people, they fell to inclosing, for Shelter and Security to their Fruit 101 DESCRIPTION OF THE ISLAND. High-waies ; which, though they add much to the Beauty and perhaps. Strength of the Island, yet hold they no Propor- tion to the Bigness of it, and waste a great deal of good Land that might be turned to better Account. For I verily believe, that these which I have mentioned, together with the Gardens and Orchards, the Situation, Avenues, and Issues of Houses, take up very near one Third of the whole Island (75). One is not to imagine such low Fences here as in England, but great Bulwarks of Earth (for so I think I may properly enough call them) raised, with much Labour and Expence, six and eight Foot high, sometimes more, answerably thick and solid, planted with Quick-sets or Timber-trees, many of them faced with Stone to a com- petent height, as you see the outside of a Rampart in a Fortifi cation. And for such they would serve against a prevailing Enemy, to whom we might 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 Inclpsures are great Enemies to the Pleasure and Diversion of Gentlemen, who cannot well hunt, especially on Horse-back, unless about the Sea-Coasts, where a few of the worst Lands remain open, or inclosed with low Fences. Having mentioned the many High -waies 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. they King's High-way, which is to be twelve Foot broad, besides two Foot more to each Bank or Side, in all sixteen (76). 2. Le Chemin de huit pieds, i. e. the Eight-foot way, of eight Foot in the middle, and four by the Sides, in all twelve. 3. Le Chemin de quatre pieds, i. e. the Four-foot way, like the Roman Actus, serving only for Carriages on Horse-back. Over all these there are in each Vintaine, or Ty thing, par- ticular 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 those Wales are kept, which is performed very solemnly. DESCRIPTION OF THE ISLAND. 102" The Constable of the Parish where the Perambulation is to be, takes with him twelve of the principal Men of his Parish and meets the Judge attended by three or more of the Jurats on Horse-back ; before whom rides the Viscount or Sheriff, with his Staff of Office erected, one End on the Pommel of his Saddle. In ancient times it was cum JLanced, with a Launce. He keeps the middle of the way, the Constable with the twelve Men walking on foot by his side ; and when his Staff encounters with a Bough or Branch hanging over 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 Vintaine are amerced. We had anciently another way, of very different Use, called Perquage, from the Latin Pertica, because it was exactly four and twenty foot broad, which is the Measure of a Perch. There were but Twelve 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 thither those who for some capital Crime had taken Sanc- tuary in any of the Churches, and had been sentenced to abjure the Country, according to an ancient Practice amongst us. Having abjured, they were led by the Church- man along those Perquages to the Sea, which Perquages were still a Sanctuary to them. If they straied never so little, they lost the Benefit of the Sanctuary, and became liable to be seized aud suffer the Penalty of the Law (77). These Perquages may be ranked among the Singularities of this Island, but the Reformation which abolished Sanc- tuaries, abolished these also. They then fell to the Crown as wastes, and were granted by King Charles II. to Sir Edward de Carter et, who for a yearly Rent parcelled them out to those who had Lands bordering upon them. We. have in JERSEY a Method of Agriculture differing in sundry particulars from that of England. But so in Eng- land itself, the way of managing Land is not every where alike. I shall Mention one thing only relating to that Sub- ject, which Mr. Camden, in discribing this Island, did not think below his Notice. 'Tis, that Nature having denied us 103 DESCRIPTION OF THE ISLANtf. the Benefit of Chalk, Lime, and Marie, (78) has supplied us with what fully answers the End of them in Husbandry. It is a Sea-weed, but a Weed more valuable to us than the choisest Plant cultivated in our Gardens. We call it Vralc, in ancient Records Veriscum and Wreccum, and grows plentifully on the Rocks about the Island. 'Tis gathered only at certain times appointed by the Magistrate, and noti- fied to the People by the public Cryer on a Market-day (79). There are two Seasons of cutting Ft, the one in Summer, the other about the Vernal Equinox. The Summer Vraic, being first well dried by the Sun on the Shore, serves for Kitchen- fewel in Country-houses, and makes a hot glowing Fire ; and the ashes, which are carefully preserved, serve for Manure. We hold them equivalent to a like Quantity of Lime. The Winter- Vraic being spred on the Green Swerd, and after buried in the- Furrows by the plough, 'tis incredi- ble how with its fat unctuous Substance it meliorates and fertilizes the earth, imbibing itself into it, softening the Clod, and keeping the Root of the Corn moist during the most parching Heats of Summer (*) (80). In stormy weather, the sea does often tear up from the rocks vast Quantities of this useful Weed, and casts it on the Shore, where the glad Husbandman gathers it, and proper Officers attend to see it distributed in just Proportions. The Genius of the soil is naturally much inclined to Wood, and the Humour of the People suits with the Genius of their Soil (81 ) The whole Island, especially the more inland Part, is so thick planted, that to one who takes a Prospect of it from some higher Ground, it looks like an entire and continued Forest ; though in walking through it, not a Wood, hardly a Thicket or Coppice, is to be seen, but many Hedge-rows and Orchards. Nothing can be imagined more delightful than the face of the Island, when the Trees 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 others (*) la the Isles of Feroe belonging to Denmark they practise the same dres- sing with Vraic. See the Description of those Ibles by Lucas Jacobson Debes, Provost of the Churchet there. DESCRIPTION OF THE ISLAND. recreate the Eye, and perfume the Air with a sweet Fra- grancy. But still it must be confessed, that so much Shade is prejudicial to the Growth of Corn and Pasture (82). Though we have much Wood, we are not so well stored with good and large Timber. The Cause whereof, is, that trees with us planted for Timber, are once in seven or eight Years pruned to the very top, which keeps them slender, and makes the Timber knotty ; the Husbandman being forced to this Course, not merely for the sake of Fewel, but to pre- vent his little Plots and Inclosures from being over-spred by the two luxuriant Branches. And yet even such Timber serves well enough for all common Uses, and here and there Sticks are found fit for the building of good Ships. The Ordinary Drink of this Island is Cider, an ancient Liquor, being mentioned both by Tertullian and St. Augus- tin. This last, writing against the Manichees, who objected to the Catholicks their drinking Wine, whereas themselves abstained wholly from it, answers, not by denying the Fact, but by retorting upon those Hereticks, that though it was true they drank no Wine, they would take down very freely nonnullorum pomorum expresses succos, vini speciem satis imitantes, atque id etiam suavitate vincentes (*), that is to say, a Liquor drawn from Apples, very much like Wine, and even exceeding it in sweetness. And the former speaks of Apples, of which he and other Montanists, would not so much as taste in their Xerophagias, by reason of the too gene- rous and vinous Juice of that Fruit, ne quid vinositatis, vel edamus vel potemus (f). From which Passages of the two African Fathers, Cardinal du Perron (who by the way was born in JERSEY (+) of Protestant Parents) infers that Cider was first known in Africa ; and thence brought early into (*) De moribus Manichseorum, Cap. xiii. (f) De jejuniis adversus Psychicos, Cap. i. (J) I must retract so much of this Parenthesis, as affirms the Birth of the Cardinal to have been in this Island. The matter stands thus. His Father, a Gentleman of Normandy, and Minister among the Reformed, to avoid the Persecutions in France, fled hither with his Family, and here abode some Years. The Cardinal was then so young, that I was unwarily led into the Error of supposing him born amongst us. How he came to apostatize af- terwards, is nothing- to our Purpose. 10.0 DESCUirTION OF THE ISLAND. Biscay (*), a Province of Spain unfriendly to the Vine ; which being the very Case of Normandy, Cider in after-time' made its way thither also (t). The same Account of the Progress of this Drink is given by the learned Huet, Bishop of Avranches, in his Origines de Caen (+), whore more Authorities are cited to support that Argument. From Normandy, Cider easily got into this Island. T do not think there is any Country in the World that (on the same Extent of Ground) produces so much Cider as JERSEY does, no not Normandy itself. Mr. de Samarcz his way of guessing at the Quantity throughout the Island, was, to allow one Vergce of Orchard, i. e. three quarters of an English Acre, to every House one with another, and two Tuns of Cider to a Merges. The Houses (to make a round Sum) he computed at Three Thousand, though there were then more, and the number is since increased. So he con- cluded the whole Quantity to amount to Six Thousand Tuns, or Four and Twenty Thousand Hogsheads. 'Tis not to be imagined the Island should produce the same every Year. The Years alternate. A good Year is usually succeeded by a bad One. But a good Year com- monly supplies us for that, and the next ensuing, beyond Use and Necessity, even to Excess and Debauchery. For this Vast Quantity of Cider must be wholly consumed among ourselves, very little being exported abroad, though it be the only Product of the Island of which we have an over- plus to spare (83). Many of our Orchards are planted something in imitation of the famous Quincunx (), and all of them in an Order that gives them a Beauty beyond what I have observed in Glocester or Herefordshire, where appears little Exactness (*) 'Tis supposed by the Carthaginians, who drove a great Trade in all Tarts of Spain. (t) Perroniana, in voce Cidre,f. 56. and 206. (J) Chap. X. () Cftm autemadmiraretur Lysander et proceritatcs arborum, et directos in Quincuncem ordines, &c. Cicero de Senectute, xvii. Quid illo Uuin- cuiie speciosiua, qui, in quancun que part em spectaveris, rectos est ? Quinc- tilianus dc Instil. Orat. Lib. VIII. Cap 3. DESCRIPTION OF THE ISLAND. 10G in the Position and mutual Aspect of the Trees (84). Nor is there better, larger, and more generous Fruit, than what grows in this Island ; but we have it in such Plenty (*), that 'tis not possible we should be as nice in gathering it, and improving afterwards by Art that Sea of Liquor which is drawn from it, as others are who have less. The common Practice is to mingle all, sweet and sour, too often ripe and green, confusedly together. Such Cider, kept two or three Years, or more, in large Vessels holding several Hogsheads, becomes as strong and inebriating as Wine, which the Effect it has among our People too visibly declares. Where Gentlemen are curious for their own drinking, and cull the choicest Fruit, then rack and bottle the Cider, as is done in England, it yields in nothing to the celebrated Redstreak, or rather surpasses it, in that it has more Body (f). We find by experience that the best Fruit for eating, is not the best for Cider. We prefer the bitter-sweet to all other, but the Cider requires more time in refining. Every House that has a plantation, though but of three or four Vergees, is provided with a Mill to grind the Fruit. There is first a Trough, made of six or seven great Stones strongly cemented together, and hollowed deep with the Point of the Hammer, the whole exactly circular, and of twelve or fifteen foot Diameter, In this Trough, a large and heavy Mill-stone, turned round by a Horse, stamps the Apples for a Mash. The Mash is then carried to the Press, where being very artfully piled up, the Juice is squeezed out to the quantity of four or five Hogsheads at a time. One Trough will keep two Presses going, and where there are two such in a House, there will easily be made four and twenty Hogsheads of Cider per Week. Those Troughs (here called Tours} come to us from Chauzey, a small French Island about eight or nine Leagues to the South of (*) Some single Tree* have been known to produce a Tun, or four Hogsheads of Cider. (t) Since my living in Hartfordshire, I have had some brought me from the Island, made of the Fruit growing on my little Estate there, and ordered as above, which for Colour, soft and mellow Taste, and that pleasant Flavour it retained of the Apple, was much admired by all who drank it. T 107 DESCRIPTION OF THE ISLAND. us, where is an inexhaustible Quarry of Stone 'of all other the fittest for this Use. No longer ago than Queen Mary's Reign, there was so little Cider made in this Island, that the Inhabitants were iiecessitated to apply to her for leave to import yearly from England Custom-free five hundred Tuns of Beer for their O Provision, besides one hundred and fifty Tuns more for the Garrison (85). In older and more remote Times, our Drink was Mead. Which when made strong, and for keeping, was called J'ittoe (*) ; when weaker, and for present spending, had round on the North Quarters, it is fenced against cold Blasts, by Hills rising up gradually into the Island. From the bottom of those Hills to the Town lies a flat of Meadows, watered by a 'clear Stream, which, after it has enriched them, enters the* Town, runs along some of the Streets,- nay under some of the Houses, so that by a Bucket let down through a Trap-door the- Water is brought np withf the greastest ease. How far thfr nearer Neighbourhood of another great Hill, one Prominence whereof hangs in a man- ner over the Town, may be a Benefit or a Nuisance to it; I will not undertake to decide. As 'tis a Common, it should: be beneficial, for the sake of Herbage ; and to Gentlemen and Ladies, it affords a lovely Walk, with a most extended Prospect on all Sides. This is the Hill mentioned before by the Name of St Heliei-'s Hill vulgarly, le Mont de la Ville (100). In: the Reign of Edward VI. when the Duke of Somerset had the Government of this Island, there was a talk of building a New Town upon this Httl (*) (101), and inclosing it with Walls ; which so doubtless would have been a Place of very great Strength, but destitute of the Com-- modi-ties the present Town enjoys below, as particularly of fresh Water. It seems^ as if that unfortunate great Man intended to fortify himself in these Islands against his powerful Enemies, for thus also he began a Cittadel in: Alderney, which by his Death remained unfinished. The Town, in its present enlarged State, contains about four hundred Houses (102), laid out into several wide and well-< paved Streets. In the Center is a large Quadrangular Place, faced on each side with handsome Buildings, among then> (*) Chron, MSS.-dc JERSEY, Ch. KV. DESCRIPTION OF THE ISLAND. with the Seat of Justice, called la Cohue Hoi/ale. There a Market ( 103) is kept every Saturday, more resembling a Fair than an ordinary Market, by reason of the great Concourse of People resorting to it from the remotest Parts of the Island, not only to buy and sell, but to dispatch all sorts of Business, or even purely to enjoy the Conversation of their Friends. The Town is inhabited chiefly by Mer- chants, Shop-keepers, Artificers, and Retailers of Liquors ; the Landed Gentlemen generally living upon their Estates in the Country. In short, here is scarce any thing wanting for Necessity or Convenience. Besides the Stream running through the Place, there is a farther Supply of good Water from Wells and Pumps. The Corn-market (la Halle a blej is a Piazza, under a Pile of Building supported by Pillars, where the Country-people with their Corn stand dry in all Weathers. And so likewise the Shamble (simply la Halle or la Boucherie) is a spacious Room inclosed, so that in passing the Streets, neither the Sight nor Smell are offended with dead Carcasses of Beasts, exposed on Stalls, or in open Shops, as is too common elsewhere. Whoever has observed the Difference betwixt a clean well-built Town, and an irregular jumble of Houses, with miry Streets and Lanes, (and many a Country-Market-Town is no better), will not think these Remarks trivial, or out of the way. As to the Number of Inhabitants, by taking them at a Medium of Five to every House, which seems nearest to truth, we may pronounce them Two Thousand of all sorts, without fear of erring much on either hand (104). And herein I do not include the Dwellers in the Out- Fintaines, who amount to some Hundreds more, and are Parishioners, though not Townsmen. For all these the Church in the Town, though very capacious, and filled with Galleries, is no more than barely sufficient (105.) This Description of St. Helier would not have fitted it in Mr. Camderi's Days, nor even so low as 1694, when my Book was first published ; many Particulars here mentioned, with others which for Brevity I omit, being latter Improvements. St. ^Lubin is a town of merchants and masters of ships, who DESCRIPTION OF THE ISLAN0. 118 first settled in that Place (otherwise not so proper to build on, because too much straitned between Hills and the Sea) for the sake of the adjoining Port, the best and most fre- quented in the Island. In extent and Bigness, 'tis less than St. Heller by more than one half, but vies with it in the Neatness of the Houses. For here they are almost all new, whereas among the more elegant modern ones of St. Helier, there are not a few remaining of antick Fashion, which in Comparison make but an indifferent Figure. And here also every Monday is held a Market, improperly so called, it being rather an Exchange, or Meeting of Merchants and others, about Affairs relating to Navigation and Foreign Commerce. The Town lies in the Parish of St. Brelade, and because the Church is at a Distance, with the way to it over a bleak Hill, the Inhabitants, most of them easy in their Fortunes, are building a handsome Chappel for Di- vine Service, by a contribution among themselves (106). The Port, as Nature made it, and as it was threescore Years ago, did not enough cover the Ships within, against some particular Winds. Therefore a strong and massive Stone-Work, or Pier, in imitation of that of Guernezey, has been carried into the Sea, which locks them in, and now is a safe and quiet Harbour for them. In this Pier " a Sixth- " Rate just floats at a dead Neap, and a Ship of two " hundred Tuns at all times (*)." Our Trade does not require greater Vessels than of a hundred and twenty or thirty Tuns, and for those there is always entrance at Half- Flood. Large Ships and Men of War, such as some- times visit us from England, must keep without in the Road, where is very good Ground for anchoring. The Pier joins to the Fort of St.J/ubin, and as that defends the Ships from the Violence of the Winds and Waves, so this protects them against the Insults of a Enemy (107). By a laudable Emulation, St. Heller is raising such another Great Work at a convenient Place near it ; which is so far advanced that it already does good Service, and will do more when brought to Perfection (108). (*) Mr. Lc Baslide^ Prospect of the Fort, Harbour, and Town of St. Aubin- 110 DESCRIPTION OF THE ISLAND! After so much said of the two principal Towns, it were' superfluous to enumerate smaller Hamlets, and Clusters of Houses, scattered up and down the Island ; (109) the whole being indeed so full of Habitations, that it more resembles a great Village fchan an open and Champaign Country. By looking into the Map, one may see how thick they stand in the several Vintaines. and yet the Numbers there, fall short of the present Numbers. For 'tis not less than fifty Years since that Account was taken by Mr. de Samarez, and inserted into his Original Draught, of which the Map in this Book is a Copy, and in that time the Numbers have been considerably augmented. They are doubled in the Vintaine de la faille, but 'tis not so in the rest. This in- crease of Houses is very much- owing to the Division of Land among the Children of a Family ( 1 KJ). A younger Brother, having but a few Vergtes for his Lot, shall take it into his Head to lodge himself (as the Phrase here is) upon his Little Fandj and so up rises a New House where never any was before. And an increase of Houses inferring an increase of People, it follows that these also must, in those fifty years, be multiplied in Proportion. I computed them at between Fifteen and Twenty Thousand, but must now enlarge- the Account, and allow them to be the Twenty Thousand full, and upwards. And even so, I am aware some will think the Estimate too scanty, believing them to be many more ; while others will look on it with admiration, that on so small a Spot of the Earth, there should Twenty Thou- sand Souls be found, all, excepting a very few, Natives of the Place (*). This Throng of Inhabitants, and Multitude of Hands to defend the Island, makes its Strength and Security. Therefore whatever might tend to thin their Numbers, must also in the Nature of the Thing tend to weaken the Place, (*) Thi$ distinguishes us from the Sugar Islands, Barbadoes, Ante^o, &c. said also to contain a Great People. But what People ? Slaves and Negroes, introduced from abroad, and bought with Money like Cattle, the Proprietors and Freed Mn scarce being a fourth or fifth Part of the whole ; and even thus mixed they come not njt to our Numbers. For example, in Antego, Whites aud Blacks together are at the highest but Six and Twenty Thousand, though the Island be twice as big as JERSEY. See British Empire iu America, Vol. II. pag, 175. INSCRIPTION OF TttE ISLAND. 120 and expose it to an Enemy (111). An oppressive Govern- ment, a diminution of its privileges, hardships and Dis- couragements laid on its Trade, and the like, would in time do that, and sink its Thousands to Hundreds. Were not the Island thus populous, it could not defend itself ; and nothing but great Privileges and Immunities quietly enjoyed will keep a People together, and promote their increase, who by their Situation are continually in the Mouth of Danger, But of this again, in a more proper Place (*). Buildings, both in Town and Country, are substantial and strong, being all of Stone. The common Stone of the Island is a Rag-Stone, hard and brittle, and therefore not easily brought into form. There can be no want of it in a Country that is itself but a huge Rock, covered to a greater or less Depth with a Coat of Earth. But besides that, there is in the Parish of St. John, on a hill called Mont- mado, a rich Quarry of excellent Stone, rising in great Blocks, and capable of being cut and shaped into regular Squares, like the Portland- Stone in England. The Rag- Stone singly serves tolerably well for meaner houses, and keeps the Weather out better than Plaister or Loom. But 'tis more usual to employ both sorts together ; namely, the Mont-mado for Corners, Doors, Windows, Mantle-pieces, (f) fyc. the Rag- Stone for filling up the Interstices in the Walls ; and houses thus built are very compact, and make a handsome Shew. Here and there Gentlemen and rich Merchants will have theirs faced wholly with Mont-mado, or, instead of that, with Chauzey- Stone, which comes from the little French Island of that Name mentioned before. They are both of a fine Grain, and are wrought with the Point of the hammer almost as sleek as polished Marble. The Mont-mado is of a reddish White, and the whiter the (*) In the Chapter of Privileges. (f) What the right reverend Bishop of Man, in his Description of that Island, says of a Rock there, is perfectly applicable to our Mont-mado, viz. " That out *' of it are wrought long Beams (if one may use that expression) of tough Stone, " ft* for Mantle-tree t, twelve or fifteen font long, and strong enough to bear the " weight of the highest Stack of Chimnies. Camdea's Brit. Second English Edit. Vol. II. Col. 1443. 121 DESCRIPTION OF THE ISLAND. more esteemed ; the Chauzey is of a bluish White, and with this last the Town of St. Malo, in our Neighbourhood, which' affects a Magnificence equal to the Capital of a King- dom is built altogether. France or England supply us with Lime, having none of our own ; and the latter with Blue Slate, to cover our Churches and finest Seats. But this coming pretty dear, we must for the most part be con- tented with Thatching ; which here is done with long well- chosen Wheat- Straw, as little bruised as posssible, laid on so artificially, bound so firm, and cut so smooth and even, that the Work not only looks well to the Eye, but will resist a storm of Wind, better than 1 have observed common Tyling to do in England. These JERSEY-houses, with proper Care will stand some hundreds of Years, and would much surpass the slighter Buildings of other Countries, were the Finishing and Furniture answerable to their solidity. But our People, especially the middle sort, have more regard to strength and Durableness, than to Ornament. And there is good Reason for it from the Tenure of houses and Land amongst us, which is not for a certain limited Term of Years only, like Farming in England, but a fin d'heritage, as we express it, that is to say, for ever. Hereby a Man being perfectly master of what he possesses, prudence will direct his layings out, not in things of mere present satisfaction or Curiosity only, and that will abide no longer than himself, but in such as may pass to his Children's Children^ who are to enjoy the Tenement after him. And in this View he builds substantially, and does many other things for a lasting Improvement, which one who holds only for a Time has not encouragement to do. Trade with us is subject to many ebbs and flows, according as we have War or Peace with our Neighbours. In 1694 I complained of its being ruined by the Armateurs of St. Malo, who then reigned in these Seas, and in a manner blocked us up. At lenght we ourselves took to the same course of Privateering, which, tho' gainful to some particular Persons, could not make us amends for the Loss of a peaceable open Trade, the Benefit whereof is more general DESCRIPTION OF THE ISLAND. 122 and diffusive. Since things have been quieter, we are got again into our old Track of Business, and yearly send several good Ships to New-foundland (*), (112) which from thence proceed into the Mediterranean with their lading of Fish, call at the Markets there, and bring home good returns to their Owners. This is the prime Trade we carry on abroad ; and as none is fairer, and less liable to Objections, 'tis evidently our Interest to pursue it with greater Application than any other. There is a dishonest clandestine Trade, too much grown into Practice every where, and England has sometimes (though I verily think without good Foundation) conceived a jealousy and dis- trust of this Island on that account. So far as I understand, what there is here of that kind, is at least to the advantage of England. I mean the running of Tobaccos into France, which increases the sale and Consumption of an English Commodity. Yet neither do we run those Tobaccos our- selves, or do it very rarely ; but they among the French who allow themselves in that Way, come and take them of us (113). We have but one constant standing Manufacture for Exportation, namely that of Knit Hose or Stockings, of which many thousand Pairs are weekly made in the Island (f ) and sold at St. Helier every Saturday by the Knitters to the Merchants ; who heretofore used to carry of send them to Paris and Rouen, and even as far as Lions, in France, and there had a good price for them. But when the famous Colbert set himself to advance the Commerce and Manufac- tures of that Kingdom, he caused so high a Duty to be laid on this Traffick as amounted to a Prohibition. London is the present Market for them, from whence they are with other English Goods dispersed into various parts of the World. The Wool they are wrought with comes to us from England, two thousand Tods uncombed being by Conces- sion of Parliament allowed us yearly, for supporting the (*) The last Year, 1731, there went out seventeen Ships, with fifteen hundred Men ; and this Year, 1732, the number of Ships is increased to seven and twenty. (t) Mr. Poingdestre computed them at ten thousand, but Mr. de Samarez at less. V 123 DESCRIPTION OF THE ISLAND. said Manufacture, and employing our Poor (*) (114). And England is no loser by that Concession. For whereas it takes little or nothing of us save those Stockings, we draw from it all sorts of Mercery and Grocery Wares, Houshold- goods, Leathers, Corn, Newcastle-Coal, &c. which must be answered with Money, where the produce by the Stockings is deficient, as it always is, and always will be, to the amount of considerable Sums. This should be a caution to our People to import only things of Necessity and none of Luxury, lest the Ballance turn too much against them, which in the end would prove fatal to the Island. Our Fore-fathers lived well though they traded less, because their Manners were modest, simple, and frugal. Estates in Land cannot be great in a Country where there is so little of it, and seldom to be bought under thirty years purchase. So that what is merrily said " of ,a " Gentleman's walking in a morning some Miles outright " on his own Grounds for his Health" is a piece of Wit quite lost amongst us, no Gentleman in this Island having so extended a Walk on his own Property. 'Tis a work of Time and of great Industry, to enlarge an Inheritance here ; and when done 'tis most commonly so by acquiring Rents charged on other Men's Estates. A Rent-Charge is not a thing unknown in England, but here those Rents are differently constituted, being -made payable in Corn, or things of the like Nature. Such a Rent may originally be created thus. A Man who wants Money, sells (for example) a Quarter of Wheat upon himself, that is, binds himself and his Heirs for ever, with the annual Payment thereof ; and this same Rent shall perhaps afterwards pass from the first Purchaser through many Hands successively, every Seller still guaranteeing the Buyer. Thus again the Pro- prietor of a Tenement with Land lets it out to another, for so many quarters of Wheat for ever yearly ; nay, though it be but a House, with not a foot of Land to it, as in the Town, 'tis let in the same manner for a Rent in Wheat, (*) Slat. 12. Car. 2. Cap. 32. A like allowance to Guernezey of a thousand Tds t to Alderuey of two hundred, to Sark of one hundred. DESCRIPTION OF THE ISLAND. 124 which seems absurb, yet is our Practice. The Term for payment of these Rents is Michcclmas, from whence to St. Latvrence's Day next following (*), they may be paid m specie. After that, it must be in Money, according to a certain Rule or Standard set by the Royal Court ; which always meets upon that Day, and from an Account laid before it of the several rates that Corn has been sold at in the Market every Saturday throughout the Year, determines the price of the Rents remaining unpaid. Now then when 'tis asked what Estate a man has in this Island, the question is not, how many Pounds, as in England, or how many Livres as in France, but how many Quarters of Wheat he is worth yearly. And this makes Estates with us somewhat variable and uncertain, seeing they must rise and fall according to the price of Corn each year in the Market (115). A JfiRSEY-Estate of a Hundred Quarters of Wheat, may be supposed pretty near equal to one of seventy Pounds in England ; and he that is worth two or -three hundred such Quarters, is called a Rich Man in this Island. Gavelkind, or the Partition of both real and personal Estates among Sons and Daughters, is our ancient Usage, and destroys many an Inheritance, by mincing it into several parcels ; which peradventure in the next Generation, shall be subdivided again into still lesser Portions, and so on, till an Estate is reduced almost to nothing (116). In short, he who is ambitious of raising a great Estate, must look out for another Country, for 'tis not to be done in this Island. But a Man of moderate Desires (and ought not every Christian to be such ?) may enjoy himself very comfortably in it, always supposing Peaceable Times. The cheapness of Things makes a little Money go a great way,; and the Exemption we enjoy from Taxes, and Impositions on what a Family consumes, renders a small Estate equi- valent to one of better value elsewhere. The Language is French. Divine Service and Preaching, Pleadings- in Court, Public Acts, Conversation among the more genteel and well-bred, all these are in good French ; (*) August 10. 125 DESCRIPTION OF THE ISLAND. but what the Vulgar do speak, is confessedly not so. Yet even That is not so properly a corrupt, as an obsolete and antiquated French. For, excepting the viciousness of Pro- nunciation, it seems to be the very same that obtained in France in the Reigns of Francis I. and Henry II ; as appears from the Books and Writings of that Age, wherein one finds abundance of Words, retained to this day by our People, which a police modern Frenchman would not use, perhaps does not understand (*) (117). All Languages are subject to change, but none has undergone more or greater alterations than the French, whether for better or worse is not agreed among their own Writers ; some of whom complain that their Language has been impoverished by too much refining it, and casting off Words of great usefulness and significancy. After all, there are spoken in many Provinces of that Kingdom various Jargons, not a whit better than the worst amongst us ; and what is said by them of them- selves, que les gens de Qualite, et les gens de Lettres,parlent bien par tout, i. /B. that People of Fashion, and Men of of Learning, speak well every where, is (I trust) no less applicable to others. It ought not therefore to deter English Parents from sending their Children hither to learn French, though at the hazard of carrying back a few less modish and less elegant turns of Speech, which Books and good Company will easily correct afterwards. Here, they will be out of the way of Men who who lye in wait to deceive, and their Religion and Morals will be safe, which cannot be said of the Places they go to. Add to this, a saving and lessening of Expence. Albeit French be our ordinary Language, there are few Gentlemen, Merchants, or considerable Inhabitants, but speak English tolerably. The better to attain it, they are sent young into England. And among the inferior sort, who have not the like means of going abroad, many make a shift to get a good smattering of it in the Island itself. More especially in the Town of St. Helier, what with this, what with the confluence of the (*) As crasset, fora lamp to burn oil in ; kuche,for& large wooden coffer ; with innumerable others. DESCRIPTION OF THE ISLAND. 120 Officers and Soldiers of the Garrison, one hears well-nigh as much English spoken as French. And accordingly the weekly Prayers in the Town- Church, are one Day in French, and another in English. In this Island are many very Ancient Families, not only among the Qualified Gentry, but even among those of a middle rank and degree. Of which latter there are some of several hundred Years standing, as all our Records, and particularly the Old Extent of 1331 (*), plainly testify. This is owing to the Perpetuity of our Tenures, not subject to removes and changes, as in other Places, where by fre- quent Transmigrations such Families soon wear out of remembrance, and their Original is forgotten (118). Gentlemen possessed of the principal Seigneuries or Manners (for they are not all of equal regard or Dignity) have the same civility paid them as in France, of not being addressed to by their Family-Name, but by that of their Sei- gneurie, which gives them a character of Distinction. Thus of the Name of Carteret there are the Seigneurs de St. Ouen, de la Trinite, de Vinchettz, &c. of that of Bandinel, the Seigneur de Melesche ; of that of Dumaresq, la Dame de Samarez, the Seigneur des Ingres ; of that of Lempriere, the Seigneur de Dilament ; of that of Pipon, the Seigneur de Noirmant ; and so of others. The Family-Names are mostly Norman, some Breton, with a few English from King John's time downwards (119). (*) 'Tis a Rent-roll, or Register of such as held Land from the Crown, An. Vto Ed. III. wherein are preserved the Names of Families then in being 1 , and that have subsisted ever since in statu quo, which is an Antiquity of no less than four hundred Years. And it not being amiss to give one instance at least of a thing scarce seen elsewhere, I shall give it in my own Family, with which I may be freer than with another. The Extent is in Latin, and what follows is extracted from it. In Parochia Sancti Salvatoris. xxxxxxx Johannes Falle, sen. [solvit Domino Regi] pro un& Bovetd cum pertinent, et cum particibus suis ad Fest. Sti. Mich. ii. Sol. viii. den. ad Fest. Pasch.ii. Sol.viii. den. ad Fest. Sti. Pauli. ii.Sol. viii. den. per an. viii. Sol. Johannes Falle jun. idem. Ricardus Falle. idem. Thomas Falle, idem. CHAPTER III. Military Government. The chief Officer in this Island, he who more immediately represents the Person and Authority of the Sovereign, and has the precedency of all others, is the Governor. Whilst the Island was subject to the Kings of France of the first and second "Race, the Governors were stiled Comites ami Duces, i. e. Counts and Dukes. Thus Loyescon, who com- manded here in the time of Clotaire and Cherebert about the Year 560, is called Comes, a Count ; as we learn from the compilers of the Life of St. Magloire, the Apostle of this Island (*). And Amwarith, who had the same command under CJiarlemagne two hundred Years after, is called Dux, a Duke ; as appears from the passage alledged before (t) concerning Geroaldus, Abbot of Fontenelle, that, is quadam Legationefungebatur in Insuld cui Nomen est AUGIA [i. e. JERSEY] cui tempore illoprcefuit Dux nomine Amwarith (+), Under the Dukes of Normandy, and the first English Kings after the Conquest, the Government of all these Islands was usually given to one Man, called sometimes Dominus, sometimes Ballivus, sometimes Costos Insularum, i. e. Lord, Bailly, and Warden of the Islands. But Henry VI. gave them, together with the Isle of Wight, to Henry de Beauchamp, Earl of Warwick, with a very extraordinary Title, viz. that of KING, as is said in an ancient Manuscript Chronicle of the Abbey of Twekesbury cited by Mr. Selden in his Mare Clan-sum (), which speaks thus. Obiit Do- minus Henricus nobilis Dux Wariehiae, et primus Comes Anglia?, Dominus le Dispenser et de Abergavenny, REX de Insulis Wight et Gardsey et Jardsey, Dominus quoque Cas- (*) See hereafter iii the Chapter of Religion. (t) Pag. 4. (Jj Neustria pia in Font a o el. Cap. viii. pag. 15& () Lib. II. Cap. XIX. pag 375. MiLITARY GOVERNMENT. 128 In Bristolice cum suls annexis, iij. Id. Junii A. D. 1446. (Ctatis sufB XXII . apud Castrum de Hanleya, t e scpultus est in media Chori Theokesburias. When the Islands were separated, and particular Governors assigned to each, they were stiled Captains, and at last Governors, which Title was fixed by a special Order 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 I. John Earl of Mortain, afterwards King, who had these Islands settled upon him in the nature of an Appanage by Richard I. his Brother ; 2. Prince Edward, afterwards King Edward I, Son and Successor of Henry III, who enjoyed them in the same right in -the Life of his Father ; 3. Edward Duke of York, Son of Edmund Duke of York, who was fifth Son of Edivard III. This Prince was slain at the Battle of Azincourt in 1415 ; 4. John Duke of Bedford, Brother of Henry V, and Regent of France, where he died, and was buried at Rouen ; 5. Humphrey Duke of Glocester, Brother also of Henry V. He was Murthered at St. Edmunds-bury, and lies in the Abbey-Church of St. Albans. From the time of Henry VII, JERSEY has of itself been a distinct Government. His coining into this Island, as mentioned in the First Chapter, gave that Prince the opportunity of acquainting himself with our Affairs ; and then very probably he saw the inconvenience of committing the Regimen of all the Islands to one Person (120). At his Accession to the Crown, he found that Post filled by Sir Richard Harliston, who had so seasonably assisted Philip de Carter et in recovering Mont-Orgueil Castle from the French. That Gentleman was a Partisan of the House of York, yet in regard of the good Service he had done, the King would not remove him. But he did that himself some Years after, by weakly giving Credit to the Imposture of the Dutchess of Burgundy and her Perkin-Warbeck. For at her call he went into Flanders to serve that interest, and never returned. In all other respects he was a worthy Man. A Tower built by him in Mont-Orgueil Castle and 129 MILITARY GOVERNMENT. from him called Harliston's Tower, will preserve his Name amongst us whilst that Castle stands (121). Matthew Baker, Groom of the Bed-chamber to the. King, was then made Governor of JERSEY, and another appointed for Guernezey and the smaller Islands. But the wise King was deceived in this Man, though one would think he might have known him better, having had him so near his Person. He behaved so ill, and was pursued with so loud a cry from the Island, that in the end he was ejected ; and from his abuse of Power the King took occasion to moderate that of future Governors, by depriving them of the Nomination of the Bailly and other Officers of Justice, of which again by and by. Thomas Overay, by education a Merchant, and several times Mayor of Southampton, thence taken into the Court. This proved one of the best Rulers we ever had. Without being deficient in any thing belonging to the Military Part of his Office, he more earnestly applied himself to make his knowledge in Trade useful and beneficial to the Island, so that it flourished in his Time, and as our Chronicler speaks (*) devint riche et opulente, i. e. grew rich and wealthy. He constantly resided on his Government, lived beloved, and at his Death was followed with Lamentations and Tears to his Grave in St. George's Chapel within Mont- Orgueil Castle, where he lies interred. Sir Hugh Faughan and David Ph 'dips were joined in one Patent, but not agreeing, the latter on some Considera- tions surrendered to the former, who remained sole Governor. A Man of low birth and extraction, yet in great grace and favour with Henry VIII, for some uncommon feats of bodily Strength and Valour. His Character has been given already. After his Expulsion, the King in mere pity allowed him out of the Revenue of the Government two hundred pounds a Year for a Subsistence ; a great fall for one who is said to have been at one time Captain of the King's Life-Guard, Lieutenant of the Tower, High-Baily of Westminster, and Governor of JERSEY (122). (*) Chron. MSS. de JERSEY. Ch. XIV. MILITARY GOVERNMENT. 130 Sir Anthony Ughtrcd, nearly allied by his Wife to Queen Ann Rolcyn, and not unworthy of that Alliance. He had been Governor of Berwick, and eminently serviceable in the Scottish Wars. Notwithstanding his relation to the Court, and what farther expectations he might have from it, he lived and died in the Island, and was buried in St. George'* Chapel with his Predecessor Overay. Sir Arthur Darcy held the Government not long. The Lord Vaux was ambitious of having that Employment, and withal so imprudent as to part with a good Bstate in North- amptonshire to Sir Arthur in exchange for the same, even before he was assured whether the King would, or would not, Confirm the Convention between them two. When he came to apply for that purpose, the King plainly told him he ivould not trust the keeping of such an Island as JERSEY to one who could not keep his own Lands ; yet gave him leave to demise the Office to a third Person whom his Ma- jesty should approve, and to receive a Recompence for it. Sir Edward Seymour, Viscount Beaucamp, was the Pur- chaser ; whose great Rise afterwards, even to the Protector- ship, not allowing of his coming amongst us, he governed us by Deputies, being ever ready to hear favourably the com- plaints for which they too often gave occasion, and to do the Inhabitants justice (123). When the good Lord fell into his troubles, he willingly resigned the Government to Sir Hugh Paulet, in whose Family it continued during 3 Generations. For to Sir Hugh succeeded his eldest Son Sir Amias ; and to him likewise his eldest Son Sir Anthony. The two first, Men of great note in their time for Political Wisdom and Abilities, and acordingly much trusted and employed by King Edward VI. and Queen Elizabeth in their Negociations and Councils. Zealous Promoters of the Reformation .of Religion in this Island, but too much leaning to the Puritan Scheme, as will appear hereafter. Sir Walter Ralegh came in after the Paulets the Year only before his Royal Mistress Queen Elizabeth died, and was attainted the first of King James, so that we were soon W 131 MILITARY GOVERNMENT. bereaved of the happiness we promised ourselves under so excellent a Person. His bare name in the List of our Governors, does honour to the Island (124). Sir John Peyton is next, betwixt whom and John Heraut, commonly called Monsieur de St. Sauveur, a Man of Spirit, happened a very warm Contest about the Place of Bailly, of Which the last stood possessed by a Grant from the Crown ; the Governor insisting on a Power by his Patent to dispose of the Place, and to put in and out whom he thought fit. And true it is that anciently the Governors had such a Power, but Henry VII finding it abused, and grown ex- orbitant, suppressed it, and reserved it to himself, by an express Article (*) in his Ordinances, which says, That the King shall have the Nomination of the Bailly, the Dean, the Viscount, and of his Procurator (i. e. his Attorney General) in the said Island ; and that neither the Captain (i. e. the Governor) nor the Jurats, shall in any wise concern themselves, or intermeddle, in the dispo- sition of those Offices, whereby even the Liberty of recommending seems to be interdicted them. In consequence of this Law (for those Ordinances were given to us for Laws, as has been said in another Place) the Clause in former Patents, that allowed the Governors constituere, facer e, et depvtare omnes et singulos Officiarios in prcedictd InsulCi necessaries et consuetos, was dropt for a Time, and upon Vacancies application was made directly to the Crown. I say, for a Time ; For by Some Collusion at the Seals (how else it could be done, I conceive not) the subsequent Governors found means to get the impowering Clause inserted again, and in Sr. John Peytons^s Patent it ran thus, constituere, facere, et deputare Officium Ballivi dictce Insulce, et omnes et singulos Officiarios in prcvdictd InsuUi necessarios et consuetos ; where the Office of Bailly is drawn in, which was not in the general Clause before. Here then lay the Point in dispute, whether the Ordinance of Henry VII, ratified by his Son and Successor Henri/ VIII, or the Patentary Clause, should stand ; which being brought before (*) 'TistheXIXth. MILITARY GOVERNMENT. 132 King James and his Council for a determination, the former carried it ; with the addition of another Office withdrawn from the Governor's Nomination, namely that of Advocate, or Sollicitor General, and there the Matter has rested ever since. See the King's Pleasure signified thereupon, in the Appendix, Numb. Ill (125). Sir Thomas Jermyn, a great Courtier in that Reign, had in Sr. John Peytons's Life-time obtained the Reversion of the Government, which at the other's Death fell to him accordingly. He enjoyed it long, and by a like Reversion transmitted it to his younger Son Henry Jermyn, afterwards Earl of St. Allmns. This Lord was Chamberlain to Queen Mary, Consort of King Charles I, and attended her into France, where he remained with her Majesty, as chief Director of her Family, until the Restoration. In the mean time the Island being threatned with an Invasion from England by the Rebels, (126) Sir George de Carteret, who till then had only the Lieutenancy under the Earl, was added to him in the Par- ticipation of the Government, with equal Authority in all Things. Wherein no inconvenience could happen through a concurrence and jealousy of Command, because Sir George was alone upon the Place ; of whom, and the noble defence he made against the Rebels, a large account has been given before. The Troubles being over, and the King restored, the Partnership ceased,and the Government remained solely in the Earl ; a farther Grant whereof, in Survivorship after him, he had interest enough to procure for Thomas Jermyn Esq ; his eldest Brother's Son, whom in the interim he made his Deputy. But the imminent Danger of the Island in 1665; spoken of in the Introduction, calling loudly for a Soldier of Name and Reputation (which the Earl was not) to command in the Place, it was proposed to give him one thousand Pounds a Year out of the Exchequer, in lieu of the Profits of the Government, and that another should go in his stead with a Special Commission, reserving to him and his Nephew their respective Rights entire and untouch- ed, in which he acquiesced. 133 MILITARY GOVERNMENT. Sir Thomas Morgan was the Brave Man thus Commis- sioned, whose great Merits towards us have been remembered in the aforesaid Introduction, and need not be repeated here. I shall only say this farther of him, in commendation of his great Vigilance and Care of his Charge, that he never allowed himself to be long absent from it ; and would sit whole days on the Carriage of a Cannon, hastning and en- couraging the Workmen employed in the New Fortifications of Elizabeth- Castle, which were carrying on under his Order and Inspection. Though he fell not in Battle, he may be said to have died in the Bed of Honour, by dying on his Post, i. e. in the Island, after he had put it in a better State of Defence, and every way on a better Military Foot, than it ever had been before. He dead, a like Commission was directed to (127) Sir John Lanier, another brave Officer, who had dis- tinguished himself in that Body of English Auxiliaries which served some time in France under the unfortunate Duke of Monmouth, natural Son of King Charles II. Among those Troops did the more fortunate Duke of Marl- borough himself first learn the art of War. Sir John, after the fatigue of several Canipagnes, and the loss of an Eye, would gladly have set up his Rest with us, and pursued Fortune no farther. But it was not given him so to do. For the Earl of St. Albans dying, his Nephew, now Lord Jermyn, claimed the Government, or to have the thousand Pounds yearly Pension continued to him, one of Avhich could not be denied him. King James II. was then on the Throne, who, to spare his Exchequer, chose to let his Lord- ship enter upon the Government, and recalled Sir John, to whom he gave a Regiment of Horse. To finish the account of this Gentleman, by going early into the Revolution he preserved his Command, was sent into Scotland to take in Edinburgh- Castle, assisted in the reduction of Ireland, and serving under King William in Flanders as one of the Generals of Horse, lost his Life at the Battle of Stein-Kirk in 1G92 (128). MILITARY GOVERNMENT. 134 Thomas Lord Jermyn had long before, viz. whilst he was Deputy to his Uncle, intitlcd himself to our respects by the Easiness and Affability of his Manners. His natural good Understanding did also in great measure supply his want of Experience in Military AfTairs. Humanity and good nature were his proper Character. He died (129) in the second Year of Queen Ann, and in him ended that Courtly Family of the Jermyns possessed of a Reversionary Right to the Government of this Island ever since the beginning of the Reign of King James I. To this Lord inclusively, and then living, I brought down the Succession of our Gover- nors in the First Edition of my Book, and am now to add Henry Lumley Esq. ; only Brother of the late Earl of Scarborough ; first, a Colonel, then General of Horse ; " present at every Battle, and every Siege, with King " William, or the Duke of Marlborough, in twenty Cam- " pagnes, in Ireland, Flanders, and Germany" as the Inscription on his Monument declares (*). What rais'd the Glory of this gallant Man, viz. his great Employments in the Armies abroad,turned very unhappily to our Prejudice. For as those were pleaded in excuse for not visiting his Government, never seen by him unless in the Map, so it must be a great loss to us, to have year after year the whole Income of the said Government drawn out of the Country ; which not abounding in Money, did then, and will always very sensibly feel such a Drain and Export (130). We cannot however but acknowledge his readiness to serve the interests of the Island on all other occasions, and his Civi- lity to the Inhabitants whose affairs in England needed at any time his Countenance and Favour. The right honourable Sir Richard Temple, Lord Viscount Cobham, the present Governor. This Office has been held sometimes quamdiu Domino (*) In Sabsworth Church, Hertfordshire- See the whole Inscription in Dr. Salmon's History of that Count y- pag. 266. 135 MILITARY GOVERNMENT. Kegi placuertt (_*), sometimes quandiit se bene gesserit (f) r sometimes for a certain and determinate number of Years ( ), sometimes during Life (), at other Times during Life and some odd Years beyond it (||), and again, without condition- er limitation of Time (If). To support the Dignity of this Office, the King allows the Governor his whole Revenue in the Island, a small part thereof deducted for Fees and Salaries to the Officers of the Civil Jurisdiction. In ancient Times, this Revenue consisted in seven Manners, the Patrimony of the Dukes of Normandy, by Henry II. let out in Fee-farm to sundry Tenants, at the yearly rate of four hundred and sixty Livres tournois (131); as also in diverse other Money-Rents, specified in the Old Extent (a) made an. 5. Ed. 3. by Commissioners sent to inquire into the State of the Royal Demean ; all together to the amount of more than a thou- sand Livres tournois annually, a Livre tournois (Libra Turonensis) being then as much as an English Pound sterling is now. And besides, there belonged to the same (*) Richardus Grey, Gustos lusularum f an. 10. //. 3. Hugo de Sancto Phileberto, Custos de JERSEY, eod. anno. Wilhelmus de Sancto Johanne, Cunt. Insular, an. IV. H. 3. Arnauldus de Sancto Amando, & Philippus de Carteret, Custodcs Insular. an. 16. H.3. Philippus de Albimar, & Wilhelmus de Sancto Johanne, Custndes Insular eod. anno. Johannes des Roches, Cust. Insular an. 2. /.'. 3. Thomas Hampton Cust. Insular, an. 15. E. 3. (f) Richardus Harliston, Capitaneus de JERSEY, an. 17. . 4. Hugo Vaughan Capit. dc JERSEY, an. 17. H. 7. (J) Thomas de Ferrariis, Gust. Insular, pro termino 6. aanorum an. 12. E. 3. Idem iterum Cust. &c. pro term. 5. aunorum. an. V7. E. 3. Johannes Nunfan, Cust. Insular, pro term. 5- annorum & dim id. an. 31. H. 6. Id. iterum Cust. &c. pro term. 10. annorum. an 36. H. 6. () Huge Calvilegh, Cust. Irsular.an. 50. Ed. 3. Johannes Golafre, Cust Insular an, 11. R. 2. Edmundus Comes Rutland. Custoslnsular.au. 20. R.2. Matthams Baker, Capit. de JERSEY an. 3. H.7. Thomas Overay, Capit. de JERSEY, an. 15. H. 7. Antonius Ughtred, Capit. de JERSEY. a. 17. H. 8. Arthurus Darcy, Capit. de JERSEY, an- 25. H. 8. Thomas Vaux, Domiuus de Harrowden, Capit. de JERSEY, an. 27. H. 8. Edwardus Seymour, Vicecomes Beauchamp, Capit.de JERSEY, an. 28. H. 8. Hugo Paulet, Capit, de JERSEY, an. 4. E. 6. Annas Paulet, Capit. de JERSEY, an. 13. Eliz. Antonius Paulet, Capit. de JERSEY, an. Eliz, Walterus Ralegh, Capit. de JERSEY, an. 43. Eliz. Johannes Peyton, & Thomas Jermyn, Gubernatores de JERSEY, an. 1. Jac. I. Henricus Domiuus Jermyiij et Georgius de Carteret, Gubcrnat. de JERSEY, an. (||) Olto de Grandisono, Cust. Insular, au. 5. E 1. (^[) Edmundus Rosse, Cust. Insular, an. 47. E. 3. (a) See above, pag 183. MILITARY GOVERNMENT. * 13G Revenue several parcels of Lands and Meadows, Wheat- Rents, Wardships, Services, Escheats, Forfeitures, Fines, and other Emoluments, certain and casual, not reckoned like the others in Money, which, with them, made up a pretty Estate for the King in so small a Country. But now, the Livre tournois, according to which the Money-Rents were then valued, is fallen so low, that the abovesaid thousand Livres tournois are brought under one hundred Pounds sterling ; and many Alienations have been made of the Crown-Lands and Rents, some begg'd, others sold, particu- larly by King Charles II, to supply his Necessities in his Exile. At present, the Revenue consists principally in the Corn-Tythes of ten Parishes (*), which having been appro- priated to diverse Religious Houses in Normandy in time of Popery, were by Henry VIII, vested in himself and his Successors (132). By a latter Extent, the whole is com- puted at fifteen thousand Livres per annum ; for the collect- ing whereof the Governor appoints a peculiar Officer, stiled le Receveur du Roy, i. e. the King's Receiver. Our Kings heretofore were wont to dispose of this Revenue more thriftily than they now do, laying on it the whole Charge of the Garrison (f) (133), causing the remainder to be accounted for in their Exchequer, and out of That allow- ing a proportion to the Governor, greater or less, as he could agree, or had an interest in the Prince's favour. Thus John des Roches, Warden of the Islands in the Reign of Edward III, had only the short allowance of forty Pounds a Year (+). The more usual way was to let the Governor (*) The Tythes of St. Saviour are annexed to the Deanry. Those of St. Hclier were begg'd by Sir Edward de Carteret, Cup-bearer to the Duke of York, afterwards King James II. (134) (f) This is to he understood of the ordinary Garrison, extraordinary and contingent Charges being born by the Crown. (|) In Memorand. Scaccarii de an. 5. Regis Edw. 3- inter Brevia, &c. Rex Thesaurariis et Baronibus stiis de Scaccario, sal tit em. Mandamus vobis quod dilecto et fideli nostro Johanni des Roches, 'nupcr custodi Insu- larum nostrarutn de JERESEY, Gnerneseye, Serk et Aurciiey, quadraginltt Libras per annum, pri> feodo stio, de tempore quo Custodiam Insnlarnm earundem ex Commissione nostra habnit, in Compotosuo ad Scaccariiim pr?edictum allocari faeiatis. T. meipso apud West in. 21. die Decemb. an. Regni nostri 4, 137 MILITARY GOVERNMENT. receive the whole, paying a certain Sum out of it. And so Thomas de, Ferrariis, and Thcmas de Hampton, in the same Reign, were charged each with five hundred Marks. The last that had it with these Deductions, was Sir Thomas Jenny n, charged with three hundred Pounds. But this Management was not constantly the same. For Phillip de Anbigny , Drogo de Ba.rent.in, Otto de Grandison, &c. in the times of King John, Henry -III, Edward I, &c. enjoyed all the Profits, as the Governors do at present sine computo. So did those Sons and Brothers of our Kings, mentioned before, who seem to have had the entire Regalities of the Islands given up to them in the amplest manner ; therefore not improperly called Domin i Insularum, i. e. Lords of the Islands. See the Grant to the Duke of Bedford, brother of Henry V. in the Appendix, Numb. IV. The Power of the Governors has likewise been greater or less, as their Commission has at different times been either enlarged or restrained. Anciently the governor was a person of a Mixt 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, and Garrison. Which Mix,t Power the Title given him of Bailly (Ballivus) (*) was construed to imply and declare. For though the Word Bailly does now sound low and mean, and in an English Reader raises no great Idea of a Person in that Employment, yet in former days the said Employment was very highly and very honourably accounted of, and is so still by the French t among whom we are to seek for the Meaning and acceptation of Names of Office (*) An 10. A. 3. Dominus Rex commisit Ricardo de Gray Insnlas de JEUE- 9EYE & Gerneseye, cum aliis Insulis & Castris Domini Regis ibidem custo- dicndas, &c. T. R, apud Westm. &c. Et mandatuni est militibus, liberis homiuibus, & omnibus aliis existentibus in eisdem Insulis quodeidcm Ricardo, tanquam BALLTVO Domini Regis, in omnibus ad praedictas Insulas pertinen- tihus, intcndentes sint & respondentes. In cujus &c. T. ut sup. Eod. an. Dominus Rex commisit Hugoni de Sancto Phileberto Insulam de JERE- SEY,cum castro ibidem, custodiend. &c. et mandatum est militibus &c. quod ci tanquam BALLIVO Domini Regis &c, T R. apud Westm. 12. die Febr. An. n. H, 3. Dom. Rex commissit Wilhelmo de Sancto Johanne Insulas deJEREsEYE & Gerneseye, cum aliis Insulis & Castris suis ibid. Cnstodient. &c. T. R. ap. Westm Et mandatum est militibus &c. quod eidem Wilhelmo tanquam BALLIVO Domini Regis &c. T. ut supra. MILITARY GOVERNMENT. 13S now or heretofore used in this Island. Ballivm (says the learned Spelman) apud Gallos splendidus Mag'tstratus est. Apud nos (Anglos) honestioris scope notce, sed plerunque minister infimus (*). And because in France (where the Provinces are generally divided into Bailliages and Sencs- chaustes, Jurisdictions well nigh the same) the Bailly sits on the seat of Judgment, not in a Gown, after the manner of other Judges, but with a Sword by his Side, therefore he is said to be un Magistral de VEpee (135), i. e. Magistrate of the Sword. Such a Magistrate was the Governor here, trusted both with the Military and the Civil Sword ; thence also called Custos, i. e. Warden or Guardian, as being both Gustos Terrce, and Custos Legum, i. e. Guardian of the Land, and Guardian of the Laws. In process of time he reserved the exercise of the Military Part alone to himself, transferring the Judicial to another, who thereby gained possession of the Title of Bailly, while he himself retained the sense and meaning of the Word in the Name of Custos, or Warden. Thus, that Office which at first was but one, became two ; yet so as he who had the Judicial Part, and was now called the Bailly, was still a Dependant and Crea- ture of the other. So were the other Ministers of Justice. "V\ hich was a grea-t obstruction to a free Course of it, since they must be at the beck and devotion of him from whom they derived their Power. King John began, and King Henry VII completed the establishment of a Jurisdiction wholy independant from the Governor ; the latter taking away from him the Nomination of the Bailly , and of the other Officers of the court, as has been said more than once before ;^and absolutely forbidding him in any wise or by any means to interpose in Matters that were of the Cogni- zance of the Civil Tribunal (f). But though the Governor has no proper Jurisdiction, yet, in regard of his Dignity, his (*) Glossar. in voce Ballivus. Vid. cliam Du Fresne Glossar. sub voce liajulus. ubi et haec inter csetera. Ballivi dicti, quibus justitiae in Provinciis, et mujoribus Civitatibus, administrandie c&ra a Principe demandata erat - ji Comitum vicem subiere, qui prima et secunda Regum nostrorum stante stirpe, id muneris obibunt quod postmodum Ballivi. Ex ordine Militum seligebantur Ballivi^ &c. (t) Ordin. Art, VII. 139 MILITARY GOVERNMENT. Presence is often required in court (136), and is in some sort necessary for the passing of some acts there ; namely, 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 Bailly and Jurats with his Authority in the Execution of their Judgments. He has power, with the concurrence of two of the Jurats, to arrest and imprison any Inhabitant upon vehement suspicion of Treason. No Inha- bitant may go out of the Island, no Foreigner may sojourn or settle in it,without his knowledge and privity. No Convention of the States can be held, nor any Matter therein transacted without his consent ; but this with some Restrictions, of which more hereafter. On the other hand, t his Admis- sion, 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 (137). See his Oath in the Appendix Numb. V. His more peculiar and immediate Province is the Custody of his Majesty's Castles, with the Command of the Garri- son, and of the Militia of the Country, which last he models and regulates at his Pleasure. Elizabeth-Castle is now, what Mont-Orgveil was hereto- fore, the principal Fortress of the Island ; as considerable for Natural Strength, extent of Fortifications, and all the necessary Furniture and Appendages of a Garrison, as any England has to boast of at home or abroad ; with us vulgarly called le Chateau de I* Islet, or simply V Islet Cq. d. Insulettd) because standing on a small Island, and taking up its whole Circuit, little less than a Mile. This Castle is not the Work of one Time, nor of one Reign, as the preceding History shews. The first design of it was laid in 1551, the fifth of Edward VI, in pursuance whereof all the Bells in the Island (*), reserving only one to every Church, were ordered to be taken down, and sold, for defraying part of the Charge. In 1586 and the" Years following, under the (*) It has been reported, that the Ship which teas carrying the Bells to St. Malo for sale, sunk suddenly going out of the Harbour, and some have ventured to call that Accident a Punishment on Sacrilege. MILITARY GOVERNMENT. 140 long Regency of the Paulets, the Upper Ward, which properly is Queen Elizabeth's Castle, was built ; every House in the Island contributing four days work towards it. The Lower Ward is King Charles the First's Castle, begun 1626. Charles-Fort was added during the Troubles. Last of all, the Green was walled in on the menaces of the French in the War of 1665. All which particulars having been mentioned before, need no farther enlargement. A Regular Fortification, in the strict sense of the Word, it is not, neither could be, by reason of the necessity of following the Flexures and Sinuosities of the Ground, in order to take it all in, and leave nothing without for an Enemy to set his Foot upon From the nearest Land whence it may be batte- red, as it was by the Rebels in 1651, after a Breach made (if a sufficient Breach can be made at so great a distance) the Assailants must wait the Fall of the Tide, then march three Quarters of a Mile over the Sands e're they come to the foot of the Walls, exposed all the while to all the Fire from thence, and carry their point in few Hours, or be over- whelmed by the flowing back of the Sea. So that if there be a place impregnable by its situation, one might presume this to be such. If its being taken by the Rebels be object- ed, I refer to the Relation given above of that Matter. But the shortest answer is, that 'tis now in quite another state and condition of Defence than it was at that time. Much has been done to it since, and much is doing daily ; the Honour- able Board of Ordinance, apprized of its importance, allowing very liberally, not only for necessary Repairs, but likewise for all fitting Improvements (138). I wish I could give the same account of Mont- Orgueil, so famed in our Old Story, and of an Antiquity beyond our earliest Records. But that noble Castle, under whose Walls the French have so often digged their Graves, has much lost of its Reputation, through the unhappy neigh- bourhood of a Hill somewhat overawing the Rampart ; an Inconvenience less regarded in former Days, by reason of the wide and deep Vale interposing betwixt the Hill and the Castle, which hindered Approaches. 'Tis now in a 141 MILITARY GOVERNMENT. manner slighted, and considered as indefensible. And yet that great Soldier, Sir Thomas Morgan, did not judge it altogether so. All his time it was kept well mann'd, and in good Order. But possibly our Superiors may think it need- less to maintain two grand Fortresses in so small an Island, and in that case there can be no dispute which of the two ought to have the Preference. The Castle stands (and will long stand, unless purposely demolished) on its own strength and firmness, and under its disgrace retains an Air of Greatness that strikes the Eye (139). The Fort of St. Aub'tn (otherwise called la Tour, because formerly no other than a great Tower on a Rock, but now fortified with Bastions planted with Cannon) is of good use for clearing the Road, and protecting the Ships within the Pier ; into which last nothing can pass but by the Permis- sion, and under the Guns, of the said Fort (140). These Places are garrison'd from England, not always alike, but as the interchanges of Security or Danger make it expedient. At present, a Season of general tranquillity, we have only five companies of Invalids. In worse times, it has been usual to allow to JERSEY and Guernesey jointly one entire Regiment, viz. to each a Battalion. Sir Thomas Morgan, coming to the Government at a particular Conjunc- ture, brought us a gallant Troop of Horse, but none have been sent hither since (141). Concerning the Militia, one is not to frame a notion of them from the Country- Train'd-Bands in England, to whom they are in nothing like. They more resemble Regular Forces, both in Habit and use of their Arms. 'Tis a Maxim with us, that every Man of competent Age, whether rich or poor, Gentleman or Peasant, owes Duty in Person ; so that all here are Soldiers, with this difference only, that the better sort bear the Commissions, and are made Lea- ders to the rest. This Militia consists of two Troops of Horse-Guards, five Regiments of Foot, and a Train of Artillery (142). Our want of good Horses for the Saddle has been taken MILITARY GOVERNMENT: 142 notice of before. 'Tis not amiss therefore that we can mount two such Troops (143). The Foot, before Sir Thomas Morgan, were all Indepen- dant Companies, and one only to a Parish, consequently over-large and unweildy. Having divided them, and of one made two or more, he formed them into three Regi- ments, all in Red Coats, the Martial Livery of England. Succeeding Governors have improved upon his Plan, and by multiplying the Companies have increased the Regiments from Three to Five. As the Companies are levied by Vintaines, so are the Regiments by Parishes, whereof Two go to make a Regiment, sometimes Three, for the sake of Equality, according to this Scheme. To the First Regiment, St. O&en (*), St. Mary, St. John. To the Second Regiment, Trinity, St. Martin. To the Third Regiment, St. Saviour, Grouville, St. Clement. To the Fourth Regiment, St. Heller, St. Laivrence. To the Fifth Regiment, St. Peter, St. Brelade. These Regiments have their particular Colonels, Lieute- nant-Colonels, Majors, &c. with a Company of Fuziliers to each, pickt and chosen Men. But how two Country Parishes, of no very great compass, should be able to furnish and set out one whole Regiment, is what (I believe) will surprize and astonish the Reader. Five and twenty Field-Pieces of Brass, mounted on Carriages, with proper Tumbrels for the Ammunition, make up the Train of Artillery ; commanded by a Colonel, two Majors, twelve Captains and Lieutenants, with a sufficient number of Gunners and Pioneers. These Pieces are kept in the Churches of the Parishes to which they respectively belong, and by which they are maintained, ready to be drawn out for Service to any Part of the Island, at a minute's warning (144). Of all these Forces there is a general Review once a Year on the xxixth of May (145), in honour of the Happy (*) The Honour of the Right is given to St. Ouen, in respect to the Seigneur of that Name, who always uted to be Colonel. 143 MILITARY GOVERNMENT. Restoration ; and the Place for it is the fine sandy Bay betwixt the two Towns of St. Heller and St. Aubin, the line having in Front Elizabeth- Castle, and the Sea. When thus drawn up, the Horse on the Wings, the Infantry in the Center, the Artillery conveniently posted, and the Go- vernor as General at the Head of all, giving his Orders by his adjutants, such a Body makes no contemptible Appear- ance ; and being unanimous in their affection to England and hatred of a French Dominion, would, 'tis presumed, behave not ill on a Day of Action. As for particular Re- views by Companies and Regiments, to exercise and disci- pline the Men, they are frequent, and in time of War al- most Weekly (146). Moreover for the safety of the Coast round the Island, in Places accessible to an Enemy, there are Guard-Houses built, and Batteries erected with one and fifty Eighteen- Pounders thereon, given by his Majesty King William out of his Stores in the Year 1692 ; and each Battery has its particular Captain, Gunners, &c. under the direction of the Colonel and Majors of the Train. No mention has yet been made of the Lieutenant- Governor, nor indeed had we any properly such till of late years, that is to say, One of the King's own Appointment, and in the Pay of the Crown (147). He is instead of those Deputies and Commandants who had but a secondary and delegated Authority, and whose Perquisites arose from the Profits of the Government. This Officer seems created on purpose to supply the now customary Non-residence of the Governors, and is therefore supposed to be always present upon the Place. CHAPTER IV. Civil Jurisdiction. As the Power of Arms and Military Command is in the Governor, or Lieutenant- Governor, so the sacred Trust of administring Justice, and protecting Men in their Civil Rights, is in the Bailly and Twelve Jurats. These consti- tute our Magistracy, of which the Bailly is the Head. He holds immediately from the King, whom he represents in Court ; and there, in token of his independance (148), has his Seat raised above that of the Governor (*). The Jurats are his Assessors, not made like him by the King, but elected by the People. They are of King John's Insti- tution, who seeing Justice dispensed here summarily and arbitrarily, by one who had the two Swords in his Hand, assisted only by the Francs Tenans, or principal Free- holders, following their opinions no farther than he listed, and holding Pleas no oftener than thrice a year, found it necessary, in lieu of Assistants of so little weight and significancy, to establish Twelve stated and perma- nent Judges, to sit with the Governor, and have such check upon him as that without their Consent and Concurrence he should be able to do no Judicial Act of any force (f). And when he, the said Governor, withdrew from meddling in matters of Contentious Jurisdiction, and turned those over, with the name of Bailly to another (as is said in the last Chapter) the same Trust with respect to the Bailly, remained in the Jurats, and so continues to this time. These Twelve it pleased the King, in the Charter of their (*) This precedency in the court was a point much disputed betwixt Sir John Peyton and the bailly Heraut, but by King James I. and his council ad- judged to the latter. Every where out of court the governor precedes. (f) And yet so long as the governor retained the nomination of the bailly, and of the ministerial officers of the court, as the procurator, &c. he still had no small iuflucuce over what passed there, which was remedied by Henry VII. 1 l.J CIVIL JURISDICTION. Election, to dignify with the Title of Coronatorcs Jurati (*) ; meaning thereby to have them partake of the power of two sorts of Officers, viz. the Coroners in England and the Jurats in Gascony ; for here I take Coronatores Jurati to be a Compound of two Substantives, which is not unusual. The Coroner is an Officer unknown in France but apud nos (Anglos) says Sir Henry Spelman (f), Ojficialis pervetustus est, ad tuendam pacem, et dignitatem Regiam, in quovis Comitatu, populi suffragiis constitutus, &c. After the same manner speaks Lord Chief Justice Coke (+), This Office, says he, in ancient times was of great estimation, for none could have it under the degree of a Knight. How it fell from that estimation does not concern us, those Twelve being instituted when it was in full credit and power. As for the name of Jurats, it's Original is from Gascony, that part of France which King John affectioned most, and where he maintained himself longest. And this is the name that adheres to our Magistrates, that of Coroners being dropt, and no longer mentioned. For thus all Orders from the Sovereign run at present, To our trusty and well beloved, the Bailly and Jurats of our Island of JERSEY. In the Language of the Country 'tis Jurez, but among the People they are more commonly stiled Justiciers (149). Their business being not only to give hearing to Liti- gants, and decide Controversies of meum and tuum, as inmost other Judicatories, but also to enforce on all Persons a gene- ral obedience to the Laws, to watch over the Public Tran- quillity, in a word, to extend their Care to every thing whatsoever conducing to good Order and Polity, they seem not unlike those Twelve JVomophulaces, in some Grecian Commonwealths, of whom we read in ancient Authors () (150). Nor has any other Magistracy, that I know, so enlarged a Jurisdiction ; those manifold Powers being (*) Coustit. dora. Joliam. Regis. Art. I. Constituit duodecim corouatores juralos, ad placita, et jura spectautia ad corouam custodieuda. (f) Glossar. in voce coronator. (t) Institut. Part. IV. Cap. LIX. See also statut. an. 3 Ed. 1. cap. 10. () Aristot. Polit. Lib. VI. Cicero de Leg- Lib. III. .20, Columel. lab. XII. cap. 3. CIVIL JURISDICTION. 146 united in them, which elsewhere are divided and parcelled out among Judges and Officers of various Denominations. As Coroners (though the Name be disused) they are of Popular Election. The Constitutions will have them chosen per optimates Patrice (*), which excludes from being Electors men of no substance or interest in the Country. I am sorry to say the Practice now-a-days runs too much to the contrary, whereby a great deal of abuse and corruption has crept into those Elections, and perhaps no evil amongst us calls louder for redress (15 1). However it be, the manner of chusing a Jurat in JERSEY is this. On the Death of any of them (and rarely otherwise than by Death does a Vacancy happen, by reason the Office is for Life) the court issues out an Act or Writ of Election, fixing the Day, which is always a Sunday (152), and appointing one of their own Body, or some other proper Person, to collect in every Parish the Suffrages of the People. The Writ is delivered to the Minister, who after Divine Service reads it from the Pulpit, and in few Words (if he sees fit) recommends to the Assembly the choice of such an one, whom, for his Knowledge and Abili- ties, his Integrity and love of Justice, his Zeal for the established Religion and Government, and the like, they deem most worthy, and best qualified for the Place. The People give their Votes one by one as they go out at the Church-door, and he who has the Majority throughout the Island is declared duely elected. Mr. Camden seems to have understood that each Parish must have its particular Jurat, because the Number of both is the same, viz. XII. But that is no rule with us. It often happens that a Parish has none, whilst another has two or more. And be it noted, that 'tis not for the sake of a Salary that this Office is ambitioned, for there is none at all belonging to it. What is chiefly sought in it, is Rank and Distinction, with the privilege it gives Gentlemen of having their own private Suits in Court more readily dispactched (153). 'Tis not necessary that all the Twelve should assist on every occasion. Many accidents would reader the same (*) Art. HI. Y 147 CIVIL JURIST) lOTION. impracticable. One sort of Business may be done by a less, whilst another requires the Presence of a greater Number ; and a Cause heard by a few, may be brought on again before a Corps de Cour, that is, before Seven, presumed equipollent to a full Body. But without the Bailly (or his Lieutenant) there can be no proceedings of any Kind. He is the Mouth and Organ of the Court. He presides in all the Debates, sums up the Opinions, and pronounces Sen- tence ; yet has no deliberative Voice himself, unless when, npon an equal Division of the Bench, he throws his Weight into one scale to end the Matter. But in case of a Majo- rity, he is bound to follow it ; which hinders not his acting with leas controul in other Affairs of daily occurrence. For after all, the Dignity and Prerogatives of hi& Place are very great, and command respect (154). The whole Authority of Public Judgments residing thus in the Bailly and Jurats, there go next to constitute the Court diverse Ministerial Officers under them ; as le Pro- cureur du Roy, or Attorney General ; V Avocat du Roy, or Sollicitor General ; le Viconte, or High- Sheriff ; le Grejfier, or Clerk, who has the Custody of the Rolls and Records ; Six Pleaders or Solicitors at the Bar, stiled Avocats de BarreaU ; two Under- Sheriffs, called Dcnonciateurs, be- cause 'tis their part to publish the injunctions of the Court ; and lastly, VHuissier, or Usher, a necessary Attendant for the preserving of Order. To whom let me add, (though not properly a Member of the Court) rEnregistreur, or Keeper of the Register for Hereditary Contracts ; which having first passed (*) th& view of the Magistrate, must next, on pain of Nullity, be brought to this Officer to have an Entry made of them, whereto all Men may have recourse, no secret and unregistred sale of Lands or Rents being of any validity in this Island. All which Employments now named (saving the Three first, held by Patent) are at the disposal of the Bailly. The Court thus composed, and every Person belonging to it, from the Bailly to the lowest Officer, sworn to a diligent (*) Thence called Paesemeus. CIVIL JURISDICTION. 148 and faithful discharge of the Duty of his Post ; the Court, I say, thus composed, is a Royal Court, having cognizance of all Pleas, Suits, and Actions, whether real, personal, raixt, or criminal, arising within the Island ; the case of Treason only excepted, and some other matters of too high a Nature (*) reserved to the King and the Lords of his Majesty's most honourable Privy Council, to whom alone this Court is immediately subordinate. Nor have the Courts of Westminster ought to do with us, or may any way intermeddle with our Affairs, though otherwise we greatly reverence them> as acting under the same Royal Name and Authority. The Truth is, we were never subject to those Courts, no not before King John's days, the Founder of the present Power and Jurisdiction within ourselves. The Governor held the Pleas, as has been said, and in extraor- dinary Cases Resort was had to Normandy, but never to England. In after-time, contentious Persons not acquies- cing in the determination of the Magistrates here, sued for Evocations at Westminster, which were too easily granted, and Writs came over daily to summon People thither, till Vexations grew so great, and Complaints so loud, that a remedy was obtained in the beginning of the Reign of Edivard III ; And accordingly when towards the end of the same Reign, an attempt was renewed to bring a Matter of Trespass from the Island into the King's Bench, the Court would not admit it, and decreed thus Quia negotium prcs- dicturn in Curia, hie terminari non protest, eo quod Juratores InsulcK prccdict/ce coram Jttsticiariis hbc venire non possunt, nee de jure debent, nee aliqua negotia, de Insula praedicta emergentia, non debent terminari nisi secundum consuetu- dinem Insulae praedictae ; ideo totum Recordum negotii mittatur in Cancellariam* Domini Regis, ut inde fiat Commissio Domini Regis, cui vel quibus Domino Regi placuerit, ad negotium praedictum- in Insula praedicta audiendum et terminandum, secundum consuetudinem Insulae praedictae (f). Hence the Great Lawyer (+) from (*) Casus nimis ardui. Conatitut. Art. V; (t) Mich. 42. E.3. (J) Coke.Instit. Fait IV. Cap. 70? 149 CIVIL JURISDICTION. whom I have transcribed this Record, owns that the King's Writ runneth not into these Isles, the like exemption belonging to them all. For which another eminent Man of the same Profession (*), gives these two Reasons ; 1. because, says he, the Courts there (in the Islands) and those here (at Wesminster) go not by the same rule, method or order of Law ; 2. because those Islands, though they are parcel of the Dominion of the Crown of England yet they are not parcel of the Realm of England nor indeed ever were ; but were anciently parcel of the Dutchy of Nor- mandy, and are those Remains thereof which all the Power of the Crown and Kingdom of France have not been able to wrest from England. But though the King's Writ runneth not into these Isles, the same Great Lawyer observes from the foresaid Record, that his Majesty's Commission under the Great Seal doth (f}, which we readily acknowledge, there being diverse instances of such Commissions issued forth both in former and latter Days, yet always upon urgent and uncommon Emergencies. And the Commissioners have been generally taken from the Chancery, or have been otherwise Men versed and knowing in the Civil Law, the service being thought to require Persons so qualified. Their coming suspends the ordinary Forms of Justice ; but first they must exhibit their Com- mission in Court, and have it there enrolled ; and then they can in no case concerning Life, Liberty, or Estate, del ermine any thing contrary to the advice of the Jurats, who are to sit, opine, and make conjunctive Records of their Proceedings with them ; and lastly, they must judge according to the Laws and Customs of the Isles (155). Even Acts of Parliament do not bind us, unless we be therein specially named (:). And when such Acts are to be notified to us, they come accompanied with an order of Council, to give them Sanction and Currency here (156). (*) History and Analysis of Mie Common Law of England, written by a learned hand (supposed Lord Chief Justice Hale) published an. 1713 Chap. IX. (t) Ut sup, (t) Idem ut sup. CIVIL JURISDICTION. 150 Courts of Justice are supposed liable to err sometimes in their Judgments, and thereon is founded the liberty of Appeals. Here, a Decision by fewer Jurats on the Bench may be reviewed in a larger Assembly, as has been already noted. But if after that, the Party really or pretendedly aggrieved still declines submission to the Court, and will needs pursue the matter farther, his recourse must be directly to King and Council, under the following Regula- lations, viz. That no Appeal for Moveable Goods, or Personal, Estate, be allowed, unless such Estate be of the value of three hundred Livres tournois ; nor for Inheritances or Real Estates, unless of the value of five Livres tournois per annum (*). Tf the Court denies to allow of the Appeal, then it becomes a Doleance ; concerning which 'tis likewise ordered, That Doleances being of an odious nature as intended principally against the Judges, whose honour is to be maintained for the sake of Justice, in case the Com- plainant shall not make good his Doleance, his Majesty by the advice of his Council, will lay such Fine upon the Party failing, as the case shall require (f). Nothing has been represented more to our disadvantage, and has done us greater discredit, than the frequency of those Appeals and Doleances, and their being for the most part about Interest comparatively of little moment. Pudet hcec opprobria nobis It would indeed be happy, if every Sentence in the Island were so weigh'd, and well considered, as to stand the Test, and never need being reversed, when brought under examination in England. This would effectually discourage litigious Persons from importuning the Honourable Board, and raising a Clamour against the Justice of their Country (157). At the same time, God forbid that the poorest Man in the Island should not be heard, and have right done him, (where only he can apply for it) when oppressed by a wrong Judgment. (*) Rules and Orders for administration of Justice, given at tbe Court at WMtehaU,M&y 19. 1671. Art, XIV. (t)lbid. Art. XV. 151 CIVIL JURISDICTION. In Criminal Causes there lies no Appeal. But in regard that our Laws did not explicitly distinguish between Man- slaughter and Wilful Murther, and both were equally Capital, it was some time ago provided by a Rule from above, that where there does not evidently appear prepense and deliberate Malice, the Court shall not proceed to sentence till the Fact be laid before his Majesty, and his Pleasure known (158). Praised be God, there has been very little occasion for that, or for animadverting on other Crimes punishable with Death. A public Execution is not seen here in many years. Whereupon I cannot but add this remark, that the Case* of Treason, excepted from the Cognizance of the Bailly and Jurats, affords no instance, and is a Crime utterly unknown and unheard of, amongst us (159). True it is, that during the bloody Quarrel betwixt the Houses of York and Lancaster, two Gentlemen who had some concern in this Island, came unhappily under the imputation thereof. One was Jeffrey Wallis, Seigneur de St. Germain, a Lan- castrian, and Retainer of the great Earl of Warwick, with whom he fell at the Battle of Barnet, fighting against Edward IV, for tfhich his Memory was attainted, and his Estate seized. The other was Sir Richard Harliston, once Governor of this Island, where also he had made some purchases, a Yorkist, deluded into a Defection from Henry VII, which caused his ruin. They were neither of them properly of the Island, so that nothing they did, or suffered can be charged to our account, and bring a reproach upon us. To return to the Court ; though there is but one Tribunal, and the Judges always the same Persons, yet by reason of the great variety and diversity of Causes, some requiring one Method of proceeding, some another, some more, some less considerable, the Court is necessitated to assume Four distinct Characters or Denominations ; and as it alternately acts under then, is called, either la Cour a" Heritage, or la Cour de Catel, or la Cour du Billet, or lastly la Cour dtt Samedi ; of each of which something must be said. CIVIL JURISDICTION. 152 La Cour d* Heritage, the first and most solemn of the Four, is so named, for that it admits of none but Hereditary Matters to be treated and discussed in it ; as Partitions of Estates betwixt Co-heirs, Differences among Neighbours about Bounds, New Disseizins and Instrusions on other Men's lands, Pre-emptions between Kindered (*) which we call Retrait Lignager (160) (retractus consanguineorum, and. jus protimeseos} the Property of Rents (f) due for Tenements or Lands let in Fee-farm (reditus fundiarius} and other things of the like nature. The opening of this Court, on the first day of it, which is usually a Thursday, is with a great deal of Circumstance and Formality. The Governor, the Bailly (or their Lieutenants) and the Jurats, enter the Cohue with the Royal Mace carried before them, and sur- rounded by a Guard armed with Pertuisans. The Bench must be full that Day, nothing but real Sickness, or absence from the Island, being allowed in excuse for a Jurat who does not then appear in his Place. Seven is the least Number required to keep the Court. All Gentlemen, holding Fiefs of the Crown by that Service called in Records Secta Curies must be there also, and answer to their Names, or be fined. Some of these Fiefs being in the King's hands, the Governor answers for his Majesty. The Advocates renew their Oaths. The Provots and Serjeants who are inferior Officers belonging to the Revenue, attend to give an account of all Echeats, Forfeitures, and other Casual Profits and Emoluments accrued to the Crown, if any such there be. There likewise Political Ordnances, made for the good government of the People, are confirmed and continued, or if need be, abrogated, and new ones made (161). Against the rising of the Court there is a handsome Entertainment provided by the King's Receiver, where, besides the Governor and Members of the Court, those Gentlemen afore men- (* ) To preserve Inheritances in Families, the next of Kin has aright of Pre-emption in case of any Sale ; or may redeem what is sold, by returning-, the money to the Purchaser. (t) A Rente Fonci&re is a Rent constituted cm some certain particular Fund, be it House or Land; so that into whatever hand the Fund happens to falf cither by Succession or Acquisition, the Possessor stands charged for ever, with the payment of the Rent. 153 CIVIL JURISDICTION. tioncd holding Fiefs of the Crown, have right to sit, and are therefore said in the Extent and other Records, edere cum Pegs ter in anno, i. e. to eat with the King thrice a year. 'Tis said thrice a year, because we have so many terms, and this Court is the opening of every Term. After the first day, spent mostly in Preliminaries and Matters of Form, the Court goes upon Business every Tuesday and Thursday following, till the end of the Term, the Twelve Jurats assist- ing bv turns, Three at least at a Time. La Cour de Catel is (as the Name imports) for deciding disputes about Chattels, Moveables, and Arrears of Rents. For as at Heritage Rents are sued for without relation to arrears, so here the same are sued for with reference only to those Arrears, and may be so as far back as thirty nine years. But the great Business of this Court is the Adjudi- cation of Decrees. Now a Decree with us is this. When a man has so involved himself in Debt, as to be unable to satisfy his Creditors, and is quite born down with Prosecu- tions, he publickly makes Cession of his Estate, which we call renoncer, i. e. to renounce, and the Estate is then said to be en Decret, i. e. subjected to a Decree. Whereupon all Persons interested, are by three Proclamations, and a fourth Peremptory, cited to come in, and insert in a List or Roll, kept open for that purpose, their several Demands, on pain of exclusion. After this, they are called in order, that is to say the last Creditor first, and so on retrograding. The last Creditor is asked by the Judge, whether he will substitute, and put himself in the place of the Cessionary, and take the Estate, paying the Debts that are of an older date than his, or give up his Demand. If he assents to the Substitution, the Decree is at an end, and the Estate is adjudged to him. If on the contrary he says, that he will rather lose his Debt than take the Estate on such condition, 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 and quitted, that the encumbered Estate being pretty well eased, some one be found who may with little or no loss venture upon it, CIVIL JURISDICTION. 154 answering for the Debts that remain unrenounced ; and of such an one it is said qu'il se fait Ttnant, i. e. that he makes or declares himself Tenant. It has been observed that more of those Debts are for Arrears of Rents, than for Money due upon Bond. A few years run of those unpaid, will soon eat out a small Estate overcharged with them. And concerning Bonds, 'tis likewise observable, that here they are not merely personal, as in England, but real, and carry an express Hypotheca or Mortgage on all Possessions moveable and immoveable of the Debtor ; so that a Decre- ted Estate is no less affected by them than by any other Demand upon it. This is our way of sharing a broken Estate among Creditors, wherein, instead of faring all alike, as in a case of Bankruptcy, the oldest Creditors have a vast advantage over the rest. How far this is agreeable to Equity, I shall not interpose njy Opinion (162). At this Court also, and usually on the first day of it, Criminals and Malefactors, if there be any such, take their Trial (163) ; Proclamation being made before, that Justice Royale, that is to say, the pleas of the Crown, will be held that day ; whereat Seven Jurats at least must be present, if the Crime be Capital ; otherwise Three suffice for the Ordinary Pleas of Catel. La Cour du Billet is an Extraordinary Court, first set up subsidiarily, when Decrees grew so frequent, and took up so much time as hardly to leave room for other Business. Whereupon Matters of less Moment, as Arrests, Distrains, Suits for Arrears of Rents not exceeding ten years, and the like, were removed and transferred to this New Court ; which is therefore named le Billet, because all Causes brought into it are heard in order, as they are set down in a Billet or Scroll affixed to the Court-gate, whereby all Per- sons concerned, inspecting that Scroll may know almost within an hour when they shall be called, without losing their time in fruitless expectation and attendance (164). Lastly, La Cour du Samedi, or Saturday- Court, is ano- ther Extraordinary and Subsidiary Court, and properly but a Branch of the former. In Term-time it is appointed Z 155 CIVIL JURISDICTION. principally for the King's Causes (*), and those of the Jurats, which are privileged, and not tied to the common rule of Billet : Out of Term, for Causes of Brevity, which will suffer no delay, as Causes relating to Navigation and Sea-affairs, Contracts betwixt Merchants, Breaches of the Peace, and other daily Occurrences that require no Solemnity, but may be dispatchedr de piano. And note, that when Sentence has been pronounced at Heritage or Catel (the two ancient Ordinary Courts) before less than five Jurats ; or at the Extraordinary Courts before less than Three (for Moveables of the value of fifty Livres tournois and upwards) the Party aggrieved may appeal before tbe Body of the Court, consisting of Seven at least ; provided it be at the Charge of the Appellant, paying three Livres tournois to the Judge, one to each Jurat, the like to the Procurator, Viscount, GrefSer, and Advocate in tlie Cause (f). Which I mention on purpose to shew how moderate the Fees of the Law are with us, when a Re-hearing may be had before the whole Court at the small cost of about twenty Shillings English Money (165). They are the same, or rather yet lower, in all other cases and instances ; so that I make no doubt but more Money is given in Westminster-hall, in one great Cause only, than all our Advocates together get for their Pleadings in a Twelvemonth (166). 'Tis some com- fort to a People, who are not rich, that they can have Justice without ruining themselves in the pursuit of it. These Courts (except the Saturday -Court, held or inter- mitted as there is occasion) have their proper Times and Seasons for sitting. But instead of Four, as in England, we have only Three Terms. The First begins always the Thursday immediately before Michcelmas-day , and is res- pited during the whole Month of November, that people may attend to sow their Wheat (+), and gather in their (*) That is, the Receiver's Causes, suing for Rents due to the King, which by his Majesty are allowed to the Governor, of whom the Receiter farms them. (t) Rules and Orders of May 19- 1671. Art. XIII. (J) Corn here does not lie in the ground so long as in England, being >oitit later, and rea^d sooner. CIVIL JURISDICTION. 156 Fruit for making of Cider (167). The Second begins the next Thursday after St. Maurus his Day, January 15, and is very short, for it shuts up early in February, that being the time for cutting the Winter- Vraic, and spreading it on the Land ; a laborious but most necessary Work, for 'tis in effect fetching Bread out of the Sea. That, together with turning up and preparing the ground for the Summer-Corn, employs all hands in March and part of April, The Third and last begins the Thursday next after St. George's day, and continues till Midsummer, when 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, Harvest being then over ; and these Causes will sometimes take up the remain- der of that Month, till Michaelmas-Term begins the round again. This account of the Terms shews they were not hit upon by chance, but with great wisdom and design calculated for the ease and convenience of the People, and the manner of living in this Island. They intrench as little as possible on any Business of necessary and general concern. Where it is otherwise, Justice loses its name, and turns to Oppres- sion. And now leaving these different Denominations the Court at times goes under, we must return to consider it as but One, and speak of the Laws which are to be the Rule and Measure of its Judgments. But surely none will expect I should enter into a Detail of those Laws, though it has been often wished that a Collection were made of them, and in it the several Particulars distinctly noted wherein they vary from the Laws of England (168). Such a Work, done by an able hand, would be of good use, in regard that not only all Causes and Suits within the Island, whether by the ordinary Judges, or extraordinary Commis- sioners, from England, but Appeals also before the Council- Board, are to be determined secundum Leges et Consuetu- dines Insulce ; which laws and customs being little known out of the Island,'tis scarce possible but Judgment must some- times be giVen contrary to the same. Peradventure there 157 CIVIL JURISDICTION. may arise hereafter some Worthy Person equal to that Task. J Tis enough for me to observe in gross that our Laws may be reduced under these Four Heads. 1. The Antient Custom of Normandy, as it stood before the Alienation of that Dutchy in the time of King John, and was contained in and Old Book, called in the Rolls of the Itinerant Judges, la Somme de Mangel, that is, Mangel's Institutes (*)(169). For whatever Changes have since that time been introduced into the said Cu$tom\>y French Kings, or French Parliaments, they can be of no force here. This is to us what the Statute-Law is in England. 2. Municipal and Local Usages, which are our Unwritten and Traditionary Law, like the Common Law in England. 3. Constitutions and Ordinances (f) made by our Kings, or their Commissioners impowered thereunto under the Broad Seal ; together with such Rules and Orders as ar,e from time to time transmitted to us from the Council- Board. 4. Precedents, and former Judgments recorded in the Rolls of the Court. These last indeed cannot in strict and proper sense be said to be Laws, wanting the Royal Authority, without which nothing can be Law. Neverthe- less great regard is had to them in similar Cases. The same may be said of such Political Regulations as are made by the Court, or the Assembly of the States, like those set forth by other Bodies Corporate for the good of those Societies (170). Which Political Regulations put me in mind of those Officers to whom the Execution of them is committed in every Parish throughout the Island. The chief is the Constable, an Officer of incomparably better account and repute with us than in England, as being always one of the most distinguished Persons in the Parish for Estate and other proper Qualifications, and chosen by the Votes of the (*) It was never my gond fortune to meet with this Antient Book, nor perhaps is it now extant. The Grand Coastnmier, set forth by Kouill6 and printed at Rotten in Gothic Characters an. 1639. is the freest from French Innovations. Terrien is next. Berault and Basnage are too modern. s those of Henry VII, Queen Elizabeth, &c. CIVIL JURISDICTION. 15$ People in like manner as a Jurat is chosen. The Office is Triennial, but some continue in it longer, and to those who discharge it with honour it is a step to the Magistracy, there being few on the Bench that have not first passed through that Employment, as a sort of Probation, before they mounted higher. The said Constable has entrance into the States (of which in the next Chapter) where he represents his Parish, and takes care of its interests. Next under him are two Centeniers, in the nature of his Substi- tutes or Lieutenants, to take his place, and Act in his stead, in case of disability by Sickness or otherwise. He has besides Twelve, or more, principal Householders for his Assistants, sworn to be always ready at his call when the Public Service requires it, thence termed Sermentts, or Offi- ciers du Connttable. Two Procureurs, whose business is to assert the Rights of the Parish, and (if need be) to sue for them. The name of the Office answers to that of At- torney : But 'tis not necessary they should be professed Lawyers. Add to these a Vintenier over every particular Vintaine. By the vigilance of these Officers, Peace and Order are maintained in the Parish, lesser Offenders are checkt and corrected, greater Criminals are apprehended and brought to Justice, Public Rates, (when needful) are levied with equality, and all other things are done which are found conducing to the good government of the Community. In every Parish Assembly, if it be for Secular Affairs, the Constable presides, though a Jurat be present ; if for mat- ters relating to the Church, 'tis the Minister. Speaking of the Bailly, it has been omitted, that he is the Keeper of the Public Seal, yet so that he cannot use it unless assisted by three Jurats. It is kept in a Purse, sealed with the Private Seals of the three Jurats who were at the last Opening. When occasion calls next, the Bailly delivers the Purse into the hands of the then assisting Jurats, who finding the Seals intire, break them 'open, and having done with the Public One, put it up again into the Purse, sealed as before, and return the same to the Bailly, or his Lieute- nant. This Seal, with the right and power of using it for 159 CIV\L JURISDICTION. confirming Contracts, and other purposes, was given us By { Edward I ; and from the Antiquity of the Characters in the Inscription thereon (*), seems to be the very same Numeri- cal Seal we received from that great King more than four hundred and fifty years ago, so carefully and religiously has it been preserved. See the Grant of it in the Appendix Numb. VI. The Judgment-Hall where the Court sits, is called la Cohue Royale (f), and stands in the Town of St. ffelier. 'Tis a large and handsome Fabrick, faced with Mont- mado-Stone, and fronting the Market-place (171). The Court sits below, and above are spacious Chambers for laying up the Records, for occasional Conferences, and for the Entertainment which the King's Receiver makes on the first day of the Cour d' Heritage (172). (*) S. Ball! vie Insule de JERSEVE. (f) Cohue i* an old French Word, signifying in general the Place where Justice is administred, especially in Baillages, and the like Jurisdictions. " Que les " Baillifs et Vicentes soicnt diligens d'aller en Cohue dedans prime le premier " jour de leur auditoire, et aux autres jours subsequens continnellenient " dedans sept heures de matin, et dedans deux heures de relevee, afiu que " le penple puisse estre mieux et plus tost expe'die." Ordounances faiclcs en 1'Eschiquier de Normandie, Tan 1383. Voyez Grand Coustumier, en la Chartre aux Normandg, fol. xxvi. verso. In the modern French, it denotes a tumultuary assembly of People, talking together loud, and in confusion. CHAPTER V. Convention of the States. This is properly a General Council of the Island, wherein every Inhabitant is supposed present, either personally, or by representation. And as there may be a likeness of Polity and Government, where none is pretended of Dignity or Power, the name of States ought not to offend, because assumed in imitation of more August Assemblys. The Earl of Clarendon indeed at his being in JERSEY, hearing of a Meeting of the States, expressed some surprize at our use of the word, but found no impropriety in it, when he became acquainted with our Constitution. For many Ages past we have been in possession of this Honour, nor has the Crown ever denied to receive Deputations and Addresses from us in the name of The States of his Majesty's Island of JERSEY, the customary Stile on those Occasions. It will not therefore (I hope) be thought too great a presumption to say, that this Convention is an Image and Resemblance of an English Parliament, a picture of it in Miniature. It is composed of the Jurats, or Court of Justice, as the first and noblest Body ; of the Clergy, as the second ; and of the Constables, as the Representatives of their Parishes, by whose Votes those Communities are bound and concluded ; the King's Procurator, the Viscount, and the King's Advo- cate, though they represent no Estate, being also admitted propter dignitatem (173). This Co nvention cannot be held but by the consent of the Governor, or of his Lieutenant, 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 Bailly, or his Lieute- nant, is the standing Prolocutor in these Assemblys, as the Lord High Chancellor and the Speaker are in the House of Peers and House of Commons, As there, so here, every 1G1 CONVENTION OF THE STATES. Member present has Voice Deliberative. No States can be held without Seven of each Body, at the least ; and in case of absence, he whose excuse is not allowed, is liable to be fined. Foreigners preferred to Benefices are excluded, unless naturalized (*) (174) ; it not being thought safe or prudent to trust Strangers with the Secrets of the Island till they have given good proofs of their affection to the Govern- ment they live under. It is indifferent at whose Motion this Convention is called ; whether at the Governor's, when he would propose ought for the King's Service ; or at the Magistrates, when the Interests of the Island require such a public Consultation. But a mutual agreement there must be (175), and then the Day being fixed, the Denunciators (who are Officers of the Court) summon the Members. It has nevertheless hap- pened, that a Governor, through wantonness of Power, has in the greatest urgency of affairs, if not absolutely denied, yet delay'd his consent to those Meetings, beyond all reasonable Time ; and has put a Negative upon their Deliberations, when there was no manner of ground for it. This was the Case under Sir John Peyton's administration, which (in conjunction with other Points in dispute betwixt him and the Bailly), created so much disturbance in the Island, that Commissioners (f) were sent over to make inquiry into those matters ; upon whose Report, it was by his Majesty in Council July 2, 1619, ordered as follows. That if the Bailly 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 to the Lords of our Council ; whereof he shall give as present advice, as possi- bly wind and weather may serve. And concerning the Governor's Negative Voice in the making of Ordinances, it (*) The Court here claims ami exercises a Right of granting Letters of Natu- ralization, but those to extend no farther than the Island. For ^tis not presumed they would intitle persons to the same privilege in England, where ''tis obtainable only by Act of Parliament. (t) Sir Edward Ccuway, and Sir William Bird, CONVENTION OF THE STATES. 162 is now also Ordered, that he shall not use kin Negative Voice, but in such Points as shall concern our special Interest (176) / 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 con- firmed by us. And this has been the standing Rule ever since. The great Business of these Meetings, is the raising of Money to supply Public Occasions. For as in England, Money cannot be raised upon the Subject but by Consent of Parliament, so here, 'tis a received Maxim, that no Levies can be made upon the Inhabitants, unless agreed to by their Representatives assembled in Common Council (177). Nor have the States a power of themselves to create new Subsi- dys or imposts ; but only, upon extraordinary Emergencys, when the 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 purposes, by fixed and equal proportions according to the Antient Rate. In these Assemblys, Accounts of the Public Receipts and Expences are stated and audited (178) ; Differences arising about the disposal and administration of the Church-Treasurys (*) are examined arid determined ; Works proposed to be done for the common benefit, are maturely weigh'd and considered; Deputys are appointed to carry up our Grievances, and sollicite our affairs at Court ; Good and wholesome Ordinances against Profaners of the Lord's Day, Blasphemers of God's Holy Name, common. Swearers and Drunkards, and other riotous and disorderly persons, are enacted under proper penaltys ; and in a word, all other matters are transacted therein, as are thought most expedient to preserve the honour and reverence which is due to God and to Holy Things, the fidelity and obe- dience we all owe to His Majesty and those who act under his Authority, the Peace and Tranquillity, the Welfare and Happiness of the whole Island. And yet it must be con- fessed, that many of these things are of the Competence (*) What those are will be explained hereafter. A 2 163 CONVENTION OF THE STATES* and Jurisdiction of the Court. But our Magistrates deem it prudential to take the advice and counsel of the States, wisely considering that their Concurrence must add force and vigour to the like Sanctions (179). IS: CHAPTER VI. Privileges, By the grace and favour of our Kings, this Island enjoys, many valuable, and some uncommon, Privileges ; and the Motives assigned for granting them, are these. 1. TQ 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, whilst we enjoy these Privileges, to wish for a change of Masters. 3. To better our Condition, which under the 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. Whoso looks into our History, which is but a continued. Series of Dangers and Troubles, and considers how exposed we are to new and fresh Attacks upon every incident that may at any time occasion a War, will hardly think any Encouragement too great to keep in heart a People so circumstanced. Trade is the Life of an Island. A War destroys ours, and brings on a Charge equal to a Tax. A Man of several hundreds a year in England, is not so high rated to the Militia, as one here of but so many Scores. The very Poor suffer in proportion. For though their Poverty exempts them from finding Arms of their own, it does not excuse them from bearing the Arms of others, obliged to provide and maintain a certain number '(180). They must by frequent Detachments keep Watch round the Coast, to prevent surprize, and repair to their Colours at 165 PRIVILEGES. the sound of every Alarum (*) ; whereby the Labour of many days, which should subsist them and their families, is lost to them. I could urge much more, but let this suffice to shew how reasonable it is, that a People that must always stand Sword in hand as (I may say) ready to meet an Enemy who in few hours can come upon them, should have some Indulgence shown them, and by peculiar Grants and Concessions, be, in other respects, made as easy as their living in so ill a neighbourhood will permit. Frontier- Places are usually thus favoured. To be plain, if this and the other Islands are thought worth keeping, their Privileges ought to remain inviolate ; there being the same Reasons for continuing those still, which prevailed for granting them at first. What our Privileges were under our ancient Dukes, before and after the Conquest, to the Time of King John, or whe- ther we had any at all distinct from the rest of our Fellow- Normans, cannot now be known (181). We claim no higher than that King's Constitutions, the Original of our present Liberties and Franchises. Succeeding Kings have enlarged and extended those Constitutions farther, and seem to have vied with each other who should most testify their approba- tion of our Conduct by Additional Favours. To enumerate their several Charters, and dwell minutely on every thing therein, would be tedious. In general, by them we are declared a Free People, subject to no Authority but what emanates directly and immediately from the Crown. 'Tis there said, that universally throughout the King's Dominions and Territories, citrd vel ultra mare, we shall be treated, not tanquam alienigenae, i. e. as Foreigners and Aliens, but tanquam indigenae, I. e. as Native Englishmen ; and this (*) The French Armns in Flanders, when the War is there, arc mostly sub- sisted by the Southern Maritim Provinces of that Kingdom ; which send whole Fleets fraught with Corn, Wines, Brandys, $c. to be unladed at Dunkirk, or other Ports thereabouts, for the use of the said Armies. Those Fleets, commonly of a Hundred Sailes, or more, decline the middle of the Channel, fearing to meet with English Men of War ; and keeping close to their own Coast, pass betwixt it and these Islands. As oft as they appear, and specially if a Calm or contrary Wind detains them any time in Sight, they unavoidably cause an Alarum ; because '/i* impossible for us to know, but they may be an Armament equipt against U9. I remember two such general Alarums in one PRIVILEGES. 166 alone includes many Points of great moment and importance to us in our Commerce, and otherwise. Instead of entring into a deduction of them, I beg leave to refer to Queen Elizabeth's Charter, in the Appendix, Numb. VII, where an Inquirer will find satisfaction. That excellent Princess, so justly admired for the Wisdom of her Government, is particularly noted for dispensing her Grants with a wary and sparing hand ; whilst others lavish theirs out so wantonly and undiscernedly, that to be ev'n loaded with them is no argument of Merit. Such a Queen's Charter therefore, so full and so ample, does us honour, at the same time that it confers benefits. For it shews that she distinguished us, and looked on our state and condition as deserving in a very singular manner her Royal Regard and Consideration. Our Exemption from Parliamentary Aids, is not so pro- perly a Grant or Privilege, as a natural and necessary Conse- quence of our being A PECULIAR OF THE CROWN ; agreeably to that Saying of a Great Man of the Law, cited once before(*), That though ice are parcel of the Dominion of the Crown of England, yet we are not, nor never were, parcel of the Realm of England. In every Charter from Edward IV inclusive, and succes- sively downwards, there is a Privilege confirmed to us in common with the other Islands in this Tract, of so extraor- dinary a nature, and mentioned by Writers as so great a Singularity, that I cannot avoid enlarging upon it. But before I say more of it, let the Reader view the same in the Original. I shall for the reasons above, chuse to transcribe it from Queen Elizabeth's Charter, adding a litteral Trans- lation. Cumque nonnulla alia And, Whereas some other Privilegia, Jurisdictiones, Privileges, Jurisdictions, Immunitates, Libertates, & Immunities, Liberties, and Franchisiee, per preedictos Franchises, have been indul- Progenitores & Praedecesso- ged, given, granted and res nostros, quondam Reges confirmed, to the aforesaid Anglice, & Duces Norman- Isle f'f), by our foremen- nice, ac alios, praefatas Insu- turned Progenitors and Pre- lae (f) indulta, donata, con- decessors, formerly Kings of (*) Coke. (t) Viz. JERSEY. 1G7 PRIVILEGES. ccssa, & confirmata fuerunt ; ac a tempore cujus contrarii mcnioria hominum non ex- istit, infra Insulam & Loca Maritima prffinominata invi- olabiliter usitata & observata fuerunt ; de quibus unum est, q.uod tempore Belli, omnium Nationum Mercatores, & alii, tarn alienigeni quam indigeni, tarn hostes quam amici, li- bere, licite, & impune queant, & possint, dictam Insulam & Loca Maritima, cum Navi- bus, Mercibus, & Bonis suis, tarn pro evitandis Tempesta- tibus, quEim pro aliis licitis suis Negotiis inibi peragen- dis, adire, accedere, com- meare, & frequentare ; & libera Commercia, Negotia- tiones, ac rem Mercatoriam ibidem exercere ; ac tuto & secure commorari ; inde re- commeare, ac redire toties quoties, absque damno, mo- lestia, seu hostilitate quacun- que,in rebus,mercibus,bonis, aut Corporibus suis ; idque non solum infra Tnsulam, Loca maritima pra3dicta, ac praecinctum eorundem, ve- rum etiam infra Spatia un- dique ab eisdem distantia usque ad visum Hominis, id est, quatenus visus oculi pos- set assequi : Nos eandem Immunitatem, Impunitatem, Libertatem, ac Privilegium, ac caetera omnia praemissa ultim6 recitata, rata grataque habentes, ea pro Nobis, Haeredibus & Successoribus nostris, quantum in nobis est, praefatis Ballivo & Juratis, ac caeteris Incc-lis, Habitato- England, and Dukes of Normandy, and others, and have, from time immorial f been inviolably, used and observed, within the Island Maritime Places aforesaid ; One of which is, That in time of War, the Merchants of all Nations, and others, as well Foreigners as Natives, as well Enemies as Friends, may, and shall be permitted freely, lawfully and without fear or danger to resort, accede to, and frequent the foresaid Isle and Maritime^ Places, with their Ships, Merchandises, and Goods, as well to avoid Tempests, as to pursue their other lawful Affairs ; and there to exer- cise a free Commerce, Trade, and Merchandizing ; there safely and quietly to stay and remain ; and thence to return and come back at any time, without any Damage, Molestation, or Hostility whatsoever, in their Wares, Merchandises, Goods, or Bodies ; and that not only within the Island, and Mari- time Places aforesaid, and the Precincts of the same, but also all-a-round them, at such Space and Distance as is within Man's Ken, that is t as far as the Eye of Man can reach : We approving and allowing the said Immunity, Impunity, Liberty, and Pri- vilege, and all the Premisses last mentioned, do, by these Presents indulge, and grant the same, for Us, our Heirs and Successors } as much as in pious, Mercatoribus, & aliis, tarn Hostibus quam Amicis, & eorum cuilibet, per Prae- sentes indulgemus & elargi- mur, Authoritate nostra Re- gia renovaraus, reiteramus, & confirmamus, in tarn amplis modo & forma prout prae- dicti Incolae, et Habitato- res insulae praedictae, ac praedicti Indigeni & Alieni- geni, Mercatores & alii, per anted usi vel gavisi fuerunt, vel uti aut gaudere debue- runt. Universis igitur & sin- gulis Magistratibus, Minis - tris, et subditis nostris, per Universum Regnum nostrum Angliae, ac caetera Dominia & Loca Ditioni nostrae sub- jecta, ubilibet constitutis, per Praesentes denunciamus, ac firmiter injungendo praecipi- mus, ne hanc nostram Dona- tionem, Concessionem & Confirmationem, seu aliquod in eisdem expressum aut contentum, temerarie infrin- gere, seu quovis modo violare, praesumant ; et si quis ausu temerario contra fecerit, seu attemptaverit, Volumus & decernimus, quantum in no- bis est, quod restituat non solum ablata aut erepta, sed quod etiam pro dampno, in- teresse, & expensis, ad ple- nariam recompensam & sa- tisfactionem compellatur, per quaecunque Juris nostri re- media, severeque puniatur, ut Regiae nostrae Potestatis, ac Legum nostrarum con- temptor temerarius. - PRIVILEGES* 108 us lies, to the said Bailly and Jurates, and other Indwd- lers, Inhabitants, Merchants, and others, as well Friends as Enemies, and to each of them, and by our Royal Au- thority, do renew, reiterate, and confirm the same, in as ample form and manner as the said Indwellers and In- habitants of the said Island, the said JYatives and Fo- reigners, Merchants and others, have in time past used and enjoyed, or ought to have used and enjoyed them. We do therefore by these Presents, charge and strictly enjoin, all and every of our Magistrates, Officers, and Subjects, throughout our whole Realm of England, and other our Dominions, and places subject to our Go- vernment, wheresoever cons- tituted, that they do not presume rashly to infringe f or any way violate this our Grant, Concession, and Con- firmation, or any thing therein expressed or contain- ed ; and if any one dares, or attempts to do ought to the contrary, We will and com- mand, as much as is in our Power, that he not only res- tore the things unjustly taken, but also that he be compelled, by any Remedies of Law, to make full amends and satisfactionfor the Loss, Interest, aud Expences, and be severely punished, as a presumptuous Contemner of our Royal Authority, and of our Laws. 169 PRIVILEGES. This is the Privilege. Add we now the concurring Testimony of good Authors, owning and asserting it in its full extent (182). Mr. Camden speaks thus of it, though by a mistake he applies it to Guernezey only. Veteri Regum Angliec privilegio, perpetuce hie sunt quasi inducifs ; et Gallis, aliisque, quamvis bellum exardescat, ultra citroque hue sine periculo venire, et commercia secure exercere, licet ; i. e. " By an ancient Privilege of the Kings of England, there " is here a kind of Perpetual Truce ; and how hot soever " the War be, the French, and others, have free Liberty to " come hither to trade, and to depart again in safety (*). Mr. Selden urges this Privilege as an Argument to support his Hypothesis of the King of England's Dominion over the Narrow Seas. JVeque enim facile conjectandum est, undenam originem /tabuerit Jus illud induciarum sin- gulare acperpetuum, quo CAESAREAE, Sarnia?, cceterarumque Insularum Normannico Littori prcejacentium incolce, etiam in ipso marifruuntur, ftagrante utcunque inter circumvici- nas gentes bello, nisi ab Angliee Regum dominio hoc Marino derivetur. i. e. " 'Tis not easy to conjecture whence first " sprung that singular Right (or Privilege} of Perpetual " Truce, which the Inhabitants of JERSEY, Guernezey, and " the other Islands adjacent to the Coast of Normandy, " enjoy in the midst of the Sea, notwithstanding any War " betwixt the neighbouring Nations round about them, " unless it be derived from this Maritim Dominion of the " Kings of England (f). Dr. Heylin, after repeating almost verbatim what Mr. Camden had said before him of this Privilege, goes on ; a Privilege founded upon a Bull of Pope Sixtus IV, the tenth year, as I remember, of his Popedom ; Edward IV. then reigning in England, and Lewis XL over the French. By virtue of which Bull all those stand ipso facto excommu- nicate, which any way molest the Inhabitants of this Isle of Guernezey (+) or any which resort unto their Island, either (*) De lusul. Britan. pag. 805. (t) Mare Claus. Lib. II. Cap. XIX. et iterum Cap. XXII. ( j) Here the Doctor follows Mr. Camden, in his misapplication of this Privi- lege to Guernezey only. PRIVILEGES. 170 by Piracy, or any other violence whatsoever. A Bull first published in the City of Constance, unto ivhose Diocese these Islands once belonged, afterwards verified by the Parliament of Paris, and confirmed by our Kings of Eng- land to this day. The Copy of this Bull / 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 (*). Even Strangers have acknowledged this Privilege, and entered it into their Books of Navigation and Commerce. Thus the Anonymous Author of les Us et Coutumes de la mer, printed at Rouen 1671, speaking of Prizes taken at Sea, says that a Prize is not good, si elle a este faite en lieu d'asyle ou de refuge, comme sont les Isles et Mers de GERZAY, et Grenezay, en la coste de Normandie ; ausquelles les Francois et Anglois,7?cmr quelque guerre qu 'il y aitentre les deux couronnes, ne doivent insulterou courre Vun sur I'autre, tant et si loin que s'estend V aspect ou la veue des dites Isles. i. e. " if the Prize be made in places of Security and Refuge {places exempted and privileged) as are the Isles and Seas of JERSEY and Guernezey, on the Coast of Normandy ; where (he French and English, whatever War there be betwixt the two Crowns, ought not to insult, and in a hostile manner pursue each other, so long and so far as they have the said Islands in prospect and in view (f). I can trace this Privilege no higher than Edward IV. Now that King could enforce it only on his own Subjects, which would not have answered the Design of it. The Con- sent of other Princes, especially of the King of France, and of the Duke of Bretagne, to bind it in like manner on their People, was equally necessary. It happened that those Powers lived at that time in (at least seeming) amity with England, which facilitated their Concurrence. But Edward (*) Survey of the Islands. Ch, 1. rag. 300, (t) Part. III. Art, XXI. 6 B 2 171 PRIVILEGES. would not trust entirely to that. He applied to the Pope, whose Authority ran high in those days, praying him to strengthen the Privilege with his Censures on the Infringers of it. Whereupon the Bull was sent of which Dr. Heylin speaks, received with great respect by those several Princes, and by their order published with more than ordinary Solem- nity in all the Ports of their Dominions lying towards these Islands, to the end none who navigated in these Seas might plead ignorance. The Bull lies now before me, contained in an Inspeximus of Henry VIII, under the Broad Seal of England. It shews in perfection the Stile of the Court of Rome, when its Anathemas struck Terror into all Men. For the sake of the Curious I have thrown it into the Appendix, Numb. VIII, it being too long to be inserted in this place (182). If it be asked that we shew something of this Privelege upon practice in subsequent times, let the Facts and Exam- ples following serve for Answer. Anno 1523, during the War betwixt Henry VIII of England and Francis I of France, a Ship of Guernesey, taken in the Channel by a Privateer of Morlaix, was, by Order of the Count de Laval, Governor of Bretagne for the French King, released upon Plea of this Privilege. See the Count's Letter to the Ma- gistrates of Morlaix in the Appendix, Numb. IX. Anno 1524, a Prize made by one Pointy, and brought into JERSEY, because taken within the Precincts of the Island, and there- fore contrary to this Privilege, was, in an Assembly of the States, the Governor and King's Commissioners present, declared tortionary and illegal, and Pointy adjudged to make restitution (*) (183). Anno while the Duke of Somerset held the Government of this Island, some English Privateers came into the Port of St. Aubin, and finding there several French Merchantmen trading under the secu- rity of this Privilege, would have made prizes of them, but were opposed by the Deputy- Governor, who protected the Merchants, and raising the Militia forced the Privateers to depart out of the Island (f). Anno 1614, in a Plea before (*) Acts of the States. (t) Chron. MSS. de JERSEY. Ch. XXV. PRIVILEGES. 172 the Parliament of Bretagne, in behalf of three JERSEY -Mer- chants taken by the French, the Court gave sentence that these Islands had the Privilege de rester neutres pendant lets guerres d'entreles deux Royaumes ; i. e. " to remain neuter " during the War betwixt the two Kingdoms." (*) Anno 1628, a Bark laden with goods from St. Malo, consigned to one BaUlehache an, inhabitant of JERSEY, was set upon in the Road by the Captain of an English Privateer, named Barker, who was ordered to restore the Bark, pursuant to this Privilege (f) (184). Lastly, in the greatest heat of the War about Rachel and the Isle of Rh, the Hosiers of Paris and Rouen had free access to these Islands i and carried off many Bales of Stockings, as those of Coutance continued to do down to the Reign of King Charles II ; our Ports, whilst carefully watched and guarded against Hostilities, being open to all who came to trade with us in a peaceable manner. Here then is a very notable Privilege, and (I think) abundantly proved ; if Charters, Broad Seals, the Judg>- ments of Courts on Record, and Books, are allowed in proof of any thing. And though at first sight, this Privilege looks as if calculated only for the good of these Islands, no doubt but the neighbouring consenting Powers likewise found their accompt in it ; Neutral Ports being of common and general benefit lo Nations. Richard 111 indeed had got into his head (as all Tyrants and Usurpers are suspicious) that the Bull obtained by his Brother Edward, and the Indulgence granted to these Islands, might be -prejudicial to him and his Kingdom ; insomuch that he issued out a Commission to make enquiry, which Rymer has published (+). But nothing appearing to have followed thereupon, 'tis plain he found ne ground for such an apprehension. As for the Pope's part in this affair, he could not deny his Protection to the Church (*) Tbis Plea is in print. (f) In the Rolls of the Court. (|) Rex dilecto &c. Cam qua-darn Bulla, tempore Domini Edwardi nuper Regis .Ang-liae quarti, pro militate, incolarum infra Insulas nostras de GERSF.Y et Guernezey obtenta fiierat, qua? forsan nobis et regno tiostro redundare posset in preejudicium. Nos vobis auctoritatem et potestatem per prajentes damus et committimus ad inquirendum &c. Fcedera. Tom. XII. pag- 269. - 173 PRIVILEGES. and Church-men in these Islands and the adjoining Conti- nent, whose Case at that time stood thus. We of the Islands were under the Jurisdiction of a Foreign Bishop, the Diocese of Coutance not being as now confined within the Main- Land of Normandy, but extending itself to us, and taking us in. The great Norman Abbots had the Advowson and Impropriation of all the Churches here, with other Estates besides in Land (185). So then, the Clergy must of neces- sity go over to Coutance for Orders and Institution, or for other matters occasionally to be transacted with their Diocesan. Thither also must Appeals from the Bishop's Commissary be carried. The Abbots must have their Stewards and Agents going and coming to collect their Revenues, and manage their respective interests. But how could this be, without a Communication kept open between the Islands and the Continent, even in time of War ? They likewise whom a mistaken Devotion brought hither to visit pretended Holy Places, and Privileged Churches (for we were not without such) (*) must pass and repass unmolested. These things being laid before Sixtus IV, no wonder if he thundered as he did against all who should obstruct the Navigation to and from these Islands to the cutting off the Intercouse betwixt a Pastor and his Flock, and to the manifest injury of so many Religious Persons concerned in the Freedom of these Seas. So long therefore as the Censures of Rome were dreaded, there was an undisturbed ingress and regress here for all, even Enemies, who came unarmed. And such fora good space, was the state of things in these Parts ; which also coincided with those peaceful Times spoken of in the First Chapter, when the French were wholly intent on their Conquests beyond the Alps. But now followed a great Change. Henry VIII quarrelled with the Pope, and seized on all the Possessions of the Norman Abbots in these Islands, who after that had no farther business here. He left us indeed under the Bishop of Coutance, but the ensuing Reformation by (*) From the Church of St. Peter-Port in Gaernczey being specially named iu the Bull, I should guess it to have bccu such a Privileged Church. PRIVILEGES. 114. Edward VI and Queen Elizabeth threw him out too. Then did the French begin to be troublesome again on their return from their Wars in Italy. And so the Foundations sinking, on which this Privilege had been first built, and on which it mainly stood, it shook, yet fell not all at once. In Disputes about Prizes, it was sometimes appealed to with success, as in the Instances above, but was oftner disre- garded. We have it perpetuated in all our Charters, though with small hopes of receiving any advantage even from That ; and perhaps we ourselves have put a bar to all future Claims and Pretensions to it, by our Privateering in the late Wars (186). In short, like many other antiquated things, it seems to have no place or being now but in Books and Parchments ; and 'tis principally out of respect to those Learned Men, who have done us the honour to take notice of it as a great Rarity and Peculiarity of these Islands, that I have said so much about it. CHAPTER VII. Religion. There are still to be seen iri this Island some Old Monu- ments of Paganism. They are great flat Rag-Stones, of vast bulk and weight, raised three or four foot from the ground, and born up by others of a less size. We call them Poquelayes, a Word I can hear of no where else, and there- fore take it to be purely local. But these Poquelayes are indubitably the same with the Cromlechs, so accurately described, and largely accounted for, by Mr. Rowlands in his Mona antiqua restaurata (*), and Mr. Toland in his Specimen of the Critical History of the Celtic Religion (f), besides what is said of them by others. They are found more or less in all these Parts of the World, where the Superstition of the Druids those famous Priests among the ancient Celts (+) and JBritons, obtained before the days of Christianity ; and are the Altars whereon Sacrifices were offered by them, not of Beasts only, but of Living Men also, as Ccesar (), Tacitus (||), and all Historians bear witness. Now, because in this Island, these Poquelayes or Cromlechs are generally erected on eminences near the Sea, I was inclined to think them dedicated to the Divinities of the Ocean. But herein I stand corrected by Mr. Toland, who having seen my Book, observes, that the Culture of the inland Parts is the reason that few Poquelayes are left, besides those on the barren rocks and hills on the Sea- side ; nor is that Situation alone sufficient for entitling (*) First Essay. Sect. VII. pag, 47 &c. Second Essay. pag.2I3&c. (f) Collection of Posthumous Pieces. Vol 1. pag. 96 &c. (|) The Celts were those Gauls who possessed the Country betwixt the Seine, the Rhine, and the Garonne ; and these Islands being comprized in that Division, it follows that we also are Celts in our Original, consequently involved in the same cruel superstition. () De Bello Galileo. Lib. VI. (ID Aonal. Lib. XIV. RELIGION. 170 efiem to the Marine Powers, there being proper Marks to distinguish such wheresoever situated (*). I must own this animadversion to be just, being apprized that here and there in this Island, one meets with a Field, or enclosed ground, bearing the name of le Clos de la Poquelaye, an evident sign and token that on the same Spot, there formerly stood one of those Altars, since removed and carried away to make room for the plough. Mr. Poingdestre judged them in all more than half a hundred, so that in proportion to the bigness of the Island, they must have been as nume- rous here as in the Isle of Anglesey itself, which was the chief residence of the Druids. The present Age, being very inquisitive into such Antiquities, it will not (I presume) be disagreeable to the Reader, to have three or four of the most intire of these Poquelayes presented to his View in the Notes (f) ; an ingenious Friend having at my request (*} Ut sap. pag. 99. (t) In the Parish of St. Heller, at a place called le Die, and on an artificial rising ground, there are no less than three of these Altars contiguous to one another. The Upper-Stone of the First and principal, measures in length fifteen foot, in breadth six and a half, in thickness four, and has three Sup- porters. That of the Second, to the East of the First, is twelve foot long, two and a half broad, and Betwixt two and three thick. The Third, to the West, lyes flat on the ground, seven foot long, and two broad. On the North are four other great Stones lying along the side of the hillock. From the Ruins I should guess this to have been one of the Druidish Temples, which were only Orbicular rows of Stones, inclosing within the area one or more Altars, whereon they sacrificed sub doi In the same Parish upon St. Heller's Hill, is another of these Altars, supported, as before, the incumbent Stone fourteen foot long, seven and a half broad, and three thick. Near it was a Circle of other Stones, whereof one only remains, the rest having been broken to make a wall hard by (187) Another again in the same Parish, on the height of a noted place called le rouge Bouillon, eleven foot and a half long, ten broad, and two thick, with other Stones lying scatte- red about the same Near MontOrgueil Castle, there is one on five Sup- porters which exceeds the rest, being fifteen foot in lauglh, ten and a half in breadth, three and a half iu thickness. With its weight it has made the Supporters sink so deep iu the earth, that one must creep to go under it. I shall mention but one more of these Monuments, differing somewhat from the former. It consists of one and twenty Stones, set on end in the form of an Oval. Within this Oval are fourteen others in two strait rows, seven of a side, which sustain three large Flags, each six foot in the Diameter, so that the said Flags, lying close and touching one another, may be supposed to have made one Altar eighteen foot in length. Now this also I take for a Temple, one I mean of the less sort. For 'tis observed that those Temples of the Druids differed in magnitude, as Christian Churches do now- It stands near Rosel-Haven, on a Cliff or Hill, called le Couperon ; and into the side of the same Hill are Caverns wrought, leading into one another, the entrance three foot high and two wide 5 but for what use intended I am not 177 BELIOION. taken the Dimensions of them with great exactness. I would only add, that the Sight of those Barbarous Altars, which have so often been besmeared and seen smoaking with Human Blood, should remind us and others among whom they still subsist, of God's infinite grace and mercy, in extinguishing so hellish a Superstition by the Gospel of his Son. The Romans, though themselves Idolaters, yet abhorring Human Sacrifices, did all they could to put a stop to them where they found them practised, giving no quarter to the Druids the Ministers of those execrable Rites. But the utter abolishing of them was reserved to be the glory and triumph of Christianity. The first Providential step towards the Convertion of these Islands, was, the Migration of great numbers of Holy Men, Bishops and Priests, and a pious Laity, out of Great Britain into America, flying from before the face of the prevailing Heathen Saxons. Among those Fugitives, the most conspicuous, as for the Sanctity of his Life, so for the Eminence of his Character, was St. Samson (188), who had been a Metropolitan in Britain ; but whether of York, or of Menevia (now St. Davids') is so little agreed upon, that after all the pains taken by our most Learned Usher (*) to collect and compare Vouchers on both sides, the matter remains in obscurity. That he was a British Archbishop, and carried the Pall with him into Armorica, is certain, able to say; unless that, being so near the Temple, the miserable Victims were there shut up and secured till they were brought to the Altar, on the solemn Days appointed for Sacrifice. 1 cannot yet end without taking notice of another extraordinary Stone, which I myself remen.ber standing 1 in a place called les Landes Pallot, not far from my House in the Parish of St. Saviour. It was a Rocking Stone, of the same nature with the famous one in Scotland demolished by Cromwell's Soldiers, and with others in England. This in my neighbourhood was roundish (as such must of necessity be) very big, and bearing on the natural Rock underneath with so just a Counterpoize, that a Child might stir it with a finger, when the united strength of many people could not move it from its place. Means however have been found (as I am informed) to cast it down, for the sake of the Splinters to be employ- ed in building. But 'tis not known whether the same Artifice was used in poizing and ballancing it, which Sir Robert Sibbard says was disco- vered at the demolishing of the Scottish Stone. 'Tis thought these Eocking Stones were the Contrivance of the Druids^o make the credulous Multitude believe that they had the Power of working Miracles. (*) Britannicarnm Ecclesiarum Antiquitates. Cap. V. pag. 39 , &c. Ite- rum Cap. XIV. p. 276. et in Indice Chronologic passim. RELIGION. 178 and confessed by all. His reception there likewise was an- swerable to the Rank he had held in his own Country, the See of Dol being confered upon him, and in his favour erected into a Metropolis (*). And because the same was but of narrow Extent, unequal to the Dignity to which it was now raised, great Accessions were made to it by the Munificence of Princes (f). These Islands were then under the Kings of France, who had lately embraced Christianity ; and Childe- bert, Son of Clovis, made a gift of them to St. Samson, for an Augmentation to his small Diocese ; as we learn from D'Argentre, who affirms that he himself had perused the Writings of that Donation. A cest Archevesque Childebert donna quelques Isles et Terres en JNormandie (+) ; Rimoul, Augie, Sargie, et Vesargie, qui estoint Isles en la Coste ; car je trouve cela aux vielles Lettres (), i. e. " To this " Archbishop Childebert gave some Islands and Lands in " Normandy ; Rimoul, Augie, Sargie, and Vesargie, which " were Islands on the Coast ; for so I find in old Instruments " and Records." That Augie was an ancient Name of JERSEY, has been shewn in the entrance of this Work. The other three therefore must be, Erme, Sark, and Guernezey, as some affinity remaining in the names plainly enough indicates. Alderney is not in the Grant, because too remote from Dol. In those days, albeit Christianity did already predominate, and Bishops were established in every consider- able City, yet Paganism kept still and long its footing in Vil- lages (||), and distant corners ; the Territory of Dol particu- larly continuing to be so infected with it, that the remainder (*) ""Till then the Bishops of Armorica had been Suffragans of Tours. Dol maintained itself in itt new Dignity above six hundred years. After great and long contestations the same was restored to Touis. (f) Cest Eveschda plusieurs Benefices en sa Collation, voire semez et enclosaux autres Dioceses, qui luy out este anciennemeut donnez etattri- buez pour reparer la petitesse de son estendue, et auctoriser le litre d'Ar- chevesche. D'Argentre Hist, de Bret. Liv. I. Cb. XIX. fol. 65. (J) 'Tis so called here by anticipation. Its name then was Neustria. () Hist, de Bret. Liv. I. Ch. XXVIII. fol. 114. (||) From Pagus, a Village, was formed Religio Pagana, as much as to say, the Religion of Villagers and Peasants. For among them Heathenism re- treated, when banished out of Cities ; and such even now are mo^t tenacious of any Superstition they have once imbibed. C 2 of St. Samson's Life scarce sufficed for the rooting of it out 7 whereby it came to pass, that he could not give the attention he wished to the Care of these Islands, which devolved on his Successor. Nevertheless, in remembrance of him, when the Islands became Christian, a Parochial Church was built and dedicated to his Name in Guernezey, to this day called rEglise Sf Paroisse de St. Samson. He was a worthy Prelate, famous in his time (*). He subscribed to the Hid. Council of Paris, and finished his Course about the year 565. Most of the Sees in Armorica were then filled with British Bishops, who had accompanied St. Samson in his flight ; but in his own Diocese and Metropolitan Dignity, he left his Nephew St. Magloire (a Briton likewise) to succeed him (f). And this was He whom it pleased God to make the happy Instrument of bringing these Islands, which sate in darkness and the shadow of death, to the Knowledge of himself. This Holy Man, the better to fulfill the work of aa Evangelist, resolved to quit his Bishoprick ; and accord- ingly resigned it to St. Budoc, one of his Disciples. Then taking with him a select number of proper Assistants, he sailed for the Islands. JERSEY lies the nearest to. Dol, how- ever for that time he passed it by, and landed in Sark, which is some leagues beyond ; chusing that small Place for recollection and prayer, before he entered farther on his Ministry. And there he raised a little Monastery, or Col- lege of Priests, for a supply to the Islands in after-times, by whom I make no doubt but the Word of Salvation was (*) On raconte de luy un grand nombre de Miracles, et 1'Eglise 1'hooore le vingt-huitiemc de Juiliet. Fleury Hist. Eccles. Liv. XXXIV. Sect. 14. (f) St. Magloire, fut nomm par St. Samson pour I'ny sttcceder dans la Digrtitg Episcopate. II estoit son parent, mais il est a croire que Samson dcouta plus dans ce choix la voix du Ciel que celle de la chair ou du Sang. Magloire ne tint pas long-terns le Siege, il se nomma aussi an Successeur, qui fut Budoc, et se retii-a d'abord dans une dependance de son Eglise, ou il bastit un Monastere, et puis dans TIslc de GERSE, ou il en bastit un autre, et y mourut vers Pan 586. Dora. Lobineau Hist, de Bretagne. Twtn I. Liv. 11. . 196. De S. Samsoue simul et S. Maglorio videantur Girald. Cambr. in Itener. Lib, II. Cap. I. Andr. Saussay, in Martyrol Gallic. parte poster. fol. 774. Laurent Suriua in Vita Maglorii. Tom. V. ad Oct. 24. Cum caeteris qnos notat celeberr, Usserius loc. suprad. RTBLIGION: ISO over to Gusrnezey, for I do not find that he himself was ever there in person. This little Monastery was still in being eight hundred years after, viz. in the Reign of Edward I If, as appears from an Accompt in the Remembrancer' '& Office (*) (189), mentioning an annual Pension allowed by the Crown, Conventui Sancti Maglorii in Insuld Sargiensi, i; e. " to the Convent of St. Magloire in the Island of &ark t " Having done this, he sailed again, and came to JEKSEY ; where by his powerful Preaching, his exemplary tiving, and the mighty Works which God wrought thro' his means (if the Writers of his Life may be credited) he laboured so successfully, that the Governor (whom some call Loyescon} and alf the Inhabitants, renouncing Idolatry, were baptized into the? Faith of Christ. The rest of his Life he spent in the Island, for here also he died, and was buried iri a little Chapel hard by the Free-School in the Parish of St. Saviour. Of this Chapel the Foundations are still visible, and the School is from him called VEcole de St. Magloiru corruptly St. Manlier. To proceed a little further in our account of one to whom under God we owe that we are Christians, his Body having rested in this Island upwards of two hundred and sixty years', Nominod (ah Neomenius) who then reigned in Bretagne (for now Armorica was so called)would have it over, to reposite it in the Monastery of Lehon near Dinan, which he was founding (f). There it lay till the irruption of the Normans, for fear of whom the Religious fled with it to Chart res, higher up in the Country. From Chartres it had another remove some time after, being translated to Paris, where Hugues Capet, afterwards King (*) Seen by Mr. Poingdestre, as I find in his papers. (f) Neomene fonda le Prieure de Lehon, qui est pros de Dinan, et Jist r'apporler le corps de St. Magloire, qui etoit ensevely en risle, qui est risle de. JAKZE, a In coste de Normandie, lei/uel apartenait d fEvesque de Dal. Dargent. Hist, de Bret. Liv. ll.'Ch. XVIII. fol. 136. verso Nomi- \\oefutlefondateur de rAbba'ie de Lehon pres de Dinau et y avoit trouve six Moines leur avoit fait esperer qu'il leur donneroit un e'tallissement s^ils pouvoient trouver quelque Corps Saint, et reporter en Bretagne. On regardoit en ce temps la ces itorte* de larcins comme des actions d"un grande merite. Un de ces Moines blla en risle de J ARZE, oil St. Magloire avoit estc enterre. II persuada a ceux QW gardoient ces sacrees dt.pouilles de /e.t tirer de la terre, pour les apporter <>n, Br^ague. Dom Lobineau Hist.de Bret. Tom. l.Liy. II. 62. 181 RELIGION. of France, and Founder of the present Royal Race, caused an Abbey-Church to be built for its reception, bearing the name of St. Barthelemy Sf St. Magloire (*) (190). These extraordinary honours done to his Ashes, are not set forth here by way of approbation, but only for a proof of those eminent Virtues, and Zeal in propagating Christianity, which spread his Fame, and handed it down to the following Generations. The Day whereon he is commemorated, is Oct. 24 Ct) That Heavenly Truth which he had prached, received farther confirmation from the coming of another Venerable Prelate amongst us. This was Prcetextatus, Archbishop of Rouen in Neustria, whom Fredegund wife of Chilperic King of France, by violence and calumny had got to be driven from his See, and banished into this Island (+). Finding here a Christian Church, yet in a State of Infancy, he would not be wanting to tender it, and promote its growth in Piety and Knowledge. His Exile lasted about ten years, whereby he had time and opportunity to exert his Charity towards us. All the while the People of Rouen lamented the absence of their Pastor, and called aloud to have him restored to them. He was so ; but not long after, the cruel Queen sent an Assassin who murthered him in his Church, for which he is honoured as a Martyr (), and Orderic Uticensis has this Distych on him, Occubuit Martyr Pra3textatus, Fredegundis Regince monitu, pro Christi nomine Jesu (||). Thus did Christianity gain entrance into these Islands, and that at a time when it was yet pure, unmixed with any (*) Paris ancien et nouveau par Le Maire- Tom. 1. pag. 356. (t) II fit quantity de miracles, et roourut vers Pan 575, le vingt-quatrieme d'Octobre, joor auquel I'Ejrlise celebre sa memoire. Fleury Hist. Eccl. Liv. XXXIV. Sect. 14. This Historian gives him eleven years less of Life than Dom Lobineau. But 'tis scarce possible to adjust with a Critical nicety the Chronology of those Times. (|) Gregor. Turon. Hist. Franc. Lib. V. Cap. XVIII. L'Eglise honors Saint Pretextat comme Martyr, ier. Fleury Hist. Eccles. Liv. XXXIV. Sect. 52. Hist. Ecclea. Lib. V, apud Du Chesne Norman. Scriptor. pag. 560. () L'Eglisehonorei Saint Pretextat comme Martyr, le vingt-quatrieme de Fevrier. Fleury Hist. Eccles. Liv. XXXIV. Sect. 52. RELIGION. 182 hurtful Errors, either in Faith or Practice. It was the same Christianity which the Old British Churches pro- fessed, antecedently to Austin's mission into England by Gregory the great. For they who first preached it to us, were themselves Ministers of those Churches. Bishop Jeivel, 'tis well known, challenged the Adversaries of the Reformation to shew, though but in one single Point, that Popery (truely such) had any existence in the World for the first six hundred years after Christ. Our Conver- sion falls within those Years. It was wrought within that Period. Which I desire to have well noted, lest some, by confounding Times, go away with a notion, that our St. Samson and St. Magloire were belike such Saints as they whom Rome has canonized in latter Ages, and with whose forged Miracles the Popish Legends are filled. Those deserve the Honour, as much as These (or most of them) are unworthy of it. And yet even Those Good Men could not have their pious Labours for Religion transmitted to Posterity by Monkish Writers, without some allay of Fable and Fiction ; which an intelligent Reader will neglect, and rest on well attested Facts, or such at least as from collate- ral Circumstances have a fair appearance of Credibility. The coming in here of the Normans followed the Establishment of Christianity ; yet not untill by lenght of Time it had sunk into the hearts of Men, and got strength to stand against the Assaults and Persecutions of those Barbarians ; concerning whom, and their declared ennemity to Christ's Religion, I refer to what is said in the First Chapter. We have indeed but one Martyr remembered by name, of whom they made a Sacrifice to their Gods, viz. St. Helier (*) (191) ; but they who took so much delight in shedding Christian Blood, would hardly be satisfied with that of only one Holy Man amongst us. 'Tis owing to the darkness and remoteness of those Ages that we have no Memoirs of other Sufferers. Such Memoirs, if extant, would shew these Islands reeking with the Blood of the Inhabitants, and every Sacred Mansion therein made a heap (*) See Chapter the First. 183 RELIGION. of rubbish. For how should we escape sharing in the* common desolation of other Christian Countries about us in those calamitous days ? But behold a wonder ! of those same cruel Heathens and Persecutors, it pleased God to make Converts ; briefly, to work such a Change in them, that they became a Religious People. I mean, as Religion then stood. For it had already lost much of its first Purity. Many Corruptions were already crept into it. The Zeal of Christians ran then chiefly upon building. of Churches and Monasteries, and filling them with Relicks of Saints ; in which the Normans quickly outdid all others (*), meaning thereby to atone for the havock they had made of so many Holy Places whilst they were yet Pagans. For one they had destroyed, they built two. Insomuch that no Province of France can vie with Normandy for numbers of Religious Foundations. Hollo their Chief, and first Duke, led the way (f) j his Successors followed the example; and thei'e was scarce a Man of Rank and Estate among them, but would be Founder of some House of Devotion. In JERSEY, small as the Island is^ there arose a goodly Abbey, that of St. Heller (?) ; four Priories, viz. Noirmont, St. Clement, Bonne-nuit, and de Lecq ; twelve Parish- Churches, of so solid a- structure that Time has hitherto made little impression on them (192) ; and lastly, upwards of twenty Chapels, some now in- ruins, others remaining on foot, whereof two are more especially remarkable. 1. La Chapelle de Notre Dame des pas, so called from a pretended Apparition of the Blessed Virgin, and the print of her steps in the rock whereon the Chapel is built. 2. La Hogue-bie, seated on a high artificial Mount, facing Normandy. Hogue is a word with us of the same general import as agger and (*) Ut quampriinum Normanni Christo sunt regenerati, protinAs pictatis operibus addictissimi extitcre ; necnon sacris sedibus extruendis, resarcien- dis, vel amplificandis, impcnsu aninuini dederunt, &c. Neustria pia, ad Gemet. Cap. XIV, pag. 301. En ceSiecleld, la Religion etait plus floris- sante en Normandie que dans laplupart des autres pa'i's. Temoin la Piete singuliere des Dues, les Temples somptueux-qu'ils firentddifier, &c. Masse- ville. Hist, de Norm. Part, I. pag, 280. (f) Ecclesias funditfts fusas statuit Templa destructarestauravit, &c. Dudode moribus prim. Normau. apud Du Chosne. Lib. II. pag. 85. (J) See Chapter the First. RELIGION. 184 tumidm in Latin ; but here more nearly answers to what in England is called a Barrow, i. e. a Pile of turf and earth raised with the hands on body or bodies of one or more illus- trious Dead, slain in single Combat or in War. Of these Hogues we have divers in Jersey (*) (193) but this exceeds the rest, both in height, and in the Circumference of the area which it takes up. The Tradition concerning it and the Cha- pel above it, is, that a certain Nornam Nobleman, Seigneur de Hambie, being killed in this Island, his Widow caused this extraordinary Monument to be erected over him, and had it carried up to that height, purposely that from her Window in Normandy she might at all hours have a sight of the Place where the dear Man lay interred. The Chapel on the top, as it added to the height, and brought the beloved Object still nearer, so it served at the same time for Masses to be said therein for the Soul of the Deceased, according to the Superstition then in vogue. And thus far the Tradition has nothing improbable in it. For the Seigneurs de Hambie were well known in their time, and make a figure in the History of Normandy. They were Founders of the Abbey of Hambie (f), not far from Coutance ; and their Family name being Paisnel, latinized into Paga- nellus (+), they communicated the same to a Fief which they possessed in this Island, still called le Fief de Paisnel. But there are other Circumstances accompanying the Story, which have too much the Air of Romance to be taken in here. The whole from the Latin MSS. will be found in the Appendix Numb. X. Mr. Poingdestre indeed was of opinion, that this and the other Hogues in this Island were raised at the time that the Normans began their inroads into these parts ; and were intended for Speculce, or Watch-hills to discover those (*) But more formerly, which have been levelled for Culture of the Land, as the Poquelayes takeu away for the same reason. (f) Neustria pia. ad Hambey. Cap. I. pag. 821. (J) Fulco Pagan ell us de Normannia, vir nobilis, et Willielmus frater ejus, &c Matt. Par is. Hist. maj. ad an. 1230. pag. 399. Duosuerc Paganelli, Fulco et Gulielmus fratres, Heroes, &c,Polyd. Verg. in Heur. III. Lib. XVI. pag. 299. 185 RELIGION. Rovers at Sea, and give notice of their approach ; and that the Chapel was built afterwards by one Mabon, Dean of the Island, about the Year 1520. But I cannot see the neces- sity of such Speculce, where the Land is so high as naturally and of itself to afford a free prospect all around. And 'tis from taking too slight, or too distant an observation of the Chapel, that the same learned Gentleman abscribes it to Mabon / who ('tis true) made an addition to it, but such as is easily distinguishable from the more ancient Building. Mabon had been to visit the Holy Places at Jerusalem, and at his return thought that by setting up a Representation of our Lord's Sepulchre, he might excite a greater fervour of Devotion among the People. Accordingly he lenghtned the Chapel to the East, and excavated a Place under the Altar, with Passages leading down to it, which imitated not ill the Repository of our Lord's Sacred Body, as Sandys and other Travellers describe the same. Our Chronicler represents this Man as a great Deceiver, who by feigned Visions and Apparitions in this Place, drew many Offerings to it, and no small gain to himself (*). In a word, it was the great Scene of Popish Superstition and Imposture, whilst that Religion had footing amongst us. It has been shewn above how all these Islands, by the concession of a King of France, were annexed to the See of Dol in Armorica or Bretagne, which was a detaching them (at least as to Spiritual Concerns) from the Province to which they naturally belonged, viz. Neustria. But when about three hundred and fifty years after, another King of France yeilded up Nemtria to Rollo and his Nor- mans, and These fell out with the Britons about the Limits of their Territories and other matters, they would not suffer an Alien, and often an Enemy, to have any thing any longer to do here. They withdrew us from him, and placed us under a Bishop of their own, the Bishop of Coutance ; who being the nearest, was for that reason the fittest to have the superintendency over us. By the advantage of this mutual Neighbourhood, we sometimes enjoyed the Presence of our (*) Chron. MSS. dc JERSEY, Ch. 1. RELIGION. 186 Bishop, a happiness which in these latter Times we are unacquainted with. I have in my hands a Transcript from the Archives of Coutance, recording the Year and Day of the Consecration of every Church in JERSEY, which neces- sarily supposes the Bishop present on those Occasions (194). For I do not remember that the Power of consecrating Churches was wont to be delegated to an Inferior Minister. Under this Bishop we continued till the Reformation, notwithstanding our Separation from Normandy. Once King John, in a fit of anger for the loss of that Province, had resolved to transfer us to Exeter (*) ; but either changed his mind, or by his troubles was diverted from doing it. Henry VII, went farther, having actually procured a Bull from Rome to lay us to Salisbury, and then another (upon cancelling the first) to remove us to Winchester ; yet neither of them took effect though the Bull for Winchester be entered in Bishop Langton's Register (f) (195). It may be seen in Rymer (J), and likewise in the Appendix Nunib. XI. 'Tis probable Queen Elizabeth took the hint from her Grandfather, when at length she fixed us in the Diocese last named. Now for the exercise of such Acts of Ecclesiastical Jurisdiction as he could depute to another, the Bishop of Coutance had in each Island of JERSEY and Guernezey a Commissary with a sort of Archidiaconal Power, but better known by the name of Dean ; and if the Bishops ofDol had the same, which can hardly be questioned, the Office must be of the like standing here as Christianity itself. The said Dean, in executing his Commission, met sometimes with opposition from the Governor, and was forced to seek relief from the Soveraign, as in the instance below among the Notes (). (*) Hotel. Insular. ia Scaccar. (f) FoK20. (J) Foedera. Tom. XII. pag; 740. (). Claus. an, 23. Ed. I. m. 6, Cedula. Edwardus &c. dilecto & fideli suo Henricode Cobham, Custodi Insularum Quiaaccepimus quod Decanus Insu- le nostre de Genereye (*) prcdicte, super aliquibus que spectant ad Jurisdic- tionem suam in eadein Insula per vos hactcnus extitit impeditus, quo minus cam exercere potuit vel debeat ; Nolentes cidcm Decano injuriari ia hac par- (*) The Transcriber of this Record has somispelled the name of the Island that one knows not which of the two is meant. JERSEY or Guernerey. D 2 187 RELIGION. Something also has been said of the great Possessions oT the Norman Abbots in these Islands. It was the same in all, but I shall confine this account singly to JERSEY. Here then those Abbots were Lords of several good Manours, and had the Priories reduced to Cells and Dependances on their Houses. They were Patrons of all the Churches, and shared the Tythes of them all, leaving only a very mean and unequal Portion to those who ministered at the Altar. Which different Allotments will best appear by inserting the follow- ing Extract from the Black Book of Coutance, attested under the Episcopal Seal of that our then Mother-Church. Of this there is handed an old English Translation supposed to be made in the Time of Edward VI. or Queen Elizabeth, varying in some particulars from the Latin. I have set them one against the other, that he who will may compare them. Universis prcesentes litteras inspecturis, Officialis CQD- stantiensis Salutem. Notum facimus quod nos ad reques- tam religiosorum virorum Abbatis 8f Conventus Sancti Salvatoris Vicecomitis, visitavimus, legimus, 8f inspeximus, atque visitari, legi, fy inspici fecimus, quendam librum in Domo sen Manerio Episcopali Constantiensi existentem, vulgariter Librum Nigrnm nuncupatum, in quo vidimus 8f legimus nonnullas Clausulas, Ecclesias, 8f Beneftcia Insulce JERSEY, fy de eis cum praefato Libro Nigro collationem feci- mus diligenter. Quarum quidem Clausularum tenor sequi- tur de verbo ad verbum, 8f est tails. Ecclesia Sancti Breverlardi. The Church of St. Brelade. Patronus, Abbas, Sancti , The Patron thereof is the Salvatoris Vicecomitis, & tibbot of St. Saviour Vicount, percipitduaspartesgarbarum, who have two parts of the & Rector sextam, Abbatissa Tyt he-sheaves, the Minister de Cadomo Abbatissa the sixth part, the Abbess of Vilmonasterij duodecimam. Caen the twelfth part, the te, vcbis mandamus quod ipsum Decanum jurisdictione sua pacitice uti pori- niittatis, prouteauti debet, etliactenus nti consuevit; Ita tamen qnod nihil exerceat in prejudieium nostre regie diguitatis, uosque super causa inpedi- nicnti predict! per vos eidem Decano fie illati in proximo Parliamento sub Sitrillo vestro distinctc etaperte reddatis certiores. T. meipso ap. Weslro. XXVI. die Aug. an, Regni nostri vicesimo tertio. Vid. Ryley's Placita Parlia- ment, iu Appeud. pag.468. RELIGION. ISS Rector item habet sex. Virgas Eleemosynse. Et valet dicta Ecclesia annis communibus triginta librae Turonenses. Ecclesia Sancti Pctri. Patronus, Abbas .Sancti Salvatoris Vicecomitis, & percipit medietatem garba- rum, Abbatissa Cadomensis quartam garbam, & Abbatis- sa Vilmonasteriensis aliam quartam, excepta Carucata des Nobretetz. Rector per- cipit Novalia, et habet octo virgas terras Eleemosynae & valet triginta libras Turonen- ses. Ecclesia de Trinitate. Patronus, Abbas Caesaris- burgi. Abbas Sancti Salva- toris Vicecomitis percipit sextam garbam, Abbas Cae- saris-burgi tertiam, & li- beram decimam ; Episcopus Auritanus medietatem gar- barum. Rector percipit No- valia, & habet octo virgas Eleemosynae ; & valet com- munibus annis triginta libras Turonenses. Ecclesia Beatae Mariae Patronus, Abbas Caesa- riensis. Abbas Santi Salva- toris Vicecomitis percipit sextam garbam, Abbatissa Cadomensis et quar- tam partem decimne garba- rum. Rector percipit tertiam Abbess of the Monastery Villiers (*) the twelfth part. Resides the Minister have six Vergies of Almes ground. And the said Church one year with another is worth thirty livres Tournois. The Church of St. Peter '5. The Patron thereof is the Abbot of St. Saviour Vicount, ic ho have half the Sheaves, the Abbess o/Caen the fourth part, and the Abbess of the Monastery Villiers the other fourth, excepta Carucata of the Nobretey. The Minister have the JVovals, and four Vergies of Alms, and it is worth thirty livres Tournois. Trinitie Church. The Patron thereof is the Abbot of Sherburg. The Abbot of St. Saviour Vicount have the sixth sheave, the Abbot of Sherburg the third> and the free Tythe ; the Bi- shop of Avranche half the sheaves. The Minister have the JVovals, and eight Ver- gies of Almes ; and it is worth one year with another thirty livres Tournois. The Church of St. Marie. The Patron thereof is the Abbot of Sherburg. The Ab- bot q/'si.SaviourVicount have the sixth sheave, the Abbess of Caen and of the- Monas- tery Villiers, every' one of them the fourth part of the (*) Villiers Canivet. 189 RELIGION. parlem garbarum, & habet Tythe of the sheaves. TJie sexdecim virgas Eleemosynee, Minister have the third part of the sheaves, and sixteen Vergies of Almes, and it is worth yearly thirty livres Tournois. & valet triginta libras Turo- nenses. Ecclesia Sancti Johannis Patronus, Abbas Sancti Salvatoris Vicecomitis, & percipit totam decimam, et Ecclesia ibidem Prioratus ejusdem Monasterij. Et stint ibi duae virgae Eleemosynae, & valet viginti octo libras Turonenses. The Church of St. John. The Patron thereof is the Abbot of St. Saviour Vi- count, who have the whole Tythe, and there is the Priory of the said Monas- tery. And there is twelve Vergies of Almes, and it is worth eighteen livres Tour- nois. Ecclesia Sancti Audoeni. The Church of St. Ouen. Patronus Abbas Sancti Mi- chaelis in periculo marts, & percipit ibi duas garbas, & quatuor libras Turonenses. Abbatissa Cadom. & Monas- terij Fillers duodecimam garbam ; Abbas Sancti Sal- vatoris Vicecomitis sextain garbam. Rector habet qua- tuor virgas Eleemosynse, & valet triginta libras Turonen- ses. Ecclesia Sancti Laurentij. Patronus, Abbas de Blan- ch Landa, & percipit tertiam partemdecimae ; Abbas Sancti Salvatoris Vicecomitis Sex- tam Episcopus Aurensis me- dietatem. Rector habet sex- decim virgas EleemosynaB, & valet triginta libras Turo- nenses. The Patron thereof is the Abbot of St. Michael in the danger of the Sea, who have two sheaves, and four livres Tournois. The Abbess of Caen and of the Monastery Villers every of them the twelfth sheave ; the Abbot of St. Saviour Vicount the sixth. The Minister have four Vergies of Almes, and it is worth thirty livres tour- nois. The Church of St. Lawrence. The Patron thereof is the Abbot of Blancheland, who have the third part of the tythe ; the Abbot of St. Sa- viour Vicount the sixth ; the Bishop of Avranche the half. The Minister have sixteen Vergies of Almes, and it is worth thirty five livres tournois. RELIGION. 190 Ecclesia Sancti Salvatoris. The Church of St. Saviour. The Patron thereof is the Archdeacon of Vallis Viriz (*) in the Church of Constance, And there is a Vicarie who giveth yearly twenty livres Tournois to- the Archdeacon. The Bishop of Constance have half the Tythes, the Archdeacon the third, the Abbot of St. Sa- viour the sixth. And the Vi- carie have twenty four Ver- gies of Almes. Patronus, Archidiaconus Vallis fir is in Ecclesia Con- stantiensi. Et est ibi Vica- rius (196) qui reddit Archi- diacono annuatim viginti lib- bras Turonenses. Dominus Episcopus Constantiensis}>er- cipit medietatem decimae, Archidiaconus tertiam, Abbas Sancti Salvatoris Vicecomi- tis sextam. Et habet Vicarius viginti quator virgas mosynae Ecclesia Sancti dementis. The Church of St. Clement. Patronus, Abbas Sancti Salvatoris Vicecomitis. Rec- tor percipit quartam & quin- tam garbam ; Abbas Sancti Salvatoris Vicecomitis, Ab- batissa Cadom. & Monas- terij Villers residuum. Et ibi viginti quatuor Virgas Eleemosynae, & valet qua- draginta libras Turonenses. The Patron thereof is the Abbot of St. Saviour. The Minister have the fourth and fifth sheave ; The Abbot of St. Saviour, the Abbess of Caen and of the Monastery Villiers, the rest. And there is twenty four Versies of Almes, and it is worth forty livresTournois. Ecclesia Sancti Martinive- The Church of St. Martin's, teris. Patronus, Abbas Ccesa- riensis, & percipit ibi centum Bolidos de pensione. Rector percipit tertiam partem deci- mse, et habet viginti sex Virgas Eleemosynae. Abbas Sancti Salvatoris Vicecomi- tis sextam garbam ; Abba- tissa Cadom. & Monastery Villers quartam partem ; et valet septuaginta libras Turo- nenses. The Patron thereof is the Abbot offfherburg, who have a hundred Souce of pension. The Minister have the third part of the Tythe, and twen- ty six Vergies of Almes. The Abbot of St. Saviour Vi- count have the sixth sheave ; the Abbess of Caen and of the Monastery Villers every of them the fourth part ; and it is worth seventy Liyres Tournois. (*) Vauvert. 191 RELIGION. Ecclesia de Grovilld. Grouville Church. Patronus, Abbas de Exa- The Patron thereof is the quio. Percipit quartam gar- Abbot of Lassey (*) who have bam; Abbas sancti Salvatoris the fourth Sheave-, the Ab- FzcecomzY/s sextain; Abbatissa bot of St. Saviour Vicount Cadom. et Monastery Fillers the sixth ; the Abbess of meclietatem. Rector percipit Caen and of the Monastery nonam partem, et habet duo- Villers the half. The Mi- decim Virgas Eleemosynae ; mister have the ninth sheave, et valet communibus annis and twelve Vergies of Almes ; quinquaginta libras Turonen- and it is worth yearly fifty ses. livres Tournois. The Church of St.- Helier. The Patron thereof is the Abbot of St. Saviour Vicount, who have half the Tythe, and the Minister have of that half the fifth Sheave. The Abbess of Caen and of the Monastery Villers every of them the fourth part. The Minister have Vergies of Almes, and it is worth forty Livres Tournois. {33" Here the Latin Copy of this Parish is defective. Quod autem vidimus et legimus, hoc testamur. In cujus rei testimonium Sigillum magnum Curiae Episcopalis Con- stantiensis presentibus duximus opponendum. Datum Constantice, Anno Domini millesimo quadringentesimo sex- agesimo primo, sexta die mensis Februarij. These Copies having, in a long course of years, passed through the hands of many Transcribers, 'tis no wonder if there be found in them some Variations and Errors, which can hardly be rectified but by a new Collation with the Original at Coutance, if it were worth the while. Take them as they are, and they sufficiently shew how the Chur- ches in this Island were impoverished and pillaged, to enrich with their Spoils the Religious Houses in Normandy. It might reasonably have been expected that the Reformation (towards which I am hastning) should have redressed this great abuse ; so that when those Houses were stript of their Possessions here, the Tythes at least had reverted to their Primitive Designation ; the Crown contenting itself with the Patronage of the Churches, and with the seizure of the (*) Del'Essay. RELIGION. 192 "Manours and Lands. Yet so it was not. All was alike swallowed up, and without distinction thrown into the Re- venue ; Whereby the now Protestant lucumbents remain excluded from all Demands beyond the poor and scanty Proportions specified in the Extract above. But because there will be occasion to resume this Subject, I shall say no more of it at present. If a People of themselves religiously disposed (which I beg leave to say has been some time our Character) are not there withal competently knowing and enlightned, they will naturally give into every thing that has a shew of Piety, be it never so idle and childish. Such was our State under Popery, no place being more overrun with little and low Superstitions than this Island. But the time was now corne for this Darkness hanging over us to vanish at the Light of the Reformation, which in its beginning and progress with us kept, pace with England. Henry VIII. quarelled with the Pope, rather than with the Pope's Religion ; and so, except his casting out those Foreigners who made a prey of us, he left things little better than he found them. In the Reign of his Son Edward VI. the Work proceeded, as more orderly, so likewise more vigorously, and the Glorious Day brightned upon us. The English Liturgy or, (as it was then more commonly called) the Service- Book, was translated into French, sent hither, and used in all our Churches (197). Under Queen Mary, the Mass was set up again ; but through a singular Mercy of God, the Perse- cution did not rage here as in other Places. While that Queen made Bonfires of Protestants in England, one Richard Averty, a Popish Priest in this Island, was hanged for Murther by Sentence of the Royal Court (*) (198). He was a great Enemy and Persecutor of the Married Clergy, but at the same time kept a Whore, who being brought to bed, the Wretch to conceal his shame murdered the Infant, unknown to the Mother. Whereupon he was apprehended, and in spight of all the opposition made by Paulet the Popish Dean (who would have had him convened before the 'Bishop (*) Chron. MSS. de JERSEY. Ch. XXIX. 193 RELIGION. of Coutance as his'proper Judge) suffered the Death he deser- ved. This must seem an Act of great courage and resolu- tion in the Court, to any who considers the Power and Credit of the Popish Clergy in that Reign. It was not so in Guernezey, where such an inhuman barbarous Deed was committed, as the like is not to be met with in either ancient or modern Martyrologies. A poor aged Widow, and her two Daughters, whereof one named Per rot in Massey had married a Minister, who was fled for the security of his own Life, were condemned to be burnt for Heresy. The Minis- ter's wife was big with child. When she came to suffer, her belly burst through the violence of the flame, and a lovely Boy issuing forth fell gently on the faggots. The Child was taken up, and carried to the Magistrates, who sent it back, ordering it to be thrown in with the Mother. The cruel command was obeyed, and the innocent Babe baptized in Fire (*). But now came on the more happy days of good Queen Elizabeth, which restored to us True Religion, in a perfect agreement with the Church of England, and in the use again of the Liturgy, as in the time of her Brother. And it being a thing utterly inconsistent for a Protestant People to be under the Government of a popish Bishop, we were discharged from owning and acknowledging him of Coutance any longer. In the year 1565, which was the seventh of the Queen, I find two agents here from him, to lay before the Royal Court sundry Claims and Demands in his Name, as Ordinary of the Island ; offering to give Institution to some Livings then void, on the Queen's or Governor's pre- sentation, without regard to the old patrons the abbots. What answer the Court returned to the Message needs not be said ; however, the bearers were treated and dismissed civilly. Then, or soon after, we had ths Bishop of Win- chester given us for our Diocesan (199). In those same days, the Protestants in France being cruelly persecuted, the nearness of this Island invited many of their Ministers to take sanctuary here, first and last during (*) Fox. Acts and Monuments, ad an. 1556. pag. 1763- &c. RELIGION. 194 the Reign of the Queen to the numl/er of well nigh Fifty (*). The Cause for which they suffered spake too loudly in their favour not to procure them a kind reception. Some of them were men of distinction for Birth and Learning, and All so much superior to our own Clergy at that time in the Talent of eloquent and pathetic Preaching, which they had practised in France, that they grew into marvellous esteem. And had they pleased to acquiesce in the Established Order, and by their Example confirm the People in the just reverence that had thus far been paid to it, their coming amongst us would have been indeed a Blessing. For so effectually did they beat down every Superstition remaining, that in a little while not a Papist was left in the Island, nor has there been one ever since. But they were too great admirers of their own Way ; in which if they were not permitted to go on, they sticked not to declare that they would retire, and bestow their labours elsewhere. To hear this, was very grievous to an honest well-meaning People, who feared to be left without a Supply of able Ministers to preach to them, the difference of Language making it impracticable to have assistance from England. In short these Strangers so wrought, that they got possession of the Church of St. Helier, the Town-Church, where the Sieur de la Ripaudiere, a principal Man amongst them, introduced their Discipline, ordained Elders and Deacons, and giving notice of a Solemn Communion to be celebrated on a certain day, after their manner, drew multitudes from the other Parishes to partake and join with them. Nor did this yet satisfie them. They prevailed with many of the chief Inhabitants, and even of the Magistrates (still fearing a desertion, and want of Ministers) to petition the Queen for leave to have all the other Churches in the Island modelled like unto St. Helier. This the Queen thought too much to grant. I am sure it was a great deal too much for them to ask. She therefore yielding only in part to their importunity, did limit and restrain her Indulgence to the single Church of which they were already possessed ; (*) Our MS. Chrou. Ch. XXXIX, has preserved the names of two and forty of them, E 2 195 RELIGION. strictly forbidding any Change or Innovation in 4he rest, where she would have the same Order of Service which teas ordained and set forth within her Realm to be conti- nued unalterably. And this her Pleasure she signified by her Council to the Bailly and Jurats, in the following Letter. After our very hearty commendations unto you ; Whereas the Queen's most excellent Majesty understandeth, that the Isles of JERSEY and Guernezey have anciently depended on the Diocese of Constance, and that there be certain Churches in the same Diocese well reformed, -agreeably throughout in doctrine as it is set forth in this Realm : Knowing therewith that you have a Minister, who ever since his arrival in JER- SEY, hath used the like order of Preaching and Administra- tion as in the said Reformed Churches, or as it is used in the French Church at London : Her Majesty, for diverse respects and considerations moving Her Highness, is well pleased to admit the same Order of Preaching and Adminis- tration to be continued at St. Heller'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 faile diligently to give your aide 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. N. Bacon. Will. Northamp. R. Lecester. Gul. Clynton. R. Rogers. Fr. Knols. William Cecil. I am ashamed to say how the Queen's gracious Conces- sion was abused. The Establishment in the other Churches, so expressly fenced and guarded by her Royal Command, was daily undermined. The People were taught to dislike in it, now one thing, and then another. By degrees the very Native Clergy suffered themselves to be led away with Prejudices against it, or perhaps to comply with what they could not help. So that in few years all Church-Order appointed by authority was subverted throughout the Island. RELIGION* 196 The like was done in Ouernezey, whither a Duplicate of the same Letter as above, mutatis mutandis, had been sent to as little purpose. They who had it in their power, and whose duty it was, to have checkt these Novelties, to wit, the Go- vernor in each Island, Sir Amias Paulet, in JERSEY, and Sir Thomas Leighton in Guernezey, were the most forward to encourage them ; whether out of Principle, or affectation of Popularity, or a mean view of Self-interest in the Sup- pression of the Deanries (*) (200), which of course must fall with the Establishment. I will not determine. Perhaps all these might concur together. And now every thing being ripe for a thorough Change, and New Laws for an Ecclesiastical Regimen, excluding Episcopacy and Liturgy y ready concerted and prepared, a Synod of the Ministers and Elders of all the Islands was called to meet at the Town of St. Peter Port in Guernezey ; where in presence of both Governors, those Laws received the Sanction which such an Assembly could give, and were set forth under this Title ; Police 8f Discipline Ecclesiastique des Eglises Reformees cs Isles de JERSEY, et de Guernezey, Serk, et Oriny, arres- tes 8f couclues d*un commun accord par Messieurs les- Gouverneurs des dites Isles, et les Ministres et Anciens, assemblez au Synode tenu a Guernezey, au nom de toutes lesdites Eglises, le 28me jour du mois de Juin, Van 1576. i, e. " The Ecclesiastical Polity and Discipline of the Refor- " med Churches in the Islands of JERSEY and Guernezey y " Serk, and Oriny, unanimously, concluded and agreed upon " by the Governors of the said Islands, and the Ministers " and Elders, assembled at the Synod held at Guernezey. f< in the name of all the said Churches, on, the 28th day of " the Month of June, in the Year 1576." Thus were we drawn to depart from that Union with the Church of England^ which was our Happiness and our Glory, to let in Presbytery ; of which after a time we grow- no less weary than we were fond of it before, as will be shewn by and by. There was then a Faction in England, (*) The Deans had an Allowance out of the Tytftes, which was a Draw-back upon the Revenue. So much Sqving therefore there would be to the Governors, by the Suppression of tht Deanries. 197 RELIGION. labouring to overthrow that primitive and beautiful Order, which with great deliberation and wisdom had been settled in the National Church at it's Reformation from Popery. Nothing could please that Party more, than to hear of what was done in these Islands. It raised their hopes, and made them more insolent. As with People embarked in the same Cause, they must needs now open a Correspon dance with us. To that end Cartwright and Snape, two fierce Incendiaries, and noted Leaders among them, were dispatched hither ; whom the Governors entertained with great Kindness, making the first Chaplain of Cornet -Castle, and the other of Mont-Orgueil, to each of which Posts a competent Salary was annexed. In what Year precisely they came, and how long they staid, I cannot say. Mr. Strype finds Cartwright in Guernezeyin 1595 (*), and I find them both there at the holding of another Synod in 1597, in which they sate, and to which they subscribed, at the head of all the Minis- ters, and next after the Governors ; Sir Anthony Paulet, Son of Sir Amias, being the Governor of JERSEY. I make no question but this Second Meeting was brought about, by the management of the two Agents above-named, in order to form a League or Association betwixt us and the Puritans in England, so that the Polity and Discipline might be the same both here and there. In this Synod accordingly, held from the llth to the 17th of October inclusive, it received farther Sanction, and was confirmed by New Subscriptions of the Governors and all others present. It is digested into Twenty Chapters, and each Chapter into several Arti- cles, but cannot come into this Work without swelling it too much. Whoso pleases, may consult a Translation from the French in Dr. Heylirfs Survey with his Annotations (as he calls them) thereon (f). At the beginning of the Great Rebellion, when the Faction renewed their Attempts against the Church, they caused the Polity to be re-published, as the Pattern they meant to go by in their intended Reforma- (*) Life of Archbishop Whitgift. Book IV. Ch, XIV. and Append, Numb. (t) Chap, IV. and V. RELIGION. 198 tion. One meets with this now and then in private hands, the Title being a little altered, for there it runs thus ; The Orders for Ecclesiastical Discipline. According to that which hath been practised since the Reformation of the Church in his Majesties Dominions, by the antient Minis- ters, Elders, and Deacons, of the Isles of Garnsey, GERSEY, Sark and Alderney / confirmed by the Author itie of the, Synode of theforesaid Isles. London. Printed in the Year 1642 (201). It was a bold Step in the Governors, not only to suffer those Unlawful Assemblies, but to countenance every thing done therein by their Presence and their Signature. I call them Unlawful Assemblies, because they met, and enacted Laws Ecclesiastical, binding the Subject, without the Royal Licence, nay directly contrary to her Majesty's Injunctions. And what seems more surprizing still, is, that this should be done under a Queen jealous almost to a fault of her Au- thority, and who ever looked on those New Reformers as a turbulent set of Men, dangerous to the State no less than to the Church, as in the event they proved. Would she allow of that in these Islands, which in other Parts of her Realm she pursued with all the Severity of her Laws ? And yet so it is, that from thenceforth to the end of her Reign, no marks occur or can be traced of her Displeasure at what was acted here ; and the Innovators went on as quietly in their Work, as if they had got a Warrant from her for all they did. Whence 'tis reasonable to conclude, that the whole Affair was artfully concealed and kept remote from her Knowledge. She put a special Trust in the Paulets (*), and never sus- pected them of remisness where they had power to make her obeyed, much less of being byassed by private and sel- fish Views to prevaricate with her. Well nigh thirty years had we thus stood broken off from the Church of England, when King James came to the Crown. To whom it was most untruely, yet with an amazing assurance suggested, that the Discipline had been permitted (*) There cannot be a greater Instance of this Trust, than her committing the unfortunate Queen of Scots to the keeping of Sir Amias Paulet. 199 RELIGION. and allowed to these Islands by the Queen his PredBcessor. The Supplicants therefore prayed to have the same con- firmed by His Majesty. The King had scarce been three Months in England, when the Petition was brought up. So that it looks like a Design to prevent by the earliest ap- plication his being better informed, and learning the Truth/ from some other hand. And though in the Confirmation below, mention is made of the Lords of the Council, I cannot help thinking that the Matter never came before them; their Lordships having in the Council-Books where- with to confront that confident assertion of the Queen's Unlimited Indulgence, I mean their own Letter to the Bailly and Jurats recited above. But the Party never wanted a Friend at Court. Some body in place and credit helped them out on this occasion, and procured a favourable Answer to their Address, in the form following. JAMES R. JAMES by the Grace of God King of England, Scot- land, France, and Ireland, &c. Unto all those whom these Presents shall cencern, Greeting. Whereas We ourselves- and the Lords of our Council, have been given to under- stand, 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 Dutchy of Normandy, the use of the Government of the Reformed Churches in the, said Dutchy, whereof they have stood pos- sessed 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 them- selves in our obedience, and attempt not any thing against the pure and saci'ed Word of God. Given at our Palace at Hampton- Court, the Sth day of August, An. Dom. 1603, and of our Reign in England the First (202). RELIGION. 200 This New Grant (or Confirmation) obtained upon a false Allegation, must be void and null in the very nature of the thing. For is it not clear as the Sun that the Party had ex- tended the Queen's favour beyond the Bounds she had set to it ? She granted them One Church, and they invaded them all. With what face could they tell her Successor, that she had given way to the Change they had made over the whole Island ? Is there not a great deal of Obliquity in all this ? However, such was the Lenity of those Times, that the thing was no farther inquired into ; and they enjoyed the fruit of their guile and deceit to the Death of the Paulets, and the coming of a new Governor to JERSEY. This was Sir John Peyton (*). a Gentleman no way dis- posed to give up any point whereby that Office should be lessened in Power or Income. By his Patent he had all the Benefices in the Island, the Deanry only excepted, left to his Nomination. But here he found a Discipline encroach- ing on that Right, so as to reduce it in a manner to nothing. For though the Colloquy (f) seemed willing upon occasion to pay him a compliment as Patron, yet in reality they bore themselves as such ; refusing to admit any for Minister of a Church, who had not a Vocation, as they worded it, or call from themselves ; that is, who was not in effect of their own choice and election. Hence arose contention and strife, both sides standing stiffly on their several Pretensions. It came at length to pass, upon Vacancy of a Church, that a Native who had studied at Oxford, and been Episcopally Ordained, applied for the Living to the Governor ; who (*) Betwixt the Pauleti and Sir John Peyton, came in Sir Walter Ralegh; but his Government was so short, that it may here be passed by. (f ) The better to carry on the Discipline, there were Three Powers set up in sabordination one to another. l.The Conti*/ory,that is to say, the Minister, Elders, and Deacons of a single Parish, consulting every Sunday, or occa- sionally on any other day, about things relating to the Church, with a more special eye to the manners and behaviour of the People within their District. 2. The Colloquy, or Assembly of all the Ministers and Elders of one Island, meeting together at four stated Times in the year, in whom resided the authority of giving Imposition of Hands to Proposants,or Candidates for the Ministry. 3. The Synod, or Ecclesiastical Legislature, having the direction over all ; to be held alternately in JERSEY and Guernezey once in two years, or oftener if need were, by a Deputation of Ministers and Elders from ihc Colloquies. In the Colloquy of Guernezey the smaller Islands were comprized. 201 RELIGION. himself 'tis trot unlikely set him on to ask it, as foreseeing that the Colloquy, by having a Person of that Character put upon them, would be provoked to some extravagance, of which he well knew how to make advantage. And thus it proved. For they, stomaching and resenting it as the highest Breach that could be made in their Discipline, would by no means be brought to acknowledge the presentee as one lawfully called. So the matter was carried above, were their narrow uncharitable spirits sufficiently exposed them, and prepared the Lords of the Council to have less re- gard to what should afterwards come from that Quarter (203). This was not all. For they also embroiled themselves with the Civil Jurisdiction, chiefly through the arbitrary proceedings of the Consistories, who would meddle in every Business, pry into the Secrets oi Families, and bring under their Censures the smallest Errors in the domestick life. Against such vexations, the Sufferers implored the protection of the Magistrate, and Prohibitions went forth, to repress the petulency of those little Parochial Tribunals that assumed so much to themselves. And when once the Court shew'd an inclination to look into those Matters, and to take the Discipline down from it's heights, complaints and accusa- tions seased not to come in daily, in which the Ministers were not spared. A warm fellow brought in a charge against them of Tyranny and Hypocrisy. Hereupon the People were miserably divided. For as the aggrieved were not few, so those many Elders, Deacons, and Under-instru- ments engaged in maintaining the Discipline, made up a pretty large Body. The better sort of the Inhabitants, seeing those Confusions, and dreading the consequences of them, began to bewail their departing from the wiser and more moderate Government of the Church of England, and to cast about how to retreat, and return to the same. They were now reconciled to Episcopacy and Liturgy, after Trial of the inconveniences attending the Way they had been in, and in pursuance of those Sentiments drew up a Representa- tion to be laid before King and Council. Both Sides making their appearance there by Deputies, the Disciplinarians RELIGION. 202 wanted not Confidence to plead their Cause, and to support it with the best Arguments they could devise. I omit what passed in those Debates ; Complaints, Answers, Replies, fyc. which for a long Space took up the patience and attention of the most Honourable Board. Their Lordships saw, that unless the Ministers were left to recover themselves from their Prejudices by length of time, and had some Latitude allowed them in the use of the Forms prescribed for Divine Service, they would infallibly run into a Schism, and the People would be more divided than ever. This was by all means to be prevented, and nothing done that should exas- perate. With great mildness therefore it was declared to them at the Board, by the mouth of Archbishop Abbot, " That for the restoring of Peace and good Order in the " Island, His Majesty found it necessary in the first place " to revive the Office of Dean, and would appoint to it one " from among themselves, who should have Instructions " given him by way of Interim (*), for his and their present " Conduct till things could be more perfectly settled. That " to attain to such Settlement, they were to go back to their " respective Charges, and confer with their Brethren in the " Island, about compiling a New Body of Canons and " Constitutions, as near in Conformity to the Church " of England as their Laws and Usages, (from which His " Majesty had no intention to derogate) would bear. " That the Liturgy, which had formerly been translated " into French for their use, should again be sent to them, " yet without tying them to a strict observance of every " thing therein (f) ; His Majesty having so good an opinion " of their Judgment, that he doubted not but the mpre they " grew acquainted with the Book, the better they would " like it." This gentle Dismission, without sharpness, or (*) For pacifying tfie Troubles of Religion in Germany, the Emperor Charles V . did put forth certain Articles, which he called an ^Interim, to hold only until the determination of a General Council. Sleidan Hist. Lib. XX. ad. an. 1548. King James, who had read, and was learned, affected to give his Instructions, which were but for a time, a like name See the Preamble to the Canons. (t) The Interim dispensed with the three Ceremonies so much controverted in England at that time, viz. the use of the Surplice, the Sign of the Cross in Bap- tism, and the administring of the Lord"s Su^er to the People kneeling. 203 RECIGIOtf. angry reflexions on what had passed, wrought the Ministers into a Temper, and they went, and prepared a Draught as they were enjoyned. They had before them the Canons of the Church of England, and from those they collected Heads and Materials for their Work ; not forgetting here and there a sprinkling of their Polity. But whereas they had been directed to advise with the Civil Magistrate, to the end there might be no clashing thereafter betwixt the two Powers, this it seems was not done entirely to the satis- faction of the latter ; who therefore, when the Ministers went up with their Scheme, followed it with Exceptions. The King had commissioned the Archbishop of Canterbury Abbot, the Lord Keeper Williams Bishop of Lincoln, and the learned Andrews Bishop of Winchester, to examine what the Ministers should offer. Those reverend Prelates considered every Article maturely. In the whole, some things they expunged, others they modified, and they fill'd up Deficiencies. Briefly, all farther Contradiction ceasing, and the Parties declaring their acceptance of the said Canons and Constitutions in the Form to which they were now brought, the same were laid before His Majesty, and received his Royal Assent June SO, in the year 1623, being the twenty first of his Reign. That by the length of them our Narration may not be broken and interrupted, as in the former Edition, I have removed them into the Appendix , Numb. XII. Thus did the Church of England, like an indulgent Mother, 'take us again into her Bosom, after we bad for half a Century estranged ourselves from her, and been under a Presbytery. But why (may some object) 'did not we upon such our Return, submit to all her well known Rules and Orders, without having Particular Canons made for us ? Why this Singularity ? The Reasons are obvious enough from what has been said already ; nevertheless to clear the Point still farther. I will add, First, that this was occa- sioned through the necessity of complying with the Laws, and Usages of this Island. For though in Matters of Faith, and Institutions of Divine or Apostolical Appointment, and RELIGION. 204' in whatever else is held Essential to an Orthodox Christian Church, there cannot be too great an Uniformity ; yet in the outward Face and Habit of the same Church, some Things may not so well comport with the Constitution of one Country, as with that of another ; and consequently neither need, nor indeed ought, to be equally u^ged and insisted upon in all Places. The Canons of the Church of England are accomodated to the Laws of the Kingdom, and both tally very justly together ; whereas here, they would have met with stubborn old Customs, apt at every foot to jarre and contend with them, so that the Peace sought by our Return to the Church, must have been as distant from us as before. In one word, we think not our- selves the less of the Church of England, because of some Variations in Matters of mere Circumstance only. Again, Secondly, the danger which threatned us of a Schism (through the obstinate adhering of some to the Discipline, and the going back of others to the Church) required to have things so moderated and attempered, that All might be brought to unite if possible in one common System ; and for that end these Canons were given us, and were framed with great Condescention to the troubled State we then were in. Nothing justifies the Wisdom of any Measures like Success. And so it very happily proved in our Case. For the Canons were well received in the Island, and the end was attained for which they were designed. The Mi- nisters, who had the first drawing of them up (and no small point of Wisdom it was to charge the Ministers with that Work) could not consistently with themselves, after the advances they had made, do otherwise than set an example of Conformity to the People. Hence it came, that the Churches thronged with the same Numbers as usual. No Separate Congregations were gathered in Opposition to the Public Worship, nor from that day to this has there been a Conventicle in the Island. Here may be seen four or five hundred orderly Communicants at the Sacrament at a time, even in Country Churches. ? Tis true that the Interim dispensing with Genuflexion, the Communicants 305 RELIGION. for a while remained in a standing Posture during the Action, but now all receive reverently upon their Knees. To finish this Argument, a perfect Harmony and Unanimity in Reli- gion reigns amongst our People. If they are not so happy as to be intirely free from Disputes about other Affairs, they have at least the Comfort of walking together into the Home of God as Friends (*) (205). There had been no Dean in JERSEY since Paulet (f) the last Popish one in Queen Mary's time. That Office being now revived, was conferred on the reverend Mr. David Band'mel (), recommended by Archbishop Abbot, who took early notice of him, and distinguished him from among the other Deputies negotiating for their Brethren at the Council- Board. The Archbishop was too good a Man, to have employed himself for one that had not Abilities to sustain that Office with Dignity (206) ; and the Character which Dr. Heylin () gives of Dean Bandinel, from the acquain- tance he contracted with him in the Island in the Year 1G28, confirms very advantagiously the Archbishop's opinon of him. Now as the Bailly here is at the head of the Civil, in like manner is the Dean at the head of the Spriritual Juris- diction ; and as one has the Jurats for his Assessors, so has the other the Ministers ; to wit those syho are Rectors of the Churches, not mere Auxiliaries or Lecturers only. And thus the Constitution of the two Courts is very much alike, the Instituted Ministers coming in for a Participation of the (*) Psal. LV. 15. (f) He was Brother of Sir Hugh Paulet, & as zealous for Popery as the other was for the Reformation though in a wrong manner. (J) This reverend Person has left a worthy Posterity amongst us. His Grandson of the same name with him. David Bandinel, Esq.Seignpiu de Bagot, \vas a Man in whom this Island might justly glory. A Man of most singular Prudence and Address in all affairs and concernments of Life. Many years he sate on the Bench of Justice, with great honour to himself, and no less benefit to the Publick, through those moderate and healing Councils which he alwaies pursued, and which he had a peculiar art and faculty of insinuating into others. Indeed the Peace of the Country seems to have died and expired with hfm. He was my Guardian in my Nonage, and I had so many Obligations to him otherwise, that 'tis the least thing I can do, upon this occasion of mentioning his Ancestor, to consecrate these /'ew lines to his Memory. () Survey Ch. VI. pag 38C. RELIGION. 206 Ecclesiastical Regimen. They had the whole among them, whilst their Colloquy and Presbyterian Parity subsisted ; and it was thought reasonable to reserve them a Share in conjunction with the Dean, for the better keeping up the Credit of their Function. This, together with the Right of Entrance into the Assembly of the States, gives the Rector of a Parish greater weight here, and makes him more considered, than one in England having five or six times his Preferment. There seems also something Primitive in this Partnership of Church Power. 'Tis an imitation of thosa Ancient Councils of Priests, whom the Bishop took to sit with him in his Consistory, and assist him in judging Causes brought before him. Two or three Ministers with the Dean, or Vice-Dean, suffice to hold a Court ; but as many as please may come, and the Opinion is to be taken of all that are present (207). This Court keeps the same Terms with the Civil, but ordinarily sits only upon Mundays, and has belonging to it a Greffier or Register, two Advocates or Proctors, with an Apparitor and others to execute it's Summons. For the rest, let the Canons in the Appendix be consulted. One thing however I may not pass unobserved, because 'tis part of our Privi- leges, viz. That when an Appeal goes from this Court to the Bishop of Winchester, as superior Ordinary, or (in case of the Vacancy of that See) to the Archbishop of Can- terbury, those Prelates are to hear and determine the same in their own proper Persons, and not send us to substituted Judges or Officials, on whom we in no wise depend. Their Sentence moreover must be Final, freeing us from the trouble and expence of farther Proceedings before Delegates. The number of the Beneficed Clergy, or Incumbents, inclu- ding the Dean(*), is just equal to that of the Parishes. And so populous are These, that a Minister, exerting himself with diligence and fidelity, will always find abundant employment in the care of one only. Therefore our Canons absolutely (*) The Deanry is not a thing at large, as some Dignities in England. Ever since it's being revived, a Cure has constantly gone along with it ; whereby the Dean is as much obliged to reside, and to labour, as the mean- est of his Brethren. 207 RELIGION. forbid Pluralities, albeit the smallness of the Livings (wefe" that principally to be regarded) might render the same as justifiable here, at the least, as where Law and Custom allow of them. Most certainly the Provision for the Clergy in this Island is no way adequate to their Labours. The same Canons which tye them down to a single Living, oblige them to constant Duty in the Pulpit twice every Lord's - day, not to speak of their contingent weekly work. Will it be permitted me to say, that even their happiness in being universally owned and followed by their People, increases their Burthen ? whilst in England the rejecting all Service and assistance of the Parish-Minister by Dissenters, brings him ease, though not such as a Good Man would make his choice. Much of their time is taken up in visiting their Sick ; who more earnestly than I have observed in other places, desire the Company and Consolations of their Minis- ter in an hour of trouble and affliction. I omit many things of the like nature. And now what Encouragement have they to bear them up under all this ? I speak of Worldly Encouragement. For as to the inward Satisfaction spring- ing up within their own Minds from a conscientious discharge of their Duty, 'tis what will consist with any outward State and Condition. Their Dividend out of the Tythes, accord- ing to the Extract from the Black Book of Coutance inserted above, is mean and insufficient, and some of them have no title even to that (208). Their Novals (*), more commonly called Deserts, which are the Tythes of small parcels of Land not yet broken up when the Alienations were first made in favour of the Monasteries, but since brought under culture, are inconsiderable, and still become more so by the Encroach - (*) In the old Latin Writers de rernstica, Novalia (in the Plural) signifie Lauds newly plough'd whetherthe same were never plough'd in former time, or are plough'd after having been only laid fallow and at rest for some years. Here, by Novals we mean not Lands,*but Tythes ; and them not of the latter, but of the first sort of Lands. Therefore called also Deserts, because they are Tythes of Lands once wholy neglected and uncultivated. Thus (for ex- ample) supposing the Practice of this Island to run in England, Wood-Land grubb'd or stockt up, and never known to have born Corn before would pay Tythe to the Vicar, and not to the Impropriator. -NOVA LE, Terre nouvellement defriche, & mise en valeur, Cette Terre n'est pas de la grosse Disme,c'est nne Novale. Des Novales appartiennent aux Curez, par preference aux Gros Decimateurs. Furetiere Diction. RELIGION. 208 ments of the Uncler-Farmers of the King's Revenue (209). The Governors would have swallowed them up all at once, had they not been restrained by a Decretory Letter of the Privy Council, June ult. 1608. Those Profits and Emolu- ments called Surplice-Fees in England, are things for the most part unknown here, and I believe were formerly drop- ped by the Ministers themselves in pure aversion to the Name (210). Their best income at this day arises from the improvement of Fruit-Trees for Cider, which is a Mainte- nance very casual and uncertain, all Years not being equally productive, nor every Parish planted alike (211). Again, here they are fixed for Life, quite out of the way and road of Preferment. If sometimes they seek to be removed from one Benefice to another within the Island (for two together they cannot hold) 'tis of tner for reasons of convenience, than of advantage ; the difference in the value of the said Benefi- ces not being so great, as to make them much gainers by the change. The Deanry is the only thing they can have in their eye to animate them, and to flatter their hopes. But besides that one only can have it, in a Succession of perhaps many years, a cruel Attempt was lately made to bring in a French Proselyte, a Person unqualified, over all their heads, to the creating a Precedent that must have taken away all heart and courage from them (212). I know but one parti- cular wherein they are a little eased in point of Interest, which is, that instead of being themselves at the Charge of keeping up their Presbyteres, as the English Clergy are their Parsonage and Vicarage-houses, the same falls on the respective Parishes ; but there must be no neglect on their part to preserve those Manses from the injuries of the weather (213). Such is the Temporal State of the Clergy here, of which some account seemed necessary, in order to shew the reason- ableness of giving them better encouragement, if possibly a way may be found to effect it. And why should we despair of it, knowing what at this very time is doing in England ? where, what through the Beneficence of the late Queen Anne, of pious and Religious no less than triumphant me- 209 RELIGION. inory, in giving up her revenue of the first fruits and tenths for a perpetual fund of charity to the more indigent Clergy ; what through the generosity of not a few worthy own- ers of Impropriations, in augmenting small vicarages with a portion of the great tythes or a pension in money ; many poor Incumbents have already been in some measure re- lieved, and a prospect is opened for others to hope for the like succour and assistance in their turn. By Rules and Orders declaratory of Her Majesty's gracious intention (*), every Living in England the real value whereof does not exceed fifty pounds per annum, is reputed poor, and intitled to the Royal Bounty. Now it may easily be made to ap- pear, that all the Livings in this Island, rated one with another, fall considerably short of that sum. Which I do not mention by way of complaint for our being left out of that charity. I am sensible we had no claim to it, neither therefore did we use any endeavours to be comprehended in it. I urge it only for proof of the insufficiency of such a yearly income, for the support and encouragement of one who has devoted himself and the labours of his whole life to the service of Religion, and the cure of Souls, seeing it has been so judged and declared in England. Nay, 1 will venture farther, and be bold to affirm, that in true con- struction and estimation of things, a Living of no greater Value is really poorer here than in England, inasmuch as it must ever go single, by the Canon against Pluralities. But though the Queen's Bounty respects us not directly, it may be of great benefit and advantage to us, by setting a noble Example to succeeding Princes of goodness and com- passion towards a Suffering Clergy (214). And as we of these Islands are more intimately attached to and de- pendant on the Crown than others of its Subjects, so I trust we may presume on suitable returns of grace and favour from it. It was doubtless a most fatal Error at the Dissolu- tion of Monasteries, to confound the Tythes originally be- longing to Parish- Churches, and afterwards by Papal (*) See Mr. Ecton's state of the Proceedings of the Corporation of the Governors of the Bounty of Queen Auiie. Loud. 1721. RELIGION. 210 Authority appropriated to those Houses, to confound them (I say) with other superfluous and superstitious Endowments, and so secularize all together (215). Surely a distiction ought to have been made, being things of a very different na- ture. And indeed nothing has cast a greater reproach on the Reformation, and given its Enemies a more specious handle to charge it with the Guilt of Sacrilege, than that unhappy Transaction. 'Tis an evil now past remedy, unless from the Voluntary Benefaction of the present Possessors of those Tythes ; many of whom (it must be gratefully acknowledged) convinced of the Iniquity of the Thing, and pitying the impoverished Churches, have thought themselves bound to make some Restitution. In doing whereof, as they have exonerated their Consciences in proportion to their Libera- lity, so have they wisely consulted their Temporal Interest ; if there be Truth in the Observation, that no Estate ever prospered that was got out of Things consecrated to God, no not though the Things had been abused to Superstition, be- cause it was possible to convert them to better purposes. The Religious Houses in Normandy being out of the reach of Henry VIII, the great Destroyer of such in England, all he could do was to seize on what they held here ; which accordingly he did, and, together with the rest, the Tythes of the Parishes. These Tythes are still in the Crown, whereas in England they were generally and most profusely squandered away among Fovourites and Courtiers. Queen Elizabeth at her accession found some yet undisposed of, which (says Bishop Kennet *) she was ashamed to keep, and therefore made haste to exchange them for Manours and Lands of Vacant Bishopricks (f) ; as perhaps thinking it a less evil to take the latter into her hands, than to increase her Revenue with the Portion of the Priest serving at the (*) The Case of Impropriations, and of the Augmentation of Vicarages, stated by History and Law from the first Usurpation of the Popes and Monks &c. Lond. 1704. In handling the Present Argument about Tythes Impro- priate, I have had this most useful Book always before me; and wish the Reader would take it likewise along with him, as he goes over this Para- graph. (t) Concerning that Exchange, See Mr. Strype's Annals of the Reformation during the first twelve years of Queeu Elizabeth, Cb. VI. and his Life of Archbishop Parker, Book I. Ch, IX. G 2 211 RELIGION. Altar. And so (as far as I can find) the Crown had quite rid itself of those Ty thes, except in these Islands, where it retains the Property of them, and the Governors enjoy them in part of their Salary, which is only a Temporary Right, ceasing at the expiration of their Office by Death or Remo- val. And no doubt 'tis much better for us that the said Tythes have continued in the Crown, than if they had been made Lay-Fees, as in England ; there being more reason to hope for Commiseration to the Clergy from a Great and Magnanimous King or Queen, than from Subjects and Private Persons, often of narrow tempers, and unfriendly to the Church. And here it can be no offence to point to some Ways and Means for bettering the condition of the Clergy in this Island, by the Bounty and Largess of the Crown (216). The first, and most beneficent, would be to reinstate them in the full Tythes, their ancient Patrimony, wrested from them by Popish Usurpations. All which though it may seem much to give back at this day, is well known to be no more than what some choice and noble Spirits (*) have done in England, to their great honour, and (I dare say) the peace and quiet of their Minds. The second, not coming up to the former, yet still an Act of Grace and Goodness, would be, to grant to each Incumbent a Lease of the Tythes of his Parish, under such Covenants (f) as to leave room for him to make some advantage of them in letting them out again to his Parishioners. By the benefit of such Leases, the poor Clergy in Ireland (the Tythes of whose Churches were, as here, in the Crown) got relief, and had a more comfortable Provision made for them, in the Reign of the Blessed Martyr King Charles I, at the in- treaty and joint solicitation of the incomparable Primate Usher, and Bishop Laud then of London. And this is a very good Example ; for a fuller account, whereof I refer to the King's Order thereupon to the Lords Justices of that (*) See the Names of several of those Excellent Persons in Bishop Rennet's Case of Irapropriations. pag. 223. and in other parts of that Work. (f) IwtAeNew Extent or Rental of the King's Revenue, made an. 1668. the yearly value of the Impropriate Tythes in the Crown is declared and ascertained. The Clergy would be well contented to have them demited to them upon tho$e Term*, and tht Revenue would suffer no Diminution. RELIGION. 212" Kingdom, set down at length among the Notes under- neath (*). The third, and lowest, and perhaps more feasi- ble way, would be, to charge the Tythes with an Annual Augmentation to the Livings, in like manner as is practised m England in the case of small Vicarages, by charitable Patrons and Impropriators ; Numbers of whom, both of the Laity and Others, have done very honourably in this (*) Right trusty and well-beloved Cousins and Counsellors We greet you well. Whereas our late dear Father of blessed memory, did (by his In- structions for the good and wellfare of Holy Church in our Realm of Ireland) ordaine and command, that all such Impropriate Parsonages as were his own 1 uhcrituiioe, and held by Lease from the Crown, e%er as the said Leases expired, should be thenceforth let to the several Curates aud Ministers of all such Churches, that were to attend the Cure of Souls, and from time to tj m e should be incumbent upon the several Parsonages, they securing H is Ma- jesty the Rents, Duties, and Services reserved upou such Leases; Which Urder We also out of our own like zeal to God's Glory and advancement of. True Religion have likewise heretofore confirmed by our Royal Letters of the 8th of July 1626} AH which notwithstanding, We are now to our great displeasure informed, that siuoe the giving of our said Fathers's Letters, and our own, sundry Leases of Tythes, upon expiration, surrender, or other- wise, have been agaiu let to Lay-men, aud not to the Incumbents of the said Churches, to the wrong of our Religion, and breach of our Commandment whereof we shall notfaile to take account in time convenient. But for your better, assurance of such our pious & Princely Grant unto the Church of that' our Realm,in.time to come, We have thought good to declare, and by these out' Letters do declare unto you, That our Princely Will and Pleasure is, fot Us, our Heirs and Successors, to give and grant the Reversion of all such. Reservations as formerly have been expressed irrevocably unto Almighty God, and to the Particular Churches withiu that our Kingdom unto which &uch Tythes did anciently belong, and to the several Incumbents which shall happen to be in the said Churches when such Leases shall expire, or be other- wise determined, and to their Successors for ever ; Giving hereby the several Incumbents, and.their Successors, which shall be v. lieu it shall happen the said Leases to expire,or otherwise to determine,full Power to enter into Possession of the Whole Tythes; Paying only unto us, our Heirs & Successors,such Rents, Duties, and Services, as are now payable out of the same respectively ; And charging our Officers of our Exchequer in that Kingdom, to receive the same in such manner and form as DOW they are received, without any further Charge or exaction upon the said Incumbents. And for the effecting this our Godly Purpose and Princely Donation, We do hereby authorize and re- quire you, that upon the sight hereof, you, by the advice of our Learned Counsel there, do forthwith make out under the Great Seal of that our King- dom, such Grant and Grants, as shall be necessary and requisite for the settling- and establishing of all such Impropriate Benefices upon the Corpora- tion of Dublin, or Londou-derry, within that our Kingdom, as shall be most convenient and available for the Church, to the use of the said Incumbents, and their Successors for ever. And our further express Will and Pleasure is, That whensoever it shall happen the said Leases, or any of them now iu being, to determine, You our Justices for the time being, or other Deputy, Chief Governor, or Governors, that shall be hereafter, shall hereby be ena- bled to present the then Incumbent untothe same Church, by the Title of the Full Rectory thereof,as unto other Churches of our Patronage ; reserving as aforesaid the Rents, Duties, and services formerly reserved unto us. -And these eur. Letters ete. (From the Paper Office.) 213 RELIGION. particular, and have helped out many a depauperated Cure (*) (217). Now the Crown being both Patron and Impropriator here, 'tis so reasonable for us to hope for the same favour, (I had almost said justice) from it, that when I look back to Times past, and call to remembrance how good and gracious our Princes have ever been to us, in how many greater Instances they have displayed their Royal Munifi- cence towards us, I cannot but think 'tis owing purely to our own indolence, and neglect of due application to the throne, that the thing has not been done before now (218). I am well assured that less than the yearly Sum of two hundred pounds, given in this Way of Augmentation, and parcelled out among the Clergy here, in proportion to the greater or less value of the Livings, would be received with the utmost thankfulness. And if it be said, that such a Substraction from the Tythes would break in upon the Governor's Patent, which lays claim to the Whole, I answer, that 'tis not pre- tended this Benefaction should take place during the Life of the Possessor, but only from the passing of a New Grant to the -next in Nomination to that Office. For then the Crown being disengaged, would be at liberty and have in its power to make what reservation it thought fit out of the Revenue ; which being turned into an Augmentation to the Clergy, the Crown would thereby part, with nothing but what went from it another way. Such Reservations have been very usual with us, insomuch that when Sir Walter Ralegh himself had the Government given him by Queen Elizabeth, she struck off Three Hundred Pounds a year from it (f ), which she took into her own disposal, and made (*) What in England goes by the name of Augmentation, if in France called Portion congrue, and dejtendt not on the Liberality of him or them who have the Grosse Disme, but is settled by Royul Edicts, and the Quantum Jlxed at three hundred Livres per annum. This, superadded to other various Perquisites, affords the meanest Car de Village, i.e. Country-Vicar, a Subsistence beyond the Scanty Lot of many a Worthy Minister of the Church of England. One must therefore make a great abatement of what Bishop Bornet says of the Poverty and Wretchedness of the Parochial Clergy abroad, in the Introduction to the Third Volume of his History of the Reformation, pag. XV. But ''tis not yet forgot what temper the Bishop was in, and what ends he meant to serve, when he so hastily sent that Introduction, and the New Preface to the third edition of liis Pastoral Care, to the Presi, (*) Apud. Rymer Foed. Tom. XVI. pag. 398. 400. Volumus nihilominas,etper Prseseutes reservaraus Nobis, Hseredibus,& SuccessoribuB RELIGION. 214 that Great Man, so renowned for his eminent Services to Her and the whole Nation, be contented with the Remainder. It may be expected that I should take notice how the Churches here are supplied and recruited upon Vacancies. At the beginning of our Reformation, and all the while we lay under a Presbytery, nay even since that time, the Youths of this Island designed for the Ministry were sent to study among the Protestants in France, and particularly at Saumur, after the famous du Plessis Mornay had brought Professors to teach Academical Learning in that Town, of which Henry IV, had made him Governor. Those our young Countrymen being to preach in French, it seemed most suita- ble to have them educated in a Place, where by hearing that Language spoken in its purity, they would be enabled at their return to the Island to appear in the Pulpit with greater advantage. But thence arose an inconvenience for which no Refinement of Language could make amends, namely, their being trained up in Foreign Systems, and taking a Tincture of Principles and Opinions not altogether consistent with those of the Church of England. When therefore the Gentlemen of the Island attended the Council- board about our Reunion to the said Church, the King was humbly moved to allow some Places in one of his Universi- nostris, durante tota vita ipsiua Walteri, pro & ex Custumis dictae Insulae, Reventionibus,Proficuis, & Emoluments, caeterisque omnibus & singulis Praemissis praeconcessis, annualem redditum Trecentamm Librarum legalis in on eta Anglite, solvendnm annuatim per prscfatum Walterum Ralegh, Nobis, ll;vridibus,& Successoribus nostris,ad duos anni terminos usuales; videli- cet ad Festa Saneti Michaelis Archangel^ & Aonunciationis Beate Marice Virginis per tequales portiones, ad receptam Scaccarij nostri, Hseredum, & Successorum nostrorum : Proviso semper, quod si prsedictus aunualis reddi- tus, aut aliqua hide parcella, Nobis, liaeredibus, & Successoribus nostris, per Prsesentes reservatus, a retro fuerit & insolutus, in parte vel in toto, per spatiumquadraginta dierum post aliquod Festum Festorum praedistorum in quo golvi deb eat-, tuno quotiescunque Thesaurarius noster Artglia:, vel Subthe- sanrarius Scaccarij uostri prsedicti, pro tempore existentes, aut eorum'aliqui&, notitiam iudedederint veldederitdicto Waltero,a\it so Deputato prsedieto, si prsedictus annuaKsredditus, aut aliqua inde parcella, Nobis, Heeredibus,& Siiccessoribus nostris, a retro fuerit & insolutus per spatium triginla diernm post aliquam notitiam sic ut praefertur datam, ex tune has Litterae nostrae Pateutes,& omnes Auctoritates,Jurisdictiones, Res^Concessionesineisdem contentaD, vacua? erunt, & nullius in lege vigoris, aliquo in Praesentibus noa obstante. ; Eo quod expressa mentio &c. In cujus rei &c. Teste Regina apud Westmonasterium vicesiino sexto die dugusti, Aa. 1600. Per ipsam Reginam. 215 RELIGION. ties to the benefit of the same young Persons, to the end that the hope and expectance thereof might draw them thither, and they by that means have their Studies put under a better Direction. The thing was more readily promised than it could be executed. Such Places were to be founded on purpose, and the Court shewed no haste to ge about it.* In short, all was at a stand till Archbishop Laud came into Power, whose large and active Soul embraced and took in the Care of all the Churches. It happened very providen- tially, that a good Estate, consisting of Houses in London and Lands in Buckinghamshire escheated to the Crown. The Archbishop laid hold of the opportunity, and preventing the Courtiers got a Grant of it from King Charles I. for the endowing of Three Fellowships in Oxford (*), for the Islands of JERSEY and Guernezey, to be held by them alter- nately ; the Alternation to proceed in this Order, viz. That on which soever of the two Islands the Election- of Two Fellows should chance to fall first (as it must of necessity be) the other Island should come in for the Two next Turns, and so on in a continual Rotation for ever (f). Ib was withal provided, and declared to be the good King's intention, that after a competent time spent in the Univer- sity the said Fellows should go back to the Islands, ibidem Deo servituri, i. e. there to serve God in the Work of the Ministry (+). None therefore but they who from the begin- ning design to enter into Holy Orders, are regularly eligible into those Places. 'Tis an abuse, and a contradiction to the Will of the Royal Founder, that any should enjoy them, (*) Viz. one in each of the three Colleges of Exeter, Jesus, and Pembroke. (t) Volumus Quinto, si prima Electito de duobus ex Iiisuht de Gerntey, ac de uno tantum ex Insula de JERSET, aut e contrario accident quod tune proxima Electiofacta fuerit de duobus ex ilia Insula de qua uinis tantum sic primo eligi contigerit,ac eodem modo alternis vicibus hujusniodi, Electiones factaefuerint in perpetunm. . The two first elected for JER- SEY were Mr. Poiugdestre, whose name so often occours in this Work, and Mr. Brevint, mentioned in the Introduction ; both turned out of their Fel- lowships for their Loyalty, by the Parliament-Visitors in the year 1647. See Dr. Walker's Account of the Sufferings of the Clergy &c. Part II. pag. 116 and 120. ( J) Intentio nostra est Regia, ac sic per Praesentes declaramus, quod infra tempus conyeniens, prsedicti Socij vel Scholares eorundem seperalium Colle- giorum respective, ad seperales Insulas preedictas respective, super prome- tiones idoneas eis oblatas ibidem Deo servituri rcrcrtantur. RELIGION. 216 who have in view and are in pursuit of other Professions (219). To those Three Fellowships there have been since added Five Exhibitions or Scholarships in Pembroke-College, each of twelve pounds per annum ; not alternating as the former, but so divided and proportioned betwixt the two Islands, as that JERSEY being the biggest has Three of those Scholarships allotted to it, and Guernezey which is less has only Two. These were given by that most pious and public-spirited Prelate, our honoured Diocesan, Bishop Morley, upon his taking into serious consideration, that the Inhabitants of these Islands have not those advantages and encouragements for the Education of their Children, which on their behalf are desirable, and which others of his Ma- jesty's Subjects, do enjoy, as 'tis expressed in the Instrument of Donation (*) ; wherein also are much the, same Limita- tions as in the King's Grant, which therefore I shall not repeat. Now those Endowments have so far operated, and done good, that our Students have generally ever since taken their Learning in Oxford, and consequently been there seasoned and principled like others of the English Clergy. None go now to Outlandish Schools, and those Ministers with us who had been Disciples of Gomarus (f), Cameron, and other Professors of Saumur, are long since extinct. But then on the other hand it has too often happened, that when the sameyoung Gentlemen have by the benefit of those Endowments attained to a capacity of serving their Country, they have declined that Service, deterred and disheartned at the Smallness of the Preferment waiting their return home. They have chose to remain in England, hoping for something better there ; and so have made room for Strangers, French Refugees, of whom we are never without some among the na- tive institued Clergy, besides those who are taken in as Secon- daries and Assistants (220). Thus has the end of those En- dowments been in great measure frustrated and defeated, nor (*) An indenture Tripartite betwixt the said Bishop, the Dean and Chapter of Christ-Church Oxon, and the Master of Pembroke College. (t) From Saumur, Gomarus was called to the Divinity-Chair at Leyden in Holland, where he became the Leader and prime Champion of the rigid Predestinarians. 217 RELIGION. will it or can it be otherwise, untill it shall please the Crown to raise the Livings here to what may reasonably be deemed a Sufficiency, in one or other of those Ways which I have taken leave to indicate in the foregoing Paragraph. Some years before these Foundations by King Charles I. and Bishop Morley, a plain honest Man of the Island (221) had given two and thirty Quarters of Wheat-Rent to the same good purposes, on special condition that only such poor Scholars as shewed a towardliness and disposition for Learn- ing, whilst they wanted means to support the charge of going to the University, should come in for the whole or a share of that Charity. This is what we call le don de Laurens Bau- dains. And as for those first Rudiments which must prepare and fit a Lad for the College, we have two Free- Grammar- Schools (222), indifferently well rented, and so seated in compliance to the oblong figure of the Island, that each serves commodiously enough for the Children of Six Parishes. To the East, and in St. Saviour's Parish, is the School of Saint Magloire, taking its Name from the Apostle of the Island ; to the West, and in St. Peter's, is that of Saint Athanase, or (which I think truest) Saint Anastase. These are wholly under the direction and government of the Dean and Ministers, with absolute exclusion of all others whomsoever ; for which the Founders Neel and Tehy (the first, Dean of Prince Arthur's Chapel (223) ; the other, a Merchant in Southampton, but both originally of the Island) got a Patent from King Henry VII. By secreting that Patent, the Clergy were for several years kept out of this Right , nor could they recover it but by an Appeal above, where an attested Copy from the Rolls soon decided the matter in their favour (224). And to obviate a like attempt for the future, I am desired to print the said Patent among the other Records in the Appendix, Numb. XIII. It may seem a trivial Remark, which nevertheless I cannot forbear making, viz. That here, even among the meaner sort of People of either Sex, there are few but can read and write, fewer indeed than are commonly seen elsewhere. RELIGION. 218 Nothing is more wanted in this Island than a Public Library, the Place being out of all commerce of the Learned World, and the Clergy through the meanness of their income under a Disability of laying out much Money upon Books. And such a Library should not (I think) be solely appropriated to the Clergy, but free and open to the better sort at least of the Laity, and be furnished accordingly. Reading would give our Gentlemen juster Notions of Things, enlarge their minds, and render them more useful and ser- viceable to their Country. There is already some Advance made towards this, by the Promise of more than Two Thousand Volumes in most kinds of good Literature, the execution of which Promise is only suspended till a conve- nient Place can be provided for the reception of the Books (225). Concerning the Churches here, their Antiquity, their Strength and Stability, something has been spoken already. They are Gothic Structures, large and capacious, and so they need be to contain the People resorting to them. Most of them have lofty Stone-Spires, whose height added to that of the Land, has once or twice in my time exposed them to be struck and their tops thrown down by Lightning. Thrown down, I say, not burnt, as Spires of Timber cased with lead are liable to be, to the destruction of the whole Pile, if the Flame be not kept from gaining the Roof below. Here, the Roof of those Fabricks is a solid Arch or Vault of Stone, without a stick of Wood employed therein, the out- ward Cover of blue Slate being laid immediately upon the Stonework, in a Bed of strong Cement or Mortar. This was the Norman way of building Churches six or seven hundred years ago, and a good defence it is against Fire and Decays by Time. But such Places are subject to Damps, sticking to and discolouring the inside of the Walls, which for that reason require frequent washing and whitening, to keep them neat and clean. Herein I must own we are too negligent, as well as too sparing in such farther Ornaments as would well become Places where we believe God vouchsaves his special presence, and meets his People to receive their Prayers and to bless them. And yet there is in every Parish H 2 219 KELIGION. a Fund for that very purpose, thence called le Tn'sor tie rEglise, i. e. the Treasure of the Church, consisting of several Quarters of Wheat-Rents given anciently by pious Persons for the use of those Sacred Fabricks. But an ill Custom has prevailed, to make this Fund (so far as it will go) answer all the Calls of Publick Service andJSxpence, even the most Secular and Foreign to Religion (226). I am unwilling to charge such a Misapplication with Sacrilege, but how it can be strictly justified, or construed to consist with the intention of the Donors, 1 profess I do not understand (*). This Treasure of the Church remembers me of another, viz. le Tresor des Pauvres, i. e. the Treasure of the Poor, some- times called simply la Charite. It is constituted like the former but more fairly administered. Besides it, there is la Boete, i. e. the Poor's Box, held by a Deacon at the Church-door every Lord's Day after Divine Service, where- into well disposed Persons, as they go out, cast their Offerings ; an Usage not unfit to be retained, though first introduced by those French Reformers of whom mention is made above, who also brought in the name and Office of Lay - Deacons yet subsisting with us (227). Add to this le Tronc, which is a Wooden Engine strengthned with Irons, fastned to the Wall of the Church without, having a Cavity at top, and a slit or fissure just big enough to admit of a Crown-piece to pass through, the head (wherein the Cavity is) niade to open and shut under the Security of strong Locks and Keys. The use of this is for the private convey- ance of Alms which the Giver would have known, only to God, the invisible witness and Rewarder of every good W r ork done in secret (f) ; and 'tis seldom but at the opening there is Money found, in greater or less quantities. By these and other Means, such Relief is laid in for the Poor, (*) The learned Mr. Poingdestre's Judgment concerning this Practice, does by no means favour it, though he allows of Cases of great and present Necessity. For thus I find him delivering himself in some of his Papers, Je ne nie pas qn*il ne soil licite d'employer partie de ces deniers en cas de necessite urgenle i la defense de Tile ; mais jo ne pense pas qu'on les puisse divertir a payer des Voyages tfAngleterre, a faire des Chaussees, &c. car hors la necessite ce seroit Sacrilege. (t) Matt. vi. 4. Thy Father which xeth in secret, himself shall reward tkee openly. RELIGION. 220 as supersedes the necessity of recurring to Parish-Rates and Assesments, unless in Times of extreme Scarceness and Failure of the Fruits of the Earth, a Calamity which thro' the good Providence of God does not happen often. The Wheat-Rents are a certain Fund, other things are more Casual; and the whole amount of those Rents for both Trcsors, throughout the Island, is 469 Quarters the Parti- culars whereof will be seen in the Appendix Numb. XIV. None of our Bishops since the Reformation have visited us (228). To supply therefore in some manner the defect and want of Confirmation, great Care is had of the Public Catechizing of Children. Private Instruction goes before, and some competency of Age is required ; and then, their answering to the Interrogations put to them at Church, in the presence and hearing of the whole Assembly, is under- stood and taken fora Ratification of their Baptismal Vow, and an owning of the Obligations of Christianity, to the dis- charge of their Sponsors. Nor can any more be done here, as we are circumstanced, to qualify Catechumens for the Holy Communion, to which they are after this admitted. To conclude. As in the former Part of this Work I have accounted for the several Revolutions in our Civil State, so in this last Chapter I have traced from the beginning the various Turns and Changes which we have undergone in Religion, to our final settling in the Church of England. I wish I could truly say, that our Practice was in all Things answerable to our Profession, and did credit and honour to the excellent Church which has adopted us. But we are fallen into evil Times. When so great and general a Corrup- tion, both in Principles and Manners, has spread itself every where, it would be next to a Miracle if W3 were not tainted with it in some Degree. Too sure it is, that we are much gone off from the good Old Way of our Fathers, and that if we have enlarged our Acquaintance and Commerce with the World beyond them, it has not proved to the bettering of our Morals. Having confessed thus much, I must do my Coun- try the justice to say, that (blessed be God) we are not yet so depraved and abandoned as to throw Contempt on Reli- gion, and have the most awful and venerable Institutions of 221 RELIGION. it in derision. To forsake Christian Assemblies and Sacra- ments, and live openly as an Infidel (all which it seems goes .for nothing in some Places) would here render a Man infamous, and even debar him of Public Trusts and Employ- ments. The main reproach we lie under, is on account of our Divisions (229). Now supposing them as great as they are represented, yet they who upbraid us with them, do it with a very ill grace, being themselves far more obnoxious and divided. There are two Points about which a People are most apt to break out into Parties and Factions, viz, Religion and Civil Government. But in respect of these, we are all of one Heart and Mind, and there is not the least variance or Disagreement amongst us. Dissenters we have none of any sort (230), as has been observed before ; Whig and Tory are Names here without Significancy, and applica- ble to no body. In short, I take the multiplicity of Sutes and Chicaneries of Law, to be the unhappy source of all our Brawls and Squabbles ; and Men's Interests in this Island are so involved and entangled one with another by Guaran- ties, and other Ways peculiar to us, that some Controversies will necessarily arise. Neither are Men forbidden to seek relief from the Law in defence of their Properties, always provided that they have a guard upon themselves, keep their Temper, offend not against Charity, and do not improve Questions of Right into Personal Feuds and Quarrels, to the extinguishing of Love and Amity betwixt the nearest Rela- tions and Neighbours. Therein is the Fault, and we are particularly charged with it. If the Charge be true, we ought to take shame to ourselves, nothing being more con- trary to the Spirit of Christianity than Disputes and Con- tentions carried to those Heights. As for the late tumult in the Island, with the Occasion and Consequences of it, 'tis a Matter with which it becomes me not to meddle. It lies before His Majesty and Council, whose great Wisdom will doubtless find means to allay the Heats and Passions of angry Men, and restore Tranquillity to the Country (231). Glory to God in the highest, and on Hearth, Peace ! The End of the Chapters. OF RECORDS AND OTHER PIECES REFERRED TQ IN THE PRECEDING CHAPTERS. NUMBER I. The Constitutions of King John (*). Inquisitio facta de Servitiis, Consuetudinibus, et Libertatibus lusul. de GERESE et Guernese, et Legibus constitutis in Insulis per Dominuru Johannem Regem, per Sacramentum Roberti Blondel, Radulpki Burnel, &c. qiii dicunt, &c. Rot. Hen. 3- CONSTITUTION ES et Provisiones constitute per Dominum Johannem Regum, postquam Normannia alienta fuit. Imprimis, constituit Duodecim Coronatores Juratos, ad Placita et Jura ad Coronam spectantia custodienda. II. Constituit etiam et concessit pro securitate Insularium, quod Ballivus de cetero per visum dictorum Coronatorum poterit plaeitare absque Brevi de Nova Disseisina facta inlVil annum, de Morte Antecessoris infra annum, de Dote similiter infrd annum, de Feodo invadiato semper, de lucumbreio Maritagij &c. III. li debent eligi de Indigenis Insularum,per Ministros, Domini Regis, ct Optimates Patrie ; scilicet post Mortem uaius eorum, alter fide diguus, vel alio casu Icgitirao, debet substitui (-f). IV. Elect! debent jurare sine couditione, ad manutenendum et salvaudum jura Domini Regis et Patriotarum. V. Ipsi Duodecira in qualibet Insula, in absentia Just'.ciariorum, & una cum Justiciariis ciim ad Partes illas venerint, debent judicare de omnibus casibus in dicta Insula qualitercunque emergentibus, exceptis Casibus nimis arduis, et si quis legitimd convictus fuerita Fidelitate Domini Regis tanquam Proditor recessisse, vel mauus injecisse violentasin Ministros Domini Regis modo debito Officium exercendo. VI. Ipsi Duodecim debent Emendaa sive Amerciamenta omnium premis- sorum taxare, predictis tamen arduis Casibus exceptis, aut aliis Casibus iu quibus secundiim Cousuetudinem Insularum mere special redemptio pro voluutate Domini Regis et Curie sue. (*) The Original of these Constitutions of King John is lost ; but they are extant iu an Inquest of his Son Henry III, which recites and confirms them. (f) There is here a Transposition that perplexes the Sense. It ought to be, Scilicet post Mortem uuius eorum, vel alio casu legitimo, alter fide dignus debet substitui. 223 APPENDIX. VII. Si Dominus Rex velit certiorari de Rccordo Placiti coram Justiciariir et ipsis Duodecim agitati, Justiciarii cum ipsis Duodecim debeut Uecordum iacere ; et de Placitis agitatis coram Ballivo et ipsis Juratis la dictis Insulis, ipsi debent Recordum facere coujunctim. VFII. Quod nullum Placitum infrd quamlibet dictarum Insularuoi coram quibuscunquc Justiciariis inceptum, debet extra dictum Insulam adjornari, sed ibidem omnino terminari. IX. Instiper constituit quod nullus de libero Tenemeuto suo, quod per annum & diem pacifice tenuerit, sine Brevi Domini Regis de Cancellaria, de Tenente &Tenementofaciente mentionem y respondere debeat vel teneatur(*). X. Quod nullns pro Felonia damnatus extri Insulas pra?dictas, Heredi- tates suas infra Insulas forisfacere potest, quin Heredes sui eas habeant. (232; XI. Item, si quis forisfecerit, & abjuraverit Insulam, & postea Dominus Rex pacemsuam ei concesserit,& infra annum & diem abjuratiouis reverta- tur ad Insulam, de Hereditate sua plenarie debet restitui. XII, Item, quod nullus debet imprisonari in Castro nisi in Casn criminal!, vitaia veJ membrum tangente, & hoc per Judiciuna Duodecim Coronatorum Ju- ratorum y sed in aliis liberis Prisonis ad hoc deputatis. XIII. Item, quod Dominus Rexuullum Preposilum ibidem prohibere debeat nisi per eleetionem Patriotarum (f). XIV. Item, Cunstitutum est,quod Insulam non debeant coram Justiciariis ad Assisas capiendas assignatis, seu alia Placita teuenda, respondere, ante- *luam transcripla Commissiouum eorundem sub Sigillis snis eis liberentur, XV. Item, quod Justiciarii per Commissionem Domini Regis ad Assisas capiendas ibidem assignati, non debent tenere Placita in qualibet dictarum Insularum, ultra Spatium trinm Septimanarum. XVI. Item, quod ipsi Insulaui coram dictis Justiciariis post'tempus pre- dictum venire non tenentur. XVII, Item, quod ipsi non tenentur Domiuo Regi Homagium facere y donee ipse Dominus Rex ad Partes illas, seu infra Ducatum Normannie vene- rit, aut aliquum alium per Literas suas assignare voluerit in iisdem Partibus, ad predictum Hamagium nomine suo ibidem recipiendum, XVIII. Item, Statutumest pro tuitionc& salvatione Insularum & Castro- rum, & maximc quia Insule prope sunt, & juxta potestatem Regis Francie, & aliorum inimicorum suorum,quod omnes Portus Insularum bene custodiren- tur, & Custodes Portuum Dominus Rex constituere precipit, ne damua sibi & suis creniant (J). (*) This Article was inserted to restrain the Violence of the Governors, who having the whole Power Civil and Military in their hands, invaded Men's Estates, and possessed themselves of them by their sole Authority. (f) I know not what to make of this Article ; instead of prohibere, it hould undoubtedly be promovere. By Prcepositus must be meant the Pro- vost in Guernezey, who is the same Officer as the Viconte in JERSEY (*}. (J) When Henry III confirmed the Constitutions, Philip de Aubigny, Warden of the Islands, obtained a Supplement ffsome other Articles and Concessiont about Trade, which being of no use at present are here omittted. (*) In the Xlllth Article of King John's Constitutions, the word prohibere enders the said Article unintelligible. Instead of it, an ancient Copy of those Constitutions lately found in the Tally-Office reads habcre which makes tery good seuse. APPENDIX. 224 NUMBER II. The Inscription on the Mace given by K. Charles II. Tali haud omnes dignatur Honore (*). CAROLUS sccundus, Magnce Britannia, Francis, & Hiberniae Rex screnissi- raus, affectum Regium ergi Insulam de JERSEY (in qua bis habuit rcccptum, duin coeteris ditiouibus excludcretur) hocce Monumento ver Regio posteris consecratum voluit. Jussitque ut deinceps Balavis praeferatur, in perpetuam Memoriatn Fidei, turn Augustissimo Parent! Carolo Primo, turn suse Majestati scevientibus Bellis Civilibus, servatae a Viris clarissimis, Philippo & Georgia de Carteret, Equitibus Auratis, hujus Insuloe Baliv. & Reg. Prtefect. (232). To this the following Clause in the said King's Charter may be added. Et ulteri&s in Tesaeram favoris nostri prsefato Ballivo & Juratis Insulse nostril' de JERSEY prscc'.icttc ac coeteris Iiicolis & Habitatoribus infru Insulam illam, pro summa et constauti fidolitate & ligeautia suis, Nobis, & Predecessoribus nostris, nuper Regibus & Reginis Angliee & obe"ie, & ses sentences & ordonnances deuement execu- t6es, vous opposant a tous traitres, meurtriers, larrous, batteurs, matins, & seditieux, a ce que la force demeure au Roy. Vons le promct U's a 1'acquit de v6tre Conscience. The same Oath it taken by the Lieutenant-Governor > mutat. imitaml. NUMBER VI. The Grant of a Public Seal by K. Edward I. EDWARUUS Dei gratia Rex Angliae, Dominus Hiberniae, & Dux Aquita- niae, Ballivis Insularum de JERSEY & Guernesey, Salutom. Quia homines nostri Insularum preedictarum diversa damna, & pericala non modica, quan- doque in Mari per naufragium, quandoquein terr& per depredationes & alia viarum discrimina, multoties hactenus sunt perpessi, pro eopraecipu^ quod in Insulis illis nullum hue usque Sigillum babuimus, cum quo, seu per quod 1 , Brevia hominum de partibus illis consignari, aut ipsorum negotia ibidem posscnt expediri : Nos, ad communem utilitatem hominum partium earundem hujasmodi periculis & damuis congrao remedro prospici cupientes, quoddam Sigillum nostrum, quo decoetero ibidem uti voluimus, & quod vobis transmit- tinms, fecimus provider!, ut in posterum Brevia, qua homines Insularum pra'dictarum hactenus in Cancellaria nostra Angliae impetrare consueverunt, & de coetero impetrare voluerint, & Conventiones &contractus quos ibidem a modo alternatim fieri contigerit, &qui haetenus tantummodo verbotenus & non per Scripturam fieri solebant eodem Sigillode coetero consigneutur, Et ideo vobis mandamus, quod Sigillum illud recipiatis, & per totam terram lusularum praedictarum publice proclamari faciatis, quod omnes illi de Parti- bus illis qui exuunc Brevia uostra prsedicta habere voluerint, ilia secundum ATPENDIX. ftntiqnimi Registrum partium caruudem impetreut ibidem, prout hacteuus in Cancellaria nosta praedicta facerc consueverunt. Et vos Ballivi praedicti, hujusmodi Brevia, atq ; Conventiones & Coutractus, eodem Sigillo a modo consiguari faciatis, & transcriptunl preedicti Registri nobis sub Sigillo mitta- tis ; t omuiaprscmissa de coetcro in Insulis illis teneri & firmiter observari faciatis, in forma praedicta. In cujus rei testimonium has Litleras nostras fieri fecimus Patentes. Testemeipso apud Westmonaateriwn quintodecimo die Novetbris,aua(j Regni uostri septimo. NUMBER VII. Queen Elizabeth'* Charter at Length (235). ELIZABETH Dei gratia Angliae^ranciaeSf. Hiberniae Regina, Fidei defen- sor &c. Omnibus ad quos praesentes Litterae pervenerint, Salutem. Quum dilecti & fidcles ligei & snbditi nostri, Ballivus & Jurati Insulae nostrae de JERSEY, accoeteri incolse & habitatores ipsius Insulae, infra Ducatum nos- trum Normanniae, & predecessores eorum a tempore cujus coutrarii memoria iiomimun non existit, per speciales Chartas, Coucessioues, Confirmatioties, & amplissima Diplomata, illustriitm Progenitorum ac Ahtecessorum uostrorura, tarn Regum AngUae, quSrn Ducum Normanniae, ac aliorum, quamplurimis jurihus, jurisdictionibus, privilegiis, imninuitatibus, libertatibus, &' fran- chisiis, libere, quiete, & inviolabiliter usi, freti, & gavisi fuerunt, tarn infri Regnum nostrum Angliae, quam alibi infra Dominia & loca Ditiuni nostrae subjecta, ultra citraque Mare, quorum ope & beneficio Insular pra?nominata?, ac loca maritima prsedicta, in fide, obedientia, & servHio, tarn nostri quam eorundem Progenitorum nostrorum, constanter, fideliter, & inculpate persti- terunt, & perseveraverunt, Uberaque Commercia cum Mercatoribus, & aliis indigenis ac aiictiiycnis, tain pacis quam belli temporibus, babuerunt & exer- cuerunt ; Judicia etiam & Cognitiones omnium & omnimodarum causarum & querelarum, actionum, & placitorum, tarn Civilium quam Criminalium & Cap! tali urn, acjudicialem potestatem eaomnia tractandi, decidendi, discutien- di, audiendi, terminandi, atque in eisdem procedendi, & in Acta redigendi, secuudum Leges & Consuetudiues Insalae & locorum praedictorum ex antique receptas & approbatas, preeterquam in certis Casibus Cognition! nostrae. Regiae reservatis, de tempore in tempns exercuerunt, execati sunt, & per- egeruut; quae omnia & singula, cujus & quanti momenti snnt & fuerunt, ad tutelam & conservationem Insularum & locorum maritimorum praedictorum, ia fide & obodientia Corona? nostrae Angliae, Nos, ut a?quum est, perpendentes ; Neque non immemores quam fortiter & fideliter Insularii praedicti, accoeteri iucohv & habitatores ibidem, Nobis, & Progenitoribus nostris, inservierunt, quantaque detrimenta, damna, & pericula, tarn proassidua tuitione ejnsdem Insulae & Loci, quam pro recuperatione & defeusione Castri nostri de Mont' Orgueil t iufr& praedictam lusulam nostram de JERSEY, sustinuerunt,indies- que sustinent ; non solum ut Regia nostra benevoleutia, favor, & affectus, erga praefatos Itisularios illustri aliquo nostras Beneficeutiae Testimonio,ac 229 APPENDIX. certis indiciis, comprobetur, verum etiam utipsi, & eoruni poster!, deinceps in perpetuum prout antea, solitam & debitam obedieutiam ergg Nos, Haredes, & successores nostros, teneant & inviolabiliter observent, has Litteraa nostras Patentes, majrno Si;>'i|]o.<-/n j y r //eroboratas,in formaquai 1 scquitur illis concederedignati suiuus. Sciatis quod Nos, de gratia nostra special!, ac ex certa scientia & mero motu nostris, dedimus & coucesslrnus, acpro Nobis, Hseredibus, & Successoribus nostris, per Prsesentes damus & conccdi- inus, pra'fatis Haliivo & Juratis Insulae nostra; de JERSEY pra'dicta-, ac coeteris incolis & habitatoribus dicta; Insulrc, quod ipsi, & eorum quilibet, licet in Praesentibus non recitati, seu cogniti per separalia No- in ina, sint semper in futurum ita liberi, quieti, et immunes, in om- nibus Civitatibus, Burgis, Emporiis, Nundinis, Mercatis, Villis Mercato- riis, & aliis locis ac portubus int'nt Regnum nostrum Angliae ac infra omnes Provincias, Dominia, Territoria, ac loca Ditioni nostrae subjecta, tarn citra quaui ultra Mare, de&ab omnibus vectigalibus, theloniis, custumis, subsi- diis, hidagiis, tallagiis, poutagiis, panagiis, muragiis, fossagiis, operibus, expeditionibus bellicis, nisi in casu ubi Corpus Nostri, praefatae Reginao, Haeredum, velSuccessorum nostrorum, (quod absit) in prisona detinealur, & de ab omnibus aliis centributionibus, oneribus, & exactionibus quibuscun- que, Nobis, Haeredibus, & Successoribus nostris, quovis modo dcbitis, red- dendis, sen solvendis, prout praefati Insularii, vjrtute aliquarum Chartarum Concessionum, Confirmatiouum, sive Diplomaturo, per praedictos Progeni- tores nostros, quondam Reges Angliae & Duces Normanniae, sive alios, seu virtute aut vigorc alicujus rationabilis & leg-alls usus, praescriptionis, sea consuctudinis, unquam aliquando fuerunt, aut esse debuerunt vel potuf runt, debuit vel quovis modo potnit : Cumque nonnulla alia Privilegia, Jurisdic- tiones, Immunitates, Libertates, & Franchisiae, per praedictos Progenitores & Predecessores nostros, quondam Reges Angliae & Duces Normanniae, ac alios, praefatis Tnsnlariis indulta, donata, coucessa, & confirmata fuerunt, ac a tempore cujus contrarii memoria hominum non existit, infra lusulam & loca maritima pra?nominata / inviolabiliter usitata & observata fuerunt, de quibus unum est, Quod tempore Belli omnium Nationum Mercatores, & alii tam alienigeni qimrn indigeni, tarn host es quam amici, lebere, Mcite, & impune queant & possint dictam Tnsulam, &loca maritima, cum navibus, mercibus, & Louis suis, tarn pro evitaudis tempestatibus, quam pro aliis Hcitis suis nego- tiis inibi peragendis, adire, accedere, commeare, & frequentare, &libera commercia, negotiationes, ac rein racrcatoriam ibidem exercere, ac tuto & secure commorari, inde recommeare ac redire toties quoties, absque damno, molestia, seu hostilitate quacunque, in rebus, mercibus, bonis, aut corporibus suis, idque non solum infra Insulam, loca maritima pra;dicta, ac prsecinctum eorundem, verum etiam infra spatia undique ab eisdem distantia usque ad visum homiuis, id est, quatenus visus oculi posset assequi ; Nos eandem immunitatem, impunitatem, libertatem, ac privilegium, ac ccetera omnia praemissa ultimo recitatarata grataque habentes, ea pro Nobis, Haeredibua & Successoribus nostris, quantum in nobis est, pra-fatis Ballivo & Juratis, ac coeteris incolis, habitatoribus, mercatoribns, et aliis, tam hostibus quam amicis,& eorum cuilibet, per prsesentes indulgerous & elargimur, auctoritate APPENDIX. 230 nostra Regia reuovamus, reitcramus, & confmnamus, in (am amplis modo & forma prout prsedicti incolae & habitatures Insulae prwdictae, ac praedicti indigeui & alienigeni, morcatoros, & alii, per antea usi vel gavisifuerunt, vel uti aut gaudere debueruut. Uuivcrsis igitur & singulis Magistratibus, Ministris, & subditis nostris, per nniversum llcgnum nostrum Angliae, ac ccetcra Domiuia & loca Ditioui nostrae subjecta, ubilibet constitutis, per Pra?sentes deuuutiamus, ac firmiter injungendo praecipimus, ne hanc nostram Donationem, Concessionera, & Coufirmationem, seu aliquod in cisdcm expres- sum aut coiitentum, temerarie infringere, seu quovis modo violare prsesu- iiianl : & si quis uusu temerario contrafecerit, volumus & decemimus quantum in nobis est, quod restitnat non solum ablata aut erepta; sed quod etiam pro damno, interesse, & exponsis, ad plenariam recompensam & satisfactionem compellatur, per qaecunque Juris nostri remedia, severeque puniatur, ut Regiae nostrae Potestatis, ac Legura nostrarum contemptor temerarius. Praeterea ex uberiori gratia nostra, per Praesentos ratificamus, approbamus, stabilimus, & confirmamus omnes & singiilas Leges & Con- suctudines, infra Insulam & locamaritima praedicta, rite & legitimd usitatas & ex antiquo receptas & approbatas ; dautes & tribuentes praefatis Balliro & Juratis, ac omnibus aliis Magistratibus, Ministris, & coeteris quibuscunque, ibidem iu officio aut functionealiqua coustitutis,plenam, iutegram, & absolu- taui auctoritatem, potestatem, & facnltatem cognoscendi,jurisdicendi, & judi- candi, de & super omnibus & omnimodis placitis, processibus,litibus,ai;tiouibn8 querelis,et causis quibuscunque, infra Insulam et loca praedicta emergentibus, tarn realibus, personalibus, et mixtis, quam crimiualibus et capitalibus, eaque omnia et singula ibidem et non alibi placitandi et peragendi,prosequendi et de- feudendi,atque in cisdem vel procedendi vel supersedeudi, examinandi, audien- di,terminandi,absolvendi, coudemnaudi,decidendi, atque executionimandandi, secuudum Leges et Consuetudines Insulae et locorum maritimorum,praedicto- rum,pcranteausitatas et approbatas, absque provocatione,seu appellatione qua- cuuque praeterquam in casibus qui coguitioni nostrae Regali,ex vetusta consu- etudine Insulae et loci praedicti reservautur, vel de jure aut privilegio nostro Regali reservari debent. Quam quidcm auctoritatem, potestatem, et faculta- tem, praeterquam iu cisdcm casibus reservatis, Nos pro Nobis, Haeredibus, et Successoribus nostris, praefatis Ballivo et Juratis, ac aliis, damns, commit timus, concedimns, et confirmamus per Praesentes, adeo plene, libere, et integre, prout praefati Ballivus et Jurat?, ac alii, vel eorum aliquis, antehac iisdem rite et legitim usi, functi, aut gavisi sunt, vel uti, fungi, aut gaudere debuerunt, aut licite potuernnt,debnit ant potuit. Volumus praeterea, et pro Nobis, Haeredibus, et Successoribus nostris, per Praesentes concedimus praefatis Ballivo et Juratis, et aliis incolis et habitatoribus infra Insulam et loca maritima praedicta, quod nullus eorum de ccetero per aliqua Brevia, seu Processus, ex aliquibus Curiis, nostris, s-eu aliorum, infra Regnum nostrum ^n^zaeemergentia, sive eorum aliqua, citetur, apprehendatur, evocetur, in placita trahatur, sive quovismodo aliter comparere aut icsponderecogatur, extra' Insnlam et loca maritima praedicta, coram quibuscnnque Jndicibus, Justiciariis, Magistratibus, aut OtFiciariis nostris, aut aliorum, dje et super aliqua re, lite, materia, seu causa quacunque iufra Insulam praedictam ema- 231 APPENDIX. nente; sed quod Insularii praedicti, et coruin quilibct, hujusmodi citatf- onibu,apprehensionibus, brevibus, et processibus non obstautibus, licite et impune valeant et possiat, valeat et possit, infra Insulam et loca praedicta residere, commornre, quiescere, et justitiam ibide.u expeclare, absque aliqua pcena corporali seu pecuniaria, fine, redemptione, aut mulcta proiude incur- renda, forisfacieuda, nee non absqne aliqua offeusione, vel causa contempt us geu contumaciae, per Nos, Haeredes, et Suecessores nostros, illis, seu eorum alicui,aut aliquibus, proinde infligenda, irroganda, vel aliter adjudicanda, exceptis tantummodo hujusnoodi Casibus qui per Leges et Consuetudines Insulae et loci praedictt Regali nostrae Cognitioni atque examini reser- vantur, vel de jure et privileg!o, nostro Regali reservari debent. Et nl- terius de atnpliori gratia nostra, ac ex certa scientia et mero motu uostris, dedimus, concessimus, et confii niayimus, et per has Literas nostras Pa- tentes, pro Nobis, Haeredibus, et Successoribus nostris, quantum in Nobis- cst, damus, coucediinus, et confirmamus, praefatis Ballivo et Juratis, coete risque iucolis et habitatoribus Insulae et locorum maritimorum pra-dictoi urn, necnon Mercatoribus, et aliis eo confluentibus, tot, tanta, talia hiijusmodi vel consimilia jura, jurisdictiones, immunitates, impunitates, indemnitates, exemptiones, libertates, et franchisias, et privilegia qnaecunqne, quot, quan- ta, qualia, et quae praefati Ballivus et Jurat!, ac coeteri incolrc et habitatores, Mercatores, et alii, aut eorum aliquis,autehac legitime et rite usi,freti, seu gavisi fuerunt, nsus,fretu9, seu gavisus fuit, ac omnia et siugula quaecunque alia in quibnscunque Chartis, aut Litteris Patentibus nostris, seu Progenito- rum nostrorum, quondam Regum Anglia: seu Dncum Normannice, aut aliorum, cis, seu eorum predecessoribus, antehac data,coucessa, vel confirmata, et non revocata seu abolita, quocunque nomine, seu quibuscunque nomiuibus, iidem Ballivus, Jurat!, ac cceteri incolae et habitatores ejusdem Insulae, et locorum maritimorum praedictorum, aut eorum predecessores, aut eorum aliqui vel aliquis, in eisdem Litteris Patentibus, seu earnm aliquibus, censeantur, uun- cupentur, aut vocitentur, sen censeri, nunciipari, aut vocitari debuerunt, seu soliti fuerunt ; ac ea omnia ct siugula, licet in Praesentibus minime expressa praefatis Ballivo et Juratis, ac coeteris incolis et habitatoribus Insulae et locorum maritimorum praedictorum, nee non Mercatoribus, et aliis eo con- fluentibus, indigenis et alienigenis, per Praeseutes confirmamus, consolida- mus, et de integro ratificamus,adeo plene, libere, et integre, pront ea omnia et singula in eisdem Literis Patentibus contenta, modo particulariter, verba- tim, et expresse in praesentibus Litteris nostris Patentibus recitata et declarata fuissent. Salva semper atque illabefactata suprema Regia Potestate, Dominatione, atque Imperio Coronae nostrae Anglix, tarn quoad ligeantiam, subjectionem, et obedientiam Insulae praedictae, et alio- rum quorumcunqne infra Insulam et loca praedicta commorautium sive de- gentium, quam quoad Regalitates, privilegia, res, redditus, vectigalia, ao coetera jura, proficua, commodi tales, ac emolumeuta quaecunque infril Insu- lam et loca praedicta Nobis, Haeredibus, et Successoribus nostris, per pre- rogativam Coronae nostrae Angliae, sive Ducatus Normanniae, seu aliter- ex antiquu debita etconsneta : Sal vis etiam Appcllationibus et Provocationi- . bus quibuscunque lusulae praediotae, ac aliorum ibidem commorantium sive APPENDIX. 232 degentlum, in omnibus ejusmodi casibas qui Legibus ct Consuetudinibus In- sulae ct locorum praedictorum, Rcgali aostrae cognition! atque examini re- reservantur, vel de jure aut privilegio nostro Regali reservari debentur j aliqua sententia, clausula, re aut materia quacunque, superius in Praesenti- bus expressa et specificata in contrarium, in aliquo nonobstaute. Proviso semper, (|uod aliqua clausa, articulus, sive aliquod aliud in praesentibus nostris Litteris Patentibus expressum et significatum, non expouantur, in- terpretentur, seu se extendant ad aliquid quod sit, vel fieri possit, Nobis, vel Haeredibus nostris praejudiciale, quoad aliqua tenementa, terras, reddi- tus, Regalitates, vel hereditamenta nostra infra Insulam praedictam. Post- remo volumus,ac per Praesentes concedimus, quod diet! Ballivus et Jurat!, ac coeteri incolae et habitatores lusulae praedictae, necnon Mercatores, et alii illic cornmorautes seu confluentes, habeant, et de tempore in tempus ha- bere possint, has Litteras nostras Patentes, sub magnoSigillo nostro Angliae dtbito modo factas et sigillataF,absque fine, seu feodo, magno vel parvo, Nobis in Hanaperio nostro, seu alibi, ad usum nostrum pro praemissis quoquomodo reddendo, solvendo, vel faciendo ; Eo quod expressa racntio de vero valore annuo, aut de certitudine praernissorum, sive eorum alicujus, aut de aliis donis, sive concessionibus, per Nos, vel per aliquos Progenitorum sive Pre- decessorum nostrorum, praefatis Ballivo et Juratis, ac coeteris incolis et habitatoribus Insulae praedictae, sive eorum alicui, ante haec tempora factis in Praesentibus minime facta existit, aut aliquo statuto, actu, ordinatione, provisione,proclamatione, sive restrictione in contrarium inde antehac ha- bita, facta, edita, ordinata, seu provisa, aut aliqua alia re, causa, vel materia quacunque in aliquo nonobstante. In cujus rei testimouium has Litteras nostras fieri fecimus Patentes. Teste meipsa apud Greenwiche, vicesimo sep- timo die Junii anno Regni nostri quarto. Per Breve de Private Sigillo. NUMBER VIII. The Bull of Pope Sixtus IV. touching the Privilege of Neutrality, contained in an Inspeximus of K. Henry VIII. HENRICUS Dei gratia Rex Anglic, & Francie, & Dominus Hibernie, omni- bus ad qnos Presentes Littere pervenerint, Salutem. Constat nobis per inspectionem Rotulorum Cancellarie nostre, quod nos nuper Litteras nostras Patentes fieri fecimus in hec verba. HENRICUS Dei gratia Rex Anglie, & Francie, & Dominus Hibernie, omnibus ad quos Preseates Littere pervenerint, Salutem. Inspeximus Litteras Patentes Celebris memorie Domini Henrici nuper Regis Anglie, Patris nostri, facfas in hec verba. HENRICUS Dei gratia Rex Anglie, & Francie, & Dominus Hibernie, omnibus ad quos Presentes Littere perveuerint, Salutem. Inspeximus sacras Litteras Apostolicas felicis, recordationis Patris & Domini, Domini Sixti, divina, Providentia Pape Quarli nuper Apostolatum & Locum Petri Catholice guberuantis, ejus vera Bulla plumbea, cum fills sericcis rubei Croceique colorum, more Romane Curie, 233 APPENDIX. impendentibus, bullntas, sanas siquidcm & inlegras, non viciatas, non can- cellatas, nee in aliqua sui parte suspectas, scd omni prorsus vitio et suspicione carentes, ut in eisdem nobis evideutissime apparuit, pro parte Serenissimi Prlncipis clare memoire EDWARDI QUARTI Regis, Predecessoris uostri, atque universorum incolarum & habitatorum, tarn Ecclesiasticorum quam SecuUrium ac Regularium, de GERESEY,& Guernesey, Aureney, aliarumque illis viciriarura Insularum nostrarumConitantiensis Diocesii, in eisdem Litteris Apostolicis principaliter nominataruni, pro conimuui pace, conimodo, tran- quillitate, & salute, tarn Spiritualium quam ctiam Temporalium Subdi- torum uostrorum, in prenomiuatis Locis & Insulis degentium, impetra- tas & obtentas, ac per ipsum eundem bone rnemorie Sunimuni Pontificem, ad bonorum tutelam,&malornmperniciem, ac refrenationem, nonnullis ratloni- bus ad couservaiionem universe reipublice introductis agitatum & coinmo- tum, presertim pro boua pace, quiete, & militate Communitatis & Geiitis predictarum nostrarum Insularum, benigue indultas, favorabiliter & douatas, hujusmodiqui sequitur sub tenore. SIXTUS Episcopus, Servus servorum Dei, ad perpetuam rei memoriam. Ad bonorum tutelam, et malorum perni- ciem et vindictam, Justicia celitus emanavit, ut qui virtutis amore peccare non dubitant, peue formidine arceantur ; & quos timor Dei a ma'o non revo- cat, illorum audaciam Ecclesiastica Serveritas interdicat. Sane carissimiin Christo filiinostri, Edwardi Regis Artglie illustris, ac dilectorum filiorum universorum incolarum & habitatorum, tarn Ecclesiasticornm quam Secula- rium, ac Regularium de GERESEY, Guernesey, & Aureney, aliarumque illis ricinarum Insularum Constantiensis Diocesis, lamentabilis querela ad aures nostras pervenit, ineffectum continens, Quod nonnulli Predones, Pirate, Raptores hostilcs, Cursarii bellicosi, necnou Latrunculi maritimi, aut Malefactores & Presumptores, iniquitatis filii, Deum pre oculis non ha- bentes, & a malose abstinere nescientes, ad predictas Insulas mari Occe ano circundatas, & in qua Insula Guernesey Beati Petri in Poitu maris nuncupata, ac quamplures alie Ecclesie & Monasteria, tarn in dicta Insula (*) de Guer- nesey, quam aliis Insulispredictis, site & fundate existant, necnon Patrimo- nium sen dotes, &bona, tarn adpredictam Beati Petri, quam ad diversas alias Ecclesias in Insulis hujusmodi existentes, pertinentia existant, Necnon ad Portus, & Haffuras, & alia loca raaritima earundem Insularum vicinia cun- sistentia ; cum Fustis, seu aliis Piraticis Narigiis, & Armis, ac alias, hos- tiliter more Piratarum, Cursariorum bellicosorum, latrunculorum niariti- morum sepisime accedunt, & temere tarn interra quam in mari, et tarn in dictis Insulis et locis Maritirais, quam extra ilia, habitatores ct incolas de dictis Insulis, Ecclesiasticos etiam, Seculares et Regulares Personas, necnon Mercatores, eorumque Procuratores, factores,et negotiorum suornm gestores, uavigantes, piscatores, ac naves eorum, ac nautas, stantes, vel euntes per mare ad diversas partes seu redeuntes, cum eorum navibus, Mercauciis, et bonis, ex diversis muudi partibus, necnon etiam alienigenas Mercatores, eorumque factores, in predict is navibus dictorum incolarum et habitatorum, cum eorum Mercautiis, et bonis, etiam de diversis nationibus existentes, ac ctiam ipsos alienigenas naviganteset mercatores, eorumque naves, naviculas, (*) This word is left out in the Original at the Rolls. APPENDIX. 234 nantas, factores, ac Piscatores, cum eorura Mercantile, nnvilms, ct boiiis, etiam de di versis nnnidi partibus ad I UK u I as et luca maritima predicta, tarn pro evitandis tcinjiestut ibus, quam pro aliis suis licilis peragendis uegotiis, concur- reiiles, et inibi stantes, ac ab ill is recedentes, cum injectiouc mannum violen- (ariini, et iuvadere, detinere, arrestare, voxare, torturis afficere,rapere, furari, depredari, et asportare, et quod detestabilius est, Ecclesiarum Insulis prcdictis seu locis hnjusmodi consisteiitium, foribusetiam earum fractis, bona, et inter, dum Calices, et alia ornamenta Di vino Cultui deputata,similitcr furari, rapere, et asportare, domosque,naves,etboua igne appositocremare, et creuiari face- re, fruges, et animalia levare, ac incolas, Mercalores, et habitatores, eorum- que factores supradictos, tanquam eorum captivos abducerc,et ipsos carceribus mancipare, verberare, vulnerare, et aliquoties interficere, aut ia mare projicere, et multeities submergere, represalias quoqueseu Marchas, necnon appatissas, et contramarchas coutra ipsos ctiam, pro uoxa aliorum qui de Insulis et Locis predictis uon existant, dare seu imponere, ac ipsos arrestare, qnousqne se una cum eorum na vibus, Marcauciis et bouis, pro certis pecunie summis eis insupportabilibus redemaut, et alia quamplura mala inibi perpe- trare prestimiuit, iu gravamen Dei et Ecclesiastice Libertatis, offensam dicti Sancti Pctri, et aliarum Ecclesiarum, ac Monastcriorum, Hospitalium, ct aliorum Locorum Ecclesiasticorum, nccuon incolarum, et na>igantiuin,ac ad Insnlas et Loca ."\Iaritima predicta confugientium et concurrent! urn, Merca- torum, et persauarum predictorum maximum prejudicium et detrimentum ; Suntque ctiam mounulli qni predones, Piratas, Rap tores hostiies, Cursarios bellicosos, Latrunculos, Malefactores et Presumptores hujusmodi, in suis Civitatibus,terris,Castris, et locis receptant, et ab eis hujusmodi ablatabona ciiiimt, seu recipiunt, et alias super illiscontrahunt, eisque in premissis alias dant auxillium, concillium, vel favorem, sentcntias, censuras, &pcnas a jure, & que consueverunt in die Cene Domini, contra similes Piratas per Romanos Pontijlces publicari, incurrendo, in ipsorum animarum dampnabile & grave pcriculum & detrimentum; Quare pro parte Regis, incolarum & Iiabitatoruiu predictorum, nobis fuit humiliter supplicatum, ut ipsorum & predictorum omnium & shigulorum, ac dictarum Ecclesiarum, statui & indemnitatibus super hoc providere de Benignitate Apostolica dignaremur, Nos igitur, ad quos ex debito Pastoralis Officii nobis Divina dispositionc commissi, pertinet tarn nepharios aususreprimere, ipsor unique Predonnm, Piratarum, Raptor um hostilium, Cursariorum bellicosorum, Latruuculorum, & aliorum Malefacto- rum temeritatem, nc ilia nimium invalescat, rondigna punitione corrigere, hnjusmodi supplicationibus inclinati, Universis &singulis personis, cujusvis nobilitatis, preeminentie, status, gradus, ordinis, vcl conditionis fucrint, quacunque Ecclesiastica seu Mundana prefulgeant dignitate, Auctoritate. Apostolica, teuore Presentium Districtius inhibemus, illosquoque monemus, & illis mandamus, sub Excommunicationis, Anathcmatis, ac Maledictionis Eterne,& bonorum confiscationis sententiis, censuris, & penis, quas alias co ipso contrafacientes incurrant, ut a similibus de ceterose abstincant, nee ea, aut eorum aliquod,imposternm facere, aut ilia facientibus auxilium vel favorem publice, vel occnlte, directe vel indirect e, quoquomodo prestare presumant ; Alioquiu Nos in omncs & singulos Predones, Piratas, Raptores hostiies, Cursa- K2 235 APPENDIX. rios,Latrunculos bellicosos, Melefactores, &Prcsumptores hujnsmodi, qiii ad dictas Inpulas, Porlus, Haffuras, & loca maritiina, etiam per visum hominis a predictis Insulis distantia, predicta, Piratico more, hostiliter, vel alias do- lose, accesserint, descenderint, aut intraverint, sen illarum iucolas, habila- torcs, & pcrsenas tarn Ecclesiasticas quam Seculares, Mercatores, eoruraque Procuratores, factoresj&negotiorum suorum gestores, nautas, navigantes, piscatores,aut alias Alienigenas quoquenavigantes, & Mercatores, eorumque Procuratores, factores, nautas, procuratores cum eornm Mercanciis & bonis, supra Mare, ac per flux ura ipsus, etiam quarumcunque partium aut Nationum cxistant, in manibus dictorum habitatorum existentes, ac etiam eorundetn Alienigenarutn Mercancias in predictis navibus dictorum habitatorum trausfretatas, & peripsos habitatores ubique locorum tarn in terra quam in mari causa venditionis mereanciarum earuudem, vel alias, asportaverint, Necnon alienigenas navigantes, mercatores,eorumque procuratores, factores, nautas, piscatores, cum eorum navibus, naviculis, Mercanciis, rebus, & bouis, ad dictas Insulas, &loca maritiina predicta, per visum hominis, de quibuscun- que Mundi partibus aut Nationibus existant,tam pro evitandistempestatibus^ seu imnuiuitate obtineuda, quam pro aliis suis licitis peragendis Negotiis concurrentes, aut iuibi stantes, vel ab illis locis recedentes, & alias ut prefer- tur, iuvaserint, insidiati fuerint, ceperint, detinuerint, verberaverint, vul- neraveriut, carceribus niancipaverint, & ad rcdemptiones ccegerint, represa- lias qnoque, seu Marchas, vel appatissas, aut contramarchas contra eos apposuerint, seu appositas exigerint, & Ecclcsias, fruges, loca, domes, boua, & alia edificia antedicta concreraaverint, navesque, naviculas, & alia navigia, necnon libros,Calices, Ornamenta Ecclesiastica, fructus, redditus,& proven- tus, at quecunque alia bona predicta asportaverint, aut in predam abduxeriut, seu alia mala predicta in Insulis, Portubas, Hail'uris, & locis marilimis predictis, incolisqne &habilatoribus eorundem, seu alias ut prefertur, etiam Guerrarum vel inimicitiarum, necuon Treugarum seu Pacis, aut quocunque tempore perpetraverint, & alias, contra inhibitionem,monitionem, & maudata itostra hujusmodi, temere venire presumpserint, Necnon in omnes & singulos qui talibus Predonibus, Piratis, Latruuculis hostilibus, Cursariis bellicosis, ac Malefactoribns & presumptoribus prefatis auxilium, consilium, favorem, aut juvamen scieuter impenderint, sive eos in portubus, Civitatibus, Castris, villis, atq ; locis snis receptaverint, vel ab eis bona ablata hujusmodi scientcr emerint, seu alias super illis contraxerint, Excommunicationis, Anathemati- zationis, Eterneque maledictionis, atque eorum omnium bonorum couflsca- tiouis, & occupantibus ilia libere coucessionis & donationis Sententias Censuras, & penas per Presentes ferimus & promulgamus, ac eos, & eorum quemlibet excommunicamus, auathematizamus, eisque & eorum ruilibet similiter malediciiuus, eorumq ; bona omuia confiscamus, & occupaulibus ilia libere concedimus & donamus, ipsorumque nou pareutium Universitates, Communitates, oppida,castra, villas, &loca ad que Predones,Piratas, Rap- tores hostiles, Cursarios bellicosos, Latrunculos, Malefactores, & presump- tores supradictos declinare contigerit & in quibus ipsi recepti, & bona predicta scienter vendita aut distracta fuerint, luterdicto Ecclesiastico volumus subjacere, cosque & quaralibet ipsorum inbabilitamus, ita quod siut APPENDIX, 23(> ineligibiles, eorumque actus i tcstamenta 11011 valeant, Et nkhilominus ipsos "in ui lionore & diguitate, tarn Ecclesiastica quam mundana, nccuon feudis que ab Ecclesiis obtiuent perpetno privamus, aciuhahilcs reddimus & indignos, ac si iilkini (*) jurisdictioncin habeant earn perdant, eorumque Subditos &. Vasallos a jurameuto fidelitati* per eos tors it an prestito absolvimus, Et si aliqui ex ipsis Latrunculis veV aliis raalefactoribus prefatis Tabellionesseu- Notariifucrint, curum uoiv valeant instrumenla; Et nichilominus venerabili- bus fralibus nostris Cantuariensi Archiepiscopo, & Saresburiensi Episcnpo, ac. dilecto filio Basilice Principis Apostoloram de Urbe Archipresbytero^ per Aposto- lica Scripta mandamus, quatenus ipsi, velduo, aut unus eorum, per se, vel .ilium, seu olios, Presentes Litteras nostras, sive carum transumpta, per dictas Insulas, Portus, Haffuras, & loca marilima predicta, nccuon alia loca de quibus ac quoties pro parte Regis, iucolarurn, & habitatorum predictorum, vttl aliquorum corundum, fuerint requisiti, Auctoritate Apostolica solemp- niter publicautes, & publican mandantcs, ipsisque Ecclcsiis, habi- tatoribus, incolis, raercatoribus, & piscatoribus predictis, nccnoti Christi Fidelibus quorum intererit efficaci's defensiouis presidio assisteutes, Predoues, Piratas, Raptores hstiles,Cursarios bellicosos Latrunculos, Pre- s u nipt ores, & Malefactores, Librorum, Ornanaentorum, rerum & aliorum bo~ norum predictorum occupatores, raptores, verberatores, detentores, depreda- tores, abductores, repres aliasque seu Marchas vel appatissas aut Contra- marches poncntcs, aut asportantes, Necnon eos qui talia fieri seu committi inandaveriat,seu fecerint, aut eorum nomine seu mandate factaseu commissa rata & grata habuerint, quos per summariam iuformationem iavenerint talia perpetrasse, pro tempore, ipsorumque receptatores seu defensores, nccnou illis auxilium, consilium, vel favorem prestantes, ut bona rapta & spoliata abducta restituant, seu de ipsis et aliis sirailibus per eos commissis debitam satifactionem impeiulant, & si iufra dictum terminum id uon adimpleverint, in illos omnes & singulos malefactores generalem Excommunicatiouem, Anathematizationem, nostramque malediction'em & eorum bonorum confis- catiouem, privationem, et alias sententias, censuras, & penas, tarn a jure quam ab homine, proferant, necnon eorum Communitates, Universilates, Castra terras, loca, villas interdicaut, necnon Excommunicatos, Anatbemati- zatos, maledictos fore, & suabona confiscata esse, & alias penas & censuras predictas incurrisse, & eorum loca, terras, & villas esse interdictas, ut pre- fertur, in Ecclesiis, & locis publicis, in predicationibus, Missarum Solemp- niis, Festivis & aliis diebus in quibus eis videbitur expedire, cum major ia eisfuerit Cleri & populi multitude, .Campanis pulsatis, Candelis accensis, & demum cxtinctis, et in terram projectis, ac Cruce et libro elevatis, publice nuatient, et ab aliis nuntiari, et ab omnibus arcius evitari faciant, donee ad cor reversi plenam restitutiouera fecerint de ablatis, ac dampuis, interesse, et expensis propterea subsecutis, necnon a Sententiis, censuris, et penis predictis, absolutions beneficium, & Interdict! relaxationem, ac reconcilia- tionis, gratiam meruerint obtinere, contradictores per censuram Ecclesias- ticam & alia juris remedia appellatione postposita compescendo, invocato etiam ad hoc si opus fuerit auxilio braccliii, Secularis, a presentibus, autem (*) In the original at the Rolls it is nulla, which seems to be a mistake. 237 APPENDIX. censuris et penis nullam Couditiunetn hominum aut Sexum cxiinirnns, non Patriarchas, non Archicplscopos, non Episcopos, aut cujusvis generis Prelates non Reges, non Regiuas, non Duccs, nou Marchioues, non Comites, non ullius alterius dignitatis vel nominis Prcsidentes, imo expresse eos obnoxios esse, et reos presentium Censurarum decernimns : Nolentes privilegium nlluni, ullam indnlgentiam, ullas Litteras Apostolicas vim quoruncunque verbornm habentes, processibus et Litteris nostris hujusmodi obstare; rogan- tesque omnipotentcm et misericordem Deum, ac snppliciter deprecantes, ut animus que vinculis harum Censurarum ligate non sunt nc ligentur conserve! que vero ligate sunt ad Salutem et mcritum absolutionis convertat. Ceterum si forsan hujusmodi Predonum, Piratarum, Raptorum hostilium, Cursariorum bellicosorum, Latrunculorum, Malefactorum, & presumptorum predictorum, atque ea fieri mandantium, & eos receptantium, ipsisqne dantium per se, vel per aliiiin, seu alios, directe vel iudlrecte, publice vel occulte auxilium, con- silium, vel favorem, presentia, pro publicatione Presentium, ac mouitionibus, requisitionibus, & denuntiationibus, ceu citationibus hujusmodi facicndis secure yel commode haberi nequiverit, eisdem nostris Delegatis publica- tiones, moniliones, requisitiones, dennnciationes, & citationes quaslibet hujusmodi per edita publica loeis affigenda publicis, de quibus sit verisimilis coujertura quod ad notitiam monitornm et citatorum hujusmodi pervonire possiut faciendi, ita quod monitiones requisitiones, denunciationes, citationes, & publicationes hujusmodi perinde valeant, ac si ipsos monitos, requisitos denuutiatos, citatos, &publicatos arctent,ac si eia facte, intimate, & insinuate, persoualiter & presentialiter legitime extitissent ; Necnon at ipsi Malefac- tores, & alii Excommnnicati, aut Anathematizati, interdict!, maledicti, & privati predict!, commodius ad gremium Sancte Matris Ecclesie devenire valeant, Archiepiscopo, Episcopo, & Archipresbytero pracfatis, & eorum cuilibet, per se, vel alium, seu alios, ipsos pro tempore excommunicatos > anathematizatos, interdictos, & maledictos, & eorum quemlibet, si, & postquam de premissis plenarie & competenter satisfecerint, & id humiliter fieri pe- tieriut, injunctis inde eis pro modo culpe Penitentia salutari, & aliis qne de jure conspexerint injungenda, ab Excommunicationis Ceusuris, & penis predictis, Auctoritate Apostolica absolveudi, eosque ad Saeramenta Ecclesie, ac ad Famaui, honores, & dignitates,iu pristinum station restituendi & habilitondi? ac interdictum hujusmodi tollendi & amovendi, ac etiam ad tempus rclaxaiuli, & cetera desuper necessaria, quomodolibet opportuna faciendi, plenam & liberam Auctoritate Apostolica concedimus facultatcm, Articnlo tantum Mortis cxccpto, in quo etiam satisfactionem, vel cautionem Canonicam, ab eis volumiis cxigciidam ; Similibus Excommunicationibus, Ceusuris, & penis 'nnodantes Sacerdotes illos, tarn Seculares, quam cujusvis Ordinis Regulares, qui sic excommunicates, anathematizatos, interdictos, maledictos, privates, etiam in ipso Mortis articulo constitute, aliter quam ut prefertur absolverint, cisq ; Predicationem, Lectionem, Admiuistrationem Sacramentorum, audi- tionemqne Confcssionum, interdicimus per Presentes ; Confirmamus quoq ; omnia & singula privilegia, Litterasque Apostolicas, contra Predones, Piratas, Latrunculos, Cursarios, & alios malefactores predictos, cam suis Censuris & peais, hactenus tarn dietis Insulis quam alias auctoritate Apostolica coucessa. APPENDIX. 238 Nonnbstantibus felicis rccordationis Bonifacii Pape VIII. Predecessoris nos- tri, illis presertim quibus cavetnr ne aliquiB extra suam Civitatem vel Diocesin, nisi in certis exceptis Casibus, & in illis ultra unam dietam a fine sue Diocescos, ad judicium evocetur, scu de Judices a Sede prefata deputati, extra Civitatem & Dioccsim in quibus deputati fueriiit, contra quoscunque procedere, sive alii vel aliis vices suas conirnittere, aut aliquos ultra unam Dietam a fine Diocescos eorundem trahere presumant, & de duabus dietis in Consilio Genera)!, necuon de personis ultra certum uumernm non vocandis, aut aliis editis que eornndem Delegatorum nostrorum possent in hac parte jurisdiction! aut potestati, eorumque libero exercitio quoqnomodol ibet obviare* & tarn privilegiis, Litteris, & Indultis Apostolicis hujusmodi, que quoad hoc ipsis volumus aliquatenus suffragan, quam aliis Apostolicis Constitutionihus & Ordinatiouibus contrariis quibuscunque, aut si aliquibus communiter vel divisim ab cadem sit Sede indultum, quod interdici, suspend!, vel excommuui- cari, aut extra vel ultra certa loca ad judicium evocari nou possint, per Litte- ras Apostolicas non facieutes plenam & expressam ac de verboad verbum de Indulto hujusmodi mentionem ; Et insuper quia difficile foret incolis & habitatoribus, & aliis personis predictis, Presentes Litteras ad singula loca in quibns ille Littere necesserie forent, portare aut exequi, Volumus, & eadem Auctoritate decernimus, quod illarum Transumpto, manu Notarii Public! subscripto, & Sigillo alicujus Officialis raunito, ea prorsus fides adbibe- atur, & illis stetur in omnibus & per omnia, sicut Presentibug Lit- teris Apostolicis Originalibus staretur si forent exhibite vel ostense. Ft autem hujusmodi Processua nostri ad omnium hominum notitiam dedu- cantur, Litteras Apostolicas hujusmodi Processns continentes, in valvis dicte Basilice, necnon Cantuariensis, Londoniensis, Sarisburiensis, Nannelensis, Leonen- sis, Trecorensis, ac dicti Saicti Petriinportu Maris dicte Insule Guernesey, Ec- clesiarum, affigi volumus & mandamus, qui processus ipsos suo quasi preconio & patulo judicioita judicabuiit bos qnos hujusmodi processus contingunt, ut quod ad ipsos non pertinuerit aut ea ignoraveriut nulla possint excusationem pretendere, vel ignorantiam alligare, cum non sit ver isimilc quoad eos rcma- nere incoguitum vel occultum, quod tarn patenter omnibus fuerit publicatum. Nulli ergo omnino bomini liceat hanc paginam nostrarum inhibitionis, moni- tionis, promulgationis, Excommunicationis, Anathcmatizationis, Maledictio- nis, Confiscationis, concessionis, donationis, interdict!, inhabilitationis, priva- tionis, absolutionis, mandati, Constitutionis, Confirmationis, & voluntatia infringere, vel ei ausu temerario contraire ; Si quis autem hoc attemptare presumpserit, indignationem Omnipotentis Dei, & Beatorum Petri&tPauli Apostolorum ejus, se noverit incursurum. Datum Rome apud Sanctum Pe- trum, anno Incarnationis Dominiccmillcsimo qundriu gentesimo octuagesimo tertio, Kalendis Marcii, Pontificatus nostri anno decimo. Nos vero conside- rantes quantum Sacrosancta Romano mater Ecclesia salutem, pacem, prosperi- tatem, bonumque, & perpetuum reipublice successumuniversorum incolarum & habitat orum, tarn Ecclesiasticorum quam Secularium ac Regularium, sub- ditorum nostrorum de GERSET, Guernesey t &Aureitey, aliarumque illis vicina- rum nostrarum Insularum Constantiensis Dioceseos zelabatur dum Predones, Piratas, Raptores hostiles, Cursarios bellicosos, neenon Latruucuios, ac pre- 239 APPENDIX. sumptorcs, scelcratos factores quoscutique, qui gravamen, furlum, rapinanry vel alia quaruovcunque iujuriarum genera, sicuti latius in tenure Litterarum Apostolicarum, superius dictum est, contra & ad versus dictas nostras Insulas Mari Oceano circumdatas, seu habitat oros aut incolas earum, Ecclesiasticas quascunque seu Seculares personas, irrogant, imponunt vel committunt, sua di vina celestique justitia omues & singulos suis censuri penis prosequitur, nliisquc acrimoniis & bouorum amissionibus in eisdem LitterU Apostollids contentis & promulgatis percellit, ac etiam formidine Excommunicationis, Aiiathemuti/atioiiis, Interdict!, ac aliarnm penarum ox potestate gladii Spiritualis procedeutium, quantum sibi pussibile fuit, reprimit, refrenat, & compescit ; pari zelo cura consimili Nos ducti pariter & commoti, Regalis Officii nostri proprium esse considerantes, ut Subjectorum nostrorum iudem- nitatibus cummodisq proviribus intenti provideremus, quo longe magis ex- cussis amotisque eorum omnibus injuriis ac gravamiuibus, tranquil! i us, & letius ipsis quicscentibus vitam duceremus, baud inscii Seculares Principes intra Ecclesiampotestatis adepte culmina idcircotenere, ut per eandem potes- t'atem Bisciplinaru Ordinationem Ecclesiastical!) subjectione Gladii Tem- poralis, cum opus fuerit, muniant defendant, Litteras igitur Apostolicas predictas, atque de verbo ad verbum superius conteutas, omnia denique singula in esidem contenta, rata grata habentes, ea pro Nobis, Heredi- bus nost ris, quantum in nobis est, acceptamus approbamus, ac cas, secuu- all which Parties appeared before our right trusty and well beloved Councel- lors, the most reverend Father in God the Lord Archbisbopof 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 JVinton, 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 Canon*, and have now made Report auto us under their hands, that by a mutual consent of the said Deputies and Dean of onr Island, they have reduced the said Canon* and Constitutions Ecclesiastical into such Order as in their judgment may well fit the State of that Island: KNOW ye therefore, that we oat of our Princely Care of the quiet and peaceable govern" ment 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 ratifie, confirm, and approve thereof : And further, We, out of our Princely Power and Regal Authority, do by these Presents signed with our 247 APPEND**. Royal Hand, and sealed with our Royal Signet, for us, our Heirs and Succes- sors, will and command, that the said Canons and Constitutions hereafter following,shall from henceforth in all points be duely observed in our said Isle', for the perpetual government of the said Isle in Causes Ecclesiastical ; unless the same, or some part or parts thereof, upon further experience and trial thereof, by the mutual consent of the Lord Bishop of Winton for the time being, the Governor, Bailiff", and Jurats of the said Isle, and of the Dean and Ministers, and other our Officers of our said Isle, for the time being, repre- senting the Body of the 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 Scab 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 (238). De la Souverainete du Roy (*) Premierement, selou le devoir que nous devons a la tres excellente Majeste 1 du Roy,il est ordonnc quele Doyen & Ministres, ayans Cure des nmesseront tenus un chascuii detout leur pouvoir,scavoir, & cognoissance, d'enseigner, mettre en evidence, & declarer puremeut & sincerement, sansaucune feintise ou dissimulation, & le plus souvent que faire se pourra, et que les occasions s'en presentemnt, que toute Puissance Forreine, estran- gere, & usurped, pour autant qu'elle u'a aucun fondement en la Parole de Dieu, est totalement, pour bonnes & justes causes, ostee & abolie ; & par consequent que nulle sorte d'obeis- sance ou subjection, dedans les Royaumes & Dominions de sa Ma- jest, n'est deue a aucune telle Puissance ; ainsi que la Puissance du Roy dedans les Royaumes A'Angle- terre, tfEcosse & d'/rane?e,& autres ses Dominions & Contrees est la plus haute Puissance sous Dieu, a laquelle toutes Persounes, habitants & natifs dans icelles, doivent par la loy de Dien toute fidelitc & obeissance,avant & par dessus toute autre Puissance. 2. Quiconque affirmera & main- tiendra, que la Majest du Roy n'ala meme Autorite en Causes Ecclesiasti- ques, commc entre les Juifs ont cu IPS Rois rcligieux, & les Empereurs 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 feign- ing or dissembling, and as often as they may, and occasions shall offer themselves, to teach, publish, and declare, that all Foreign, strange, and usurped Power, forasmuch as it has no foundation in the Word of God, is wholly, for good and just causes, taken away and abolished ; and that consequently no manner of obedience or subjection is due, within the Kingdoms and Dominions of his Ma- jesty, to any such Power ; but that the King's Power within the King- doms of England, Scotland, and Ireland, and other his Dominions and Coun- tries, is the highest Power under God, to which all Persons, natives and inhabitants within the same, do by God's Law owe all loynlty anil obedience, before and above all other Power. 2. Whosoever shall affirm and maintaine, that the King's Majesty has not the same Authority in Causes Ecclesiastical, which godly Kings had among the Jews, and Christian Em- (*) The Canons are originally iu French, aud the English in the opposite column is only a Translation. Chretiens en 1'EgTise Primitive,; oa quiconque donnera aucun empesche- ment,en quelque maniere que ce soit, a la souverainet du Roy esdites Causes ; & quiconque affertnera que 1' Eglise d'Angleterre, comma elle est establie sous la Majeste du Roy, n'est tine vraie et Apostolique Eglise, enseignant purement la Doctrine des Prophetes & Apostres ; on quiconque impugnera le Gouvernement de ladite Eglise qui est par Ics Archevesques, Evesques, & Doyens, I'affirmans estre de PAtechrist; qu'il soit excommuniS ipso facto, & non restabli que par le Doyen en Cour seante, aprez sa repentance & revocation publiquede son erreur. Du Service Dimn, 3. II est enjoint a toutes sortes de Personnes, de se soustnettre an Service Divin, contcnu au livre des Communes Prieres de PEgHse cTAn- gleterre ; & quant aux Ministres, ils seront obliges d'observer avec uuifor- mite' ladite Liturgie, sans addition ou alteration ; & ne souffrira on aucun Conventicule, ou Congregation, pour faire Secte apart, ou se distraire dn Gouvernement Ecclesiastique establi en 1'lsle. 4. Le jour du Dimanche sera sanc- tifie par Exercises de Prieres Pa- bliques, et oftye de la Parole de Dieu ; sera un chascun tenu de s'y ranger a heure convenable, et obser- ver 1'ordre et biense'ance a ce requise; se rendans attentifs a la Lecture et Predication, eslang a genoux duraut les Prieres, et se tenans debout a la Confession de Foy, et doivent testifier leur Consentement et Participation en disant Amen. Et partant duraut aucune partie du Service Divin, les Surveillans ne permettront aucune interruption ou empeschement par insolence ou devis d'auciinc personne, soit au Temple ou Cimetiere. 5. II y aura Exercice Public en chacune Paroisse les Mecredys et Vendredys Matin par la lecture des Communes Prieres. 6. Quand quelque urgente occasion requerra de celebrer un Jeusne Extra- ordinaire, le Doyen avec 1'avis des APPENDIX. 248 perors in the Primitive Church ; or whosoever shall, in any manner of way, impeach or obstruct the King's Supremacy in the said Causes ; and whosoever shall affirm that the Church of England, as it is establish- ed under the King's Majesty, is not a true and Apostolical Church, purely teachingthe Doctrine of the Prophets and Apostles ; or whosoever shall impugne the Government of the said Church which is by Archbishops* Bishops, and Deans, affirming it to be Antichristian ; let him be ipso facto excommunicated, and not restored but by the Dean in open 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 Ser- vice, contained in the Book of Common Prayer of the Church of England ; and as for 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 them- selves from the Ecclesiastical Go- vernment established in the Island. 4. The Lord's Day shall be hallowed by the Exercises of Publick 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 re- quisite ; being attentive at the read- ing and preaching of the Word, kneeling on their knees during the Prayers, and standing up at the Con- fession of Faith, and shall tcstifie 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 hind- rance to be made by the insolence or talk of any person, either in Church or Church-yard. 5. There shall be Divine Service in every Parish on Wednesday and Friday Mornings, by reading of the Common Prayer. 6. When any urgent Occasion shall require an Extraordinary Fast to be celebrated, the Dean with the 240 APPENDIX. Ministres en avcrtira Ic Gouverncur, ct Ie Magistral Civil, d ce quc par leur Consentement et Autorite il soil observe 1 gdneralement, pour appaiser Ic couruux et ire de Dicii, par nne vraye etserieuse Repentance. Da Baptesme. 7. Le Baptesme sera administre en 1'Eglise avec eau pure et commune, suivant 1'institution de JGsiis Christ, et sans limitation de jours ; et nulne differera de presenter sou enfant au Baptesme plus outre que le prochaiu Dimancbe ou Assemble Publique, s'il se peut faire commodment ; et ne pourra aucun estre receu a y presen- ter enfant s'il ne communique a 1 la Salute Cene ; et ne pourront les fem- mes scales estre Marraines. De la Cene. 8. En chaque Eglise la Ste. Cene se celebrera quatre fois PAn, dont Puhe sera a Pasques, et 1'autre & Noel (239) ; et chaque Ministre en rAdministration de la Cene, recevra premierement le Sacrament, et bail- lera le pain et le vin a un chascun Communiquant, en usant les Mots de restitution. 9. Tons Peres et Maitres de Fa- mille seront exhortes et enjoints de faire iustruire leurs Enfans et Domes, tiques en la cognoissance de leur Salut, et pour ce faire aurout soin de les euvoyer aux Cathechisntes ordi- naires. DM Marriage. 10. Aucuu ne se marriera centre les Degr6s qni sont prohibes par la Pa- role de Dieu, selon qu'ils sout expri- ines en la Table faite par 1'Eglise d'Angleterre, sur peine de Nullit6 et Censure. 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 generallj observed, for the appeasing of the wrath and indigna- tion of God, by a true and serious Repentance. Of Baptism. 7. Baptitm shall be administred 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 bring- ing of his Child to Baptism longer than the next Sunday, or Publick Assembly, if it may conveniently be done ; and no one shall be admitted to be a Godfather, that does not par- take of the Holy Communion (t). Women alone shall not be allowed to be Godmothers (J). Of the Lord's Supper, 8. The Lord's Supper shall be admi- nistred in every Church four times a Year, whereof one shall be at Easter, and the other at Christmas ; & every Minister in the Administration of the said Supper, shall first receive the Sacrament himself, and afterwards distribute the Bread and Wine to each of the Communicants, using the Words of the Institution. 9. All Fathers and Masters of Fa- milies shall be exhorted & enjoyned to cause their Children and Domes- ticks to be instructed in the know- ledge of their Salvation, and to this end shall take care tosend them to the ordinary Catechisings (). 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. (*) The irregular practice of Baptizing at home without necessity, is not yet grown to be the fashion here. (f) This good Rule is strictly observed, insomuch thatone from another Parish offering himself for Godfather, must bring a Certificate from his Minister that he is a conformable person and a Communicant. (f) Viz. Without a Man to be Godfather. () By this is meant, both Publick Catechizing at Church, and such farther Examination as every Candidate for the Blessed Sacrament of the Lord's Supper must undergo in particular from the Minister. APPENDIX. 250 11. Les Annonces 'se fcront par trois Dimanches consecutifs aux Pa- roisses des Parties, & sera obligee la Partie de 1'autre Paroisse ou le Mar- riage ne sera celebre d'apporter. Attestation de la publication de sea Annonces en saparoissc Neautmoins sur causes Icgitimes on pourra avoir Licence & Dispensation desdiles An- nonces par Pauthnril du Doyen, qui preudra suffisante Caution de ta Liberte des Parties. 12. 11 ne se fera aucune Separation a Thoro & Mensd qu'a cause d'Adul- tere, cruaute, & danger de Vie, duement prouves, & ce a PInstance des Parties : & pour PAIIouance de la fern me durant la Separation, elle aura recours au Bras Seculier. Des Ministres. 13. Nul qui ne soil propre a en- seigner, & capable de Prescher la Parole de Dieu, ne sera admis en aucune Benefice de PIsle; et qui n'ait receu Plmposition des Mains, et Or- dination selon la Forme de PEgllse iTAngleterre. 14. Nul,ne Doyen ne Ministre, ne pourra occuper ensemble deux Bene- fices, si non en temps de Vacance ; & seront les Originates ou Natifs de PIsle, preferes au Ministere (240). 15. Les Minislres an jour de Di- manches apres les Prieres Publiques expliqueront le Matin quelque pas- sage de PEcriture Sainte ; et Apres- midy traiterout les Points de la Reli- gion Chrestieune coutenus au Cate- chisme du livre des Communes Pricres* 16. En leur Prieres ils observeront les Titres qui appartientient au Roy, le recoguoissans Souverain Gouver- neur sous Christ en toutes Causes & sur toutes Personnes,tant Eeclesias- tiques que Civiles ; recommandans la Prosperity de sa Personue, Estat, & Posterite Royale. 17. Un chascun des Ministres advi- sera diligemment de demoustrer la bienseance & gravite eii habits qui conviennent a sa Charge, & qui pre- scrvent le Respect deu asapersonue ; It. The Bans shall be published three Sundays successively in the Parish Churches of both Parties, and the Party of the Parish \vhere the Marriage is not celebrated bhall be obliged to bring a Certificate of ihe Publication of his Bans in his owu Parish. Nevertheless in lawful cases there may be Licence and Dispensa- tion of the said Bans, given by the authority of the Deau, who shall take good Security of the Liberty of the Parties. 12. There shall be no Separation d Tkorojf Mensa but in case of Adul- tery, Cruelty, and Danger of Life, duly proved, aud this at the Instance of the Parties : and as for the Main- tenance of the Woman during the Separation, she shall have recourse to the Secular Power. Of Ministers. 13- No man that is not fit to Teach, nor able to Preach the Word of God, shall be admitted to any Benefice within the Island ; Or that has not feceived 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 ; 4ud the Originuries or Natives of the Island, shall be preferred before others to the Ministery. 15. The Ministers every Sunday after the Pubiick Morning Prayers shall expound some Place of Holy Scripture ; aud in the Afternoon shall handle some Points of the Christian Religion contained in the Catechism of the Book of Common Prayer. 16. In their Prayers they shall observe the Titles which are due to the King, acknowledging him Su- preme Governor under Christ in all Causes aud over all Persons, as well Ecclesiastical as Civil ; recommend- ing (unto God) The Prosperity of his Royal Person, Estate, and Posterity. 17. Everyone of the j be careful to shew that decency and gravity of Apparel which become his Profession, and may preserve the Respect due to his Person ; and they M2 APPENDIX. & neront aussy circonsnects en tout le cours de leur vie dc he preserver de telles compafrnies, actions, & hantises de places, qui leur puisse apporter lihiMiu- ou flestrisseure ; & partant ne deshonoreront leur Robe parJeux, Tavernes, Usures, Compagnies, & Occnpations qui ne conviennent a leur Fotiction ; ains s'estudieront a exceller par dessus les autres en purcte de Vie, Gravite,& Vertu. 18. 11s auront soin que Registreswt garde des Baptesmes, Marriages, & Enterremeus , & seront obliges de publier au, jour qui leur sera appoint^, les Ordonnauces de la Cour, qui leur seront euvoy6es signees & seeleesdu Doyen, leur estans delivrecs quinze jours avant la Publication (241). 19. Les Ministres seront avertis en temps conveiiable pour assister aux F.nterrements qui se feront en leur Paroisses, et 13 observeront la Forme prescrite au Livre des Communes Prieres ; et nul ne sera enterre dans le Temple sans conge du Ministre, qui aura gard a la C*ualit6 des Per- sonnes, ensemble a ceux qui sont Bienfaiteurs a 1'Eglise. Du Doyen. 20. Le Doyen sera Ministre de la Parole de Dieu estant Maistre aux Arts, ou gradu au Droict Civil pour lemoins (242) ; ayant les Dons pour exercer la dite Charge, de bonne vie et conversation, el bieuaffectionne et ze'e a la Religion et Service de Dieu. 21. Le Doyen, aux Causes quise traiteront en Court, demandera PAd vis et Opinion des Minislres qui pour lorsserout presents (243). 22. 11 aura la connoissance de toutes choses qui concernent le Ser- vice de Dien, predication de la Pa- role, Administration des Sacremens, Causes Matrimoniales, Examen et Censure de tons Papistes, Recusans, H^retiques, Idolatres, et Schismati- ques, Parjures en Causes Ecclesias- tiques, Blasphemateurs, ceux qni ont rerours aux Sorciers, Incestueux, Adulteres, Paillards, Yvrogues, ordi- naire*, tt publics Profanateurs du shall be very circumspect in the whole course of their Lives to keep themselves from such company, ac- tions, 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 Func- tion ; bat shall study to excel! others in Purity of Life, Gravity, and Vcrtue. 18. They shall take care that a Register be kept of Chrisfnings, Mar- riages, and Burials ; and shall be obliged to publish on the day that shall be appointed them, the Ordinan- ces 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 Forni prescribed in the Book of Common- Prayer ; and none shall be interred within the Church without leave of the Minister, who shall have regard to the Quality of the Persons, and Trithal 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 exer- cise the said Office, of good Life and Conversation, zealous and well affect- ed to Religion and the Service of God. 21. The Dean, in Causes which shall be handled in Court, shall ask the Advice and Opinion of the Minis- ters 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 Sacra- ments, Matrimonial causes, the Ex- amination and Censure of all Papists, Recusants, Hereticks, Idolaters and* Schismaticks, Persons perjured iu Causes Ecclesiastical, Blasphemers, such as have recourse to Wizzards, Incestuous Persons, Adulterers, For- nicators, common Drunkards, and APPENDIX. Sabbat ; comme anssy la Profanation des Temples et Cimetieres, du Mes- pris et Offenses commises en Court, oucontre aucuus des Officiers d'icelle en execution des Mandats de la Court; des Divorces, et Separation d Tftoro et MensA; avec pouVoir de Jes censurer et punir selon les Loix Ecclesiastiques,sans exclure la Puis- sance du Magistral Civil au regard de la I'u nil ion Corporelle pour led dits Crimes (244). 23. Le Doyen accompagn6 de deux" on trois Ministres visitera une fois en deux Ans chaque paroisse en sa personne, et dbnnera ordre qu'il y ait Presche le jour de la Visitation, oil par soy meme, ou par quelqu'un par luy appointe 1 ; et se fera'ladite Visfc tation pour ordonoer que toutes choses appartenantes a I'EgUse, au Service de Dieu, et Administration des Sacremens, soyeut pourveues par les Surveillans, et le Temple, Cime- tiere, et Maison Presbyterialesoyent entretenues' et reparees : Et aussy recevra Information des dits Surveil- lans (ou faute a iceux a farre leur de- voir) du Ministre, de toutes offences et abus qui seront a reformer en au- cun, soit Ministre, Officiers de 1'E- glise, ou autres de la Paroisse; et recevra ledit Doyen pour la dite Visi- tation 40 sols de la Rente du ThreSor a chaque fois (245). 24. En cas de Vacance d'aucun Benefice, soit par mort, ou autrement, le Doyen donnera ordre present ement que les Fruits d'iceluy Benefice soient sequestre's, et quedu provenu d'iceux la Cure soit supplee ; et aussy que la veuve ou Heritiers du Deffuuct re^oivent selon la proportion du temps de sou Service, suivant a 1'U- sage de Plsle (246), saufce quiseroit necessaire a deduire pour les Dela- pidations, s'il y en a ; et donuera Terme convenable a la Veuve du l)eft'unct de sepourvoir de Domicile ; et baillera ce qui sera de residu au prochain Incumbant, auquel le Se- Huestrataire en rcndra compte. public Prophaners of the Lord's Day; as also of the Profanation of Churches and Church-yards, Con- tempt and Offences committed ill Court , or against any Officers there- of in the execution of the Mandats of the Court; of Divorces, and Sepira- tion d Thoro : et MensA; 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 b made for the ordering that all things appertaining to the Church, the Ser- vice of God, and the Administration of the Sacraments, be provided by the Church-Wardens, and that the Church, Church-Yard, and Parson- age-House be maintained and re- paired : 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 reformed, whether in the Minister, Officers of the Church, or others of the Parish ; and the sairt Dean for the said Visitation shall eaclr time receive 40 Sols out of the Trea- sury of the Church. 24- In case of Vacancy of any Be^ nfjice, 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 pro- duce thereof the Cure be supplied; and also lhat the Widow or Heirs of the Deceased be satisfied in propor- tion to the. Time of his Service, ac- cording to the Custom of the Island, with such necessary deductions as must be made for Dilapidations, if there be any; and shall give conve- nient Time to the Widow of the De- ceased to provide herself of a Dwel- ling ; and shall dispose of the Resi- due to the next Incumbent, to whom the Sequestrator shall be accoun- table. 253 APPENDIX. 25. Sur la mesme occasion tie Va- cnncc d'pucun Benefice, si dans six niois le Governeur nepresente aucuu nu Rcv6rend Pere en Dieu PEvesque de Winchester, ou en ca$ de vacancc de ce Siege, au Tres Reverend Pere en Dieu PArchevesquede Canterbury, pour estre admis et Institne audit Benefice, alors le Doyen certifiera du Temps de la Vacance aux dits Sei- gneurs Evosque QU Archevesque, se- lon qu'il escherra, a ce qu'ils ordon- nent pour la collation du Be'ncfice : et lors qn'aucun leur sera Presente, le Doyen donnera Attestation du com- port et sulSsanc.e de la Partic, pour estre approuve par iceux, devant que d'eslre admis a.ctuellement par le Doyen en Possession du dit Eendfice. 26. Le Doyen aura Flnsinuation & Approbation des Testamens, lesquels feront approuvs sous le sceau de 1 'Office, & Enregistres ; Aura aussy 1'Enregistrement des Tnventaires des biens meubles des Pupilles, def/quels il gardera fidelc Registre, pour en donner Copie tontesfois & quantes qu'il en sera reqnis. Item, baillera Lettres d'Administration des biens des Intestate, qui mourront sans hoirs de leur Chair, au prochain he- ritier(247). 27. Ceux qui seront saisis du Tes- tament, soit Heritiers, Execnteurs, on autres seront obliges de Pexhiber ct apporter au Doyen dans un Mpis ; faute de quoy seront convenus en Court par Mandat, en payant doubles Coutages pour la Compulsoire ; et aura le dit Doyen pour les dits Testa- mens, Inventaires, et Lettres d'Ad- ministration, tels Droicts qui sont Specific's en la Table sur ce faite. 28. Tontes Legations Mobiliaires faites a 1'Eglise, Ministres, Escples, ou Pauvres, seront dela Cognoissance (lu Doyen _; Mais sur ['Opposition qui pourroit cstres faite dc la validite du 25. In the same Case of Vacancy of any Benefice, if'within six Months the Governor does not present some peron 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 ad- mitted and instituted to the said Be- nefice, then 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 Bene- fice : and when any shall be Pre- sented to them, The Dean shall give Certificate of the behaviour and suffi- ciency of the Party to be approved by them, before he be actually ad- mitted 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 Regis little parcels, they are put up in an Assembly of the Parish, and he who bids highest has the collecting of them, with some small profit to himself. APPENDIX. ve expedient pour 1'Utilite Publique : et tlevant qu'estredcscharges, donue- ront advertissement anx Paroissiens pour ouir leui- Coinptes la Scmaine de Pasques, lesquels sennit Signes par le Ministre et Principaux de la Paroisse : etsi aucuns d6s dits Pa- roissiens, ou autres, refusent de payer les Rentes qu'ils doivent audit Thresor les dits Procureurs et Sur- veillans, ou aucuu d'iceux, les pour- suivront parlesvoyes Ordinaires de Justice: Mats cas advenant de Cou- troverse aux dits Accomptes, ou abus qui seroient a reformer, le Doyenet Ministre de la Paroisse ou la dite Con- troverse ou abus se trouvera, sejoin- dront avec le Bailly et Jurats pour y dormer Ordre couvenable. 35, Lesdits Snrveillans durant le Service Divin au jour du Dimauche visiteront les lieux suspects de Jeux et Dissolutions ; et avails le Cannes- table pour les assister, visiteront pa- reillement les Tavernes et Maisons de Debauche. 36. Us aurout soin qu'il n'y ait an- cune substraction et recelleraent des choses appartenantes a 1'Eglise ; comme aussy ils se pourront saisir, et poursuivre tous dons et Legates Mol> i Main's faits a 1'Eglise et aux Pauvres, selou les loix du Pais. 37. II y aura deux Collecteurs des Ausmosnes des Pauvres en chasquc Pa- roisse, qui feront Office d 1 Assistans, et seront esleus comme les Surveil- lans (251) ; et auront serment en Cour pour se bien comporter en leur Charge : et rendrout compfe de leur Administration deux fois 1'An par devant le Ministre et Paroissiens, sgavoir esta Pasques eta la St. Mi- chel. Publick Business, the Assembly of the States shall prescribe to them what shall be found expedient for the common advantage : Andbefore 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 Pa- rishioners, or others refuse to pay the Rents they owe to the said Trea- sury, the said Procurators and Church- Wardens, or any of them, shall prose- cute them by the ordinary Ways of Justice : But in case of any Contro- versy about the said Accounts, or of any Abuse to be reformed, the Dean and Minister of the Parish where the said Controversy or Abuse shall be, shall join with the Bailly and Jurats to determine the same as shall be found convenient. 35. The said Church-Wardens du- ring Divine Service on the Sunday shall search Places suspected of Gaming, and riotous Practices ; and having the Constable to assist them, shall also search Taverns, and tip- pling Houses. 36. They shall be careful that there be no with-holding or conceal- ing of things appertaining to the Church; they may also seize into their hands, or sue for the delivery of all Donations and Legacies Mobi- liary made to the Church and Poor, according to the Laws of the Coun- try. 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 Church-Wardens ; 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 Michaelmas. (*) They retain the name ofDiacres, i. e. Deacons, and are Persons chosen for their known Probity and Sobriety. The Office is honourable j and in a manner perpetual, not annual only as in England. No Parish-Officers have so near a relation to the Minister. They are particularly assistant to him at the Administration of the Holy-Communion (250), 257 APPENDIX. Des Clercs, ou Cou.ileurs. 38. Lea Clem ou Cousteurs dei Paroisses seront choisis par le Mi- nistre et Principaux de la Paroisse de Page de XX ans pour le moins, de bonne vie et conversation, sea- chaos lire posement, distinetement, et iutelligtblement, et escrire et qui entendent aucunement le Chant des Pseaumes, s'il est possible (252). 39. Lenr Charge est d'appeller le Peuple par le son de la Cloche an Service Diviu, et ofiye de la Parole de Dieu, a henre propre et convenable suivaut Purdinaire ; tenir le Temple ferm6 et net, comme aussy les Banes et la Chaire ; conserver les Livres, et autres choses appartenantes a 1'Egltse dont ils auront la Charge ; pourvoir 1'Eau pour le Baptesme, iaire les Criees et Denonciations qui leur seront enjointes par la Court, ou parle Ministre ; et auront leur Gages et Salaires par la Contribution des Paroissieus, soit en bled, froment, ou Argent, selon 1'Usage du Pais. Des Maistres (TEschole. 40. II yauraun Maistre (TEschole en chasque Paroisse, choisi par le Ministre, Surveillans, et Principaux d'icelle, et par apres pr6sent6 au Doyen pour estre authorize encette Charge ; et ne sera loisible a aucun de 1'exercer sans y estre ainsy apel- le : ct les Ministres auront soin de les visiter, et exhorter a faire leur Devoir (254). 41. Ilsuseront de toute laborieuse diligence a instruire les Enfans u lire, escrire, prier Dien, respondre au Catechisme : les duiront aux bon- nes Moeurs, les conduiront au Pres- che, et Prieres Publiques, les y fai- sant comporter comme il appartient. Of the Clercks or Sextons. 38. The Clercfcs or Sextons of the Parishes shall be chosen by the Mi- nister and Chief of the Parish, 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 somewhat qua- lified for the singing of the Psalms, if it may be. 39. Their Business is by ringing of the Bell to call the People to Di . vine Service, and hearing of the Word of God, at a proper and conve- nient Hour, according to Custom ; to keep the Church shut and clean, as also the Pews and Pulpit ; to pre- serve 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 Denun- tiations as shall be injoyned them by the Court, or by the Minister ; and shall receive their Wages and Sala- ries by Contribution of the Parishio- ners, whether in Corn or Money, according to the Custom of the Country. Of school Masters (f). 40. There shall be a School-mus- ter in every Parish, chosen by the Minister, Church- Wardens, and principal Peisous thereof, and after that 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 cal- led unto it : and the Ministers shall take care to visit them, and exhort them to do their Duty. 41. They shall use all painful Di- ligence 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-Pray- ers seeing that they behave themsel- ves there as becometh. (*) This Qualification is specially required of them, because it has been usual to put them to read the two Lessons at Divine Service, for the ease of the Minister. They are of better account with us than the poor Clerks of Country-Paribhes in England. Grave digging is none of their business. They mark the Place, and the Relations of the deceased send Labourers of their own to make the Grave (253). (*) These are not to be confounded with the MasierS of the Free-Schools. They bear a greater resemblance to the Masters of those Charity-Schools which of late years have been set up in England. APPENDIX. 258 De la four. Of Ihe Court. 42. La Course tiendra uae fois la Semaine au Lundy, et observera les mestnes Termes de Vacations que la Court Civile. 43. A chasque Seance,, au com- mencement d'icelle, les Noms dcs Assssseurs serout intitules, le jour, et ie uiois, et les Sentences leues. 44. Apr^s Jugement et Sentence donnee du Principal, les Coustages des Parties, et Subtraction de s- laire aux OflSciers de la Cour, se poursuivront par tes Censures Eccle- siastiques (255). 45. II y aura deux Avocats deue- meut assermentes u la Court, afin que le Peuple puisse agir formelle- nient et juridiquement, sans confu- sion ou surprise. Et le Greffier aussy estant assermente enregistrera fidele- ment la Sentence qui aura esle pro- noncee, et baillera Copie des Actes u ceux qui le requerrout. 46. Le Procurettr du Roy, et en son absence fAvocat, pourront assister de temps en temps a la Court, pour poursuivre la Censure et Punitiou de toutes Causes de Crime et Scandalu. 47- Pour ex6cuter lea Citations et Semonces, le Doyen assermentera les Cousteurs des Paroisses, et 'uu Appa- riteur, lesquels donueront fidele Re- cord de leurs Exploits, en donnant Copie des Citations et Maudats Originets d ceux qui le requerronf, et en absence de la Partie aux Do- mestiques ; el les Causes de la Com- parence seront exprimees dedans lesdites Citations et Mandats. 48. Si la Partie ne se trouve point, soil en se cachaut, on autre Collu- sion, la Citation seraaffichee al'huis du Temple Paroissial d'icelle, eneas qu'il n'ayt aucuu Domicile, et ce en jour de Dimaucfae. 49. S 1 !! parvient anx oreilles du Doyen par Relation des gens de bien, que quelqu'un vit notoirement en quelque Scandale, il en pourra aver- tir le Ministre et tes Surveillans de The Court shall be kept once a Week on the Monday, and shall ob- serve the same Term* and Vacations as the Court Civil. 43. At every Session, in the begin- ning thereof, the names of the Asses- sors shall be enrolled, the Day, and the Mouth, and the sentences read. 44. After Judgement and Sentence given in the principal matter, the Costs of the Parties, and the Fi>es of Ihe Officers of the Court, shall be awarded by the Ecclesiastical Cen- sures. 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 surprize. And the Clreffier (or Register) bpingalso sworn shall faithfully record the Sentence wbic!) 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 Cen- sure 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 Pa- rishes, and an Apparitor, who shall give a faithful report of their Pro- ceedings, giving also Copies of the Original Citations and Mandats to such as shall require them, or in the absence of them to their Domesticks ; and the causes of the Appearance shall be expressed in the said Cita- tions and Mandats. 48. If the Party be not found, as either concealing himself, or using some other Collusion, the Citation shall be affixed, in case be has no setled Habitation, on the door of his Parish-Church, and that upon a Lord's Day. 49. If it comes to the knowledge of the Dean by the Report of honest Men, that any one Irveth notoriously in some Scandal, be may advertise the Minister and Church- Wardens of N2 259 APPENDIX. la Paroisse, afin que s'en estant informer, ils presenter!! telles per- sonnes qui tneriteut d'estre puuies ou Censurees. 50. L& ou il coustera de la faute conimise par quelque Ministre, le Doyen, apres Monition rditc're'e, pro- cedera ^ la Reformation par 1'Avis et consentement de deux Ministres, jusqifa Suspension et Sequestration ; et en cas que ledit Ministre demeure Refractaire, le Doyen procedera, par le Consentement de la plus part des Miuistres presents en lisle, jusqu'a Deprivation. 51. On ne fera point de Commu- tation pour Penitence, siunn avec grande circonspection, ayant gard a la qualite des Personnes, et circon- stances des fautes ; Et sera la Com- mutation enregistree es Actes de la Court, pour estre employee aux Pau- vres, et usages pieux, et dout Ac- comptes serout rcudus selon ledit Registre. 52. Apres la premiere Defavte, la Non-comparence de ceux qui seront derechef cites par Mandat sera repu- lie Contumace ; et si estans Che's par apres eu Peremtoire i!s ne compa- roissent, on pourra proceder Pen- contre d'eux a I 1 'Excommunication. Que si dans le prochain jour de Court la Partie ne fait devoir d'obte- nir Absolution, on procedera a la Publication de la Sentence, et Mineure Excommunication, laquelle sera deli- vre'e au Ministre de la Paroisse pour en faire lecture a jour Solennel, et u 1'ouye de la plus part des Parois- siens assembles ; et la partie persis- taut eu son Endurcissemeiit, on pro- cedera a la Majeure Excommunication, qui forclost le Pccheur d Sacris et tiocietate Fidelium. Que si cette Cen- sure ne sert pour Tinduire A PObeis- sauce et se ranger dans le Terme de quarante jours, alors le Doyen par son Certificat authentique donnera aver- tissement au Bailly 8$ Juretz&e ladite Coutumace, et les requerra en assis- tance de sa Jurisdiction dc le faire saisir par les Officiers Civils, pour le rendre Prisonier en Detention Corpo- relle, jusqu'a ce qu'il se soit submis et oblige 1 d'cbtemperer a 1'Ordon- the Parish, totbe end that informing' themselves thereof, they may Pre- sent such Persons as deserve to be punished and censured. 50. Upon good Proof of a fault 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 Depri- vation, 51. No Commutation shall be made for Penance but with great circum- spection, haviugregard to the Quality of the PersoQS, and circumstances of the Crimes ; And the Commutation shall be enrolled in the Acts of the Court, in order to be laid out upon the Poor, and in pious Uses, and whereof accouut shall be given accor- ding 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 baing afterwards peremptorily cited they do not appear, they may be proceeded against by Excommunication. If be- fore the next Court-day the Party does uot endeavour to obtain Absolu- tion, 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, &in the hearing of the greater part of the Parishioners assembled ; and the Party persisting in his Ob- stinacy, the Court shall proceed to the Major Excommunication, which excludes the Sinner d Sacris et Socie- tate Fidelium. If this Censure can- not induce him to Obedience and Submission within the Space of forty days, then the Dean by his authen- tick Certificate shall give notice to the Bailly aud Jurats of the said Contumacy, and tliall 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 APPENDIX. nance de 1'EgUse ; et (levant qu'estre absous, sera tenu de payer les frais et coustases de la pom-suite de la Cause (256). 53. En causes de Pailfardiat sur la Presentation des Surveillans, avec les probabilites, comtnnn bruit, scau- dale, & presumptions d ce requises, la Partie sera sujette de stibir le Sermcnt de sa Purgation, ou autre- iiient sera tenu pour couvaincu. 54. Ett cas (TAdultcre a 1'instance de Partie, on y procedra raeurement par bonnes Preuves et Informations, pour avoir evidence du faict objecte ; et le sujet et preuve du fait le reque- rant, on pourra conclurc jusqu'a Separation a, Tkoro Mensa, 55. L ou il y aura Calomnie on Diffamation prouvSe, on feia recog- noissance des injures selonl'exigence du cas ; pourveu que PAction ne soil j>rescrite par lapse de temp*, d'un an entier ; et pourveu que le sujet de 1'Action soil de Crimes Ecclesiasti- ques cy devant Specifies. Des Appellation*. 56. Les appeaux en Causes Eccle- siastiques seront ouis et clefinis par le Reverend Pere en Dieu PEvesque de tVinchestere en person lie ; et en cas de vacance de ce Siege, par leTres Reverend Pere en Dieu PArcheves- que de Canterbury en personne (257). 57. Tout Appel s'interjettera dans quiuze jours apres cognoissance de la Sentance, et sera la Partie obligee de prendre et exiber tout le Prooes, et Actes du Registre ou Rolles de la Court ; et lesquels Actes aussy luy seront delivres en forme et temps convenable, authentiques sous le sceau de POffice ; et sera f Appellant Bujet de le poursui vre datis an et jour, aut Sentential lat< stare compellitur. 58. II ne sera licite tfappeller qu'apres Sentence Definitive de la he has submitted, and obliged him- self 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 Prose- cution of the Suit. 53. In causes of Incontinency, upon Presentment < 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 for convicted. 54. In case of Adultery at the In- stance of either of the parties, the Proceedings shall go on maturely, by good Proofs and informations, in or- der to have evidence of the Fact objected ; and the Subject and Proof of the Fact requiring it, the Court may proceed to Separation d Thoro et Mensu. 55. Upon Proof of Calumny or Defa~ motion, the Party guilty shall make acknowledgment of the injury accord- ing to the exigency of the Case ; provided the suit be prosecuted be- fore 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 Ecclesias- tical shall be heard and determined by the Reverend Father hi 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. Every Appeal 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 Re- gister or Rolls of the Court; which Acts shall also be delivered to him in Form and time convenient, authen- ticated under the seal of the Office ; and the Appellant shall be bound to_ prosecute his Appeal within a Year and a day, aut Sententix latet stare compellitur. 58. It shall not be lawful to appeal but after Sentence Definitive of the APPENDIX. Cause, shion pour ces deux egarda ; Cause, unless in these two Cases > on quand VInterlncutoire est telle either when the Interlocutory is such qu'elle met fin a la Cause ; ou quand as puts an end to the C'ause ; or ladite Jnterlocutoire estaut ob6ie elle when the said Interlocutory being apporte tel Domage irreparable a la obeyed brings such irreparable Da- Partie qu'il ne peut estre amende par mage to the Party, that he cannot be Appel de la Definitive. relieved by Appeul from the Sentence Definitive. Table des Droicts appartenants au Doyen, et d ses Officiers, pour toutes Causes Ecclesiastiques (*). Ponr I'approbation des Testaments, on les biens du deiFuuct n'excederont la valeur de 50 livres tournois de darn, au Doyen rien ; au Greffier pour 1'escriture et enregistrement 5 sols. Pour I'approbation des Testaments au dessus de la valeur de 50 litres tournois, ail Doyen 20 sols, au Greffier 10 sols. Pour lettres d'Administration, ou les biens du deffunct n'excederont la valeur de 50 litres tournois de claro, au Doyen rien; au Greffier pourlYscri- ture de ladite lettre 5 sols. Pour lettres d'Administration au dessus de ladite somme, au Doyen 30 sols, au Greffier 10 sols. Pour enregistrement des Inventoires des biens des Pupilles, la oft ledit Inventoire ne se montera a 50 livres trturnois, au Doyen rien ; au Greffe pour ledit enregistrement 3 sola. Pour enregistrement dcsdits Inventoires exce- dants la somme de 50 lirres tournois, au Doyen 20*o/., au Greffe 10 sols. Pour Copie authentique desdits Testaments, lettres d'Administration, ou Invenioires au Doyen pour son Sceau 5 sols, au Greffe b sols. Pour le Com- pulsoire des Testaments, au Doyen et Appariteur 10 sols. Pour Dispense des Bans de Marriage, au Doyen 30 sols. Pour la Sequestration des fruits d'aucun Benefice, au Doyen 60 sols. Ponr Induction des Ministres, au Doyen 30 sols. Pour les Maudats et Citations, au Doyen 2 sols> au Greffe pour 1'escriture d'yceux, 1 sol, a 1'Appariteur pour executer les Citations ou Mandats 2 sols 6 deniers, au Cousteur pour les Citations qu'il fera dans sa Paroisse I sol. Au Doyen pour 1' Absolut! on de la Mineure Excommunication, 10 sols, au Greffe 2 sols, a 1'Appariteur 2 sols 6 deniers. Au Doyen pour 1'Absolution de la Grande Excommunication 20 $ok, au Greffier 5 sols,a 1'Appariteur 5 sols. Pour Causes entre Parties litigants, la partie succombante payera les salaires et droicts des Officiers, et 3 sols par acte a la Partie, et a chasqne Temoiu produit en Court, 3 sols. Aux Avocats de la Court, pour chaque Cause qu'ils plaideront 5 sols, an Greffe pour chasque Acte de Court 1 sol. Pour chasque premiere deffautc ea Court 1 snl. Pour la Contumace 3 sols. Suivant ce que dessuP, est ordonnd Pursuant to what is abore, it is que le Doyen et ses Suceesseurs, ou ordained that neither the Dean nor aucuns des Officiprs qui sont a present, iiis Successors, nor any of the (\ffic*rt on seront par cy apres, ne f current who are now, or shall be her< after, directement ny indirectement lever, shall either directly or indirectly exiger, ou recevoir des habitants de raise, exact, or receive from the ladite Isle, autres droicts et salaires Inhabitants of the said Island, any (*) This Table, of Fees is not thought necessary to be Englished. APPENDIX. que ceux qui son t specifies en la Table cy dessus escripte (258). Plus outre est ordonne, que ce qui a estepar cy devaut exerce et mis en execution en ladite Isle, en quelques causes que ce soit, par vertu d'aucune Jurisdic- tion Ecclesiastique, demeurera pour abroafe, pour nc pouvoir estre tir6 en President, ledit Doyen ou aucuns de ses Successeurs, & exercer ou exe- cuter en temps a venir, centre ou outre la t incur desdits Canons & pre- sent, conceus & ordonues ; mais que le tout soit rapport6 & limite au contenu desdits Canons Si Constitutions Ecclesiastiqu.es (259). Comme aussy nc sera donne aucun empeschement par le Magistral Civil de ladite Isle audit Doyen et ses Sticcesseurs en 1'execution paisible de ladite Juris- diction, au contenu d'iceux Canons comme n'estans prejudiciables aux Privileges, Loix, et Coustumes de ladite He, auxquelles n'est entendu deroger (260). Donne sous nostre Signet (comme devant est dit) a nostre Palais de Greenwich, ie dernier jour de Juin, 1'an de nostre Regne d'<4n- gleterre, France, & Irlande le vingt- unieme, et AEcosse le cinquante- bixieme. other fees or Salaries than those which are specified in the Table above-writien Moreover it is or- dained, that what has been hereto- fore done and put in execution in the said Island, in what Causes soever, by virtue of any Ecclesiastical Juris- diction, shall remains abrogated, so as not to be drann into Precedent, by the said Dean or any of his Suc- cessors, 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 hinderance given by the Civil Magistrate of the said Island to the said Dean and his Successors in the peaceab'.e execution of the said Jurisdiction, according to the Contents of the said Canons, as not being prejudicial to the Privi- leges, Laws and Customs of the said Island, to which it is not intended to derogate. Given under our Signet, (as before is said} at our Palace of Greenwich, the last day of June, in the year of our Reign of England France &. Ireland, the twenty-first, and of Scotland the fifty-sixth. Jo. Lincoln, C. S- (f). La Winton (}). G. Cant (*). (*) George Abbot, Archbishop of Canterbury. (f) John Williams, Bishop of Lincoln, and Lord Keeper of the Great Seal. (|) Lancelot Andrews, Bishop of Winchester. NUMBER XIII. The Charter of King Henry VII for the erection of the two Free-Schools. REX omnibus ad quos &c. salutem, Sciatis quod Nos certis de Causis& considerationibus, Nos & Concilium nostrum specialitermoventibus,concessi- mus,&licentiam dedimus,pro Nobis & Haeredibus nostris, dilectis legeis no- stris, Jokanni Neel Clerico, Decano Capellse praecharissimi filij nostri primo- geniti Arthuri Princi^is Walliae, Ducis Cornubiae, & Coinitis Cestriae ; Vincentio Tefttj, Mercatori Villae nostrae Southamptoniae ; Quod ipsi duo Gymnasia infra Insulatn nostram de GERSEY, in locis ibidem magis convenientibus, de duobus Magistris sive Didoscalis, ac ducbus Hostiariis ub eisdem si opus sit, pro eruditione Puerorum in eadem Insula existentinm, ibidem vel alibi oriundorum, in Gratnmatica, ac aliis inferioribus Scientiii 263 APPENDIX. Liberalibus, facere,fuudare,ac stabilirepossint, juxtu ordir.atione*, constitu- tioncs, & stabilimenta, per priefatoa Johanncm & Vincentium in hac parte facienda, pro pcrpetuo duratura. Quodque iidem Magistri sive Didascali, in sing-ulis vacationibus eorundem Gymnasiorum, per Decauum & Curatos pjusdc-m lusulse pro tempore existentcs, vel per eundem Decanum & majorc.m partem eorundem Curatorum, eligantur, ac in rcalem possessionem eorundem de tempore in terapus ponantur per eosdem. Praeterea concessimus, & licentiam dedimus per Pra?serites, eisdem Johanni & Vincentio, quod ipsi, cum Gymnasia sic fundata, erecta, & creata fuerint, quendam annualem redditum sexaginta Quarteriorura frumenti (*) anuuatim levaiidi ad Festum Sancti Michaelist de hseridibus prsefatorum Johannis-Sc. Vincentij,se.a eorum alterius, prnpfatis Magistrissive Didascalis, quod ipsum dictum anuualem redditum a praefatis Johanna & Vincentio & haeredibus stiis prsedictis, uecnon quoscuuque annuales redditus frumentorum usque ad numerum ducentorum Quarteriorum frumenti, ultra prajdictum annualem redditum Sexaginta Quarteriorum, a qnibuscunque personis ea eis dare vel concedere volentibus, recipere possiut, & tenere, sibi & Successoribus suis, in usus suos proprios in perpetuum, similiter licentiam dedimus specialem, aliquo Statute, Actu, vel Ordiuatione de redditibns ad mauum mortuam lion pouendis, ante haec tempora in con- trarium factis, editis, sive ordinatis, in aliquo non obstantibus. Nolentes quod Capitanei nostri Insula? pra^dictse, seu aliqui Officiarij vel Ministri iiostri ibidem, praeterquam Decanus et Curati praedicti, de hujusmodi elec- tione, aut donatione, vel collatione Gymnasiorum praedictorum, cum vacave- rint, nullateuus se intromittaat. In cujus &c. T. R. apud Westm decimo quinto die Kovembris, anno Regni Regis Henrici Septimi duodecimo- NUMBER XIV. A Table of the Wheat-Rents belonging to the Trsors of the respective Parishes, ST. OUEN. Quart. Cab. SixU Church 30 .. 00 .. 00 Poor 26 .. 00 .. 00 ST. MARY. Church 06 .. 00 .. 00 Poor 11 .. 01 .. 00 ST. JOHN. Church 10 .. 03 .. 00 Poor 10 .. 05 .. 00 ST. PETER. . Church 35 .. 01 .. 03| Poor ...13 .. 00 .. 03 (*) The present annual revenue of the two Schools stands thus. ToSt Magloire belongs a House with Laud, valued at 5 Quarters of Wheat-Rent, besides 30 Quarters more to receive in several parcels. To St. Anastase, a House likewise with Land, valued only at 2 Quarters. Rents to receive 25 Quarters. APPENDIX. 2G4 ST. BRELADE. Quart. Cab. Sixt. Churc'a 26 . . 00 . . 00 Poor 11 .. 04 .. 00 TRINITY. Church, 24 .. 00 .. 00 Poor 24 .. 00 .. 00 ST. LAURENCE. Church 30 .. 00 .. 00 Poor 11 .. 00 .. 00 ST. MARTIN. Church 28 .. 05 .. 01 Poor , 05 .. 04 .. 00 GROUVILLE. Church 24 .. 07 .. 03| Poor 13 .. 07 .. OOJ ST. SAVIOUR. Church 22 .. 06 .. 04| Poor 17 .. 06 .. 03 ST. CLEMENT. Church 28 .. 05 .. 04| Poor 06 .. 05 .. 00 ST. HELIER. Church 37 . . 03 . . 03 Poor (261) 13 .. 06 .. 02 Cabots and Sixtoniers are the Fractions of a Quarter, 6 Sixtoniers make a Cabot, and 8 Cabots make a Quarter. NUMBER XV. The Oath administered to a Jurat-Elect in JERSEY, before he takes his Place upon the Bench. Vous N". N. Puis qu'il a plu a Dieu You N. N. Since it has pleased vous appeler legitimement en cette God to call you lawfully to this Charge, vousjureset promettes par Charge, you swear and promise by la foy & serment que vous dev6s a the faith and oath which you owe Dieu, que bien & fidelement vous ex- unto God, that you will well and cerceres 1'estat & charge de Jttre-Jus- faithfully execute the place and office ticier, en la Cour Royale de notre of Jurat-Justiciary, in the Royal Souverain Seignenr le Roy George Court of our Soveraign Lord George second, par la grace de Dieu Roy de the second, by the grace of God King laGrande liretagne, France, & Irlande, of Great Britain, France, and Ireland, &c. en cette sou Isle de JERSEY ; la &c. in this his Island of JERSEY; Majeste duquel vous reconnoistres and that you will recognize His sous Dieu supreme Governeur en Majesty as Supreme Governor under tous ses Royaumes, Provinces, & God in all his Kingdoms, Provinces, Dominions ; renonant a toutes Su- and Dominions ; renouncing all fo- perioritez foraiues & etrangeres. reign and strange Superiorities (or Vous garderes ledroict de sa Majeste Jurisdictions.") You shall maintaine & de ses Sujets, & soutiendres the Rights of His Majesty and of his 265 APPENDIX. 1'honneur et gloirede Dien,etdesa pure et sacree Parole. Voua' ad- ministrerds bonne et bridve justice, egalemeut tant au riches qu'aux pau- vres, sans acceptiori de personnes, suivantnosloiXjCoutnmes, et usages, confirmez par nos Privileges, eu les soutenaut, avec uos libertez et fran- chises, vous opposant a quiconque les voudrait enfraindre. Item, vous fers punir et chatier tous Traitres, Meurtfiers, Larrons, Blasphema- teursdu sacre Noni de Dieu, Yvro- gnes, et autres Personnes scanda- leuses, chascun selon son demerite; vous opposant a tous Seditieux, a ce que la force demeure au Roy et a Fa Justice. Vous assisteres a la Cour, toutefois et quantes qu'en seres re- quis, si n'aves excuse Isgitirae, et en tel cas mettres un autre Justicier en votre place ; donnant votre avis, opinion, et eonseil, selon la purete de votre conscience. Vous houoreres et fere's respecter la Cour ; et garderes et fers garder le droict des Venves et Orphelins, Etrangers, et autres personnes indel'endues. Ftoalement, en vos Conclusions, vons vous ran- geres et conformeres au meilleur et plus sain avis de Monsieur le Bailly et de Messieurs de la Justice. Vous Je promettesen votre consciecce. Subjects, and assert the honour and glory of God, and of his pure and sacred Word. You shall administer good and prompt Justice, both to rich and poor equally, without accepta- tion of Persons, agreeably to our laws, customs, and usages, confirmed by our Privileges, upholding them, together with our liberties and free- doms, in opposition f call whomsoever that would infringe them. Moreover, yon shall cause to be punished and animadverted against all Traytors, Murtherers. Robbers, Blasphemers of God's Holy Name, Drunkards, and other scandalous Persons, each according to his deserts ; opposing all seditious practises, so that the King's Authority and that of Justice, may reniaine superiour. You shall as- sist at Court, whensoever so required, unless you have a lawtul excuse to the contrary, and in such Case you shall set another Justic er in your place; giving your advice, opinion, and counsel, according to the up- rightness of your Conscience. You shall honour and cause the Court to be respected ; and shall maintaine and cause to be maintained the right of Widdows and Orphans, Strangers, and other defenseless persons. Last- ly, in your Conclusions, you shall yield and conforme yourself to the better and sounder opinion of the Bailly and other Jurats. This you promise upon your Conscience. FINIS. ON THE 19th CHAPTER OF THE 2d BOOK OF MR. SELDEN's MARE CLAUSUM. In a Letter to the Author. Reverend Sir, I see with pleasure your Account of JERSEY brought at length to a con* elusion, and cannot but congratulate myself and the rest of my Countrymen for the accurate Description you have given of that our Native Place. It lays an Obligation upon all the Inhabitants which they must never cease to acknowledge. Whatever good and brave Actions have been performed by their Ancestors you have therein transmitted to Posterity, that they who come after may follow the Example, especially in an unalterable Fidelity to the Crown of England, whereby they will entitle themselves to it's Favour and Protection more and more. Neither do your generous Endeavours to serve your Country end so. Some time ago yon declared your intention to give your Books for the use of the Public there, and I who have often seen that collection in my Visits to you at Shenley, and have sometimes bought for you here in London, am well apprized of the Cost and Value of it. This your Declaration I ought in justice to make known, the rather because in that place of your Account (page 321.) where you speak of the want of a Library, you have, out of modesty, declined naming yourself as the intended Benefactor. It remains only to wish, that when that Magazine of good Literature is brought into the Island, it may promote the Ends for which you design it. In the course of your History, I observe, That you have taken no Notice of some remarkable Arguments used by Mr. Selden in the 19th Chapter of the lid Book of his Mare Clausum. On them I formerly made some Remarks, which I here send you, and of which yon will make what use yon think convenient. It will perhaps be reckoned no small Presumption in me, to oppose so great a man as the Learned Mr. Selden, whose Authority hath upon most occasions been held as sacred : But it must be considered, That the learned&t Man is liable to err 5 That Truth alone ought to be sacred ; and That This, and not Authority unless founded upon Truth, is to be re- garded in any Writer, of how great a Name soever. I shall therefore, without any further Apology, proceed to take into consideration the Proposition laid down by Mr. Se Wen in the forementioned 02 267 REMARKS ON MR. SELDEN, &C. Place, which is, () " That the Kings of England have always (perpetnS) " been in Possession of the Islands lying near the French shore ; that is (as " he explains himself) of the Islands of Jersey, Garnesey, and others on the " coasts of Normandy and Bretagne (f), and consequently have been Masters " of the Sea, in which those Islands lie." And here 1 cannot but observe once for all, That foi Mr. Seldtn to argue in Vindication of this noble Privilege, upon so ill-grounded a Principle, as he does all along in this Chapter, serves only to betray his Cause ; and rather weakens, than confirms our antient and well-established Prescription to the Dominion of the Narrow Seas. For, Were these Islands ever ia the hands of Ecbert, Alfred, Edgar, Ethelred, Canute, or any of their Danish, or Saxon Suc- cessors ? And yet, if Mr, Selderfs Argument be of any force, they ought even then, or rather for ever (perpetuo) tohave been subject to the Kings of England; for so high is the Pretension to the Dominion of the Narrow Seas carried by the Assertors and Patrons of it (J), To set therefore this whole Matter in a true light, I shall give a short abs- tract of the antient State of those Isles out of your History. It is then certain, That these Islands were part of the antient Province of Neustria,and subject to the Kings of France of the first and second Race, till the Year 912 when Charles IV. King of France, harassed by the repeated Invasions of the Norman Free- Booters, was, in order to quiet them, forced to grant Rollo and his Followers these Islands, with the whole rich Province of Normandy (ty such was their antient Civil State. As for their Ecclesiastical Government about the Year DLV. Childebert, did, at the Request of St. Sampson, Arch- bishop of Dol in Aremorica, (or Rretagne,} annex them to that See ; under whose successors they continued, till the settling of the Normans in Nevs- tria (||). But all that while, they remained, in secular Affairs, under the Jurisdiction of the Kings of France. For it appears, that Charles the Great, had there his Gncernours, called Duces and Comiles ; and dispatched thither, upon extraordinary occasions his Legati, or Commissioners-Royal (^f). When the Normans became possessed of Neustria, and with it of these Isles, they wereby them withdrawn from the Jurisdiction of the Archbishop of Dol, and annexed to the See of Co6tances(a'). So that Mr. Selden's Supposition must be groundless (b), That this was not done till the English were Masters of both (*) In dominio Insularnm litori Gallicano praejacentium perpetuo aRegibus Angltae retento, possessionem Maris in quo silse simt, a majoribusacceptam eonspici. Seldeni Mare Clausum Lib. II. c, 19, ft) - Littori Normannico ac Aremorico praejacentes, imo intra maris sinum, quern facit hinc Aremoricum, illinc Normannicum lit us, Ibid. (1) See Mr Burchefs Naval History Book I. c. x. xi. and Mr. Selden's Mare () See Account of Jersey. (II) Kid. (a) Ibid. (b) Ob loci vicinitatem commodius quibem habebatur regimen ecclesias- licuni i Nonnaimia deductum : quod initium habuisse ex illis seculis qnibus utrumqne litit- possidebat Aiiglus, par est ut crcdamus. Selden. obi. stipr. REMARKS ON MR. SELDEN, &C. 2G8 Shores, that is, after the \orman Conquest. Upon the whole then, These Islands were parcel of the Duchy of Normandy until by Henry I. they were annexed to,aud declared (inalienable from, the Crown of England (*). Such being the Truth of the Mutter, let us particularly examine the seve- ral Arguments alledged by the great Mr. Selden, to prove the contrary opi- nion, namely, " That the Kings of England have always possessed the Islands " aforesaid lying near the Coast of France, (and consequently been Masters *' of the Sea in which they are situate.)" 1. His first Argument is taken from a Petition (f) of the States of England, and of several other foreign Nations, to the Commissioners of England and France, against Reynei Grimbaltz Admiral of France, in the Reigns of Edward I. and Philip the Fair, An. 1303. wherein it is expressly acknowledged, That the King of England hath always been Master not only of this Sea, but also of the Islands lying in it, by reason of his Dignity, or as he is King of England. In answer to which, I beg leave to observe in general, That the Language of Petitions Is seldom much to be depended upon, and therefore arguing from them is but building upon a sandy Foundation. For the Petitioners do not generally regard so much the Truth of what they advance, as whether H will serve their present Turn aud Purpose. As for the words of the Peti- tion now under consideration, they are so very general and indeterminate, that from them nothing certain can be concluded ; For in them it is only af- firmed, "That the Kings of England, by reason of their said Kingdom, have, " from Time immemorial, been in peaceable Possession of the sovereign Do- " minion of the Sea of England, and of the Islands situate therein." (f) Now, what do they mean by the Sea of England ? It could not be what is at pr esent called the British Ocean, or else their words must admit of great Restriction. For certainly the Kings of England could not then be said with any Truth to have been, from Time immemorial, in peaceable Possession of the Islands situate therein, except a very few, namely those of Wight Portland, and others upon the Coasts of the Southern Counties. The greatest part of the Islands in the Narrow seas were not then in their Possesiou ; witness the mighty Clusters of Isles about Scotland, several on the Coast of Bretagne $c. Even Ireland was but lately conquered viz. in the Reign of Henry II. and the Accession of the Isle Jersey , & others near theNonnan Coast was not till the Reign of Henry I. all which is far from having been from Time immemorial. So that the gene- ral Assertion of the Petitioners, taken in its obvious Sense aud due Latitude, is false ; and they not having explained what Isles they meant, no Argument of any weight can be grounded upon the words of their Petition: Conse- quently this Argument of Mr, Selden is of no force. 2. His second Argument is taken from a Custom formerly practised by (*) Account of Jersey- (f) See that Petition at length in M. Selden's Mare Clausuiu Lib. II.c.28, and Mr. Burchet's Naval History Book I. c. 11. (}) Que come les Royes d'Eugleterre par raisondudit Royalme, du temps dont il u'y ad memoire du contrarie, eusseiit este en paisiblc possession do la souvereigne Seignuric de la Mier d'Engleterre, & des Isles esteauus eu ycelb i SeMeu MreClausum, Lib, II, c. 28, 269 REMARKS ON MR. SELDEN, &C. ome of our Kings, namely Their sending over into those Islands Justices fit- nerant, as they are wont to do at the Circuits here in England, who brought such Matters as could not be determined within those Isles into the Court of Kings Bench ; f rom whence he infers, That these Places were of the an- cient Patrimony of England, and never belonged to Normandy : And this he endeavours to confirm, by observing, That the like was never done in those Provinces of France, which were possessed by our Kings ; they being left to their own Jurisdiction. But surely, this Argument does not in the least prove, That these Islands always belonged to the Crown of England. At most, it only serves to shew, that they depended upon it in the Reigns of Edward I. and of his two imme- diate successors j which is not so high as theTime of Henry I. when it is well known that they were annexed to the English Dominions. For the Custom of sending Justices thither (*) did not begin till the latter End of Edward I when Robert de Leisset was commissioned to go there, at first under the Title of Inquisitor, and afterwards of Judge itinerant ; and was again abrogated in the 5th Year ofEdivard III. But these Justices were very different from the Judges of Assize commissioned to administer Justice in England; for these latter go every Year, whereas the former were sent only once in three Years , or upon extraordinary Occasions ; in conformity to the ancient Norman Cus- tom, where the Seneschallus went his Circuit once in three Years (f). And the sending of those Justices was so far from being a thing of ancient Right, that it was all along contested and opposed ; and the Inhabitants, as Mr. Selden takes notice, were often presenting Remonstrances and Petitions against it. Again it must be observed, That the Commissions of those Justices con- tained an express Clause, yet extant upon Record, That they should judge secundum Leges % Consuetudines Insularum (J). Now these Laws and Customs were not the same with those of England, but of Normandy ; as appears by the Inspection of the Rolls of those Justices in the Tally-Office in the Ex- chequer. And this, by the by, is no insignificant Proof of their having formerly been part of Normandy, and not always, from Time immemorial, belonged to the Crown of England, according to Mr. Selderfs Assertion. Moreover the sending Justices itinerant into the said Isles, is no more an Argument of their having alwaysbeen in the Possession of the Kings of En- gland, than the sending Inquisitors into Normandy is a Proof of its having always been subject to the English Crown. And yet, that such Inquisitors were sent thither, is manifest from this passage of Robert de Monte in his Appendix to Sigebert, under the Year 1164. Rotrocus Episc. Ebroicensis ias settled in the Channel Islands, under Elizabeth in the humble situation of minister of the Isle of Sark, a wonderful distance from that of his dignified descendant, whose merit raised him to the Deanery of Lincoln. Philip Le Couteur, who was Dean of Jersey, from 1662 to 1670 had also been entertained in the Marechale's family during his exile and it is not many years ago that letters to him from that illustrious lady, written in the most affectionate style, were, still preserved as valuable memo- rials in his family. Note 12, p. xxi. Had France conquered the Islands in the time of Mr. Falle, during the Reigus of Louis XIV and XV., their lot would have been particularly severe, not only on account of the extinction of their civil liberties, but on account of the religious persecutions to which the protestants were then exposed in the dominions of those princes. One may however express doubts of any intention on the part of the conquerors to have removed the inhabitants to any other country. Their subjugation would however have been followed by the spontaneous emigration of a large portion of the population, and the remainder would have slowjy melted away under the pressure of tyranny and irremediable grievances. The same improbable intention was also attributed to Napoleon, if he could have obtained pos- session of the Islands, and was perhaps equally unfounded. It shows however the [opinion entertained, tha.t their present population would never accommodate itself to a foreign yoke. It reminds one of a line of Dr. Valpv, in his alteration of Shakespeare's King John, For Jersey never will submit to France. Note 13, p. xxii. The reader will not be sorry to have two anecdotes highly characteristic of that distinguished officer, from a MS. of Philip Le Geyt, who was his cotemporary, and for many years Lieutenant Bailly of this Island. " Eu 1665, pendant la guerre que TAngleterre cut arec la Hollande, " le Comte de St. Alban possedait le gouvernemeut de PIsle par Lettres " Patentes ; mais il ne pouvait venir 1'exercer en personne a cause de sa " charge de Chambellan. On prevoyait alors que cette guerre causerait *' une rupture avec la France, et que pour la surete de I'lsle, il serait ' besoin d'un grand soldat ; de sorte qu'on jeta les yeux sur le Major " General Morgan a qui le Roi donna sous cachet une commission de Gou- ** verneur. Aussit6t que ce Major fut arrive",, il se reudit a la Ville de " St.-Helier, et plusieurs s'appliquerent a lui pour recevoir des ordres. " Cependant il rpoudit qu'il n'avait pas encore fait voir sa commission." " In the mean time," ajouta-t-il " / am nothing." " Les antres Gouvernenrs n'ont pas ete si moderes ; ils se faisaient " mettre a terre au Chateau Elizabeth, dont ils prenaient possession d'abord. " Les commandants qu'ils y trouvaient cedaicnt proroptement la place. " Mais pour les affaires de I'Isle les nouveax Gouveroeura fte donneut " pas d'ordre avaut leur reception." NOTES. 284 " Le Gonverneur Morgan ne se pouvait acconioder de la longueur des " deliberations publiques. II avail nccoutume dc eortir dnrant la tonne " des Etats, et d'allcr se promeiier en liaut dans les chambres, en y prenant " du (abac, puis il descendait quand 1' Assemble avail conclu." (MS. de " Philippe Le Geyl. De la Cour Royale, &c. Ohapitre II.) Note 14, p. xxviii. Printing was not introduced in this Island till some years after Ihe close of the first American war in 1783, but since thai period Ihe progress of the press has been truly rapid. The want of printed documents has thrown great deal of obscurity over the history of this Island, so that il would, in some cases, be more easy to clear up difficulties in Herodotus or Livy, than to investigate any disputed fact which might have happened here under the Tudors. Add to this the wretched manner in which our Records were formerly kept, which even then do not begin till about 1520, and till these late years any access to them to persons unconnected with the Jurats of the Royal Court was a matter of high favour and of considerable difficulty. This will evidently account for several mistakes into which Mr. Falle has fallen, as will appear from the sequel of these notes. Note 15, p. xxviii. There is some account of the Islands of Guernsey, Alderney and Sark in Mr. Dumaresq's Manuscript, Chapter IX. Note 16, p. xxix. The Revd. Philip Moraut,or rather Mourant, a relative of Mr. Falle and a native of the parish of St. Saviour's, Jersey. He was the author of several works, and settled at Colchester, where he had a benefice. He died in 1766. Note 17, p. xxx. Philip Dumaresq, Seigneur of Saumarez, and one of the Jurats of the Royal Court, was the son of Henry Dumaresq, whose name often occurs in the Records of Jersey, during the troubles of the reign of Charles the T, as one of the political adversaries of the elder Sir Philip De Carteret, of St.Ouen,the then Lieutenant Governor and Bailly, and of his nephew the celebrated Sir George De Carteret, On the accession of James II, in 1685, he presented him with a manuscript account of the Channel Islands, and about their best means of defence. It is a work of much merit, and contains a great deal of local information. It is probable that Mr. Falle never saw any more of it, than the quotations with which he seems to have been supplied by the author. It remained as a State secret among the archives of Government till about the close of the last century, when it was transmitted to Admiral D'Auvergne, Duke of Bouillon, the then Naval Commander on this station. His Serene Highness with his usual liberality, allowed it to be copied, a transcripl of which is now in Ihe possession of the writer of this note. If I am not mis- taken the original is still in the Governor's Office. The publishing of it would be doing service to the public (*). (*) This manuscript will also be printed by the publisher of this work if a sufficient number of gentlemen will patronize the undertaking. 285 NOTES. That excellent man was sworn in Jurat of the Royal Court the 2nd of Fe- bruary 1681 ( Cour du Samedi, No. 65 J He died in 1690, and his daughter and heiress Deborah Dtimaresq, was the last of her family who held the estate of Saumarez. It is remarkable that four of the ablest and most patriotic men, who have ever illustrated their native country, were at the same time members of the States of Jersey ; viz : John Poingdestre, Philip Le Geyt, Philip Dumaresq, and Philip Falle. On showing Mr. Dumaresq's Chapter about the tides and currents aboot this Island to a naval friend, some years ago, he was particularly struck with its accuracy, and could scarcely be persuaded but that its author had beeu a professional man. HISTORY OF THE ISLAND.- Note 18, p. 7, The life and martyrdom of St. Helier are involved in darkness and fable. We have a legend of that Saint, published at Rennes in 1680, but it is so mixed up with fiction, that it could scarcely impose on the credulity of the most unenlightened age of catholics or pagans. (*) The hermitage was pro- bablyjoinedto the mainland at the time that St. Helier suffered martyrdom, unless we are to suppose that it had already been insulated by that great catastrophe, which happened in A. D. 709, in the Bay of St. Michael and on the neighbouring coasts, a fact which seems to be established beyond all doubt by the late work of the ingenious Abb6 Manet, intitled : " DeVetatan- cien et de I'^tat actuel de la Baie du Mont St. Michel, &c." St.-Malo, 1829. His cell is built about half way np the Hermitage rock ; a raised recess on the left, as you go in, was srooprd out, for the hermit's bed of stone. The masonry is of small stones, and bespeaks the most remote anti- quity. The leading facts of the legend may be true. St. Helier was some good and holy man, who, in an age when seclusion from the world was philan- thropy, and austerities and penance usurped the place of true religion and Tirtue, sought this road to eminence and usefulness. The courage and rare firmness of purpose, which enable one to meet a cruel death in defence of his principles, would naturally endear his memory to his countrymen, and the traditions of succeeding ages would add the mar- vellous to their admiration of what was originally no more than human, though extraordinary virtue. The Hermitage rock is on the whole, one of the most interesting pieces of antiquity in Jersey. At some former period it was intended, according to Mr- Dumaresq's Manuscript, to remove it as being likely to affect the defence of Elizabeth Castle, and in 1820 a plan was submitted to the States of Jersey to connect it with that fortress by means of a break water ; but the heavy expence it would have occasioned prevented its beiug carried into effect. Note 19, p. 9. The political existence of the Normans as a nation may be said to have expired when they were conquered by France in the early part of the Thir- teenth Century. Since that time they have not been distinguished from other (*) Those persons who are fond of ancient traditions may have this legend by applying to the Publisher of this work, who has a few copies to spare. NOTES. 280 Frenchmen. It is only in the Channel Islands tbat we arc to seek for the remnant of that heroic race, and it will be evident to the most superficial observer, that the Islanders, to this day, retain a national character, which is as far removed from the French, as it is from the English. I mean princi- pally in the country parishes, where the habits of the population seem to have continued unchanged during a long course of ages. Note 20, p. 10. Trials on this Clameur de Haro, are still brought frequently before the Royal Court of this Island. It is a remarkable feature in that law, that the prosecution is carried on by the Crown, and that the losing party, whether plaintiff or defendant is mulcted in a small fine to the King, because the sa- cred name of Haro is not to be causeles&ly invoked with impunity. It is the usual form in Jersey to oppose all alleged incroachments on landed property, and the first step to be taken by which an ejectment may be finally obtained. Note 21, p. 10. Pope in his Windsor Forest has a beautiful passage descriptive of the ty- ranny of William the Conqueror, ia which the subject of that Monarch's grave is mentioned. Whatever might have been the despotism of that Prince, the circumstance evidently proves that the institutions of Hollo, and the security they afforded to private property must have taken deep root indeed among the Normans, to have thus returned into their natural course on the death of the oppressor. Not thus the land appear'd in ages past, A dreary desert and a gloomy waste, To savage beasts and savage laws a prey, And Kings more furious and severe than they ; Who claim'd the skies, dispeopled air and floods; The lonely lords of empty wilds and woods ; Cities laid waste, they storm'd the dens and caves, (For wiser brutes were backward to be slaves.) What could be free, when lawless beasts obey'd, And e'en the elements a tyrant sway'd ? In vain kind seasons swell'd the teeming grain, Soft show'rs distill'd, and suns grew warm in vain : The swain with tears his frustrate labour yields, And famish'd dies amidst bis ripeu'd fields. What wonder then, a beast or subject slain. Were equal crimes in a despotic reign ? Both doom'd alike, for sportive tyrants bled ; But while the subject starv'd,the beast was fed. Proud Nimrod first the bloody chace began. A mighty hunter, and his prey was man : Our haughty Norman boasts that barb'rous name, And makes his trembling slaves the royal game. 287 NOTE!?. The field's are ravish'd from th'industriuus swains,- From men their cities, and from gods their fanes : The levell'd towns with weeds lie eover'd o'er ; The hollow winds thro' naked temples roar ; Hound broken columns clasping ivy twin'd ; O'er heaps of ruin stalk'd the stately hind ; Thefox obscene to gaping tombs retires, And savage howlings fill the sacred quires. Aw'd by his nobles, by his commons curst, Th'oppressor ruPd tyrannic where he durst, Stretch'd o'er the poor and church his iron rod, And scrv'd alike his vassals and his God. Whom e'en the Saxon spar'd, and bloody Dane, The wanton victims of his sport remain. Cut see, the man, who spacious regions gave A waste for beasts, himself dentfd a grave ! Stretch'd on the lawn his second hope survey, At once the chaser, and at once the prey : Lo Rufus, tugging at the deadly dart, Bleeds in the forest like a wounded hart. Note 22, p. 12. Mr. Falle is unhappy in the use of the word subjection, and inconsistent with what he says of the conquering side at page 16. The term connection would be more accurate, and with that small alteration, there is no heart throughout the Norman Isles, but most fervently responds to the loyal and patriotic wish of our pious historian. Note 23, p. 14. The same event is recorded in a quotation from an ancient MS. It bears internal marks of being authentic, though, I must be candid to say, that I am unacquainted with the name of its author. It must be observed that it attributes this expedition to Richard the II, the father of Queen Emma, and leaves the same uncertainty as to which of the Islands this fleet was driven by stress of weather, (Grenewise.} From the relative situation of the ports of Normandy with respect to the Islands, I should be inclined to think that it was Guernsey, as according to M. Manet, the neighbouring town and harbour of Granville did hot then exist. There is also a difference in the dates, as if the expedition happened under Richard II, it must have been some years sooner, Hume, in his reign of Canute, mentions this expedition as having taken place under Richard II; but he is mistaken in saying that Queen Emma was the sister of Richard I, who died in 996 after a reign of 54 years, which would have made her at least 80 years of age at the time of her marriage with Canute about 1020. The Norman conquest happened in 1067, say 45 years since that expedition- But as the united reigns of Richard III, Robert II and William occupy a space of 40 years at least before that conquest, it would follow that the NOTES. 288 expedition to restore (he Saxon prince Edward, could not have beeen under- taken more than 4 or 5 years at most before the death of Richard II. If it was to be assigned to Robert II during his eight years' reign, it would bring it down almost to the end of that of Canute, a circumstance in the highest degree improbable. We subjoin the quotation from the MS. already referred to, which agrees with Hume's account, and leaves little doubt that the authority of Gemcllus Gemmeticensis is inaccurate. The difficulty might be reconciled on the supposition that Robert then heir apparent to the Duchy had the command of the fleet in the absence of the aged Duke Richard II. " Duces Normannorum. " Rollo qui est Robertas Rofus xxx annos duxfuit. " Willielmus, Films ejus xx v annos. " Ricardus Senior LIII annos. " Ricardus Secundus xx. 42. The substance of Mr. Falle's quotation from an Order of the 22nd. ofthe reign of Edward I is that to reward Ranul phus Maret, a priest who had suffered many and severe losses during an invasion of the Island by the enemy, the King had presented him to the living of St.-Helier, which had lately become vacant. Mr. Falle is not mistaken about the zeal and loyalty of the clergy NOTES. 292 of this Island. During the attack on the Island by the French in 1779, the late Revd. Mr. Du Parcq, then Rector of St.-Oueu, was particularly active, and on the 6th, of January 1761, when the Lieutenant Governor Corbet had actually capitulated, the Rev. Francis Le Couteur, then Rector of St. Martin, was highly instrumental by his example and presence of mind to procure the retaking of a fort at La Platte Roque, Grouville, which had been occupied by a French detachment. A few hours after this, the enemy surrendered, but not before Major Pierson had fallen in the moment of victory. The Rev, Francis Le Couteur was a worthy and talented man, and died universally regretted by his countrymen in 1808. He was too disinterested to have claimed any reward, and unlike the Ranulphus Maret, of our histo- rian, he did not obtain any spontaneous recompense from the government of his country. Note 35. p. 42. It seems that those Quo Warrantos formed a principal part of the proceedings of the Justices Itinerant, who occasionally repaired to the Channel Islands from the reign of Henry III,whentherecbvery of Normandy had become hope- less, till that of Edward III. No man could be sure of his freehold, when as we have seen in Note 27, that the Abbot of Cherbourg was called upon to esta- blish his right to some property, which bad been held by his monastery under a Royal Grant for about 150 years. No prescription could avail against the unjust claims of the Crown. If however the proprietor established his right, he was still liable to be annoyed by a ruinous and vexatious appeal to the English Courts. This grievance though often resisted, was at length finally abolished by an Order of Council of June 22nd. 1565. That Order is justly considered to form one of the most valuable privileges of the inhabitants. Note 36, p. 43. A Latin document of the reign of Henry VIII describes the possessions of the Barentines as having consisted of the Manors of Rozel, Saumares, and Longueville, and of the fees of little Rozel, and Des Augres. That property was then held as follows, Rozel by Perin, at present by Ph. Rl. Lempriere, Esq, Saumares, by Dumaresq, . . . .James Hammond, Esq. Longueville, by Nicolle, Philip Burrard, Esq. Little Rozel, by Perin, Ph.Rl. Lempriere, Esq. Des Augres, * Lempriere, son of Raoul, John De Veulle, Esq. Another Drogo de Barentih -was one of the Justices Itinerant in 1308, whose name also appears the first amotig the Seigneurs who made then their feudal appearance at that Assize. Renand De Carteret, who suc- ceeded the last Drogo de Barentin, was Seigneur of St. Ouen. That Seignory was held by his predecessor Philip de Carteret by two parts of a Knight's fee, as appears from a Record in the Exchequer of the reign of Edward II. " Et debet tempore guerre se tertium equitem cum equis ad arma deservire Domino Regi, ptT spacium duarttm partiam XL diervrit, i. e. That he was bound to serve the King in time of war *Hh two ether horsemen for two thirds of 293 NOTES. the space of forty days. Drogo de Bareiitin had probably been invested with the chief command on account of his extensive possessions, and the large contingent, which he was hound to supply for the defence of the country. Note 37, p. 46. Charles, surnamed le manuals. King of Navarre, of the House of Evreux He was grand son of Louis Hutin, King of France, by his mother, and con- sequently one degree nearer to that Crown than Edward III, who was but the sister's sou of that King. The Castle of Navarre near Evreux, subse- quently given to the Duchy of Bouillon, by Louis XIV, in exchange for the Town of Sedan, derived its name from that ancient connection with the Kingdom of Navarre. The Empress Josephine died there in 1814. Note 38, p. 55. The Account of the taking of Mount-Orgueil Castle, and of the few years during which the Eastern part of the Island was held by the Count de Maulevrier, is to be found in the MS. Chronicles of Jersey, published in Guernsey, in 1832, Chapters IV & V, to which we refer our readers. There is also another account of the same event, supposed to be derived from the ancient MSS. of the Lords of St. Oueu, which is the same in substance, though it differs in a few particulars. " De Insula de Jersey per comitein " de Maulevrier capta. Anno MCCCCLXI, captum fuit castrum Insula? " de Jersey per quendam Capitaueum Regis Franciac vocal urn Flocquet, qui " illud emerat, (ut fertur,) a Guilleto de Sancto Martino, Radulpho, Guidone* " et Johanne de Sancto Martiuo, fratribus, qui tune erant in maximo favore " cum Johanne Nanfan, tune Capitaneo lusulae et castri praedicti. Et " captum fuit illud castrum ad usum Domini Petri de Brese, Coroitis de " Maulevrier, et de Brisac, qui tencndo ad expeditionem Moutis Lery, illud " commisit Dumino de Surdevalle, Johanni de Carbonel, Domino Ceruciarum " et Snrdevallis genero suo. " Nota quod Anno Domini MCCCCLXVII, 17 die Maii, Richardus *' Harleston, vallettus de Corona sub Edwardo IV obsedit Dominum Johannem " Carbonel in suo Castro Montis Superbiae, in Insula Jersey. Et in ea " obsidione in Vigilia Corporis Christi, in quodam insultu, Reginaldus " Lempriere, Dominus de Rosello interfectus fuit, Duravit obsidio XIX " hebdomadas." Thus, translated in English: "In the year 1461, the Castle of the " Island of Jersey was taken by a certain Captain of the King of France, " of the name of Flocquet, who had bought it, as it is said, from four " brothers, Guillot, Ralph, Guy, and John de St.-Martio, who were then " in the highest favour with John Nanfan the then Captain of that Island " and Castle. And that Castle was surrendered for the use of Peter de " Brese, Count of Maulevrier and Brisac, who being then employed on the " expedition of Montlhery, gave the command of it to his son in law John " de Carbonel, Seigneur of Ceruces and Surdeval. Note that in the Year 1467, the 17th day of May, Richard Harliston, " Yeoman of the Crown, under Edward IV, besieged John Carbonel, in bis " Castle of Mount-Orgneil, in the Islaud of Jersey. Reginald Lempriere* NOTES. 294 " Seigneur of Roscl, was slain in an assault during that siege on the eve of " Corpus Christi day. The siege lasted nineteen weeks." John Nanfan, Esquire, was after the death of Humphrey, duke of Glo- cester, appointed Warden and Governor of the Isles, by Henry VI, in 1453, for five years and a half, which was afterwards renewed for a term of ten years. He seems to have farmed his Office of Warden of the Isles from the Exchequer ; a custom Which continued till the government of Sir Thomas Jermyu, during the reign of Charles I. (See pp. 132 and 137.) According to the Chroniques, Chap. IV. Nanfau was surprized in his bed by Maulevrier. In the modern affair of 1781, the then Lieutenant- Governor, Major Corbet, was also surprized in his bed, when be signed a capitulation to surrender the Island. A striking coincidence, that the only two times that the Island has been in the power of the enemy in the course of six hundred years, it has been either owing to thesupincness or the treachery of its Governors, and that in both instances, the recovery of the same has been mostly owing under Providence to the courage and patriotism of the Inhabitants. Michael Lempriere, a very able man, who was Bailly of Jersey under Cromwell, thus mentions Captain Flocquet's affair in a MS. Treatise which he wrote against the celebrated William Prynne. " Their (the Islanders) large immunities and priviledges granted unto them by the Kings and Queens of England, being free and more priviledged than the English subjects themselves, will testifie their valour and fidellitie ; remayning faithfull to the Kingdome of England, notwithstanding the revolt of Nor- mandy in King John's time, whereof this was an appendice ; regayned their Castle which had beue surprized several! times by strangers, through negligence, and sometimes treachery of their English Governors ; particularly, when Captain Flocquet surprized Mount-Orgueil Castell,from the French, in King Edward the Fourth's reigne. The Islanders kept the Island eight years against the ennemy, and at the last regained the said Castell at their own coat and charge ; helped alsoe to regaine Castell Cornet at Guernsey.'''' Note 39, p. 55. Maulevrier granted the Island a Charter in 23 Articles. (Chroniques, Chap. IV, p. 12.) It is in substance the same as that of King John, with a few modifications, which show that that Nobleman wished by kind usage to induce the inhabitants to transfer their allegiance from their former Sovereign to the King of France. It is also a striking coincidence that after the reduction of the Island by the Parliamentarians in 1651, not- withstanding the excesses committed by a victorious and enraged soldiery, and the heavy losses experienced by several loyal individuals for their fidelity, Cromwell allowed the Island to remain in the undisturbed pos- session of its privileges. Maulevrier however, abridged the power of the people in the election of their magistrates (Article 13), and Cromwell did something of the kind afterwards when he nominated a new set of Jurats by an Order of Council of the 28th of February, 1655. " We have " thought it necessary (for this time only) after the late troubles and divi- 295 NOTES. { sious, which have been among us, wherein things have been much " unsettled, and for preventing any inconveniences which may ensue in " case disaffected persons should get into that trust, to recommend unto " you those gentlemen named in the Schcdull, with our earnest desire " that they be forthwith sworne Jurats of our said Isle." Conquerors and ty- rants always dread the expression of the sense of a free and loyal people ! Nicholas Moriu, whose estate in St.-Savjour's parish still goes by the name of Le Morin, and which was long held by the Dumaresq's family, was Bailly of Jersey under Maulevrier. There is a deed still remaining in the hands of Mrs. Symonds, of Trinity Manor, from which it appears that one Jame* de St. Martin purchased a quarter of wheat rent for 15 crowns, 18 sous tnurnoi.t. It is dated the 10th of September, 1465, and was executed at St. Heller, before Nicholas Morin, Bailly, and John Poingdestre, John Le Loreur, and William de la Roque, Jurats. It shews that title deeds were then drawn up in Jersey nearly in the same manner as they are at this day. It is remarkable that the first idea of a public Register of all title deeds for the sale and transfer of property in the Island, but which was not carried into effect, till 1601, is to be found in the 12th and 17th Articles of that Charter. Note 40, p. 58. Those several Charters are on the whole, but repetitions of each other, as they happened to be confirmed by each successive Sovereign at his accession, except on any particular occasion, as the above, when the clause about the retaking of Mount-Orgueil Castle was introduced in the Charter. Something of the kind is also to be found in the Charter of Charles II, where the gift of the mace is mentioned, and a compliment paid to the loyalty of the Inhabitants, who had merited such a special mark of the Royal favour. Note 41, p. 58. Sir Richard Harliston, derived his name from the town of Harliston, in Nor- folk, He was a brave man, and his conduct in the recovery of the Castle of Mount-Orgueil, as narrated by Mr. Falle and by the Jersey Chronicler, was highly meritorious. (Chap. V, VI, & VII.) The Royal Patent which appoin- ted Harliston Governor, is expressed in the most flattering terms." Sciatis quod cum Nos tertio decimo die Januarii ultimo preterite non solum ob bona vera et acceptabilia servitia, que dilectus Nobis Richardas Harlestou, unus valettorum nostrorum de Corona Nobis impenderat, et extunc iropendere non desistebat ; verumetiam qnaliter, ipse Insulam nostram de Jersey a mauibus inimicorum nostrorum Francorum, ad nostram obedientiam tune reduxerat et recuperavit, atque ipsius Richardi magna pericula, labores, impensas, et onera, intime coniiderantes, per Litteras Nostras Pateutes de gratia nostra special! ; ac ex certascicntia et mero motu uostris, concessimus prefatoRicardo officium Custodis, Gubernatoris et Capitanei Insule nostrepredicte.ac Castri nostri de Gourey, alias dictis Castri de Mont-Orgeuil in eadcm lusula, ac ipsnm Ri- chardum Custodcm, Gubcruatorura et Capitaneum eorundem Insule et Castri, constitueriuius, &c." NOTES. 296 The following is a translation Know ye, that We on the 13th. day of January last, not only on account of the good, true, and acceptable services which our beloved Richard Harleston, one of the Yeomen of the Crown, has rendered us, and still continues to render us, but also particularly considering how he brought back to our obedience and recovered our Island of Jersey from the hands of oar enemies the French, and the great dangers, labours, expenses, and burdens of the said Richard therein, have granted to him the aforesaid Richard out of our special grace, and from our certain knowledge, and our own inclination, the Office of Warden, Governor, and Captain of the afore- said Island and of oar Castle of Gourey, otherwise called Mount-Orgueil Castle, iu the same Island, and appointed him the said Richard, Warden, Governor and Captain of the same the Island and Castle, &c. That instrument is of the XIII of Edward IV, (1473), or not loug after he had obtained the quiet possession of the Crown by the decisive battle of Tewkesbury, in 1471. Four years afterwards, 1477, the XVII of the same reign, Harliston's brother, William Hareby, was associated with him in his Office of Governor. It appears from an original Grant of Sir Richard Harliston, dated Sept. 15th 1479, now in the possession of Mrs. Symonds, of Trinity Manor, that he gave corn and money rents, the former to the amount ofSqrs 7cab. 2s. and the latter to 12 groats, 13 sous, 6 deniers, to Perrotiue Famget, relict of Philip Johan, of Guernsey, for the services he had rendered during the siege for the reco very of Mount-Orgueil Castle, from the Count de Maulevrier. This fact, so honourable to the Island and to Harliston, is not mentioned by any of our historians, or rather Chroniclers. It is impossible to know whether Philip de Carteret ever obtained any reward from the Crown. His son married the only daughter and heiress of Harliston, the same Lady who was afterwards the interesting mother of twenty sons, the heroine of the Jersey Chronicler, whose history though perhaps a little embellished, has every appearance of being substantially true. The career of Harliston was exposed to great vicissitudes. We shall resume this subject and that of his virtuous daughter iuthe Note 121. p. 139. Note 42, p. 60. This alludes to a singular interruption caused by Sir Hugh Vaughan in the regular administration of Justice, by threatening the Bailly, Helier de Carteret, that he would run him through with bis sword, if he and the Jurats did not decide in his favour. The firmness of the Bailly prevailed, and the Governor lost his cause* The whole of that curious circumstance is related in the 15th Chapter of the Jersey Chronicles pp. 43 45. The reader may not be sorry to know that the Governor and the Bailly had then separate and opposite personal interests in the matter before the Court. It seems from Note 38, that four brothers of the name of Guillot, Ralph, Gay, and John de Saint-Martin had been accused of having sold Mount-Orgueil Castle to one Flocquet, an officer of Count Maulevrier in 1461, and that by an inquisition of Sept. 18, 1515, returned in Chancery, it had appeared that Thomas de St. Martin had died possessed of the Fief of 297 NOTES. Trinity, which had descended to his nephew Dronet Lempriere, the husband of Mabel de Carteret, the Bailly's sister. The Governor was interested to get the confiscation of the Fief of Trinity for the Crown, whose grantee he was, and the Bailly would naturally wish to defend the property of his brother-in-law. It is impossible to ascertain whether the four brothers de St. Martin were guilty or not of the treason imputed to them ; but there is nothing to show that Thomas de St. Martin, the last of his name, who held that estate, had inherited it from any of the four brothers, who probably were no more than the mere retainers of John Naufan, the Governor residing in Mount-Orgueil Castle. It is however a remarkable feature of the injustice and tyranny under which this Island laboured under Henry VIII, that the estate of any individual should have been in danger of confiscation for an alleged treason com- mitted by his ancestors half a century before, and which had never been prosecuted before. Note 43, p. 62. The name of Helier de la Roque often occurs in the proceedings of the Royal Court of his time. He was Lieutenant- Bailly to Helier de Carteret, and acted repeatedly as such under Edward VI. (See Act of the Court 21 August, 1548.) According to the Jersey Chronicler, the name of the priest who thus fell in the defence of his country was Sire Michel Faudin. The word Sire is always prefixed in our ancient Records to the name of an ecclesiastic, something like that of Reverend in our days. Note 44, p. 66. This must not be understood too literally. During that period of almost Seventy years, the Island had little to fear from France, but had frequent cause of alarm from the Spanish monarchy which was then in all its power,and possessed the Netherlands. On the other hand it was harassed and tyrannised under the arbitrary rule of the three Governors Paulet, who held the office from 1551 till 1597. The reign of James I was mostly spent in local dissensions, civil and ecclesiastical, between the inhabitants and the then Governor Sir John Peyton. It must however be thankfully acknowledged that the one ended in conformity to the Church of England, and the other in the confirmation and establishment of the privileges of the Island, as they have existed ever since. Note 45, p. 67. It is not generally attended to that no wars of any consequence or duration between France & England occurred from the accession of Edward IV in 1461, till after the Revolution of 1688, a space of almost 230 years. It was during one of those short hostilities, that the French retook Calais by a coup de main under Queen Mary in 1557. This Island was however kept during that period in a perpetual state of alarm , not only when England was actually at war with either France or Spain, but from the effect of those unaccountable rumours of war, for which we can find no foundation in the general history of the times. When Dr. Hcylin visited us in. 1629, and dnring the whole of the administra- NOTES. 298 junnofthe Cardinal de Richelieu, this minister had higher objects of policy in .view than the conquest of the Channel Islands. We have before us three Acts of the States of July 6, 1695, April 12, 1606 and of October 13,1614. We quote the second of those Acts as an instance of the extraordinary sensation which the prospect of war excited amongour ancestors. " Estals, 12 April, 1606. Monsieur M- George Poulet, Escuyer, Lieute-_ nant GeneVal de Messire Jean Peiton, Chevalier, Cappitaine et Gouverueur de ceste Isle de Jersey, ayant receu certaines directions dudit sieur Gouver- neur touchant la protection et sauvegarde de tout TEstat de ceste Isle de Jer- sey soubs 1'ob^issance de sa Majeste, contre les intelligences, surprinses, et invasions des Eunemys; ha desclare ouvertement les poincts el articles des- dites directions, en ladite Assembled, suyvant lesquelles, a donng advertisse- jnent, a ceuts qui ont charge par les parroesses sur les armes, qu'ils ayent a re- garder chacun sar sa contr6e, que lea armes soient pre'pare'es et fornyes en leurs qualites de toutes choses necessaires, propres et expe'dientes, pour s'en ser- vir le cas s'offrant ; Et pour cela, tenir les moustres ; Aussi qne les bolevards et beacons soient redresses et restablis sur les advenues, en leurs anciennes places ; Que le guet ordinaire soil levey et posey es lieux ou il appartieiit, pour eviter a toutes surprinses ; ce qu'ils ont promys expdier le mieux qu'il leur sera possible. Quaud pour le regard des Chasteaulx ont trouve nces- saire que ledit Sieur Lieutenant addresse Monsieur le Gouverneur de pourvoir a leurs defaillances, tant d'hommes, vivres,que munitions de guerre, comme estans les places et forteresses, les plus importantes pour la seure protection et defFense de toute ceste dite Isle." Note 46, p. 68. Our Historian has thrown a veil over that unhappy period, but the general opinion of the loyalty of the Islanders was such, that its character could not have been injured by the statement of a few unfavourable circum- stances, which when suppressed have invariably the effect of being exagge- rated and of losing their reality in fiction. There is something particularly ill judged, if not disingenuous in such a proceeding, as it is the duty of an Historian to tell the whole truth, and to leave his readers to draw their inferences from the events themselves. What was formerly observed of Poggio, a Florentine, who was remarkable for the praises of his countrymen, and the vituperations of their enemies, that he was a good patriot, but a bad historian, may be strictly applied to Mr. Falle. ]t is unpleasant to speak thus of an Author so highly respected by his countrymen, and whose veracity and honesty are in most instances unquestionable. When we shall have occasion to ditfer from him in this and the subsequent Notes, we shall refer to our authorities. The Records of the Royal Court contain a great number of valuable official documents relating to the history of those times. These Records were however then badly kept, and some of them are in a very defective state. The proceedings of some Royal Commissionners who were sen* by Charles I, to Jersey, to try some of the Parliamentarians, as well as the S 2 299 Journals of the States, from 1615 to 1660, have long been missing, and probably destroyed by the Parliamentarian party, who pi-pvr.ilcd jn 1651) aud who would not suffer documents to exist, which their political ene- mies had extorted for their oppression. There is another respectable authority, whose apparent veracity and impartiality make ample amends for his inelegance and prolixity. John Chevalier was a plain good man, but rather superstitious, who lived at that period, and was an eye witness of the scenes which he describes. He was an inhabitant, and Vingtenier or tything man of the town of St. Helier. In other respects he was a humane man, and a moderate Royalist. His Chronicle is very voluminous, and opens with the dissen- tions of Dean Bandiuel with the Lieutenant-Governor about a Royal Grant of the great tythes of St. Saviour's parish to the former. It is divided into three parts, the first of which is carried to the death of Sir Philip De (*) Carteret, in 1643 ; the second contains a Journal of Major Lydcott's govern- ment and of the sieges of the Castles, and includes a space of scarcely Three months. The last is the most voluminous, and contains a minute narrative of the administration of Sir George De Carteret, which lasted eight years, during which he governed the Island with unlimited power> and almost independent of his Sovereign, whom he sheltered twice in his distress, and rendered this place an asylum, where great numbers of English exiles resorted, whom those calamitous times had driven from their homes, while his privateers made him the terror of the neighbouring seas. It was the intention of Chevalier to have continued his Chronicle to the Evacuation of Elizabeth-Castle, by Sir George De Carteret, on the ICth of December 1651. (See his Chronicle, 1 Part, Sect. 17.) The copy which we have examined, is left unfinished in 1650, a little after the second departure of Charles II, from Jersey. It were to be wished that the original for 1651 existed, as it Would throw a great deal of light on the most interesting year of that critical period. The celebated William Prynne had been confined, for some years, as a state prisoner, in Mount-Orgueil castle, till lie was released by an Ordef of the House of Commons in 1640- During that season of calamity he contracted an intimacy with Sir Philip De Carterel,who as Lieutenant Governor resided chiefly in that fortress. Some years afterwards, when Sir George De Carteret had recovered the Island from its temporary occu- pation by Major Lydcott, and when the leading Parliamentarians had been driven into exile, Prynne wrote a pamphlet intitled : The Lyar Confounded, in which he labonred to establish that Parliament had lost Jersey through the mismanagement of those Gentlemen ; that Sir Philip De Carteret was originally well affected to the popular party, and would have secured the Island for that Assembly, had he not been forced by their violence and calumnies to declare for the King. (*) We may observe here once for all, that in all old documents, the de&adle of proper names are always iu small letters. NOTES. 300 Th P&endo Masttic, or Lyar't Whip, was written to refute Prynne, by Michael Lempriere, who, with his adherents, had been treated with much severity in his Treatise. It is uncertain whether the Pseudn Mastix ever appeared in print, but the Manuscript which we have consulted is of un- doubted antiquity, perhaps the original itself; from its agreement with the Records and with Chevalier's Chronicle, it may be generally relied upon. The style is quaint and sometimes obscure, but its vehemence and simplicity at the same time, are very strong arguments in favour of its veracity. The Manuscripts of Philip Le Geyt have also occasionally a few pas- sages which illustrate the transactions of those times. Mr. Le Geyt died at 86, in 1716. He was already grown up to manhood on the death of Charles I, and he must have known most of those circumstances, which he seems to have intentionally suppressed. It is allowed by all authorities that the greatest part of the Islanders were decidedly loyal, and that many of them suffered severely for their invincible attachment to the cause of their Sovereigns ; but it is an error to imagine that there were not many lamentable exceptions to that loyalty. The Pseudo Mastix will prove the contrary, which is further substantiated by authentic documents in the Records of the Island, to many of which we shall have occasion to refer in this Note, or rather Historical Sketch of Mr. Fade's intentional omissions. During the siege of Mouut-Orgueil Castle by Lydcott, in 1643, and not more than a fortnight before Captain Carteret occupied the Island, Cheva- lier, an impartial observer of those scenes, expresses himself thus about the political feeling of the inhabitants, in his Chronicle, II Part, Sect. 45. " Le peuple de flsle qui 6toit extremement froid en ces sortes (Faffiaires, et qui u n'etoit pas bien uny, car plus des deux parts tenaient pour le Roy, disoit " hautement, que si le Roy envoyoit d Jersey des Forces, Us ne leveroient pat les- " armes contre eux." The qnotation is so important, that we offer it in the author's own words, without even giving it a translation. This accounts for the facility with which Captain Carteret occupied the Island with an insignificant force. The Island had been much distracted by local feuds aud parties, for some years before the civil wars. Those frequent jealousies and bicke- rings had been excited by the extensive power, and the accumulation of offices in the person of the elder Sir Philip De Carteret and of his family. (See Pseudo Mastit and Chevalier. J That gentleman was Seigneur of St.-Ouen and had been educated at Oxford. He was a man of considerable abilities, aud in point of family and fortune the first personage in Jersey. His father died early, but his mother Rachel, a daughter of the well known Baillj, George Paulet, lived to a very advanced age, aud survived him. As soon as he had attained his majority in 1605, he was elected a Jurat of the Royal Court, and from that time till his death in 1643, he successfully held the chief aud the most honourable offices in his country. On the death of his friend John Herault, in 1626, he was appointed Bailly of the Island, to which he added 301 NOTES. ' ' COTKS. accordingly took place. There he exhibited his separate appointments 10 the Offices of Lieutenant Governor and Bailly, and took the oaths of Office accordingly ; hut the latter was an anomalous measure, that a soldier so disqualified for it, by habit and education, and burthened with so many military duties, should be placed in the chair of the first civil magistrate. He had however the good sense to confine himself to the emoluments of that place, and seems to have left afterwards the discharge of all his judicial functions to his Lieutenant Bailly. The new Lieutenant Governor next exacted the oath of allegiance from the several parishes, taking three or four at a time. There surrounded by a guard of English and French soldiers, he administered the oath himself. A bible was placed on a drum, and then, eight or ten men put their hands on the book together. Most of those who took this oath, were the same men who had sworn fidelity to Lydcott but two months before. Thus easily one sports with, and dispenses from the obligation of an oath, which his- tory too often shows to be binding no longer, than the power that enforced the taking of it exists. As in Lydcott's case, some evinced a reluctance to take it, some were indifferent about the matter, and others more conscien- tious, endeavoured to elude the responsibility by a voluntary absence. A report had formerly been spread to injure the King's cause, that His Majesty intended to restore the Catholic Religion in Jersey. The very next Sunday after Captain De Carteret's arrival, he had a Proclamation of his own read in every Church, stating His Majesty's determination to maintain the Protestant Religion in this Island, without any alteration as it was under the reign of the late Queen Elizabeth, or in other words, that he would revive the Presbyterian Discipline. This was followed by an Act of the States 10 days after, which repeated the same sentiments. (Chevalier, Part 111, S. 4 $ 9. Slates, December 12, 1643J Thus while the unfortunate Charles was eugaged in a civil war, partly in defence of episcopacy in England, some of his adherents were suppressing it, probably without his orders in this Island, perhaps because it was here a popular measure, or rather, because it was to be a prelude of the vengeance which was so soon to fall upon David Bandiuel, the Dean, and of the abolition of his office, part of whose revenue would nominally go to the Crown, but in point of fact would benefit the Lieutenant-Governor. Captain De Carteret, not only wow, but throughout the whole of his ad- ministration, was particularly careful to call the States on every occasion to make them sanction his views. As an historical document, the loss of that Book of the States is to be regretted, though in other respects it is well that this memorial of their subserviency and pusillanimity has not descended to posterity. "As soon" says the honest Chronicler, "as he wished any thing to be done, he would summon the States, and lay it before them, that no one might find fault, when he had the sanction of the States, who he knew would not venture to refuse any of his demands. He did so that his mea- sures might have more weight with the people, and to keep it more easily in subjection, as will appear from this Chronicle j " for no one ever opposed NOTES. 332 My of his demands of whatever nature they might be." Thus degraded and enslaved were the States of Jersey at thia much vaunted periud of iu loyalty, a humble counterpart of the Senate of Imperial Rome, under its worst tyrants, or of the national Convention of revolutionary France ! (Ibid, 8.11.) As it is not our intention to give a detailed account of this period, we might close here our narrative, with Captain De Carteret's enjoyment of the undisputed Government of the Island. From that date Mr. Falle's histo- ry, though very concise, may be safely trusted. One of the most interesting parts of the history of Jersey would be that, of those civil wars from 1640 to 1660 ; but from the distance of time that has elapsed since, and from the scarcity,or rather confusion of materials it would be a work of much difficulty. Captain De Carteret had not lost sight of his political adversaries, against whom his vindictive disposition was now to exhibit itself, in all its severity, and as it fell on those individuals, who had so lately cruelly persecuted the late Sir Philip De Carteret, it will be interesting to give some particu- lars about thmi. Of the five Parliamentarian Commissioners, one of them, Francis De Carteret, as it has been observed before, had refused to act, and wa* therefore left unmolested. Lempriere, Dumaresq, and Herault, escaped with Major Lydcott, and repaired to London, where they wrote the Pseudo Muslix against Prynne, till after an exile and confiscation of eight years, they returned to their country subsequently to its conquest iu 1651 . Mr. Bisson having remained at home, was apprehended on a charge of having raised and fomented an odious rebellion, and committed to Elizabeth Castle. There he remained a state prisoner for 18 months, and at last com- pounded for his life and estate with Sir George De Carteret's Royal Commis- sioners, by paying a heavy and arbitrary fine,and submitting to degrading hu- miliations, which to a liberal mind must have rendered his misfortunes more intolerable than those of his exiled colleagues. (Chevalier, Part 111,5- 80. ) He and some others after having pleaded guilty to a charge of high trea- son, and implored on their knees the Commissioners for the Royal mercy, were mulcted with exorbitant fines, each according to bis means, and be- fore being set at liberty, were obliged to take the sacrament in St. Helier's Church: A Bible was laid on the Communion table,on which they placed their hands, and then while in the act of receiving the consecrated elements, they had the oath of allegiance administered. It is impossible not to be astonished at the impiety and the malignity, which could thus profane the mysteries of our holy religion to political purposes, and that ignorance of the human heart, which did not perceive, that persecution so far from ma- king converts to any cause, only renders men the more tenacious of the principles which they had previously embraced. The Royal warrant for the apprehension of the leaders of the parliamentary faction was dated the 19th of October, 1643, or some weeks before Captain De Carteret had possession of the Island. (See Cour du Santedi, 1643.) Another Royal Order was produced to dismiss the four Parliamentary Commissioners from their scats on the Bench. (Cour f Heritage, 25 Avn/> 333 NOTK&. 1644, and Chevalier, Part III, S. 7.) Moat of the individuals implicated h*d fled, but the property they had left behind them, could not fail to tempt the rapacity of the oppressors, and accordingly, at the Bailly's demand, (Captain De Carteret), the Royal Court ordered the whole to be placed under seques- tration. No one, however mean, who had taken any part in the troubles es- caped prosecution. Bandinel and his son James were not so fortunate as to escape from the Island, but it is uncertain whether it was beanse they sup- posed that their professional character would protect them in this season of danger, or because that they bad the imprudence to remain until their retreat had become impracticable. They were apprehended on the 5th of December, 1643, and committed to Eli- zabeth Castle, from whence they were afterwards removed to that of Mount Orgueil. Their hostility had formerly been very fatal to Sir Philip De Car- teret, and now by a common vicissitude in human affairs, they were in the power of their enemies. Bandinel, like most men of unsteady principles, when he found (a little be- fore Captain De Carteret's arrival,) that Lydcott would not be able to main, tain himself, made overtures to the Lady De Carteret for a reconciliation but they were eluded, or rather rejected. Lydcott was informed of thU, and wished to apprehend Bandinel, who however took precautions to defeat his intentions. This unfortunate man was the dupe of his own duplicity, and whichever party prevailed, he was sure to be one of its first victims* D'A- signy made also offers of submission to Lady De Carteret, but her late hus- band had been too deeply injured to admit of any compromise, and therefore the application was unsuccessful. It is remarkable that the Pseudo Mastix makes no mention of either of the Baudinels or of D'Assigny ; and perhaps its authors might have been ashamed of such unworthy champions, whose violence had been greatly injurious to their cause. Prynne and Chevalier agree in saying that the latter had formerly been a Monk, and that having come to Jersey after embracing protestantism, he was patronised by Sir Philip De Carteret, whom he afterwards treated with the blackest ingratitude. (Pseudo Mastix, Page 73, and Chevalier, S. 45.) Here we may take leave of D'Assigny, and observe that he returned after the conquest in 1651, and was presented to the living of St. Martin, which he held till the Restoration. As he was an intruder, the Governor, the Earl of St. Alban's, as patron, wrote a letter to the Court to dismiss him, and at the same time, by a stretch of power, ordered him not to exercise his ministry in the island. Nothing is known of what afterwards became of that violent and wretched individual. The Bandinels were, afterwards, according to the Records removed to Mount Orgueil Castle, for their more secure custody, but in point of fact, to render their confinement more solitary and irksome. For some time their families had free access to them, but this also was afterwards prevented, on the pretence that by this means, the prisoners conveyed intelligence about what was going on in the Castle. Chevalier Part III, S. 24. Their benefices, as well as that of D'Assigny had already been ordered lo NOTES, 334 be sequestrated by the Court of Heritage into the bauds of the Sheriff". (25th April 1644.") All the individuals who had ofTended > aud who could be taken were imprison- ed, and some who had at first been forgotten, were apprehended a few month* after, among whom was Maximilian Messervy, a gentleman of family and fortune, and nearly allied by marriage to the De Carteryal Commissioners came over to inquire into charges of high treason, Bandinel would have expiated on a scaffold the wrongs which he had inflicted on bis deceased uncle. He had no immediate successor in the Deanery, which remained vacant till after the restoration, though the Royalists were ostensibly 6ghting for episcopacy, and an appointment could have easily been made, as this Island was not occupied by their enemies. There was a strange similarity in another particular. Grief had cut *ihort the Lady De Carteret's thread of life within a few months of her husband's death, acd as to the Dean's widow, she found in less than a year a relief in the grave from all her sorrows. Her son requested permission to visit her in her last sickness, but the same cruelty which had formerly been exercised towards Sir Philip De Carteret's relatives, was now retorted npon him, and he was refused. (Chevalier, Part III , 5. 141 and 154. ) But even then the resentments of Captain, now Sir George De Carteret, who had lately been created a Baronet by his grateful Sovereign, was not yet satisfied. When his Royal Commissioners arrived, James Banuinel was summoned before them to take his trial for high treason. After having appeared once, the unfortunate man received an intimation, that his trial was to be but a mockery of justice, that his condemnation would immediate- ly follow, and that that very day would witness his execution. Chevalier says that every preparation had been made at the gallows, a few days before, for the destruction of this political victim. As soon as these reports reached him, despair entered into his inmost sonl, for he had been too deeply implicated with the disaffected party to have the most distant chance of a pardon ; he. was seized with a delirious fever, and his life was in immi- nent danger. Never was the maxim of the Roman Poet more applicable than to this case, when despair afforded the only chance of safety. The Commissioners after having beard the report of the Sheriff and of two me- dical men, who had bsen sent to visit him, put off the trial, because it seem- ed impracticable to proceed while he was in that state. No law, however arbitrary, would punish one who had lost his intellects, and tyranny itself would be disappointed of its principal gratification, when its victim would be unconscious of the sufferings he would be made to undergo. This hap- pened on the 26th of July 164b, after which the prisoner's enemies seemed to have forgotten him in his dungeon, fill the 18lh of March following, when death relieved him from all his troubles. His mother had preceded JTOTES. 338 him to the grave scarcely a month before, and his remains were deposited in St. Martin's Churchyard near those of his deceased parents. He survived his fall from the Castle walls only fourteen months, from the dreadful con- tusions from which he never perfectly recovered, and which in all probability shortened his existence. A natural death rescued the two Bandiuels from the implacable animosity of Sir George De Carteret, and here justice might have been satisfied. On the 15th of May following the Royal Commissioners confiscated the slender patrimony of these two offenders, a punishment which could not reach them in the tomb, but which might gratify rapacity by the beggary of their inno- cent descendants. The whole race was also declared to have incurred a corruption of blood, and to be for ever incapable of holding any place of honour or profit in any part of his Majesty's dominions. Et les Commis- saires konnirent leur race, is (he emphatieal expression of the honest Chronicler. (Part III, S. 206.^ Here persecution was staid, because it was im- possible to sink that unhappy family into a lower state of infamy and degra- dation. But in the course of the vicissitudes of human affairs, it rose again from its humiliation after the expulsion of Sir George De Carteret, aud iii a few years resumed its former rank in society. It is well known that by the Charter of King John, the cognizance of high treason is specially reserved to the Crown. Sir George De Carteret wished to have his adversaries considered as having been guilty of that offence, and that the wrongs done to himself and his family, should by a strange perversion of terms, be considered as disloyalty to the King. But there was no tribunal competent to try and convict them in Jersey. It became then unavoidably necessary to have Royal Commissioners sent here for that object, who were to be moulded to his own purposes, and to be men of his own choice. Nearly five centuries of undeviating loyalty were now to be obliterated by a Commission to try charges of high treason, and the spoils of one party were about to be. appropriated by a victorious faction to increase the influence, and the wealth of their leaders. These Commis- sioners, Poley, Vaughan, and Janson, arrived on the 10th of April 1645, and their Commission was presented at the Court of Heritage on the 24th of the same month. (Chevalier, Part III,S. 56-J The States also met on that day, but with their Journals the Royal Commission of those Commissioners, and the proceedings of that sitting have been lost. Vaughan was the only one who understood French, their Clerk was one Ferret, a Frenchman, and a Catho- lic. Every thing that was done by those Commissioners was not only finally annulled, but every vestige of their proceedings has vanished from the Records. Mr. Le Geyt, when he mentions the different Royal Commis- sioners, is entirely silent about these, as if at subsequent periods all men had been ashamed of those vile tools of arbitrary power, and by a mutual consent, had consigned their names and their demerits to oblivion. The last time they are mentioned in the Records, is in an Order of Council of April 27th. 1669, (Samedi, No. 58, October 7th, 1669 J which finally confirmed the restitution of all the Jersey property, which had been A 2 339 NOTES. confiscated in 1645 and 1646, declaring thai what had been done by thos Commissioners, or any of them, should be of no validity iu law. This Order was issued, when Sir George De Carteret was himself in disgrace after tho fall of Lord Clarendon. The Chronicler says " that these were the persons whom Sir George De Carteret employed to procure the condemnation of his enemies, and that he had done by their means during the civil war, what ought to have been reserved for more peaceful times. That it appears as if he had been actuated by his own personal feelings to be revenged OH the absent who had fled, for which the innocent had to suffer long after- wards, and that he was himself finally deprived of those confiscations by the power of those very men, whom he had doomed to death, as would be evident about the end of his history." Poley, was the only Commissioner who was a Protestant. That circumstance alone was calculated to produce the worst effects in an age, when the passions of mankind were particu- larly alive at the recollection of the recent Irish massacres, and the yet unmitigated persecutions of the Church of Rome, (Part 111, S. bb.} The late Parliamentarian Commissioners, Dumaresq, Lempriere, and He- rault, were condemned as contumacious, to be hanged in effigy, and their property confiscated. They were to be executed, when, and wherever they might be taken. Nearly fifty other individuals who had fled, several of whom belonged to the humbler classes of society, were indiscriminately involved in the same condemnation. Many who had been implicated iu the distnrbauces, and had not been able to escape, were apprehended, and after suffering long imprisonments could not obtain their release but yn the payment of illegal and arbitrary fines. At the very time that these prosecutions for high treason were still carrying on in Jersey against Michael Lempriere and his adherents, they obtained an Order of Parliament (September 16,1645,) to reverse Sir George De Cartcret'a violent proceedings against them. Years elapsed before this Order could be efficient, but the Royal Party having been finally overpow- ered, it was registered in 1656. (Court of Catel, Dec. 4.J It is remarkable that these Commissioners were not so liberal of the punishment of death, except in cases of contumacy. Had they done the same with regard to those who were in their power, their iniquity would probably have been arrested by an unsparing retaliation against the Royalists in another quarter. Only one person perished in the course of their judicial proceedings; for an op- portune death, as we have seen before, had rescued the Bandiuels from public ignominy, and spared Sir George De Carteret the stain of that un- necessary cruelty. Maximilian Messervy, a young gentleman of good family and fair inheritance, who had formerly been accused of coining, and pardoned, (See Cour du Samedi, 26 Sept ember, 1 642, Pseudo Mastix, p. 80, and Chevalier, Part III, S. 73J through the interest of Sir Philip De Carteret, was now charged with high treason. The Commissioners after examining a few witnesses, and without a jury, condemned him to death, and bad him executed that very day. He requested to be buried at St. Saviour, the Rector of which parish, Mr. Poingdestre, a Royalist, aud Mr. Falle's predecessor in that NOTES. 340 ffving, had the corpse removed to his own house, and deposited the next day in the Church yard. There is however no entry of it in the Pa- rish Register, and the Archives of the Island are likewise unsullied by any record of that judicial atrocity. Every memorial of it would have perished, had not the circumstance been incidentally mentioned in an Order of Council issued soon after the Restoration, on the petition of his orphan -children about the restitution of some confiscated property. The reason that so little remains concerning those Royal Commissioners of 1645, is that their proceedings \verc probably entered in a separate book, as had been done by the Royal-Commissioners Gardiner and Hussey in 1607. Such an offensive document -would naturally have been destroyed by the Cromwellians in 1651, unless the Royalists had already taken that step to avoid exciting the exasperation of their conquerors. The loss of the second Book of the States may he supposed to have occurred in the same manner. Sir George De Carteret had formerly raised a forced loan on the inhabi- tants, and he now availed himself of circumstances for its extinction. He offered them confiscated lands and rents ; but those who declined to accept of that payment were told, that they must wait till some future period, when, the King's affairs would-be in a better state, which was in other words, that they would recerve nothing. We are now come to that point when Mr. Failed narrative may be resu- med. Those seeds of disunion, an account of which he has totally sup T pressed, do not extend beyond 1645. From that time the Island was per- fectly loyal and tranquil, and perhaps all the fugitives wonld have been glad to have returned as peaceable subjects to their homes, had they not been prevented by the inexorable severity of the Lieutenant Governor. On the 5th of March, 1645, the Stales published a kind of State paper or Manifest, explaining the reasons of their adherence to the King. It alludes indirectly to what it calls the misrepresentations of the other party, and on the whole, it is a masterly performance. Its author is unknown, and its length precludes us from inserting!! in this publication. (Chevalier, Part }\l,S. 152.) A great part of the remainder of Sir George De Carteret's administratiou consists of an account of his privateering enterprises. Under every reverse in the fortuues of his Sovereign, he persevered in this course, till at last it excited the clamours and the indignation of the English merchants to such a degree, that it occasioned the invasion under Blake, attended with the pillage and the conquest of the country. He was the first to show its importance to England,* and the ruinous con- sequences which would result, if it was in the possession of an enemy. His predatory annoyance which he carried from thence was fatal to the interests of trade, and rendered Jersey not much better than a haunt of Buccaneers, or as the Pseudo Mastix, and Chevalier express it, a second Dunkirk. (*) (Page 63 (*) " Guernsey is full in the road, about three houre's sayle from Jersey ; " the Castell there not being able to be reduced, till Jersey be reduced, that "Castell being continually releeved from thence." " If the King had gained " Guernsey also, he would have had a second Dunkirk there, and hindered 341 NOTES. of the former and Part III, S.G9 of the latter.) It wasa striking spectacle to sec this small island during eight years, unaided by its Sovereigns, brave the whole power of the British Islands, and maintain a kind of Barbary independ- ence in the very centre of Europe, principally by the resources of prizes. The man who could conceiveand execute such apian was worthy of admiration, while his rapacity, his avarice, his despotism, and his cruelty have escaped general reprobation, by having been officiously withheld from the press, and the knowledge of posterity. After the Restoration Sir George De Carte- ret resigned the office of Bailly to his cousin Sir Philip De Carteret of St. Oueo. He never after made any permanent residence in Jersey. His son fell in the same engagement against the Dutch, in which the Earl of Sandwich was killed. As to himself he died at an advanced age in England, in 1681, and a few months after his death, his grandson was created Lord Carteret. That nobleman was the first individual of a family of the true old Norman ex- traction, who had been raised to the peerage for many ages, aud in 1695, he obtained a permission from the King to dispose of all his property in Jersey The male posterity of Sir George De Carteret after having run a distinguished career among the English aristocracy became extinct in the person of Robert, Earl Granville in 1776. That of Sir Philip De Carteret had already expired in 1716 in his great grandson Sir Charles De Carteret of St. Ouen, whose mo- nument is to be seen in Westminster Abbey. As to the office of Bailly it continued as a sinecure, or rather an honourable heir loom in the family of the De Carterets, till the death of the late Lord of that name in 1826, when Sir Thomas Le Breton who had long acted as his Lieutenant was appointed to that highly responsible situation. It has been shown from the foregoing narrative, that there was a violent struggle between Sir Philip De Carteret, Michael Lempriere,and Sir George De Carteret, for the administration of Jersey during those civil wars. It is difficult to ascertain in the success of which of the three, the country would have been most benefitted. Sir George De Carteret's career was splendid, vigorous, and patriotic ; but his administration drew the Island to act a prominent part in the great theatre of events, for which it was un- fitted, and he left it afterwards at the mercy of its enraged conquerors, after having secured his own retreat by an advantageous capitulation. As to Lempriere, his power was not only an usurpation, but his prematurely declaring for the Parliament, while the larger part of the population were opposed to him, and he was without any troops to ensure his success, was extreme rashness, in which he could have only consulted his ambition or his animosities, all which was productive of incalculable misfortunes to his adherents. His ambition and party feeling threw him into the hands of Parliament, and the evils which resulted from that disastrous measure, 'all, or most of the trafficked "If the Parliament rightly knew the full ' consequence of those Islands, they would esteeme them more, and speedily ' secure them from the enemy. The King giving order to the Queen to take ' care of those islands, intimates, that they be worth the taking care of, and 'looking after them; and the King ingagiugof them (mortgaging) to the ' French, as it is iu some letters meutioaed- (Pscudo Mastix,page 63). NOTES. 342 ought (o be a lesson to any people never to have recourse to an external interference. It remains only to consider, if Sir Philip De Car- teret had survived and recovered his power, it would have been for the advantage of all parties. The moderation and the general mildness of his character afford strong 1 presumptions in the affirmative, at the same time, that his loyalty would have been a decided as that of his, nephew. He would have held the Island for the King, but it would have beeu without any of those violent measures, which reuder the bad feelings of civil dis- cord irreconcilable. His administration might not have been brilliant, his predatory warfare by sea would not have carried dismay into the mercan- tile interest of that age, he would not with unwearied efforts have pre- vented Blake during three days from landing, nor would he have chival- rously defended one of the last fortresses of his exiled sovereign ; but he would have rendered the people peaceable and happy, and when the day of inevitable submission would have arrived, it would have beeu attended with scarcely any of the evils of war. The death of that gentleman, at that particular time, was one of the greatest misfortunes which could have befallen the country. If it had been possible to have then observed a strict neutrality, it would have, after all, been the most advantageous course. It would have been the best policy for Jersey to have abstained from all hostilities during those lamentable commotions, aud not exposed itself to be crushed during the mighty struggle of the contending parties. The true interest of Jersey in all those critical emergencies, is to attend chiefly to the preservation of its Trade, its Charters, and its Privileges, and by its neutrality, to find no difficulty iu conciliating afterwards which ever side may eventually happen to be the conqueror. Our ancestors acted on these principles at the Revolution of 1688, when they secured their constitutional rights in the first place, and quietly submit- ted to the Government of William III. The devastation of Jersey in 165I,and nearly forty years of reflection had cooled a blind and imprudent zeal for one of those very Stuarts, James II, who had formerly resided among them, and for whose family they had so devotedly fought and bled. It is a consoling reflection, that only one individual perished in Jerseyfora political offence during those dissensions, of which, after a very short time, scarcely any vestige remained among the islanders. There seemed to have been a mutual desire after the Restoration to bury the very remembrance of them in oblivion. It is indeed true that Cromwell's Bailly a.id all the mem- bers of his Court of Justice then disappeared, and never again returned to power ; but it is equally the fact, that the principal families were again con- nected by intermarriages among themselves, and that their immediate des cendants were indifferently elected and admitted into all the insular offices of honour and respectability. The motives for this mutual oblivion were ob- vious. Those who had beeu implicated in the insurrection, were naturally anxious that this stain on their names should not descend to posterity, aud those whose avarice and severity had aggravated evils, which might have 343 NOTES'. been mitigated by conciliation, wished that ibeir dishonour should be erased*' from the recollection of their countrymem Nor is it the least remarkable circumstance, in the strange vicissitude of human affairs, that Sir Philip De Carteret is now represented in the female line by four co-hei reuses, three of whom were married iu the families of Bandinel, Lempriere,andMesservy; but their portion of the inheritance has been alienated by sale to strangers. The St. Ouen estates on the death of Sir Charles De Carleretin 1716 re* verted to John, Lord Carteret, a descendant of Sir George De Carteret: That nobleman sent an ageut to Jersey to sell sunie of the estates to pay the debts of the late Sir Charles. In this manner the Island of Serk and other property were then alienated, with the proceeds of which Payne, the ageut, withdrew to Holland, and was uever more heard of. This was the 6srt blow to the diminution of the St. Ouen possessions, the remnant of which was shared in the female line, in 1776, on the death of Robert, Earl of Granville, as we have already observed. A small part of the ample possessions of Sir Philip De Carteret, with the baronial mansion, yet remains in the hands of the descendant of the eldest of those co-heiresses. A feeling of veneration has however survived for St. Ouen's Manor, to which so many of the chivalrous recollections of Jersey, and of its ancient inhabitants are attached ; nor is it without some regret, that we take leave of its departed inhabitants, who were during so many ages, the favoured of their Sovereigns, and the leaders of their brave and loyal countrymen in the defence of their country. We close this historical sketch with the enlogium of Sir Philip De Carte- ret, as it has been extracted from the Records of the Island. CCour du Samedi du 24 Noventbre, 1668.; Sur Faction do Procureur du Roi et de Dame Anne Dumaresq, veuve de Messire Philippe De Carteret, Cheva<- lier,seignenr deSt.-Ouen, Sere et Rozel, tutrice deses enfans,adjointe, vers DemoUclIe Jeanne Pelin, veuve de M. Henry de la Marche, tant en sonnora que tutrice, pour venir aparoistre en justice de poursuites et diligences va- lables,et reqnises pour la vuidauce des procedures ci-devant intentees contre ledit Sienr De Carteret, depuis 1'an mille six cent cinquante quatre, ou bieo renoncer a tout avautage et consequences quelconques qu'elle pourroit pr teudre a cause desdites procedures, et pour les calomnies et accusations de crimes atroces et supposes, qu'elles contiennent, contre 1'honneur et bonne reputation du feu pere dudit Sieur De Carteret, defunt, subir telle punition, amende t et reparation,quejustice trouvera propre,et rccompenserladrte Dame Dumaresq, tutrice, de divers frais, dommages, cousts et vexations, encou- rues et souffertes a cause, de ce que dessus, suivant les premisses de la Cour de Catel. Veu que ladite Perin a presentement declare 1 en Cour qn'ellc d6savoue toutcs les proce'deures faites par son dit feu mari vers ledit Mes- sire Philippe De Carteret, Chevalier, en matiere de crime, et mesme qu'elle en est marie : 11 est ordonne qu'il y aura Acte inse> aux Roles contenant nne ample et deue reparation a la memoire dudit feu p*ere dndit Sieur De Carteret, et dcmeurcnt aneaulies partant tous Actes et Procedeures qui tuuchcnt son houneur et bonne reputation. Et au regard de la cause d'h6- 344 "rhage de laditc Pcriii ver^ladile Dame, tulricc, orJonnd parcillctnont qu*!u plustost, il sera procdde A 1'cxamen et jugement d'ycelle, veu qu'i cause de eon importance, elle n'a peu dire vuiddea mesme temps. Chacun sait quelle est la reputation de feu Messire Philippe De Carteret, le pere, Chevalier en son vivant, Seigneur de Saint Ouen, &c. II poBsdda les premieres places et au Gouvernement et en ('administration de la JMS- tice, et s'en acquitta toujours avec taut d'honneur et d'integritd qu'il ne se rendit pas moins considerable par son propre merite, qu'il I'dtait par 1'im- portance de ses charges. Sa vie fut presque toute emiere une continuelle fonction publiqne, car mesme des avant qu'il fust majeur, il se vit digne- ment appele par la voyp. des suffrages, pour prcndre en ce lieu le rang de ses ancestres. II fut done aime du Prince et du Peuple ; et 1'on peut dire enfin, que sa raort fist le comble de sa gloire, puisque ce fut en la defense des Chateaux et forteresses du pai's, ou il donna jusqifau dernier soupir d'assurdes pre.uves de sa valeur, et de son zele pour la gloire de Dieu, pour le service du Roy et pour le biea de sa patrie. Mais le seul titre de la masse, que sa Majestd a depnis peu denude a Messieurs les Baillis de Tile, pourroit faire}connoitre quel a ete cet illustre ddfunt, et combien de respect on doit avoir pour sa memoire. II semble superflu de coucher sur ce papier, ce qu'on peut voir gravd si magnifiquement sur cette masse en lettrcs d'or. Peut-il estre encore besoin de louer un homme a qui le Roy a ddjd fait uu monument et un eloge ? Neanmoins parce qu'un etranger nomme Me. Henry de la Marche, pre- nant avantage du temps de 1'usurpation, se seroit ingfird dans quelque piece du proces qu'il fist alors, pour un interest pretendu du chef de sa fern me au manoir, fief, et seigneurie de Rozel et dependances, d'avancer centre ledit Sieur Chevalier De Carteret long-temps apres son doers, dos aspersions ou- trageuses, quoique destitutes de toute apparence de verite soutenable, et desavouees aujourdhui publiquement par la veuve du memo de la Marche, qui les avoit jettdes : La Cour par deliberation unanime, sur ['instance de Noble Dame, Anne Dumaresq, Veuve de Messire Philippe De Carteret, Ch- ralier,et Gentilhomme de la chambre privee de Sa Majeste, fils aind,et dignc successeur dudit Seigneur de St. -Ouen, deffunt, tutrice de sea enfans, et pour la satisfaction tres-justement due il toute sou houorable famillo, en a fait faire et registrer cette relation, par laquelle toutes les susdites asper- sions puissent demeurer tellement refutees, et ddtruites, que si jamais il en reste quelque souvenir, ce ne soit seulement que pour marquer a la postd- ritd rinsoleuce etla malice do leurs auteurs. Note 47, p. 69. It is with pleasure, that we quote Dr. Shebbeare, in support of Mr. Falle's opinion. " Their situations, (these Islands), respecting France and Great Britain, render them the peculiar objects of British vigilauce. For, al- though their advantage to this State may not be so apparently manifest, while they remain annexed to the crown ; yet the fatal effects, which must follow a separation, would speedily pronounce the error of thinking them of little estimation. 345 NOTES. " The Channel is immediately open to inspection ; and all the commerce which passes between those Isles and England, are the ready prey of the privateers and ships of war. And in the hands of France, would be of ten times the value to that kingdom, that Mahon and Gibraltar are to that of Great Britain. How far a port, so favourably situated, may be advanta- geous to this kingdom, I leave to the decision of those, who are more in. telligent in those affairs than I am : but it requires no great discernment, to discover, that Jersey, in the hands of France, would prove an acquisition of more importance than the Isle of Corsica." (History of Jersey, Vol. I Chap, xiii.) Note 48, p. 71. The first visit of Charles II, when Prince of Wales, to this Island, was not attended with any thing very remarkable, except the extraordinary circumstance of a fugitive Prince finding a welcome reception among a few loyal subjects, who were uncontaminated by the general defection, and un- awed by the fear of incurring the vengeance of the conquerors. After hav- ing retreated from place to place in the West of England, he sailed at length from the Scilly Islands to Jersey. It is not many years ago that there was a collection of Charles' official letters written at that period to Sir George De Carteret, in the possession of the De Carterets of Vjnchelez de Haut. What has since become of those papers, I know not. When shown to me once by the late Thomas Auley, Esq., one of the Jurats of the Royal Court, they did not seem to contain any thing remarkable, except that they were signed by Sir Richard Fanshawe, who was then the Prince's Secretary. Sir Ralph Hopton, who had commanded in the West, Sir Edward Hyde, and several other distinguished characters attended him to Jersey. Chevalier in his Chronicle contains a long and interesting account of the two visits of that monarch. Note 49, p. 71. Mr. Falle in the honesty of his heart doubts how Charles II could after- wards trust the Court of France. He seems to have wilfully shut his eyes to the character of that profligate monarch, who after his Restoration could so far forget his imperial dignity as to accept of a pension from France. Our ancestors adhered to Charles in his distress, and after his Restoration they often experienced his favour aad protection. Hence even to this day, his memory is perhaps held nowhere in such estimation as in this Island. This brings me to the charge made by Whitlock, at page 84, That there had been an intention of selling the Channel Islands to France. I must own that Whitlock had strong reasons to entertain such au apprehension, which seems to have been justified by the subsequent conduct of Charles when on the throne. When Charles' cause had become hopeless, there was a great temptation to have disposed of these Islands for his own individual advantage. If that was not done, one must seek for some stronger obstacle than the King's reluctance, to whom indeed it was next to impossible to have made such a bargain. Jeune's History of Jersey, p. 126, contains an NOTES. 34(i Act of Association signed by Lord Cape), Sir Edward Hyde (Lard Claren. don,) Sir Ralph Hopton, and Sir George De Carteret to oppose the aliena- tion of these Islands to France, in consequence of the reported intrigues of their Governor, Lord Jcrmyu. That paper ia too long to be inserted here, the original of which is in the second volume of Lord Clarendon's state papers, p. 279. The blame is therein thrown on Lord Jermyn, though it is evident, that he was merely the passive instrument of the Queen, and per- haps of Charles, then Prince of Wales. Lord Clarendon was too honourable a man, as well as Sir Ralph Hopton, a brave officer, who had sought refuge here, after having fought the king's battles in the West of England, and Lord Capel whom his loyalty brought afterwards to the scaffold, not to have opposed such a nefarious scheme. As to Sir George De Carteret, he had then the entire military command of the Island, and neither his attachment to his native spot, nor his interest, or his family associations and national re- collections would have ever suffered him to give up the Islands to France. We are not like Mr. Falle implicit admirers of Sir George. Ambitions, selfish, and vindictive, he availed himself of the misfortunes of thu times to aggrandise himself, but he was a man of great civil and military talents, and of unquestionable loyalty and patriotism. Lord Jermyn and the Court of Frauce had therefore every reason to expect, that such a man, if compelled to make the alternative, would rather come to some composition with the Parliament than betray the Island. Another obstacle would have been the opposition of the inhabitants found- ed on their attachment to England, and to the Protestant religion, as 'well as to their ancestral contempt and aversion to a French domination. An attempt to sell them to France, would not only have probably failed, but it would have cooled their loyalty, and reconciled them to the Parliament, so that the Island would have been entirely lost to the unfortunate Charles. Neither Sir George nor they had forgotten, that not two centuries before, during the civil wars of York and Lancaster, Margaret of Aujou, under nearly similar circumstances, had sold the Island to Count Maulevrier. They had therefore a just cause of alarm. It would not therefore have been so easy for Charles to have disposed of these Islands, as Mr. Falle would insinuate. It must also be recollected that France could not have accepted of such a bargain without a war with England^ which it is improbable that Cardinal Mazarine would have undertaken at that time. Lord Jermyn had his Patent of Governor of Jersey with the reversion to his nephew Thomas Jermyn renewed on the accession of Charles II. That Patent was however cancelled soon after, and Lord Jermyu and Sir George De Carteret were appointed joint Governors 3 but as the latter resided in the island, and bad all the power in his own hands, the former became a 'mere cipher, holding at most a lucrative sinecure. These explanations, though rather long for a note, were necessary. Our ancestors, no doubt, took the most loyal, honourable, and constitutional side, and covered themselves with glory ;but it cannot be admitted, that it would y 2 347 NOTES. have been iu the power of their needy and fugitive Sovereign, to transferred them like a petty German principality, to the allegiance of a foreign power. Note 50, p. 71. During those unhappy times several of the English nobility and other distinguished persons found a temporary asylum in this Island. Among these we find the names of Lord Capel, Sir Richard Fanshawe, afterwards the translator of the Lusiad of Camoens, and the poet Cowley. The names of those exiles have been preserved in Chevalier's Chronicle. (Part III,S. 181. ) This may be the proper place to mention that the celebrated Prynne, after having severely suffered for his democratical principles in England had been confined for some years in Mount Orgueil Castle, from whence he was released in TU40 by an order from the Parliament. It is painful to dwell on the tyranny of former ages, and to reflect how the abuse of power eventually recoils with a tenfold weight on the heads of the oppressors. Some of the very men who had been instrumental to the excessive punish- ment of Pryune, were glad within a few years to shelter themselves from the fury of political commotions in the very spot of his exile. It is a plea- sing trait in the character of the elder Sir Philip De Carteret, to whose cus- tody Prynne had been entrusted, that notwithstanding his steady and im- plicit loyalty to his Sovereign, he conciliated the esteem of his austere pri- soner by his humanity, who seems afterwards to have done all in his power to protect him from the vindictive efforts of his adversaries. This is evidently what is to be collected from the Pseudo Mastix, a manuscript treatise of Michael Lempriere, expressly written against a pamphlet of Prynue'sjin defence of Sir Philip De Carteret's memory. One of the heavy charges adduced by M. Lempriere against that sour Puritan is, that he amused himself by playing at cards with Lady De Carteret and her daugh- ters. -4s one of the principal objects of these notes is to insert curious documents relating to Jersey. That passage runs as follows : " The Wise- man saith. The simple believeth every word. But if wee should be like you, and relate all that is told us of you ; Wee might say, That Mr. Prynne played at curdes with my Lady Carteret and his (Sir Philip's) daughters till midnight, or two of the clock in the morning ; and that you sent out a re- cantation of that for which you suffered by a gentleman to the King ; or at least your friend Sir Philip for you ; and yet this is grounded upon a better hear say than you goe upon. If this was so, you might have kept your cases upon better terms, and for better occasions." CMS. p. IQ.j While Prynne was a prisoner in Mount Orgueil Castle, he amused him- self with writing verses, which Cowley ridiculed in one of his own Poems. (See Pope's Dunciad, Book I, v. 103 .) However indifferent iu point of lan- guage and harmony, they are not without merit, and as a favourable speci- men we quote his description of Mount Orgueil Castle. Mont-Orgueil castle is a lofty pile Within the eastern parts of Jersey isle, Seated upon a rocke, full large and high, NOTES. 348 Close by the sea -shore, next to Normandie, . Neare to a handy bay, where boats doe ride Within a peere, safe both from wind and tide. Three parts thereof the flowing seas surround, The fourth (north-westwards) is firme rockic ground. A proud high mount it hath, a rampier long, Foure gates, foure posternes, bulwarke?, sconces^ strong ; All built with stone, on which there mounted lie Fifteen cast pieces of artillery, With sundry murdering chambers, planted so? As best may fence itself, and hurt a foe ; A guard of soldiers (strong enough til warre Begins to thunder) in it lodgedwe, Who watch and ward it duly night and day, * For which the King allows them monthly pay ; The Governour, if present, here doth lye, If absent, his lieutenant-deputy ; A man of warre the kays doth keepe, and locke The gates each night of this high towering roke. The castle's ample, airy, healthy, and The prospect pleaseant both by sea and land, Two boystrous foes, some times assault with losse The fortresse which their progresse seems to crosse, The raging waves below, .which ever dash Themselves in pieces, whiles with it they clash, &c. &c. Note 51, p. 72.- Chevalier contains a detailed account of that distinguished man in this Island. He seems to have been the personal frieud of Sir George De Car- teret, between whom, there seems to have been striking points of ressem- blance. Both were Distinguished for their loyalty, and both rose in those troublesome times, by their merit, to the highest distinctions, and their pos- terity are still among the English peerage. But it must be acknowledged that there were still some shades of difference between them, and that in. point of talent, and perhaps of public virtue and disinterestedness, the pre- ference was evidently in favour of the Chancellor. The Poet Cowley resi- ded also in Elizabeth-Castle at that period. Note 52, p. 74: We borrow from Jenne's History, p. 249, the act of the S'ates for the Proclamation of Charles II. As the book of the States of that period is lost, a translation of that Act will not be unacceptable to our readers. It is remarkable that instead of being merely signed by the Clerk of the States, it bears the signature of most, if not all the members of that Assembly, who happened then to be present. "Whereas the Rebels have by an horrible crime laidtheir violent hands on the person of His Majesty King Charles I, of glorious memory, by whose death the Sovereign Crowns of the Kingdoms of England, Scotland, France, and Ireland, fully and lawfully belong by the right of succession to His Highness the IVJost High and Puissant Prince Charles : We the Lieutenant Governor and Bailly, and Jurats of the Island of Jersey, attended by the Crown officers and the principal inhabitants of the said Isle, all with an 349 NOTES. heart and voice, Do hereby Declare and Proclaim, that His Highness the Most High and Puissant Prince Charles, is now by the death of our afore- said Sovereign of glorious memory, become by right of legitimate succes- sion and hereditary descent the only true and lawful Sovereign Lord, Charles II, by the grace of God, King of England, Scotland, France, and Ireland, Defender of the Faith, &c. to whom we acknowledge to owe, all obedience, allegiance, honour and service, and we pray our God, through whom King's reign, that he may vouchsafe to establish and confirm King Charles on his throne in the enjoyment of all his just rights, and that he may long and happily reign over us. And so be it ! God save King Charles the Second ! 1648,9 27th of February. (Signed.) Sir George De Careret, Baronet, Lieutenant Governor and Bailly. Sir Philip De Carteret, Knight, Seigneur of St. Ouen. Amice De Carteret, Esquire, Seigneur of Trinity. Francis De Carteret, Joshua De Carteret, Elias Dnmaresq, > Jurats. Philip Le Geyt, PeterFautrat Joshua Pallot, John Pipon, Helier De Carteret, Attorney General. Lawrence Hamptonne, Sheriff. John Le Hardy, Solicitor General. Philip Dumaresq, Nicholas Journeaulx, Edward Romeril, Isaac Herault, John Scale, John Le Couteur, ^ Constables. James Guillaume, Abraham Bigg. Nicholas Richardson, Note 53, p. 76. Since the Government of the island had been placed in 1643 under Sir George De Carteret, he had been unceasingly employed in privateering against the Parliamentarians. The damage that he caused them during the eight years that he wasiii power, must have been incalculable, as indeed the list which Mr. Falle has extracted from Whitlock memoirs, must have made but a very small part of it. Chevalier mentions in his Chronicle, that among other prizes, there was a very large vessel laden with military stores, for Cromwell's army in Ireland, during his campaign of 1650, the loss of which, according to him, excited the utmost indignation of the rulers of the commonwealth. All these circumstances could not fail to provoke the ven- geance of the parliament on Sir George and his loyal islanders. Nor were all the Jersey privateers the property of, or manned by Jerseymen ; many of them belonged to English loyal refugees. Chevalier mentions a very affect- ing circumstance obout one of those privateers, commanded by a Captain Tho- mas Amy, one of the Amys from the neighbourhood of Boscastle in Cornwall* and who a little before had followed Charles II, then Prince of Wales to this island. As he happened to he with his privateer at a small distance from the land, he was discovered and chased by some of the parliamentary cruisers- During ten days no tidings were received from him, and the general impres- NOTES. 350 sioii was that lie had been captured. He escaped however from that danger, but his return was marked by a scene of the deepest affliction and sympathy. His wife, also a Cornishwoman, of the ancient family of the Emjs, of Eny near Truro, had been overwhelmed with the apprehension, that her hug. band had fallen into the hands of the enemy. This had brought on a prema- ture labour, in which she and her infant had perished, in the bloom of youth, and an exile from her native land, in the absence of her husband and among f rangers. It was her second child. Her monument, a black marble slab, was discovered in good preservation in 1 800, in St. Heller's Church, the inscription on which has been several times published, but these above particulars about her melancholy fate are not generally known. I insert the inscription with an English translation. Hie jacet Garthruda Amy, Charissima nuper user Thorn Amy Centurionis. Obit XXIII tio die August! : sepulta XXV to ejusdem Mensis, Anno. Domini, 1G47. Enysea de stirpe iiieuin Cornubia partum Vindicat : Hillarius jam tenet opasacer. Per Gallos Sporadasque pium comitata maritum Defcror hue : visa est sors mihi nulla gravis, Viximus unanimes et prima prole beati ; In mundum duplici morte secunda venit. Pignora dividimus : comitatur me morientem Mortua : solatur filia prima patrem. Here lies Gertrude Amy, late the beloved wife of Captain Thomas Amy, She died the 23d of August, and was buried the 25th of the same month, in the Year of our Lord, 1647. Sprung from the race of Enys' ancient blood, \Yhere Cornish hills o'erlook the western flood, My mortal part here moulders in the dust, Resigned to hallow'd Helier's sacred trust. I followed where my husband dar'd to bring His loyal service to his struggling King, And thro' the scatter'd Isles and Gallic shore, The frowns of fortune unrepining bore, Connubial days of happy union, prove A daughter was the pledge of mutual love. Another birth ! but dark the prospect rose, And I expired amidst a mother's throes, Yet ev'n in death those pledges we divide, The younger infant with its mother dy'd, The other daughter tarries still below To be the solace of a father's woe. Note 54, p. 80. The harassing service to which Sir George De Carteret's troops were exposed in consequence of the hostile fleet hovering on various parts of the coast has also been adverted to in Dumaresq's MS. Chap. III. from which it appears that the militia was rendered in a great measure inefficient, because no measures had been taken to supply them with provisions, which they could only procure by a temporary dispersion, of which the enemy took 351 NOTES. advantage. It must be owned that in this case, the contest was hopeless oc> ihe part of the inhabitants, against the overpowering forces of the invaders-^ and that all Sir George could do, was to maintain his character of a brave; man, and to secure the best possible terms for himself and the Inhabitants " They are generally good fire men ; I may say above the ordinary of country Train Bands, Sir Thomas Morgan having much contributed to re- duce them to discipline, especially in marching of them in good order, and did use them often to it, as far as one day's march would allow. And it were to be wished, that it had been persecuted farther, in the manner as the Train Bands use in England, for some days. For our men having never been used to lye from home, did an enemy attempt us, and hover round the Island, as for some days they may in fair weather an-1 summer time, the people would be at great loss for want of necessaries to subsist, and expe- rience, how to dispose themselves. Upon which account, notwithstanding all the care of Sir George De Carteret at the invasion of the Usurper's forces in 1651, most of the Train Bands forsook him in the night at St. Oueifs Bay, before the enemy landed. The inability of most of those that constitute the paid Train Bands, to provide further than from hand to mouth, seems a great obstacle, as things are ordered at present, unless- some better way for their subsistence at such times were provided." Note 55, p. 81. Little resistance seems to have been made except by Elizabeth-Castle, St. Aubin's Fort was surrendered at the first summons, and the capitulation of Mount Orgueil Castle was signed on the 27th of October 1651, the Par- liamentarians having lauded on the 23rd. The capitulation is in Le Jeune's Appendix, p. 152. That fortress was still the same, as when it was besieged in vain by a Constable of France in the Fourteenth Century, but the inven- tion of artillery and the improved manner of attacking fortified places, had rendered it untenable. The terms were honourable and advantageous for the besieged. Sir George had given the command to his cousin, afterwards Sir Philip De Carteret, Baronet, aud Seigneur of St. Ouen, who died Bailiff of the Island in 1663, and who by his feudal tenure owed part of a Knight's service with two horsemen in that Castle. Captain Elias Dumaresq and John Le Hardy commanded then the militia of the parishes of Trinity and St. Martin. The militia was not yet formed into regiments, but each parish had a particular commanding officer, called its Captain. Mount Orgueil was thus described, by Mr. Dumaresq, Chap. IV, to have been in 1685, which was also probably the state in which the invaders found it in 1651. "Mount Orgueil Castle situated upon the point of a high rock eastward, was formerly the only Fort His Majesty had there, called in old records Castellum de Gurrit ; of that antiquity that no records speak of its beginning, and was uudoubtedly strong in the time of bows and arrows, the upper tower being sixty-four foot high ; of that beauty and strength that few walls exceed it, being built against the solid rock, that reaches to the top, and overlooks the neighbouring hills for some miles ; but all the 352 lower part is much decayed, and most of the lodgings ruinated, where for- 'merly the Chiefs of the Island, had some houses to receive them in time of danger ; and there are reins paid for the same to this day." The design of slighting it has of late been renewed, and several Surveys taken, but none expressing better the usefulness of it than one taken four- score and ten years since ; the Report bearing date the 10th of September, 159.3, viz : " That the Lords had been credibly informed, that the Castle of that Island is very ill seated, being neither frontire, citadel, nor service- able for the retreat of the poor inhabitants of the Island in case of need, nor standing near Road, Haven, Harborough, or other place of descent, but most dangerously among wild sunken rocks, is unfit to offend an enemy, or to receive succour; and towards the land lyeth subject to a mighty hill but 400 foot distant, and so overtopt and commanded by it, that no man possibly can shew his face in defence of this side next the hill, besides many imperfect defences, which gives us good cause to think Her Majesty's charges already employed in fortifying this Castle, be to small purpose, &c." We trust that the subject of this note will be worth its length. See also Note 141, at page 141. JVote 56, page 82. There is a tradition that the siege of Elizabeth Castle lasted six weeks and two days, nor can it have lasted much longer, as the enemy landed on the 23d of October 1651, and took possession of that fortress on the 15th of December following. The date of the falling of that fatal shell has not been preserved ; but a fragment of it is still in the armoury of the Castle. It was a 13 inch shell, and about 2 inches thick, and indeed the largest then in use. Mr. Falle makes a singular mistake, or exaggeration by telling his readers that the shells thrown into the Castle were thirty inches diameter. There never were shells of that immense diameter, and it is probable that the historian has mistaken the diameter for the circumference. Even this latter supposition would not be accurate, as it would make the shell much smaller than it actual- ly was. There is also there a pair of military boots said to have belonged to Charles II, in good preservation and exactly corresponding with the cos- tume observable in paintings of that period. Note 57, p. 84. The Battle of Worcester was fought on the 3rd of September 1651, from which Charles escaped, and after many difficulties reached France on the 22d of October following, and by a singular coincidence, on the very day that the parliamentarians landed in Jersey. The Parliament had therefore lost no time after that battle, to annihilate the remains of the Royal party in Jersey. Sir George's conduct is however inexplicable, that he should have protracted his resistance so long, in a cause that was then utterly hopeless, and when his obstinacy would in all probability be attended with the total destruction of himself and his adherents. But his usual good fortune did not abandon him under those embarassing circumstances. He obtained permission of his Sovereign to surrender on reasonable terms, and he availed himself 353 NOTES. so well of it, that lie obtained a most advantageous capitulation. By one of the articles, the Castle was to ba given up on the 15th of December so that the siege lasted about seven weeks. Some very powerful reasons must have operated on the besiegers to have granted such favourable terms toau adversary, who had so little claims to their indulgence. If we were to hazard a conjecture, it would be that Sir George beino- in a fortress then thought to be almost impregnable, he could not have been driven from it without a large expenditure of blood and treasure, or the Parliamenta- rians might have feared that if they refused him terms, he would negotiate to give it up to France. The capitulation was drawn up in Fourteen Articles by the first of which Sir George obtained a full iudemnity for all that be had done, was even exempted from paying any compositions for his property like the other Royalists, was confirmed in the quiet enjoyment of all the posses- sions he had at the time of the invasion, and what is still more remarkable is that a grant which he had obtained from the late King for his good services against the Tars,though in reality to reward his e.\ertious in favour of the Royal Cause, was confirmed. As this capitulation is an historical do- cument of some importance, we shall, notwithstanding its length present it to our readers. Those services against the Turks, was the redemption of a few Jersey captives from the Algerines. f Chevalier, Part HI, S, 144.^ (*) Capitulation of Elizabeth Castle, in the Island of Jersey, granted to Sir George De Carteret, by Colonel James Haiues, commanding the Parliamentary forces besieging that fortress. Article I. That Sir George De Carteret shall receive a full indemnity for all he has done during the troubles up to this day ; that he shall peace- ably enjoy all his goods, chattels, houses, leases, and grants, lawfully to him belonging at the coming of the Parliamentary forces iu this Island, that he shall be at liberty to dispose of the said property according to his will, without compounding for it, and to live or die, in the countries subject to the Parliament, without being obliged to take an oath or covenant, pro- Tided always that he may undertake nothing against the Parliament, that the said Sir George De Carteret shall be allowed to go to and from France without any hindrance ; That he shall have and bold for ever the Lordship of Meleches, and that in virtue of a grant made thereof, in the 18th year of the reign of the late King, to reward him for bis good services against the Turks, and without compositions, other lands, rents and reve- nues belonging to the said King from which he is released and excepted by this, and all the succeeding articles, and that one of the vessels now moored near tbe said Castle, shall be with all its appertenances, at his dis- posal for his own passage. II. That all persons, who are within the said Castle, shall retain all their possessions situated within the Parliamentary quarters, such as they are at present. That they will be indemnified for all they have done during (*) The original not being at hand, I have been obliged to retranslate it from a French Translation in Jeune*s History, page 147. NOTES. the present war, up to this day ; that a term of nine months shall be grant- ed them to settle for their composition, which is not to exceed two ycara of their income according to the rate established by Parliament for that pur- pose, and is to be raised in this Island, by those whom Parliament may appoint for the Islanders, and in England, for Englishmen and others : that no oath shall be tendered to them ; that they will undertake nothing against the Parliament under pain of the confiscation of their property, and for those who have none, under the penalty of a reasonable sum, of which they shall give security, in case they should remain any longer in (he States of the Parliament. That no civil actions for debts or other matters shall be brought against them before the nine months provided by this Article, be expired, and that it will be left to the Parliament's good pleasure, to allow the Seigneur of St.-Ouen to compound for the Isle of Sark. III. That no rent hitherto paid by virtue of the Patent then in force, shall be sued for, or demanded, and thai no body shall be molested for having either paid or received any. IV. That all persons, who may wish to live abroad, shall enjoy their property, as if they were present on the spot ; that they will be allowed to sell it to the best advantage they can, and that they will have passports given to them, when they may require them, to remove themselves, their money, or other goods, where they may think proper, after having paid the aforesaid composition. . v. That Mrs. Le Montais and Mrs. Scale, and their children, will have passports to go to and fro', and shall possess the whole of their estates without any composition. VI. That John Le Brun, belonging to Sir George De Cartcret's esta- blishment, shall enjoy without composition his property, which amounts but to eight Jacobuses of yearly rent. VII. That if Sir George De Carteret, or any of those who are now with him,should be desirous of going to Virginia, or to any other American Settle- ment, they will have passports to go there, without being molested in their persons, vessels, servants, or goods, and will be allowed to remain there peaceably, provided they do not undertake any thing against the Parliament of England. VIII. That Sir George De Carteret, with all his military and naval officers, either in active service or invalids, together with the private sol- diers and gentlemen leaving the abovesaid Castle, shall march out with their horses and arms of all sorts to some convenient place withia the Island, colours flying, drums beating, and with all the honours of war, and shall there surrender them to those whom Colonel Haynes shall authorise for that purpose, with the exception of swords for the privates, and of horses, swords, cuirasses, and pistols for the officers, and that in general all the aboye mentioned shall keep their accoutrements of all sorts, with their papers and account books, and without being either plundered, or searched for what they may carry with them. IX. That the sick and wounded who may be left in the Castle at the Z 2 354 NOTES. lime of its surrender, shall be particularly taken care of, till the recovery of their health. X. That all Ihe prisoners on both sides belonging to this Island, shall be immediately set at liberty, and have the necessary passports granted them to go to their own homes. XI. That all persons comprised in these Articles, who may wish to go either to France or England, will have vessels supplied them for that pur- pose by Colonel Haynes, with provisions for their passage, the whole at the t-xpence of the Parliament. XII. That if it should happen, that any officer or private comprised in these Articles, should violate them in whole or in part, that then that vio- lation shall not be imputed to his party, but only to the person who may have been guilty of it. XIII. That Colonel Haynes shall cause these Articles to be ratified by the Parliament as soon as possible. XIV. That Sir George De Carteret shall deliver or cause to be delivered to Colonel James Haynes for the Parliament, the said Elizabeth Castle, with its guns, arms, ammunitions, and implements of war, together with the pro- visions, aud other matters now being within the said place, as well as the Register belonging to the Jurisdiction of the Isle of Jersey, and the ves- sels and sloops in the harbour, with all their appurtenances, the whole in good condition, on Monday, the Ibth of December, if the wind sbonld be fair for St. Mdlo, save and except his furniture, money, and plate, being his private property, of which an inventory shall be made. Every thing shall however remain in its present state, without any further communication ou either side, without the consent of the parties. Note 58, p. 84. During the early part ofthe civil wars, about the time that Major Lydcott and his Parliamentarians were driven from Jersey by Captain, afterwards Sir George De Carteret, the Royalists were overpowered by their adversaries iu Guernsey. The consequence was that during the whole of that unhappy con- test, the town of St. Peter Port, and the open country remained in the hands of the Parliament, while Castle Cornet held out for the King. AH friendly communication bet ween that Town and the Castle was cutoff, which in fact was kept in a kind of blockade. Sir Peter Osborne, was the Governor, and received his supplies from Jersey through the influence of Sir George. Both parties unassisted from England, were too weak to make any decisive attack on each other, and therefore Sir George had the mortification to be obliged to leave Guernsey under the oppression of the Parliamentarians. Chevalier's Chronicle is foil of details about the difficulties which Sir Peter Osborue had to encounter in that sort of petite guerre. It is however further to the honour of Sir George, that, but for his seasonable assistance, Castle Cornet could not have long resisted the hostility of the Parliamentarians. Note 59, p. 86. Mr. Falle who lived nearer to those troublesome times than we do, could not speak of them with impartiality. Cromwell's conduct towards the iuhabi- NOTES. 355 tauta seems however to have been particularly lenient. It -was natural that those who had taken part with the Royalists^hould be disqualified from hold- ing offices of trust, &c. The composition for the estates of the inhabitants was also very moderate. All properties worth less than 7 a year, or 100 in money ,were exempted from that contribution, which considering the small- iiess of the Jersey fortunes at that time, very equitably relieved the whole of that class, who from their situation in life, must necessarily have been led by others, and who of themselves could not have taken a distinguished part iu the troubles. The others were to compound at the rate of two years purchase for their estates within six months, and in case of neglect, the Protector's Receiver was authorised to lease their estates for seven years, which after deducting the composition, would yet leave rather more than two-thirds of the yearly rents for the subsistence of the owners. After Lydcott's departure from Jersey in 1643, Sir George De Carteret did not treat his adversaries with the same moderation, the chief of whom were driven into exile and their property confiscated, while those who remained were subjected to heavy fines and long imprisonments. It was much to the honour of the inhabitants, that their loyalty exposed them to the animadversion of the Protector,whose Par- don, if it may be so called, is dated the 14th March 1655, and it is to be found registered in the Records of our Royal Court. A French translation of it has been published in the appendix to Jeune's History of Jersey p. 137. Michael Lempriere, the then Bailly was one of the members of a Commission for car- rying it into effect, and it is probable that it had been obtained by his inter- cession with the ruling powers. It is remarkable that this composition could not have been very rigidly enforced, since the greater part of it was still un- paid in 1(555, or four years after the surrender of the Island. Note 60, p. 86. There can be no doubt that the Island suffered much at this disastrous period from the violence of an enraged and rapacious soldiery, and that those evils were aggravated by the protracted resistance of Elizabeth Castle. Mr. Le Geyt's father was a Jurat, and was one of those who shut themselves up in that Castle during the siege. That gentleman in a Mann- script Treatise on Entails, thus mentions the losses that his family then sustained : " Je puis ajouter de bon'tdmoiguage, que feu mon Pre se serait retire" dans le Chateau Elizabeth pour le service du Roy, lorsque 1'lsle fut prise en 1651 par les forces du Parlemeut d'Angleterre, que pendant que ce Chateau fut assie'ge', la maison de mon Pere fut pillee, qu'il perdit son meu- ble, et que par les articles de la reddition du Chateau, il fut contraint de payer deux annees de son revenu, sans que jamais on en ait demaude de reconnaissance." If we were to judge entirely from the Records of the Island, the course of administering justice was not in any manner impeded, at the same time that there can be no doubt, that the inhabilants were se- verely oppressed by military despotism till the Restoration. Articles of high misdemeanors committed by Col. Robert Gibbons, the Governor, and his Lieutenant, Captain Richard Yeardly were exhibited to the Ruling 356 NOTES. Powers without effect. It is evident from a preface to those printed Arti- cles, how little the interposition of the civil power was regarded. " The Bayliff and others being much threatened, and that only for having signed a procuration here to some of their faithful Patriots in London, which tended only for the good and safety of the whole Island." The Bayliff and the well affected people (as they called themselves,) had suffered much for their adherence to the Parliamentary cause, and now that that cause had triumphed, they were as little favoured as those who had opposed it most strenously ; an awful lesson that the loyal and constitutional side in all civil dissensions, is not only the most honourable, hut in most cases also the safest course ! We quote two of those Articles to illustrate our historian, and will barely observe, that both Abraham Becquet and Clement Gallic had claims for indulgence, having formerly been proscribed by Sir George De Carteret for their disaffection to the Royal Cause. " Art. VIII. That the said Governour, (Colonel Gibbons,) forces the said inhabitants of that Island together with their cattel, to come and work at the Castle, called Elizabeth Castle, which is surrounded by the Sea, and the manner of approaching the said Castle very dangerous, unless it be at low water, and that for no salary ; and about assisting iu making divers Repa- rations, which have alwayes been carried on, more or less, by former Gb- vernours,.as has been by the present one, though of a truth, it is onely to have opportunity to increase their own Revenue, which has always been observed to be the case, by which contrivance the State is put to great waste and loss of money, and many of the poor people to a great deal of trouble, iu being forced to remain at work in the Castle, (as if they were kept in there at work beyond the time used by the worst Governours of former times, which was only during one tide ;) so cruell beyond them hath the said Goveruour been against some of those poor people ; and particu- larly against those of St. Lawrence's Parish, whom he caused to be kept in at work during the space of two tides, it happening thereupon, that when they were going out of the said Castle, in a very obscure night, five of them were drowned with some of their Cattel : the death, or rather the murther of those persons, having not so much as been examined, or inquired after, although it be evident, their death was occasioned by the said Gover- uour; and some of the Cattel of those poor people having escaped drowning, were found next morning by the Castle walls, and seized by his Souldiers as wrack. " IX. That the said Governour contrary to the lawes and customes of that Island, and the rules of warres, and by his arbitrary will hath bastonaded and misused (totheindangeriug of their lives) several of the inhabitants, commit- ting them close prisoners, keepiug them at his will and pleasure ; and when seemeth good, releases them again, and that without the consent or know- ledge, either of the jurisdiction of the Isle, or council of warre. And among others, one Mr. Clement Gallys, high constable of St. Saviours, gf above fiO years of age, and one Abraham Becket, merchant ; both which persons have very much suffered for their affection and faithfulness to thu commonwealth NOTES. 357 of England by the losses of their estates, long exile, and imprisonments ; and some others." Note 61, p. 86. We beg to refer the reader to Note 46, where we have entered fully into, the administration, and the character of Sir George De Carteret. Note 62, p. 87. The mace is still carried on solemn occasions before the Bailly and Jurats, and was handsomely new gilt a few year** ago ; but is not o frequently pa- raded as formerly. It is carried by one of the De'noneiateurs, or acting u- der Sheriffs of the Court. Mr, Le Geyt mentions a circumstance about the honour of carrying the mace, which in our days would appear ludicrous. " Ce sont eux, les De~nonciateurs qui portent la masse- Le Sieur Philippe Payn fut d'abord appoint^ pour cela ; cornme il avait alors obtenu la survi vance de 1'office de Vicomte, il crut que cet emploi de porter la masse, lui donnerait un poste au-dessus de celui de Dcnonciateur, et qu'il pourrait faire cominc eux des exploits. Mais il fut fait alors Depute- Vicomte, puis peu apres choisi Justicier, et les Dunonciatcurs demeurerent charge's de porter la masse, com me d'uue de'pendauce de letir emploi, sans aucuns gages." M. S. Jurisdic- tion, Chap. x. Note 63, p. 88. The example of the civil wars of Charles I had not been lost. It was the interest of the Island to follow the general movement of Great Britain, whatever that might be, and not. expose itself to be crushed in so unequal a contest. It would have been mad and unconstitutional to have adhered to the cause of the unfortunate King James, and though, as it has beeu already shown, our ancestors took the loyal and constitutional side of the ques- tion in their adherence to Charles I, it was certainly highly impolitic to con- tinue their resistance, after his cause had become utterly hopeless, when by a timely composition, they might have averted the bloodshed and devastation which in consequence fell on their country. Note 64, p. 84. Many addresses and other official documents of the sort are not registered in the Books of the States, and this is precisely the case with this in the text. But Mr. Falle was one of the Deputation that was sent over to present it ; it is very probable, that it came from his pen, and that through a very excusable vanity, he has perpetuated it in his Book. It is however well worthy of the States of Jersey, and of the loyalty and patriotism of the writer. (States, 2Qth Sept. 1692, and Dec. 10, 1694 J We subjoin the conclusion of the Charter of Edward III, at page 91, which Mr. Falle has omitted. (See Foedera,Anno 1341,^.1067, Ed. Ill, Part II, Vol. II.) " Concessimus pro uobis et heredibus nostris dictis hominibus iusula- rum predictarum, quod ipsi, heredes et successores sui, omnia privilegia libertates, immunitates, exceptiones et consnetudines, ;in persouis, rebus, monetis, et aliis, eis, virtute concessionum progeuitorum nostrorum, Regum 358 NOTES. Anglia-, vcl alias legitimc compctcntibus, habeaut et tencant, nee eis sine impedimenta vel molestatione nostri, heredum, vel ministrorum nostrorum quorumcunque, plonu gandcant et utaniur, pront ipsi et coriim antecessores, habitatores dictarum insularutn eis usi sunt rationabiliter et gavisi, quae jam eis in forma prsedicta, generaliter, confirmamus. " Volentes ea, cum super his pi en6 in format i fuerimus, pront just urn fue- rit specialitcr confirmare. ** In cujus, &c " T. R. apud Turrim London X die Julit. " Per petitionem de cons' in Parliamento.'* Note 65, p. 95. Their Commission is registered, in the. First Book of the States, 5th of Au- gust, 1607. It is in English, and but for its great length, would have beer. very properly inserted in this work. The registered copy is attested in the Book of the States by the autograph signatures of the two Commissioners. They came over to allay dissensions, and to reform abuses which had grown daring the reign of Elizabeth, and the long administration of our Governors the three Paulets. They staid but one month in the Island, and in addition to their other merits they must have been most laborious and indefatigable men, as during that short time they drew up a long Extent or Rental of the King's He von ties, and a voluminous Report of th separate complaints of the Governor, the Jurats, and the People,besides which they sat as judges to hear appeals, two or three hundred of which they decided, many indeed about matters of no great value, but which were all registered in a book for that purpose, which now forms a valuable part of the Records. These Judgments were by their Commission to be final, and from the learning and integrity of the Commissioners themselves, they are nearly as valuable for precedents, as Orders of Council. Their proceedings were approved of by an Order of CouncH of the 30th of June, 1608, but for some reason or other, it does not seem to have ever been registered. These Commissioners had also a Commission for Guernsey,of which Island Amice De Carteret of Trinity Ma- nor in this Island was then Bailiff. The proceedings of Gardiner and Hussey have every appearance to have been the produce of wise, enlightened, and impartial men, whose visit was calculated to do incalculable good to the Island. As many of our readers cannot have access to the originals which have never been printed, we would refer them to Shebbeare's History, vol. I, from page 230 to p. 240. That writer evidently derived his information from some of the Le Geyt Manuscripts, and except a few of his usual virulent ex- pressions, he may be read in that part with advantage. Note 66, p. 96. The tower of the Cathedral of Coutances is visible to the naked eye from spveral elevated spots, on the East and on the North coast of Jersey, It has even been said that men have been distinguished walking along the sands on the French Coast, and indeed it is not impossible, that black or dark coloured substances may be traced by the naked eye moving on those sands. All along NOTES. 359 that coast in the neighbourhood of Cartcrct and Portbail, the sea leaves a large extent uncovered at low water. It ia this passage which runs between the French coast and our ownEcrt>ho Rocks, which the Abbe 1 Manet calls the Canal de la D6roule t from Cape La Houge to St. Malo. According to Captain Martin White's Chart, the soundings at high water from Regoeville to meet le Bane du Violet off La Rocque in Jersey,are not at the deepest part,more than 80 feet: but as the tides rise there about 40 feet, it reduces the depth to not more than 40 feet at low water. This is a striking fact, and strongly supports the hypothesis of the learned Abbe" Manet concerning the immense incroach- ments of the sea in that neighbourhood. As to Jersey, I have little doubt, that at some distant, and probably now undiscoverable period, it was joined by the Bane du Violet to France, and that, judging from the present state of the soundings,Grosnez Point in this Island was a promontory of the continent, forming a bay with the opposite coast, which then reached as far as the Ecrehos, and was bounded by the land which then existed from La Rocque to Regneville. Mote 67, p. 97. The quality of the soil cannot be altered by its sloping either to the North or to the South, though its productive powers may be materially affected by it. 11 is remaikable that in this small Island, some of the parishes, andeyen some small local districts, within a few hundred yards of each other, are often a fortnight, or even a month, sooner or later, in bringing their produce to maturity, according to the nature of the soil and exposure. A light and dry soil with a'southerly exposure is favourable to early produce, and for that reason, the harvest in St- Ouen's parish and on the sandy southern coast of Jersey, is nearly a month in advance of the parishes of St. John, and St. Mary. The former land is not however the more valuable for its precocity, as it is afterwards parched up and unproductive through the heats and droughts of Summer. For some years past lucerne ha been extensively cultivated with success on those light soils. As to the difference of air in both Islands, it cannot be material, though the exception in favour of Jersey, might be as being less out in the Channel, and nearer the Continent, it is better wooded and more sheltered. Note 68, p. 98. There is much obscurity in the manner in which our historian expresses his dissent from Mr. Poingdestre. It is evident that a country swelling up with hills, and depressed with valleys, will have a larger surface than a level one ; but it does not follow that it will be more productive in propor- tion as it is more expanded. That is however rather a geographical than a mathematical question, which can be resolved bat by the nature and cli- mate of the soil. The point is therefore, if Jersey was a low level Island, would it be as productive as it is now with its hills and dales ? The un- cveuess of its surface readers it more capacious, aud in our climate that causes it to be better watered ; while from the variety of soils, there is also a greater variety in the quality and quantity of its produce. Cut a hilly 360 NOTES. country, however, in a temperate climate, will have more tracts of barren land, than a level one ; so that after all, the advantages of a moderately hilly country aud of a level one, nearly balance each other. Mote 69, p. 98. The Historian might have more fully explained himself. The low grounds and valleys are the most valuable tracts and are naturally very rich The largest of these follows the South Eastern line of coast, and extends from the Town of St. Helier to Mount Orgueil Castle. It is the best in the whole Is- land- Another description of lauds are the slopes Cor cotils, as they are tech- nically called,) which Hue the narrow valleys in every direction. They are not much elevated, but generally steep, and of a light soil, and unfit for the plough or pastures. Some are rocky, and produce nothing but furze. The better kinds of those slopes are planted with forest trees, which grow there with little or no trouble to the owner. There are very few coppices. These slopes surround extensive plateaux of table land, not so rich indeed as the low lands above mentioned, but fit for all the purposes of Agriculture, These plateaux form the largest part of the Island. A stranger on entering the town of St. Helier may see at once this conformation of the country. The town is inclosed by those hills, with their tops surmounted by those 1able lands at a distance, on one of which the tower of St. Saviour's Church, and Government House are prominent objects. The declivity of Jersey is from North to South, which rounds off and is continued on the South East and South West sides. That declivity is bro- ken and ramified into innumerable small valleys with their streams flowing towards the sea. The descent towards the sea on the North is not more than a mile wide, in some places not even so much, the waters being dis- charged through the steep and romantic glens, which divide the over hang- ing cliffs. A narrow strip of land between the North and South Coasts separates the course of the waters, and in that direction one may go on nearly level ground from Mount-Orgueil Castle to Grosnez Point, by the Churches of St. Martin, Trinity, St. John aud St. Mary. The Island though hilly is not much elevated, and Mont-Mado, in St. John's Parish, which is the highest land, is not more than between three or four hundred feet above the Sea. Note 70, p. 99. The Quenvais are a small district, which in the midst of a country of the highest fertility present the image of an Arabian sandy desert. Attempts have been made to bring it into cultivation, and under a proper system of Agricul- ture, that does not seem to be impracticable. The late Sir George Don formed a farm there of about 50 verg6es,which at this very moment is still flourishing. The great secret of cultivating the Quenvais is to have recourse to those plants that will thrive in a sandy soil, such as lucerne, rye,&c. Lucerne will secure a sufficient supply of green food as well as hay. It is true that the Quenvais have been covered with drifts of sands, and that the subsoil may be a rich mould, but the expence of uncovering il would be immense, besides NOTES. 361 that these drifts of sand would render that an endless and therefore ineffec- tual labour. The sand is brought up by the westerly gales, and is hurled over (he first land that comes in its course. It is evident to any one who views the coast and the line of hills, that the wind has the power to carry the sand from the beach in a suspended state only to a certain distance, when from its own gravity, it falls and covers the land that comes within its range. It is there- fore evident that the whole tract can never beproc'ttctlve but of saline and arenaceous plants; but it is equally obvious, that under a judicious system, its sterility might be removed, and the whole be rendered valuable to a certain extent. There is a tradition that the Quenvais were not always thus desolate, and that they were overwhelmed in ancient days for the inhumanity of the inha- bitants, who plundered five Spanish vessels wrecked there on St. Catherine's Day, the 25th of November. It is further asserted, that the subsoil is a ve- getable mould, and that even remains of buildings have been discovered in some places, where the sand has been removed. It is unnecessary to have recourse to the wonderful legends of ignorant ages, when the phenomena of nature may be accounted for by natural causes. If the Queuvais were ever uncovered with sand, (and I believe it to have been once the case), it was when the coast of St. Oueu's Bay, projected farther out to the westward, aod that the high winds were not able to raise the sand from the then line of coast, and to keep it suspended long and far enough,to fall like a shower on the since devoted district. It is impossible to fix the precise date when the encroach- ments of the sea happened on that coast, though that such a catastrophe has happened, is evident, from the circumstance that the stumps of oaks are still seen at low water at 1'Etac in St. Ouen's Bay. ( See Note 97 and 98 ). The traditions attached to those oaks are a further corroboration of the supposition, that when the tract offTEtac was submerged, the Quenvais, in consequence of the coast having been altered and straitened, were over- whelmed by the sand. Mr. Falle wrote about 1734,and250 years before that, the date would be 1484, when he says the Quenvais were overrun with sand, in consequence of the divine vengeauce having fallen on the inhabitants of that tract. But according to the Jersey Chronicles, chap. iv. p. 12, while half of the Island was in the possession of the French from 1461 to 1467, Philip De Carteret while fishing in St. Ouen's Pond was surprised by a party of the enemy, who came along the beach, and escaped almost miraculously by the fleetness of his horse. " Le Seigneur de Saint Ouen etait un jour a sa mare, proche la baye da St. Ouen, pour y prendre du poissou d'eau douce, les Francais vinrent secrette- ment entre legalU et la mer telong de la greve, lepensant surprendrc et Femmener prisonnier.'" Now if the coast had not yet been encroached upon ; and the beach had been two or three miles from the pond, Philip De Carteret could not have been thus surprised. On the contrary, if the pond was then as at present A 3 362 NOTES. separated, but by a narrow sand ridge from high water mark, it was very easy for an enemy to have crept unseen along the shore. Indeed I am of opinion, that the catastrophe had happened some centuries before, and that the story of the Spanish wrecks, as far as the marvellous part of it is con- cerned, is a mere fable. Note 71, p. 99. The proportion of barley to wheat now cultivated, is much lose than in the days of Mr. Falle, uor te there much now converted into bread. What is con- sumed ou the farm, is ground into meal with beans, and used to fatten swine. The general prosperity of the country, or rather the good effects of the eco- nomy and industry of the population,have placed them above having recourse to such a homely fare. And indeed barley bread would now be as little heard of in Jersey as in the South of England, were it not for a few individuals, who still have some made either from choice, or from curiosity. JVote 72, p. 100. It is not improbable that at some former period, when the Island was less populous, and the town of St. Helier inconsiderable, it might occasionally have produced a small surplus of corn for exportation. It must also be ob served, that barley was then universally made into bread,that the cultivation of potatoes didnot yet exist, and that many patches of inferior land, which are now either planted with timber, or turned into pasture, were then under tillage. This appears from many parcels of laud, mentioned as the ddserts or novals of the clergy, which have ceased to be tilled from time imme- morial, but which would not have been mentioned as tytbable, bad they been totally unfit to be tilled. The exportation of corn has sometimes been allowed, and sometimes prohibited. An Act of the Court of Catel, 18th June, 1534, and an Order of Council, of the 26th of October of the same year, encourage its exportation. The History of Jasper Penn and the Spanish Mer- chants, mentioned in the Jersey Chronicles, Chap. XVIII, is also of the same nature, as well as the Report of the Royal Commissioners, Gardiner and II us- sey. f Complaints of the Inhabitants, Art. 16.J But instead of multiplying examples, we subjoin Mr. Dumaresq's authority : Chap. I. " The Island thai could heretofore not only maintain its inhabitants with corn, but also export some, as by the often prohibitions may be read in our ancient Roles, is now obliged to depend upon foreign corn." Note 73, p. 100. It would be difficult to ascertain the rise and progress of the stocking manufactory. It must have been already very considerable more than a century before Mr. Falle, as the States of that time seem to have been seized with the same panic as the worthy historian, that this thriving manu- facture was prejudicial to agriculture. We quote part of an Act of the States of the 2lst of April, 1608. " Pour aultant que partie de Poccasion de rescarcHe" des bl aeds provient du deffault du labonraige, en ce que les laboureurs ue sont point pourvcus d'aide aux saisons secessaires dc leurs NOTES. 3G3 labonraiges, parce que plusieurs personnes valluics ct puissants s'otcupent a I'cfiuvre des chausses, desdaigaant le labouraige, les aultres mendiant, qui aultremeut pourroieut travailler : A ces causes, il est trouv expedient que I'ajuvre des chausses et de mesrae espece, ccsse en toute cette Isle, durant les saisons du Vraic et de 1'Aoust, entre toutes personncs au-dessus de Quiaze ans, sur peiue de forfaicture del'ceuvre qui sera trouve'e entre leurs mains durant lesdites saisons ; Et command^ cl'aider aux laboureurs esdites saisons au prisz ordinaire, sur peine de telle pugnition qui sera jugle par justice. tf Quand pour les mcud'ians, il est defTendu que aucun n'ayt a tourooyer hors sa Parroesse, sur peine de pugnitinu comme vacabonds ; et mesrae que aucun he tournoye, qui puisse travailler, et qu'il ne soit approuvd par le Connestable et gens de bieu de sa Parroesse, suyvaut les Ordrcs preceden- tes." (See again at Note 114.) Note 74, p. 100. Before the peace of 1814, the de6ciency of corn and flour was supplied from England, so that Jersey had to pay its bread dearer than it was sold in the parent state. The communication with Southampton was then very irregular, and when the coming in of the Traders was sometimes delayed by contrary winds, the people were seized with a panic, as if they had been menaced with a temporary famine. During the scarcity, or the dear times, as they are emphatically called, of 1800 and 1801, bread was sold as high as Sixpence a Pound. The popu- lation is now almost double of what it was in 1800, and is principally main- tained on corn imported from Dantzic, and other parts of the North of Europe. Note 75, p. 101. It is very doubtful whether those fences occupy so large a proportion of the Island as Mr. Fal I e supposes. Since his time many of the small inclo- sures have been destroyed, and some of the bye lanes in the country have been abolished. The number of inclosures must however be in proportion to that of the farms, or else, agriculture would soon experience all the inconveniences of an uninclosed country. On some farms where the inclo- sures have been unnecessarily diminished, one is sometimes obliged to keep cattle in the stable till the harvest is got in, especially in the soils where they could not be tethered withsafety, and where their getting loose would cause a very great injury to the crops. Add to this that the removal of those hedge rows is particularly destructive to Orchards, which cannot exist, or at least be rendered productive, without shelter. Our ancestors must have entertained a very high opinion of their utility, as they could not have been raised without a great deal of expence and perseverance. Note 76, p. 101. These different kinds of roads still remain as in the days of our Historian, except that they are managed by a set of Regulations adopted by the 364 NOTES. States the 8th of April 1812, aud confirmed by an Order of Council of the 8th of May, 1812. The Island is now traversed by military roads iti everv direction, which are equal to the best English Turnpike roads, and are maintained out of the funds at the disposal of the States, without any tolls from the publie. The Island is indebted for the first construction of those roads to the late Lieut, Gen. Sir George Don, who was Lient.-Governor of Jersey from 1806 to 1814. Before that time the roads were very indif- ferent, and extremely dangerous, or rather unfit for any kind of gentle- man's carriages ; few of which indeed were kept. As to the Midsummer Perambulation of which Mr. Falle gives such a solemn account, it is still kept up, and our readers may not be sorry to contrast it with the ludicrous account of the same ceremony as given by Dr. Shebbeare, an author how- ever whose candour we are far from recommending. (History of Jersey, Vol. I. Chap. X. p. 279 & 280. " But the Viscount's days of greatest import are those in which he sur- veys the high roads of his sovereign ; and then indeed his pomp and mag- nificence are adequate to the dignity of the occasion. " Every parish is annually to be inspected, and each of them to engage the cogitation of a day. On this festival, for they are fed for their trouble, the jurats, the constables, centeuiers and sermentes, attend the viscount. He mounts his viscountal horse, with his viscountal staff of office, perpen- dicularly erected on the viscountal pummel of his viscountal saddle, and thus superbly advances in quest of adventures on the public road. " Whatever branches of the trees have the misfortune to affront, by their touch, the dignity of his viscountal staff in the procession, they are sentenced to the ax, and the roads to an amende, wherever they are defec- tive in duty. " In this review the viscount aud his attendants are the judges of the paths and tracks below, and the horse decides of the off ending branches which are above, and the objects of their judgment are inverted. For the boughs in- commode not the horse, nor the roads the rider. However, though these powers of judgment are not distributed, they are equally divided between man and beast, in which they are alike concerned, and this seems to be the justcst distribution of judgment that is practised in the Island. " This mode of examination is, peradventure, to this day, undiscovered among the most civilized nations in the universe. Yet such is the nature of this inquiry, that although the viscountal staff and the viscountal saddle may be invariably the same, yet the viscountal horse has no constitutional stand- ard. This is certainly an egregious omission in the laws of that island. For when this officer is mounted on a Jersey gelding, of twelve hands high, many a branch escapes the ax, and fire of the law, which are doomed to that per- dition, when he is mounted on an English steed of sixteen hands high. " But the Jurats and the other officers solemnly attend to moderate the fines according to the different judgments of the respective horses; and these fines must not exceed fifteen sous, or eight pence English, On these national occasions also, the King is supposed to entertain the company, the expense NOTES. 365 being discharged by his receiver. Yet such is the result of this union of inju- dicial talents between man and beast, this parade and feasting, that no country can produce more execrable roads, nor a people more pertinacious of keeping them in that abominable condition." Note 77, p. 102. The Grant of the Perquages is found among the Records of the Royal Court, of the 18th of July, 1663 ; it is in Latin, dated the 30th of May 1663, and bestowed on Edward De Carteret in consideration of his own and his late Father's, Sir Philip De Carteret's services to the Royal cause. The sale of the Perquages was injudicious ;they might have been made into good roads leading to the Sea, and have thus rendered the superstition of former ages subservient to the advancement of modern civilization. The Franchise cTEgliae or taking Sanctuary existed in this Island, some instance* of which are yet to be found in our early Records ; the usage itself fellas we apprehend, with the progress of the Reformation, and without any positive abolition. The Chapter of the Great Coutumier of Normandy, which con- tains the law about taking Sanctuary is so curious, and is comparatively accessible to so few of our readers, that we may be excused to give it in, this place. Chap. LXXXII. De Damnes et de Fuylifs. " Se aucun damne ou fnytif seufuit a leglise ou en cymitiere, ou en lieu saint, ou il se aert a une croix qui soit fichee en terre, la justice laye le doit laisser en paix pour le privilege de leglise, si quelle motto ia main a luy, mais la justice doit mettre gardes quil ne senfaye dillec Et sil ne se veult dedans neuf jours reudre a la justice laye ou forjurer Normendie, la justice ue souftrira dillec en avant que on luy apporte que mengier a soustenir sa vie jnsques a ce qnil soit rendu a justice pour en ordonner selon sa des- serte, ou jusques a ce quil offre a forjurer le pays. Et il forjurera en ceste forme. II tendra les mains surles Saintcs Evangiles et jurera que il partira de Normendie et que jamais ny revieudra, quil ne fera mal au pai's ne aux gens qui y sont pour choses qui sont passee, ne les fera grever, ne grevera, et mal ne leur fera, ne pourchassera, ne fera faire ne pourchasser pour soy, ne par autre en nulle maniere. Et que en une ville ne gcrra que une nuyf, ce u'est par grande deffaulte de saute, et ne se faindra daller tant qu'il soit hors de Norraendie, et ne retournera aux lieux qu'il aura passe/, ne a autres pour revenir,ains ira toujours en avant. Et si comencera maintenant a sen aller, et se doit dire quelle part il vouldra aller, si luy tauxsera Ion ses jour- nees selon la force et la grant quantite et longueur de la voye. Et si re- maint on Normendie depuis que le terme que on luy donnera sera passe, on se il se retourne une lieue en arriere, ilporterason jugement avec soy, car desquc il sera alle contre sou serment, Saincte eglise ne luy pourra plus ayder." The following Act of the Royal Court, shows how that Jaw was executed in Jersey, and that offenders instead of being brought to Justice, were kept in safe custody within the Sanctuary, till they could abjure the realm 36C NOTES. A custom still exists in our criminal proceedings, probably derived fronr, or at least modified from that ancient practice, which is, that when a pri- soner is first brought to the Court, he demands thai in order to stop all fur- ther proceedings, he may be allowed to leave the country (d tuider Ic pays,} which when the offence is not very serious is often granted, and the pri- soner is then generally banished either for three or five years. This practice might appear at first sight like a compounding for felony, but in a country abounding with strangers, it is an expeditious way of getting rid of many notorious characters, whom it might be very difficult to convict, and it is further to be remarked, that this indulgence is never granted to persons charged with offences which would amount to felony. We conclude this note with that old Act of the Court. L'An Mille Vts XLVI le derrain jour du moys de Janvier, par devant Monsieur le Bailly, presens Helyer de la Roque et Richard Dumaresq, Juretz. A St. Martin, Sur ce que le Vicaire de St. Martin euvoya a Mon- sieur le Bailly le XXVII jour du moys de Janvier mille Vts XLVI une bille soubs le signe manuel dudit vicaire, comme ung nomme Thomas LeSeelleur avoit prins franchise en 1'eglise de St. Martin, ainsi comme il est contenu en ladite bille. Sur quoy le bailly donna charge au Vicomte, qu'il signifiast au connestable, chantenyer,et vintenyers de ladite paroisse, qu'ils eussent ;\ garder que ledit Seelleur ne soy transportait hors de ladite eglise decy a ce qne Justice fust plus amplement advertie dudit cas. Ce que anjourd'hui ledit vicomte a recordeyen justice. ( Cour du Samedi.) Note 78, p. 103. The Island is too completely of the primitive formation, to leave us any hopes that lime or chalk will ever be discovered iu it ; and to get either from other countries would be too expensive, nor does it produce marie in sufficient quantities to be generally useful. Within these few years, oyster shells af- ter having been either burned into lime, or bruised under the wheels in the road, have been applied to manure the land. Note 79, p. 103. The importance of that sea-weed has been so generally felt, that there is no subject, for centuries past, which has caused more litigation, or oftener oc- cupied the local legislature. The quantity of drift sea-weed that comes in at times in some of the small creeks between St. Ouen's Bay and Grosnez Point is amazing, and is divided by proper officers among the farmers of the neighbouring parishes, who may be present ou the beach. The allotments are according to the size of the estates. The right of the Royal Court to fix the time for collecting the Vraic was full/ confirmed by the Royal Commissioner's Gardiner and Hu'ssey in 1607. fSee complaints of the Inhabitants, Art, 23.^ " We doe therefore order, That the saide Bayliffe and Justices only, being in our opinions men of the best understanding and experience to deal in a matter of that nature, which soe much concerneth the common good, shall, from henceforth, as formerly they have done yearly, and at all times needful NOTES. 367 make and sett downe all orders whatsoever, they limit to be moste convenient both for the places where, the times and seasons, when the saide vracke shall be gathered, and for the manner how the inhabitants shall perforrae the same. " And that it shall not be lawfull for any particular Lord, or for any other persons, upon his fee, or fees, to grante any licence, or settedowue any course concerninge the same, to the impeachinge of this our Order in any wise." The vraic is allowed to be gathered by an Order of the Royal Court, called fabandon des Vraics, formerly for three spring tides early in the spring, but now only for two spring tides. The Summer vraic is allowed but for only one week. The time is fixed according to the voices of the majority of the Constables, who make a report to the Court of the sense of their parochial assemblies. The decision of the Court is theu proclaimed to the people by the proper officer for that purpose. Note 80, p. 103. The ashes of the Summer Vraic are particularly valuable for the cultiva- tion of wheat, and there are many poor people along the coasts of the Island, who get their livelihood by collecting drift vraic and burning it into ashes, which they sell to the farmers usually at the rate of one quarter of ashes for a cabot of wheat, or eight parts of the former for one of the latter. Vraic is now ploughed in mostly for the raising of barley and potatoes. Its manuring effects on the ground are not supposed to last more than one season,and though it increases the crops of potatoes, it is said to make them grow knotty and of an inferior quality. When spread out ou grass, its effects will depend on the season ; if the weather is moist, aud with gentle showers,the vraic soon gets decomposed, and will produce abundant crops of hay ; but if there is a drought, it is .shrivelled up, and becomes totally useless. Note 81, p. 103. It must be acknowledged that the largest and most fruitful parts of Jersey, if left to a state of nature would soon be overrun with wood. But whatever may be the humour of the inhabitants, it is evident that a cider country like their own, must be wooded, and that it would be impossible for orchards to thrive without shelter. Note 82, p. 103. There can be no doubt that " -so much shade is prejudicial to the growth of corn and pasture ; but the question is whether in the present state of things it would be better for Jersey to be a corn than a fruit country. While its popu- lation is so numerous, and corn can be procured on reasonable terms from other countries, it would not be advantageous, even if it were possible, to make it the chief article of its agricultural produce- It is seldom that timber grows there to any largest size, though occasionally very fine sticks of oaks, elm, chesnut, and ash are to be found. One might add to Mr. Falle's rea- sons for this peculiarity, that timber is generally felled before it has reached 368 NOTES. its full growth, lhat the best lands are never planted, arid that the greatest part of it is crowded on the slopes, where the deuseness of the plantations and the poverty of the soil prevent its ever arriving at any perfection. Note 83, p. 105. Mr. Falle's statement wants explanation. There is no crop so precarious as that of apples. A blight, or a thick fog, when the trees are in blossom, will utterly destroy in one night the hopes of the year. Hence there are sometimes successive years with scarcely any apples. Generally speaking however, the years alternate, and after a good crop, the trees will have fewer blossoms, aud perhaps from their having been exhausted the preceding year, they are not so well able to resist the blights. Hence total failures. Sometimes also there will be favourable crops successively, as in 1822,and 1823; 1828, and 1829; 1832, 1833, 1834 &1835. In 1827 & 1831, the failure was so total, that there was not even table fruit for the market, which was supplied from England, and most Jersey families were obliged to substitute beer for cider. What would Mr. Falle say if he were alive ! There is comparatively but little cider drank in the Island ; many of the public houses do not eveu keep any, and a great part of the population seem to have permanently sub- stituted beer to that wholesome beverage. The baleful consumption of spirituous liquors has also prodigiously increased at the expenre of the agriculture, the health, and the morals of the people. The farmer no longer finds, as in good policy he ought to do, the means of disposing of his sur- plus produce for the home consumption of the country. He is become dependant on the English market for the sale of his fruit and cider, the latter of which is mostly sent at considerable risk aud expence to Bristol. As to the best fruit it is sent off to different parts of England, which are in. fact more accessible to us than to the cider countries. Hence it is the English market that regulates the prices of our cider and fruit, both of which here are comparatively of small value, when there is a good crop in England. The most favourable years for the Jersey farmer, are when there is a mid- dling crop and a brisk exportation trade, as was the case in 1828. The fruit exportation trade has however one bad effect, that the best is picked out and sent out of the country, aud that the refuse is either made icto cider by it- self, or mixed with those sorts of apples that are unfit for the English market . This is another cause for the too prevalent inferiority of the Jersey cider. Occasionally cargoes of cider apples are sent over to be made into cider in England. Within the last forty years, potatoes have been extensively culti- vated, a large surplus of which after supplying our own shipping,is exported to different parts of the world. The mangel wurzelhas also been cultivated of late years with success. Note 84, p. 106. The whole of this passage requires a great deal of explanation. The trees are planted generally speaking in the regular manner that the historian de- NOTES. 369 cribes, bnt they seldom attain the large size they do in Herefordshire, or in Normandy. Our apple trees are small and short lived. The late Revd. F. Le Couteur (*) who published a treatise on cider in 1806, attributes it to our raising them from slips and not from seedlings. The Jersey orchards are however entirely free from the misletoe. Cider, or rather fruit, is now, if pos- sible more plentiful than at any former period. But the fatal habit of drink- ing spirits has unfortunately so far prevailed that the consumption of cider has much decreased. We are not to rate the value of orchards by their ex- tent, as there is no produce which varies in the same proportion. One vergee of good orchard ground will produce more than five other vergSes in bad condi- tion, which may be owing to the poorness of the land, want of shelter, decayed plantations, mismanagement in not manuring, or by turning cattle loose among the apple trees. The inferiority of cider is in many cases owing to an im. proper assortment of apples, and to the best fruit being, as I hare already ob- served, exported to England, which leaves but the windfalls (quetines,) and the refuse of the crop for the mill. Cider after a time gets strong and heady, but it is by no means pleasant, and it is now very uncommon tosee any one intoxicated with such a beverage. The Jersey cider may be made as good as that of any other country, and will keep as long in bottles; it is only to want of good management, that its present inferiority is owing. It is the misfortune of ordinary cider that it will not like wine improve in the cask, and hence the old cider for more than a year old} is always sold at a lower price, as being of an inferior quality. A cheap and easy process to make it susceptible, either by destroying its mucilage or otherwise, to im. prove in the cask, is still a desideratum of the highest importance. It being universally acknowledged that a great deal of the inferior cider is owing to the bad process in making, the Society of Agriculture lately established in this Island, has published in the local newspapers, a receipt for the cheap and practical manufacturing of that Article, a copy of which it gives us pleasure to insert in this Note. " The Honorary Secretary of the Agricultural Society having written to Mr. Knight, the President of the Horticultural Society of London, respecting the best mode of manufacturing cider, has the satisfaction to offer that scien- tific gentleman's opinions on that subject, for the consideration of bis brother farmers, as meriting their best attention. " In making cider, the pulp of the apple should be t horoughly reduced by long grinding, and by exposure, till it acquires a deep colour. The pulp of the Siberian bitter sweet will acquire nearly a chocolate colour. During this grinding much oxygen appears to be taken up and sugar to be formed, which never existed in the apple. " In Herefordshire, where the quantity of cider made is very great, the newly expressed juice is put into casks, which are exposed to the open air, (*) That gentleman was Rector of Grouville, and died in 1808. His Treatise was afterwards translated at the request of the late Sir John Sin- clair, and appended to Pitt's Survey ot Worcestershire. B 3 370 "NOTES. rain, &c., and owing to the cold of the nights, the liquor sooner becomes bright, when it is racked off into another cask- " When the quantity to be made is small, the juice is placed in open tubs, uncovered, in buildings through which the air passes freely ; and then it usually becomes bright in about sixty hours. " It is a common practise to invert the cask into which the new cider is to be put, and to burn a match of half an ounce of sulphur in it ; and when the fruit has been of good kind, and ripe, no further visible fermentation takes place ; but when it does, our cider makers draw the cider off into another cask, as soon as it shows a disposition to ferment, again employing a match as before : but cider which requires to be frequently thus racked off, is never to my taste good, as it will always contain, though it be sweet, some acetous acid. " A continental chemist (German, I believe), Mr, Leuches, discovered that newly burned charcoal, reduced to a fine impalpable powder, possessed the power of checking the fermentation of new wines,if applied iu the propor- tion of seven pounds to one hundred and five gallons of the liquor, I have used it in cider making with beneficial effects ; it takes down a little of the colouring matter ; but that is of no importance, as it does not, I think, take down any thing else. " I drew off a hundred gallons of the juice of the Siberian bitter sweet last autumn, and put it into a cask, with seven pounds of powdered charcoal, and immediately closed the cask, with a bung of heart oak wood (with pores;, and applied pitch over it, the cask being in a cellar, which is a very unfavourable situation, on account of the uniformity of its temperature, " My butler and myself visited the cask every day to ascertain whether any renewed fermentation would take place, but it has remained perfectly quiet. " Two or three farmers last year tried charcoal, but improperly, and one of them thought that it rendered the cider -weaker; but I suspect it was only less harsh ; and it has been admitted to have kept remarkably well without tendency tobecome acetous. "The most intelligent person amongst them tried different portions of charcoal in different casks, and found that much best, which had its full quantity of charcoal. He also observed that the cask into which the largest quantity of charcoal was put, retained its contents unchanged, though slowly drawn off in small quantities. "Charcoal is employed in taking down the colouring matter of sugar with- out forming any combination with the sugar itself, and therefore I imagine that it takes down only a portion of the colouring matter of cider, *' It is so much the fashion with innkeepers and cider merchants, to colour their cider highly, that I have rather a par.tiality for pale cider, particularly if it present more taste, flavour and body than its colour indicates. " Respecting the Siberian bitter sweet, as a cider apple, I only fear that it will ripen too early in your climate, and, that, if the weather be warm, fer- mentation will go on too rapidly. NOTES. 371 " I enclose a graft of an apple which I expect will afford most excellent cider, and be a fair dessert apple : the "Herefordshire Gilliflower." The writerof this Note having lately observed to an eminent and scientific distiller, that there must be some very essential difference between the juice of the apple, and that of the grape, because the former got harsh and un- pleasant, while the latter generally improved by agp ; he replied that it was owing to the superabundance of mucilage in the apple, and that by its preu'r- pitation or removal, it became as susceptible of being as easily kept, as the juice of the grape. He produced several specimens, iu which his process had been completely successful, the particulars, and the receipt ibr which he did not mention. Note 85, p. 107. We know not where our historian procured his information, the accuracy of which seems to be very doubtful. Cider must have been the beverage of the country from a much more remote period. In the claims of expences quoted in Note 120, incurred in blockading Mount Orgueil Castle in 1487 there is an item for twelve pipes of cider. The besieging party consisted of twenty-five men, so that during that siege which lasted half a year, it would have been an allowance of something less than two quarts a day for each man. In looking over our Records, it is singular that I found two Acts of the Royal Court, stating the low price of cider as being even something- less than that of beer. Probably Mr. Falle's mistake arose from not considering that there are years when the apple crops totally fail, and that hi consequence one is obliged to have recourse to beer, as was the case lately after the com- plete failure of 1831. Probably it was in one of those that the importation happened, if it ever took place. Allowing the garrison to have consisted of 100 men, which was more than it probably did, and that each man had two quarts of beer a day, the 150 tuns would have lasted two years. There are several other documents about cider in the Records ; but not to multiply au- thorities we merely quote the following. It is remarkable that one of the under quoted Acts is of the 1st year of Queen Mary's Reign, 1553. " II est ordonne 1 que nul ne soy ingere de vendre la cervoese a plus hault prisz que de huyt denyers le pot, et sept denyers le pot do sildre, premier que chascun vaesseau de sildre ou de chascun brachin de cervoese, le con- nestable avecq deulx hommes de bien de chascune paroesse ne ayent gouste lesdits brevaiges, et myns a moydre prisz, voyent qa'il soil expedient, le tout sous la paine de cent sous de admende, maintie au Roy et maintie a estre departy entre 1'accusateur et le bien commun de la paroesse pour chascune foys quils seront delinquants." (Famedi XVIT Aout 1549.J Le Froment fut tax6 le XVe. Aout 1549 a 7 sous le Cabot. " II est ordonne 1 par Monsieur ie Capitaine, Monsieur le Bailly, la Jus- tice et Commuu Cons'eil decette'Isle, que nnl ne soyt ingere de vendre sildres en detaill fors ceulx qui sont ordonnes pour tenir taverne- Et que ceulx qui a ce sont ordonnes ne vendent sildres se non qu'il soil bon, competent, et raisonuable. Et dene le vendre a pi us hault prisz que sept dealers Ie pot, 372 NOTES;. ilecy a ce que aultremeut y soil pourveu, sur peine de soixante sous d'ad- mende poor chaque fois. ( V- Cour du Samedi, 23 Sept. 1553.,) That as 12 Pipes of cider were worth but 14 escus or freuch half-crowns in 1488, it was not more than 4 deniers a pot, or a little more than half of the 7 deniers which it was worth in 1553, a very low price indeed ! On the 15th of August 1549, the Court taxed the price of rent wheats at 7 sous a cabot, so that a cabot of wheat would at that rate have purchased 12 pots of cider. " II est commande aux Connestables faire approcher les Taverniers de leurs parroesses, et adviser par le Conseill de leurs parroessiens les plus ca- pables. Entretant, conside>aus I'abondance des vins de cestte ann6e et dee sydres pareillement: II est ordonnd que le meilleur vin de Gascogne soit vendu a quatre sous le pot, et Taultre vin au dessoubs, selon sa qualite, le bon cidre demi gros, et la bierre d'Angleterre pareillemenf, sur peine de Dix Francs, u qui contreviendra cestes presentes." (Etats 31 Octobre 1603.) The Court of Heritage prohibited the sale of French Cider on the 21st of April 1619. These prohibitions were frequently renewed till the matter was finally settled by an Order of Council in January 1820, which prohibited under severe penalties the importation of French apples and cider. We conclude this long Note by reminding our readers, that our ancestors, in olden times, were fond of spending their money in the uncertainties of the law, and that our Records contain an Order of Council, on the appeal of one of the parties about the yearly rent of one hogshead of cider ! (See Sa- turday's Court, No. 36, 22 Jan. 1630.) Note 86, p. 107. Those streams issue out of the innumerable little valleys into which the Island is diversified. Many of these have a circuitous course of several miles, and rising mostly at about a mile from the North coast, flow in a south' erly direction, the most considerable of which, after turning several mills, fall into St. Aubin's Bay. In dry seasons many of the wells, as well as the rivulets want waters, which is attended with much inconvenience. The most remarkable wells are one in Mount Orgueil Castle, and another in Fort Re- gent, which was sunk about thirty yea rs ago, and is more than 200 feet deep from the surface of the hill, and goes down considerably below the level of the sea. Elizabeth Castle is badly supplied with well water, and its chief resource is principally from rain water preserved in cisterns. We close this note with two stanzas descriptive of the scenery of Jersey: I. "Rugged and dreary rise stupendous cliffs " Dash'd by the spray of many a billowy heap, " While from their giddy heights, like some frail skiffs, "The tallest vessels slowly seem to creep " Beneath them on the surface of the deep. " A lower coast, and prospects ever new " Of smiling scenes, succeed the craggy steep ; " While far from sea, admiring strangers view " Fair Jersey's woodland slopes, and fields of greenest hue. NOTES. 373 II. "A thousand springs gush from th' adjacent hills, " And pour their waters thro' embow'ring groves, " Aud grassy meads, in fertilising rilld ; " While as the eye along the landscape roves, " With rapid glance, a living picture moves " Of happiness in each secluded dale, "Where dwells a numerous race, whose labour proves, " That frugal food and pleasure shall not fail, " While health is in the clime and coolness in the gale." Note 87, p. 107. There have been several mineral springs discovered in the Island, at different times, but hitherto from whatever cause, none have obtained any degree of popularity. The same may be said of ores and minerals, which exist in such small quantities, that in a country like this, where there are so many of other employments, they would not pay the expence of working. Note 88, p. 108. The observations of the Historian were perfectly correct in his time abont ths excellence of the Jersey meat ; but the case has long since been much altered, the markets in time of war being supplied with beef at an advanced price from England, as high as 15 pence a pound, and during peace with bullocks from France. Except veal, very little Jersey meat is to be had in the market. Since the farmers have found the advantage of their dairies, and of rearing heifers for the English market, very little cat- tle is fattened for the butcher. Note 89, p. 108. The rearing of sheep is little attended to in Jersey, where the country is better adapted to other kinds of produce. Some English sheep may be kept here and thereby a few experimentalists, but the Jersey breed, which is not numerous, is small and stunted ; it may be seen cropping the scanty herbage growing along the cliffs on the North and the West coasts of the Island, in places and on pastures where no other live stock could exist. The wool is fine, but generally black or dark coloured, and the lamb is in high repute for its delicious flavour. Note 90, p. 108. To whatever cause it may be owing, the Island does not now supply a suf- ficient number of horses for its wants. English and French horses are fre- quently met with. As to the healthiness of these animals and the absence of Farriers, Mr. Faile, may be taken at his word. Some of those gentle- men have lately come to exercise their benevolent art among us. I have almost to apologise for an omission in the learned and polite phraseology of modern science j I should have said Veterinary Surgeons. Note 91, p. 108. Game, is daily becoming more scarce, and on account of Agriculture, and the temptations to which it exposes the labourer, it is to be hoped, that it may 374 NOTES. in time be extirpated. The markets are however plentifully supplied with French game. There are very few hares ; aud even rabbits, except in a few warrens, are yearly decreasing. If unfortunately a breed of foxes should be introduced in this Island, and they were to get amonp ;hc cliffs,their extir- pation would be almost impossible. The Jersey partridge here mentioned had been probably brought in at some distant period, but was totally destroyed during the late war. The common grey partridge was subsequently intro- duced, but that breed is now also in a rapid progress towards its extinction. It is not however the fault of the law, the Jersey Code of Laws of 1771, protects the lives of hares and partridges with almost as much tenderness as that of many good Christians. Yet for all that, bares and rabbits have been more persecuted than ever, the law itself has been derided, and where its be- nevolent interference has been invoked, it has been attributed to a tyrannical and anti social disposition in the prosecutor. Note 92, p. 109. Mr. Falle was wrong to entertain any doubts about the new Philosophy ; but if his expressions are to be understood politically, how many creatures have, there not been discovered in this age of Reform aud Radicalism to proceed from corruption and to fatten on the vitals of their country, till the rough hand of an indignant public cuts them off? Or where he to rise from his peaceful grave, would he not be grieved to see how many and baneful abuses have proceeded from corruption, which have especially in modern times deluged the world with blood, and caused that general devastation, from which Europe is but just now recovering. Note 93, p. 110. The salting of congers was of so much importance to our ancestors, that it was expressly made one of the Articles of King John's Charter. In those ages when the Islands had very little tiade, the attention of the inhabitants was probably directed to this, as to a most valuable fishery. How long the fishing of congers on that extensive scale continued, is unknown. If the exaction of Otho de Grandison is correct, at one sous for each conger, it would have required 8,000 congers, and taking these at 201b. each, it would have amounted to the enormous weight of 160,000 Ib. or 80 tons ! exclusive of the small congers, which could be spanned by the hand, and were not liable to this exaction. The duty paid to the Crown on salt congers aud mackerel was called espeikeria. It is so fully described in the Extent or the King's Rent Roll of 1331, for Guernsey, that I hope the reader will par- don me the length of this quotation." Esperkeria* Item habet Dominus Rex de quadamj consuetudine vocata esperkeria Congronm et Macquerello- rum, cum quadam custnma piscium omnium Insularum, que in simul dimi- titnr ad firmam pro aexaginta sex libris, tredecim solidis, quatuor denariis. " Et sciendum est quod Esperkeria Congrorum est quedam consuetudo, qua certi Tenentes Regis et alii, qui piscant Congros a Festo Pasche, usque ad Festum Saudi Miehaelw tenentur vendere Mercatoribus Domini Regis NOTES. 375 tantum, ad hoc specialiter per seipsum Regem, siveTeuentes, constilutis dnm lamen de pretio convenire possint. Sin autem, debent appretiari per homines ad hoc ex utraque parte electos ; et tuuc yendere posnuut cuicuu que v&luprint. " Nnta quod iidem Piscatores de minutes congris adeo parvis,quod possint pugillo per medium comprehend!, possunt facere quod eis placuerit, et tarn de magt.is quam de parvis accipere, pro captibus suis et suorum sufficientea pro dicta. " Et custuma Macquerellorum est quod Rex habet de qualibet centen- Macquercllorum captorum a Festo Pasche, usque ad Fes dim Sancti Michael is dedictis Teiientibus suis, et quibuscunque aliis extraneis ibidem venienti- busperid tempus ; duo denari Turoaetises. ' Etpiscium custuma est, quod Rex percipit,de quolibet Bucellocariato de piscibns versus Normanniam, vel alibi extra Regnum Anglic, duo solidi Tu- ronenses. Et de quolibet congrosalso, itaque sit de compositoduo Denarii, et obolus, Turonenses. Summa Ducentorum Sexaginta Sexlibrarum, tre- decim solidorum,et quatuor Denariorum Turonensium." We subjoin an English translation : Fishery, Our Lord the King also ha a revenue from a certain custom called the fishery of congers,and mackerel, as well as from the duty on all the fish of the Islands, the whole of which is farmed out for Two Hundred and Sixty-six livres, thirteen sous, and four de- niers. It is to be known that the fishery of congers is a certain custom by which some of the King's Tenants and others who fish for congers, between Easter and Michaelmas, are obliged to sell them to the King's traders only, who are especially authorised for that purpose by the King himself or his Te- nants, provided they can agree about the price. Otherwise they ought to be valued by persons chosen by both parties, and then it is in the option of the King's Trader, either to take them at the valuation, or not. In which latter case the fishermen may sell them to any one they like. Note. That the same fishermen may do what they like with the congers that are so small, that they may span them round the middle with their fist and that they may receive, from the large as well as the small fish, according to what they catch, as much as may be sufficient for their diet. And the duty on mackerel is that the King receives for every hundred of mackerel caught between Easter and Michaelmas by the said tenants, or by any strangers resorting there during that time, two deniers tournois. And the duty on fish is, that the King receives for every bushel of fish ex. ported to Normandy, or " elsewhere out of the Kingdom of England, two sous tournois ; and for ever,y salt conger, provided there be an agreement two deuiers, and an obole touruois. The sum amounts to 268 livres, 13 sous* and 4 deniers tournois." It is not improbable that the conger fishery lasted till it was replaced by that to Newfoundland in the early part of the Seventeenth Century. I should suspect th at Mr, Falle is mistaken about the illegal conduct of Otlio de Gran- disou, who was Lord of the Isles under Edward I- when we find the duty on coiigers recognised as a source of Royal Revenue long after that time hi th c 376 NOTES. Extentof 1331. The duty seems to have been levied in a mild and equitable manner. If Otho de Grandison levied 400 livres a year, the Extent estimates that duty to have been worth 266 livres for the fishery on Guernsey alone, to which if we add that of Jersey, it could not be less than 400 livres. W hether the widow of Otho de Grandison suffered severely or not for the exaction is im- material A disgraced or a dead courtier seldom finds sympathy,and men have never been wanting to plunder under the colour of law their fallen fortunes. Note 94, p. 111. Some of the carp and tench from that Pond, or rather small Lake,are occa- sionally sold in St. Helier's market. It does not now exclusively belong to the Seigneurs of St. Ouen, but is held also by others who possess parts of that Manor. The pond lies in some low meadows, where it is formed by the accumulation of the waters, that flow there from the adjoining hills. It is separated from the sea only by a narrow beach, and might be easily drained. It would be giving indeed more land to agriculture, but it would be at the expence of destroying the finest, and indeed the only large piece of water in the Island. Note 95, p. 112. Mr. Falle seems to have had a particular aversion to our great banks of earth raised for fences. Allowing the inconveniences he mentions to the full, if the country was either in larger inclosures, or was fenced out with naked and dreary stone walls, it would lose much of its beauty and conve- nience, and it is certain, that there would be hat few, who after having tried the experiment, would not regret its change. (SeeNote 141.) The legislature of the Island has long been at war with the unfortunate moles, and I have at this moment before me one of the Acts of the 6th of May 1675, for their extermination. It is needless to add that the moles have eluded at once the wisdom, the vigilance, and the severity of the States, and are more numerous than ever. Note 96, p. 113. The wants of the population have naturally augmented with ifs increase, and the supply has been in proportion ; for at this time, 1836, we are blessed with the residence of about 20 gentlemen, all interested in superintending the health of the community. The country is healthy,and generally free from epidemical diseases. It mast however be acknowledged that some parts of the town of St. Helier lying low,and being often inhabited by indigentstrangers, who do not pay sufficient attention to cleanliness, are insalubrious. When the Island was afflicted with the Cholera in 1832, it was in those places, and among that wretched class of individuals, that it exercised its most fatal ravages. Note 97, p. 113. There is a tradition that a tract of lowland extended below 1'Etac, in which there was a grove of oaks, aud that it is their stumps which are yet seen at NOTES. 377 low water mark. There are also stumps of this kind in Mounts Kay, near the Lands End. It is further said, that the submersion at I'Etac happened 400 years ago, and as a proof of this event, that there are still deeds extant for reuts due on that district. As I have not had the good fortune to see any of them, I may be allowed to express my doubts on that subject, though I am of opinion that the loss of that land is of the same period as the overrun- ning of the Queavais with sand, and that the loss of the latter was a neces- sary consequence of the former. (See Notes 70 and 9S.J Note 98, p. 114. According to M. Manet, whose Treatise has been so often quoted before, the great inundation of the sea, which formed the Bay of St. Michael in France, happened in 70S, long since the arrival of St. Magloire, and the death of St. Holier. It is to that period that we must most probably assign the loss of the land at I'Etac, and the desolation of the Queuvais district by drifts of sand. If so, Elizabeth Castle, or the Islet, as well as the whole of Jersey would have now remained without any further diminution of size for above 1100 years. But as it has been observed before, though the fact of those inroads of the sea is unquestionable, the dates, while we can reason only from probabilities, must ever remain uncertain. (See Notes 70 and 97.J Note 99, p. 115. The Vingtaines are still the same as in the time of Mr. Falle, except that the Vingtaine de la Ville deSt.-Helier is now divided into three districts, for the facility of collecting the poor's rate, and other duties belonging to the Vingtenier ; viz, The Canton du Rouge Bouillon, the Canton du Haul de la Ville, and the Canton du Bas de la Ville. The Vingtaine of Coin Tourgis at St. Law- rence was divided by an Act of the States of Dec. 10, 1796, into the Ving- taiues of North and South Coin Tout git. With these additions the Viugtaiues are now in point of fact, 54 in number. Note 100, p. 116. That hill continued such as it is described till the beginning of the present century, when it was sold to Government for the sum of 11,280 stg. by the commonalty of the Vingtaine of St. Helier. The sum laid out in the Eng- lish 3 per Cents produced a sum of 20,400 stg. Tbe yearly income of which has since been applied to the paving and other improvements of the Town. The affairs of the Vingtaine, as it is called, are managed by two Pro- curators or Agents, the right of electing whom is Tested in every person, who has a freehold within the Vingtaiue. Note 101, p. 116. The hill of St. Helier after having been purchased by Government as mentioned in Note 100, was fortified, and now forms the Citadel of Fort Re- gent, which commands at once the Town as well as Elizabeth Castle. It was many years before that fortress was completed, and is supposed to have cost the British Government about a Million Sterling. The difficulties that C 3 378 NOTES. existed, when the Duke of Somerset attempted to build a town upon that Mil nO longer exist, as Fort Regent possesses a large well, which, after im- mense labour, was excavated out of the solid rock, and now affords it an in* exhaustible supply of water. Note 102, p. 116. The Town of St. Helier seems, from its central situation, to have always been the principal place in the Island. The origin of its foundation is very ancient, or rather the precise date of it is lost in thedarkness of distant ages. It appears from ao Act of the States of 1601, during the time that Sir Walter Raleigh, the Governor, resided here, the town was a miserable dirty place, which was then ordered to be paved. It has prodigiously increased since the days of Mr. Falle, and by the last census of 1831, it contained 1917 houses. It has since that time received considerable additions, and the building of new houses is at this very moment proceeding with astonish- ing rapidity in every direction. Note 103, p. 117. This description of the former Market of St. Helier is correct, with a little exaggerating flourish however. The stalls and sellers of vegetables were exposed in the open air without auy shelter. The fish was sold on some stone steps in the Square, where the statue of George II is still erected. The corn-market was indeed under a piazza where is now the Royal Saloon ; but a viler or more offensive receptacle of filth never existed. The sham- bles were in a long low room, on the site of which was till lately a guard house, which is now used as a lock up room by the Police. There were two rows of stalls in those shambles, so that the buyers were frequently crammed upon each other, and lucky was he who could get home without the acquisition of some grease on his clothes, which he had obtained with- out purchase. The decorations were a petty barber's shop at the entrance, and a small room at the other end to weigh the meat. The Square is still as formerly, a place where people resort as to a fair, every Saturday, from all parts of the Island, to meet either on business or pleasure. It is a central spot, a kind of exchange where persons can meet without having the trouble of going to each other's bouses often situated in distant parts of the country. The inconveniences of the old market were at length so seriously fel t, that it was given up, and a new one erected at a great expence about the year 1800, which for regularity of architecture, convenience, and cleanli- ness, may well vie with any other market of its size in any part of the Bri- tish Dominions. The chief market days are on Saturdays and Wednesdays, but the market is open every day for the sale of meat, fish, and vegetables, of which there is a constant supply Note 104, p. 117. The town, had remained almost stationary from Mr. Falle's time till the French Revolution in 1789, when its prosperity received a new impulse frmn the- residence of French emigrants at that period. By the census of 183J, the TUW.I and Parish of St. Helier contained 16,027 inhabitants. NOTES. 379 Note 105, p. 117. The town church would not be sufficiently capacious for the wants of the population, had not other places of worship been since built within the parish. Of these there are three very handsome Chapels of the Church of England, in which the service is performed in the English Language, St. Paul's in 1810, St. James in 1827, and All Saints in 1835. There are also several dissenting congregations. The old Parochial Churchyard was closed in 1826, and a new cemetery was purchased by the parishiouers at the Eastern end of the Town. During the prevalence of the Cholera in St. Helier in 1832, the States purchased another burying ground at the end of the Parade, for the receptacle of the remains of indigent strangers. Note 106, p. 118. That Chapel was afterwards completed, and is used to this day according to its original destination for the performance of Divine Service. The right of nominating the Minister is vested in the householders by an Order of Council. Note 107, p. 118. The Harbour of the Tower of St. Aubiii was formerly the best in the Island, but the trade carried from it has greatly decreased since the improve- ment of the harbour of St. Helier. Add to this that a new Pier was built a few years ago close to the Town of St. Aubin, which has not only an insufficient depth of water, but in the opinion of some naval men has injured the Tower of St. Aubin. The Fort itself is very ancient and is mentioned in an Order of Council of 1651, but it is probably much more ancient. We subjoin Mr. Dumaresq's account of the Fort and Harbour, at its flourishing period, the reign of Charles II. "The Island where the Fort of St. Aubin is built, is also in the sea, and opens and shuts in the same manner as the former, but much less ; and nearer by half to a great hill, from whence it is commanded. It is kept by three or four files of musqueteers, that are drawn by turns from the other companies, commanded by a serjeant, that has his residence there constantly. *' There is a Pier almost finished, adj6ining to the North East Point of this small Island, which will be about thirty feet high at the head. Some three hundred foot long, and above thirty broad. Here all the shipping of the Is- land resort, it being the principal harbour. The conveniency whereof has occasioned a small town, called St. Aubin's to be built, consisting of about four score houses, that daily increases, and would much more, but that the same high hill, that commands the said Fort, binders it." (See Chapter, \.J Note 108, p. 118. The harbour of St. Helier was of little account in Mr. Falle's time, when nearly the whole of the insular trade was carried on from that of St. Aubin. No harbour owes less to nature than that of St. Helier, but in its present state, with its crowded shipping, its bustle, aud its contiguous quays and 380 NOTES; warehouses, it affords a proud and distinguished instance of successful in- dustry, the prodigy and the triumph of art over natural difficulties. Two cen- turies ago, the shipping employed in the Newfoundland trade, wintered at St. Malo, for want of a safe harbour in Jersey, according to Chevalier's Chronicle, who lived under Charles I. Some years before that, during the stay of the Royal Commissioners Conway and Bird in 1618, the States had petitioned the King to allow them to raise a small duty on Spirits to build a pier. That was subsequently granted by Charles TI Inl'668; but little, or rather no progress was made for a long time in constructing a harbour at St. Helier. We have the authority of Mr. Dumaresqfor ft, who wrote in 1685. We quote from that well informed magistrate. " There is a small pier unfinished under the Castle walls (~ Elizabeth'' s) at the Hast side by a sally port, where the Castle boats are usually kept, and where greater ves- sels may be safe ; but the entrance is narrow and daugerous, though good enough for boats. " There is also under the Churchyard of the said town, a shelter for boats, which with the help of the brook that comes down there, might (with no great charges,) be made to secure greater vessels, that would be a great conveniency to the commerce of that Town, which is at great charges to bring their merchandises by land from St. Aubiu's, which is above three miles, there being no harbour nearer for vessels of a considerable burthen. For the aforesaid Castle Bridge is only fit for the summer and fair weather. About half a mile from this Town, there was once a pier designed, and be- gan at the Western Point of the Town Hill, called Hcmre-Neuf, afore men- tioned ; but found inconvenient, and so laid aside, as since another at the South Point of the said Bill, called Hame-des-Pas^ was intended for greater vessels, than those it is BOW fit for, which use the St. Male's trade. But its entrance is also so narrow and full of rocks, that it discourages the bestow- ing any charges about it." (MS. of Philip Dumaresq, Chap. VII.J The Havre-Neuf, or as it is now commonly called,, the South Pier, was afterwards completed, and continued to be used, till a few years ago, it was found to be in a dangerous state,, when it was rebuilt on a safer & more scien- tific plan. That Pier & what is called the old Quay projects from the Western Point of the Town Hill, something in the shape of an elbow expanded nearly at right angles, which measured on Le Gros's Plan of the Town, of St. Helier, extends 240 yards out towards the sea with an average breath of about 35 yards. From Mr. Falle's time r (1734) till the beginning of the present century, St. Hclier had no other harbour. A road of about half a mile long, winding along the side of the Town Hill led from it to the Town. At low water the carts took a rather shorter way for reaching the vessels in the harbour, by going over the sands. About 1790, the States of the Island laid the first stone of the present North Pier. The work was then carried on for some time, and afterwards discontinued for several years, probably for want of sufficient funds. It was however since resumed, and by means of loans and an improved management of the revenue from the duties on wines and spirits, that magnificent undertaking was at length NOTES. 381 brought to its completion. It is calculated that it cost two millions of francs, or above 80,000, an immense sum for sach a small Island ! and what is still more remarkable, is that the debt which was incurred on that account is now nearly extinguished. Smeaton, the celebrated engineer, who had formerly built the Eddy stone light house, was here in 1788 & gave apian for a harbour at St. Helier's. It was not adopted, and would have been something smaller than the present harbour. When the works were resumed", our countryman, the late Duke of Bouillon, also furnished a plan in 1808, which in some measure partook of the boldness and magnificence of his own views. The North Pier would have been elongated tranversely at about 150 yards from its Southern extremity which was then finished, a little to the West of what is now called Castle Street. The bason would have then formed a kind of triangle, the base of which would have rested on the shore from Castle-street to the foot of the town hill in Mu 1 t-as ter-strcct. ft is difficult to make oneself intelligible to general readers, without the assistance of plans, and therefore we earnestly recom- mend a reference to the lately published plan of thp Town of St. Helier, by Mr. Elias Le Gros. What is called the North Pier is a mole of 540 yards long and 30 wide, running out seawards and parallel to the Town hill, till where it is separated from the South Pier by an entrance of 30 yards wide. The harbour itself on an average is 80 yards wide. Opposite to the North Pier is a wide road faced by a line of quays 400 yards long, where vessels load and unload. These quays were built by private merchants along the steep bank of the Town hifl, where the sea washed about 4'0 years ago over the sands and a ridge of low rocks. The rubbish required for filling up this artificial ground was mostly supplied from Fort Regent at the time of its erection. Such then has been the origin and the eventual progress of the important Harbour of St. Helier, which now possesses above 20,000 tons of shipping, trading to every part of the world, and procuring employment and support to gome thousands of a contented and industrious population. It is a tide harbour, but vessels of 600 tons may be safely moored in it. When it Is high water it presents the pleasing illusion of a harbour formed by nature on the banks of some mighty river, with life, hustle, and activity, with a bridge at the end of it, affording at all times a safe and expeditious communication. It is also amply protected against any hostile attack, being as it were sheltered within the range and cross fire of the guns of Elizabeth Cast Fe and of Fort Regent. Whatever maybe the opinions of professional Engineers about the comparative strength of those two fortresses, it is evident that neither could be taken by a coup de main, and that in case the attack was from the laud side, the shipping would have an opportunity to escape, or that if the enemy were masters of the sea, and Elizabeth Castle could not hold out, the whole of that shipping might be destroyed to prevent its falling into their posses- sion. Indeed both fortresses ought to be in the hands of the enemy, before he could have any chance to obtain the quiet possession of the shipping. On viewing the North Pier a thought naturally arises about its perma- nancy, and whether it has been scientifically calculated to give it sufficient 382 NOTES. stability to resist the pressure outwards, occasioned by the rush of such a large body of water confined between it and the opposite quays, or whether it has the required solidity to oppose the violence of the tides coming from the Bay, and which formerly spent itself against the banks of the town hill. It is needless to observe, that however nice and difficult may be either of those problems, a n. is take in either, might at no distant period, be productive of the most disastrous consequences. An opinion seems also to be extending itself, that the barhour is becoming too small for the rapid increase in the quantity of its shipping. Whether that opinion is well founded, or whether it would be prudent to make large and expensive additions to it, under the impression that that prosperity would be permanent, it would be difficult to calculate, and still more difficult to de- termine. Within these late years an immense line of Quays, called the Esplanade, have been constructed from the head of the harbour as far as Patriotic-place, on the road to St. Aubin, for a length of almost half a. mile. The expence has been defrayed partly by the States, and partly by individuals, whose property was about being eventually benefited by the undertaking. These quays are nearly on the plan of those projected by the Duke of Bouillon, ex- cept that they do not open into the harbour. Experience has not yet shown how far they may be bene6cial,.or whether they might not be prejudicial, by throwingback the violence of the surf against the North Pier, and augment- ing the swell in the harbour. Hitherto the only obvious advantage from it is that it facilitates the communication with the port for the Western Pa- rishes, and that it has secured private property against the incroachments- of the sea, and consequently improved its value. Note 109, p. 119. A substantial pier has been constructed within the last 2i) years, close to Mount Orgueil Castle, for the encouragement of a highly flourishing oyster fishery. The adjacent village of Gourey has grown into a kind of Town, and is already more populous than St. Aubin. A place called George Town, in St. Saviour's Parish, tho-jgh coutiguous to St. Helier, has lately become a kind of Town, and contains several hundred inhabitants, the greater part of whom are British. The country is indeed thickly in habited, but Mr. Falle is mistaken in saying that it more resemblei a gteat village than an open and champaign country. The population of the country parishes has also in- creased, but not iii the same proportion as that of St. Helier. Note\\Q, p. 119. It is probable that there are not so many of those kinds of houses built as formerly, younger brothers selling their shares to the elder, and running, as it is called, their chance in the world, that presents them in a commercial country a better prospect than that of being cottagers and labourers. One would suppose that Mr. Falle considered a population greater than the pro- duce of the conHtry could maintain, as an evil, when the contrary is the fact, provided it can obtain its subsistence by some other means. There is a NOTES. 383 curious Act of the States of the 25th of Sept. 1608, for the relief of the poor, in which it was recommended to compel some of them, if necessary, to emigrate to the colonies, (West Indies], to Ireland, or to New England. This country had then comparatively but little trade, and felt the serious burden of having a surplus population, without the means of subsisting it. Note 111, p. 120. Mr. Falle reasons accurately. A numerous, loyal, and industrious popula- tion form the wealth, and the bulwark of a country. Reverse the picture and suppose Jersey wa-. either oppressed or disloyal, government would hace to keep a garrison of 4 or 5000 men, and in time of war it could not trust the militia, or rather the Island would be so thinly peopled, that there would scarcely be any force of that kind. This state of things would be more expensive to the parent state, thau the privileges and exemptions, which the Channel Islands enjoy. The connection is so mutually benefi- cial, that it could not be dissolved without ruin to the one, and a serious injury to the other. Note 112, p. 122. It would be difficult to trace the commerce of Jersey from its earliest origin to its present flourishing state. It is evident that in ancient times it scarcely had any trade, though it appears from an Order of Council of 1551, that there was already a harbour at St. Aubiu. The beginning of our in- tercourse with Newfoundland is equally uncertain. Sir Walter Raleigh was Governor of Jersey from 1600 to 1603, and resided there part of that time, as appears from the proceedings of the States ; aod if a conjecture were to be hazarded, this Island is indebted to that great man for the beginning of that trade. It is incidentally mentioned in the Report of the Royal Com- missioners Conway and Bird in 1617, where the Governor is charged with having embezzled 130 pounds of the King's munition of powder at two sevcrall tymesfor the use of a skipp, in which he adventured to Newfoundland. Chava- lier in his Chronicle about the affairs of Jersey during the latter part of the reign of Charles I, mentions that our shipping employed in the New. foundland trade used to winter at St. Mai o, on account of the convenience of the ImrUour. Dumaresq who wrote under James II, mentions that trade as being then in a declining state. " While the Islanders addicted them- selves to the Newfoundland Fishery the number of shipping was the riches of it; for as it brought in ready money, many necessaries, and those sea- men increased husbandry ; for residing here in winter, they plowed and husbanded the land to maintain their families in summer while they were abroad to get money. But of late the French have so much outdone them, whether by being able to victual themselves at cheaper rates, or living more hard, that we have not above three or four ships, of twenty, that heretofore used the trade, and the late imposition in France upon Ehglish Fishing brought in there, of a crown per quintal, will more and more discourage it." (Chapter \\.) It would then appear that the Newfoundland trade had not 384 NOTES. declined in consequence of tbe wars that followed from the Revolution of 1688 to the peace of Utrecht in 1714, but that it had done so from other causes, some of which are mentioned by Mr. Dumaresq. When Mr. Falle wrote, in 1734, things had had time, after a peace of 20 years, to return into their former Channel. The Town of St. Helier had then a harbour, though an imperfect oue. From that time till the French Revolution, was the most prosperous period of the Jersey Newfoundland fishery, but the Island had then comparatively but little other trade. At the present moment, the Island, after so many years of peace, has barely kept up the trade to its former standard. But the progress in the other departments of trade and shipping with some of which our ancestors were totally unacquainted in 1734, has been immense, part of which is owing to the enterprising spirit of the times, and to the present noble and commodious harbour of St. He- lier. I subjoin a statement of the actual state of the Newfoundland trade, with which I have been favoured by John Le Couteur, Esq., oue of the Jurats of the Royal Court, who had procured it from authentic documents. Shipping employed in the British Fisheries on the coast of the Gulf St. Lawrence. Lower Canada. No. Vessels. Tons. Men employed from Jersey. Natives- 27 3893 517 950 Province of New Brunswick. 1 87 25 110 Island of Cape Breton. Nova Scotia. 10 645 180 660 Labrador. 14 1604 298 160 Island of Newfoundland. 27 2256 255 800 Totals 79 8485 1275 2680 These natives are men employed on the fishing establishments of the Jer- sey merchants, thus presenting a total of 3955 individuals who get their livelihood by those fisheries. These are mostly supplied with flour and biscuit made from foreign corn imported into Jersey. Note 113, p. 122. The running of Tobaccos into France, has very much decreased, or rather it is supposed hardly to exist. Before the Revolution the French Smugglers appeared openly in Jersey, where tobacco manufactories had been establish- ed almost exclusively to supply their demands. This state of things has ceased altogether, no French smugglers are openly seen, and what few manufactories remain, confine themselves to supply the home consumption. .Vote 114, p. 123. While the Stocking manufacture lasted, that concession was of much im- portance, and the distribution of the licences to import wool was a matter of NOTES. 385 srtme solicitation aud oven favour. The re-exportation of that wool to France was prohibited under the severest penalties, and was considered as one of the worst, and most disgraceful sorts of smuggling. Since the extinction of that manufacture, the grant has become unnecessary, as licences are no . longer required. The knitting of stockings was very considerable, even within the memory of man. It declined by degrees and has now ceased altogether as a branch of trade. From whatever cause it might have been, the discouragement of the poor knitters began from Ihe Jersey merchants, who were not only in the habit of allowing them the very smallest possible remuneration, but of pa4 ing them for the most part in goods. Thai and the superior cheapness at which stockings could be had from other places for the foreign market, have ruined that branch of industry. Nor is the loss now to be lamented, since the exertions of the population have been diverted into other and more profita- ble channels. This maybe called the land of knitters ; there is scarcely a female but who can knit. Strangers may remark it as a peculiar feature in the character of the people, to see females of the humbler classes, knitting as they move lei- surely along through the lanes in the country. Not many years ago they might have been seen in that attire going on a Saturday to St. Helier's mar- ket. There were also (les Veilles) or knitting parties, where a certain num- ber of people met to spend the winter evenings by the dim lamp of the ctastet, aud to begnile the irksomeness of those hours by knitting and telling of the strange stories of olden time: of ghosts, of witchcrafts, and of the dreadful persecutions, which drove so many French Protestants to such an asylum on our friendly shores. Mr. Dumaresq corrects an opinion that had been advanced (See his M.S. Chap* II.) that the knitters produced 10,000 pairs of Stockings a week, and sup- poses that 6,000 pair would be the more probable amount. Even this lower quantity would beenormous,somethingmorethan 300,000 pair in ayear ! Mr. Dumaresq is well worth quoting : "Half at least (of the population} depend upon the manufacture of Stockings. Mr. Poingdexter has very well observed, that by many probable conjectures, the Island was heretofore more peopled than now ; but passes by the chief reasons of it. For although the general ne- glect of husbandry, occasioned for want of hands, that apply themselves to that lazy manufacture, is a primary cause, as well as the overplanting of orchards, is a nearer one." (See Note 73 J " Neither upon inquiry do I iud the number of stockings made there to amount to 10,000 pairs a week, as some suppose, but believed by the most knowing to come to 6000, one week with another. And allowing three pairs for one pound of wool, as the ordinary sorts are, it will employ four score todds weekly, double the number of what we are permitted by licence to import, whereby it does not only bring a kind of monopoly upon those licences (under whose colour the merchants must endeavour to bring greater quanti- ties unlicensed by indirect ways,) but also it comes to pass, that the Officers of His Majesty's Customs of Southampton, (the only port permitted,) raise D 3 380 NOTES. another kind of import, sometimes by coutmiug at, and sometimes by seizing and forfeitihg the said wool." A manufacture which gave bread to half of the population of a country ought not to have been spoken of thus lightly, even if it occasioned some acres less to be cultivated. People will follow that sort of business which they find most profitable, and as to corn those places which can supply it at the cheapest rate, will be glad to sell it to those who can afford to purchase it- Note 115, p. 124. The system of rent charges is very complicated, seldom intelligible to strangers ; and few natives, except professional men are acquainted with it. Since the time of Mr. Falle, and in consequence of the prosperity of the Is- land, there would not be rents enough in the market to invest all the surplus capital. Part has been laid out in trade or local improvements,but the larger portion is well known to be invested in the public funds of different countries. The Jersey people are not in the habit of often buying land in England. Therefore the greater number of our easy fortunes are not derived from land or rents, but from trade or from the funds- The Jersey rents have however their advantages. They offer the means of investing small sums in the purchase of real property, without the incon- venience of its being liable to be paid off like a mortgage. The debtor of rents on the other hand, instead of bewg obliged to wait till he has accumu- lated a sum sufficient to pay off his mortgage, say 500, may disencumber himself gradually of the debt,by buyingand assigning to his creditor small sums of rent, as low as 8, or 10 at a time. The Jersey freeholder has the further advantage of being independent of the rentholder, as long as he can pay him his rent. On the other hand an English mortgagee may call in his mortgage at anytime to the great incon- venience and even distress of the mortgager. It is evident that a person thus situated, even when he can offer the best security, is neither so favourably, nor so independently situated, as the humblest Jersey rent payer. Again ; rent* being a real property, cannot be so easily squandered away as chattels by improvident individuals ; and as they follow the provisions of the Norman law of inheritance, they cannot be transferred from one person to another by unjust or capricious wills. When a person buys an estate, those rents are a substitute for an English mortgage. The buyer, if he cannot pay for the whole, remains charged with rents, the amount of which can always be ascertained from the Public Re- gister, so that any one having dealings with him may always know, whether, and as far as real property is concerned, he has to do with a man of good substance or not. This is technically called his guarantee, By law a man must pay off one fourth of the purchase of real property ei- ther in money or rents, and he may remain charged with the other three- fourths. Thw evidently facilitates the disposal of real property by extend- ing the sphere of competition, and enabling many to become freeholders, who could not be such under a different order of things. Must of the freeholds NOTES. 387 in Jersey are more or less encumbered with rents ; but if the owner is an in- dustrious man, he pays his rents yearly, gradually diminishes their quantity, and instead of being liable to be turned out of bis farm as in England, he may think himself as good as the first gentleman in the land. All transactions in rents are registered in an office for that purpose. Bonds may also be registered on making a special application to the Royal Court. All thee have a preference aver simple contract debts, and in bankruptcies have a right to be paid in full according as they are the most ancient in date- Rents are generally bought at 20 years purchae,ox 5 per centintercst. They are seldom paid in kind, or rather, every quarter of rent wheat was in con- sequence of the then existing abflsos, commuted in 1797 into a yearly pay" ment of sixteen shillings and eightpence. The rents due to the King and a few other privileged rents form an exception, and are still paid according to the price of corn. Some of the rents areybnacre, or ground rents, that is, Thai the owner cannot assign or buy them off, without mutual consent, so that the incuin brauce on the estate is perpetual. They are worth Is. 4d. a quarter, a year more than the assignable rents, and sell generally at 25 years' purchase. All these rents are brought into the market, and vary, more or less, in price, according to the demand, or the goodness of the guarantee ; not unlike the transactions on the Stock Exchange. The system of these corn rents is very ancient, and on the whole is well calculated for this Island. There are however disadvantages annexed to it, the first of which is, that these rents may be split into mere fractions, and that to collect 100a year, you may have to go to as many, or more renters, on different parts of the Island, and in case of bad payers, one must ha*e recourse to a -legal pro- cess, which though cheap and summary, yet causes some delay .and expense, and till lately obliged one to attend the Court in person or by an Agent. Nor can the debtor be sued put of Term.,. Add to this that forbearance ag- gravates the evil, that an embarassed freeholder, will only pay the most pressing, and that after having run his reuts one with another 4 or 5 years io arrear,he becomes a bankrupt by cession,(ces'o bonoium.'jso that after having subsisted during that time at the expence of the renters, such an individual 1 eaves his estate incumbered with from 20 to 25 per cent more than he owed when ho first became insolvent. The law expences attendant on the bankruptcy, or the conducting of the Dtcret as it is called, depreciate the estate still further, till a very heavy loss is realised by the several mortgagees. (See Note 162), There are also some nefarious practices attendant on rents, some of which I may barely mention. A. buys an estate from B. worth 300 in rents, but as he cannot clear off one fourth of the purchase money, or 75, a deed is executed whereby the estate is nominally sold for 400, the fourth of which is cleared off by a fictitious sum of good and lawful money of the country The property thus remains in fact charged with rents to its full value, so that on the least reverse or depreciation, tbe owner inevitably becomes a bank- rupt. Tliis is what is called in derision, a contract in the air, (contrat en Pair}. 388 NOTES. A. has got an estate already deeply incumbered, bnt wishing to raise money, he applies to some unprincipled person or other, and who having no property himself, can offer NO additional security ; to whom he conveys it for more than it is worth, say for 500 what is worth but 400. He then goes into the market and sells rents on the mock purchaser, perhaps a mere man of straw, who after the job has been completed, resigns his bargain to the first seller, who thus becomes chargeable with all the rents he has cre- ated. But/he cannot hold out long under such an accnniulating pressure of debt, he becomes a bankrupt, and the purchasers of rent who had but this delusive security, inevitably lose their property. A. has debts on rents and on bonds ; he does not owe to the amount of his freehold, but on the whole, he is insolvent. Wishing to favour one of his creditors B, he conveys him a part of his freehold in payment of a simple Contract Bond, which enables this worthy creditor B. to be raid in full, when his brother creditors may not perhaps receive half-a-crown in the pound. The only precaution that the parties have to take is to have those deeds executed unknown to the other creditors, and at least ten days before any act of bankruptcy is committed, as otherwise those deeds would be cancelled. .And this is a poor remedy fudeed against an experienced sharper ! A. sells a piece of ground for building, and a good house is raised upon it in due time. From the timber merchant to the glazier, the credulity of all trades is put in requisition to furnish supplies on credit. The builder sells rents on the house in the mean time, till after having spent their produce, he too becomes a bankrupt, the renters, or the seller of the land, being registered debts, take to the house, and the tradesmen who had in fact furnished the means of building it, lose the whole of their claims, and have no other consolation left to them, than that of haying added one good house more to embellish the town of St.-Helier. A man applies to the Court to have his wife's estate separated from his own, (separation quant aux biens), whereby the lady recovers all the rights of a single woman. The husband's chattels in some cases soon disappear, and as to the real property, the greatest part is conveyed to the wife : enough being just left, to prevent the Court from refusing to make him a bankrupt. I should remark that all freeholders have an undoubted right to renounce or make their cessio bonorum, while others who are not free- holders, are entirely subject to the discretion of the Court, who if not satis- fied with their honesty, may suffer them to remain for years in prison. All deeds ought to be executed in public before the Bailiff and two Jurats. In case of the illness of either of the parties, those deeds were at first on payment of a small fee allowed to be executed in private. In time that grew into an abuse, and most people who either disliked the publicity of that ceremony, or a long attendance in Court, had recourse to that icdulgence. The next step was that when any individual thought it prudent to conceal his own transactions from his creditors, he naturally had recourse to this very convenient expedient. Hence arose a fruitful source of fraudulent bankruptcies ! The only way to prevent this abuse would be to abolish the NOTES. 380 private execution of deeds except in cases of real and welf attested illness. The only remedy which the law affords now to the creditor, is that when he" suspects any deed affecting his interest is about to be executed by his debtor, he may lodge an inhibition with the Bailiff, which prevents the debtor from selling 1 any real property, till the question has been tried before the Royal Court. There are however inconveniences in allowing 1 registered debts to have a preference in all cases. A. has an estate worth 2000 incumbered with 200 worth of rents, and 1000 of personal debts, but being desirous of disinheriting his family and cheating his creditors, he executes a sham bond that he has borrowed 2000 from B. The bond is then registered in due form in the Royal Court, where it may lie forgotten till A. departs this life, when B's debt has the preference, as under those circumstances of insol- vency, the lawful creditors are obliged to abandon their claims I These ne- farious abuses are mentioned, not only to guard the unsuspecting stranger against them, but in the hopes, that the exposure of ouch blots on the cha- racter of the country, and on the integrity of those unprincipled practi- tioners, who lend their assistance to such proceedings, may in time be effectually removed. These are some of the most glaring and nefarious practices connected with rent transactions ; but it is unnecessary to enter into further details on that subject. When it begins to be whispered that any man's affairs are embarassed, all his freehold property becomes nearly unsaleable, for the obvious reason, that in case of an approaching bankruptcy, the last purchasers would lose their rents by being the first to be ejected. It is indeed an evil sign of the times, when property is advertised week after week, and remains unsold. The individual cannot mistake the opinion the public entertains of his cre- dit, and such a state of things is generally the prelude to a bankruptcy, To say that a man's guarantee is bad, or that he is embarassed, is actionable, because it tends to prevent the sale of his property. Hence people are very careful about what they say on the subject, and many an unfortunate stranger has been the victim of not having received seasonable advice, before buying property, which was puffed up in the Newspapers, but about which it was already understood in almost every quarter, that an ejectment would be the inevitable consequence. To enter fully into the various nature of all those frauds would rather require a pamphlet, than the limited extent of a Note. I have avoided a technical phraseology as much as possible, to be intelligible to strangers. It is not sufficient that the guarantee of the seller of real property should be good. Reference must be made to the solvency of the individuals from whom he may have made purchases at any former period. Thus A. has bought 30 quarters of rent from B. and sold it to C. Subsequently B. becomes a bankrupt, which draws on the ruin of A. after if, so that B. is dispossessed h is rent,of which finally goes to a fourth person, who is technically called the tenant of B. (Sea Note 162.) 390 NOTES. One ougbf to be fully impressed with the extreme caution necessary to be* used by all, but by strangers in particular, when they buy real property in this Island. The danger may however be easily avoided by adhering to the general rule of never purchasing icithout a good guarantee, or purchasing from a man of unquestionable good freehold property* To obtain that indispensable infor- mation, it must be done by applying to some respectable professional man > who will ascertain the amount of the real property of the seller from an inspection of the public Register,. and by whose advice the applicant ought to allow himself fo be directed. The fortunes of individuals are sometimes estimated in sterling money, and sometimes in quarters of rent, by the former in the town, and by the latler in the country. The amount mentioned by Mr. Foils, is even at this time, thought in the country parishes to be a handsome competency, and represents a class of respectable yeomen, who farm their own small estates, and who by their industry and frugality are among the most honourable and independent men iu his Majesty's Dominions. Note 116, p. 124. Mr. Falle speaks the opinion of his times about Gavelkiud. As earljr as 1617, the States presented a petition to the Royal Commissioners Conway and Bird, who were then in Jersey, and expressed themselves as follows : " And for so much as this Island is much weakened by means of continual parti- tions, which is marie of lands and tenements among coiieires ; It in ay please the Kings Majestic* by your good meanes, to grant liberty unto such of the inhabitants, as shall sue unto his Majestic to entayle soe much of their lands, rents, and tf.ne- mentt upon their heires, to remuine impartible for the better maintenance and conti- nuance of their houses, as the parties shall bee willing, or shall be thought jilt ." This request was granted in 1619, and finally settled, by an Order of Council of the 17th of June 1635, which facilitated the making of entails. " Whereas the island is much weakened by partition, the lands there descending, two parts to the sons, and one to the daughters : It was thought Jitt, that for the remedie of the inconveniences thereby, His Majestie^s Attorney Generall should prepare a Commission, (as hath been formerly directed, by the ordinances made in July, 1619,) unto the Governor, Bailiffe, and Jurats, calling to them his Majesties Procurator there, authorising them to give Patents under the Seale of the Bailiwiche of that Isle, to all such persons as shall desire it, to entayle soe much of their lands and rents upon their heires as to remaine impartible for the better maintenance and continuance of their houses, as the parties think Jitt ; provided that the greatest entayle exceeds not One Hundred Quarters of Wheat, Jersey measure.'"'' Mr. Le Geyt wrote a treatise on Entails, in which he entered fully into Mr. Falle's views. It is to be observed that several of the larger estates in J n rsey, were entailed according to that Order of Council. At present pew entails sqldom take place. About 1760 the entailed estate of Bagot and Mleches having been renounced or bankrupted^ the owner, the creditors sei/ed it, which was resisted by the heir, when our Royal Court, decided that the creditors should enjoy the proceeds of the estate only during the life of NOTES. 391 he Bankrupt. This was afterwards reversed by au Order of Council, which awarded the full possession of the property to the creditors. It appears then that those entails are very imperfect, since they may be barred by the bankruptcy of the actual owner. Mr. Falle has taken the unfavourable side of theGavelkind question. Aa it exists in Jersey, it is not strictly so. The eldest son has (he house, and other advantages, which under different names leave him nearly half of the estate, and sometimes even the whole, when the property is small, as the primogeniture is always first allowed. An estate cannot therefore be " re- duced almost to nothing." After the primogeniture has been deducted, two thirds of the remainder are to be divided equally among the boys, and the remaining third amoug the girls ; with this exception however, thata daugh- ter can in no case have a larger share than a sou. When there is a large family of daughters, their proportion is so very small, that one might say there is no Gavelkind at all, the hardship of which is felt so much the more than in England, as the parents cannot remedy it by the bequest, of a will but are often obliged to have recourse to indirect, and sometimes illegal means, to make an adequate provision for their several children. A widow's dower is almost indefeasible, nor can it be barred by the hus- band selling his estate without her consent. The purchaser then becomes liable to the dower. This principle however applies but to property, which the husband possessed when she married him. Subsequent acquisitions may be sold without the wife's consent. This ample security for the widow's provision by dower, is the cause that there are comparatively but few mar- riage settlements, as far as real property is concerned. With respect to chattels, when a man dies without children his widow is entitled to one half. In no case whatever can land or rents be devised by will ; and with respect to chattels, a man is obliged to leave one third to his wife, cue third to his children, and the third is at his own proposal, which in many cases is left to the widow, as It is very seldom that one hears of those unnatural or capri- cious wills, which are the disgrace of other countries. A parent is not even allowed to favour one child more than another. Wills, or transactions con- trary to these general principles are, ou detection, immediately set aside, or modified, or as lawyers call it, abated. A man may sell the freehold of his inheritance, but at his death, if he should leave personal property, it is to be restored to the heir, before a will can stand good. This rule does not apply to freehold property acquired by the late owner, who may sell it, and is at liberty to devise the proceeds of it by will. II is not contended but that there may be abuses and inconveniences ia partition by Gavelkind, but that the advantages preponderate in a small conntry like Jersey. If the pride, the industry,or the good fortune of one man has raised a large fortune, it is scattered again in the next generation, and his descendants are restored to that enviable mediocrity, which is the source of liberty and hap- piness. If the descent of property had been regulated here as iu England. $92 NOTES. the island would long ago have become the property of a few powerful fami- lies, which would have left no intermediate class between the !ar"-e landlord and the dependent rack-renter. It is to the principle of Gavelkind that we owe the class of the substantial Jersey freeholders, (principavx de paro:sse,') who are at once the boast, and the protection of their country. In a small commercial community, it is to be desired that there should be a great deal of general ease, and comfort, but no overweening affluence, no aristocracy to exercise any superiority over its fellow citizens. Under this system the country has flourished. Perhaps no population anywhere pos- sesses collectively a greater aggregate of wealth, at the same time, that there is scarcely any other place where a population of equal numbers, could shew so few very splendid fortunes. Gavelkind, if the expression may be allowed, corrects itself. When the shares are small, the younger sons do not think of farming them, but sell them to the elder brother, for money or rents, and go into business. As to the daughters, being married into families at a distance from the paternal estate, their small shares likewise revert to the elder brother by purchase, who is often enabled to effect it by his own wife's portion. It is therefore so far from being correct, that estates are reduced almost to nothing, that very few indeed could be found, which are materially diminished by partitions, and none, whose relative agricultural produce is affected by them. Note 1 17, p. 125. The language is a bad provincial French, with some local peculiarities, and a few English words. It does not seem to have been altered for some centuries, and indeed it is more likely to become extinct than to be im- proved. We add a specimen of French as it was written 250 years before Henry II, of France, and under the reign of our Edward I. It is a letter from that Prince to Otho de Grandison,then Governor of Jersey. It appears from the Fcedera that Otho de Graudison was still living under Edward III in 1337. A. D. 1297, Fcedera, Vol. I, Part II, p. 871. " Le Roy a son foial et loial Monsieur Ottes de Grantsou, Saluz. Come autrefois vous eumes mande, par i!os lettrcs que vinssiez vers les parties de Flandres ; si que vous feussiez quand nous y serrons vennz. Vous feisons ce savoir que nous alons vers la mer, ou nous devons passer, de jour en autre, tant come nous povons : E, si tost, come nous serons venuz au port, nous et nos gchtz serrons, si Dien plest, si prestz de quant qui mes- tier nous est, que nous n'attendrons, ne atteudre convendra, fors que. la volume de Dieu et temps convenable, par quei nous serrons en Flandres bien par temps a 1'ayde de Dieu. E nous mandons que vous veignez ylveques, au plus tost que vous porrez, en bone maniere, e que nous vous y truevons a uostre venue, s'ensi n'est oit, totes voies que vous veissiez que vostre estre par ailleurs, nous peust estre plus profitables, e plus grand tenir, &c. We quote an extract from the Encyclopedic IWefhodique, Geographic, Tome II, Art. Jersey, which gives us some particulars about a poet of our NOTES. 303 own, whose name is scarcely known. " Robert Waice, Poefe, re<;ut le jour a Jersey vers le milieu du XII siecle. II est Pauteur du roman de Kaou et des Normands, ecrit ca vers Frat^ois ; ce livre fort rare, est important pour ceux qni rechercheut la signification de bcaucoup d'ancicns termes de notre langue." Note 118, p. 126. It is not the names of the Gentry that are of the greatest duration in any particular district. The comn.on people are less likely to remove into other countries ; for they are like Claudian's old man of Verona,the fixtures of the soil, and their names are perpetuated generation after generation in the Parish Register, or even among the accounts of the Overseer for the main- tenance of the poor. The writer of this note has before him a Copy of a Record from the Ar- chives of the English Exchequer of the 21st of Edward I, of some Assizes held in Jersey on St. Clement's Day, the 23rd of November, 1292. This Record is a mere muster roll of names, and is so far curious, that it contains the names of many of the families that still exist iu Jersey, though some of them are yet, as they were probably then, in the lower grades of society. The insular establishment seems to have been then, nearly as at present. Denys de Tillebury was Warden of the Isle. Peter Draitiz, his Receiver, or Steward, and John De Carteret was Bailiff. The reader may not be sorry to have the names of the Jurats of that period. Reginald de Carteret. Thomas Payn. Peter Draitiz, Philip VE- vesque. Nicholas Tourgys. Gilbert le Petit. Raoul des Augres. William le Petit. Jordan du Maresq. Henry Payn. Philip Fondan. Jordan Norman. The inferior officers now called Prevots, were then styled Bmdatii or bor- derers. It is remarkable that St. Clement and Grovville, had then as at present but one Prevot, and that St. Ouen is not in the list, the duty of which, was then probably, as it is at this day, performed by the Prevot of St. Mary. St. Peter and St. Mary had each two Borderers. Among those twelve individuals we still find the following names. Aubin. De LaVille. Le Starck. Du Val. Chevalier. Le Maistre Bequet and Heraut. The next Officers in the Record are called Jurati de Barrel, or Jurates of Heriot. Each of the twelve Parishes had six, the precise nature of whose functions, it might not be easy to ascertain. They were probably persons sworn in to keep the peace, and perhaps to decide also any inferior contro- versies arising among their co-parishioners, combining the duties of our present Police officers, with those of the apprecieurs, or valuers of land, both of whom are to this day chosen by the Parochial Assemblies. The surnames that are still in this Island are as follows. St. Holier. Balliol, Hamon, Vaudyn, Le Cerf, and Curieis, probably badly spelt for Crucis, and intended for La Croix, or De Ste.-Croix. St, Clement. Sarre, D* Alain, Baudeyn. Grouville- Le Dain, Le Fevre, Hubert, Ayer. St. Martin. Ahier, Noel, Pallet, St. Saviour. Hubert^ Norman, Alitandre. E 3 394 NOTES. St. John. Warren, Le Grot, Notman, and de Caleit, probably Colla.i. St. Peter. Allet, Le Marchand,anA Videcok, probably Wilcoks. St. Lawrence. Michel, Gallichnn, Morell, Hubert. St. Mary. F.stur, De Camp, HerauC, Le Fevre, Le Blanc. St. Oiien. Le Bus, Grantez, Huelin, Le Neveu* Trinity. ll'afer, Le Cras, Philippe. St. Brelade. Bagot, Vibert, Scale, De La Moye. That curious document is said to have been extracted on the 15th of June 1615, by Arthur Agarde, (De La Garde) one of the Clerks of the Ex- chequer, and was probably obtained by John Herault, the Bailly, who was in London at that time, concerning his litigations with Sir John Peyton, the then Governor. Note 119, p. 126. The Seigneurs of St. Ooen and Trinity are the most ancient in the Island, and there is no record of the time when they came into the families whose descendants still enjoy them, though in the female line. All the other prin- cipal Seigneuries, as far as we know, have changed families, either by pur- chase or bankruptcy, from that of Meleches under the reign of Charles II to that of Vinchelez, which passed a few years ago, by purchase, from the De Carterets into a new family. At the Assizes of the Justices Itinerant, Scarborough, Norton, and West- cote, held at Longueville, in St, Saviour's parish, in 1331, Reginald de Car- teret appeared for the Seigneurie of St. Ouen, in whose male line it conti- nued till 1776, when it fell by inheritance to the Le Maistres who now enjoy it. Richard de St, Martiti also made his appearatice at the same Assizes for the Seigneurie of Trinity, a female of whose family carried it into that of the Lempriere's, early in the Sixteenth Century, and on the death of her grandson Giles Lempriere, in 1585, his heiress married Amice De Carteret, a younger brother of the family of St. Ouen, with whose descendants it remains to this day. Note 120, p. 128. Since Henry VII, the Islands have not only had separate Governors, but in Jersey there is a complete division of power, which has left the Governor little more than the military department. That circumstance has been so well described by John Heiault, who was Bailly under James I, in a petition to that Sovereign in answer to some articles exhibited against him by Sir John Peyton, the then Governor of Jersey, that the reader will not be sorry to see it in this place : " King Henry VII upon complaints made unto him by the inhabitants of this Isle, howethe Castle there had not longe before fallen into the hands of the enemie by mcanes of the unlimilted power assumed by the Captain to the utter ruine of many of his poore and faithfull subjects, who had recovered the said Castle with losse of much blood and of ll>eir substance, rememberinge also, howe in the begiuuinge of his Raigne, one Sir Richard Harleston, takinge the opportunity of the troubles of those times, thought to have made himselfe under tire protection of the French and of NOTES. 395 the olde Dntchesse of Burgtmdi e. Lord of that Isle, if hee had not beene prevented by the diligent care and valour of the inhabitants, who having dis- covered his pernicious intent, sent soespeedie advertisement thereof to the Kinge, and used such diligent and good order amongst themselves, that the said Harlcston was forced by siege, before he could receive his succours, to yield the said Castle unto the Kinge, which consideration moved that most wise Kinge for the avoydinge of all such inconveniences in time to come, to limitte the power of the said Captaines. And to that effect his Highness made divers statutes for the preservation of all his Royal Rights there, unto the Crowne, whereby amongst other things, it is provided that the said Cap- taines shall not intermeddle in the nomination, or institution of the officers of justice ; and that they shall have noe jurisdiction, nor shall execute, or cause to bee executed any act or exploit of justice, either ecclesiastical!, or civill ; but are commanded to leave the same unto the Bailly and Justices, upon paine to incurre the Prince's displeasure. Which statutes your Ma- jestie hath been graciously pleased to ratifie and coufmne ancwe, not yet two yeares since, &c " Mr, Falle's account of the fall of Sir Richard Harlistoo is incorrect, which has been caused by his having implicitly followed the Jersey Chronicler, in his 7th Chapter, who does not say a word about the siege of Mount Orgueil Castle to expel that Governor. It must be remembered that the affair of Perkin Warbeck did not happen till 1492, or the 8th of Henry VII, while on the other hand the Patent of Matthew Baker his successor, is dated West- minster, July 23rd, in the 3rd of Henry VII, consequently Harlistou bad lost bis place some years before the appearance of Perkin Warbeck. As to the existence of that siege, it is ascertained not only from the above quotation from John Herault, but also from the curious Deed already men- tioned at Note 85, containing an account of the contributions to retake that Fortress. It is dated June 17th, 1488, or the 4th of Henry VII, and mentions Matthew Baker as already Governor. The siege was carried on by Edmund Weston, the King's Commissioner. The Document is so curious, that we will insert it here. " Atousceulx qui ces presentes Lettres Verroatouorront, C16ment le Har- dy, Baillif de notre Seigneur le Roy d'Angleterre en PIsle de Gersey, salut en Dieu ; Savoier faisons quexviimo jour du moyes de Juing Ian de Grace Mil cccc, iv vingt et huit, avoier veu plusieurs Billes de complaynte, comme lesdits complaigoant ont rapportoy par devant Honorable Homme Matthieu Baker, Escuier du corps, Cappitaiue du Chasteau de Mont Orgueil, Garde et Gouverneur General de ladite Isle pour le Roy notre tres redoutable et Sou- verain Seigneur, et par devant laJustisse, comme en temps que Edmond Weston, Commyssere du Roy notre dit Soureraiu Seigneur tenant le siege dcvant ledit Chasteau, pour en maittre hors Richard Harliston fist eraprun- tey grand somme d'argent pour prescns, gens, ct vivres 11011 payes, par le Rapport (lesdits Complaignaots, dont les noms ensuyvent : Le Coonestable de Saint Pierre xxii escus ; le Connestable de Saint Laurens, iv escus, xx sols ; le Connestable de Saint Johan xvi escus ; Item vi escus, xx sols ; le 390 NOTES. Comieslable de Saint Martin x escus, el un mart ; le Conncstable de Saint Oiin x escus ; le Connestable de Saitite Marye iii escu*, x sols ; le Connes- table de Saint Sauveur xviii escus ; Le Conneslable de Saint Laurens xlviii escus. Sire Thomas Aliier, Prestre, un escu d'or et une maille au trayt, Johan le Franconnier un csca ; Johan de Carteret un escu ; Item pour aultres petites Billes xxiii escus et x deniers. Item pour xii pipes de Sydre xivesca*. Item a Nicollas le Mariuel vi escus. Item a Estienne la Cloche mi escu, Item a Guilleaume Robert x escus. Item a Ralf Stockall x escus. Item a Thomas Blampy xxv escus. Somme totalle comme it apparoestpar les Billes. (*) iiii c. Ixiii escus, xv sols x deniers. Et en oultre les gaiges de demy an de xxv hommes. En tesmoing de ce nous avons myos et ap- pendu le seel du bailliage de ladite Ysle en la Presence Philippe De Cateret, Johan Nicolle et Johan Poingdestre, Jures du Roy. Donne comme dessus." It would then appear from this Instrument, that it is an official statement of the claims made on Matthew Baker for the expences incurred in the ex- pulsion of Harliston, and that the siege or rather blockade of the Castle, lasted half a year, and that only 25 men received pay, so that the remainder must have served gratuitously during the siege, and probably were a native force, consisting of a body of militia, as it was trained at that period. That this militia existed in some shape or other as early as Edward III, is certain. fl-Kdera A.D. 1337, j. 969). Note 121, p. 129. There is a tower in the upper ward of Mount Orgueil Castle, with an in- scription over the gate way, cut on a Portland stone, which is now partly, if m>t entirely illegible. Perhaps this may be the Tower mentioned by our Historian. We cannot take leave of Harliston, without expressing some sympathy for his fate, and for the persecution which his heroic daughter Margaret de Harliston and her husband Philip De Carteret of St. Ouen, suf- fered afterwards from the cruelty of Matthew Baker and Clement Le Hardy, the former the Governor, and the latter the Bailly of Jersey. (See Chronigues de Jersey, Chapter IX xii.) The history of Margaret de Harliston as de- tailed in those Chronicles, wants only the pen of some Walter Scott, to give it all the interest of one of the tales of olden times. Note 122, p. 129. His government was long, and lasted between twenty and thirty years. The Chronicler is very ample in his account of him, from which it seems that at one time he was intimately connected with the then powerful family of the De Carterets, and that at another he was at variance with them, especially with Helier DC Carteret, the Bailly. But as his character is only to be found in the Chronicler, who was evidently a retainer of that family, it ought to be read with some caution. This allowance on retiring in his old age, was not (*) The amount does not correspond, which is probably owing to seve- ral of the claims not having been expressly mentioned in the Deed. I ap- prehend that iiii c. Ixiii means 463 crowns, &c. NOTES. 397 so scanty, as Mr. Falle would suppose, considering the relative value of money, and the revenues of Jersey in that age, which were further burthen- ed with the charge of its civil and military establishments such as they then were. I would rattier suppose that it was a fair retiring pension for those times, and that Sir Hugh Vaughan, had neither incurred the displeasure, nor retired with the pity of his Sovereign. His Patent is of the 17th of Henry VII. That of his immediate successor Sir Anthony Ugh t red is of the 17th of Henry VIII. The two next Gover- nors held the office but a short time. The Patent of Sir Arthur Darcy is of the 25th of Henry VIII, and that of Sir Thomas Vaux, (for so he is named in it,) is of the 27th of the same King. .Vote 123, p. 130. It was not to be expected that a man of such high influence at Court, as the Duke of Somerset, would reside much in Jersey. Though he governed it by his Lieutenant Governor, Henry Cornish, lie was not however inattentive to our local affairs, several instances of which are to be found in the Records, which began lobe kept in some kind of order about that time. It was during his government that the Reformation, as well as the Liturgy, were introduced in Jersey. There is a curious letter from him to the States, which were held in Trinity Church, in which headdresses them in the coarsest language, on the ground, that they were backwards in supplying the funds necessary for their defence. The idea of fortifying the Town Hill, but which was then laid aside, and not carried into effect till the begiuningof the present century, originated with that nobleman. These different objects which happened during the Duke's Administration are mentioned in an Order, or Letter of Council } as it was then called, of the 15th of April, 1550. His government lasted from the 28th of Henry VIII to the 4th of Edward VI, or about four- teen years. ./Vote 124, p. 131. Sir Walter Raleigh, succeeded Anthony Paulet in the Government of Jer- sey in 1600, and held it till the accession of James I,in 1603. He was by his Patent to enjoy the Royal Revenues on condition of supporting the insular establishment, and remitting yearly 300 to the Exchequer. {Seepage 185). His heroism, his misfortunes, and his sufferings are too well known from the history of England, to require being mentioned in this place. It may however be observed that he resided here in 1602, and that the greatness of his mind was perceptible even in this narrow sphere of action. It appears from the Records, that the States met frequently during his residence, that he was generally present, and that he kept the Island on the alert with the fear of a Spanish invasion, probably from the Netherlands. It was during his government, that a public Register was established for real property, which according to Mr. Le Geyt had bean recommended more than forty years before, in the early part of the reign of Elizabeth, but had not been car- ried into effect. It has already been said in a former Note, that, from a pas" sage iu the Report of the Royal Commissioners Con way and Bird in 1619, it 308 NOTES. was Sir Walter Raleigh, who first established the Newfoundland trade iu Jersey. We refer the reader to what has already been said at Note 112. Note 125, p. 131. These situations are particularly independent, and as it appears from their Patents, had for a long time been granted for life. The appointment of the present Bailly, Sir John De Veulle,in 1831, was granted only during plea- sure. The manner of recommending those Officers has also been modified. It was formerly literally undersiood, as was propably the original intent of the Patent, that the Governor should not interfere in recommending to those appointments. (See Appendix, pc*ge 224.) That continued to be the case till 1802, wheu the Royal Court recommended one person, and the Lieute- nant Governor, Lieutenant General Andrew Gordon, recommended another to the vacant place of King's Procurator. Thomas Le Bre.ton, Esq., the nominee of the Lieutenant Governor was appointed, when the Court refused Jo swear him in, on the ground that it was an incroachment on their Privi- leges. This led to some, spirited Representations on both sides, till at last the Gordian Knot was cut by an Order of Council, directing the Jurats to swear in Mr. Le Breton, under pain of incurring the Royal displeasure, and that the Lieutenant Governor among others had a right to recommend. The literal meaning was that he might do it as any other private man ; but it was ift fact granting the power to the Lieutenant Governor, and taking it from the Royal Court, who, could that body divest itself of intrigue and party feeling, are the best judges of the fitness for such an Office. The Patent of the Bailly John Herault,is registered at Heritage, 2lst Sept. 1615. Note 126, p. 132. Sir George De Carteret, into the merits of whose administration we have so largely entered at Note 46, obtained his office of joint Governor by a Pa- tent of the 2d of Charles II (1650) and held it till the reduction of the Island in December 1651. It is supposed that it was not merely from interested motives that Sir George solicited the office, but to prevent the Island from falling into the hands of France,through the intrigues of Henrietta of France, the Queen Dowager, and those of Lord Jermyn, her favourite. Note 127, p. 133. ' Sir Thomas Morgan was certainly a brave and gallant officer, and he is frequently praised in the manuscripts of Dumaresq and Le Geyt. According to the latter, when on his arrival he was requested to act before he had been sworn in, his noble and constitutional answer was : " Till my commission has been presented to the Court, I am absolutely nothing." J\ote 128, p. 133. It appears from some Acts of the States, and from some Orders of Council of that period, as well as from Le Geyt's Jurisdiction, Article Gouvernevr, that Sir John Lauier governed the Island, in an arbitrary manner, in which he had been Opposed by the inhabitants. This might have been one of the rea- sons, if not the principal, for his removal at the accession of James II. NOTES. 399 Note 129, p. 134. This nobleman had held his Patent from 1660, till his death under Queen Anne, or 43 yr>ars. It is not generally known that he left a considerable sum to tlie poor of this Island, which the States afterwards ordered to be divided among the several parishes. This generous proceeding of Lord Jermyn is the only one of the kind in the history of the Governors of this Island. Note 130, p. 134. The drain is nol now felt, as it might have been in the days of Mr. Falle, when there was yel but little trade, and the remittances were generally made in specie, which materially injured the circulation of the country. It is not more than 80 or 90 years ago, that payments to a considerable amount were often made in Hards or small French copper. This must have been owing to the poverty of the country, as there was no deficiency of French crowns in that part of the reign of Louis XV. For many years the office of Governor has been bestowed on men of high rank and interest, with the enjoyment of the King's Revenues in Jersey. He is relieved from the payment of any charges for military matters, and from making remittances of any part of the revenue to the Exchequer, as was done by his ancient predecessors ; but he is still obliged to provide for the administration of justice, and other expences connected with the civil esta- bl ishments of the Island. After making these deductions the office is become a perfect sinecure, granted either as a Royal favour, or as a reward for dis- tinguished military services to the State. The Governor takes no part in the administration of the Island, and indeed none have made any permanent residence in it since the time of Sir John Peyton under James I. The King's Revenues in Jersey vary considerably,owingto the fluctuations in the price of corn, and to the value and quantity of fines which may ac- crue to his Majesty. In 1822, Mr. Hume procured an account of the Revenues and Establishments in the Channel Islands to be laid before Parliament. It would be tedious and unnecessary to make long extracts in this place ; but suffice it to say, that the Royal Revenue in Jersey was then worth about 3000, one half of which was expended in local charges, and that the other was remitted as a sinecure to the Governor, It is supposed to be the intention of Government, that on the next vacancy the office of Governor is not to be filled up, and that the commanding officer will act as Governor, and enjoy provisionally the Rojal Revenues for his remuneration. If this could be carried into effect, it would be a saving to Government of all the allowances which are now made for the support of the Lieutenant Governor. The objections to this plan are the diminution itself in. that source of in- come by the immense depreciation in the price of native grain i-i an island chiefly supplied with foreign corn,and by the consequent declension of tillage ; and secondly, that new claims, -which could not be set aside, might be made on that fund, which iu the end would leave but a email balance at the disposal of Government. 400 WOTES. We shall just give the names of the Governors of Jersey since Lord Cob- ham, whose name is belter known as one of the friend* of Pope. General Huske, Earl of Albemarle, General Conway, General Howard, Marquis Townshend, Earl of Chatham, Viscount Beresford. The Governors are generally sworn in before the Privy Council ;which is afterwards notified by an Order to our Royal Court, where it is registered. This supersedes the necessity of producing a Patent here, as was done in former times. Note 131, p. 135. There is a still older Rental of that Royal Patrimony, among some Inqui- sitions taken in the Second year of the Reign of King Edward 1, (1274,) It was then but trifling, and makes no mention of tythes, or of any claims on Ecclesiastical property. This curious Rental, though not long, would ex- ceed the space we can assign to a Note. It is in Latin an d concludes thus : " Summa in denariis. cccc,\xxv libre , XVIII solidi, x I denarii ; sine Foagio assiso de Triennio ad Triennium. Thus in English. " Total in money. Font Hundred and Thirty-Jive Livres, Eighteen sous, and Eleven deniers, exclusive of the Fouage or hearth money, which is raised but once in three years* Note 132, p. 136. It was not Henry VII who seized on the great tythes of the parishes of this Island. They had long been enjoyed by some religious houses in. Normandy, as Alien Priories, as they were then called. The possessions of those Alien Priories were finally, according to Heylin, united to the Crown by Henry VI. Those possessions had long been insecure, having been often seized upon, or at least sequestrated by our Kings during their wars with France. Instances of this occur in the Fcedera lately published by Order of the British Government, to which we shall merely refer with- out quotations. (See Fcedera, Anno 1274, Vol. I, Part II, p. 510. Anno 1328, Fcedera, Vol. II, Part II, p. 729.J When the Duke of Bedford obtained the government of Jersey from his brother Henry V in 1415, he had among other things the grant of the Alien Priories, as appears in his Patent in- serted in the Appendix to this work at page 226. Note 133, p. 136. The Royal revenue in Jersey was in its most flourishing state under James I, before it had been diminished during the exile of Charles II. But as the Governor had then to maintain the Garrison, and to make a remit- tance to the Exchequer, thai officer in the end must have experienced a heavy deduction from his apparent emolument. It was therefore an object with the Governors to reduce the Garrison as much as possible, and in other respects, to incur the fewest expences. We have already seen at Note 46, that one of the Charges against Sir Philip De Carteret, was that he did not keep a chaplain for the Garrison, that he might not have to pay any allowance for that purpose. There had long been great abus es, inconsequence of which complaints were made to the Royal Commissioners NOTES. 401 Conway and Bird in 1617, on whose Report, the King issued soon after some Ordinances, dated the 14t!i of June 1618, from which we extract that part which concerns the military establishment, -which was to be kept lip at the Governor's expence. " It is thought expedient and sue ordered, that in the Castle Elizabeth, there bee continually in pay thirty souldic rs besides the Master Porter and Master Gunner, and in the Castle of Mount Orgueil, twenty souldicrs, besides tbe Minister, Master Porter, Master Gunner ; and that these souldicrs doe continually attend the service respectively, lodge in the said Castles, and perform such duties of watching and warding, aa is re- quisite for the safetic and well ordering and keeping of those places. "It is likewise ordered, that the Master Porter, and Master Gunner of the Castle Elizabeth, have tw elve pence per diem apiece, and that the Masler Porter and Master Gunner of Mount Orgueil have such entcrtaincmcnt as formerly hath beene accustomed, and that the Minister there shall be main- tained at the Governor's charge ; whether himselfe bee present or absent, with such competence as is fitting. Each souldier in the said Castles is to receive pay according to the rate of sixpence per diem, to bee paid them monthly. "And whereas there hath beetle heretofore an abatement made by the Go- vernor of Sixteen Shillings by the yeare from each souldier by way of checque for negligences in duties : It is ordered, that there bee no such cheques at all. But if any souldier shall make default worthy punishment, or cheque ; that he bee cither corporally punished, or cashiered, as the Governor or his Lieutenant in their discretion shall tbinke raeete, and another enrolled in his place, to keepe the number still compleate. "And forasmuch as the Castle Elizabeth is seated in a distance from the Island : It is ordered, that the Governor doe give special! order, that a man of sufficiencie and experience, and such as can command upun occasion, bee lodged continually in that Castle. "Whereas there were heretofore twelve sonldiers of the inhabitants, which held watch every night in a Court de Garde, before the Castle of Mount Or- gueil, and were paid onely by the Governor five shillings and sixpence a quarter to each souldier, and were discharged, and the Court de Garde de- molished by Sir Walter Raleigh, and not since re-established by the pre- sent Governor : It is now ordered, that the Governor doe rebuild, and sett up again the said Court de Garde, and hold a watch therein continually of twelve souldiers of the inhabitants every night, upon the allowance of five shillings, sixpence a quarter, to each souldier, as formerly, together with such allowance, as they formerly had from the country for the same : It is also further ordered that the Master Porter, and Master Gunner of the two Castles, bee men of experience and service, and such as have had charge fur - merly, and served elsewhere. And that all the officers and souldiers of both Castles, bee natives either of England or Wales." Mr. Dumaresq in his manuscript, Chap. IV. thus expresses himself about the Governor's allowances ;-" This salary is out of the King's Revenue, being invested iu all the rights and privileges belonging to the same. It was' F 3 402 NOTES. therefore valued by the extent of 1607 at Fourteen Hundred Pounds ; out of which the Bailly, and other Officers of the Royal Court, and fifty soldiers, two porters, and two gunners, besides a minister, were paid, amounting tfl above Six Hundred Pounds, as by an Order of Council before cited of 1618,. may appear, and after ratified in 1626, the rest being for the Governor. Since these unhappy wars, there was alienated several manors and rents, as well for rewards of services, as for necessary expences, for the defence of it ; insomuch that those former charges of fifty soldiers have been abated j which makes it now as good, if not better thau ever." The Governor may be supposed to clear now from his sinecure not more than from Twelve to Fifteen Hundred Pounds a year, a sum considering the depreciation in the value of money, worth less than the Eight Hundred Pounds, received by Sir John Peyton under James I, or the 1000 a year allowed by Charles II, as a compensation to Lord Jermyn. The civil charges on the King's Revenue have also increased, and may be supposed to absorb about half of the gross proceeds. If on a future vacancy, Goverment should restore the great tythes to the Clergy, a measure strongly advocated by our Historian, and never since lost sight of, there would remain after paying the civil expences scarcely any balance at all, so that instead of gaining any thing by the change, the Royal Revenue would be otherwise entirely absorb- ed, and Government have to pay out of the Treasury, the salary of the acting Governor. These Revenues are not collected in the most economical manner. An- ciently the Receiver was a mere farmer, who paid the Governor a certaiu sum, and made what he could for himself. As that often led to oppression the Governor next appointed a regular Receiver, though the farming system is well known to have continued much longer .When the Receiver had friends on the Bench, it led to the nefarious system of commuting as many offence:; for fines as possible, which nominally went to the King, though in fact to the Revenue Farmer. That deplorable state of things is fully borne out by nu- merous authentic documents quoted by Dr. Shebbeare, in his History of Jersey. To remedy thisevil, Lord Albemarle, the then Governor, appointed a second Receiver not quite 70 years ago, to be a check on the former ,each with a salary ; so that the farming system was abolished as being illegal and op- pressive j nor can it be ascertained to have been renewed since. When the Report of the King's Revenues was laid before Parliament in 1822, these amounted to about 3,000 a year, for the collecting of which the Receivers hail each a salary of 150 a year, besides an allowance for a Clerk. It may not be amiss to observe in these days of reform and economy, that this charge is extravagant, and that there are many respectable* practitioners of the Royal Court, who would be glad to collect the whole of those Revenues of the Crown ; for an allowance of 100 a year. Note 134, p. 136. These preat tythes have since passed by purchase aud inheritance through several hands. Of late years a considerable part of them have been sold NOTES. 403 Separately to the several hind owners, so that a great part of the parish of St. Helier is now free from the payment of great tythes. The vicarial, or apple tythes, &c., arc due to the Rector, in the other parishes. Note 135, p. 138. As the Governor was charged with the whole administration, for which he was remunerated by the King, it was catural that he should provide for the Bailiy's salary, when the jurisdiction of that officer was separated from his own authority. The Bailly was anciently very frequently Lieutenant Go- vernor. This was the case with the well known George Paulet under the reigns of Elizabeth and James I. He is styled in the Records Lieutenant et Bailly ; but during the period of more than a century that the Baillies of the De Carteret family, resided in England, their deputies, who were also Chief Magistrates of the Island, styled themselves Lieutenant Bailliei. The whole of the difference consisting in the omission of the word Governor, and the addition of the conjunction has often occasioned mistakes on reading-tfie Records. Note 136, p. 139. The Governor seldom now attends the Royal Court, as his presence might be in some measure attributed to the desire of over awing its proceedings. Mr. Dumaresq, Chap. V. thus describes his power, " He is also to be pre- sent in Court in all matters that concern His Majesty's interest, or preroga- tive, but has no voice. But the King's Minister, by his order, may appeal." Note 137, p. 139. During the absence of the Lieutenant Governor or Commander-in-Chief, if it was only for one day, the next officer in command is s-worn in with alb the forms mentioned in the text. Note 138, p. 140. It is foreign to our purpose to enter into the relative, means of defence of Elizabeth Castle, in the present age, and with the improved means of attack- ing and defending fortified places. It is however evident that it commands the Bay and the Harbour of St. Helier, while on the other hand it is com- pletely commanded by Fort Regent, whose fall would cause its own imme- diate surrender. Note 139, p. 141. So far from demolishing Mount Orgueil Castle, it is to be hoped that Go- vernmen t, or the Island by its permission, will keep it in a sufficient state of repair. It must be owned that in a military point of view it can be of little use except to protect its adjacent harbour, but still frowning as it does from- its lofty height,there is something imposing in its appearance,that connects it with the history of this Island, and forcibly reminds us of the chivalrous achievements of former ages. It was described as follows by the Royal Commissioners Conway and Bird in their Report to James I in 1617. " The Castle of Mount Orgueill i* 404 NOTES. sealed on the east end of the Island ; tho harbour there is not good. For the forme of it, it is strongly built and stands upon a rorke ; but there is a hill which lyes but 140 paces from tha Castle, and hangs soe over it, that the cannon being mounted on the hill, will take away all the defence and offence of that Castle against an euemie. The use of the Castle is a countenance of the Island and retrate of the people in case of invasion, or sudden attempt for spoyle." Mr. Falle in his first edition 1694, page 101, mentions thus what is still called Gronez Castle. "Though the map mentions another Castle called Gronez in the West of the Island, it is no garrison, but an eld useless forti. fication, 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 eud of King Henry VI," Note 140, p. 14L That Fort and Harbour remain nearly in the same state that they were under Charles II, except that the latter is no longer the principal harbour. We quote Mr. Dumaresfs M. S. Chap. V. " The other fslac-d where the Fort of St. Aubiti is built, is also in the sea, and opens and shuts in the same man- ner as Elizabeth Castle ; but much less, and nearer by half to a great hill, from whence it is commanded. It is kept by three or four files of musque- teers, that are drawu by turns from the other companies, commanded by a serjeant, that has his residence there constantly. "There is a pier almost finished, adjoining to the north-east point of this small Island, which will be thirty foot high at the head, some three hundred feet long, and above thirty broad. Here all the shipping of the Island resort, it being the principal harbour, the conveniency whereof has occasioned a small town, called St. Aubin to be built, (consisting of about fourscore houses,) that daily increases, and would much more, but that the same high hill, that commands the said Fort, hinders it," That Fort is more ancient than Elizabeth Castle, and seems to have been wiiginally built to secure the harbour at the foot of its rock. It is now a place of very little note, with a detachment of only a few men to guard it, and may be considered in no other light than that of a battery to assist the Castle in having a complete command of St. Aubin's Bay. .Vote 141, p. 141. Cavalry would be but of little use in a small inclosed country like Jersey, where its progress would be impeded by every mound of earth, and where every field would become a kind of entrenched camp. Almost half a century ago iu the early part of the French Revolution, Sir James Craig, the then Commander in Chief of the Island, raised a troop of horse, of about one hun- dred men. These were continued for some years, till they were gradually reduced, and at last were wholly discontinued in 1833. It may not be amiss in this place to give the opinion of the Foyal Commis- sioners Conway and Bird on the practicability of defending the Island two centuries ago. As their Report is not easily accessible, the extract may cot NOTES. 40/5 be unacceptable to our Readers. " The Island being in the protection of so powerful a King, makes it not hard to bee made safe against any sharpe effect or attempt in any kind, without great difficullie, or great cost. " The people well armed and exercised, and well commanded, are able to save themselves from any mischievous effect of spoyle or incursion of 2000 or 3000 enemyes or more, the a^cesse being very difficult, easily defended, with few against many, if the companie bee once repariited to their several places to defend, as they have beene in former tymes. The country is fast, (strong} and at everie 40 paces, where there is not a rocke, the ground in inclosed like Forts, and narrow wayes to passe subject to those grounds and fences. (See Note Q5J. " Greater force bringing the canon suppose an invasion & cannot well bee moved without uoyse, and giving alarum, and in that case, there may bee made at or about Elizabeth Castle, such a retraite for the inhabitants, and soe to bee defended, as may weary out an obstinate enemie, at least give time enough for his Majestic to send them succour, which cannot be taken from them. " The Castle Elizabeth is seated with excellent advantage to give footing into the Island of Jersey ; but is subject to surprize, or all other attempts, except the Islett bee wholly taken in. (*) To which worke nature hath prepared it to bee made impregnable but by famine, which cannot befall them except they bee abandoned. " The Towne of St. Hillaire's and the Hill adjoining to it may easily bee made a sure retraite of defence, and still kept in the guarde and power of His Majeslie's Captaine and Governor there." Note 142, p. 141. Mr. Dumaresq thus expresses himself about the Militia. " The train bands out of these twelve Parishes, are divided into three regiments, each of four Parishes. The East, the North, and West Regiments, I cannot ex- actly find when the division was made ; but the name of Colonels is not much above three score years' old with us ; the twelve parishes being heretofore" under one body commanded immediately by the Governor, or bis Lieutenant, as they are to this day in Guernsey ; consisting of no more companies than Parishes, uutill Sir Thomas Morgan's Government, who divided them in twenty-seven companies as they are now. The West containing nine, the North ten, and the East eight 5 the whole train bauds with a troop of horse of about three score, consisting of Officers and Soldiers about 2500 allowing fourteen files to every company, one with another ; and that is the utmost is usually seen together." (See M.S, Chapter III.) The title of Colonel seems to have been, introduced about the year 1620. When the Commissioners Conway and Bird reviewed the Militia in 1617, the commanding officers of the respective parishes were still called Cap- (*) That ground has since been walled in, and goes by the name of Charles Fort, 406 NOTES. tains. That part of the Report of those Commissioners concerning the Mili- tia is so curious, that we may be excused to give it in this place. "The number of the Islanders and their armes, which wee found to be present as followeth : Men. Total St. Ouen. Sir Philip Carteret, Captaine. Fire Weapons. Short Weapons. 160 70 230 St. Mary. Sir Philip De Carteret, Captaine. Fire Weapons. Short Weapons. 51 98 149 St. John. Thomas Leropriere, Captaine. Fire Weapons. Short Weapons. 57 108 165 St. Brelade. Elie Dumaresq, Captaine. Fire Weapons. Short Weapons. 54 61 115- Sf, Lawrence. M. de la Trinity, Captaine. Fire Weapons. Short Weapons. 60 60 120* St. Heller. Peter de la Rocq, Captaine. Fire Weapons. Short Weapons. 92 88 180 Trinity Hugh Lecipri^re, Dilament, Captaine. Fire Weapons. Short Weapons. 100 130 230 St. Peters. PU. De Carteret, Sir de Vinchley, Captaine. Fir e Weapons. Sb or t Weapons. 70 73 143. St. Saviours. Aaron Messervy, Captaine. Fire Weapons. Short Weapons. 60 100 160 St. Martin. Rob'. Jacques, Captaine. Fire Weapons. Short Weapons, 84 126 210 Grouville. Fr ancis Amy, Captaine. Fire Weapons. Short Weapons. 69 102 171 St. Clement. Richard Dumaresq, Captaine. Fire Weapons. Short Weapons. 38 45 81 " The totall of all the Twelve Parishes. ----- 1854. " The totall by them in particular, as ^ well mustered as not mustered, as > - - - - - 2675. alsoe comprehending the pioneers. _) *' Soe there are more than by the mus- ) rt<>1 ter Booke. J " There were muster rolles delivered of former musters, which doe spe- cifie more men, whereof some being at sea, and most wanting armes, did not shewe themselves ; but the^Island undoubtedly hath 3000 men at least able to carry armes. " The armes specified are exceedingly defective ; those called by the NOTES. 407 generall name of bills*, but many bare staves, wUh noe iron at all, nocui- fasses, not 12 pikes, few muskets. " There are Twelve Parishes, aud those reduced under Eleven Cap- taines, Sir Philip DeCarteret, Seigneur of St. Ouen, having a double portion. " TheCaptaines scemc desirous for the King's bervice, and their owne safetic to have their souldiers armed and disciplined, the people out of their owne sense seeme pliable to it ; but want of armes, and a more exact forme of reducing of companies to order and practice than anciently was used hath caused that the men are wholly without order, and without knowledge to use their armes effectually. Yet wee find that the Governor hath from time to time directed his Lieutenants to call upon them for the musters, and showing of their armes ; and that since the time of war there hath not beetle more frequent trayniug, nor better forme than in that tyme, when Sir John Peyton, the younger, was there, who likewise caused the soul- diers of the Castle of Mount Orgueil to use their arms often." It would be more correct to say that there are Six Regiments of Militia, as St. Helier and St. Lawrence have long been formed into two separate Battalions, of which that of St. Helier has a greater number of men than any of the Regiments formed from the country Parishes. The Royal Jersey militia consists of five Regiments of Infantry formed into six Battalions. To each Battalion is attached a company of Artillery. The Artillery companies, are, upon occasion of exercise, formed into a Bat- talion, which is armed with 24 pr.uuders light; the whole is armed and clothed in uniform by Government, but do not receive pay. Every inhabitant, from the age of nineteen to sixty-five, bears arms,eithcr as an officer or private , and all lads, from the age of sixteen to eighteen, are exercised, ;weekly, during the summer mor.ths. The Militia Staff consists of an Inspector and Assistant-Inspectors, who are the Adjutants of their respective corps ; the whole Island force is under strict regulations, but though the Governor or Lieutenant-Governor ap- points the Officers, and has this force entirely under his own command, yet all complaints against individuals are judged and punished by the Royal Court. The Militia is now called the Royal Jersey Militia. It obtained that name by a grant from his present Majesty in 1831, on the Fiftieth Anniver- sary of its gallant resistance under Major Pierson to the French invasion of the Island on the 6th of January 1781. Note 143, p. 142. This force has been discontinued for several years. Formerly the horses were supplied by the owners of land according to the value of their es- tales. Of late years it has become usual to procure horses for the Artillery as a commutation for personal service, when individuals have the means to pay, but from ill health or from some other sufficient cause, have a reason- able claim to be exempted from their militia duty. 403 NOTES. Note 144, p. 142. This establishment is very ancient, and probably as old as the use of field pieces in war. It was formerly at the expc nee of the respective Parishes, and there are slill extant various old documents about the purchase and sale of those pieces. The Magazines or Stores where they are kept, are at the west end of the Churches, of which they evidently once formed a part, and are supposed to have been appropriated to that purpose at the time of the Reformation, when the country was poor and had not the means of building separate Stores, and when it was thought that the Churches would still be large enough for all the purposes of Protestant Divine Service. During the civil wars of Charles I, Sir George De C'arteret, 6ned seveial of the parishes, according to Chevalier's Chronicle, for having lost their guns in siding with the Parliamentarian Party. Mr, Dumaresq, who wrote in 1685, says that some of those guns had been purchased about 150 years before, or 1535, or nearly the period of the first appearance of the Reforma- tion in England. Mr. Dumaresq's authority stands so high, that we quote him with pleasure : " To these Twelve Parishes there belongs 24 field pieces, over which Sir Thomas Morgan after he had modelled the Regiments, constituted an officer by the name of Comptroller of the Artillery ; they being heretofore under the command of the Captains of each parish. When they were first bought is not certain, but they were not bought all together. Some have been bought or changed, at least, within these Sixty years, and others about One Hundred and Fifty, which are the most ancient I can find. The said Artillery is maintained out of the public stock, or revenue of the Parishe?, together with the other necessary occcasions, either relating to the Fabrick of the Church, or pnblick necessities of the respective parishes, and some- times of the Island, when any occasion offers itself." (MS, Chapter \\\*} Note 145, p. 142. These general Reviews are continued to this day, except that the 29tb of May is not always selected for that purpose ; but that it depends entirely on the discretion of the Commander in Chief, who generally appoints the King's Birth day, or the anniversary of some other day equally interesting. Note \46,p. 143. We beg to refer the reader to Note 142. JYote 147, p. 143. The ancient Governors, or Captains, as they were then called, generally resided in Jersey, and their occasional absence was supplied by a Deputy then called their Lieutenant : but who enjoyed neither the advantages, nor had the emoluments of a modern Lieutenant Governor. The Lieutenant was often the Bailly, as was the case with the well known George Paulef, who was Lieutenant to his brother, to his nephew, and to Sir John Peyton under Elizabeth and James I. During this latter reign, Aaron Mesaerry NOTES. 409 R Jurat of the Royal Court was also the Lieutenant. The elder Sir Philip tie Carteret, who was Bailly under Charles 1, held that office for several years under Sir Thomas Jermyn, who was one of the first of our Governor? who made any protracted non residence. It had the effect of uniting the civil and military power in the same person, of which Sir Philip's adversaries bit- terly complained, as we have seen at Note 46. His son, Sir Philip De Carteref, who was also Bailly, was appointed Lieutenant Governor to Lord Jermyn in 1661, (Heritage, 25 April, IGGl,^ but this did not last long 1 ; Sir Philip died in 1663, and these two offices are no longer compatible. The Lieutenant Governor is now the Senior Officer, who is sent here by Go- vernment on active service, and has all the power and privileges of the Governor, who is allowed to stay away, aid to enjoy his situation as a sinecure. It is even doubtful, if his residence would enable him to exercise the functions of a Governor, without some new permission from the Crown. The Lieutenant Governor in addition to his allowances from Govern- ment, receives from the King's Revenues in Jersey, nine shillings and six- pence a day, according to a Report of those Revenues laid before the House of Commons in 1822, and about 20 worth of fowls for his table. Note 148, p. 144. That singular distinction is observable m two curiously carved old oaken chairs, which are still to be seen in the Royal Court. As the Order of Council of the 14th of June, 1619, which exalted the civil above the military power, in the person of the Bailly,may not be within the reach of many of our readers, we may be allowed to give the following quotation from it. " It is ordered, first, that the Bailitfe shall in the Cohue and Seate of Justice, and likewise in the Assembly of the States, take the seate of precedencie as for- merly ; and iu all other places and assemblies, the Governor take place* and have precedencie, which is due unto him as Governor, without further question." It may not be improper to say a few words in this place about John He- rault, the patriotic magistrate, who successfully resisted the encroachments of the Governor under James I, and materially extended the privileges of his country. He was a man of great local knowledge,and beingGreffier, or Clerk of the Royal Court, was referred to in the Patent of the Royal Commissioners, Gardiner and Hussey in 1607. " And for your assistance in the due execu- tion of this our commission, Wee have made choice of our trustie and well beloved John Herault, of St. Saviour, Gentleman, in regard of his experience in the languages, and cusfomes of those Isles, to attend you, whose service aud assistance, wee require you to use from tyme to tyme, as occasion shall serve." Mr. Herault afterwards obtained in 1611, the office of Bailly. This was opposed by Sir John Peyton, the then Governor. After a long litigation, with him, Heraulf, not only succeeded, (See his Patent in the Appendix, No. 3, j>.234), but the patronage of that place was taken from the Governor, and restored to the Crown, according to the Ordinances of Henry VII. A salary of 100 marks, or nearly 70 a year was also ordered to be paid out of the G 3 410 NOTES. Royal Revenues in Jersey, so that , in that age, and in each a small island, ft was enough to render the Bailly independent. The Governor and the Bailly did not long remain at peace ; the former very probably was irritated at the concessions which he had been obliged to make, and the latter would not resign any of the claims which he though! justly duo tohisoffice ! The matter was heard before the Privy Council, and the Bailly gained his cause with 60 costs from the Governor; abitter mortification in- deedforsucha high functionary. The Order itself is not long, (Hth Feb. 1616-7.) "Wee doe acquit the said Bailly of any undutiefuluees to the Kinge's Majestie, or any injustice in the civill Government, but not from heate of words, which have unfitly fallen from him ; for which wee thought fit to give him a sharp reprehension. "2, Wee doe allowe the Bayliffe for his charges S'xty Pounds ; one moitie is tobee payd here before his departure by Sir John Peyton, the younger and the other moytie to bee payd by the Governor at his returne into the Is- land, together with arrearages due unto him for his entertainement. " 3. Wee hold it convenient, that the charge of the military forces bee ichollye in the Governor, and the care of Justice and civill affaires in the Bayliffe." In 1617 the Royal Commissioners Conway and Bird were sent over to Jer- ey. The enemies of Herault renewed their persecution against him, but it recoiled upon themselves, and the Report of the Commissioners contain- ed the most ample vindication of the honour and integrity of that injured magistrate. It appeared in the course of the proceedings,lhat his own brother whom he employed as his clerk, had received a small fee to which he was not entitled, and Herault, had the courage and disinterestedness to dismiss him for that trifling irregularity. Herault was haughty and overbearing. The manner of his giving the She- riff an order to summon the States is curious : " Vicompte, fai/es seavoiraux F.tats qifils ayent d comparoistre Jeudy prochain neufvieme jour dn present mays d'Apvrill, d dix heures du matin, en la Cohue du Roy, pour conseiller la Justice aux affaires, cancel nunt le service de Sa Majesty, et bien publicque de flsle.A Saint Sauieur,ceseptiemejour d'Apvrill, mil sit cent dix huit* " (Sigue) JEAN HERAULT, Bailly." Sir John Peyton still obstinately persisted to persecute Herault, in conse- quence of which the latter was suspended from his office, in 1621. It is not known, what were the causes of this new quarrel. It seems that during this suspension he had appointed a Lieutenant Bailly to supply his place ; but as a refinement in cruelty, Sir John Peyton had the interest to obtain a Letter or Order of Council, whereby Sir William Parkhurst was provisionally appoint e Bailly during the suspension of Herault, which in reality was equivalent to an actual dismissal from his office. This is the reason that the name of Park- hurst sotn ctimes occurs in the list of the Baillies of the Island, though in fact little or nothing is known about him beyond what occurs in the Order of Council, which, as a scarce and lately extracted Document from the Archives of the Royal Court, we lay before our readers. (SamediNo. 32, p. 334, \lth "After our very uartie commendations, You shall under- NOTES. 411 stand tbat his Majesty finding h requisite that the place of Bailiffe of this Isle bee supplyed with a sufficient and meete officer, and not bee executed auie longer by a substitute, as heretofore it hath hene, since the late Bailiffe vos suspended, and called over hither; hath appointed Sir William Parkharst Knight, as provisionally chosen by his Majestic to take upon him and execute that charge untill further order bee gyven therein. And therefore wee by His Majesties special! command herby will and require you, by vertue of your Commission from his Majestic in that behalfe, to passe agreement unto the said Sir William Parkhurst of the office and place of Bailiffe of (he Isle of Jersey in such form and with such priviledges, profits, and emoluments, as werecoutayced in th3 last Bailliff's Commission, and in all respects answer- able to the same, for which this shall be your warrant. Aud soe weebyd you hartily farewell. From Whitehall, this 8th of May 1622. Your loving friends, ^Signed) Lennox, Lincoln, Crawford, Ardndel, Hamilton, Worcester, Frankland, Curvor, Mandevillc, Mr. Secretarie Calvert, Julius Caesar." According to Mr. Le Geyt, Herault was not only personally known to his Sovereign, James I, but had also powerful friends. His suspension was therefore of short duration, and he was honourably restored lo all his rights and privileges. His return was hailed with the highest demonstrations of joy, and a deputation from the States waited upon him to reconduct him to the chair in that body, " LeBailly Herault apr^s sa suspension, pendant (e d&mele qu'il ent avec /< Gouverneur, ayant obtenu du Roi Jacques son entier retablissement, et les Etatt d son retour (fans ITsle, s*estant assembles pour sa reception, trail de leur Corps, un des Jures, un des Ministres, et un des Connetabies, sanoir, M. de la Trinite, M. Olivier, et M. de la Hague, furent envoy^s pour le reintroduire, rorsqu'il vien- droit prendre sa place* L'exemple du Bailly Herault n"^tait pourtant qu'un e/et de la joie que Its Etats avoient de le voirrevenir heureusement apr&sbeaucoup de fa- tigues et d" 1 oppositions." ( 'Le Geyt, Article du Bailly.J Au Order of Council of Jau. 13, 1623,4 (See Samedi, No. 33, Mardi 27 1624,) directed the Governor to pay Mr. Herault the arrears of the official salary which had accrued during his suspension. Ht'rault did not long survive his restoraiion, having died in 1626, and was buried in St. Saviour's Church, the parish where his small inheritance was situated. His house was standing,till within these few years, when it was purchased and rebuilt by Mr. Le Breton, the King's Attorney General. He died poor, and no monument was erected to perpetuate his name; but his memory has survived as that of one of the ablest and most public spirited magistrates, whose virtues ever reflected honour on the high office of Bailly of Jersey* Note 149, p. 145. Perhaps it is unnecessary to seek for so many explanations of the words CoronatoresJvrati. They were acting under the Crown, as we still say, Crown Officers, Crown Lands, S;c., in the t.ame sense, as the word lloyal is now used, on the most trivial occasions. Many years ago an Umbrella maker of Eteter, having summoned courage to address King George III, 412 NOTES. during one of his solitary walks on the Esplanade at Weymouth, easily ob- tained the favour he solicited, and on his return home, an immense board announced to his customers, that in future be was to be Royal Umbrella maker to his Majesty. The words jures and justiciers are nearly now out of common use, for which that of judges has been substituted. Anciently the word judge was exclu- sively applied to the Bailly, in the English sense of the Judge and Jury. Note 150, p. 145. We give the following very appropriate quotation from the argument of Edward Allen, Esq. before the Jersey Royal Commissioners in 1821, " The Druidical altars still to be seen in Jersey, and Celtic coins which have been dug up in various parts of the Island, afford not only a reasonable conjecture, but a presumptive proof that the Celts were the Aborigenes of Jersey. In this I am still further supported, from the certainty, upon the authority of the best historians, that all the opposite coast was of Celtic origin. If this be so, you, Gentlemen, as classic scholars, very well know, that among the Celts the Judges were elected by the people. Tacitus, in his book De Moribus Germane- rum informs us that among our Celtic ancestors * de minoribvs rebus principes consultant, de majoribus omnes.'' ' In matters of less importance,' says he, ' the Chiefs take Counsel together, in affairs of greater consequence, all.' And again coming more directly to the point,he further tells us^Eleguntiirin iisrlem consiliis et principes qiti jura per pagns vicosque redduntC (Tacitus de Mor. Ger. Capp. XI and XII.^ ( In these Councils are elected the Chiefs who admi- nister the laws through the villages and districts.' So that here we see the right of the people to elect their Judges, is coeval with the very first settle- ment of the Island." (Argument, p. 19.) Note 151, p. 146. There is much uncertainty about who were the optimates pntrias though it is probable, that in King John's time, when the land was possessed only by a few large landed proprietors, it merely meant freeholders, so that as they progressively increased their numbers, the elective franchise descended to the humbler classes of society. At any rate, it has been proved that the elective franchise, as at present exercised, has existed for some, centuries. The elder Sir Philip De Carteret, of St. Ouen, was thus elected Jurat in 1605. An attempt to transfer the right of electing Jurats from the people to the States in 1811, was rendered abortive through the public opposition which it excited. The practice of recommending candidates from the pulpit, never takes place, now, and it is doubtful, notwithstanding Mr. Falle's authority, whether that practice ever existed to any extent. The evil of elections, first contested, and then afterwards litigated before the Royal Court, and the Privy Council, had become within the last fifty years an intolerable grievance, and occasioned enormous expences to the candidates, as well as kept the Island in a state of almost perpetual commotion. The States had long in- effectually endeavoured to remedy those evils but to no purpose. At length NOTES. 413 a law was confirmed by an Order of Council in 1S35 to remove those elec- tioneering abuses, ami to diminish the chances of litigation in future. Thai law is yet too recent to enable any one to pronounce a decided opinion about its efficiency- It is time only that will show how it will work. Note 152* p. 146. The profanation and the riots which often occurred at contested elections, had become a serious grievance, which occasioned frequent complaints, and at length excited the attention of the Slates. At the same time many pious Christians were indirectly deprived of their elective franchise, on account of their religious scruples, which prevented them from voting on Sundays. These Sunday Elections were finally abolished by au Order of Council early in 1831, and Tuesday is now substituted ; nor are elections now held under the Porch, or within any of the precincts of the Church. Note 153, p. 146. The official duties of a Jurat, either as a member of the Royal Court, or of the States, require much loss of time, and necessarily occasion some expence. In modern times that the States have assumed considerable impor- tance as the local legislative body, a permanent seat in that Assembly is be- come one of the principal inducements to be elected a Jurat. It is however, the opinion of many persons, hat the judicial functions of the Jurats on the Bench, and their senatorial duties in the States are incompatible, and ought to be separated. But like many other speculative theories, this may in fact be correct, though in practice no evil may have resulted from haviirg followed the opposite course. An Order of Council of 1813 directs that the Jurats should be selected from those individuals who are most distinguished for their knowledge, integrity, and other qualifications. Note 154, p. 147. The sentence which hinders not his acting with less conlroul in other affairs of daily occurrence, is obscure, and cannot refer to any judicial authority of the Bailly. Till 1797 the salary of 100 marks granted to Bailly HeVault, in 1614, had been continued, when it was raised to 300 a year, payable out of the Royal income in the Island. The value of that place has been much improved since ; and it is supposed that with fees and other perquisites, it is now worth about 800 a year. Note 155, p. 149. Speaking of those Royal Commissioners, M. Le Geyt coincides with our historian and thus expresses himself: " On a toujottrs choisi des hommes de sa- voir, d" 1 experience, et de qualite pour Commissaires" The functions of those Commissioners have not always been the same, but have varied according to the directions of their Patents. Gardiner and Hussey in 1607, heard a great number of causes in appeal, so that their Commission seemed to revive the proceedings of the Justices Itinerant of old. Their judgments are'registere in a separate book, and are in the English language. They are remarkable for 414 NOTES. their good sense and for their equity. Their Report, as well as some Order* of Council which were issoed in consequence, in 1608, are slill exlant, but either were not registered, or have been abstracted from the Records. Those Documents are very voluminous. Note 156, p. 149. In point of fact, these Acts become mere Orders of Council issued by the Sovereign as Duke of Normandy; nor can any .Act of Parliament acquire the force of law in Jersey till it has been submitted to the Royal Court, and been duly registered, Note 157, p. 150. Since printing the text of this history, the law just quoted above respect- ing appeals has been chugged by an Order of Council of the 24fh of June 1835, and registered the 6th of August of the same year. The repealed law and the paragraph about Doleances are inserted in the Jersey Code of Laws of 1771, page 168. The new law is as follows : Art. XIV. "The judgment of the inferior number, (of two magistrates,} shall be final in all causes for chattels, whose value shall not exceed the sum of Five Pounds. The decision of the Quorum of the Court shall be final in all causes for chattels under the value of Eighty Pounds." The law consequently res- pecting real property and Doleances, remains untouched. Mr. Falle speaks cautiously respecting Appeals to Council. The Royal Court have sometimes erred in their judgments, the more so in a country where the written law is so imperfect, and where so much is left to the discretion of Jurats, who not unfrequently are under the influence of partiality, or the animosity of party feelings. It is however but justice to observe, that the judgments of the Royal Court have in the greater number of instances been confirmed by Council, and that in matters concerning re property, where the law of in- heritance is more precise, they have seldom been reversed. Formerly there have been appeals, when between the delays occasioned by the parties themselves and other causes, it has sometimes been the work of a whole life before a decision could be obtained from the Privy Council. As to the applications in political or legislative matters, they have often been laid on the shelf, and never heard of again. Appeals are often asked, which are never followed up before Council, and on the whole fewer appeals come to a hearing than is generally supposed. It is rather surprising that in a country where property is so much subdivided, those appeals are not more common. It is on the contrary to be lamented, that it is so expensive to obtain jus- tice at the Council Board, that many people prefer to put up -with a certain injustice, tc- seeking redress at an expeuce of at least 200 or 300. JVbte 158, ^.151. Strictly speaking there is no criminal code, so that the Court, after con- viction of offenders, is mostly guided by precedents, or by its own discretion derived from the analogy about what the law would do in. other countries ia NOTES. 415 inflicting punishment. To facilitate the finding of those precedents, which were formerly registered promiscuously with the civil proceedings of the Court of Catel, (he judgments in all criminal cases, have since the begin- ning of this, century, been entered in a separate book. Note 159, p. 151. A century has elapsed since Mr. Falla published his History,and the loyal character of the inhabitants has continued unstained by any instance of high treason, or even of disaffection to Great Britain. Even the ancient instances of Geoffrey Wallis and of Sir Richard Harliston are not in point. Sir Richard was not a Jerseyman, (See Note 120 /). 1-28 ) and as to the latter, his History is involved in much obscurity. Their treason, however, occurred during the civil wars of the Houses of York and Lancaster, when those who appear- ed in support of either would scarcely be now called traitor.-, Mr. Falle, has not observed that Harlistoii was a Yorkist, and the ether a Lancastrian ; consequently it would be absurd to say that both were traitors, I fear that the Chronicler, Chap. VlII,is incorrect as to the name of that person be- ing Wallis, or that Catherine of Vinchclez was his heiress, who is designated in her deed of gift to Richard de Carteret which is still extant,as the daughter of John De Viuchelez. It appears also by a Patent under the Great Seal, of the 12th of Henry VII, (1497) that Geoffrey Welsh had not been attainted, and that his inheritance was restored to his heir and kinsman John Faulteroy. I should rather suppose, that the real name was fFazce,the same as that of the Poet at Note 117, and that he was a Jerseyman, who having followed the for- tunes of the Earl of Warwick,was involved in his ruin, and his property confis- cated, which was not restored for nearly 30 years, till the ascendancy of the Lancastrian party in the person of Henry VII. p. 4^ Note 160, p. 152. The Retrait Lignager was abolished by an Order of Council in 1 834. Ori- ginally that law might have been very proper, but latterly it had become liable to great abuses ; for instance, if a kinsman, or the Lord of the Manor thought that property had been sold advantageously, he contrived to get the bargain for himself, or to extort a sum from the buyer. If the bargain, was set aside the buyer not only lost the chance of any improvement which might have taken place in the value of the property, but nearly a twelve month's interest of his purchase money. The Jus Protimeseos, or Retrait Foncier, has been continued, but the person who avails himself of his right to claim it, is bound to pay all the expences to be incurred in the proceed- ings. The right of action, like most others of the same nature is limited to a year and a day. Note 161, p. 152. Formerly those Ordinances were enacted indifferently by the Court, parti- cularly that of Heritage, and by the States, bat since the Order of Council of the 8th of March, 1771, prefixed to the Jersey Code of Laws, that right has been exclusively vested in the latter Assembly. " And his Majesty doth hereby order that no Laws or Ordinances whatsoever, which may be 41G NOTES. made provisionally, or in view of being afterwards assented to by his Ma* jesty in Council, shall be passed but hy the whole Assembly of ihe States of the said Island ; and with respect to such provisional Laws and Ordi- nances so passed by them, that none shall be put or remain in force for any time longer than three years, but that the same, upon its being represented by the States to His Majesty, that such Laws and Ordinances are found by experience to be useful and expedient to be continued, shall, having first obtained His Majesty's Royal Assent, and not till then, be inserted and be- come part of the Political Laws of the said Island," Note 162, p. 154. It is evident that Mr. Falle misunderstood the principle on which a Decret proceeded, and that he disapproved of it. In his first Edition, page 111, he says : " Few of the debts are upon bond, in comparison of those that result from arrears of rents, and rents bought for arrears of these 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 rent 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 intaugled our practice in point of Decrees." Dr. Shebbeare, with his usual vehemence, gives his opinion about a Decret as follows : " Among the singularity of customs, which are contained in this Island, that of an insolvency is not the least remarkable. When a man is so far indebted that he is no longer able to discharge his incum- brances, should he be arrested and confined in prison, he has the privilege of renouncing his right to his estate and effects, and to surrender them to his creditors, of this the Court takes cognizance : he is immediately dis- charged from his confinement, and the magistracy form what is called a Decree. " All creditors are then ordered by proclamation to bring in a list of their debts, on the penalty of being excluded from the right of being paid. These are entered on a roll,- kept open for that intent. The whole number of the creditors being thus known by the Court, they invariably begin with the last who gave the insolvent credit, and ask him if he will lake the whole estate and discharge all the demands. If he acquiesces with this proposition, he is obliged to answer these incumbrances, and whatever re- mains belongs to him. If he declines the offer, he is excluded from all claim on these effects, and the same question is proposed to the next ere* ditor in ascent. In this manner it is continued, until some one accepts it on the terms just mentioned; and then that acceptant is declared to haye made himself possessor or tenant. " It is difficult to suggest what could have been the inducement to a custom so totally irreconcileable with the principles of common honesty and justice ; and why the last, and other ascending creditors, should be rescinded from those debts, which are equally just with those of bis first : NOTES. 417 of hy what arguments a priority of credit precludes the subsequent from an equal right to the effects of him who is indebted. Yet such is the cus- tom, and it hath long existed, to the disgrace of Justice and insular under- standing. " Bonds in this Isle are equally obligatory with mortgages in England, and extend to lands as well as moveables." The system of Decrees is also treated in a masterly manner by Messrs. Hemery and Dumaresq, in their Statement, &c.(1789,;>.;>. 27, 30.) It is singular that Mr. Falle and Dr. Shebbeare who were no doubt well acquainted with the nature of an English mortgage did not perceive its si- milarity with the incumbrauce of Jersey rents on an estate. When an Eng- lish gentleman mortgages his laud, he surrenders his title deeds into the hands of the mortgagee, so that this particular property becomes not only unsaleable, but cannot be submortgaged to a third person. This evidently gives a priority of claim to the mortgagee, who on nonpayment of interest may foreclose the mortgage, which is but another word for a Decree, when, perhaps a number of simple contract debts are lost. Yet nobody ever thought that this preference granted to an English landed security was unjust. Jer- sey rents may be defined to be a system of submort gaging the same pro- perly to different persons, as long as the landholder is considered to be solv- ent. The successive mortgagers can therefore have no right to claim a se- curity beyond what the property was actually worth, at the time that they acquired their mortgage or rent on the freehold. When A's estate was worth 2000, he sold a rent charge upon it to B. to the amount of 500. The next year, when the property was worth but 1500, he reduces it still fur- ther, by incumbering it with 500 more to C. The estate is still further di- minished by successive sales of rent, till it comes toG. the last purchaser of rent, when A. the common debtor of all i declared insolvent. So far from all the creditors being entitled to share alike in the debtor's estate, it would be extremely unjust, that 6. who lent his money on the unimpaired estate of A. when it was worth 2000, should be in the same situation as F. who lent another 500, when he could have easily discovered, had he inquired,that A*s estate was not worth 300, and when no prudent man would have ventured his money on such a security. The principle for creditors to share alike is equitable in ordinary cases for personal debts, when the debtor may be supposed to have had an interest to conceal his embarassments, and his creditors have no means of ascertaining their impending danger. But it is not so with a mortgage of landed property where the mortgager ceases to have the means of offering anything more than his own personal security in England, and here in Jersey, where the gross value of any man's freehold may be ascertained for a mere trifle at the office for the Registry of Deeds. That Registry is open to every one, and no Deed is valid in law till it has been entered there, the consequence of which is, that the value of the larg- est as well as the smallest real property in Jersey can be ascertained to a fraction, if one thinks it worth while to make the inquiry. The registry wi'l H 3 418 NOTES. supply tlie dates at which each acquisition wa made, or each incumbranrc was cnntracted. It is a kind of golden barometer, that will indicate the rise and fall in every man's fortunes, at the different periods of his life. Many have been ruined from not attending to the necessary precaution of employing a respectable professional man, as we have already observed at NotellS ; but they ought to attribute the consequences rather to their own indiscretion, than to any defect in the law. It cannot be denied that the system of rents, and the Decrees, which have resulted from them, have often been pregnant with great and incalculable j-b'uses. They at last became so flagrant, and so frequent, as to exci te a ge- neral murmur; for it was no answer to say that the law itself, as it was framed, was just, when in the present state of society, it operated but too often as a decoy to ensnare the ignorant and the unwary to their ruin. Those grievances are now, however, in a great measure, removed by a law, in 48 articles, brought in the States by Francis Godfray, Esq., an Advocate of the Royal Court, and since con6rmed by an Order of Council of the 14th of March, 1832. As a matter of mere historical curiosity, we shall lay a few of those grievances before our readers : The parties themselves shall be nameless, though the facts are not the less certain. A. was embarassed and owed 400 to B. who declined to receive reufs in payment, from which be foresaw that he would be ultimately ejected by a Decree. C. had lately bought an estate on which he wanted to assign rents to that amount. He applied to B. to know if be could recommend him to any good rents to be sold. Yes, was the answer ; my friend A. has to dispose of some of the best in the Island, and I will introduce you to him. This was done, the bargain was concluded, and B. was rewarded for his ingenuity by receiving his 400, which had come out of C's. pocket. As for this last, he lost the whole of the rents he had purchased, when A. was a bankrupt or re- nounced seme years afterwards ; and yet woe would be to him, who would even insinuate that B. was not one of the most upright and honourable men in the Channel Islands. If A. is embarassed and cannot pay his creditors ; the Court allows him a year's respite to come to a compromise with them. As that is often impos- sible, A. enjoys bis estate in the mean time, and leaves his creditors in a si- tuation much worse than if he had renounced as soon as he became in- solvent. Itis however but fair to observe, that this mode of proceeding was ori- ginally intended to secure persons from being unwarrantably pressed by merciless creditors. This applies but to real property, which cannot be immediately concerted into money, and when a man might be ruined but for this reasonable delay. Itis however one of those matters, which ought to be regulated and reformed, but not abolished. We believe that Mr. God- ifray, the gentleman already mentioned, has already thrown out hints in the States, that this would engage his attention. (See Ditmaresg's Statement t , pagt 30 J NOTES. 419 A. is insolvent, hut he contrives to elude a bankruptcy for four or five yea rs by paying only the most pressing of his renters, and pacifying the res*. When the Decree at length arrives, it is at least 20 or 30 per ceut worse than it would otherwise have been. When property has been renounced, it is by a fiction of law, considered r> be vacant, aad reverts to the lord of the manor, who enjoys it clear of all in- oumbrauces, till it passes legally into the possession of a tenant. Formerly the enjoyment of the lord of the manor has been known to have lasted for several years, to the great and further impoverishment of the creditor*. Du- ring that time the rents due on the estate were not paid to the proprietors, and thus became the cause of a new accumulation of debt. After a tenant had been declared at the Court of Catel, he was bound to pay five years arrears, if so many, or more were due on all the rents which were charged on the estate. And as property was seldom renounced without being iable to heavy arrears of that kind, it occasioned a further loss of 20 per Cent at least, which the tenant was obliged to meet with payments in hard cash, long before he could derive any benefit from his new possession. Before 1601, title deeds were not registered j but as from the nature of rent* , and the liability of many of those deeds to be lost, a law w?.s 'passed for that purpose at the suggestion of Sir Walter Raleigh, the then Governor. The system of Decrees, which had long existed, ought to have been then reform od, as far as concerned the insertion of Contracts on the Decree Roll. (Codement du Ddcret). Before there was a Registry, it was evident, that the true state of the Renunciator's affairs could only be known but by the claimants producing their deeds, and it was not iniquitous,ihat those who had cither lost their deeds, or who did not bring them in within a limited time, should be debarred of- all their demands. After a Registry was once established, the deeds could have been procured with much less inconvenience from that office, than from their private owners, who would in many instances be the victims either of their negli- gence or omission. This is precisely the point at which the evil has been re* niedied by Mr. Godfrey's law, but which ought to have been dene two cen- turiea ago. As the law stood, a Decree proceeded as follows : All claimants who had purchased rents, or any other property, or who were in any manner the cre- ditors of A. the Renunciator, were ordered to bring in their deeds or bonds to be inserted in the Decree Roll, under pain of losing them, if they did not comply. It was not unusual, that many who were interested did not e^en hear of the bankruptcy, and made no insertion, or that the rents originally purchased by B.from A. had passed on by successive sales to H. before A's fortune had become liable to a Decree. In that case as H. did nothold from A. he had no right to make an insertion, much less did he care for, or even think one necessary. As to B. who ought to have made the insertion,he would be either dead, or if alive, he would suppose, that he was as little responsible for that rent, as he would be for any sum of money, which he might have sold out of the Three per Cents twenty years before. Matters however 420 NOTES. went on their course very quietly. A tenant was declared HI due time, who soon found out all the property not inserted in the Decree Roll or Schedule, and immediately resumed it, as having been forfeited for want of insertion* H. was dispossessed, and the rent by means of a tedious law process was traced back to B. who had not only to replace the rent, bnt to pay all the law expences, which sometimes amounted to more than the rent itself, so that what B. had purchased from A .cost him ultimately above 40s. in the Pound Such a state of things afforded strong temptations to those who had more knowledge than honesty, and who cared little about their reputation, when their interest was concerned. Instances have been known of persons minutely inspecting the affairs of the renunciator, and' ascertaining whnt real property during the term of forty years would be likely to be lost by the ne- gligence of the security in not making an insertion. The scheme would be kept a secret, till that very individual would continue either in his own right, or by a compromise to be substituted t6 the right of another (siibroge), lo be- come the tenant. This once effected, he would fall on the forfeited property as would a vulture on his prey, and a respectable individual, who had per- haps improved his purchase to ten times its original value would be irrevo- cably ejected. It is thus that Decrees have sometimes been highlyprofitable, and that sums have been realized, which the law might not indeed disallow, but which any honest man would blush to possess. This was certainly the most nefarious part of the abuses which had crept into the practice of Decrees, but there were others, which though not gla- ring were sufficiently mischievous. Landed security or guarantee, as it is called, extends over a space of forty years. Every deed of sale, and every alienation, or exchange of pro- perty made by the renunciator within that long period must be entered in the Decree Roll or Book. Never was there a duller,yet an easier or more profit- able way of book making! The new law has reduced those entries to fifteen years, except in a few cases, where an extension of the term is absolutely necessary. Between the unavoidable delays of the proceedings, and those that were wilfull in some of the parties, the loss of time was immense, and the law expences out of all proportion to the value of the property, which reduced it still further,and compelled a greater number of creditors to abandon their claims. This has also been in a great measure remedied ; and the Lord of the Manor's enjoyment is now for so short a time, that it is scarcely worth his while to take possession at all. The tenant is now liable- to pay but three years of the arrears of rents due on the Reuunciator's estate, instead of five, as formerly. Optiont are another peculiarity attending Decrees. The insolvent A. had sold property to D. which he. subsequently gave up rather than become tenant. In that case it is at the Option of C. the tenant, to replace D. in the property of which he had been dispossessed (faire revivre son contrat ) This is often the case, when D. had paid for the property with rents, which the tenant would be obliged to return on resumption 5 or when D. NOTES. 421 pays an equivalent to C. the tenant, to be continued in possession. When the credit of a seller is at all doubtful, it is always the safest course to make the plirchase with rents, and not with money, as in case of an insol- vency, it will generally secure the buyer by the matter ending in an option. A. and B. have long been espoused in holy matrimony, but the lady wish- ing to recover the right of a spinster, obtains from the Court a separation of her estate from that of her husband. (Separation quant auxbiensj Perhaps the very day the unscrupulous husband will execute a sham deed of sale of all his property to his wife, and if it can be registered, or precede, only ten days any act of bankruptcy, it will be good and valid in law. In case of a renunciation, it has the preference over the unregistered creditors, who lose their demands, and have no other consolation than that of having se- cured a handsome joiuture for the lady at their own expence. As to any reflection on the integrity of the virtuous couple, it would be severely pu- nished by the Court, who had in fact already recognised that integrity by granting the separation, and admitting the Deed of sale without inquiry. It results from the intricacies of Decrees, that many persons prefer to lose their claims rather than become tenants; or else they compromise matters with some professional man, who is substituted to their right, and becomes tenant on speculation. Creditors are commonly afraid of a Decree, especially those who are in any danger of losing their claims after insertion. These very readily come to a compromise with the debtor, and prevent most of the evils, which would have accrued, had the Decree or insolvency actually taken place. There is another mode of preventing a Decree by what is called techni- cally a transport of heritage, by which a man conveys the whole of his free- hold to another on condition that he will be responsible for all the incum- brances on that freehold. In that case the registered creditors are safe, but the simple contract debts are sacrificed for the debtor after having divested himself of his real property remains without any assential means to ratify their demands. Many of those abuses, it is candid to acknowledge, are not frequcut, but as they may exist, it is doing the public service to hold them out to general reprobation, the beneficial result of which will be either to prevent the dan- ger, by their exposure, of falling within their vortex, or else of drawing the attention of the legislature to make salutary reforms, when it is compelled to do so at the irresistible call of public opinion , Note 163, p. 154. At this very time there is a law in progress before the States to remedy the present defective mode of carrying on criminal prosecutions. As it is, the second or final Jury consists of 24 freeholders generally, and as much as possible, of persons belonging to the higher class, five of whom are sufficient to acquit the prisoner. Note 164, p. 154. Since the increase of business in the Royal Court, it had not been uncom- mon for suitors to atteud term after term before they could obtain a hearing. 422 NOTES. A summons is good for three Court days, after which, iho suitors have to send fresh summons, and have their causes inscribed on the Scroll or Table. There have been instances of witnesses attending, without a remuueratiou between forty and fifty times. This abuse has also been remedied by the new law of 1835, the article of which is as follows : " Aux Coursd?He'ritage,de Catel, du Samedi ft du Billet, il y au ra deux tables faites par le Greffier, la prtmiei e /.our le causes d temoins, la secvnde pour les autres causes." .Vote 165, p. 155. The expence of rehearing a cause has been regulated by the Jersey Code of Laws of 1771, at page 167. "Les sentences prononcees pour immeubles par moins de cinq Jures, et pour meubles valant cinquante livres tournois, par moins de trois, seront re-examinees par un Corps de Cour, composd de sept Jures dn moins, auxfiais delapartie qui le requerra, pourquoi il sera pay4 au Chef Magistrat trois litres, et a chaque Jure, Procureur, Vicompte, Arocat du Roi, et Greffier de la Cour, vingt-sous." These fees are in what is called Order Money, or One Pound Four Shillings and Four-pence Half-Penny Sterling. It is seldom howeter, that the Jurats or Officers mentioned are nil present, which ought to make even that expence,tobe something less. We are nota- ware that there is any law to authorise the payment ef any other official fees. Note 166, p. 156. It is certain that no splendid fortunes are here made in the law as in Eng- land ; but M, Falle is equally wrong in affirming that justice cau be so easily obtained. The facility of bringing on actions for the most trivial matters, the frequency of which is annoying and expensive, and being but too often en- couraged by some of the practitioners of the Royal Court themselves, is one of the most serious evils of which the inhabitants have to complain. Note 167, p. 156. The business of the Court is now continued without interruption to the end of the term, and as the second term, or that of January, was abolished by the Jersey Code of Laws of 1T71, (page 215,) the Winter Vacation conti- nues from the 5th of December, till the opening of the Spring Term on the llth of April ^following. Note 168, p. 156. It has often been wished that a good insular Code of Laws could have been compiled. It appears from an Act of the States of the 13th of August 1608, that a Royal Commission had been issued to George Paulet, Bailly of Jersey, and to Amice De Carteret, Bailly of Guernsey, and to'some others, to prepare a compilation of the kind for the use of both Islands, but the States shrunk from the difficulty of the undertaking. Their words are remark- able, " Ont tous trouvd cela bif.n expedient, mais a cause de 1'importance gut pris tesme, (differ^,) de desclarer ceulx qu'ils trouveront les plus capables, 3 la prochaine Assemblee." It need scarcely be added that the States of that period never took up that subject again. NOTES. 423 In 1771, (lie Stales appointed a Committee, who compiled a v cry imper- fect ('ode of Laws, which afterwards recived (he Royal Sanction, and was printed. It was mostly a collection of the old local ordinances, many of which were obsolete and even ridiculous. The consequence has been that that Code lias been rendered still more incomplete, by considerable parts of it having been since repealed. Note 169, p. 157. Mr. Le Geyt differs from Mr. Falle, and in his Chapter des Jurcs, enters into a long discussion to prove, that la Somme de Mancel, is no other than the Coutume or Coutumier of Normandy. The reasons he gives for this opinion are very strong-, and seem to be conclusive. The passage is too long for quotation, to which we shall refer the reader, and merely insert a few lines containing the substance of his argument: " J'ai vu un yieux M.S. que quelques uns sans fondement estiment etre Mancael. (Chap, du Baitly ) Pres de Cent Ans aprea le Roi Jean, il vint a Jersey des Justiciers Itine- rants, (*) qni demanderent par quelles loix 1'Isle se gouvernoit. Communitas Insula allocuta qVci lege utuntur. On repondit que c'etoit par la loi de Norman- die, hormis que de temps immemorial, on y avait use de certaines con tunics differentes de la loi de Normandie, Prout patet in quadam Cedula, quamhlc liberaverunt. Cette Cedule etoit un ecrit par lequel les habitants declaroient que la Coutume de Normandie etoit ecrite dans un livre ancienncment ap- pele Mancael, excepte quelques Articles, que cette Cedule contenait, II me semble, que ce Livre qn'on nomme Mancael, ne pent etre autre chose que le Livre imprime', qu'on appelle le Vieux Coutumier de Normandie, &c." (Des Jures.) Note \7Q,p. 157. The precedents of the Royal Court are overwhelmingly numerous, and are so often unjust and contradictory, that they may be compared to papers in so many pigeon holes, from which some may be taken out to suit every occasion. They ought therefore to be received with particular caution, eren setting aside the ignorance, prejudice and party feeling, which may have dictated se- veral of them : allowances must still be made,when viewed in the most favour- able light, that men of different minds and under different circumstances, will often decide very differently about the same matters. On the whole Mr. Falle would have done more wisely uot to have quoted a source of law of so questionable a nature, and in which so much corruption was discoverable. Note \l\l p. 159. The Court House, according to Chevalier, was rebuilt by Sir George De Carteret in 1647, and is that here spoken of by our historian, which was again rebuilt in the early part of the reign of George III, and is the building now in use for judicial business, for the meeting of the States, and offices for the custody of the Records and the Registry of Deeds, (*) John De Fresingfield and William Russell, in the second year of Ed- ward II. (1309.) 424 NOTES. Note 172, p. 159. Mr. Falle in his first Edition of 1694 gives a very high account of a Court of Heritage dinner, , but which in these times would appear almost ridiculous." (Chap. IV, p. 109.) " 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 Courf, those gentlemen before mentioned holding fiefs from the Crown, have right to sit, and are therefore said in the Extent and other Records, edere cum Rege terinanno, i.e., To eat with the King three imes 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." Dr. Shebbeare in the first Volume of his History of Jersey, page 294, gives also a very ludicrous account of the Court of Heritage.*" Be it as it may, the unsparing principle of temperance and economy have extended their Reform, even to the Court of Heritage dinners. The Seigneurs and the Jurats, since the abolition of the January Term in 1771, dine with the King now but twice a year, and that honour of being invited, is scarcely even conferred on any one, but on those who have a legal right to be present at this delightful banquet." Note 173, p. 160. The right of those Officers to speak in the States had often been disputed, till at last it was settled by an Order of Council of March 24, 1824, that the King's Procurator and the King's Advocate had a right to be present in the States and to speak on all subjects, if they thought it proper, and the right of the Viscount to be present was also established. It did not appear from any of the Documents that were then s ubmitted to the Privy Council by either party, that the Viscount had ever spoken in the States. JVbte 174, p. 161. From the period of the Reformation till within the memory of man, there were generally some foreigners among the beneficed clergy of the Island, and as their names occur in the meetings of the States, it is to be presumed, that they had been naturalized. It is however doubtful whether at the pre- sent time, and considering how the law stands in that respect in Great Bri. tain, whether such foreigners would be admitted into that Assembly. The States often grant Acts of naturalization, but they cannot be good for more than three years unless confirmed by His Majesty in Council, nor even then, can they extend beyond the precincts of Jersey. It is however a privi- lege of great importance, which the States ought not to use, but with a great deal of circumspection, that they might not awake the jealousy of the mother country. This right of naturalizing foreigners is very ancient, two of those Acts are one of the llth of June 1546, and the other of the 5th of October, 1549. The latter was to naturalize Maistre Martin Lengloys,a protestant minister, who had introduced the Reformation into this Island. "En la presence de Monsieur Ic Lieutenant pour le Roy en ceste Isle de Jersey ,et la justice et NOTJCS. 45 .70. The Natives of the Islands not obliged to answer before the Bishop of Contances. Vol. l ) part II, p. 510. Peiition of the Prior of St.-Michael in Periculo-Maris for the restoration of Church property in Jersey. Edward 1 1 1 , Vol, II, part II, p. 729, 1328. Sequestration on the Religious houses in Jersey removed. Edward III, Vol. \\ t part II,;;. 969. 1337. Seizure of the Alien Priories by the King Olher examples might be adduced, but suffice it to observe, that this precarious state of things continued, till the Island was finally with- drawn from the jurisdiction of Coutances, in the early part of the reign of Queen Elizabeth. Nate 186, p. 174. (See Note 183.) It was during the first American war that Privateering was carried on with the greatest success from the Channel Islands. During the late war that the French trade had been nearly annihilated, the number of Privateers had diminished in the same proportion. Note 187, p. 176. As this extraordinary piece of antiquity was subsequently better disco- vered and investigated in 1785, and then afterwards most injudiciously as well as most unfortunately allowed to be removed out of the Island, our readers will not be sorry to have Mr. Plees' own account of that tran- saction, f< On levelling th*^ surface of this hill,in 1785, for the purpose of forming a parade, there was discovered, under an artificial mount, a Poquelaye, or Druidical temple, composed of unhewn stones, and of a different construc- tion from any other hitherto met with in the island ; though there maybe more of these ancient monuments concealed under similar eminences. " It is well known that the Romans waged an exterminating war against the Druids ; as well from a consciousness of the influence over the people, possessed by those idolaters, as from the horrid barbarity of their religious rites. To secure, therefore, their hallowed fanes from destruction, the Druids, on the approach of imminent danger, adopted the mode of covering them with earth. " This monument comprised a collection of stones, arranged in a circular manuer,,the exterior periphery of which wa& seventy-two feet. This cir- 432 NOTES. cle was formed by six small cromlechs, or cromleches, altar*, or cells, from three to nearly five feet in height, and the same in length, separated from each other by upright stones, mostly in a kind of triangular form, arid varying 1 In height from four to seven feet, with the exception of one, the height of which was only eighteen inches : (*) this was opposite to the north, and is supposed to have been designed for a moie common entrance than that in the eastern front. " The principal opening fronted the east,and was through a covered passage, tight feet long and three feet wide. On the left of this was a smaller stone about fourteen inches high. In some of the cells ashes were found, and in one of them, which was nearly opposite to the entrance, were evident traces of smoke : this cell differed also from the others ; instead of being covered with a flat stone, the superior surface of its upper one was extremely irre- gular, and apparently little calculated to bold a victim. "If we conceive the whole structure to have been destined for adoration and sacrifice, it is probable that this cavity contained the sacred fire from which the altars were supplied. The Poquelaye was encircled with a dwarf wall, three feet in height, having four lateral steps on the outside, and three within. The external circumference of this wall was about 128 feet. (-f). " It is extremely difficult to ascertain the use to which this curious though rude structure was applied. It has been said, that every Bardic circle had, in the centre, a cromlech, whereas the area of this circle was completely void of any erection whatever. The cells appear on too contracted a scale to have served either as sacrificial altars, (particularly for human victims), or as places of sepulture. If designed as sacred repositories for human ashes, collacted from funeral piles, urns or other vessels would probably have been found in some of them ; and, moreover, had the cells been intended for kistvaens, the entrance of each recess would have been closed ; whereas every one was open in front. In fine, they were precisely like cromlechs, on a di- minished scale. " The States in a moment of enthusiasm,unanimously voted this monument to Marshal Conway, then governor of Jersey, who caused it to be removed to Park place, near Henley, in Berkshire, and there had it erected, exactly, (at it is said), according to its original form, and conformably to its real dimen- sions, though several stones were broken in displacing them. " This was an unfortunate event to the island, as so precious a relic of re- mote antiquity would, doubtless, have drawn thither a number of learned admirers ; nor did the marshal himself escape severe censure, for having accepted so valuable a token of esteem, which, however retaining its pristine appearance, lost that consequence which it derived from original position. The loss is indeed now of less importance, as the fortress erecting on the hill would, in allprobability,have occasioned its removal." (Plees* History of Jersey, p.p. 135138.) (*) The heights are such as the stones measured above ground : they were, doubtless, much longer. (t) This description is from a model, the scale of which is half an in ch to a foot : this model was carved before the rcm oval of the monument. NOTES. 433 Note 188, p. 177. fit. Sannoli was ouc of those holy men who fled from the persecutions of the Saxons in Britain, and who for their indefatigable exertions in the pro- pagation of the blessings of Christianity, have been deservedly canonized. The name occurs as that of the patron saint ol a parish in Guernsey, and of another in Cornwall. JVote 189, p. 180. At the Pleas held iu Jersey by the Justices Itinerant, John de Fresing- field, Drogo de Barentyn and John de Dutton, it was shown that the Bishop of Avranches, then held half of the tythes of the Isle of Sark. It is proba- ble that the other moiety went to the support of the monastery. It appeared also at the same Pleas, that Sark had formerly been held under the Crown by a Norman Lord of the name of Vernon, but that it reverted to King John by forfeiture on account of the adherence of its owner to France, when Normandy was conquered and annexed to that country during that reign. These notices are extracted from Documents said to have been extracted from Records, in the Court of Exchequer, where if it was worth while to enquire, they would be found to be still extant. Note 190, p. 181. This religious house of St. Magloire is thus mentioned in a work-pu- blished a few years before the French Revolution. " Le Seminaire de Saint Magloire fut autrefois une abbaye de I'Ordre de Saint Benoit, dont !a mense fut unie a Tarcheveche de Paris. II est sous la direction des Pretrcs de POratoire." (Encyclopedic Methodique, Geographic, Tome II, Art. Paris. 1784.) Note 191, p. 182. The Hermitage near Elizabeth Castle, is still probably the same as that in which this holy man resided. It is of the same rude masonry as that of other buildings of that remote period, a specimen of which remains in Jersey itself among the ruins of Grosnez Castle. The inundation which, according to the Abb6 Manet, formed the Bay of St. -Michael, as we have observed before, happened in 704. The Hermitage would then have been situated by the sea side, in the Ninth Century, as it is at present, and afforded a proper situation for a complete seclusion from the world, at the same time that the anchorite would be particularly expo- sed to the attacks of barbarians from the sea. (See also Note 18, p. 182). Note 192, p. 183. The dates of the Consecration of those Churches have been extracted from the LivreNoir, an authentic document formerly kept in the Cathedral of Coutances. Though that Extract has often been printed, it is not amiss to re-insert it in this Work. We add the days of the Week, calculated from Mr. Garnett's Perpetual Almanack, on which those Consecrations took place, K 3 434 NOTKS. which had not been done beforo. It is remarkable that those ceremonies took place on any days of the week indifferently. St, Brelade, . . . . Saturday... 27th of May 1111 St. Martin, Tuesday 4th of January .. 1116 St. Clement, Sunday 29th of September. . 1117 St. Ouen, Thursday.. ..4th of September.. 11 30 St. Saviour, Sunday ....30th of May 1154 Triuity, ^.Tuesday 3rd of September.. 1163 St. Peter, Sunday 29th of January 1167 St Lawrence,.. Monday.... 4th of January.. ..1199 St. John, Sunday 1st of August .... 1204 St. Mary, Friday 5th of October 1320 Grouville, (St.Martiu de.) ....Wednesday 25th of August.. . .1322 St. Helier, Wednesday 15th of August.. . .1341 It is not to be supposed, that an Island, which had already been converted for ages to Christianity, should have remained till the Eleventh Century without some places of worship, for the performance of the religious exercises of the population. AVhere historical evidence is wanting, we can only reason, from analogy and from facts. It is remarkable that 9 of those Churches were built in less than 100 years, and that the four most ancient ones arose in the space of 19 years, namely from 1111 to 1130. The ninth Church was erect- ed in 1204, and the 10th was not built till 116 years after in 1320, while the two last were founded in the subsequent 21 years. It is probable that the spiritual wants of the inhabitants were supplied at the different chapels, then scattered over the surface of the Island, that the Churches were built, as it was gradually divided into Parishes, and that the several religious houses in Normandy acquired their patronage over them, as they assisted the poor inhabitants with the means of con- structhig those edificies. There are many reasons to make us conjecture that the Island was originally divided ouly into nine Parishes. l p The length of time which elapsed between the building of the ninth and the tenth Church. 2" That St. Mary is still but an adjunct of St. Ouen, having but one Prevot for the two parishes, that St. Martin and Grouville have the same Patron, the Elder Saint Martin, (Vetus), and Saint Martin de Gronville. The Church of St. Saviour is built at one of the extremities of the Parish, but in a tolerably central situation, as if it made but one Parish with that of St Helier. The large extent of those three was probably the cause of their subsequent division. Note 193, p. 184. It does not seem to be generally known that these IJogues, or rather Hougues, mean merely any elevated ground, and that the word itself is of German de- i ivation,and comes from the same root as the English words, high, height, &c. The Latin /f*,and the French haul or hault,a.re probably of the same origin. That derivation may also lead us to suppose that those barrows are not of a more ancient date than the iavasiou of the Norman Pagans in the Ninth Ceutury. NOTES. 435 Aofe 194, p. 184. We refer the reader to Note 192, page 183, in which we have treated this subject at some length. Note 195, p. 186. The inconvenience of a foreign Bishop exercising his jurisdiction in the Channel Islands had been long felt. It is however evident that this Bull of Pope Alexander VI had not been carried into effect, as we shall have occa- sion to observe in another place. Some of the richest Foundations in Ox- ford, as Magdalen and Corpus Christ! Colleges were founded by Bishops of Winchester, and hold out great advantages to natives of that diocese. Aboot 35 years ago, the subject was brought before the Society of Magdalen Col- lege, when it was decided, that as the Islands did not make part of that diocese at the time of its foundation, the natives were not entitled to derive any benefit from it. A young- gentleman from Guernsey of the name of Le Mesurier had then a fair prospect to have been elected a Demy of Mag- dalen, which was effectually prevented by this decision. It is remarkable that John Neel, a Jeiseyman, and one of the Founders of St. Mannelier's School had been Chaplain to William of Waynfleete, the Founder of Magdalen ; and that Richard Fox, the Founder of Corpus Christi College, and who was in high favour with Henry VII, was Bishop of Winchester, when the Islands were transferred to his See by Alexander VI. It is not likely that the latter prelate, especially, would have excluded our countrymen from his foundation, had he considered them as irrevocably dismembered from the Diocese of Coutances. The Deed of Catherine De Vinchelez of 1501, which was after the death of Alexander VI, recognfses Jersey to have been then in the latter Diocese. (See Note 198.) The authority of the Bishop of Coutances was recognised by an Order of Council of Edward VI, of the 15th of April, 1550, as follows :"His Majesty's pleasure is, that the Bishopp of Quittance in Normandye shall bee permitted to use, and have the Ecclesiastical jurisdiction in the said Isle, as he and his predecessors have had, and used there heretofore in all thinges, not being, repugnant, or contrary to the Kinge's lawes, orders, and proceedings, ly- tuilted and prescribed unto you in the booke before mentioned, or to such as his Majestic or Counsel!, shall at any time hereafter prescribe unlo yon in that behalfe, which his. Highness' pleasure is that you shall inviolably observe as the same doth purporte." Note 196, p. 190. It is remarkable that the Incumbent of St. Saviour is the only one called^ a Vicar, in the English sense of that word. The glebe and the yearly pay- ment of Twenty livres are nearly correct even at this time. It would seem that this vicar was a kind of farmer of the Arch Deacon of Vauvert, and enjoyed his revenues in that parish on the payment of the above pen- sion. Those Vicars are thus described in the Recueil de Jurisprudence Cano- 43(3 NOTES* nique, Paris, 1755. Art. Cures, p, 167. " Les Cur6u qui sont reunis a des Chapitres, on autres Commuriaut6s Eccllsiastiques, et celles ou il y a des Cures primitifs, seront desservies par des Cures ou Vicaires perpeluels, qui scront pourvus en litre, sans qu'ou y puisse mettrc a 1'avenir des pretres amovihles, sous quelque pretexte que ce puisse etre." A little lower down, the text says that the Rector of Grouville has the ninth sheaf, which is more than would have remained after the religious houses had had their shares. The word was probably undecimam, which being contracted in the Livre Noir, was supposed by some ignorant transcriber to mean nonam. This is evident on a decimal calculation. At the ninth part the whole would be 1,027 or something more than unity, and at the twelfth part it would be neither more nor less than 999, which would be nearly right. Note 197, p. 192. Our religious readers will be glad to see Mr. Falle's authorities, to prove that the Reformation originally established in this Island, was that of the Church of England, under Edward VI, and consequently that the Presby- terian Discipline was not introduced till a subsequent period. We quote' a Letter, or Order of Council of April 15, 1550. " Wee have beene informed at good length, of your conformity, as well in all other things, wherein the said Sir Hugh hath had conference with you, touching his Commission, as alsoe in your earnest following and unbracing his Majestie's lawes and pro- ceedinges, in the Order of Divine Service and Ministration of the Sacra- ments ; for the which we give to you on thebehalfe of his Majestie,heartilie thankes, praying you, as you have well begun and proceeded, to continue in t he same. And with all due reverence, devotion, quiet, obedience,and unitie amonge you, to obsetve a nd use the service, and other orders appertaininge to the same, and to the ministration of the Sacraments, set forth in tlte Booke sent to you presentlye," The next document is an Act of the Court of the 21st of August, 1548, for the encouragement and support of two Protestaxit Ministers. " Pour le nonrissement et entreteuement de Maistre Martin Langloys et Maistre Thomas Johanne, tous les Juretz et Curetz de ceste Isle out delibere, et volontairement donnent aux susdits Maistre Martin et Maistre Thomas, chascun ung quartier de froment pour une foys payer, estre delib vres aulx susuommesala prochaine feste St. -Michel venant, pour entretenir les sus- iiommes, ung an prochain, venant pour annoucher au peuple la parole de Dieu puremeut et sincerement selon le texte de PEvangile. Et Monsieur le Bailly pour les payer donne deulx quartiers de froment pour une fois payer audit terme, et non aultrement." The Bailly at that time, was Helier De Carteret, whose name so often occurs in the Jersey Chronicles. The above. Martin Langloys was also naturalized the same day. Another proof is drawn from an Act of the Court of March 20, 1552, 3, , by which a man was sent to prison because his wife had taken a set of Loads to Church, a severiacrements,Ae la mainte- nir, vivre, et mourir en ycelle." (Chevalier, 4, and Note 46.) These are the acts by which politicians can mould religion to their own purposes, when the truth is that they are not restrained by any religious principles at all ! For One Hundred Years therefore, (from 1568 to 1660) the Jurisdiction of the Bishop of Winchester over the Channel Islands was merely nominal. From the earliest time of the Reformation till 1660 there was a rivalry between the two kinds of Ecclesiastical polity. Church of England, under Edward VI. Catholic under Mary. Calvinistic under Elizabeth and the greatest part of James I. Church of England under Charles I, and Calvi- nistic again under Cromwell's usurpation. From the Restoration in 1660, and for nearly the 150 subsequent years, the Island had strictly cortbrmcd to the Church of England ; but at the present time, in 1837, it contains a mixture of episcopalians and dissenters. Note 202, p. 199. This Confirmation was received with much exultation by the Calvinistic party in the States, as appears from the act of that day. (Septembers, 1603.) As Mr. Falle does not seem to have been acquainted with that Document,and as it is but short,it will be an acceptable addition to the Order or Grant of James I. " Pour faire entendre ^ tout le peuple la bonne voloute de Notre Souve- rain Sire le Roy d'Anglelerre, en Pexercice et administration de la Religion Reformee et Discipline d'icelle en ceste Isle de Jersey : II a est6 trouve ex- pedient par Monsieur le Gouverneur et les Estatz,que 1'Octroy et ccmroau- dement de Sa MajestS d ce regard la, soil publiee par le Vicomte Samedi prochain, afin que chacuu y rende obeissance. Les Ministres pareilleraent prendront copie, qui sera enregistree dedans les Raolles, et la publieront chacnn en sa parroesse." The intimate connection of the church of this Island with that of Geneva is too well known to need any further explanation,but there is a circumstance highly honourable to our ancestors, which seems to have been unknown to Mr. Falle and other historians, and which probably is now extracted for NOTES. 441 the first time from the Book of the States. After the attempted escalade uf Geneva by the Duke of Savoy in 1602, the citizens of that Protestant City applied to their Christian Brethren for pecuniary assistance. Among the rest, our ancestors, scanty and limited as were then their resources, came forward with their voluntary contributions in this truly charitable and patriotic work, as appears from tae following Act of the States of the 3rd of December, 1003. " Sur la reception des Lettres Recomiaendatoires de Messieurs les Ilabi- tans de la Ville de Geneve, addressees aux Eglises de Jersey, remontrans, comme par les attentats et perfldie du Due de Savoye, continuant journelle- inent ses surprinses militaires contre ladite Ville, leurs a occasionties a gran- des fatigues et coustaiges en leur detfeusive, presqu'iiisupponables au regard de la puissance d'ung ennemy si perfide, s'il ne leur estoit subvenu de secours par les moyens des gents de bien, faisans profession, de rnesme qu'ils font, de la Religion Refor:n6e ; Dont leur Agent seroit aupres de la Majeste de nostre Hoy, pour ubtenir quelque remede en cette necessity si apparente ; Et prouv que cela seroit du tout desrogier a la charite et com- miseration tant recommandee par la Parolle de Dieu envers les necessitous membres de 1'Eglise Catholicqne, joinct que de ceste Ville, sont sortis les commencemens de la piete reformee : II a este trouve expedient par 1'advia et authority de Monseigneur le Gouverneur, Kailly, Justice, et Estatz de 1'Ysle, que Messieurs les Ministres, chacun en sa Parroesse, re monstrant cette necessite au peuple, et les occasions d'icelle, avec les dangers qui eu resussissent, s'il n'y estoit remedie; Le exliortans au nom de Dieu d'y contribuer suivant leurs consciences. Que s'il s'en trouve quelque contu- mace et oppiniastre, il sera reform^ comme son inhumanity, le merite." Note 203, p. 201. The person here alluded to, was Elias Messervy, whom Sir John Pey- ton had presented to the living of St. Peter. The greatest part of the reign, of James I was spent herein disputes between the Calvinists and the Church of England party for the mastery. The Calvinists were undoubtedly the strongest, and it required nothing less than an unequivocal declaration of the Royal Will to make the latter prevail. The Calvinists had held out to the last, as it appears from a long and very interesting letter still remain- ing of Sir Philip De Carieret, the elder, who had been deputed by theStates to England, in which he relates the particular condescension of his Sovereign, and uses thei-e remarkable expressions : " Sa Majeste, laquelle je connais desirer le bien de vostre Estat autant comme d'aulcune aultre place de ses dominions, et estre auisy prest de vous protecler et deffendre, cas arlvenant, comme il feruit (afin que j'eusse ses mesmes paroles,) sa ville de Londres. The States on receiving this letter waved all further opposition to the religious establishment recommended by the monarch. The Act of that Assembly which is too lor.gr for insertion, is of the 27th of March 1619, The writer of this Note is in possession of a large number of Documents of the L '3 442 NOTKS. drucriptiou uf those winch our historian mentions at paye 202, and are perhaps copies of the identical ones from which he derived his information. Note 204, p. 202. . There are still a few particular observances, which may be considered as some remains of that ancient Presbyterian Discipline, such as there being no fonts used, having the Communion table in front of the pulpit, and that the Clerks read the Lessons, and sing two verses from the Psalms at funerals. None of these ceremonies are however retained from any religions scruples, or from a spirit of non-conformity to the Church of England. Within these few years the Ministers of several of the parishes have adopted the use of the surplice. The sign of the cross in baptism, and the administring of the io> o r nnftrft ?>iinT Note 205, p. 205. We believe this to be correct, and indeed it does not appear that there were dissenters of any kind in Jersey, from the Restoration in 1660 till the days of John Wesley, whose followers experienced great difficulties at their first establishment in the Island. Every idea of religious molestation has however long ceased, and the 22ad Canon against Schismaticks has be- come entirely obsolete. Note 206, p. 205. This high wrought character of Dean Bandiuel ought not to be taken too literally. He was an able but unfortunate man, who lived in troublesome times, and who eventually fell a victim to that persecuting spirit of which he had himself given a striking example. But for a full account of his poli- tical dissensions with the De Carteret family, and of his own melancholy end, we refer the reader to Note 46. Note 207, p. 206. The Constitution of the Dean's Court, is still the same as formerly ; but very little business is transacted in it. It is seldom held oftener than once a fortnight, and little else is done at the sittings besides swearing in of Church wardens and their assistants. Mr. David Bandinel, the first Protestant Dean, was sworn into office on the 15th of April 1620, and held his Court for the first time on Monday the 8th of May following. He was a man of a haughty and vindictive spirit, and if I am not mistaken, he afterwards excommunicated John. Herault, who was his cotemnorary, and Biilly of the Island. ;- , . NOTES. Note 208. . 207. ttoijaonrtiri -MI , j[, un - ,b,,' / ..,,}<> esiq*. At present the great tythes are portioned out as follows : Three Fourths belong to the King. The Rectors have One Eighth. And the Dean and the Improprietor of St. Helier One Eighth. These portions cannot be entirely accurate, as some parishes are larger, r more productive than others. The Impropriation of St. Helier has been sold out individually to roost of the land owners, so that this Parish is now in a great measure tythe free. The following are the decimal parts of the portions of the Rectors, as differently expressed iu the Litre Noir. St. Brelade, ,166 St. Mary, ; . . . ,333 St. Clement, ,4 St. Martin, ,333 Grouville, ,083 St. Helier, ,1 Thus these impropriations had left but very slender allowances, to six of the rectories, or rather vicarages. The other six parishes had nothing but their Novals, or Deserts, which were never very considerable, but which have become still more trifling since the planting of orchards, and the rais- ing of other produce has occasioned a decrease of tillage. From immemorial custom, only particular articles are tithable. Other tithes, such as wool, flax, and fish, though legally due, have long fallen into disuse. The tythe of other articles like hay, parsnips, coppices, milk, honey, fowls, &c , are not known to have ever been collected. Potatoes are a new production, (Dixme insolitej and therefore it is uncertain, whether the tythe of them could be exacted. The principle of the English law is that every thing which takes its rise and increase from the earth is tithable. This maxim is derived from the Canon Law " Suivant le Droit Canonique, tous fruits sont sujets a la Dixme, IPS grains, le via, les fruits, le poisson, les ani- maux, le profit du negoce, &c." (Jurisprudence Canonique. Art. Dixme, p. 217.) Before the French Revolution it was custom which regulated the parti- cular produce that was tithable. From our ancient connection with the Diocese of Coutances, we approach nearer to the Canon Law as modified in that Country, than as it is in England in Burn's Ecclesiastical Law. The custom of paying here but particular tythes was borrowed from France, and if we follow that analogy, we fear that the number of tithable articles, could not be extended. The Recueil de Jurisprudence Canouique contains a most valuable Treatise for any one who is interested iu the question of tythes. We make a few short quotations, Article Dixme, p. 218, " Cette decision de Dumoulin fournit de reponse a la question de qnels fruits on paye la Dixme, et fait coir, que c"est felon Vusage ; c"est le seal principe qifon pitittt donner en ee point ; in Gallia non debenlur, nisi consueluf. C'est-a-dire 444 NOTES. ne dait point do Dixmes en France qne ce'lex qui sont r/ T uoo-e." " Le Dixmes *e leveront suivant la coutume des lienx, el la quote accoutnmee- en iceux." " Cet usage n'est pas I'lisage e-eneral et uniforme i cet egard ; ce n'est pas meme I'usage de chaque province, chacune eu renferme souvent plusieurs do tous contraires ; c'est I'usage local de chaque Paroisse, de chaqnc territoire, de chaque canton ; quelques fois aussi il y a difFerens usages dans une mSme Paroisse. L'usage fait galement la loi, taut pour les especes de fruits qui payent la Dixme, que pour les Dixmes, qui passenl pour grosse* ou meiiues Dixmes, pour les Dccimaieura auxquels appartier.t la Dixme de telle ou telfe espece de fruits ; la raaniere de payer la Dixme, comme aux Champs, a la grange, a la gerbe, uu au boisseau, en nature de raisin, ou en vin, et pour la quotite meme de la Dixme." (Art. Dixme, Idem, p. 218.) Tu one word, Tithes are due in England on all sorts of produce. In France, tithes were not due at all, except on particular articles, and on which the right had been established by immemorial custom. .As observed before, our ancient customs in these matters have been derived from our former connection with the Piocese of Coutances. With respect to potatoes, they are tithable in England ; but to attempt it in Jersey, would not only be a very unpopular measure, but the legality of the claim, as well as its eventual success would be extremely doubtful. On reference to the above quoted work, (Art. Dixme, X. Quest. XI. p. 22.) the author speaks with some hesitation on the matter, but on the whole he seems to insinuate, that the tithe of unusual, or new produce cannot be exacted, In England every thing is tithable ; in France, the lands were tithe free, except for such particular articles, whose liability to be tithed was de- rived from immemorial custom. If tle result should ever be, after having tried the question, that potatoes are tithe free, the same exemption would apply to Indian corn, or to any other new produce, which might be introduced into the agriculture of the country. Where the tythe is already due on any article, the right cannot be affected by that produce having become more valuable. Pears are tythable in Jersey. Within the memory of man, Chaumontel Pears, cul- tivated in gardens began to bear a high price in the market ; for the training of the trees requires much care and expence. Hitherto that fi uit has not been tithed, though some years ago, it WRS in contemplation to do it. The measure was unpopular, and the Clergy preferred forbearance to the exercise of an undoubted right. It must be owned however, that the living of St. Helier would be the only one in the Island, which would be materially benefited by the tythe of Chaumoutel Pears. The principle of the Canon Law, that every kind of produce is tithablr, is certainly the most equitable. The question is not whether the tenth part is too large, or too small a portion for the Clergy, but that under every fluctuation in the sorts and quantity of produce, some reasonable provision should still remain fur them. The inconvenience of the want of such a 445 rule, is severely felt in Jersey, where only particular sorts of produce are liable to pay. Thus the estate of a rich and influential man may produce nothing' but corn,who while he owes tithes but to the ImproprietorjCoutrihutes* nothing to the minister. In bad years the apple crop totally fails, which- leaves the clergyman with scarcely any subsistence, while the farmer in- demnifies himself by abundant crops of almost every thing else. The- novals, when they can be ascertained, pay their corn t\the to the Clergy, but they are now mostly withdrawn from tillage, and left to gras?, or planted with potatoes, for both of which no tythes are liable to be paid. This ia another evil of the system of particular tythes. A general composition would be extremely desirable, but it would be diffi- cult to supply a plan for one, and still more so to carry it in to effect. A commutation of tythes would be still better, but I may venture to say, that it would be totally impracticable, till the minds of men had been prepared for such a measure by the previous adoption of the same iiv the mother country. Ft is not commonly known that the Royal Commissioners Coirway and Bird.arldressed a Report to the Archbishop of Canterbury and to the Bishop of Winchester, about the state of Ecclesiastical matters in Jersey. The Report itself though interesting is too long for insertion. What they say about tithes will however be useful as an illustration of our subject. " Concerning tithes, it is allowed, that the decision of all questions con- cerning them, hath ever belonged to the Civill Court. But for reformation of some abuse crept in about the payment of tythes, wee humblie pro- pound, that whereas by the lenitie, negligence, or connivance of some former ministers, divers kinds of tithes in specialise have been forborne to bee paid in divers parishes, they may bee from henceforth paid in every parish, as they have been, or are yet paid in any parish ; that is to say, whereas tithes of some thinges are paid in one parish, and not in another, that in such case, the parish that paid most, shall bee a rale to all the rest of the parishes for the payment of tithes." In consequence of this Report the Clergy inserted a Section about tithes in Thirteen Articles in the Canons, which they submitted to James I for his Royal Confirmation. These were highly in their favour, but as no vestige of them appears in the present Canons, it is probable that they were op- posed by the Jurats, whom the Royal Court had deputed to England, to object to some parts of those Canons, and that this was one of the parts, which were rejected in consequence of their representations. Note 209, p. 208. These Novals may be better defined to be Fields here and there inter- mixed with all the other lands in a parish. The case then is, that when any of those fields cannot, from some cause or other, be any longer identified, they are merged In the mass of the other lands, and lost to the incumbent. The most equitable arrangement would be lo exchange them, and give an adequate quantity of tithable land lying together, tube the Clergyman's portion. m 446 NOTES. Aote 210, p. 208. Those fees exist now for marriages and funeral? j baptisms are performed? gratuitously. It is usual for the Minister to conduct the funeral from the last residence of the deceased to the Church, which in St.-Helier, where there is a large population, adds considerably to the labour of the cure. In the country parishes the Clergyman lias not ^infrequently two or three miles to go to the house, .which occasions a considerable loss of lime. Note 211, p. 208. This is the case to this day. la collecting this kind of tythe, the Clergy have to struggle with every kind of difficulty, the irregularity, and some- times the bad faith of some of the tythe payers-, the being paid in kind with bad fruit, with no other remedy than a law suit, and in plentiful years, a glut of the commodity, which renders it almost unsaleable, and after all, the absolute necessity of giving long credits, so that a Rector ,if at all forbearing, is some years before he can close up a tythe account of his apples. V/e refer the reader to Notes 83, 84, and 85. ( 'JT>w t09(dll si!( '7 jjirfj trge g%&9V */5J| Note 212, p. 208. The 20th Canon does not expressly say, that the Dean is to be a native, as is the case with the parochial clergy. Dandinel, the first Dean, was indeed an Italian, but it has always been expected that that high and influ- ential office should be conferred on a Jerseyman. The circumstance to which Mr. Falle alludes happened in 1729, on the death of the then Dean Mr. Le Breton, who was also Rector of St. -Mary. The following tradition about it has been preserved. Duret, a French Refugee, was Rector of Trinity Parish, and patronised by Lord Cobham, the Governor. That noble- man exerted his interest for him,and would have obtained him that preferment had not the insular clergy caught the alarm, and induced the States to peti- tion Government, that a native might be appointed. Their application was successful, and it was decided that the Dean should be a Jerseyman. Mr. Le Hardy, the King's Procurator in Jersey, happened to be then in London. Lord Cobham sent for him, and after having expressed his ill humour at the opposition of the insular clergy, asked him if he could recommend any qualified person. Mr. Le Hardy seized the opportunity to mention Mr. Payn, who was then Rector of St. Lawrence, a friend and a relation. Lord Cob- ham immediately said with much emotion : Then he shall have it. This ap- pointment accordingly took place. Mr. Payn was a young man of not more than 25 years of age, and it had been his good fortune to have then been dangerously ill of a fever at Oxford, a circumstance which necessarily pre- vented him from taking any part in the exertions of his brethren. It is thus that those, who are the most strenuous, and even the most successful in re- sisting oppression, are precisely tbosp who are the most seldom rewarded. Mr. Scale, who had been particularly active in opposing Lord Cobham, was suffered to remain for almost 20 years longer, Rector of St. Clement's, the smallest living in the Island, from which he ultimately retired by resigning it. "A* to Mr. Payn he held hi office till his death in 1775. NOTES. 447 Thus for tradition, which is fully corroborated by several Acts of th States. The first of these begins with dismissing Duret from a Committee of the State**, without assigning a reason. No. 2. A Committee was appoint- ed to prepare a Petition to the King 1 , with the view of preventing any other but a native from being appointed to the Deanery of the Island. No. 3. Is au Act to approve of that Petition. No. 4. The Reverend Mr. Scale, who had been sent to England to support that Petition was successful, and on his return, he received the thanks of the Stales for his exertions. It is remarkable that no Order of Council was then issued ; but the ap- pointment of a native in consequence of that Petition, was a tacit acknow- ledgment, that Government intended that this preferment should be confer- red upon natives. Mr. Payne's Patent is registered, and is dated the 5th of May, 1729. No. 5. Is another Act of the States to pay Mr. Scale the expences which he had incurred during his stay in England to support that petition, amount- ing to 53. 8s. Od. As those documents are very curious and not very long, hut difficult to be procured from the Book of the States, we lay them before our readers. A few years ago that Petition and other Papers on the subject were supposed to be still extant, but as they were not registered iu the Book of the States, 1 have not had an opportunity to see them. No. I. Estals, 6 Fevrier, 1728,9. " Le meme Comite appoint^ par Acte du 15e. jour de Juiu dernier, pour faire accord pour un bateau de garde, est r- quis et autoris^ de faire tel nouvel accord qu'il sera necessaire pour la conti- nuation d'uu bateau de saute jusques d autre ordre ; le Recteur de la paroisse de Saint Sauveur demeurant aujourdhuy requis et autorise Ui,Ud . 448 NOTKS. terre, et des demarches qu'il a fait pour soutenir let Drvts et Privilegts de* na'ifs de cette Me au Doyenne a ^exclusion (Tun etranger qui y prdtendait : Le- dil? F.statsont remercic ledit. Sieur Seale pour les irins et les peines rju*il uprises a ce sujet. Et nnt ordvane qitil sera rtmbourst de set fraix. A'o. 5. " EQ coiiformit6 d'un Acte des Etats de PAn 1729, le 12e. jour du mois de Juillet, par lequel il est ordonne, que le Reverend Monsieur Thomas Seale sera rembourse des fraix qifil a eucourus en Angleterre poursou- tenir les Droits et Privileges d'un natif de cette Isle au Doyenne, le conipte duiit Sieur Seale, se moatant a la somme de Cir.quante Trois Livres Ster- ling, Huit Chelins, ayant ce jourdhui e(6 prodnit et lu dans les Etats, il a etc approuvS, et partanl il est ordonne par la pluralite des opinions, que la dite snmme lui sera payee par tous les Connetables de cette Isle, chactin sitivant au rat de sa Paroisse," Mr, Seale received no other reward ; but his public spirited conduct in resisting such a remarkable encroachment, deserves to be remembered, as that of a patriot who afforded a bright example for the imitation of his coun- trymen iu succeeding times. Note 213, p. 208. This expence does not fall on the poor's rate or Parishes, as one might understand from the text. Those houses are kept in repair out of the Tre- sor or Church fund, so that the expence is not felt by the Parishioners. It also eases the Clergy from any responsibility about dilapidations. It is not known how lon^ this has been the practice. In the claims of the Bishop of Coutances, p. 19.'5, dilapidations are mentioned,a document which from its ex treme length we have declined to insert in this work. The 24th Canon also mentions dilapidations. The regulation for the repairs of the Churches and parsonage houses, is inserted in the Jersey Code of Laws, (Article Tresors,p. 319.J The clergy are exempted from the poor's rate for their benefices, but not from contri- buting to the special defence of the Island. (Code of Laws, p. 269. ) On account of those exemptions, the parsonage houses are much larger than one might expect on such small bene6ces. This exemption from repairs and dilapidations is also a remains of the French Ecclesiastical Law. We quote the Recueil de Jurisprudence Canonique, (Art. Cures, p. 170.) " Les Habitaus sont tenus de fournir au Cure un log-ement convenable. Ce logement ne comprend poUit les granges, ecuries, etables, ni autres lieux de bestiaux (*) mais quaud le Cure est gros decimateur, et que les dixmes qu'il pe^oit se tnontent bien au-dela de la portion congrue, il doit contribuer aux grosses reparations du Presbytere, jusqu'il concurrence du tiers de ce qui lui reste. " En attendant que le Cure soil loge, on oblige les habitans de fournir (*) It wai* formerly disputed whether the outhouses and offices of par- sonages in this Island ought to be kept up at the expence of the Rector. After some tedious litigation between the Rector of St. Clement and h : s Pa- rishioners, the question was finally determined by an Order of Council about the end of the last Ceutury, in favour of the Clergy. NOTES. 449 tous les ans, une certaiue somine au Cur6 pour sou loyer, selon le terns, et les lieux." Note 214, p. 209. 9Uvqt>u* > Some years ago an application was made to the Governors of Queen Anne's bounty to extend it to this Island, but it was unsuccessful. The li- vings in Jersey are still very small, and though they seem to have risen nominally, yet owing to the decrease in the value of money, they still afford as inadequate a provision for their incumbents as in the days of our histo- rian. It is however to be hoped that this state of things will not be suffered to last much longer, and that a mild and beneficent government will grant the clergy at some future period, some allowance of the great tythes of the Island. It is only within these few months that government has improved the benefices in Guernsey by payments to be made out of the tythes, which had fallen to its disposal by the demise of the late Governor. Note2\5, p. 210. The Jersey Chronicler, at Chapter XXVI, gives an ample detail of the destruction of those superstitious endowments. The early records contain several Acts concerning the sale of (he obits, or rents given to say masses on the anniversaries of the decease of the Founders. As to the tythes them, selves I coincide in Dr. Heylin's opinion, that the Jersey tythes had already reverted to the Crown at the suppression of the Alien Priories under Henry VI. It appears from the Records, that during the latter part of the reigns of Henry VIII and Edward VI, that the tythes of the respective parishes were let out to different persons. (See Acts of the Court of July 25, 1550. Dec. 6, 1550, and 16th of April 1551, and Note 226 ) Note 216, p. 211. It is remarkable that the great tythes in the Channel Islands, are the only ones remaining in the hands of the Ctown since the grant of Queen Aimc's Bounty. And indeed their Clergy, both on account of their own loyalty and that of their people, have as strong claims to experience the Royal bene- ficence as those of any other part of the United Kingdom. At the same time, that pluralities, or large benefices, are neither necessary, uor even con- sonant with the true spirit of tha Christian Religion, it is equally true that its ministers should be not only raised above indigence, but placed 011 a level with the more respectable part of their parishioners. It may not be amiss to say a few words about Mr. Falle's second plan, That each Incumbent should be granted a lease of the tythes of his parish under such Covenants, as to leave room for him to make some advantage of them in let- ting them out again to his parishioners. It is singular that our historian after having expressed himself so explicitly on this subject, has not mentioned that the clergy had already petitioned the Crown to become lessees of the Great Tythes. Though resident hi England at the time, he was still Rector of St. Saviour, and could not have been ignorant of the circumstance. The application was opposed by the Governor, and was in consequence refused 450 NOTES by the Privy Council, whose Older of February 23, 1703,4 was registered on the 14th of September following. (Samedi, No. 78, fol. 138.) The King's tylhes, or rather the Governor's, have always been underlet, and therefore it was unfortunately the interest of the land holders, that they should not revert to the Clergy. The composition paid for them is still under their real value. The Functionaries erf the Royal Court petitioned in 1796 for an ad- vance of salaries, which was at first demurred to, as likely to have affected the Governor's income. The objection was however overruled on the sug- gestion, that the compositio n for those tythes might be raised fifteen pence a vergfie, or rather more than 30 per cent. This did not openly affect the Governor, and the petit! oners obtained an increase of salary. Afae217,p. 213. The livings in Jersey are still in the same unprovided state that they were at the time of the Reformation. Their not being in the hands of pri- vate patrons, was in one sense a bar to their improvement. But it may have sometimes been an inducement to lay improprietors to augment bene- fices, that they might ultimately become a provision for some of their rela- tives, or at least, that their benefaction would be compensated by the in- creased value of the advowson . Those causes could not operate in a coun- try, where, the Governor who was a grantee of those tythers from the Crown, had an interest directly opposed to that of the Clergy, and whose income would have been affected by the Royal munificence. What Mr. Falle says of the Portion Congrue before the French Revolution is strictly correct. There is a very long Article on that subject in the Recueil de Jurisprudence Canonique, Paris, 1755. We shall just make a few short quotations. " La quantite de la P ortion Congrue a d'abord 6te indefinie ; elle a accru insensiblement a une somme qni est presentement fixe, et qn'on pent dire beaucoup plus raisonnable, qu'elle ne 1'e'toit dans les commencemens ; mais elle est encore bien modiquepour les Cures, qui doivent a leurs Paroissiens qui soat dans 1'indigence, les secours temporels avec les spirituels." " La Declaration (de LoisXlV) du 29 Janvier 1686, concernaut les portions cou- grues rontient neuf dispositions. " La premiere fixe la portion congrue pour les Cures on Vicaires perpetu- cls a 300 Livrcs. " La seconde donne aux Cures, outre la portion congrue, les offrandea honoraires, droits casuels, et les dixmes novales." (page 67.} " La portion congrue est due a tous les Cur6s iudistincteinent ; mais elle ne peut dtre demandee que par ceux dont les revenus fixes el certains vont au dessous de la somme de 300 Litres, &c." (page 68.) JYote21S,p. 213. It is a fact, that within these few years the Clergy have petitioned his Majesty to take the scanty revenues of their benefices into his Royal consideration, and grant them a suitable augmentation. NOTES. 451 Note 219, p. 216. The inhabitants, particularly those who were friendly to a conformity with the Church of England, bad long been desirous to be entitled to some of the Foundations in the Universities. The islanders had no encourage- ment to send their children there ; the distance, the expence,and the blen- der chances of obtaining English preferment, equally deterred them. Naturally our youth would resort to Saumur and other continental protestaut Universities, from which they would return with prejudices unfriendly to the Church of England Polity. During the residence of the Royal Com- missioners Conway and Bird in 1618, the States presented a Memorial to them about their humble Requests, the Vllth Article of which was as follows : " And for soe much as we are not able to maintaine our poore Schollars at the Universities to studio Divinitie ; May it please His Majestic to grant unto us some places in such of the Colleges, which are in his Majestie's gift, for such poore Schollars, as shall bee recommended to His Majestie by the Three Estates, or Common Council of this Island;" Three Fellowships were at last founded in 1635, in the manner that Mr. Falle relates. The nomination was vested in the Dean and Jurats, which was an indirect refusal of the former Memorial to place it in the States or Common Council. Whether that alteration was unwise, it is not necessary for me to determine, though it wonld seem that the Clergy ought not to have been ex- cluded from the Nomination. It is equally uncertain whether that Foundation has been of any real advantage to the Channel Islands. From its earliest date it has been a source of intrigue, of partiality, and of litigation. The Dean gives a sepa- rate nomination, and the Jurats give another, thus forming an appearance of two distinct Corporations. When the Dean and the Jurats have differed, which has often been the case, a contest has immediately ensued, which generally ended in a compromise between the parties. Notwithstanding this evil is of very long standing, the legal question has never been deci- ded. There are however strong presumptions against the Dean's claims, because it would be absurd, that he could do as much alone as all the Jurris together. Sir Philip De Carteret, (See Note 46,) who was Lieutenant-Gover- nor and Bailly when those fellowships were founded, was a man of educa- tion and high family connections. It is therefore improbable that a perso- nage possessed of his powerful interest, would have allowed the Dean without any remonstrance on his part, to acquire such an important privilege. The reason that the Bailly's vote is not mentioned, is that Sir Philip had formerly been elected a Jurat before he was raised to the chair. It has also been doubted whether these Fellows can hold livings in the Island with their Fellowships. It would seem as if the decision had been in their favour, as there are several precedents of the kind. I should however be inclined to adopt the contrary opinion, and that the suitable preferments there, where they are to serve God, means any of the Jersey benefices, consequently, that they vacate the fellowships, A contrary interpretation has the effect of less suing the num- 452 NOTES. her of vacancies, and is therefore prejudicial to the purposes of education. Another evil has been the litigation between Jersey and Guernsey, about which of the two Islands had the right to nominate. It is however to be hoped that this point has at length been laid at rest by a Decree of the late Duke of Portland, Chancellor of Oxford, in 1804, by which that nobleman ruled, That the Island which had simultaneously enjoyed Two Fellowships, should next enjoy but one, without any reference to the number of indivi- duals, who might have been elected Fellows, It prevented the possibility lhat one Island should enjoy the three Fellowships at once. Thus from 1790 to 1820, Jersey enjoyed two Fellowships, and had but two Fellows elected, whereas Guernsey had but one, the Pembroke College Fellowship, into which about half a dozen Gnernseymen were successively elected. It is seldom that those Frllowships have been enjoyed by laymen, though there are instances of it. We cannot help observing in this place, one of the many instances of Mr. Falle's laxity of opinion, which one would not have expected from a person of his abilities and good sense. It is only necces- sary to make quotations. Mr. Poingdestre was a friend of the author, a learned layman, and an eminent magistrate. (See Preface, page viii.) In the very page of this Note, p, 215 and 216, he says thus : " The two first elected for Jersey were Mr. Poingdestre, whose name so often occurs in this work, and Mr. Brevint, mentioned in the Introduction, both turned out of their Fellowships for their loyalty, by the Parliamentary Visitors in the year 1617." " 'Tis an abuse, and a contradiction to the Royal Founder, that any should enjoy them who have in view, and are in pursuit of other professions^ 1 This is a singular way of praising a man ! Mr. Poingdestre was almost forty years of age, when he was ejected, and had had full time to take orders, had he intended to do it. On the contrary, he became an Under Secretary of State, was a lawyer by profession, and remained a layman to the day of his death. We however fully agree in Mr. Falle's opinion, respecting those Fellowships, that it is an abuse for laymen to retain them, and that they ought never to be given but to young men, who are really intended for the service of the Church. It may be asked whether those Fellowships have answered the intentions of their Koyal Founder, and been beneficial to the Channel Islands. I think that the contrary has happened, and that the Islands have not in conse- quence been supplied with more learned or better qualified Ministers. The Founder began at the wrong end, for iu the first place, he ought to have im- proved the livings, and made them worth the while of men of learning and abilities. Instead of which the Fellowships became annuities for young men of merit and ambition, who would soon despise the scanty provision which their native country afforded them, and prefer to run their chance of ad- vancement in England. It is well known that Fellowships when bestowed on young men of learning and talents, have in many instances eventually led them to the highest honours in Church and State. There is not one be- nefice in the Islands, which would be so valuable to a rising and ambitious young man, as one of these Fellowships. It is thus that the Fellows of the 453 rich Foundation of Jesus College, Oxford, seldom think of returning to practice apostolical abstinence on the poverty and solitude of their native Welch rectories. Individuals therefore, and not the country, have been benefited by these Fellowships. The mode of electing them has also been unwise, which, as we have seen, has been productive of endless litigation. The Fellowships ought to have been founded in the same College for natives of the Islands, to be elected indifferently from any of them by the Society. As it is, the pa- tronage of the Dean is too much, who may from favouritism nominate an ob- jectionable candidate, while the Jurats, from their habits of life, cannot be supposed to be, as a body, the most competent judges of proficiency, either in the classics or in theology. Fellowships have been productive of the singular advantage of having brought forward many individuals, who have done honour to the Island by their learning, their virtue, and their talents. Among these are the names of Drs. Brevint, John and David Dnrell, Dumaresq, Bandinel, and John and Edward Dupre. The late learned and venerable Dr. Valpy had not had a Fellowship, The Morley Scholarships are very trifling endowments, which have remained stationary, notwithstanding the decrease in the value of money. They are nominally 10 a year each, for 10 years, but the College deducts eighteen pence for each week of non residence, which reduces them to about 7 a year, with a set of rooms worth 5 or 6 more. They are nominated in the same manner as the Fellowships, with the addition of the Bailly's vote. There are three Scholarships for Jersey, and two for Guernsey. The reader may find the Patents for these two foundations in 'he Enquiry about Elizabeth College, Guernsey. (Ill Appendix, N.N. 6 and 7.) Note 220, p. 216. For more than half a century there have been no foreign protestant minis- ters among our beueficed clergy. Occasionally some of those gentlemen are still employed as assistants, or curates; but it is indispensable that they should have previously obtained ordination in the Church of England. Note 221, p. 217. Laurcns Baudains originally intended to have founded a College in the town of St. Helier, but the idea seems to haee been ultimately given up on account of the insufficiency of the revenues: It is thus that the intention of building a College has been entertained for almost 250 years, but has not yet been accomplished. It is even doubtful, whether such an establishment would be desirable in the actual state of society in this Island. The benefaction of La.ureas Baudeyn had already been put in mortmain, as appears from an Act of the States of the 3rd of October, 1603. The affair of this intended College was subsequently often brought before the States, till at last, the plan was abandoned, and a Royal Patent obtained about the application of that benefaction in future. (See Act of the States of Jin. 9, 161 1,2.^ A French translation of this Patent has been printed in Le Jeuue's- History, Appendix, pp. 85, 99. The Donation consists of a mill and some 454 NOTES. rents, which are still the same as in Baudeyn's time, with the addition of a few 100 iu the funds. The income is applied at the discretion of the trustees to assist young men of moderate resources to obtain a University education. Note 222, p. 217. Those schools are still nearly in the same state as in the time of Mr. Falle. It is an improvement that the English language is now taught in St. Manelier's School, which was not formerly the case. The late Rev. Dr. Dnmaresq, the venerable benefactor to the Jersey Library, who died in 1805, had been educated there. Those Schools are but inadequately en- dowed, and litlle can be said about their efficiency as establishments, where youth might be gratuitously instructed in the classics. Note 223, p. 217. John Neel was a native of Jersey, and had been graduated iu the Univer- sity of Paris. He became afterwards Treasurer to William of Waynfleet, Bishop of Winchester, who died in 1486. He outlived the foundation of his free schools but a short time, having died in the situation of Dean of Prince Arthur's Chapel on the 15th of March, 1497. These particulars are collected from his Latin epitaph, which we insert as a curiosity not unac- ceptable to some of our readers. Ossa Johannis Neel tenet hoc sub marmore tellus ; Spiritui sedes quaeso sit empyrea. Gersese nato (septem dedit artibus,) illi Jura Magistratus inclyta Parisius. Inde Thesaurarius Rectorque domus venerandi Pontificis Wainfleet, hicque Magister erat. Principis Arthuri post haec, regit ille sacellum Sorte decanatus, cui bene carus erat. Gymnasiis natale solum splendescere fecit Binis, quo discas grammata perpetuo. M. semef et Cenios, (*) si tres tamen excipis annos, Martia quinta dies ter sua fata docet. Ergo pii celebrate pi urn, precibusque juvate, Quo Deus setherea pnnnat in arce suum. Note 224, p. 217. The Patent not having been produced before the Royal Court, when the right of the Dean and Clergy to elect had been contested, they lost their cause, and the decision would have been final, had not Mr. Falle himself and another clergyman had the spirit to appeal to Council, where the Patent having been produced, the result was such as he mentions. The Order of Council is registered in uur Records, and is dated Nov. 16, 1693. Note 225, p. 218. This actually took place within a very short time after the publication of this history, when the library was founded by its excellent and patriotic au- (*) Evidently an unclassical contraction for quingenlosoOV, NOTES. 455 thor. We refer to the Book of the States of that period, which contains a great deal of correspondence on that subject. The collection is highly v a . luable, and contains many scarce and expensive books, which literary men would find it impossible,!*! many cases,to procure in Jersey. It is however to be regretted that it i* not more frequented, and indeed most of those who go there, do it only for the occasional consultation of particular books. There is also too large a proportion of theological works, which can be easily ac- counted for, as having formed part of the library of a clergyman. There are comparatively but few modern books, as Mr. Falle left but the in- terest of 200 iu the 3 per Cents for the purchase of new ones. The late Dr. Daniel Dumaresq, a native of this Island and a Canon of Salisbury, gave likewise his books to this library, and thereby nearly dou- bled the collection. That worthy man was more than 90 years old, and had been a distinguished pattern of every virtue, that could either dignify or exalt human nature. He had been chaplain to the British factory at St.-Pe- tersburg, during which time he was honoured with the notice of the Em- presses Elizabeth, and Catherine II. After his return to England he corresponded with Stanislaus Poniatowski, the unfortunate, and the last king of Poland. The publication of those letters would be in some respects a public acquisition. This truly good and disinterested man, this counter- part of the Man of Ross, died in 1805. Dr. Dumaresq had been brought up at Pembroke College, Oxford, and afterwards became Fellow of Exeter College in 1740. While at Pembroke College he became intimate with Shenstone and his friend Graves, the au- thor of the Spiritual Uuixote. Dr. Dumaresq was what was then called a water-drinker, so that after a time Graves left him and went over to Shen- stone's party. His friendship for Graves lasted through life, and subse- quently when the former was settled at Claverton, and the latter in Ba(h, the two octogenarians still continued to visit each other. The States for a few years past have annually voted 100 to purchase valuable works for this library, and the number of volumes is now said to amount to five thousand. It is also projected to increase the buildings, and to ren der the library better adapted for public accommodation. Note 226, p. 219. The origin of those Tresors is very ancient and certainly of a date anterior to that of the Reformation. The same may be said of the Charity fund. These benefactions consist of small sums of quit rents, payable yearly, ac- cording to the actual price of corn. These funds vary iu value according to the respective parishes. They were originally the gifts of pious persons to the Church and poor, for permission to be buried in the Churches. The Tresors have at times been much curtailed for the purposes,whicb our author mentions, instances of which frequently occur in the Records of the States and of the Royal Court ; but which it is unnecessary to quote. The abase was at length remedied by the Jersey Code of 1771, which has a long Article about those Treiors, the substance of which is as follows : " Les Ilevcnus 456 NOTDS. des Trsors des Eylisc^, scront appliques par les Snrveillans, aux repara- tions', cntreticn et besoins des Eglises et Maisons Presbyteriales, &c-&c." fpage 319.^ At present when the income is insuffirient for the expenditure of the current year, it is usual for the Parish to borrow money on the se- curity of the Tr6sor, and to repay it in better times. If after all the Tresor would not be sufficient, then the parish rate is liable to make up the defi- ciency. The Charity Fund is similarly situated, and from its general and acknowledged insufficiency has resulted the poor's rate, about which we shall say more in another place. The principal advantage of the Titsors is, that it relieves the parishes from the necessity of Church rates, and prevents that discontent which is so frequent in England, when dissenters are obliged lo contribute to that kind of tax. It is therefore owing to those Trcsors that Church rates are unknown among us, and lhat those venerable places of worship, are re- paired without any expence to the public. It is thus that the superstitious vanity of being buried in Churches in former ages, is now made available to the public good. The lay improprietors in England are liable lo the repairs of the Chancel, which is about one third of the expence. The King is lay impropriator in Jersey ; but here also his revenues are benefited by the Trtsors which exo- nerate him from that charge. The Obits, or rents given to say masses on the anniversaries of the de- ceased, might also have been applied to some good purpose or other ; but they were seized by the iron grasp of confiscation at the Reformation, and either sold off, or annexed to the Royal Patrimony in the early part of the reign of Queen Elizabeth. (See Note 215.) Note 227, p. 219. This office of Lay Deacons, or Collectors of Alms, as they are more com- monly called, still subsists, who during their office are members of the Vestry. As to the poor's box, and the Tronc, they produce now but little, which is the less surprising in a country, where the law has rendered the parishes liable to support the indigent. There is also whdt is called the Jersey Hospital, a noble building and extensive establishment, founded a few years after the death of Mr. Falle, by a bequest of Mary Bartlett, Widow, ao opulent lady, and a native of this Island. A description of that Hospital would exceed the limits of a Note. At present the poor's rate is regularly assessed every year in January in all the parishes. The casual resources mentioned by our historian are totally insufficient, and the sums required to be levied for the relief of the poor, es- pecially in the town and parish of St. Helier, are become very considerable. The poor's rate is not assessed as in England ou the occupiers or tenants, but on all the freeholders resident in the Parish. All persons assessed to the poor's rate acquire the elective franchise, and those who contribute to a certain amount, as regulated by an Order of Council of I804,are Principals of the Parish, and members of the Vestry. NOTES. 457 .Vote 228, p. 220. At the request of (he late Bishop North, the late Bishop of Salisbury, Dr. Fisher, visited the Channel Islands iti 1818, and the next year the for- mer prelate sent an excellent printed charge to the insular Clergy, to express his regret that ill health and advanced years had prevented him from visiting that part of his Diocese. The present Bishop of Winchester has since visited the Islands in 1829, and 1835. The Bishop derives a Jurisdiction, as it is li- mited by our local Canons ; but has neither emolument nor patronage from this Island. Note 229, p. 221. It appears unfortunately, that from the earliest times this Island has been much divided by party dissensions. The reigns of Elizabeth and James I have scarcely handed down to us any other memorial, than that of the poli- tical feuds of our ancestors. Their descendants have not lessened an evil, which is indeed to be truly lamented, but to which it is not so easy to find a remedy. It has been the object of these Notes to confine them to what was strictly literary and historical, and to avoid the expression of any bias of personal or political feeling. We hope to have adhered to that resolution, but at all events, any departure from it has not been intentional. Note 230, p. 221. It could not be expected, that with an increased population, and in the pre- sent state of Society, a perfect conformity should have continued. Dis- senters are now numerous, who have divine service celebrated in Chapels of their own in the French and English languages. There is also a Catholic Chapel. The 22d Canon against non-conformists remains unrepealed, but it has virtually ceased to exist, Note 231, p. 22]. Mr. Falle alludes to a riot which happened in 1729 on account of some alterations in the currency. The angry passions,which it occasioned among individuals, were scarcely allayed, for 20 years after, as appears from the Books of the States and of the Royal Court. It would be difficult to say at this time, who was in the wrong, and if it could, it would be uninteresting. It was alleged that the French currency had been depreciated, and on appli- cation having been made to Council, it was successful, to raise it 50 per cent. This is what is called to this day Order Money, to distinguish it from the Livre tournois, or to express it more intelligibly, it required six Hards to the sous instead of four Hards. Haifa year was allowed to change Bonds, &c., according to the new Currency, but many individuals through inability to pay off their bonds, or through neglect of their own, became the victims of that regulation, and had their incumbrances raised 50 per cent. This produced an excessive exasperation, and a furious riot ensued. The Lieute- nant Bailly of that day narrowly escaped with life, and sought an asylum in Elizabeth Castle. The consequence was that a body of soldiers was sent over to keep the country in subjection. Matters were then carried with a N 3 458 NOTES. high hand, and in 1734 five Jurats were dismissed, and disqualified from the Bench, when the people elected either their sons or nearest relatives in their place. It is not therefore astonishing that such a state of things, should have caused the heart of so good a man, and so sincere a patriot as Mr. Falle, to bleed, and that in closing his history, he should have been desirous to cast a veil over such a deplorable transaction. It became a term of reproach in some families to be called a six ah sous, which had been continued down to our times. As to order money, it was never adopted but in legal and official instruments; all common calculations have been continued in the Livre tournois. About two years ago, an Order of Council substituted the English currency ; but the ancient partiality for the livre and the sous, still remains in the common transactions of buying and seflin g. Note 232, p. 223. It has been observed at page 415, Note 151, that Geoffrey Wallis had not been attainted. This must be understood, that according to the X Ar- ticle of King John's Charter, it could not have been done legally. "That no man convicted of felony out of the said Islands, can forfeit his inheri- tance within the Islands ; but that it shall descead to his heirs." The treasou of Wallis having been committed in England, it removed, according, to this Article, every legal impediment to the restoration of the property to Faulteroy.. It is however doubtful whether Faulteroy ever derived any benefit from the Granl of Henry VII. The Chronicler says that Henry VIII granted that estate to Helier De Carteret, the Bailly, probably about 1520. It is certain that it continued to make a part of the Royal Patrimony for a Jong time, that it is mentioned as such in the Extent of 1607, and that it was not finally alienated till 1650, when it was granted by Charles II to Sir George De Carteret, as a reward for his services. It is impossible to say, whether Faulteroy received some compensation for bis grant, or whether u was resisted, and finally evaded by those who were actually in the enjoy- ment of the St. Germain estate. Note 232, p. 224. Charles II confirmed the Privileges of the Island after his Restoration, as was the case at the beginning of every new reign, but in this case the clause about the grant of the mace was added. We have inserted at the eud of Note 46, page 343, an Act of the Royal Court concerning Sir Philip De Carteret, whose ealogium had, according to it, been engraved by his Sove- reign, on the mace, in letters of gold. The original Patent may be found regis- tered at Heritage 22nd of April, 1663. The Patent about the nomination of the Bailly, &c., Aug. 6, 1615, inserted in the Appendix, No. Ill, was registered at Heritage, the 25th of September 1615. While on the subject of the mace, it may not be amiss to say a few words about the halberdiers, or pikemen, who are bound to attend at trials for felony, and at executions. (See Note 29, ^.290.) Their duty is precisely that NOTES. 459 of a Sheriff's Troop in England, but their appearance is far from being so respectable, as they are not required to wear any particular livery or uni- form. The Sheriff uses his own discretion as to the number who may be summoned to attend each time. Anciently, before there was a prison at St. Helier, these halberdiers had to escort prisoners to and from Mount-Orgueil Castle to the Court House, and that may account why they are all free- holders of the adjoining parishes of Grouville, St. Martin, and St. Saviour, who are responsible for the performance of that duty by their tenures. Grouville has 12, aud St. Saviour 18 of those halberdiers, each of whom has, by his tenure, a small allowance of land for his trouble. They are more nu- merous at St. Martin's, where every freeholder on the King's fee is liable to furnish a halberd. Their number occasionally varies, at St. Martin's, but it may be averaged at from 100 to 120,which leaves a body of about 150 men at the disposal of the Sheriff for the keeping of the peace. Note 233, p. 226. The Alien Priories were not formally annexed to the Crown, till the next reign, that of Henry VI. We refer to Note 132, page 136. Note 234, p. 227. The official oaths of the several public functionaries in Jersey are to be found in the Jersey Code of Laws, Article Serments. Mr. Le Geyt has like- wise some very sensible observations on the subject at the end of his excel- lent Treatise on the Jurisdiction of the Royal Court, but which are too long for insertion in this place. Note 235, p. 228. This Charter of Elizabeth is the same, with a few verbal alterations, as those which were afterwards confirmed by her several successors on their accession to the Crown down to James II in 1685. Note 236, p. 244. It is unknown from whence the tradition of the fate of the Lord of Hani- bye has originated, or at what period he lived. It is possible that it may not be all a fiction, or rather that the leading facts might have been sub- stantially true, as that that nobleman came to Jersey on some hazardous enterprise in which he perished, and that he was buried in an elevated spot, over which a barrow was raised, which could be seen from his former resi- dence in Normandy. It is a pity that this large mound has never been dug into near its centre, to ascertain if it might not have contained some human re- mains. Dangerous serpents never existed in our climate,and it must have been some hostile chieftain, who was thus designated, whom the Lord of Hambye encountered and slew. There is nothing improbable in this, or that he might have been murdered by his attendant, under the excitement of the irresistible passions of lust and envy. The sequel of the legend may be perfectly true ; for there is no need to have recourse to the embellishments of fable and poetry, to be aware of the terrible effects of remorse, whea working on a wounded and guilty spirit. The legend however, whether true or false, is highly 460 NOTKS. poetical. It is very likely that one placed in those appalling circumstances, would be disturbed in his sleep, and that he would then give a loud utter- ance to his agonised feelings. This idea is much older than the legend of Hambye. The Roman Poet Tibullus had already expressed himself to the same purpose, and if his sentiment had been penned to meet the case of Ham- bye, it could not have been more appropriate. Ipse Deus somno domitns emitters vocem Jussit, et invites facta tegenda loqui. Lib. I. EL IX, V. 27. Heav'n haunts the guilty in their sleep, and seems To draw forc'd utterance from the troubled breast, When fell remorse reveals in horrid dreams Deeds to unhallow'd secrecy consign'd. A French Translation of this Legend is in the First Chapter of the Jersey Chronicler, who in this place makes a singular anachronism in affirming that it was Pepin, the Father of Charlemagne, who dismembered from the French Monarchy, the province that since took its name from the Normans. The Latin original of that legend is in the same Manuscript of Sir Philip De Carteret, of St. Ouen, from which Mr. Falle took his account of the Qneii- vais. (See page 9S.) We refer the reader to our Preface for some account of that Manuscript. The latinity of this legend is very indifferent, and is evidently more aa- cient than the account of the Quenvais, which is comparatively classical,and cannot be older than the close of the Fifteenth century. Mabon is said to have built the Chapel on the tomb of Hambye, but it is more probable, that he only repaired, what that nobleman's widow had erected in a former age. Mabon's Chapel still exists, but it makes only a small part of that beautiful and interesting spot, La Hougue-Bie, now better known to the numerous strangers who visit it, under the name of the Prin- ce's Tower, from the late Duke of Bouillon, or Prince D'Auvergne, a native of this Island, and one of its former owners. The boundary of Grouville parish forms a kind of elbow or elongation at La Hougue-Bie, and seems to have been so contrived at some distant period, as to include that sacred spot within its precints. (See Note 193,/>. 184.J Note 237, p. 245. If any of our readers should feel any curiosity to read a translation of the above document, they may find it in Le Jeune's History of Jersey. (Appen- dix, from p. 55 to p. 57-) It had been the policy of our ancient Sovereigns to aunex their foreign dependencies to English Dioceses. Thus after the conquest of Berwick vpon Tweed, from the Scots in 1296,it was transferred from the jurisdiction of the Diocese of St. Andrews, to that of Durham, It is now in the Deanery of Bamborough and diocese of Durham, and is held to be within the custom of York as to the distribution of intestate's effects. (Penny Cyclopedia, Art. Berwick.) This Bull of Alexander VI, mentions that Calais had formerly NOTES. 461 been dismembered from the archbishoprick of Tours, (*) and annexed to thai of Canterbury. It is therefore singular that it was not carried into effect at the time; unless we are to conjecture, that it was owing to the dis- tance and the difficulty of intercourse with their new Diocc;iu, iu those ages, and the disinclination of the clergy and the inhabitants of the Islands, to be removed from thenearer,and more convenient jurisdiction of the Bishop of Coutances. (See Note 195, p. 435.) Note 238, p. 247. We quote the concluding words of this Order of Council, that we may strongly impress upon our readers, that the following Canons are a sacred compact between the Crown and the inhabitants, a kind of Concordat, to se- cure their religious privileges, and that if ever any Bishop of Winchester, or Dean of Jersey, should wish to go beyond those Canons, or introduce any additions to them, he would be acting illegally, and making- unconstitu- tional encroachments. " Lancelot, now Lord Bishop of Winton, tho.t 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 out- said Isle, according to these Canons and Constitutions thus made and established." The same idea is again enforced at the end of the Canons, (page 262, Notes 1b9,and 260.) " Plus outre est ordonne que ce qui a este par cy devant exerc6 et mis en execution en ladite Isle, en quelques causes que ce soil, par vertu d'aucune Jurisdiction Eccle'siastique, demenrera pour abrog6, pour ne pouvoir estretireen Pre'ce'deut, par leditDoyen ou aucuns de ses suc- cessenrs, d exercer ou executer en temps a vnir, contre ou outre la teneur desdits Canons, a present coneeus et ordonnes ; niais que le tout soit rap- porte et limite an coutenu desdits Canons et Constitutions Ecclesiastiques. Comme aussi ne sera donne aucun empeschement par ie Magistral Civil de ladite Isle au Doyen et ses successeurs en ('execution paisible de ladite Ju- risdiction, au contenu d'iceux Canons, comme n'estaus prejudiciables aux Privileges, Loix, et Coutumes de ladite Isle, auxquelles n'est eutendu de- roger." Note 239, p. 249. The Sacrament to be administered on Whit Sunday is not mentioned in this Canon. Perhaps the omission is intentional, and was one of those ex- ceptions which our ancestors stipulated for, when they received those Ca- nons. The Sacrament is now administered the Sunday immediately fol- lowing the Midsummer Quarter day. (*) It is a singular mistake to have made Calais a dependence of the Arch- bishop of Tours. It was probably the error of some of the transcribers of the Bull,who meeting with the uncommon word Taruenna, took it for Turones, or Tours. In the time of Alexander VI, (A. D. J500,) Calais was in the Diocese of Tarnanne, when subsequently it formed a part of that of Bou- logne. We quote the Encyclopedic Methodique, Geographie, Art. Ternanne. " Taruenna Morinorum, ville de France dans les Pays Bas, sur la Lys, a 7 milles de Saint Omer. Son diocese, en 1559, fut partage en trois, qui sont ceux de Boulogne, de Saint Omer, et d'Ypres." Boulogne was a suffragan of the Archbishop of Rheiass. 4C2 NOTES Note 240, p. 250. Here our Canons differ again from the discipline of Ihe Church of Eug- laud, which admits of too mauy pluralities, an abuse which it has derived froia the Church of Rome, and which uuboppily remains unreformed to this day. It does not appear from the headings of the States, or from any other ancient Documents, that any individual was ever allowed to hold two bene- fices in Jersey. It is but just that natives of the Island should have the preference in obtaining those benefices, especially in a small country where the chances of acquiring any kind of ecclesiastical provision are so very limited. For many years after the Reformation those benefices were mostly supplied by French Ministers, some of whom have continued almost down to our own times. At former periods when very few natives sought to qualify them- selves for the Church, it was desirable to hold out encouragements, that as many Jerseymen as possible might be incumbents of benefices, aud members of the insular Slates. In the first Book of the States, from 1603 to 1614, it appears that that As- sembly occasionally granted certain sums of money to maintain young men at Oxford. This was likewise the object of Laureus Bandains in founding his exhibition, and that of Archbishop Laud in obtaining, as we have alrea- dy seen, the foundation of three Fellowships from Charles I, for natives of the Channel Islands. There is at present no deficiency of young men who are brought up to the Church. Small as our benefices are, they seem to be eagerly sought after by numerous candidates. It is rather to be feared on the contrary, that strangers might eventually be preferred to them to the exclusion of na- tives, and in violation of Ihe Canons. Note 241, p. 251. These sorts of Acts are transmitted by the Royal Court to the Officiating Minister, having been previously countersigned by the Dean. The?e are principally notices for elections, fast and thanksgiving days, and for collec- tions to be made for individuals, whose houses have been destroyed by fire. Note 242, p. 251. This' qualification of being graduated must necessarily mean Degrees, taken after a regular course of study in the English Universities, or in that of Dublin. A Degree obtained by diploma by any person, who might have interest to obtain the office would not be sufficient. The Dean's qualifica- tions in the original Canons, which were presented to James I are thus de- fined. " Le Doyen sera choisi pour le moins de Page de Trente ans, tra- vaillant luy mesme en la Parolle de Dieu, et en 1'endoctrinement, ayant les dons pour exercer ladite charge, de boune vie et conversation, et bien affec- ,'i as has been the case in all the ages of the Christian Church. It is NOTES. 467 the abase of Ecclesiastical censures,which has brought them into disrepute. The principle of excommunication is neither absurd nor unjust, as it is but natural, that every tribunal should have the means of enforcing obedience to its authority. These censures have further become contemptible, from the circumstance that they have ceased to spread that terror in the minds of men, which they did in less enlightened times, and have therefore ceased to be effectual. Compulsory obedience can be effected, but by means of fear ; and punishment cannot exist, unless it causes anguish either of body or mind. It is evident that Ecclesiastical censures cannot now be productive of either of those consequences. It is therefore to be regretted that the punishment of excommunication is not entirely abolished, so that after a certain number of defaults, or contempts of Court, the judge might on application receive all the assistance from the civil magistrate, which it might be just and reasonable for the latter to grant. The Dean's Court has sometimes exercised this extreme degree of rigour, an instance of which appears from an Act of the Royal Court of the 26th of August 1681, when it ordered the Major Excommunication to be carried into execution. fSamedi, No. 65. J The Dean's Court has still the same power, but ought to use it with great circumspection, or rather, not to use it at all. That Court will cease to exist, and be cast off 1 like an old worm eaten stool, the moment it shall depart from. moderation, and endeavour to exercise a tyrannical jurisdiction. Note 257, p* 260. It would almost seem, as if the constellation under which Mr. Falle was born, had been to be pleased with every thing as he found it established. We refer to what he says on the subject of this Note at page 206. " Their sentence, (the Bishop of Winchester and the Archbishop of Canterbury^) moreover must be final, freeing us from the trouble and expence of further proceed- ings before delegates. 1 ' This opinion, stripped of its disguise, is neither more nor less, than that the arbitrary power of one man is preferable to a tribu- nal composed of many individuals. If we were sure that this Superior Ordinary would always be an upright man, there might not be much room to complain of this arbitrary authority ; but it is melancholy to reflect that the See which could boast of such prelates as Andrews and Hoadley,had in a former age been polluted by a persecutor and a hypocrite, in the person of Bishop Gardiner, and that in the course of human vicissitudes, the same virtues and the same vices may occur again. It need not then be dissembled, that it is a mis- fortune, the right of Appeal is not to the Bishop presiding in any particular Court, as in the case of Appeals before His Majesty in Council, but to the Bishop himself acting singly. In fact the power is as arbitrary as that of the Visitor of a College in either University ; so that any error which might hap- pen could only be redressed by an expensive? application to His Majesty in Council. If the Bishop should be either a tyrannical or prejudiced man, an appeal to him, would in most cases not only be useless, but even dangerous. It is not surprising that the Bishop of Winchester is sel-_ 468 NOTES. dotn tronbled with appeals from the Dean's Court, in Jersey, or that that tribunal should have fallen into that degree of disrepute, which sooner or later, will bring on its final extinction. Note 258, p. 262. From the immense decrease in the value of money, these fees have long become obsolete : but from a kind of tacit consent, the Officers of the Dean's Court make the same charges as those of the Royal Court. These fees have often been mentioned with an air of derision to throw contempt on the Dean's Court. But it is generally admitted that they do not afford an ade- quate remuneration, and that they would probably receive some reasonable increase if an application were to be made in the proper quarter. Notes 259 and 260, p. 262. We refer to Note 238, p. 247, where the same sentiments are expressed in an Order of Council of James I. These passages show the extreme anxi- ety of our ancestors, not to make an unconditional surrender of their civil and religious liberties, and as for ourselves, we cannot take leave of those CanonSjWithout expressing a fervent wish, that if in future times any tyrant should arise, to trample on the spiritual and constitutional eights of their posterity, they may have the courage and the independence to resist their encroachments. Note 261, p. 264. This list of the Tresors is not correct, and indeed till 1771, those funds were so much at the discretion of the respective parishes, that they could not be considered as permanent. Sir William Thornton, "while he was Lieu- ten ant-Governor of Jersey, in 1831, procured an official Report of the state of the Tresors in the Island, whose discrepancy with the above list, showed evidently that there had been formerly considerable alienations of those funds. (See Note 226, page 455, about the Rents of the Church and Poor, and of the Obits. Additional and Concluding Note. Mr. Falle, in his first Edition, concludes the Chapter on the Military History of the Island, with the Accession of William III ; but in his Edition of 1734, he alludes to some circumstances, which had happened during the early part of the reign of George II. As the Invasions of the Island by the French in 1779 and 1781, are the only events of any military importance since Mr. Falle's time, we cannot better conclude this work than by borrowing the following Narra- tive from Plees' History of Jersey. " The troubles that, in Ireland, followed The Revolution, and which were fomented by France, in favour of James the second; the continental wars in which the French monarchs were engaged during the reigns of our sove- reigns, William the third, Anne, George the first, and George the second : together with the rebellions excited and supported during the last two NOTES. 469 reigns, by the French, in support of the exiled Stuart family ; these pre- vented further attempts on Jersey ; and it does not appear that any impor- tant events disturbed the internal peace of the Island, during the whole of this long interval. " The first subsequent effort against Jersey, made on the part of that enemy, by whose attacks it had formerly been endangered, was iu A. D. 1779. On the first of May, the prince of Nassau, commanding a body of from five to six thousand men, appeared with a fleet off St. Ouen's bay. Here this army attempted to disembark ; but by a forced march of the seventy-eighth regi- ment, assisted by a corps of militia, and supported by artillery, the enemy was repulsed. Frustrated in the first design, the hostile squadron pro- ceeded to St. Prelude's bay ; but perceiving a similar opposition prepared, in this quarter also, the enterprize was abandoned. " Dissentions and recrimiuations, among the French officers, being a na- tural consequence of this failure, a second attempt was planned ; but before it could be carried into effect, the fleet, destined to cover the invasion, was attacked by a British squadron, under Sir James Wallace, and nearly anni- hilated. " The next and last project of this nature was of a very alarming des- cription : not indeed from the force employed on the occasion, since it amounted to only 2,000 men ; but from the circumstances that accompanied the attempt, and the consequencos that were likely to have resulted. This being the most recent attack, will render some detail interesting. " In the night of December 25th, 1790, a fire was discovered blazing be- tween Rozel and La Coupe. It continued to burn about eight minutes, when it was answered by another, on the coast of France, which lasted about a quarter of an hour. These preconcerted signals were made at a time when no British ships of war were on the station. " On the following morning, French troops were embarked, at Granville, under the command of the Baron de Rullecourt, an adventurer, who intended to land in the night, during the festive season of Christmas ; at which time he hoped to possess the Island, by a coup de main, conceiving that the inha- bitants would be in a state less capable, of defence than at any other time. " Rullecourt quitted France in very tempestuous weather : many of his transports were, in consequence, dispersed ; and the rest obliged to seek for shelter at the rocky island of Chauzey : this checked his progress, and re- duced his little army to 1,200 men. With this diminished force, however, he again set sail, on January the 5th, 1781, and reached Jersey about eleven in the evening. Ths place at which he arrived was Le Bane du Violet, a projected point of flat rocks, covered at high water, at the S. E. corner of the island. To this point his ships were driven by the current. Though not the spot at which he intended to disembark, his troops were ordered to land : only 700 got on shore ; 200 being wrecked in their vessels, and the rest prevented, by the tide, from effecting their purpose. " It may seem wonderful, that boats could approach a shore,.so studded with rocks, and where rapid currents run between these craggy protube- 470 NOTES. ranees: but the baron had with him a traitorous Jerscyman, who had for- nierly lived at La Roque, and was a very experienced pilot. This infamous wretch, having committed a murder, had absconded from this island, add now added a public to a private crime. " Rullecourt's first care was, to seize on a small battery of four guns : this he manned ; and having left a company to protect the boats, and, in case of necessity, secure his retreat, he proceeded to St. Heller's, avoiding the shore to prevent being discovered at any of the guard houses. His troops were, however, obliged to march near barracks occupied by artillery invalids, and close to a battery; yet they passed unperceived. " On entering the town, they massacred one man, (Pierre Arrive, J who was standing at his door, and wounded a few other persons, whom they met with on their road. Arrived at the market place, they killed the centinel, and sur- prised the guard : there escaped, however, one man, who ran immediately to the general hospital, in which was quartered a regiment of Highlanders. " The inhabitants were astonished to see, at break of day, the. market place filled with French soldiers without a single gun having been fired, or the least alarm given. " The lieutenant governor, at this time, was major Moses Corbet. tie was in bed when first made acquainted with the enemy's arrival. His house being soon surrounded, he was taken prisoner : some others that were with him shared the same fate. Corbet, though thus surprised, found means to send information, to the seventy-eight, eighty-third, aud ninety-fifth regi- ments, that were stationed in different parts of the island. " The French general, having had the lieutenant governor conducted to* the court house, represented to him that resistance was useless ; that he had landed 4,000 men in different parts of the island ; that the British troops, stationed near La Roque, were prisoners ; and that he had two bat- talions in the vicinity of the town. He pretended to send an order for these to approach ; and then issued a proclamation, in the name of the French monarch, promising protection to the inhabitants that would submit quietly, and menacing all that might resist with immediate punishment. " Having produced articles of capitulation, for the island, he required- major Corbet to sign them ; saying, that in default of instant compliance, he had orders to burn the town, with the shipping, and to put every inha- bitant to the sword. The major refusing, in consequence of being a prisoner and making some remarks on the articles, Rullecourt laid his watch on the table, observing, that the objections were made merely with the intention of gaining time, and that unless the articles were signed in half an hour, he would set fire to the town, and abandon it to pillage. Several of his officers disgraced themselves by encouraging him to execute his menaces. At last, to avert the threatened destruction, for this was the reason assigned by Major Corbet, in his defence, he and Major Hogge(*) signed the capitula- (*) The King's Solicitor General, John Thomas Durell, esq., and Matthew La Cloche, esq., the Constable of St. Helier, nobly refused to sign that capi- tulation, notwithstanding the threats of those barbarians. As for Major NOTES. 471 tiou. This convention was then presented to the king's advocate, to the constable, and to several other persons ; but they refused their signa- tures, though strongly urged, and particularly by a Turk of rank, who had accompanied Rullecourt in his expedition, and who drew a dagger, to render his threats more effectual. " The barou now conceived himself to be master of the island. He there- fore produced a commission from the king of France, appointing him a general in his army, and governor of Jersey, Under these new titles he invited several gentlemen to dine with him at Major Corbet's. He then ordered all the shops to be opened, and every thing to proceed as usual, forbidding, however, the assembling together of any number of inhabitants. He had taken care to oblige Major Corbet to send a written order to the different corps of troops, not to move from their respective barracks: this the British officers were compelled to obey, until convinced that the major issued it while a prisoner.. " During these eventful scenes the militia assembled in different places, prepared for a severe encounter. Every regiment moved towards the town ; the greater part joined the Highlanders, who were encamped on le Mont Patibulaire, or Gallows hill : and a company marched to Elisabeth castle. " Corbet now dispatched an order, for the troops on the heights, to bring, their arms to the court house; and sent notice of the capitulation to the castle. Shortly after this message had been forwarded, the French army left St. Heller's to take possession of that fortress. " Rullecourt marched at the head of the column, holding Major Corbet by the arm. They were no sooner on the beach, than a shot from the castle announced resistance. Advancing still, a second ball wounded several of the enemy. This hostile reception induced the French general to halt, and send an officer to the garrison, with a copy of the capitulation, and a writ- ten order from Corbet to surrender the castle : this being refused by the commanding officer, and the messenger representing the force already landed as very formidable, he was permitted, with a bandage over his eyes, to enter ; and being led up to the citadel, was shown the strength of the fortress. " Rullecourt, compelled to retire to the town again, denounced vengeance. Major Corbet then sent a peremptory order, commanding the gates to be opened, and the French to be received as conquerors. The answer to this mandate was such as became a spirited British soldier. " During these transactions, the regular troops, under the orders of Major Pierson, of the ninet.y-fii'th regiment, who was the next in command to the Hogge, the Fort Major, his case was singular, and truly lamentable. Like another Mutius Scaevola, or rather Archbishop Craumer, he lent his right hand to an unworthy deed, and in a moment of weakness tarnished a whole life of fame. The subsequent anguish of that meritorious officer was how- ever most acute, and he never saw again a happy day, till death relieved him, about two years after, from the burden of a miserable existence. This anecdote has often been mentioned to the Editor by the late Thomas Anley, esq., a Jurat of the Royal Court, who had been personally acquainted with Major Hogge. 472 NOTES. captive Lieutenant-Governor, together with the Island militia, were assem- bled upon the heights near the town. " Rullecourt's bright prospect now began to lower : a dark cloud was ga- thering round him. He seized on the parochial artillery, which he planted at the avenues leading to the market place. He soon received information that the troops were descending from Gallows hill, in columns, having the regulars in front. " In this critical moment, the baron made a last effort to revivp his withe- ring laurels, and to obtain actual possession of his assumed conquest. He sent an officer to meet the advancing troops, and to prevail on Major Pier- son to conform to the capitulation : thus to spare the effusion of human blood, and save the town from inevitable ruin. On the major's refusal, the French officer requested time to return, and make a report to his commander. He required an hour for this purpose ; but the Island troops evinced an im- petuosity that Major Pierson found it difficult to repress. He consented to halt for half an hour ; at the same time sending an adjutant of the ninety- fifth regiment to accompany the French officer, and to demand the liberation of the lieutenant governor. On their arrival at the court house, where they found Rullecourt and Major Corbet, the adjutant asked if the latter was a prisoner : both are said to have answered in the negative, though not id a manner satisfactory to Pierson's messenger. The baron perceiving that negotiation was not likely to become effectual, added, that he should now so dispose of his men, as to prove that he could enforce submission. " The time granted by Major Pierson to the French officer appeared long to the little army under his orders : the militia, in particular, displayed that en- thusiastic loyalty, which the islanders had, on so many momentous occasions, exerted. Themajor had however, a reason for restraining this ardour. He had detached the light companies of the seventy-eighth and ninety-fifth regi- ments > together with two from the militia, with directions to take a circuitous route, and possess themselves of the town hill : this detachment had not yet arrived at the place of its destination : the major was likewise at a loss how to act : he had received the lieutenant governor's orders not to engage ; and he repeatedly observed, that if that officer was not a prisoner, he must, ne- cessarily, conform to the directions of his superiour in command. On the adjutant's return, the whole body formed into one column, and marched towards the town. " It had been hitherto imagined, that the force stationed near the old cas- tle, had, agreeably to Rnllecourt's own assertion, sustained a defeat, and that a formidable portion of his army remained posted in the same quarter : in fine, his strength in the island was quite unknown. " During the march of Major Pierson's corps, he received a letter from the officer who commanded the troops near Mont Orgveil, by which he learned, that so far from having been made prisoners, they were proceeding to attack a party of enemy that had taken possession of a battery at La Eocque. " The British aud island troops now arrived at St. Hellers, and separating into two divisions, pressed forwards towards the market place. An imme- NOTES. 473 diate and impetuous attack was made by one of these columns: rendered furious by disappointment, the French fought desperately. When this onse.t took place, part of the detachment which had reached the town hill, bore down on the enemy, from another quarter of the town . At the same moment, the di- vision headed by Major Piersou, appeared iu the market place : ho entered it through a short street, opposite to the present government house. The enemy made aa immediate discharge, and that gallant officer fell dead into the arms of his grenadiers. Surprised, and, for an instant, discouraged by this unfortunate stroke, his troops gave way ; but they soon rallied, formed again, and regained the ground which they had lost. "Rullecourt seeing his men driven from every street into the market place, added wanton cruelly to his previous falsehood and treachery. He went out from the court house, holding the captive lieutenant governor by the arm ; a short renewal of the conflict ensued; the barou received a mortal wound; some of his soldiers secreted themselves in the adjacent houses ; the rest surrendered : and the victory was complete. Major Corbet escaped unhurt, though he received two balls through his hat. " The firing having ceased, Major Corbet resumed the command; and ha- having secured his prisoners in the church, he marched towards the place where the French had landed, and were supposed to have a detachment. The battery of which they obtained possession on landing, had been retaken in the morning, and such of Rullecourt's army as were not either killed, or made prisoners, escaped to their vessels, "The enemy's loss in this ill-concerted and ill-fated business has never been known : the British had nearly fifty of the regulars killed and woun- ded, and about thirty of the militia. Major Pierson was interred in the church of St. Helier, and a monument erected, at the island expense, to com- memorate his bravery and lamented death. " A second descent being expected on the same night, some of the militia, though greatly fatigued, remained under arms until the morning. A general alarm was, indeed, at midnight, spread through the island, and all expected a fresh conflict , but the apprehension subsided. "It has been asserted, that a large French force was destined for the expe- dition so happily rendered abortive , that it was to have sailed whenever n landing couH be secured , and that the plan was to obtain and keep posses- sion of all these islands , that the commander in chief was the prince of Nassau , and that the inhabitants were to be transported to a remote part of France. Such was the report circulated soon after, respecting the enemy's intention. (*) " Since the attack just detailed, Jersey has, at different times, been both menaced and alarmed, but has not experienced any actual assault. Buona- (*) Major Corbet was tried, and superseded , but is said to have received a pension. We must not, therefore, impute to him any greater culpability than was found by.the court martial. We may, however, say, that, though treachery did not attach to his conduct, it appears difficult to exonerate him from both negligence and a degree of pusillanimity. P 3 474 NOTKS. parte, in his threatened invasion of England, called these islands stepping stones to that kingdom , yet he never thought it advisable to trust either himself, or any of his armies, on them. " It cannot be expected, that a work of this nature, should do more than nifiition the internal disputes that have unhappily arisen, in Jersey, during the present reign. They are events that must excite regret, as having fo- mented discord between families, friends, and neighbours , bul on which it is not our province to comment. From the. year 1779, to the year 1793, fends were carried on with great animosity , and the opposite parties were distinguished by different appellations. Though those dissentions subsided, their effects may still be traced , and Iheyprobably, tended to increase those that have more recently divided the inhabitants. *' Few extraordinary events, in the natural world, have, of late years, oc- curred in Jersey. It is however, proper to mention, in a general account, that on Saturday, July 2nd, 1808, a sudden and violent storm came on iu the forenoon , hail fell that measured one inch anda half in diameter, these sub- stances were semi-transparent, mostly spherical and hollow , but, though comparatively light, yet, from their unusual dimensions., they occasioned great damage, not only to the windows exposed to their direction, but, also to the orchards, &c. " In the beginning of the present year, A. D. 1814, this island had the honour of becoming the temporary residence of his royal highness the Due de Herri, nephew of his most Christian Majesty, Lewis the eighteenth. Every attention was paid by the inhabitants to the illustrious visitant, while the condescending urbanity, displayed by the prince, and the sense he expres- sed of the civilites be experienced, are the best proofs that he merited and felt them- He left Jetsey, for France, April 12th, on receiving the intelligene, that Bounaparte was dethroned, and the Bonrbou family re-instated. " OnTuesday, July 12th, peace with France was solemnly proclaimed, both at St. Heller's, and St. Aubin's ; on which memorable and happy occasion, there was, in the evening, a general illumination of both towns , and Thurs- day the 14th, was observed as a day of solemn thanksgiving. " Peace has now spread her halcyon wings over Europe, and did not the holy Scriptures seem to indicate terrible and universal commotions, in the " latter days" we might indulge the pleasing hope of lasting tranquillity. During the long, the arduous, the unexampled, contest iu which we were engaged, Great Britian manifested, throughout, a constant and steady perse- verance. Unawed by the dreadful convulsions, that shook all Europe toils very centre, and threatened destruction to every empire, she stood like a lofty rock, which the foaming surge in vain assaults , yet, as a judicious au- thor, in a work just published, says , " while an insular situation and a po- " werful navy rendered" her" invulnerable, the British goverment and peo- " pie nobly came forward in behalf of afflicted .Europe. To effect its enian- " cipation her blood and treasure flowed in streams. The people cheerfully " submitted to the heaviest burdens to effect this object. Public and private " benevolence was extended to heal the wounds of suffering humanity by the NOTES. 475 " ravages of war in Portugal, Ppain, Russia and Germany. The liberal hand of " the nation was stretched forth to alleviate the distresses of the sovereign " and loyal inhabitants of .France, who, during 1 the paroxistn of relovutionary " frenzy, sought an asylum in the British dominions." Since the blood-stain- ed sword of war has been sheathed, she has demonstrated, in the most evi- dent manner, that her firm and spirited exertions were not influenced by am- bition. The annals of Europe will clearly evince, to posterity, that she fought not for conquest, but for peace, for peace honourable to all the con- tending powers. Her moderation, when this desirable event took place shone conspicuous. The whole continent was, as a noble lord (*) said, in par- liament, deeply impressed with her liberal conduct. " Such instances of ge- " nerous magnanimity, on the part of the British government, cannot fail to " exalt the nation in a still greater degree in the minds of the people ofEu- " rope, more especially when the extent and value of the sacrifice are disclo- " sed, and since these cessions have been made to obtain advantages to all " the allied powers, no less perhaps than to those to whom the boon had " been granted, a confident hope is entertained that their feelings on this " occasion will be manisfested by liberal commercial treaties."-}- " From the long and friendly residence of Lewis the eighte'enth, and the other branches of his august family, in England, the nobleman before men- tioned naturally inferred, that those jealousies, which had for ages agitated Great Britain, and France, would be removed, and the spell, by which war between these two great nations, was supposed to be necessary, dissolved. " Such would, indeed, be glorious and happy results. We might, io this case, adopt the language of the evangelical prophet, (J) and say : The nations " shall beat their swords into ploughshares, and their spears into pruning "hooks" " The wolf shall dwell with the lamb, and the leopard shall lie " down with the kid, and Ihe calf and the young lion, and the falling, to^e- " ther, and a little child shall lead them," Plees" 1 History of Jersey, p.p. 197 Addition to Note 38, p. 293. Buchanan contains an account, in the XII Book of his History of Scotland, of the Count de Maulevrier's English expedition to cooperate with Margaret of Anjou in the support of the declining fortunes of her Royal Consort, Henry VI. The historian is inclined to think that Manlevrier had only a body of 500 men. He says nothing about Jersey having been sold as the consideration for obtaining those auxiliaries, with whom Margaret made au expedition into Northumberland, which was unsuccessful, and in which a part of them perished. The same Queen had also surrendered Berwick to the Scots, which the English did not recover till 21 years after. (*) Castlereagh. (f) Colqahouu. (J) Isaiah 476 NOTES. ds some of our Readers might be glad to have a Translation of John Neefs Epitaph at page 454, we add the following. Epitaph of John Neel, the Founder of St. Manelier's School, Jersey. Beneath this marble tomb Neel's ashes rest. Oh may his Spirit live among: the blest ! A native sent from Jersey's rocky shore, He drew from Paris learning's ample store. Then he dispens'd a bounteous Prelate's hoard, When Wainfleete was his patron and his Lord ; Till raised by princely Arthur, Tndor's heir, The Dean entrusted with his Chapel's care, He founded with the savings of his toil, Two Schools that might adorn his native Isle. IVhen Fifteen Cent'ries nearly roll'd around, His mortal progress reach'd its utmost bound. Then praise this good man ; may your pray'rs be giv'n, That God may place him in the rest of Heav'n ! The Editor had omitted in the course of the Notes, to communicate the following particulars about Edmond Snape, which seem to have been unknown to Mr. Falle. Mr. Falle mentions, at page 197, on Strype's authority, concerning Cart- wright and Snape. " That the Governors (of these Islands} entertained them with great kindness, making the first Chaplain of Cornet Castle, and the other of Mont-Orgueil, &c., and that these two were at a Synod in Guernezey in 1597." In the course of references tothe proceedings of the States of that period, I have found an Act of the 3rd of October, 1603, which confirms the Statement of the worthy Historian- It appears from it that Snape had then loft Jersey, and was at law with the States', to whcm Roger Marey, his Attorney, proposed that their differences should be referred to an arbitra- tion of Four persons, with the Governor for their umpire. This was accepted and the States afterwards agreed to their award, " Ayant entendu le calcul arreste, &;c. font eu agreable pour cviter a plus grand trouble" (Two Acts of 27 Dec. 1603 J Snape had been employed by the Slates to teach the Classics in (heir projected College. They afterwards employed Mr. William Stew- *ard, a Scotch Gentleman, and a Professor of Humanities, to take charge of the Col- lege for One year, at a salary of 100 Crowns, or 12 10*. Od. (States, IR Dec, 1603.^ These Acts of the States are curious, as showing that our an- cestors 240 years ago were already anxious for the establishment of a Col- lege, or rather a good Grammar School, and that a Puritan was to have been placed at the head ! Our brethren in Guernsey were more fortunate, and obtained the first Foundation of Elizabeth-College about that time. AN ALPHABETICAL TABLE OF Reference to the principal subjects treated in the Notes. Page. Aubin, Town of St 379 Aubin, Chapel -.379 Aubin, Tower of St 379 Aubin, Harbour of St 379 Abbey of St. Helier 289 Acts of Royal Court 462 Address to William HI 357 Agricultural Fenceg 363 Alexander VI, his Bull 435 Alien Clergy 431 Alien Priories 400 Amy, Gertrude 349 Antiquity of Castles 290 Antiquity of Cider 371 Appeals to King in Council.. ..414 Apple Tythes 446 Artillery , 408 Attendance of Witnesses 421 Averty, Richard, his case 438 Batons (for protection) 429 Bailly, and Crown Officers 398 Bailly's Office 403 Bandinels *. 302 and 334 Barley 362 Baudain's Gift 453 Bishop Suffragan 439 Brevint, Dr. Daniel , . . 282 Buchanan's mention of Maulev. 475 Canons , 461 Capitulation of Elizabeth-Castle.352 C aptains 405 Carteret, Sir Philip 300 Carteret, Sir George 300 Carteret, Sir Philip Silvester 290 Castles 351 Catholicism Restored 437 Cavalry, Insular 404 Ceremonies 442 Channel Islands, Importance of. .344 Page. Charles' II Letters 345 Charter of King John, 427 Charters, 295 Chevalier's Chronicle, 299 Cider Making 368 Clarendon, Earl of 348 Code of Laws 422 Collectors of Alms 465 Conformation of the Land 360 Conger Fishery 374 Consecration of Churches 433 Corn, Surplus of 362 Corn from England 363 Cornet-Castle '. 354 Corporation of Southampton 291 Corruption... 374 Court House w 423 Coutances 358 Coutauces, Bishop of, his Claims. 438 Couteur, Rev. Francis Le 292 Coutumier de Normandie 423 Criminal Code 414 Cromwell 288 Crown Officers. .424 Currency Kiot 457 D'Assigny 319 and 333 Dean's Court 442 Dean's Opinion 463 Dean's Qualifications 462 Dean's Visitations 463 Deanery, and Rev. T. Scale 416 Decret 416 Denunciator, Second 318 Deodand 430 Discipline, Cal vi nist ic 439 Dissenters <57 Druids' Temple , ,.431 Dumaresq, Philip , 284 ICiir !y Invasions , . , ( 291 TABLE. fa- ' Effects of a Conquest of Jersey. .283 Elections, Sunday 413 Elizabeth-Castle, Garrison of.... 401 Elizabeth, her Charter 459 Emigration, forced....... 382 Episcopal Visitations: 467 Etac, Loss of land at... .,377 Ex i-om muni cat ion 467 Falle, (the Historian) 282 Famget, Perrotlne 296 Families, Seigniorial 394 Fanshavve, Sir Richard 345 Fellowships 451 Fences 376 Fees, Clerical 446 Fees of Dean's Court 468 Foreign Protestant Ministersi...453 France, peace with, &c 297 Free Schools..... 454 Fruit trade ..368 Game ....373 Gardiner, Sir Robert 358 Gavelkind 390 Geneva, Escalade of. 440 Geographical Problem 360 Geyt Le, Lieutenant-Bailly 355 Grandison, Otho de 375 Governor's presence in Court.. . . 403 Governors, List of. 400 Grosnez-Castfe 404 Guernsey 284 Halberdiers 458 Hambye 459 Harliston, Sir Richard, 293,296, 394 Harliston, Tower of 396 Haro, Clamenr de 286 Helier, St 285 Helier St., Town of. 378 Helier's St. Church 379 Heller's St. Market 378 Helier's St. Hill 377 Helier's St. Viugtaine 377 Helier's St. Harbour 379 He>ault, Bailly...., 409 Heritage Dinner 424 Hermitage 433 Heylin's Survey 274 Horses 373 Houg-ue 434 Hume, anachronism 287 Insurrection in 1643. . . . 298 Jermyn, Lord 399 Jurats 413 Jury 421 Killed and wounded 291 King's Revenues 400 King's Tythes, ..... 449 Papev Knitting. , ;iiiii Lanier, Sir John 3;)s Language ;}(i;> Lempriere, Michael. . . . 303 Library 454 Lieutenant-Governor . . ' . . 4113 Litigation 422 Lorraine. . 282 Loyalty, 277 Loyal Population 3b3 Lydcott, Lieutenant-Govrrnor. 326 Mabon, Dean. . . . 429 and 460 ' Mace 357 Magloire, St 433 Malo, Interest of St. ... 279 Manet, M. L'Abbfi .... 2^5 Maulevrier. ....... 294 Meat 373 Medical men. ...... 376 Alesservyj Elias. . . . . 44i Militia, Old 405 Militia, Royal 407 Militia Accoutrements. . . . 427 Mineral Springs, 373 Minister's Churchwarden, . . 464 Morgan, Sir Thomas. . . . 283 Mount Orgueil, Taking of. . 293 Mount Orgueil, Description of. 347 Mount Orgueil, Garrison of. . 401 Mount Orgueil, Harbour of. . 3^2 Morant, Philip 284 Naturalization 424 Navarre, Charles of. . . . . 293 Neel,John 454 Neel's Epitaph translated. . . 476 Negative Voice 425 Neutrality 403 Newfoundland Trade. . . . 383 Normandy, Parcel of. . . . 078 Normans 28ft Novals, or Deserts 445 Oak Stumps. .,..-. 376 Obit Rents. .... 449 and 456 Official Oaths. . . ., . . . 459 Old Rental. ....... 400 Optimates Patrise 412 Options 420 Orders of Council 414 Ordinances 415 Ouen'sSt. Pond, 376 Parkhurst, Sir William. . . . 410 Parish Clerks 466 Parsonage Repairs 448 Parties. 457* Pawlet John, Dean. . . . 439 Perquages. ....... 365 Petitions. . . , . 460 -TABLE. Page. "Peyton, Sir John 410 Pluralities Poing'lestre, Lieutenant-Bailly. 279 Poor Hate. . . . i . '' 455 Portion Congrue. . .'. " 4. r iO Portions of' Fythes 464 Precedence of the Hailly, 409 Precedents 423 Primitive formation 366 Printing. 284 Privateers 434 Proclamation of Charles II. . 348 Projected Sale of Jersey. . 345 Proprietors, Ancient. . . 292 Proving of Wills 464 Prynne, William. . . 299 and 347 Public Accounts. . . - . . 426 Queen Anne's Bounty. . . 449 Queuvais 360 Quo Warrantos 292 Raleigh, Sir Walter 397 Rates, Insular 425 Reformation 436 Rehearing of Causes. . . . 422 Rents, Jersey 386 Retrait Lignager 415 Reviews 408 Revolution of 1668 357 Richard III 429 Roads and Vicomte 363 Roque, Helier de la. , . . . 297 Royal Commissioners. . . . 413 Sacrament 461 Samson, St 433 Sanctuaries 365 Sark, Tythes of. 433 Schoolmasters 466 School Patent 454 Separation from France. . . 288 Sea Weed 366 Page. Sextons 466 Shells (bombs) 352 Shelter 3o7 Suape, Edmond (the Puritan.} 476 Soils 35!> Somerset, Duke of. .... 397 Southampton,, Trade with. . . 291 States, Convening of the. . , 42ft Stockings. . . . j^iv . . 384 Streams 'u* 3^vi. 464 Timber *>