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 <? ritmiw t 9Boii anai 
 LalBupiJii^ a * wmiti&i'd 8 
 
 Page, 
 
 Dedication to King William IV i 
 
 Preface of the Editor iii 
 
 Sketch of the Life of the Rev. Philip Falle xrii 
 
 Dedication to King William III iii 
 
 The Preface to the First Edition v 
 
 An Introduction to the Second Edition. . ... . . xiv 
 
 Sailing Directions ' . . xxx 
 
 Chapter I. History of the Island 1 
 
 Chapter II. Description of the Island 96 
 
 Chapter III. Military Government 127 
 
 Chapter IV. Civil Jurisdiction 144 
 
 Chapter V. Convention of the States 160 
 
 Chapter VI. Privileges 164 
 
 Chapter VII. Religion 175 
 
 Number I. The Constitutions of King John. . . 222 
 
 Number II. The Inscription on the Mace given by 
 King Charles II 224 
 
 Number III. Letters Patent of King James I, for- 
 bidding the Governor to intermeddle in the Nomina- 
 tion of the Bailly, Dean, &c 224 
 
 Number IV. A Grant of King Henry V to his Brother 
 the duke of Bedford, of the Government and Rega- 
 lities of all the Islands 226 
 
 Number V. The Oath tendered in the Royal Court 
 to the Governor at his Admission. 227
 
 CONTENTS. 
 
 Number VI. The Grant of a Public Seal by King 
 Edward I. . 227 
 
 Number VII. Queen Elizabeth's Charter at length. 228 
 
 Number VIII. The Bull of Pope Sixtus IV touching 
 the Privileges of Neutrality, contained in an Inspex- 
 imus of King Henry VIII 232 
 
 Number IX. A Letter of the Count de Laval, Gover- 
 nor of Bretagne, under Francis I, King of France, to 
 the Magistrates of Morlaix, relating to a Prize 
 taken contrary to the Privilege of Neutrality. . . 241 
 
 Number X. Transcript of an old Manuscript- Memo- 
 rial, concerning the ancient Monument of la 
 Hogue-bye in Jersey 244 
 
 Number XL The Bull of Pope Alexander VI, trans- 
 ferring the Islands from the Diocese of Coutance in 
 Normandy to that of Winchester in England. . . 244 
 
 Number XII. Canons and Constitutions Ecclesiasti- 
 cal for the Isle of Jersey 245 
 
 Number XIII. The Charter of King Henry VII for 
 the erection of the two Free Schools. . . . . . 262 
 
 Number XI V. A Table of the Wheat-Rents belong- 
 
 O 
 
 ing to the Tresors of the respective Parishes. . . 263 
 The Oath administered to a Jurate-Elect, before he 
 
 takes his place upon the Bench 264 
 
 Mr. Morant's Remarks on the 19th Chapter of the 
 
 2nd Book of Mr. Selden's Mare Clausum. . 266 
 
 (J^f 31 A Table of CONTENTS of the NOTES will be found 
 at the End of the Book.
 
 CJBSAREA ; 
 
 OR, 
 
 AN ACCOUNT OF JERSEY, 1 
 *# rf i 
 
 THE GREATEST OF THE ISLANDS REMAINING TO THE CROWN OF 
 ENGLAND, OF THE 
 
 ANCIENT BOTOHIY OF 
 
 WITH AN APPENDIX OF RECORDS, &c. 
 
 BY PHILIP FALLE, 
 
 SOMETIME RECTOR OF ST. SAVIOUR'S, AND DEPUTY FROM THE 
 
 STATES OF THE ISLAND TO THEIR MAJESTIES KING WILLIAM 
 
 AND QUEEN MARY. 
 
 TO WHICH ARE ADDED, IN A LETTER TO THE AUTHOR : 
 
 REMARKS ON THE XlXth CHAPTER OF THE 
 Hd BOOK OF Mr. SELDEN'S MARE CLAUSUM, 
 
 BY PHILIP MORANT, M. A. 
 
 _ 
 
 The Fourth Edition, revised and much augmented* 
 
 At the Parliament holden at Westminster, the. Wednesday 
 next after the Translation of St. Thomas the Martyr. 
 An. 14. Edw. III. 
 
 Remembrances for the King, 8fc. 
 
 To keep the Sea, and to purvey for the Navy, and to 
 defend the Isles of JERESEY, and Guernezey. 
 
 Sir Robert Cotton's Abridgment of the Records 
 in the Tower of London, fol. 29, n. 28. 
 
 JERSEY c 
 
 PRINTED AND PUBLISHED BY RICHARD GIFFARD, 
 
 St. Saviour's Road. 
 
 1835.
 
 SIR, 
 
 The design of this Book, humbly laid at YOUR MAJESTY'S 
 feet, is to give some Account of an Island, which, though 
 subject to Your Royal Predecessors, Kings of England, 
 upwards off six hundred years, and seated in the Channel, is 
 less known than some others of YOUR MAJESTY'S Dominions 
 and Islands that are later Acquisitions, and remolded to a 
 greater Distance. The Knowledge of us may possibly be 
 of use to YOUR MAJESTY'S Service, and minister to some 
 of those Great Ends of Providence for which God (we 
 trust ) has raised You up, and are one day to be wrought 
 by Your Means. 
 
 Ever since our Ancient Dukes exchanged their Coronet 
 for that Imperial Crown which YOUR MAJESTY now wears, 
 we have been noted for our Fidelity to our Kings. We 
 glory not in the extent or riches of our Country, which we 
 confess cannot enter into Comparison with the least of those 
 Provinces that constitute I our Great Empire } but we 
 glory in our Loyalty, which tee have kept unblemished to 
 this Day. 
 
 What profound Veneration then must we needs now have 
 for a matchless Pair of incomparable Princes, whom God 
 has given to these Nations in his Love ! 
 
 That Heaven would preserve YOUR MAJESTY from the 
 many dangers to which You daily expose Your Sacred 
 Person, and crown tv.it h success the justice of Your Arms, 
 is the hearty Prayer of, 
 
 May it please YOUR MAJESTY, 
 YOUR MAJESTY'S 
 
 Most humble and most faithful 
 Subject and Servant, 
 
 PHILIP FALLE
 
 TO THE 
 FIRST EDITION. (*) 
 
 THE Isiand of JERSEY, with the others adjacent, is* 
 of that importance to England, and the loss of it would be 
 attended with consequences so prejudicial to this Crown, 
 that 'tis fit the Nation should understand the interest it has 
 in the preservation of that Place ; which, of all other their 
 Majesties Territories, is, by its nearness to France, the 
 most exposed to an Invasion from thence. Therefore I 
 presume, it will not be so much a wonder that an Account 
 should be given of it now, as that none should have been 
 given heretofore ; none, I mean, explicite and particular 
 enough. 
 
 For though Hollingshead (f), and Speed (), and espe- 
 cially Mr. Camden in his Britannia (), have each attempted 
 a Description of all these Islands, they have done it so briefly, 
 and from such imperfect Memoirs, that they can give but 
 little satisfaction to an inquisitive Reader. Dr. Heylin 
 is he who has wrote the fullest concerning them. In the 
 Year 1628, he attended the Earl of Danby (||) hither, as his 
 honorary Chaplain, and so had the advantage (which the 
 others had not) of being upon the Spot, and seeing things 
 with his own Eyes. But it was not possible that in one 
 Week (1), which was the whole time of his abode in 
 JERSEY (^f), he should gain any other than a very super- 
 ficial Knowledge of our Affairs ; besides that he took more 
 pains to inform himself of our Religious than of our Civil or 
 Military State, as indeed it became one of his Functions to do. 
 He found the Liturgy banished, and a Classical Government 
 
 (*) With some Amendments. 
 
 (f) Description of Britain, pag, 32. 
 
 (J) Theater of Great Britain. Book I. Ch. xlviii. pag. 94. 
 
 () De Insulis Britannicis. pag. 854. 
 
 (||) Of the name of Danvers, Governor of Guernezey. See hereafter af 
 Note 41. 
 
 (^|) In Guerttezey he staid longer, viz. about three Weeks.
 
 VI PREFACE. 
 
 and Discipline introduced into Three of the Islands (*), 
 contrary to the Original Establishment at the Reformation, 
 when all the Islands without exception followed the Pattern 
 set them in England. This put him at his return upon 
 drawing up a Relation of his Voyage, and of the Observa- 
 tions he had made, and laying the same before Archbishop 
 Laud, then Bishop of London, with intent that by the credit 
 and interposition of that Great Prelate, whose zeal for the 
 honour and advancement of Religion was well known to him, 
 those Islands might be brought back to that Conformity to 
 the Church of England, from which they had been unhappily 
 seduced. Soon after bad Times came on, unapt and indis- 
 posed for every good Work, productive of every evil one, and 
 the Archbishop fell a sacrifice to the rage and madness of a 
 wicked Faction. Whilst he lived, and the Relation remained 
 with him in manuscript, the Doctor would not presume ,to 
 make it more public. But that great and good Man being 
 laid asleep in the bed of peace, the latter thought himself 
 restored to the Right of an Author orer his Work ; and 
 therefore having resolved to give the- World an account of 
 a former Journey through some parts of France, he took 
 the occasion to subjoin the said Relation to it, and both 
 were printed together in one Volume (f). Now though 
 Religion was the principal Argument the Doctor had under 
 consideration, and for the sake of which he wrote the Book, 
 he nevertheless would allow himself some room for Remarks 
 on our Constitution, and particularly for doing us justice 
 with regard to those great and momentous Points wherein 
 our chief Glory must ever consist ; namely, our inviolable 
 Attachment and Fidelity to the Crown of England, our no 
 less deeply rooted aversion to the French (2), the Courage 
 and Bravery of our Fathers in so manfully withstanding all 
 along the repeated Attacks of that formidable Ennemy, and 
 lastly, the opportunity and advantage which these Islands 
 
 (*) Viz. Guernezey. Alderney and Sark. JERSEY had returned to Conformity 
 before, but these stood out till after the Restoration. 
 
 (f) With this general Title, A full Relation of tivo Journeys, the one into the. 
 Main-land of France, theofhcr into same of the adjacent Islands. Lond.
 
 PREFACE. vil 
 
 bring to the Power that possesses and is master of them for 
 the command of the Channel. These Islands (says he) arc 
 the only remainder of our Rights in Normandy, unto which 
 Dukedom they did once belong. Ever since they were 
 annexed (3) unto the English Crown, they have, ivith great 
 testimony of Faith and Loyalty, continued in that Sub- 
 jection. The Sentence, or arrest of Confiscation, given by 
 the Parliament of France against King John, nor the 
 surprizal of Normandy by the French Forces, could be no 
 persuasion unto them to change their Masters. Nay, when 
 the French had twice seized on them during the Reign of 
 that unhappy Prince, and the State of England was em- 
 broyfd at home, the People valiantly made good their own, 
 and faithfully returned unto their first obedience. In after 
 times, as any War grew hot betwixt the English and the 
 French, these Islands were principally aimed at by the En- 
 nemy, and sometimes also were attempted by them, but with 
 ill Success. And certainly it could not but be an Eye-sore 
 to the French, to have these Islands within their sight, and 
 not within their power ; to see them at the least in possession 
 of their ancient Ennemy the English, a Nation strong in 
 Shipping, and likely by the opportunity of these Places to 
 annoy their Trade. For if we look upon them in their 
 Situation, ice shall find them seated purposely for the 
 Command and Empire of the Ocean (4) ; the Islands lying 
 in the chief Trade of all Shipping from the Eastern Parts 
 unto the West, and in the middle way between St. Male's 
 and the river Seine, the only Traffick of the Normans and 
 Parisians. At this St. Male's, as at a common Empory, do 
 the Merchants of Spain and Paris barter their Commodities ; 
 the Parisians making both their passage and return by these 
 Isles ; which, if well aided by a small power from the 
 King's Navy, would quickly bring that intercourse to 
 nothing. An opportunity neglected by our former Kings 
 in their attempts upon that Nation, as not being then so 
 powerful on the Seas as now they are, but likely for the 
 future to be husbanded to the best advantage, if the French
 
 PREFACE. 
 
 hereafter stir against vs. Sure I am that my Lord Danby 
 conceived this Course of all others to be the fittest for the 
 impoverishing, if not undoing of the French; and accord- 
 ingly made proposition by his Letters to the Council, that 
 a Squadron of eight Ships might be employed about these 
 Islands for that purpose ; an advice which had this Summer 
 took effect, had not the Peace betwixt both Realms been so 
 suddenly concluded. And a little after, speaking of the 
 great Privileges granted by the Kings of England to the 
 Inhabitants of these Islands, he adds, These Privileges and 
 Immunities, seconded of late days with the more powerful 
 band of Religion, have been a principal occasion of that 
 constancy wherewith they have persisted faithfully in their 
 Allegiance, and disclaimed even the very name and thought 
 of France. For howsoever the Language which they speak 
 is French, and that in their Original, they either were of 
 Normandy or Bretagne, yet can they with no patience 
 endure to be accounted French, &c. Thus far Dr. Heylin 
 with great candour, and no less truth (*). 
 
 But his Book being now little known, and more perfect 
 Notices of the Islands still wanted, a very learned and 
 worthy Magistrate of JERSEY, John Poingdestre Esq. ; 
 did some years ago undertake to account for this Island 
 in particular, of which he was a Native ; And how well 
 accomplish'd he was, not for such a Work only, but for any 
 much greater, let this short Character of him declare (f). 
 He was the first fellow chosen into Exeter-College in 
 Oxford upon the foundation of the Blessed Martyr King 
 Charles I (+), thence afterwards ejected for his Loyalty by 
 the Parliament -Visitors. His Skill in Languages (), his 
 
 (*) Full Relation, &c. See Note 154, 155 and 156. 
 
 (f) I had, in the first Edition of my Book, inserted the Latin Inscription on 
 the Monument set up for him in the Church of St, Saviour. What is said of 
 him here, is in Substance but the same that is gaid there, only put into 
 English for more general information. 
 
 (J) See further Note 172. 
 
 (} He vas esteemed one of the best Grecians in the University, able to 
 restore and give a new Editon of Hesychius the Lexicographer, which was long 
 expected from, him.
 
 PREFACE. ix 
 
 acquaintance with the Civil and Roman Laws of which he 
 had made a particular Study, the exquisite beauty and 
 mastery of his Pen (*), these recommended him to the 
 Court, and introduc'd him into the Secretary's Office under 
 Lord Digby, where he continued till the King's Affairs 
 were grown desperate. Then was he forced back into his 
 own Country, to live upon his private fortune, and was 
 assistant in the defence of the Island and of Elizabeth- 
 Castle against the Forces of the Rebels. After the 
 Restoration, his Services were had in remembrance, and his 
 great Abilities considered ; and so he was made Lieutenant- 
 Bailly, which honorable Post he enjoyed several years. 
 He kept his Seat on the Bench, as Jurate (5), to his Death 
 in 1691. It was indeed a disadvantage to him, to act on so 
 narrow a Theater as this little Island, where he had not 
 Scope to exert his Talents ; yet even that makes for his 
 honour, as on the contrary, nothing can be more despicable 
 than a Man placed in a large Scene for Action, and wanting 
 Capacity to fill it with Dignity. All this, and much more, 
 I am enabled to say from the intimate Knowledge I had of 
 him ; who was my Parishioner at St. Saviour's, my near 
 Neighbour and singular good Friend ; and whom having 
 according to my duty assisted in his last most Christian 
 Moments, I committed to his peaceful Grave, aged Four 
 score and three. Now as to that for which he is remembered 
 here, viz. his writing about this Island, surely none was so 
 able to do it as he ; none having so thorough an insight into 
 the whole frame of our Constitution and Polity. His long 
 exercising the Magistrature, had made our Laws and 
 Judicial Proceedings, our Customs and Usages, familiar to 
 him. He had transcribed all our Charters, and reduced 
 our Privileges into a sort of System, branching them out 
 under proper Heads (6). And as to Historical Antiquities 
 and Researches, he had from his earliest days been collecting 
 all he could find of that kind in Print or upon Records, 
 relating to us. Out of this Store he compiled his Book, 
 
 (*) The beautifullest Greek Typesof the Stephens, scarce excelled his baud- 
 writing in that Language. 
 
 \j
 
 X PREFACE. 
 
 which after all never appeared otherwise than in loose Sheets, 
 communicated to a few Friends, and too plainly wanting 
 his finishing hand. I was favour'd with a Transcript of it 
 in his Life-time, and after his decease, his Son, understand- 
 ing that I was about taking up and prosecuting the same 
 Subject, added a further Supplement of Papers, with full 
 power to publish them and all that was his Father's, as my 
 own. But I am not so vain, to arrogate to myself the praise 
 due to another Man's Labours. Therefore I do frankly ac- 
 knowledge, that in the present Undertaking I do but write 
 after that excellent Man's Copy. And though I allow my- 
 self the Liberty of altering his Method, supplying his 
 Omissions, leaving out or but slightly glancing at some 
 things whicli he dwelt upon more copiously, nay, differing 
 from him in some particulars, in short, making such Changes 
 in the whole, as that to one who considers both, we m-ay 
 seem to have pursued different Designs, yet still I must own 
 that the Foundation on which I build is his, and a great part 
 of the Materials employed in this Work, likewise so much 
 his, as to be sometimes laid down and delivered in his own 
 Words. 
 
 I am also obliged to another of our Magistrates, Philip 
 Dumaresq, Esq. ; Seigneur de Samarez, for a set of curious 
 Observations, which he was pleased to impart to me a little 
 before bis Death. This is that very ingenious Gentleman, 
 who having (with proper assistance) survey'd the Island, 
 and Sounded the Bays and Harbours around, gave us that 
 fine Drauglit which graces the front of this Book, and is 
 equally calculated for a Sea Chart and a Land Map (7). 
 To fit it for the place where it stands, the Engraver was 
 necessitated to contract it into a lesser form, from the ori- 
 ginal, done on a large Skin of Vellam. 
 
 Let none despise this Work, because it treats of a Country 
 of no greater extent, and that makes so little noise in the 
 World. For as the Power and Wisdom of God are no less 
 seen in the production of the minutest Insects, than of the 
 more glorious parts of the Creation, so his Providence is no
 
 PREFACE. Xi 
 
 less to be admired in the preservation of the smallest States, 
 than of the greatest Empires of the Universe (*). Is it 
 not indeed marvellous and astonishing, that in the Course of 
 more than eight hundred years, wherein so many surprizing 
 Revolutions have happened in the World, Kingdoms over- 
 thrown, Nations plucked up, Cities destroyed, almost every 
 thing every where turned upside down, scarce any sensible 
 Change, none at least very fatal, has been felt in these 
 Islands ? But if ever the mighty hand of God appeared 
 signally in favour of a People, 'tis in the wonderful Deliverance 
 he has wrought for us, during the long run of so many Ages, 
 from a Power that has made all others, far and near tremble 
 by turns before it, whilst it has not been able to prevail 
 against us, who are in a manner contiguous to it. Every one 
 that reads this knows I mean the French, who have seldom 
 neglected any opportunity of adding to their Dominions, and 
 dilating on all hands their Frontiers. What vast Acquisi- 
 tions, what Conquests, have they not made from ancienter 
 Times down to the present Days ! How many Battles have 
 they fought, how many Victories have they won ! They 
 have recovered, and reunited to their Crown, those goodly 
 Provinces, which had been dismembered from it under the 
 weak Successors of Charlemagne, and erected into seperate 
 Sovereignties, as Bretagne, Provence, Dauphine, Burgundy, 
 Champagne, Loraine (f), &c. They have regained those 
 which the English, with so much reputation and honour, 
 had won from them heretofore, or which were the old and 
 undoubted Patrimony of our Kings, or had been acquired 
 by Alliances and Marriages with the Heiresses of those 
 fine Countries, as Nwmandy, Maine, Anjou, Poictou, 
 Aquitaine, &c. They have pierced through the Pyrenees 
 and the Alps, and carried their Arms into the Bowels of 
 Italy. They have passed the Meuse and the Rhine, turned 
 the fertile Plains of the Netherlands into an almost perpetual 
 Scene of War and Blood, and with their Swords have cut 
 
 (*) Deus maximus in minimi*. 
 
 (f) Loraint was restored f o its Duke by the Peace of Ryswiefc. (&)
 
 Xii PREPACK. 
 
 their way through the thick Forests of Germany. They 
 have improved their Navigation to a degree as is become 
 terrible to their Neighbours, and they who once knew little 
 more than their own Coasts, cover now the Ocean with mighty 
 Fleets (*), and have enlarged their Empire beyond some of 
 the remotest Seas. And yet these Men, who every where 
 else have met with such prodigious successes, have been 
 alwaies defeated in their Attempts upon these Islands. As 
 if that narrow Current, that divides our Shore from their 
 Continent, had, by some secret order of Heaven, been 
 decreed to be a Boundary to their Conquests on this side, 
 which on all others have forced the strongest Barriers of 
 Nature, and whose swift progress neither Mountains, nor 
 Rivers, nor Seas, have been able to obstruct. I think that 
 every one who owns the Providence of God in the Care and 
 Government of the World, must acknowledge something 
 extraordinary in This, and must give him the glory of our 
 rescue and preservation. 
 
 'Tis indeed a special Mercy of God, that in all this time 
 that we have not been swallowed up by a Power which has 
 born down so many others, much more able to defend them- 
 selves, and placed at a greater distance. For besides the 
 loss of our Civil Liberties, and falling under a Yoke so 
 uneasy to all that bear it, what could we expect, but the loss 
 also of what is infinitely dearer to us, viz. our Holy Religion, 
 and a sad share in those horrid Persecutions that have laid 
 waste a flourishing Church, and forced some Hundred 
 Thousands of innocent Persons to abandon their habitations, 
 and seek in Foreign Countries the liberty of serving God 
 according to their Consciences, which they were not suffered 
 to enjoy at home? Whereas by our remaining united to the 
 Crown of England, we live under an easy and gentle Govern- 
 ment ; we are subject to a merciful Throne, from which we 
 derive abundant acts of Grace and Favour, and to which we 
 are never denied access under our Pressures ; we enjoy the 
 
 (*) The Reader will remember that this was written before the burning of 
 their Ships at la Hougue.
 
 PREFACE. Xlll 
 
 best Religion, and have Communion with the best Reformed 
 Church in the Christian World. 
 
 May that Great God who presides over Human Affairs, 
 and in whose hand are the Fates of Nations, continue these 
 Blessings to us the Inhabitants of this Island, and may we 
 ever walk worthy of them ! May we, as long as the World 
 endureth, remaine unseparable from that Crown from which 
 (under God) these Blessings flow to us ! May Their Majes- 
 ties, by great and repeated Victories, soon bring their 
 Ennemies to a necessity of defending their own, instead of 
 invading the Dominions and Territories of others ! And may 
 the whole English Nation be excited into a generous 
 Compassion of those Dangers which surround us, and be 
 wrought into a belief that we cannot perish without at least 
 a great diminution of their Glory !
 
 AN INTRODUCTION 
 
 TO THIS 
 
 SECOND EDITION. 
 
 THIS Account of JERSEY first appeared abroad nine and 
 thirty years ago, in the time of King William's War with 
 France ; and was drawn up and published with a view to 
 that War, and to the Dangers which we of this Island 
 apprehended ourselves in from it. The French, through a 
 long course of Prosperity, had carried their Naval Power to 
 a formidable height. On the confidence of their own single 
 Strength, they boldly dared to face and engage the combined 
 Fleets of England and Holland. After the unhappy Affair 
 at Beachyhead, they had the Channel open and unguarded 
 before them, and thereby opportunities to make Descents. 
 And if by that Misfortune, so great a Consternation spred it- 
 self through the whole Kingdom, as the Historian relates (*), 
 and many yet living may remember, how much greater and 
 juster must our Fears be in this small Island, seated within 
 that very Channel where they ranged and triumphed without 
 opposition ! The Revolution had been followed by great 
 troubles and convulsions in the Three Nations, which had 
 taken up the whole attention of the Government, and 
 diverted it from us, so that we were left in great measure 
 destitute of the most necessary things for our Defence. But 
 it pleased God so to infatuate the Counsels of our Ennemies, 
 that instead of making an Attempt upon us, they bent their 
 course Westward, and contenting themselves to plunder and 
 set fire to a few Villages on that Coast, retired into their 
 Harbours. 
 
 The War went on to rage with great Fury and threatned 
 a long continuance. The Event seemed doubtful and 
 uncertain. We were sufficiently warned not to run again 
 the hazard of being found unprovided in a time of exigency 
 and distress. Therefore in an Assembly of the States, held 
 to consult about our future Security, it was resolved to 
 depute above, and to lay an humble Representation of our 
 danger and wants at the foot of the Throne ; and the 
 
 (*) Complete History of England. Vol. 111. pag. 502.
 
 INTRODUCTION. XV 
 
 Author (9) of these Papers (in conjunction with a worthy 
 Gentleman since deceased (*) was called out for that Service. 
 
 We found easy access to the Royal Presence, Our Address 
 was well received, and had all the success we could reason- 
 ably desire. Which even now at this distance of Time, I 
 take pleasure to mention with due honour and gratitude to 
 the Memory of those Two excellent Princes who then 
 jointly swayed the Scepter of these Kingdoms (f). The 
 King had too discerning and true a Judgment, not to see 
 what a fatal Error it would be to suffer the French (grown 
 as they were so powerful at Sea) to make themselves Masters 
 of Islands, whose commodious Roads and Ports, better than 
 any on their own Coast (+), might enable them to obstruct 
 the Navigation, and in time dispute the Soveraignty of the 
 Channel with England. The Lords and Great Men of the 
 Court, as occasions offered to make application to them, 
 happily concurred with His Majesty in the same kind 
 concern for our Safety ; and I cannot forget a most obliging 
 expression of the Lord Chamberlain, the Earl of Dorset, 
 who, speaking to myself, said in his usual polite manner, 
 that he looked on these Islands as the prettiest flower in the 
 English Diadem, concluding with assurances of service. 
 His Majesty's gracious promise of Protection was soon made 
 good by a large supply of Warlike Stores, which put us in a 
 condition (under God's assistance) to repell force with force, 
 and not be made an easy prey to an Invader. 
 
 On the other hand, there were not wanting those, who 
 made no great account of what might be our Fate in the 
 course of the War ; as though it had been a matter perfectly 
 indifferent, whether these Islands remained in English, or 
 passed into French hands. Some I found to have very 
 wrong and injurious, others very lame and imperfect notions 
 of us. To many we were as great Strangers, and as much 
 unknown, as if these Islands had been situate, not as they 
 are in the British Channel, but some Degrees beyond the 
 
 (*) Nicholas Durel, Esq ; thir Majesties's Advocate or Sollicitor. 
 (f) King William and Queen Mary. 
 (J) Viz, their Coast on the Channel.
 
 Xvi INTRODUCTION. 
 
 Line. Here then it was that an honest Zeal for my Native 
 Country, suggested the Thought of doing something that 
 might place us in a better light, remove prejudices and 
 rectify misapprehensions concerning us. For though we 
 stood secure of His Majesty's favour, and of the good 
 opinion of the Court, it seemed very desirable to have the 
 Body of the Nation come into the same Sentiments and not 
 be unconcerned at what should become of us. 
 
 Such was the Occasion that gave birth to this Book, from 
 which time to this I have seen no cause to repent the writing 
 of it, inasmuch as it has made us better known, and by 
 making us better known has (I trust) made us more valued 
 and esteemed. There is a stop put to that contemptuous 
 manner of treating these Islands, which was too common 
 before ; nor has any Man the face now to say, that it were 
 better for England to be without them. The only thing 
 that sticks with some, is the Charge which keeping of them 
 brings upon the Nation. But that is the Voice of Men, 
 who measure the Interests of Crowns and Kingdoms by the 
 narrow rules of Private Interest. For these Islands are to 
 be considered as a Frontier, or Advanced Guard towards an 
 Ennemy's Country. And such Places do always, in the 
 very nature of them, suppose and infer a Charge for 
 Forteresses and Garrisons. Should the French by the 
 Conquest of these Islands (which God forbid) extend them- 
 selves into the Channel, they would repine at no expence 
 laid out upon them. And then England might possibly in 
 few years see another Dunkirk (*) rising here out of the 
 
 (*) Let this that follows serve for a proof of what the French might do here, 
 if they were Masters. Towards the end of the Reign of King Charles II, s-mie 
 able Engeneers, with the Lord Dartmouth, were sent to lake a more perfect View 
 of these Islands ; and on that side o/"Guernezey which lies to the North-West t 
 and looks into the Channel, they found and pitched upon a Place excellently Jilted 
 by Nature for the construction of a Mole and Bason, wherein a Fleet of capital 
 Ships might lye. A Draught was made of the Port, and an Estimate brought in 
 of the Charge. But the Work remained without execution by reason of the bad 
 state of the Exchequer at that time; and the King lived not to resume I he same, 
 when his affairs were in a better condition. Such a Place as this in the Channel, to 
 be a Station for large Men of War, the French would parchase at any rate ; 
 having in all their Coast from Dunkirk to Brest none but Havres de maree, i. e. 
 Tide-Harbours, wanting a sufficient depth of water for such great Ships. [From 
 the Memoirs of the Sr. de Samarez.]
 
 INTRODUCTION. 
 
 Sea, and lament loo late it's unpolitic management, if by 
 neglecting us to save Charge, the Ennemy were left to 
 accomplish at last what they have so long aimed at in vain. 
 But there is another Consideration, which perhaps may 
 have more weight with those who make the forementioned 
 Objection. And that is, the benefit and advantage accruing 
 to England, from the coiltinual Intercourse with it which 
 our Dependance necessarily creates. For in that Intercourse, 
 whether by Commerce and Traffick, or by other Waies, 
 which are various and many, the Ballance is so much on the 
 side of England, that though it were at a greater Charge 
 than in truth it is for our Defence, it can never be a loser by 
 Us, but must remaine a gainer. This is capable of Demon- 
 stration, and will be remembered again when I come to 
 speak of the Trade of this Island. 
 
 The Book being long since out of print, and a continual 
 demand made for it, the Bookseller has been encouraged to 
 undertake and to request my help for a Second Edition ; 
 which now comes forth, though not at so favourable a 
 conjuncture as when the same Book made it's first appearance. 
 That was, as is said before, during the War which followed 
 the Revolution, and was occasioned by it. The People of 
 England, in defence and vindication of their Settlement, 
 and to maintaine the Crown on the Two Illustrious Heads 
 whereon they had placed it, in which they were opposed by 
 France, never engaged against an Ennemy with more resent- 
 ment and spirit than they then did against that Nation. It 
 naturally fell in my way, when I was speaking of the many 
 repeated Hostilities of the latter against these Islands, to tax 
 their Ambition, lust of Dominion, and injurious Treatment 
 of their Neighbours. And this striking in with the sense of 
 every Patriot and good Englishman, procured to my Book a 
 kind reception, and made it be read with approbation and 
 favour. But now the Case is altered, and we are at amity 
 (if not in Alliance) with those towards whom we then stood 
 at mortal Defiance. Which may, in the opinion of some, 
 
 D
 
 Xviii INTRODUCTION. 
 
 render those Reflexions on the French ill-timed and unsea- 
 sonable at such an hour as this. Here therefore I must 
 intreat the Reader, to withdraw his Attention from present 
 Appearances, carry it forty years hack, and as he goes along 
 with the Book, fancy himself reading it at the Time it was 
 first published (*) ; that memorable Time when we were 
 striving and struggling so hard with France, for our own and 
 the Liberties of all Europe. The remembrance of that 
 Time ought not surely to be erased out of Books, in 
 compliment to a reconciled Ennemy. Nor is History to 
 ring Changes forwards and backwards, in compliance with, 
 and to accommodate itself to the inconstancy of Human 
 Counsels and Projects. 
 
 In regard to our own quiet and security, no Situation can 
 be more unhappy than that of these Islands, lying as they 
 do betwixt Two Mighty States, often at war, at best but at 
 an uncertain (if not assidious) Peace with each other. By 
 one of those Powers they are, and have been for many Ages, 
 as of right they ought, held and possessed. By the other 
 they are, and have been long coveted and envied. Our 
 Friends, of whose prompt assistance we would gladly be sure 
 in time of need, are rather too far off ; whilst our Ennemies 
 are so near, that in three hours they can be upon our Coast ; 
 and 'tis this nearness that attracts their Envy, and makes 
 them cast so many longing looks towards us. If we were 
 farther off, possibly they would not think of us. And this 
 remembers me of a Word in their Language, which has 
 pretty often helped them out, and served to give a colour to 
 their Usurpations. 'Tis what they call t)roit de bien- 
 s^ance (f), the meaning of which in plain English, is, a 
 Right to seize ori all they find to lie near and convenient for 
 them. Thus Ndboth's Vineyard was at the bien seance of 
 
 (*) // fnnt tonjnurs lors qifonUt urte Histoire, songer au Terns ou FAuteur a 
 &*it. Vdllaife Hist, de Charles XII. Rut de Suede. Disc. pa*;. IX. 
 
 (t) Les Princes occupent souvent des Places par Droit de bienseance parce 
 
 qiftlles xont a iettr bienseaHce -faW/w asmrent et arrondissent lettr front ieres. 
 
 Furetiere. It cannot be denied but this has been done by oilier porters, but by 
 none so openly and avowedly as by the French.
 
 INTRODUCTION. 
 
 Ahab (*). It lay near the Palace, and was convenient for 
 making a garden to it. True it is, that these Islands are 
 too small to bring any considerable addition of Territory to 
 a Monarchy already so vast, and so widely extended. But 
 those reasons of nearness and convenience, will alwaies make 
 them valued and desired preferably to other Acquisitions, 
 that are, though larger yet more remote. And this shews 
 what dangerous Neighbours the French are to us. Nor is 
 it possible it should be otherwise, unless the Islands could 
 be removed from the place where they are, and transplanted 
 somewhere else. Nay, if instead of dangerous Neighbours, 
 I should say Natural Enncmies, that Circumstance alone of 
 Situation, and of our nearness to them, would warrant the 
 expression [as harsh as it sounds. For even Peace itself 
 cannot alter that Circumstance, nor so far operate, as on one 
 side to cure an inveterate Ambition, and on the other 
 extinguish reasonable Fears and Apprehensions. It may 
 seem a Paradox, but what I am going to relate will evince, 
 That be it War or. Peace, we are almost equally insecure. 
 
 The Dutch having in the year 1665, provoked England 
 to a War, by Encroachments on it's Trade, and other 
 Insolencies, they called in the aid of the French, pursuant 
 to Treaties subsisting between them ; and the French 
 accordingly went into that War, as Seconds and Auxiliaries 
 to the Dutch. Nevertheless that artful Court would seem 
 to keep measures with England, and the Mother of our 
 King (f) being at that time in France, Lewis XIV. took 
 himself the paws to assure her of the constancy of his 
 affection for his Britannick Majesty (J), desired the same 
 might be reciprocal, and excused his granting succour to the 
 Dutch, by the necessity of answering Engagements from 
 which he could not readily depart with honour. One can 
 scarce tell what name to give to a War entered into by the 
 two Courts without anger, or breaking upon mutual Civilities 
 and professions of Friendship. The Writer of the Life of 
 
 (*) Kiugs xxi. 1, 2. 
 
 (t) Henrietta Maria, Queen-mother of England. 
 
 ({) Contpl. Hist, of England, Vol. III. pag. 258.
 
 XX INTRODUCTION,. 
 
 Lewis XIV. in the Supplement to Mezeray, calls it not 
 improperly une guerre simulce, i. e. a collusive and dissem- 
 bled War (*). 
 
 And who would imagine any Danger to these Islands from 
 such a War ? They were notwithstanding never nearer 
 the brink of ruine and destruction than at that very time. 
 A base and perfidious Designe was laid to fall upon them 
 suddenly, whilst the Court of England was lulled into 
 security by the deep Dissimulation of the French, the whole 
 Naval Force of the Kingdom employed against the Dutch, 
 it's Capital City depopulated by a Plague, and this pre- 
 sently after followed by a most dreadful Conflagration. 
 They flattered themselves that the blow would be given, and 
 the Islands reduced, before a Crown so embarassed and dis- 
 tressed could be in a condition to afford us relief. At length 
 Suspicions began to arise of Mischief intended, and hat- 
 ching in the dark against us. One Vaucour, Captain of 
 Chauzey, a small French Island in our Neighbourhood, 
 coming to Guernezey, was there found tampering and prac- 
 tising with some Persons (whom he mistook for disaffected) 
 about betraying the place, for which he was laid hold on as 
 a Spie, and by Judgment of the Royal Court sent to the 
 Gallows. (10) But the plainest confirmation of the immi- 
 nent peril we were in, came by means of Marcchal de 
 Turenne's Lady. That excellent Woman, being a Protes- 
 tant, and zealously attached to her Religion, had withal 
 conceived a great kindness for the People of these Islands, 
 through much and long conversing with a worthy Divine of 
 JERSEY, the reverend Mr. Daniel Brevint (f), (11) who flying 
 for refuge into France, in the Times of Usurpation, like many 
 other loyal Sufferers, had been received into the MarcchaVs 
 Family, and there treated with uncommon respect and 
 distinction, till the happy Restoration made way for his return. 
 
 (*) LeRoi nepouvant plus resister aux instances reilerfas des Provinces Unies, 
 gui le prestoient de rempl'.r sen engagement, il convint avec le Roi rfAngleterre de 
 se declarer re'ciproquement une guerre simulee ; ce quifut execute de la part de la 
 France le 29 Janvier 1 666. pag. 192. 
 
 (t) Since Prebendary of Durham, and Dean of Lincoln.
 
 INTRODUCTION. XXI 
 
 Whether from the Marcchal himself, or others, she got 
 intelligence of the designed Invasion, and not thinking we 
 could 'withstand the Power that was arming against us, she 
 with Tears lamented our sad Fate. Nor did she rest so. 
 Knowing that none are more insolently cruel in Victory than 
 the French, she went to as many of the Chief Officers as 
 she could learn were appointed for that Expedition, and 
 besought them to attemper their Orders with compassion 
 and mercy, and not give up an innocent People to the rage 
 and fury of a brutal Soldiery. This movement which the 
 good and charitable Lady gave herself in our behalf, caused 
 the matter to break out, and take air, so that it soon reached 
 England and the Islands. 
 
 It has been said, that the Town of St. Malo (the ill effect 
 of whose neighbourhood we have felt more than once) offered 
 to bear the whole Charge of the Expedition, if it might be 
 reimbursed out of the confiscated Estates in the Islands. 
 Which seems to imply a designe of carrying off the Inhabi- 
 tants, those at least of the best fortune and interest, who 
 should happen to outlive the Slaughter, to make room for 
 Settlements and Colonies of their own. For though they 
 thought themselves pretty sure of mastering the Country, 
 coming upon it unexpected and by surprize, they were not so 
 confident they should be able to subdue the Spirits of the 
 People, whose hatred of a French Dominion would put 
 them upon watching every opportunity, and using all sorts 
 of means, to free themselves from it ; which to prevent, their 
 Numbers were to be lessened, and their Strength broken by 
 Transportation. And this we must expect to be our Lot, if 
 for bur Sins, God should ever permit those our cruel Enne- 
 mies to bring us under their power. ( 12) 
 
 The King, instead of losing time in fruitless Expostula- 
 tions with the French Court for it's falsehood and treachery, 
 turned his thoughts to provide for our safety. In the Go- 
 vernment of JERSEY we then had the Earl of St. Albans 
 (Jermynj a fine Courtier, but of no reputation for military 
 prowess or virtue. He lived in England, and loved his ease,
 
 XXli INTRODUCTION. 
 
 and so was well contented, upon securing to him a recom- 
 pence for the Fronts of the Government which he heW. by 
 Patent, that another should go to his Post. Whereupon the 
 Duke of Albemarle (Monk) put the King in mind of Sr. 
 Thomas Morgan, (13) a tried and brave Officer, the same 
 whom he, at his marching out of Scotland, had left in that 
 Kingdom to keep it quiet ; a high trust on so nice an occa- 
 sion, and in a time of such general diffidence and jealousy. 
 But that which in a more particular manner qualified him 
 for the Employment, was the Knowledge the French them- 
 selves had of his singular Courage, and great Abilities in 
 War. It would abate of their presumption, when they should 
 come to understand, that they were to deal with One whom 
 they had seen in their own Armies, at the head of Six Thou- 
 sand English sent by Cromwel to joine with them against 
 the Spaniards in Flanders, perform Actions which filled 
 them with Admiration. For however Lockart, the Usur- 
 per's Ambassador in France, had the name of General of 
 those Troops, it was under Sr. Thomas's Command, and 
 animated by his Example and Valour, that That small Body, 
 with little or no help from the French, routed the whole Spa- 
 nish Army at the Battle of Dunkirk, which soon obliged 
 that strong Town to surrender. No less did he, and they 
 led on by him, signalize themselves at the several Sieges 
 of St. Venant, Mardyke, Ypres, and seven or eight other 
 important Places, acquired to France in two Campagnes 
 principally by their means (*). The truth is, they did more 
 than was for the good of England, or of the rest of Eu- 
 rope ; that fatal Step of Cromwel in confederating with the 
 French, for the strengthning of himself in his Usurpation, 
 being what then play'd the game into their hands, and 
 laid the foundation of that Greatness, which has since cost 
 so much blood and treasure to reduce. But this by the by. 
 The Marechal de Turenne, who commanded in chief, had 
 
 (*) A trne Relation of Major General Morgan's progress in Flanders, -with 
 the Six Thousand English, in the years 1657 and 1658, at the taking of Dun 
 kirk,&.c. Lately reprinted in the Phoenix Britannicus, pag. 532, and is one of 
 
 the most curious pieces in that Rhapsody. See also Philips's Addition to> 
 
 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<eGERSUS cocatur. Hist, Norman, 
 Lib. vi. Cap.x. 
 
 (t) od lusulamquce vocateur GERNSI Ypodig. Neustrise. pajy. 23. 
 
 Chroti. de Normand. Ch. xiv. Abrege de 1'Hist.de Noruiautl, Ch. iii. pag. 106.
 
 15 HISTORY OF THE ISLAND". 
 
 for his promising qualities preferred by his father to alF 
 collateral relations in the Succession of Normandy. We 
 shall see him by and by with both the Royal and Ducal 
 Crown upon his head. 
 
 All these Princes shine in History, and 'tis noted as a 
 felicity peculiar to Rollo's Race, that none were seen to 
 degenerate, but like him to be all eminent in Peace and 
 War (*) ; which is very true, so far as we have gone in our 
 account of them ; while in the same Age, the Descendants 
 of Charlemagne were sunk into such prodigious sloth, and 
 unaptness for Government, that hardly any trace appeared 
 remaining in them of the virtues of their great Ancestor. 
 For six such Princes as those above, to follow one another 
 without interruption, in a continued series of 154 years, and 
 no worthless creature to thrust in, and break the beauteous 
 Link, is extraordinary enough to deserve observation. Not 
 that they were exempt of all blemishes, but those were less 
 heeded for the sake of their greater excellencies. 
 
 'Tis from the good character of these Princes that I am 
 left to guess at the state and condition the Islands were 
 in under them. I say, left to guess, because here Memoirs 
 and Authorities fail me. But if a people are rarely unhappy 
 under a good Government, it could hardly fare otherwise 
 than well with the Islands, while such Princes ruled ; which 
 is all that can be said upon that subject. After Robert, the 
 last of the six, comes his son, 
 
 WILLIAM the Conqueror, the beginner of a new Epocha 
 in the History of England, and from whose Conquest of 
 that Kingdom I date the Fourth and Last Revolution 
 amongst us ; though indeed in critical strictness it should 
 rather be placed in the Reign of his younger son K. Henry 
 I. For whilst Robert, elder brother of Henri/, held 
 Normandy, after his father's decease, we were his subjects, 
 that is, subjects to a Duke of Normandy. But when Henry 
 
 (*) Nous devons cette remarque glorieuse a la rn.4m.oire de no* Dues de Nor- 
 maiulie, que depuis Raoul il nes'en est pas rencontre un seul fnible, lasche, ou 
 meschant, non pas settlement mediocre ; mais tous or.t esl6 excellens en toutes, ou 
 en la pltispart dcs qualUcs requises en des Princes capables de commander aux 
 plus grands JEstats de la Terre. Abregc de 1'Hist. de Norm. Liv. iv. pag. 129.
 
 HISTORY OF THE ISLAND. 1G 
 
 liacl dispossessed his brother, and added Normandy and 
 these Islands to the Kingdom of England, we then became 
 English subjects. Robert's Reign was so short, that the 
 break it makes is inconsiderable. Our subjection therefore 
 to England may, with very little error, and with that small 
 exception, be reckoned to have commenced at the Norman 
 Conquest an. 1067, from which time to this (*), are GG4 
 years. And if we go so far back as the Treaty betwixt 
 Charles the Simple and Rollo an. 912, it is not less than 
 819 years since France yielded us up, and that we have been 
 under the more happy dominion of other Powers. (24) 
 
 This gives the inhabitants of these Islands the Prece- 
 dency, as to priority of Time, before all others their Majesties 
 subjects, saving only the purely English ; Ireland not being 
 subdued till the Reign of Henry II. nor Wales reduced till 
 that of Edward I. and neither the one nor the other, per- 
 fectly even then. Thus also the Accession of Scotland 
 happened not till the beginning of the last Century, to say 
 nothing of the Plantations abroad, which, in comparison, 
 are but of yesterday. I speak not this to derogate from the 
 honour of Kingdoms and Principalities which do vastly 
 exceed us in expansion of Country, and have brought a far 
 greater addition of Power to the English Empire ; but to 
 demonstrate their Majesties ancient and indisputable right 
 over us, and shew at the same time how strong our attach- 
 ment is to England, which has stood the long Test of so 
 many Ages. 
 
 By the Conquest no small change was introduced into the 
 Laws, Customs, Manners, and the very Language of Eng- 
 land ; as it usually comes to pass on the like great Events. 
 In the Islands we were not subject to this inconvenience, for 
 a very plain reason, if I may presume to speak it, viz. our 
 being, not on the conquered but on the conquering side. 
 Our Constitution being in all things like that of Normandy, 
 could not be affected, or any way suffer, by a Duke of Nor- 
 mandy bringing another Nation under his power ; therefore 
 it remained as it was, and so (for the most part) subsists to 
 (*) Fa. to this present year 1731.
 
 17 HISTORY OF THE ISLAND. 
 
 <his clay (2/5). All the change we felt, was, that instead of 
 a Duke, we now had a great and powerful King for our 
 Sovereign, or rather we had both in the same person. 
 
 At last this mighty Prince, after a Reign famous for 
 military exploits, gave way to fate, and met his death in 
 Normandy by an uncommon accident. He had taken the 
 Town of Mante, and in revenge for some contemptuous 
 words spoken of him by the French King to whom the 
 Town belonged, he would have it burnt and laid in ashes. 
 As he was riding through the streets amidst the fire and 
 smoke, pressing the execution of his cruel orders, his Horse 
 pitch'd with its forefeet into a sink, and in raising up and 
 recovering itself, the King received such a contusion in his 
 groin by the pommel of the saddle, that he fell into a lan- 
 guishing, of which he died (*). I mentioned before his 
 being buried at Caen, in the Church of the great Abbey 
 founded by himself, where I have seen his Tomb. 'Tis a 
 plain Altar-Tomb, standing in the middle of the Choir ; 
 and has two Inscriptions on it, one on each side , the first 
 setting forth the Quality of his Person, and the Union of 
 England and Normandy under him (f) ; the other reciting 
 how that Monument had been demolished by the Hereticks 
 (meaning the French Protestants} and was now repaired by 
 the Religious of the Abbey, in gratitude to the memory of 
 their Royal Founder (). Such violation of Sepulchers, 
 respected by the very Heathens themselves (), can do 
 no service to any cause, and brings reproach upon a good 
 one. (26). 
 
 (*) Comme il chevauchoit par la ville, son cheval mil le train de dev ant dedans 
 une fosse ou malicre,et au resnuldre il se blessa griefvement en la penilliere, se 
 heurtant d Parson de la selle. Chron. de Normaud. Ch . I. 
 
 (t) Qui rexit rigidof, Northmannos at que Britannos . 
 Audacter vicit, &c. 
 
 (|) Hoc SepulcliTum invictissimi juxta $ clementissimi Conquestoris Guiellel- 
 mi, dum viveret Anglorum Regis Normar.nornm, Coenomanorumque Principle, 
 hujus insignis Abbatiae pii Fundatoris, dim anno 1562 vesano Haereticorum furore 
 direptumfuisset,pio tandem ejusdem Abbatiae Religiosorum gratitudinis sensu in 
 tarn beneficum largitorem, instauratumfuit, anno Domini 1642, 
 
 () Vid Gather, de Jure Ma a i urn, Lib. lii passim.
 
 HISTORY OF THE ISLAND. 18 
 
 ROBERT II. sirnamed Courle -cuinse and Courteheuze (*), 
 eldest son of the Conqueror, Duke of Normandy exclusively 
 of England. Good and evil were so oddly blended in this 
 Prince, that 'tis not easy to hit his just character. Valiant 
 and bold as all of Hollo's Race, affable and popular, gene- 
 rous and compassionate ; but withal rash and imprudent, 
 credulous and inconstant, prodigal and giving without 
 measure or distinction (f) ; once or twice in open Rebellion 
 against his Father, yet rather through the inducement of 
 others, than from an evil disposition in himself. Such a 
 conduct however had lost him much of his Father's affection. 
 He was rambling in foreign Courts when his Father died, 
 which gave opportunity to William Rufus, the Conqueror's 
 second son, to hasten over to England, and secure that 
 Kingdom for himself, leaving Normandy to Robert. This 
 created a war betwixt the two Brothers, which ended in a 
 pact of mutual Succession, whereby England and Normandy 
 were to be rejoined in the survivor, in case the deceased 
 left no issue (). 
 
 After this, came on the famous Croisade for the recovery 
 of the Holy Land, in which Robert, engaged, with Godfrey 
 of Bouillon and other Princely Adventurers. But wanting 
 Treasure for the charge of such an Expedition, he was 
 obliged to borrow, and found none more ready to lend than 
 his brother Rufus, who was not displeased to see him go so 
 far out of the way, and took care to have Normandy mort- 
 gaged to himself for the security of his money. The Duke's 
 known valour and liberality had so much recommended him 
 to Military Men, that he set out well attended ; and we 
 have still extant a list of those Seigneurs i. e. noble and 
 qualified Persons of Normandy, who followed his Standard, 
 and signalized themselves witk him in that war. Among 
 
 (*) Corpore brevis et grossus, ideoquc Brevis Ocrea a Patre est cognominatue 
 Orderic. Vital. Hist. Eccl. Lib. viii. 
 
 (f) Id- Ibid. 
 
 (|) Hoc statuerunt inter se, si alter sine h&rede morireiur t haereditas defuncti 
 wperstiti remaneret, Walsingh. Ypod. Neustrite. pag, 33. 
 
 H
 
 19 HISTORY OF THE ISLANI>. 
 
 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<t boucherie. De Rouen il s'en alia a Cherbourg, pour 
 estreplus a recoy ; ou un aoir assez tard il se mist a cheval, et ce jeune Prince de- 
 vant luy ; et laissant arriere ce qu'il avait de gens, commenya a marcher su>~ 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 <Sf juxtd potestatem Regis Franciae, aliomm inimicorum 
 nostorum (these were the Bretons} quod omnes Portvs Insularum benc custodian- 
 tur ; 4r Custodes Portuum Dominus Rex constituere prcecepit, ne datnna sibi $ wis 
 eveniant, Constit. Johanuis Regis. Artie, xviii. 
 
 (t) This teas the Supreme Court of Normandy, wherein the Duke sate in person, 
 with the Prelates, Barons, &c. A t first ambulatory, but afterwards made seden- 
 tary at Roften, Lewis XII, King of France converted it into a Parliament, an. 
 1499. Vid. Terrien. Liv. xv. p. 635. 
 
 (J) Under Guernezey ore comprised the tivo lesser Islands of Sark $ Aldcrney.
 
 HISTORY OF THE ISLAND. 38 
 
 Day, and may not improperly be called our Magna Charta, 
 like that of England, and prior in Time to it. See those 
 Constitutions in the Appendix, Numb. I. I do not suppose 
 that all these things were done at once, and at the King's 
 first going to the Islands. The framing of the Constitutions, 
 and adapting them to our Laws, to which he would not 
 derogate, required some deliberation. But I find him again 
 in JERSEY (*), in the fifteenth Year of his Reign, i. e. Three 
 Years only before his Death ; which I take for a further 
 Proof of his Care of us, continued to the last, and from 
 which even the Troubles he was then under by the Rebellion 
 of his Barons could not divert him. 
 
 Here when I reflect on the great Obligations we have to 
 this King, and how well he deserved of us, it grieves me 
 that I cannot allow myself to speak of him, consistently 
 with Truth, in terms which might testify our Gratitude, 
 and do honour to his Memory. But his Faults in Govern- 
 ment, and Vices in private Ljfej were so flagrant and no- 
 torious, that they can in no wise be excused or palliated. 
 Unhappy Prince ! So stained with Guilt, and sunk in Fame, 
 that even They to \vhom he was the greatest Benefactor, 
 must be ashamed to open their Mouths in his Commen- 
 dation. All that csn truly be said of him, is, That he was 
 the Instrument of Providence for our good. 
 
 I observed before that while Normandy and these Islands 
 went together, some Gentlemen had possessions in both. 
 This now was growri impracticable, each of the two angry 
 Kings threatning to seize the Lands of those who did not 
 instantly withdraw from under the Obedience of his Enemy, 
 and join themselves to him. And as it was very natural, 
 so the practice generally ran for Gentlemen to stick to that 
 side where they had most to lose. Thus in JERSEY Procla- 
 mation being made for the Seigneurs de Paiqnel, d' Orville, 
 Pinel, Commendes,d'Auneville, du Fourmet, d'Orglandres, 
 &c. to repair to the Island under pain of Confiscation and 
 Rebellion, and the main bulk of their Estates lying in Nor- 
 
 (*) Rex cum privatafamilia, naves ascendit, 4f post triduum apud 
 fntulam applicuil, Matt. Paris, Hist, mag ad an. 1213. pag. 201.
 
 39 HISTORY OF THE ISLAND. 
 
 mandy, 'tis no Wonder if seeing they must be Losers some- 
 where, they choose to be so where their Effects were less 
 considerable. On the other hand, the Seigneur de St. Oiien, 
 of the Name and Family of Carteret, postponing all views of 
 Interest to those of Duty and Honour, and remaining un- 
 moveably fixed in his Allegiance to England, had his 
 Lordships of Carteret (*), Angeville, and diverse others (f), 
 which he held in Normandy, and were his ancient Patri- 
 mony, taken from him, and made Forfeitures, whereby 
 none lost and suffered so much as he j those Lordships and 
 Lands in Normandy much exceeding in value his JERSEY 
 Estate. Of the Merit and signal Services of this Family to 
 the Crown of England, in maintaining its Rights, and 
 asserting its Interest in these Islands, under all Turns and 
 Changes, some of them discouraging enough, the following 
 Sheets will afford further instances (30). 
 
 I have enlarged on this Reign greatly beyond the former; 
 it having been of all others the most Trying and Critical 
 Reign with us. It was That which rent and severed us from 
 Normandy, our Mother- Country, once a Land of Brethren 
 and Friends, but now of Enemies ; for such to us the 
 Normans became by their Coalition with the French ; and 
 the more dangerous Enemies for their being so near us, and- 
 as it were at our doors, (31). Therefore when hereafter I 
 speak of the French, and of their Hostilities against these 
 Islands, I would be understood to include the Normans with 
 them, as no less adverse to us than they, since our Separa- 
 tion from Them. But, to make us amends, in this Reign 
 also it was, that we had the honour to be taken into a nearer 
 Relation to England than before, something like an 
 Adoption, the more grateful to us as it made no material 
 alteration hr our Constitution. From being mere English 
 Subjects, we then came to be reputed Englishmen (+) ; 
 
 (*) From this the Family takes its Name. It is a small Town on the Sea^coast 
 of the Lower Normandy, betwixt Cherbourg and Coutance, North East of 
 JERSEY. I find it placed very right in Mr. Seuex'j Map of France. 
 
 (t) Etplusieurs autres. Chronique MSS. de Tlsle de JERSEY, Ch . \Y. 
 
 (J) The French themseltes learnt to call these Islands Les lles Angloiset), 
 j. e. the English Islands.
 
 HISTORY OF TE ISLAND. 40 
 
 and we are proud of the Name, yet reckon it a happiness to 
 be suffered to live under our own Laws, and enjoy our ancient 
 Usages, tho' it must necessarily keep up a sort of Distinction 
 betwixt the strictly English and us. Some Writers (*) 
 not well acquainted with our affairs, have so made us One 
 with England as to lay us within a particular County, viz. 
 Hampshire. But this is a great mistake. Hampshire in- 
 deed is one of the nearest counties to us (f) whose Ports 
 we mostly frequent for Commerce (32.) On any other ac- 
 count, we have as little to do with it as with Northumber- 
 land, the remotest from us. In short, these Islands are 
 properly A PECULIAR OF THE CROWN OF ENGLAND ', and as 
 in England the Legislature is the Sovereign with his Two 
 Houses of Parliament, so here 'tis the same Sovereign with 
 his most honourable Privy Council. 
 
 By this time I suppose the Reader is pretty well informed 
 of what we have gone through, to come at our present Set- 
 tlement. It remains to speak of the vain Attempts made by 
 the French in the succeeding Reigns to break in upon us, 
 which will not require so long a deduction as the preceding 
 Transactions. 
 
 HENRY III, Son of King John, lost his Father being him- 
 self but Ten Years old, which proved happy for him and the 
 Kingdom, contrary to the more usual fate of Minorities. 
 The Quarrel betwixt John and his Barons had risen to such 
 a height, that they had set up Lewis Son of Philip Augus- 
 tus, against him. At their invitation the Prince came over, 
 and a cruel War ensued in the Bowels of the Kingdom. 
 But the King dying, the same Barons, in pity to the Youth 
 and Innocence of his Children, returned to their Duty, and 
 fell off from Lewis ; who not willing to let go his hold, sent 
 for a reinforcement from France. Those Troops were met 
 at Sea, and defeated ; which obliged Lewis to drop his 
 pretensions, and retire. The chief Commander of the Fleet 
 
 (*) Hollingshead in his Description of Britain, p. 32. followed by others. 
 
 (t) Portland in Dorsetshire is the nearest part of the Continent of England 
 to if.
 
 41 HISTORY OF THE ISLAND. 
 
 which did that good service, was Philip de Aubigny (*), 
 Lord, (for such then was the Title) i. e. Governor of these 
 Islands ; and the Fleet consisted of the Shipping of the 
 Cinque-Ports, with such additional strenght as the Islands 
 could bring. I confess I have no direct Authority for the 
 last Particular, but it must be for That, or for some other 
 Action of no less Merit with him, that Henry some Years 
 after, under an apprehension of danger to the Islands, is- 
 sued forth his Royal Mandate to the Barons of the Cinque- 
 Ports, to go to their assistance upon the first notice from 
 the Governor ; adding for a reason of such his Care of them, 
 That they had deserved well of him, and he owed them 
 both Commendation and thanks (f). The same regard he 
 retained for them so long as he lived. For albeit the Trou- 
 bles he met with in the After- Course of his Reign drew him 
 into a dishonourable Treaty with France, by which he 
 yielded up Normandy (J) to that Crown upon very unequal 
 Considerations, he never would, nor did, make Cession of 
 these Islands. The French on the other side, tho' the 
 said Treaty was wholly in their favour and to their advan- 
 tage, could not yet rest satisfied with it. Still they were 
 uneasy to see these Islands in English hands. Where- 
 fore in the very next Reign, which was that of 
 
 EDWARD I, they made a fresh assault upon them, in which 
 they succeeded no better than in the former. The People 
 stood stoutly on their defence, and drove back those 
 Invaders. There is still to be seen remaining upon Re- 
 cord () (33), the Provision that was made, by order from 
 the King, for the Widows and Orphans of such of the Inha- 
 
 (*} Matt. Paris. Hist, ad ann. 1217. Edit. Wats. p. 250. Daniel's Life of 
 Hen. III. hi Compl. Hist. p. 171. Another great Commander in this Fleet was 
 Hubert de Borgh Governor of Dover-Castle. 
 
 (f) Mahdatum e'st Baronibus de Quinque-Portrbus, quod si opus habuerit 
 (Ricafdus Grey Custos fnsularvm) 8f illud eis scire, fecerit, 'in ejus auxilium ve- 
 niant ; ita quod Dominus Rex eos (viz Insulauos) merito debet commendarc, cum 
 gratiarum actione. Teste Kege apud West in, 16 die Maii. An. Regal x. 
 
 (}) That is to say, his Right and Claim to Normandy, for the French were 
 already in possession. 
 
 (k) Brevia facta de petitionibus hominum GERES, & Gernes. retornatis in 
 Consilio in autumno An. regui Regis 'Ed. xxme.Tid Ryley's Placita Par- 
 liamentaria in Appendice, p. 469.
 
 HISTORY OF THE ISLAND. 42 
 
 bitants as were slain in the Conflict they had with the 
 Enemy ; with Gratifications to others that had signalized 
 themselves, or sustained any considerable Loss, on that 
 occasion ; which gratifications were extended to some of the 
 Clergy (*) (34), who in these Islands have always been 
 examples to the rest of Zeal and Affection to the English 
 Government. 
 
 EDWARD II, was so nearly allied to France, by his marry- 
 ing Isabel, daugther of one, and sister of three of their 
 Kings, that in his time there was Peace betwixt the two 
 Crowns, and we also ceased to be molested from that 
 Quarter. But we could hardly have suffered more from a 
 French Invasion, than we did from the unhappy Adminis- 
 tration of Affairs in this Reign. The Commotions in 
 England occasioned by it are well known. Our particu- 
 lar Grievance was, an open violation of all our most valua- 
 ble Rights, by the Judges of Assize coming to the Islands, 
 and bringing innumerable vexations upon the Inhabitants, 
 Not only Publick Privileges, and Publick Grants, but 
 Private Inheritances and Properties were called in question. 
 No Man was secure of ought he possessed. There was no 
 end of plying us with Quo Warrantos. And as if it had 
 not been enough to be thus persecuted at home, the poor 
 People for further trouble were remitted to a long and char- 
 geable attendance on the Courts at Westminster, directly 
 contrary to our Fundamental Constitution, which exempted 
 us from the Power and Jurisdiction of those Courts. (35) Th 
 consequence of such Usage must have been the depopula- 
 ting of the Islands, and thereby laying them open to the 
 French. But after some Years suffering, and under a better 
 Reign, viz. that of Edward III, upon a Petition of the two 
 
 (*) Edwardus, %c. dilecto fideli suo Henrico de Cobham Custodi Insular, 
 do Gerneseye & Gersey, 1$ ejus Locum tenenli, Salutem. Quia accepimus quoci 
 Ecclesia S. Elerii in Insula de Gersey vacat ad presens per mortem Nicholai de 
 Ponte, quondam persone ejusdem Ecclesie, not Ranulphum flium Petri Maret 
 clericuvi, quia gravia fydiversa dampna sustinuit, per conflictum nuper habitum 
 inpredicta Insula., inter homines ejusdem Insule <Sf quosdam alienigena.t inimicos 
 nostros, graciose prosequi volentfs, vobis mandamus quod eidem Rurmlpho Ecclt- 
 siam prce aliis conferatis. T. meipso. ap. Westtn. 29. die Aug. An. Regui 
 nostri xxm. Vid. Ryley ut sup, 
 
 L
 
 43 HISTORY OF THE ISLAND. 
 
 chief Islands, still to be seen in the Treasury at Westmin- 
 ster (*), that horrid Justice was superseded, and we were 
 restored to our former Freedom and Independence. 
 
 EDWARD III 's pursuit of his Claim to the Crown of 
 France by Arms, brought our old Enemies again upon us, 
 who gave us several unwelcome Visits during that famous 
 Controversy. Philip de Valois, to whom the States of 
 that Kingdom had adjudged the Succession, preventing his 
 Competitor, had prepared and equipt a powerful Navy (f), 
 which he now sent under three Admirals, Hugh Queriel, 
 Babuchet, and another, to cruise in the Channel, and (if 
 possible) keep Edward at home upon the defensive, instead 
 of his aiming at Conquests abroad. Then was the Coast 
 of England greviously spoiled and annoyed by the Enemy, 
 the rich trading Town of Southampton sackt and plundered 
 by them, and these Islands more furiously set upon than ever 
 they had been before. Insomuch that Guernezey fell into 
 their hands, the strong Castle of Cornet (till that time 
 thought impregnable) not excepted. They fared not so 
 well in JERSEY, being repulsed before Mont-Orgueil- 
 Castle (+), yet did a great deal of damage to the open 
 country. In one of the Attacks upon the Castle, the brave 
 Governor, Droiiet (or Drogo) de Barentin (), Seigneur 
 de Rosel, was killed (|J) ; but his place was supplied by 
 
 (*) Mich 6. E- a 
 
 (t) Chronique de Froissart. Vol. I. Ch. xxxvi & xxxviii. 
 
 (J) So called, here by anticipation. The name it went then by was Le C'hasteau 
 de Goray. See hereafter in Henry V. 
 
 () Once a prime Family in JERSEY, but now quite extinct (36). 
 
 (||) A letter of King Edward III, to the Bailly, Jurats, and Inhabitants of 
 J ERSE Y, commending their Fidelity, and acknowledging their Sivices t Rymer's 
 Fged. Tom, v. pag. 186. 
 
 The King to his well beloved and loyal subjects, the Bailly, Jurats, 
 and to all others of our Island of Geresey, Greeting. It is not only a 
 l\eport, but the effect of the deed preponderating over words which clearly 
 proves the constancy of your loyalty towards us and the preservation of our 
 rights, for we have always found you highly zealous in your attachment to 
 us, for which you have suffered very great losses. On which account, as it 
 is becoming our honour, we shall so take care, with the blessing of God, to 
 look with that grateful respect on yonr own commonalty, and on all individuals 
 belonging to the same, that you shall rejoice to have behaved so laudably 
 towards us. Do then, acting with your accustomed loyalty, according to that
 
 HISTORY OF THE ISLAND. 44 
 
 Renaud de Carteret, a Gentleman of equal Courage and 
 Valour (*). 
 
 These Insults of the French alarmed the Parliament in 
 England, and drew a Representation from it to the King, 
 To keep the Sea, and to purvey for tJie Navy, and to defend 
 the Isles of JERSEY and Oernsey (f), the good effect of 
 which was seen soon after. For the very next Year, that 
 Mighty Fleet, consisting of no less than a Hundred and 
 twenty Capital Ships, besides two or three Hundred others 
 of less burthen, and carrying Forty Thousand Men, Nor- 
 mans, Bretons, Genoese, &c. toutes gens de fait et de mer, 
 as Froissart speaks (J), i. e. all resolute fellows and used to 
 the Sea, was so intirely broken and defeated by the English, 
 that perhaps there never was a Naval Victory so complete 
 as That. The Design of Edward was to land at SLuys, in- 
 order to join his Allies, the Flemings, Brabantines, and 
 others, and with thenvto enter France on the side of Picar- 
 dy. The French having intelligence of it, went and posted 
 themselves before that Harbour to intercept him. And tho' 
 they we're much superior to the English, it did not deter 
 Edward from attacking them, and forcing his way through 
 them, with so terrible a Slaughter of the Men, that according 
 to Froissart (who is very particular in describing the Fight) 
 not one escaped being either killed or drowned (). This 
 
 firm confidence which we have in you, for the defence of the said rights 
 against our enemies, conduct yourselves so magnanimously, that in addition 
 to the declaration of praise which you will be enabled lo obtain wonderfully 
 from thence, you may receive from us an abundant recompence. But con- 
 cerning other matters which have a reference to our honour as well as to our 
 advantage, we command yon to give full confidence to our beloved, Thomas De 
 Cerfe, Clerk (a) of our aforsaid Island. Given at Westminster, the 2Uth 
 day of May, An. 14th. Edward III. 
 
 By the King himself and Council. 
 
 (*)Ex.MSS. 
 
 (f) Sir Robert Cotton's Abridgment of the Records in the Tower, p. 29. 
 
 (t) Chronique,Vol. I. Ch. li. 
 
 () Etfurent les Normans, tons les autres Francois, desconfits, marts, & 
 noyes ; 8$ oncques pied ii'en eschuppa, que tons nefusstnt mis a mart, Id ibid. (dTIt 
 seems that Froissart should be a disinterested Writer, as he was neither an 
 
 (a) Clericut is a well known latin term for a Clergyman, but I should 
 apprehend, since so much confidence was placed in Thomas De Cerfe, he must 
 either have been the Greffier of the Royal Court of Jersey, or some othep 
 individual in a high official office. ED.
 
 45 HISTORY OF THE ISLAN. 
 
 no doubt if* exaggerated. But the French Writers them- 
 selves own Ten Thousand killed, and the like number taken 
 Prisoners (*), which is as much extenuated on their side. 
 Thus was the Evil which that Fleet had done to England, 
 and to these Islands, repaid with Usury. 
 
 All this while the French were Masters of Guernezey, 
 and held it three whole Years. And tho' it was happy for 
 JERSEY to have got rid of them, as was said above, it could 
 not but be deeply concerned at the Misfortune and Cala- 
 mity of its Sister-Island, without rescuing of which it very 
 well understood its own Safety would always be precarious. 
 For such is the Site and Nature of these Islands, that the 
 same Fate must ever attend them, and the Loss of One 
 (I speak of the two Principal) will necessarily sooner or later 
 draw the Loss of all the rest after it. The Deliverance of 
 Guernezey was too great an Enterprize for those of JERSEY 
 to go upon, on their own Strength alone. But hearing of a 
 Fleet ready to sail from Englandvfith Recruits for the King, 
 and of Orders given, to the Commanders Reynold de Cobham 
 and Jeffrey de Harcourt to attempt in their way the recovery 
 of the Captive Island, they raised a Contribution of six thou- 
 sand four hundred Marks (f) for that Service, went out and 
 joined the Fleet, and assisted in retaking both the Island 
 and the Castle ; many JERSEY-Men of note losing honou- 
 rably their Lives on that occasion, as the Sieurs de Vinchetez, 
 de Matravers, des Augrez, de Garis, de la Hougue, Lem^ 
 priere, and other Leaders specially named, besides private 
 Adventurers (). 
 
 The Victory before Sluys was but the Prelude to those 
 many Great Actions which followed in the progress of this 
 War, and gained so much Glory to Edward. For more 
 
 Englishman nor a Frenchman, but of Valenciennes in Hainault. Nevertheless 
 Gnguin accuses him of Partiality to the English, Com. Lib. viii, iu Ph. Valesio. 
 
 (*) Masseville Hist. Somm Vol, III. Liv. ix. p. 163. Vid. Walsingham 
 Ypod.p. 117. Polyd. Vergil, in' Edw. III. p. 369. 
 
 (t) If the Markbe here taken according 1 to the then and present Standard 
 in E ngland, the Sum must seem exorbitant, considering 1 the smallness of the 
 Island, and the value of Money iu those days. I set it down as it lies in the 
 Memoir before me. 
 
 (J) Ex, MSSto,
 
 HISTORY OF THE ISLAND. 4& 
 
 than twenty Years together, History scarce speaks of ought 
 else but of his Triumphs and amazing Successes. Those 
 also were Times of rest and quiet to these Islands, the 
 French being in no condition to give them any disturbance. 
 In those happier days there was an Honour intended to us 
 of JERSEY, which it may not be improper to mention. 
 The King of Navarre, breathing Revenge for some pre- 
 tended Injuries done to him by the French, desired to join 
 Arms with Edward, and proposed JERSEY (*), as a 
 commodious place for the two Kings to rendezvous at with 
 their Forces, and thence to pass into Normandy, where the 
 Former had a powerful Interest. To this Edward agreed, 
 and put to Sea from the Thames with a Royal Navy, 
 steering directly for JERSEY. But being forced back by 
 contrary Winds into Portsmouth, and there understanding 
 that the false and fickle Navarrois had reconciled himself 
 to the French, (37), he went and landed at Calais. This 
 Project of the two Kings to enter Normandy by the way of 
 these Islands, though it came to nothing, seems to have 
 kept up ever since in the Minds of the French a jealousy, 
 lest they, viz. the said Islands, be one time or other 
 made a Bridge for the English to visit them on the 
 Continent. 
 
 Propositions and Overtures of Peace were often made, 
 which brought on only now and then a short and ill-kept 
 Truce. In one such, betwixt Edward and Philip de 
 Falois, at the beginning of the War, I find these Islands 
 comprehended by Name. It is there articled, " That if any 
 " Place was then besieged by either of the two Kings, or 
 " their Confederates, in Gascony, Aquitaine, the Isles of 
 " Gerneseye or GENESEYE, the Siege should be raised upon 
 " notice of the Truce (t)." At last came on the famous 
 Treaty of Bretigny, at a time when Edward was in his 
 
 (*) Sir Robert Cotton's Abridgment of Records, p. 90. 
 
 (f) Ensy accorde est qe si par ascune dez roys, par lours genlz, oue lours alliex, 
 cue coadjutours, ascunes,(v\z,segesj toieni misez en Gascoine, en la duche Dac- 
 quitaine, nue en altres yles de mier, en Gerneseye 8; en, GENESEYE, oue ailleurs 
 les segfs se leveront si tost comme tes trewets vendront d lour conisance Henry de 
 Knyghton, among tht Decem Scriptores published by Selden, &c. p. 2579.
 
 47 HISTOltY OP THE ISLAND". 
 
 greatest prosperity (*), who nevertheless consented to lay 
 down his claim to the Crown of France, and to give up Nor- 
 mandy, as Henry III. had done before him. Let others rea- 
 son about that Treaty as they please. I meddle with it no 
 farther than these Islands were affected by it. As a sort of 
 Equivalent to Ediuard for the Concessions he made, the full 
 and absolute Sovereignty of Guyenne, Poictou, Saintonge, 
 and of those other Southern Countries and Territores in 
 France, for which Homage was due to that Crown, was 
 yielded and granted to him. And forasmuch as there were 
 some considerable Islands along that Southern Coast, as 
 Rht, Oleron, &c. about which Disputes might arise, 
 Edward insisted on an express Declaration that they were 
 included in that Grant. Rex verb Anglicr, et hceredes sui, 
 omnes Insulas patriis prcedictis adjacentes, tenebunt (f). 
 i. e. " The King of England, and his Heirs, shall have 
 " and hold all the Islands adjoining to the said Countries." 
 Then follows Una cum INSULTS quas tenet in prcesenti. 
 i. e. " Together with those Islands which he holds at pre- 
 "sent." This Clause relates to the Islands of JERSEY, 
 
 (*) He then had John King of France his prisoner, 
 
 (t) Walsingharn Hist. Angl. ad. an. 1360, seu. 34 Edw. III. pag. 160. This 
 Author in giving an Extract of the Treaty has not distinguished it into 
 Articles. In Rymer's Act. Publ. Tom. VI. p. 178, where the Treaty is at 
 Length, the Article concerning the Islands is the Vltli in Number. But 
 Rapin has shortened and contracted it, so as to omit the Clause, which 
 relates particulary to JERSEY, Guernesey, &c. For this is all he recites of 
 that Article ; Plus tontes les Isles adjacens an PaYs ci-dessus nommez i. e. 
 Moreover, all the Isles adjoining to the Countries above-named. He seems 
 to have taken what follows to import no more than what was said before, or 
 to be only a redundancy of Word*. Whereas nothing can be plainer, than, 
 that the article consists of two Parts, and speaks of two sorts of Islands. 
 First of those the Sovereignty whereof was then for the first time made over 
 to the King of England. Secondly, of those that were his already, yet 
 would he have the Continuance of his Right to them declared, by reason 
 they were originally parcel of a Country which he was now yielding up, so 
 that without such a Declaration, they to whom the said Country was trans- 
 ferred might in after time lay claim to them. Dr. Brady, who likewise gives 
 us the whole. Treaty, and quotes th Record whence he had it, viz. Rot. de 
 Tractat. Pacis Franc. 34 Edw. III. M. lo. he, I say, is more exact. For 
 thus he translates the said Article from the French Original : Also 'tis 
 agreed the King of England and his Heirs, shall have and hold all the 
 Isles adjacent to the Lands, Countries, and Places before-named, together 
 with all other Isles which he holds at present. Hist, of England, Vol. III. 
 pag. 264. I have only to add, that it has always been said and understood, 
 that iu the Treaty of Bretigny, a Reservation was made of these Islands to 
 England, and it must be found in this Clause, or nowhere.
 
 THSTOHY OF THE ISLAND. 48 
 
 Guerne&ey, and the rest, which Edward actually and 
 quietly then held and possessed ; and the same was added, 
 lest, the French should pretend that they had acquired a 
 Right to them by the Surrender of Normandy. Now I 
 cannot but observe again a special Providence in this 
 Reservation made in our favour. For while Edward was 
 thus bartering away Crowns and Provinces, how small a 
 matter was it for him to throw a few Islands into the 
 Bargain ? He who could so easily part with so fine a 
 Country as Normandy, what could make him stick at 
 giving up these Islands along with it ? What, I say, but 
 an invisible Power over-ruling his Counsels, and restrain- 
 ing him from doing That which would have determined 
 our Ruin beyond all hopes of Remedy ? 
 
 Although in the Execution of the Treaty, failures and 
 non -performances of Articles were complained of on both 
 sides, yet still the face and appearance of a Peace subsisted 
 for about nine Years, when the War broke out again with 
 the same fury, but not with the same success to England 
 as before. Edward was now on the decline of his Life, 
 enfeebled both in Body and Mind with the Labour and 
 Fatigue of so long a Contention. His brave Son, the 
 Black Prince, lay languishing under a Chronical Distem- 
 per, which carried him off when his Father and his 
 Country most needed him. The Kingdom was exhausted, 
 and full of Discontents. On the contrary, the French had 
 greatly retrieved their Affairs, and had on the Throne a 
 King in the Flower of his Age, of a cool Head (*), and 
 great Wisdom, thence called Charles le Sage, i. e. Charles 
 the Wise, who knowing his Advantages was indeed too 
 wise not to lay hold of them and pursue them. In fine, 
 what through his own well-concerted Measures, what thro' 
 the Valour of his renowned Constable, or General, Bertrand 
 du Guesclin, he so prevailed and became in a few Years 
 superior to Edward, that the Latter had very little left him 
 in France, not only of what he had won with his Sword, 
 
 (*) Philip de Valois who lost the Battle of Crecy, and John who lost that of 
 Poitiers, were valiant Princes, but rash, and heady , which was the Cause of their 
 Misfortunes. Charles was of another Character.
 
 49 HISTORY OF THE ISLAND. 
 
 but also of what antecedently and of antient Right his 
 Predecessors had enjoyed in that Kingdom. 
 
 Let us now see what Share these Islands had in that 
 astonishing reverse of Fortune. 
 
 Not long after the Rupture, the French let us know that 
 they had not forgot us. Normandy was now theirs again, 
 but it would not content them unless we were theirs too. 
 Charles had at his Court, and in his Service, one Yvans (*), 
 of the Blood of the antient Kings of Wales, an irreconcilable 
 Enemy to Edward and to all the English, on account of 
 his Father having been put to Death for pretended Rebellion, 
 and he himself bereaved of his Inheritance. Inflamed with 
 a desire of Revenge, and being particularly versed in Sea- 
 aftairs, none was thought so fit as He to be employed in 
 reducing these Islands. And so with a good Fleet, and 
 four thousand Landmen given him for that Expedition, he 
 sailed from Harfteur in Normandy, and finding Guernesey 
 first in his way, he began with That. The Islanders re- 
 ceived him with great Bravery at his Landing, but being 
 over-powered, they were obliged to give back, leaving four 
 Hundred of their Number dead upon the Shore. The 
 Castle was next beseiged, and vigorously assaulted, but 
 so well defended, that Charles, who did not imagine that 
 the gaining of it would have proved so difficult a Work, re- 
 called his Troops, and sent Yvans upon another Enterprize. 
 The old Chronicle of Flanders (f) speaks of Hostilities 
 against the same Island of Guernesey, by the Admirals of 
 France and Castille (+) the Year before K. Edward died. 
 
 (*) Froissart Voi. I. Ch. cccv et cccvi. Hist, de Bertrand de Guesclin, 
 Connetable de France, &c. par du Cbastelet. Liv. v. . 12 Hollingsheadad an. 
 1372. pag.4<)7, 
 
 (t) Chronique de Flandres, publiec par De Fontenailles, 3 Lyon 1562. 
 
 (J) Peter, Sirnamed the Cruel, King of Castile, had been ejected out of his 
 Kiugdom for tyrannical Government, and Henry his Bastard-Brother placed 
 on the Throne. The too generous Black Prince, with an English Army, re- 
 stored the Tyrant, who soon after lost his Kingdom again together with his 
 Life. Henry offended at the Protection given to his Competitor by the Prince 
 became an Eunemy to England, and sided with France which had assisted 
 him. It was that fatal Expedition into Castile that occasioned the Rupture 
 of the Peace of Bretigny, and consequently all the Calamities ensuing there- 
 upon. This Note is added to take off the seeming strangeness of a Castillo* 
 Fleet coming against these Islands.
 
 HISTORY OF THE ISLAND. 50 
 
 But these came only as Pyrates and Robbers, for the sake 
 of Plunder. We must not expect that JERSEY should be 
 without having its turn to suffer. And indeed the most 
 terrible Storm of all fell upon it. For the Constable of 
 France himself, mentioned above, not thinking it a Dispa- 
 ragement to his other Conquests to add this Island to 
 them, resolved to make it feel the weight of his Arms. He 
 had observed, says the Author of his Life (*), that the 
 Situation of JERSEY and Guernesey very much favoured 
 the Descents of the English into Bretagne, where the 
 War had spread, and raged as hot as in France, and where 
 he himself then was, warring against the English ; for that 
 by laying up their Stores and Provisions in those Islands 
 so near at hand, they were easily and readily supplied from 
 thence when they wanted. D'Argentre in like manner tells 
 us, that Du Guesclin eyed these Islands as la retraite 
 seure des Anglois (f), i. e. the sure retreat of the English. 
 Finding it therefore necessary to deprive them of that 
 retreat, he came suddenly to JERSEY, at the head of an 
 Army of ten thousand Men, wherein were the Duke of 
 Bourbon and the Flower of the French Chivalry, and 
 encamped before Mont-Orgueil-Castle. It does not appear 
 that the Inhabitants offered to dispute his Entrance into 
 the Island, which probably would have been in vain. 
 They put all their hopes under God in the Strength of 
 the Castle, and in the Courage of those brave Men who 
 were in it to defend it. Nothing was omitted on the part 
 of the Assailants that could be done, after the manner of 
 carrying on a Siege in those days. Some of the Out- walls 
 were thrown down by Sap, which did not affect the main 
 Body of the Place. At last it came to a Composition, 
 That they within should surrender, if not succour 'd before 
 Michcelmas-day next ensuing ; and the Constable should 
 break up his Camp, and depart. Such Compositions were 
 then pretty frequent, and continued so to be as long as there 
 
 (*) Liv, vi. .6. p. 242,243. 
 
 (f) Hist, de Bretagne. Liv. yii. Ch. XT. fol. 426 verso. 
 
 M
 
 51 HISTORY OF THE ISLAND. 
 
 was any good Faith left among Men, to speak im 
 the Words of Mezeray (*) ; and they seem to have 
 been introduced for saving the Honour of both Parties, 
 when alike tired and wearied with a Siege. The Constable 
 -being returned into Bretagne, soon after heard that an 
 English Fleet had appeared at Sea, coming to relieve the 
 Castle (f) ; And thus ended that Affair, and the Castle 
 remained untaken. This, I think, was the only Place 
 belonging to England, which, when all others that he at- 
 tack'd fell before him, baffled the Arms of that great and 
 fortunate Warrior^ 
 
 RICHARD II. Son of the Black Prince, had his Grand- 
 father's Crown and Wars devolved upon him together and 
 at once ; a burthen to which a Child who was but eleven 
 Years old must needs be very unequal. Edward justly 
 dreading the consequences of a Minority in such a Conjunc- 
 ture, would have renewed the Peace of Bretigny, and receded 
 from many of his Pretensions. But the French, elated with 
 their good fortune, stood aloof, and would only consent to a 
 short Suspension of Hostilities, which was already expired, 
 when Richard began his unhappy Reign. Unhappy indeed, 
 not only to the Kingdom, but moreover to himself. Under 
 it nevertheless all was quiet in these Islands, and the 
 French never went about to give us any trouble. Of which 
 unusual forbearance towards us the reason must be, as I 
 conceive, That having formed a Design to retaliate upon 
 England the Evil it had done them in Edward's Days (+), 
 and relying with great assurance on the vast and almost 
 incredible Preparations they had made for an Invasion and 
 
 (*) Cette sorte de Composition se pratiqua tant qu'il y cut quelque peti de 
 bonne foy. Elle portait toujours surseance iVAnncs, durant laquelle les 
 Assiegeantsayant pris des Oslages des Assieges levaient leur Camp, & leur 
 laissaient toute sorte de Liberte, hormis de recevoir des gents de guerre dans 
 leur place, et de la munir, ou de la fortifier. Abrege, au Regne de Charles 
 V. ad. an. 1372. 
 
 (f) Hist, de Bertr. du Guesclin. Liv. VI. . 6. pag. 244. 
 
 (t) S'ejpuissaient Chevaliers & Escuyers, quaud its partoyeut de leurs 
 Maisons pour aller avec le Roy de France en Angleterre ; & disoyent, or irons 
 nous sur les maudits Angloit, qui ont fait tant de inuux & de persecutions en 
 France. A ce coup en aurons nous Vengeance de noz peres, de noz freres, & 
 de uoz amis, qu'ils nous out mis a mort etdeconfits. Froissart,VoI. III. Ch.xli
 
 HISTORY OF THE ISLAND. 52 
 
 Conquest of that Kingdom (*), trusting withal to reap no 
 small advantage from the Factions and Divisions within it ; 
 it would have been absurd for them, and perfectly needless 
 (whilst they were so confident of carrying their Point) to 
 turn their Arms this way, since they very well knew that 
 the Fate of the said Kingdom would determine ours, and 
 that the gaining of it must of course throw us into their 
 Hands. And when that Design was laid aside, and the 
 two Crowns did agree upon a truce of eight and twenty 
 Years, which was strengthened by the Marriage of Richard 
 with Isabel, the French King's Daughter, their hands were 
 then likewise tied by that Convention from acting against 
 us. This Interval of calm and Tranquillity in these Islands, 
 whilst Richard reigned, came very seasonably to relieve us, 
 and give us time to breathe after our former Sufferings. 
 
 HENRY IV. not contented to have dethroned his Cousin 
 Richard, was prompted by his Guilty Fears to take away 
 that poor Prince's Life also, which inhuman act made him 
 deservedly odious both at home and abroad. At home, he 
 was perpetually haunted with Plots and Rebellions. From 
 abroad, he was defied and insulted (f), Being obliged for 
 his security to keep a Power at Sea, there followed a bloody 
 Engagement betwixt it and a Fleet under the Admiral of 
 Bretagne, wherein the English were worsted, lost forty 
 Ships, and had above two thousand Men Killed or take n 
 Prisoners. When by that Victory the Enemy had cleared 
 the Sea of the English, they fell upon these Islands ; and 
 though for want of being provided with things necessary 
 for a Siege, they could do nothing against the Castles, they 
 wrought all the Mischief and Damage they were able to the 
 Inhabitants (*). And this is all I find in this Reign that 
 particularly concerns us. 
 
 (*) Id. Vol. III. Ch. xxxv. & xxxvi. Gaguin. Lib. ix, in Carolo V. Meze- 
 ray AbregS ad an. 1386. 
 
 (t) The Duke of Orleans, who married the Queen-Relict, challenged him 
 in very reproachful terms ; and the Count De St. Paul, who had married 
 Richard's Sister, treated him no better. Ch. de Monatrelet, Vol I, Ch. ix. &. x. 
 
 (J;) D'Argentre", Liv. x. Ch. T,
 
 53 HISTORY OF THE ISLAND". 
 
 HENRY V. was no sooner on the Throne, but he laid 
 Claim anew to the Crown of France., which Claim, though 
 not expressly dropt, yet had lain dormant during the two 
 last Reigns. The War began in Normandy, which Henry 
 had mainly set his Heart upon, both as it was very desirable 
 for its own sake, and as it would open a way for him to 
 penetrate further into France. In reducing that part of the 
 Coiitantin near us, wherein are the Cities of Coutance and 
 Avranches, the Towns of Granville and Pont- Orson, and 
 the strong Place of Mont-Saint-Michel (*), these Islands 
 were of good Use and Service, as on other accounts, so 
 particularly in being a safe Station, in those short and 
 narrow Seas, for the English Shipping that attended upon 
 the Army on Land. The Duke of Clarence, Henry's 
 Brother, commanded that Army (f). 
 
 Now according to a received Tradition with us in JERSEY, 
 it was at this time that Mont- Or gueil- Castle, so often men- 
 tioned already, obtained the Name it now bears, being 
 before called Gouray- Castle (+), from the Village of Gouray 
 which lies hard by it. And the said Name of Mont- Or gueil 
 does so exactly suit and tally with the lofty Situation and 
 noble Appearance of the Castle, that he must have been well 
 acquainted with it, and have taken a good Observation of it, 
 who first gave it a Name of such Propriety and Significancy. 
 For it stands on a high rocky Promontory, joined to the 
 main Island by a low and narrow Isthmus, and proudly 
 overlooks, (I had almost said) threatens the neighbouring 
 Coast of Normandy. I took up too hastily () with the 
 common Opinion, which makes the King himself the Author 
 of that Name. Having found since that Henry came no 
 farther this way, nor nearer to us, than Caen, I rather now 
 
 (*) This last was not taken, as all the others" were. It is a stupendous 
 Structure, which I have beheld with Admiration. But there is uo room 
 here for a description of it. 
 
 (t) Chron. de Norm. Ch. Iviii. Masseville Hist. Somm. Part IV. Liv. xi 
 pag. 65. 
 
 (|) Or Gort. The late Sr. de Samarez observes that he had read in some 
 ancient Writings Castellum Gurrit, 
 
 () In the former Edition.
 
 HISTORY OF THE ISLAND; 54 
 
 incline to ascribe the same to the Duke of Clarence, who> 
 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<e. 
 Quinta ad Litlus perjecta homines (jpr&tcr ununt) servat incolvmes, lieliqui omncs 
 absorpti. Insulani diripuerunt earum ficus, vim, merces,S$ bona. Nee potuerunt 
 JMonitoriis, etiam 8$ Anathematibus, res recuperare. Factum tandem, nltione 
 Divind, ut Insula arena sive sabulo, quod erat ea parte ab Occidente in medio 
 mnris, ventis perjlata fuerit, 8; universam illam agrnrum fcccunditatem vastaverit. 
 Nunc Canvetos vacant. Es MSS. Philippi de Cartcret, Eq. aur. Dom. dc S. 
 .Audoeno, Sjc. 
 
 S
 
 f)9 DESCRIPTION OF TH.E ISLAND. 
 
 Strangers that had been shipwrackt on that Coast, though 
 injoined by the highest Censures of the Church to restore 
 them. There must be from time to time such publick 
 Examples of Divine Justice among Men, that the Inhabi- 
 tants of the Earth may learn Righteousness. And yet I 
 confess, it might be also the Effect of a Cause not preterna- 
 tural. I mean, of those high Westerly Winds that blow 
 here at almost all Seasons of the Year, and on this side of 
 the Island are daily seen to drive the Sands from the bottom 
 to the top of the highest Cliffs (70). 
 
 The Island produces all kinds of Forest and Fruit- Trees, 
 Shrubs, Roots, Flowers, and Herbs (whether medicinal (*), 
 aromatic, or esculent) all kinds of Pulse and Corn, as do 
 grow in England, the Wheat of a smaller Size. One sort 
 f Wheat we have, unknown (if I mistake not) in England, 
 called in the Language of the Country Froment trimais, 
 [Frumentum trimestre] because it is but three Months in 
 the Earth, being sown about the latter end of March, and 
 all April long. Since the great increase of Cider, and the 
 Inclination of the People to that Liquor preferably to Beer, so 
 little Malt is made in the Island, that it would 'scarce be 
 worth while to sow any Barley at all, were it not converted to 
 Bread (f). Of itself Barley makes but a coarse Bread, yet 
 wholesome and nourishing, and that is the Bread of Servants 
 and meaner People with us. But a due mixture of Wheat 
 corrects that Coarseness, and such Bread is eaten by many of 
 the better Sort, who at the same time are not without good 
 Wheaten Bread in their Houses (71). 
 
 When Dr. Heylin came into this Island, he found the 
 People more addicted to Tillage and Husbandry, than to 
 Manufactures and Navigation ; and accordingly in his 
 
 () Mr. Vo\n^Aetre pleasantly remarks that tins Island might in old Times, 
 like some Places in Greece, hare been consecrated to jEscnlapius,ybr the Quantity 
 and Goodness of the Medicinal Simples growing in it. 
 
 (t) Even in the fertile Land of Canaan Barley -bread was in common use, 2 
 Kings iv. 42 and seems to have been That which the Blessed Jesus and his Apos- 
 tles had for their ordinary Food, as may be gathered from the Miracle of the Fire 
 Barley- Loares,Jo\\n vi 9. on which Grutius makes this Observation, Significatur 
 frugalitas Christ i & Apostolorum, qui pane uon nisi vili vescebautur. Anuot 
 in I >'
 
 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 
 <he JName of Boschet ; both answering to the Udromeliand 
 Melicraton, of the Ancients. For then the Island abounded 
 with large and numerous Apiaries, which thrived exceed- 
 ingly, but have not been so much minded since the increase 
 of Cider. Yet to this Day JEiisEY-honey will scarce admit 
 of a Comparison, and in the Island itself bears more than 
 quadruply the Price of what comes to us from Normandy or 
 Bretagne. 
 
 Could Men be satisfied with the common Drink of 
 Nature, Water I mean, no People in the World are better 
 supplied with that than we. It is, in my opinion, the great 
 Wonder of this Island, that whereas 'tis but as it were a 
 great Rock in the midst of the Salt- Sea, it abounds, perhaps 
 beyond any other Country under Heaven, with fresh and 
 excellent Springs, which gush out of the stony Strata, and 
 bubble up every where, running in a thousand pretty Streams 
 along the Dales, till they lose themselves in the great recep- 
 tacle of Waters, the Ocean (86). On higher Grounds, 
 where Wells must be sunk, we seldom need go deeper than 
 six or seven Fathoms, e're we meet with most pure and 
 sweet Water. 
 
 Nor do we want Water for Physick, any more than for 
 common Use. Some years ago, there was discovered in St. 
 Mary's Parish (87), a Spring strongly impregnated with a 
 Purging Mineral ; to which, in proper Cases, our Sick may 
 have recourse, instead of going as heretofore to Dinan in 
 (*) Hence the Word Euvittoflfi, formerly used to signify intoxicated.
 
 DESCRIPTION OP THE ISLAND.' F03 
 
 Bretagne, to their no small Trouble and Expence, besides* 
 that the way thither was often shut up by a War. The 
 Approbation given to this Water by Dr. Charlelon, a learned 
 English Phj'sician, then sojourning with us, helped to put 
 it into credit. 
 
 Though we are not- so great Flesh-eaters as in England, 
 our Shamble on a Market-day is well provided with good 
 and wholsome Meat ; Beef, Mutton, Lamb, c. whose sweet 
 and tender Flesh makes many prefer it to what is elsewhere 
 both larger and fatter (88). This must be owing to the- 
 Shortness of our Grass, and its not having the Rankness of 
 richer and deeper Pastures. Hence also the peculiar good- 
 ness of our Butter. 
 
 It appears from Mr. Camden, that in his time this Island 
 was noted for bearing Sheep with Four Horns (*). But 
 his information in this Matter seems not to have been 
 altogether exact. For the Ewes indeed had no more than 
 four, but the Rams had six, viz. three on each Side, one bend- 
 ing forwards in a Semicircle towards the Nose, another back- 
 wards towards the Neck, and the third standing up erect in 
 the midst of the other two. These are no longer, or very 
 rarely, seen. Being of the smallest kind, consequently not 
 so profitable to the Owners, it put our People upon intro- 
 ducing a larger Breed from England, which with time, and 
 change of Pasture, are sunk again into a less size (89). 
 
 Horses we have not many good for the- Saddle, but enough 
 for the Cart and Plough, strong the*-' small, less subject to 
 Distempers, and that will bear more fatigue, and fare harder 
 without inconvenience, than English Horses. I have 
 seldom seen any foundered and lame, so that there is but 
 little Business here for Farriers (90). 
 
 Our constant Game is only the Hare and Rabbit (91). 
 There are neither Bucks, Stags, Wolves, nor Foxes, in this 
 Island ; which require more spacious Countries to range in. 
 Of fowl we have plenty of all Sorts, whether Barn-fowl, Wild- 
 fowl, or Sea-fowl ; among the latter the famous Soland Geese, 
 
 (*) Ore* habet multus, $ ex eis plttrimas quatuar cornibus eonspicuas. De 
 Insul. Britan. p. 804.
 
 109 DESCRIPTION OF THE ISLAND. 
 
 called here Jlcrnaclcs, which come only in very cold Weather. 
 That those Fowls are bred of a rotten Plank or Rib of a 
 Ship, which has been long floating in the Sea, and imbibing 
 its Salts, is the vulgar Opinion here. Many will tell you 
 they have seen them yet sticking to the Wood ; some no 
 bigger than Mushrooms, and almost of that Shape ; some 
 a little more brought into form ; others perfectly fledged, 
 and just ready to fly. The new Philosophy which explodes, 
 Equivocal Generations, and teaches that the smallest Insect 
 derives it being from a Parent Male and Female, has not 
 yet made its way amongst us. And indeed is there a Place 
 in the World, where the most do not still believe that in- 
 numerable Creatures proceed from Corruption (92) ? 
 
 The JERSEY-Partridge (*), with Pheasant's Eyes, red 
 Legs, and Feathers of various Colours, is one of the 
 beautifullest Birds in Nature, and has been often sent alive 
 to Persons of Quality in England as a great Rarity ; but 
 the Flesh is not much better than of the common grey 
 Partridge. The many Hedges breed and afford Shelter to 
 an infinite Number of small Birds, who chirp it merrily all 
 Spring and Summer long, and delight the Traveller with 
 their pretty Melody. But the Husbandman pays dear for 
 that Musick, for they are very destructive to his Corn and 
 Fruit. 
 
 It were strange if an Island so situated, near a Continent 
 and amidst Rocks and Shelves, should not be well supplied 
 with Fish, such Places being where they most delight to 
 haunt. And better supplied it would yet be, did our People 
 follow the Fishing Trade as much as in Guernezey, where 
 every Day of the Week Boats come in laden with fresh 
 Provision from the Sea. It will be sufficient to mention a 
 few of each Species. I. For Shell and Rock-Fish, besides 
 Oysters, Lobsters (f ), Crabs, and numberless more of that 
 Tribe, we have the Qrmer, a Fish known (I think) only 
 hereabouts. Ormer (says Mr. Poingdestre} is a Contraction 
 
 (*) I do not mean, by calling it so, to appropriate it to ourselves. ^Tis common 
 enough in Southern Countries. 
 
 (f) Good part of the Lobsters eaten in London come from these Islands, Boats 
 going and coming continually for that purpose.
 
 DESCRIPTION OF THE ISLAND. 
 
 of Oreille de mer [Auris marina] a Name given to it because 
 of its form, resembling the Ear of a Man, but twice as big. 
 The Fish within the Shell is a solid Lump of white Pulp, 
 very delicious, and coming nearest in Taste to the Flesh of 
 Land-animals. The Shell in the inside is of the Colour and 
 Brightness of Mother of Pearl, and has been used instead 
 of it for inlaid Works. It has no Under-shell like the 
 Oyster, but the Fish clings to the Rock with its back, and 
 the Shell covers the Belly. 'Tis found only at Low-water 
 Marks, in great Spring-Tides. 2. For Flat Fish, we have 
 an infinite store of Rays, some with prickles, and those are 
 the Thornbacks, others without them, large Turbots, Soles, 
 Plaise, etc. all these in abundance. 3. For Scale-Fish, we 
 have still a greater Variety. In the Spring, Base come by 
 Shoals so near the Shore, that Cart-Loads have been taken 
 at a Draught. But the most esteemed is the Mullet, both 
 red and grey, and another we call Bar, a dainty Fish, often 
 two foot long. The commonest and to be had at all times 
 is the Vrac, a Sort of Sea-Carp. 4. For Rough-coated 
 Fish, such as go amongst us by the Names of Haus, Rousses, 
 &c. as they are coarsest, so are they the cheapest of all 
 Fish, therefore bought by the meaner sort of People. But 
 the Sea about this and adjoining Islands might be stiled 
 the Kingdom of Congers, so great is the Quantity taken and 
 brought to Market at all Seasons, some weighing from 
 thirty to forty Pounds. Otho de Grandison, Lord (or 
 Governor) of these Islands in the Reigns of Edward I and 
 II, forced an Impost upon Congers salted for Transpor- 
 tation ; and it amounted to four hundred Livre Tournois 
 by the Year, at only one Penny Tournois for every Conger 
 above ten Pounds Weight so salted and transported (*) (93). 
 My Design is not to give a complete Natural History of 
 the Island. I might else take a Notice of diverse more, re- 
 markable for some peculiarity or other ; as the Sirene, or 
 Mermaid, so called from its having Teats like a woman ; the 
 Gronnard, to which our Fishermen have given that Name 
 
 (*) This was an illegal Act of an arbitrary Governor, for ukich his Widoic 
 suffered severely in Edward the II Id's time.
 
 JYf DESCRIPTION OP THE ISLAND/ 
 
 by reason of the grunting Noise it makes, when it finds itself 
 in tangled in the Net. It is of a perfect blood-colour, with 
 the Head almost as big as the rest of the Body. But I must 
 not omit the Lancon (as much as to say a little Lance, 
 because 'tis somewhat like one) which has this Property, 
 that 'tis "never found in the water, but in some moving 
 Sand-bank left dry by the Sea at Low -ebb, and there it 
 hides and buries itself pretty deeps till the Sand being 
 stirred with an Iron-hook, it leaps up, and is taken by hand- 
 fulls. It was formerly a great Pastime with young People of 
 both Sexes, in the warm Nights of July and August, to go a 
 catching this Fish, which they called oiler au Lancon. For 
 the Night is best for that Sport, and the Fish glisters on the 
 Sand. It might be prepared as an Anchove, but is usually 
 eaten fresh, and when not kept too long, and well dressed is a 
 very good Dish. We always thought it singular to this Place-, 
 but Mr. Ray tells us, that they have it also in Cornwall, 
 where they call it a Sand-eel (*). 
 
 The Sea being so bountiful to us, we may the better be 
 without Fresh-water Fish, of which (for want of great 
 Rivers) we have only the Carp and the Eel, found plentifully 
 in Gentlemen's Viviers or Fish-ponds, especially in the fine 
 Canal Samarez. Beyond all, there is a large Pond in the 
 West of the Island, taking up in compass about twenty Acres 
 of Ground, and belonging to the Seigneur de St. Oucn, 
 where grows a Carp of such unusual bigness, and of so excel- 
 lent a taste, that 'tis hardly to be equall'd in Europe. Some 
 have been brought into England that were three foot four 
 inches long (94). 
 
 The only blemish and disgrace of the Island (as 'tis by 
 some accounted) is the great multitude of Toads which swarra 
 in it, and are chiefly seen in Summer and moist Weather. 
 It must be owned they are no very agreeable Sight, though 
 many of them have their Skins finely speckled and varie- 
 gated 'Tis commonly said, Poisonous as a Toad ; but 
 where that Poison lurks, or in what .manner it operates, we 
 are yet to find. They neither bite, nor sting. They lye in 
 (*) Wisdom of God in (he Works of the Creation. Part. I. pag. 140.
 
 OF THE ISLAND. -112 
 
 onr sweet Water, and among our best Fruit when it falls on 
 the Ground ; and 'tis not known that ever any Man received 
 any injury from their doing so. The notion our People have 
 of them, is, that they draw out what is noxious and impure 
 in the Elements, and thereby contribute to health ; and this 
 they pretend to prove by the contrary example of Guernezey, 
 which will not suffer a Toad to live in it, and yet is thought 
 not so healthy as JERSEY. However that be, these and 
 others such unsightly Creatures, found both on the Land and 
 in the Waters, seem wisely contrived and designed by the 
 Almighty Creator, as foils to set off the Beauty of his other 
 Works. As likewise we are more Southerly, and conse- 
 quently warmer than England, so in proportion we have 
 more of the Serpentine Kind ; but the Heat not being intense 
 enough to exalt their Venom to any dangerous degree, we find 
 them as harmless as the Toads. They hurt only such other 
 Creatures as Providence has allotted for their Food. And 
 as for those pretty green Lizards, which in a hot Summer's 
 day are seen basking in the Sun, looking earnestly and as it 
 were \vith pleasure upon a Man as he passes by, scarce flying 
 unless they apprehend themselves to be pursued, they are an 
 Ornament rather than a Deformity to the Island. We 
 receive the greatest annoyance from Moles, which abound 
 with us, to the vast detriment of Corn and Grass, but doubt- 
 less to the Benefit and Melioration of Fruit-Trees, by 
 perforating the Ground, and giving the rain a freer passage 
 to the Roots. 'Tis those great Banks of Earth, raised here 
 for Fences, that afford to all these Creatures their proper 
 latibula, and that increase their Breed. Were the Country 
 as open as in other Places, we should have fewer of them (95) 
 The Island is (praised be God) generally healthy. And 
 naturally it must be so, considering the height and declivity 
 of the Land, and (in consequence of that) the rapidity of 
 the Streams, together with those Fresh Breezes which blow 
 almost continually from the Sea ; the Unsalubrity of any 
 Country arising chiefly from a low Ground, and a stagnating 
 Air and Water. Hence Men have sound and robust Bodies, 
 and live to a good Age, if by excesses of one sort or other
 
 113 , DESCRIPTION OF THE ISLAND. 
 
 they do not impair their Healths, and shorten their Days. 
 There are Places by nature so sickly, that the Inhabitants 
 cannot help sucking in poisonous Miasms with the Air they 
 breathe ; but most unexcusable are those Men, who by 
 irregular Living bring Diseases upon themselves, which are 
 not of the growth (as I may say) of their Country. I know 
 none such here, unless it be an Ague in September, after the 
 Toil and Labour of Harvest ; to which therefore I would 
 rather ascribe the same, than to any intemperature in the 
 Heavens (96). Mr. Camden slightly mentions it ; then 
 adds, that there was no business here for Physicians (*). 
 'Tis not so now, since the coming of the Gouts and other 
 Distempers unknown to our more sober and virtuous Ances- 
 tors. 
 
 The Cold here in Winter is not so great as in other Parts 
 under the same Latitude. But we are very subject to high 
 winds, which blow mostly from the west, and against which 
 we have no nearer shelter than the great continent of North- 
 America, the next Land to us on that Side. 
 
 That vast and amazing chain of Rocks that invirons the 
 Island, some above, others under water, some nearer, others 
 further off, and the many strong Tides and Currents that run 
 among those Rocks, all these render the access to us very 
 difficult and full of hazard, except to such as are well ac- 
 quainted with the Coast. That many of those Rocks were 
 once firm Ground, which the force of the Sea has torn from 
 the Shore, washing off the softer and looser Earth, and 
 leaving only what it could not dissolve, is more than barely 
 probable. For thus we are well assured, that four hundred 
 Years ago, part of the great Bay of St. Ouen was a rich 
 Vale, which the Sea has swallowed up. Not only ancient 
 Records speak of a People inhabiting that Tract, but to 
 this day at Low-water great Stumps of Oaks shew them- 
 selves in the Sand, with evident Marks of buildings among 
 the Rocks (97). Thus also the Islet whereon Elizabeth- 
 Castle stands, was joined to the Main- Land when St. Ma- 
 
 (*) Medicis hlc nulhu locus. De Tnsul. Brit an.
 
 DESCRIPTION OF THE ISLAND. 114 
 
 gloire came hither about the Year 565 (*) (98), and I have 
 reason to believe, so continued some hundred Years after. 
 
 As for the Tides about this and the other Islands, 
 " They are (says Mr. de Samarez,} very extraordinary, and 
 " differ from the rest in the Channel. They receive their 
 " Motion at the Mouth of the said Channel, and take 
 " different impressions from the several Heads of Lands, 
 " and Ledges of Rocks, along and thro' which they pass. 
 " They tend East-South-East to the Bay of Mont-Saint- 
 " Michel, by reason of its flatness. In that bay the Sea 
 " flows and ebbs ordinarily from fifteen to twenty Miles, 
 " and fills it in the space of two Hours. When 'tis full, 
 " the Motion of the Tides is checkt, and they are conveyed 
 " Northwards along the Coast of Normandy, and so in 
 " twelve Hours quite round the Islands. The Currents 
 " succeed so one another, that there is no Still-Water here, 
 " as in the Channel at Low-ebb. 
 
 The Island is divided into Twelve Parishes, so laid out 
 that all have Cummunication more or less with the Sea. 
 St. Saviour has the least. This seems to have been done 
 for the sake of the Perquages, those Sanctuaries to Crimi- 
 nals described above. The Parishes are again subdivided 
 into Vintaines, so called from the Number of Twenty 
 Houses which each such Subdivision is supposed to have 
 anciently contained, as in England Ten Houses made a 
 Tything. Though the name remains, some Vintaines have 
 now more than three or four times the Original Number, and 
 in that respect, though not in extent of Ground, exceed 
 many Parishes in other Countries. In St. Often they are 
 called Cueillettes, I know not for what reason. 
 
 This Scheme exhibits all the Parishes with their Subdi- 
 visions. 
 
 I. St. Ouen, six Cueillettes, viz. 
 de Vincheles. des Grontes. 
 
 des Milles. Grande Cueillette. 
 
 de Leoville. Petite Cueillette. 
 
 (*) Set the Chapter of Religion.
 
 DESCRIPTION OF THE ISLAND. 
 
 II. St. Peter, six F'intaines, viz. 
 des Angueres. de St. Nicholas, 
 
 du Coin Varin. de la Valise, 
 
 du Douet. Grande Vintaine. 
 
 III. St. Brelade, four Vintaines, viz. 
 des Quenves. du Coin, 
 
 de la Moye. de Noirmont. 
 
 IV. St. Mary, two Vintaines, viz. 
 du Nord. du Sud. 
 
 V. St. Lawrence, four Vintaines, viz. 
 du Coin Motier. du Coin es Hastains. 
 
 du Coin Tourgis. de la Valise. 
 
 VI. St. John, three Vintaines, viz. 
 du Nord. de Herupe. 
 
 du Doet. 
 
 VII. Trinity, five Vintaines, viz. 
 de la Ville 1'Evesque. des Augre"s. 
 du Rondin. de la Croizerie. 
 
 <le RoseL 
 
 VIII. -St. Helier, r fo\n Vintaines, viz. 
 du Mont & 1'Abbe 1 . da Mont Cochoa. 
 
 du Mont au Pretre. de la Ville. 
 
 IX. St. Saviour, six Vintaines, viz. 
 de Maufant. de sous FEglise. 
 
 de sous la Hougne. de la grande Longueville . 
 
 des Pigneaux. de la petite Longueville. 
 
 X. St. Martin, five Vintaines, vrz. 
 de Rosel, du Fief du Roy. 
 de la Queruee. de Faldoit. 
 
 de sous 1'Eglise. 
 
 XI. Grouville, four Vintaines, viz. 
 de la Rue. de Longueville. 
 des Marais. de la Roque. 
 
 XII. St. Clement, three Vintaines, viz. 
 du Mont-Roquier. Grande Vintaine. 
 
 de Samaras. 
 
 Cueillettes and Vintaines in all fifty two (99).
 
 DESCRIPTION OF TEIE ISLAND.' 
 
 St. Heller is the Head- Town of the whole Island, and 
 the next to it is St. Aubin, which last gives name to the 
 Bay wherein they are both seated, three Miles asunder. 
 It is a Bay of fine white Sand, firm and level, which makes" 
 travelling smooth and pleasant from one Town* to the other. 
 The Situation of St. Helier is both commodious and 
 delightful. On' the South-West it has 'the Sea, with a full 
 view of Elizabeth-Castle, and of the Road for Ships. Al> 
 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 Angli<B, ex quacunque 
 causa manifestatis de gratia nostru special!, ac ex certa scientia & mero 
 motu nostris, dedimus & concessimus, ac per prsesentes pro Nobis, Hsere- 
 dibns, & succcssoribus nostris, damns et conccdi aius eisdem Ballico & Juratis 
 Insulae nostrac de JERSEY, et caeteris Incolis et Habitatoribus infra Insulam 
 illam, plenam potcstatem & auctoritatem, eo quod de ccetero in perpetuum 
 )iceat& licebit eis habere, uti,et portareseu portari causare, coram Ballivo 
 ejusdem lusulze nostrse de JERSEY, pro tempoi'e existenti, unam Claveam 
 auream vel argenteam, communiter vocatam a Mace, iusigniis armorum 
 nostrorum, Ha^redum & Successorum nostrorum, supcrinde insculptam & 
 ornatam, in & per totam illam Insulam nostram de JERSEY, libertates, & 
 prsecinctas ejusdem, ad libitum hujusmodi Bullivi Insulae illius, pro tempore 
 existentis, quando & quoties occasio requiret. Et ultimo vohimus &c. 
 Teste meipso apud IVestmonasterium, decimo die Octobris, anno Regni nostri 
 decimo quarto. Per breve de privato Sigillo Howard. 
 
 NUMBER III. 
 
 Letters Patent of King James I, forbidding the Governor 
 to intermeddle in the Nomination of the Bailly, &c. 
 
 JAMES by the Grace of God, King of England, Scotland, France, and Ire- 
 land, Defender of the Faith, &c. To all to whom these Presents shall come, 
 greeting. Whereas a Controversy has been long depending before us and 
 our Counsaile, betwixt Sir John Peyton Kt. Captain of our Isle of JERSEY, 
 and John Herault, of St. Saviour, Esq ; concerning the Right of Nomination to 
 the Office of Bailiffe of the said Isle, claimed by the said Sir John Peyton 
 by virtue of the Letters Patent whereby he holdeth his Office of Captain of 
 the same Island, but the said Office of Bailiffe granted by special Letters 
 
 (*) An Imitation of Virgil, .1 ncil. I. Haud equidcm tali me dignor honore
 
 225 APPENDIX. 
 
 Patents from Us unto the said John Herault , and also touching the Wage* 
 appertaining unto the said Office of Bailiff* ; Forasmuch as the Power and 
 Authority to nominate, and appoint, or constitute a Magistrate, or public Offi- 
 cer of Justice, is one of the essential and principal Marks of our Supreme 
 Power and Authority, and an Act merely regal, and altogether inseparable 
 from our Royal Person, and that contrary to our Royal Intent and Meaning, 
 the same hath been inserted into the said Sir John Peyton's Letter's Patents, 
 in prejudice of the common Right and Privilege of that Island, and the 
 special Laws, and Statutes, and Ordinances made for the good Government 
 of the same : We therefore, according to the Report of our Right trusty and 
 well beloved Counsellors, the Lord Zouck, and Sir Ralph IVinwood Kt. our 
 principal Secretary, formerly appointed to hear and examine the said Cause, 
 have ordained and commanded, and by these Presents for Us, our Heirs, aud 
 Successors, We do ordain and command,that the said John Herault be put in 
 the present and peaceable possession of the said Office of Bailiffe, according 
 to the purport and meaning of our said Letters Patents, without any distur- 
 bance or hinderance to be by the said Sir John Peyton, or any other of the 
 paid Island, or any other Captain or Governor that shall hereafter succeed 
 in that Place, or under any other pretence or colour whatsoever, or by any 
 other Person or Persons whatsoever. And forasmuch as We alwaies in- 
 tended that a competent and reasonable Pensiou should be yearly allowed 
 unto our said Bailiffe, out of the Revenues of the said Isle, We therefore 
 according to the said Report have ordered, adjudged, and commanded, and 
 by these Presents for Us, our Heirs, and Successors, do order, adjudge, and 
 command, that the Sum of one hundred Marker, of lawful Money of England, 
 shall be yearly paid by our Receiver there, out of our Revenues and Posses- 
 sions in the same Island, unto the said John Herault, for and during his Life, 
 for his Wages of Bailiffe, over and above all Profits and Emoluments there- 
 unto belonging, the said Sum of a hundred Markos to be paid to the said 
 John Herault yearly, during his Life, by equal Portions, at the four Terms of 
 the Year accustomed, the first payment to begin from the 25tb day of April, 
 1614, to which Allowance and Fee of a Hundred Markes by the year the 
 said Sir John Peyton hath submitted himself. And to the end that hereafter 
 all difficulties concerning the Nomination, Institution, and Appointment of 
 the Officers aforesaid may be taken away, We, by the advice and mature 
 deliberation of our Counsel!, have commanded and ordered, and by these 
 Presents for Us, our Heirs, and Successors, do command and order, that 
 henceforth no Bailiffe, Deane, Vicomte, Procurer, Advocate to Us, shall be 
 made and appointed, but immediately by Letters Patent under our Great 
 Seal, in the Name and by the Authority of Us, our Heirs, and Successors, 
 Kings of this Realm of England, and Dukes of Normandy, alid not otherwise. 
 And we do likewise command and enjoyne, and by these Presents do 
 straightly command and enjoyne the said Sir John Peyton, and all other Cap- 
 tains or Governors of the said Island, present and to come, never hereatter 
 to attempt or intermeddle in any wise in the Nomination, Institution, and 
 Appointment of the said Offices of Bailiffe, Deane, Viscount, our Attorney, or 
 Advocate, or any other Public Officer of Justice within the said Isle, or in 
 any wise to infringe or violate, either the Priviledge granted to the Inhabi-
 
 APPENDIX. 226 
 
 tants thereof by the most excellent Prince of famous Memory King Henry the 
 Seventh, or the Statutes and Ordinances made by the same King for the 
 good aud peaceable Government of the same Island, upon painc to incur 
 our indignation, and further Punishment at our Pleasure. And to the end 
 that this Act be duely put in execution, We do further command that the 
 same be entered as well into the Register of Coansell-Causes,as in the Royal 
 Court there, and to give notice from time to time unto Us and our Privy- 
 Counsell of the Contraventions attempted in prejudice of the same. For such 
 is our Pleasure. In witness whereof We have caused these our Letters to 
 be made Patent. Witness ourselves at Westminster the 9th day of August in 
 the thirteenth year of our Reign of England, France, and Ireland, and of 
 Scotland the nine and fortieth. 
 
 NUMBER IV. 
 
 A Grant of K. Henry V. to his Brother the Duke of 
 
 Bedford, of the Government and Regalities of all 
 
 the Islands. 
 
 An. 3. H.5. 
 
 REX omnibus ad quos &c. Salutem. Sciatis quod de gratia nostr.l 
 special!, concessimus charissimo fratri nostro Johanni Duel Bedford, in 
 incrementum status sui, Insulas de JERSEY, Guernsey, Sarq, & Aureney, uni 
 cum Castris, Dominiis, Terris, Tenementis, Redditibus, Servitiis, Feodis 
 Militum, Advocationibus Abbatiarum, Prioratuum, Hospitalium, Eccle- 
 siarum, Capellarum, Cantariarum, & aliorum Beneficiorum Ecclesiasticorum 
 quoruucunque, Piscariis, Forestis, Boscis, Parcis, Chaceis, Warrenis, Officiis, 
 Eschaetis.ForisfacturiSjCatallis Fugitivorum & Felonum, Pratis, Pascuis,Pas- 
 turis, Moriscis,Wrecco-Maris, Deodaudis, Prioratibus Alienigenarum (233), 
 Regalitatibus, Franchises, Libertatibus, Re version ibus, et aliis Juribus, 
 Possessionibus, & Commoditatibus quibuscunque, Nobis et Haeredibus uos- 
 tris aliqualiter pertinentibus sive spectantibus infra Insulas praedictas ; 
 Habend. eidem Duci, &. hseredibusmasculis decorpore suo procreatis, adeo 
 liber & integre sicut Edwardus nuper Dux Eborum (*), vel aliqnis alius ea 
 habuit, sive occupare solebat temporibus retroactis, & sicut Noseahabere 
 deberemussi ea in manibus nostris remanere deberent, absque aliquo Nobis, 
 vel Hseredibus nostris, inde reddendo, aliqua. Prerogativa Regi& pro aliqua 
 laiqua Teuura de nubis extra dictas Insulas tenta, quae ad dictas Insulas, 
 Castra, sive Domiuia, aliqualiter pertinere poterit, non obstante ; Eo quod 
 de valor e dictarum Insnlarum, Castrornm, Dominiorum, & aliarum rerum 
 supradictarum, sive de aliis Concessionibus per charissimum Dominum&. 
 Patrem nostrum Regem defunctum, sive per Nos, eidem JoAanwiconcessis, hie 
 expressa inentio factanon existit,secundum formam & effectum Statuti,inde 
 edit. Sive aliquibus aliis Statutis, sive Ordinationibus quibuscunque in 
 contrarium factis non obstantibus. Incujus&c. Teste Rege apud Westmo- 
 nasterium, vicesimo septimo die Novembris. Per breve de privato Sigillo. 
 
 (*) Son of Edmund Duke of York, who was the fifth Son of K. Edward 
 III. He was slain at the Battle of Azincourt in 1415, whereupon the Duke 
 of Bedford succeeded him. 
 
 I 2
 
 227 APPENDIX. 
 
 NUMBER V. 
 
 The Oath tendered in the Royal Court to the Governor 
 at his Admission (234). 
 
 Puis qn'il a plft 3 Dieu vous appeller & la Charge de Gonvernenr des 
 Chateaux & Isle de JERSEY, vous jures & proinetts icy en la presence de 
 Dieu, que fidellement vous excerceres ladite Charge, sous n6tre Souverain 
 Sire George deuxieme, par la Grace de Dieu Roy de la Grande Bretagne, France 
 & Irlande, & des Dominions qui en dependent, renoncant d toutes autres 
 superiorites foraines & e'trangeres, & gardere's ses droicts. Vous assisteres 
 & defendre's toutes jurisdictions, privileges, preeminences, & autoritcs appar- 
 tenantes a sadite Majeste ; & avec tout votre sens & pouvoir gardere's & 
 feres garder ladite Isle & Chateaux contre les incursions & surprises des 
 EnnemU ; Comme aussi foutes libertez, droicts, dignitez, loix, Coutumes,& 
 privileges de ladite Isle & Chateaux, avec le bien public' & avancemens 
 d'icelle. Item, vous pretere's votre force a la Justice de sa Majeste', ace 
 qu'elle soit reve>ee & 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- 
 <lum teuorem coutinentiam earundem, debitum, effect urn exeoutionem 
 nbique locorum sortiri vohunus mandamus, ac prefatis genti coramunitati 
 Insularum no&trarum predictarum, heredibqs successoribus suis, tenore 
 Presentium ratificamus concedimus, ac corroboramus, in omnibus & per 
 omnia, prout Apostolice Littere predicte favorabiliter testantur. Et Nos 
 ulterius memorie nostre reducentes,quam, fideliter constanter dicte gens 
 commuaitas dictarumnostrarum de JERESEY, Guernesey Aureney Insula- 
 rum Constantiensis Dioceseos, Nobis Progeuitoribus nostris, bonam fidcm 
 legeantiam jure subjectionis prestiterunt, quanta discrimina, pericula, 
 perdita,pro salvatione nostrarum Insularum predictarum, fidelitate tenen- 
 da quam Nobis nostre Corone Anglie debere tenentur, sustinuerunt, de 
 gratia nostra exuberante voluinus largimur eisdem Genti Communitati, 
 heredibus Successoribus suis, liberam potestatem facultatem, tarn has 
 Litteras supradictas Apostolicas, quam istas nostras licentiam, acceptationem, 
 concessioner!!, per omnia singula Ci vitates Oppida, sive Universitates, 
 communitates, castra, villas, terras r loca alia quecunque, ultra vel citra 
 mare existentia, Patriarchis, Archiepiscopis, Episcopis,aliis cujusvis gene- 
 ris Prelatis, necnon Regibus, Rcginis, Ducibus, Marchionibus, Comitibus, 
 aliis alterius dignitatis aut nominis cujuscunque Presidentibus, guerrarum 
 vel inimicitiaruiu, necnon treugarum seu pacis aut tempore quocunque, pu- 
 blicaudi, intimandi, notificandi ac ad notitiam eorundem omnium singulerum 
 predictorum deducendi, necnon insuper earundem Litterarum Apostolicarum, 
 licentieque, acceptations, concessionis nostrarum, debitum effectum 
 cxccutionem ubique lucorum implorandi, sollicitandi obtinendique conse- 
 quendi. Proviso semper quod incole habitatores predictarum nostrarum 
 lusularum, iu publications, intimatione, uotiiicatiouc Litterarum Apostolica-
 
 APPENDIX. 240 
 
 mm profalarum, sive cxeculiono, carundem, pacis sivc guerre, aut aliocun- 
 que tempore habita & facta nichil attemptent, seu altemptct eorurn aliquis, 
 faciant aut facial aliqnalitcr attemptari, contra honorem nostrum, cujus occa- 
 sioue seu pretextu Domiuio nostru, aut nostre Corone Anglic, sivejuri sub- 
 jectionis vel Regalie quam jure hereditario in Insulis nostris antedictis 
 habemus & possidemus, aliquod prejudicium generetur ; Volentes insiipcr 
 incolas et habitatores subditos nostros dictarum nostrarum Insularum, 
 eadem lege & provisioiic teneri & obligari, ut si ijuando continent Predones, 
 Piratas, Raptorcs hostiles, Cursarios bellieosos, Latrunculos, Presumptores, 
 ant Malefactores, dictas nostras Insulas, sive incolas, bona, res, vel posses- 
 siones eorundem, matiu, armata vel aliter, invadere, detinere, arrestare, 
 vexare, rapcre, depredare, aut per violentiam aliquam iujuste asportare, tune 
 prefati iiostrariun predictarum, Insularum habitatores & incole teneantur & 
 debeant arma sumere, ac jus & Dominium nostrum cum omui eorum potes- 
 tate & porseverantia tueri et defendere ; Proviso etiam ut si quando homines 
 cujuscunque N.itionis extranee, dignitatis, status, conditionis, aut rominis 
 fuerint, pacis, treuge, sive guerre, aut alio quocunque tempore, Piratarum 
 seu more Predonum, mercatorumve sub specie, inermes vel cum armis, aut 
 alio velamine seu colore quocunque, ad has nostras supradictas Insulas 
 venire, & sua navigia in littore earundem applicare,seu portum illic appetere 
 censoantur, eo modo et taliter quod per aliquam possibilem probabilem 
 verationcm, sive verisimilem conjecturam, numero hominum, aut potentia 
 armorum, dolo vel insidiis, contra habitatores et incolas nostros subditos in 
 Insulis predictis possunt prevalere, ac eosdein habitatores, in prejudicium 
 Juris & Dominii nostri, ac lesionem eoruudein, expugnare & comprimere, 
 tune habitatores & incole nostri subditi supradicti teneantur & sint astricti 
 arma movere, tela & habilimenta guerre assumere, ac introitum homiuum 
 quorumcuuque sic ut premittitur venientium in nostras Insulas antedictas, & 
 applicationem eorundem, viribus suis et armis quibus possint impedire et 
 resistere, Jusque, Domiuium, et Siibjectionem que hactenus habuimus in 
 omnibus et per omnia, a faucibus emulorum nostrorum quandocunque inva- 
 dcntium, Nobis et Heredibus nostris salvare, et inperpetunm defendere. 
 In cujns rei testimonium, has Litteras uostras fieri fecimus Pateutes teste 
 meipso apud Westmonaslerium sexto die Februarii, anno Regui nostri prime. 
 Nos autem Litteras predictas ac omnia et singula in eisdetn contenta, rata 
 habentes et grata, ea pro Nobis, & Heredibus nostris, quantum in nobis est, 
 acccptamus et approbamus, ac prefatis Genti & Communitati Insularum 
 nostrarum predictarura, heredibus et successoribus suis, tenore Presentium 
 rati6camus & coufirmamus, prout Littere predicte in se rationabiliter tes- 
 tantur, In cujus rei testimonium, has Litteras nostras fieri fecimus Patentes. 
 Teste meipso apud Westmonasterium, primo die Mail, anno Regni nostri 
 primo. Nos autem pro eo quod Littere predicte casualiter sunt amisse, 
 prout Thvmas Goslynge coram nobis in Cancellaria, uostra Sacramentum 
 prestitit corporate, et quod Litteras illas, si eas iuposterum, riperiri cotiti- 
 gerit, nobis in eandem Cancellariam restituet ibidem cancellandas, tenorem 
 Litterarum nostrarnm predictarum, ad requisitionem prefati Thome Goslynge, 
 duximus exempUficandas per Presentes. In cujus rei testimojiium, has Litteras
 
 241 APPENDIX. 
 
 nostras fieri fecimtis Patcntos. Teste mcipso apucl JVeslmonatterium, duo- 
 decimo die Mail, anno Regni liostri quarto. 
 Super Plicam] 
 Exempt, per Wilhelm. MalAom. & ) , 
 
 WUhelm. Porter. ClencoB(*) 
 
 (*) This Exemplification has been carefully collated, with the original 
 Patent in the Rolls Chapel ; where it is to be found under the Title, 7ma. 
 
 Pars Confirmation, de Anno primo Heur. VJI. n.9. At the end, after the 
 
 words sexto die Februarii, follow these Articles. 
 Per ipsum Regem et de data predicta. 
 Et pro quadraginta solidis solutis in Hanaperro. 
 
 Consimiles littcre Regis patentee habent Jncole et Habhatorcs de Jersey, 
 Guernesey, et Aureney, sub eadem data, mutatis mutandis. 
 Per ipsum Regem et de data predicta. 
 
 NUMBER IX. 
 
 A Letter of the Count de Laval, Governor of Bretagne, 
 
 under Francis I. King of France, to the Magistrates 
 
 of Morlaix, relating to a Prize taken contrary 
 
 to the Privilege of Neutrality. 
 
 GUY Conte de Laval, de Montfort, & de Quint in, Viconte de Tiennes, Sire 
 de Vitre, de la Roche,& D^4quigny,Gouveruenr & Lieutenant general pour le 
 Roy en Bretagne, VL nos chiers&bienaimez les Seneschal et Bailiff de Morlaix, 
 et au Sieur du Boisyvon, Salut. De la part de Leonard de Dourgny Capitaine, 
 Yi-on le Gueoinnour Maistre, & des Compaiguons Cauezounyers du Gallon 
 nomme Le Jeahn de Morlaix ; & aussy de la part de Nycollas Stand, Thomas 
 Compton, Jehan Blondon, Thomas Martin, Thomas Lehon, Phelippes le Marinier, 
 Guillaume Youncq, et autres leur consors; nous a est6 remonstre, sravoir de 
 la part desditz Dourgny, Maistre, et Compaignons dudit Gallon, que pnys ua 
 inois its ont mins euz & equippe en guerre ledit Galion,& yceluy coiiduitt a 
 la coste Dangleterre, en intencion de grever et endommaiger lesditz euemys 
 du Roy et de ce Pays, et que en la grant mer, entre le pays Dangleterre et 
 1'Isle de Guernesey, quelle est de lobeissance du Roy Dangleterre ils avoint 
 rencontre une Barque nomme le Jeahn de Guemesay, dont estoit Maistre Pheli- 
 pot le Marinier de ladite Isle de Grenesay, & en ycelle plusieurs Angloys,& 
 gensde lobeissance dudit Sieur Roy Dangleterre,y aians plusieurs marcban- 
 dies, taut draps, plombs, estain, que aultrcs, oultre aucuns de ladite Isle de 
 Grenesay venans dudit Angleterre, portans bandieres ou cstoint les Croix Rou- 
 ges, pourquoy les prindrent et ont amenez au havre de Morlaix, demandant 
 quil nous eust pleu declarer ladite Prinse estre juste et de bonne guerre, et 
 partant ladite Barque et biens y estans leur appartenir par droict de guerre, 
 avecques ceulx qni y ont este prins leni prisoniers, attendu nieme que ladite 
 isle de Guernesay est de lobeissance du Roy Dangleterre; Et de la part dadit 
 Nycollas Stanel, Thomas Compton, et anltres susnommez, que ladite Barque 
 est de PIsle de Grenesay appertenant aulx habitans d'ycelle, et que tous les y
 
 APPENDIX. 
 
 cstans estoint et sontdcsdits habitants, reserve nng nommc Jnhan le Norson, 
 quel est Breton, ct originaire dudit Morlaix, qui veuait,ct en bonne charitc 
 lapportoint dudit Pays Dangleterre on il esloit prisonnier de guerre, audit 
 Guernesay en inteucion que de la il eust trouve passage en ce dit Pays pour 
 querir sa ranson ; et aussy ledit Guillaume Yoncq quel est Angloys lequel 
 parcillement ils apportoint pour de la passer en ce dit Pays, ou il a aucuns 
 de ses cornpaignons avoint este prisonniers a Saint-Main, a porter ladite 
 ranson, et acqnitter luy et ses compaiguons ; et que ladite Barque biens et 
 Marchandies y estaus lors de ladite Prinse leur appartenoit ; reserve 
 quelque portion de ladite Marchandie qui appartcuoit a Robert Hall, Angloys, 
 en son noni, et comme facteur daultrcs Angloys, qui fesoy t en ladite Isle pour 
 luy debvoir vendre, trocquer, et esplecter, aussi reserve unze Angelots que 
 y avoyt ledit Yoncq prisonnier, lesquels luy avoint este houtez par ung 
 compaignon dudit Gallon que le Maistre dyceluy cognoist bicn, ensemble les 
 Lettres de Passeporte on Sanconduyt de veuir apporter ladite ranson ; Et 
 que ncantmoins qnilz soint des habitans de ladite Isle quelle jaizoit qnelle 
 soyt de Pobeissance du Roy Dangleterre, est neutre de tout Autiqnite, tant 
 par raison de Previlaiges & accordance deritre les Princes, que par Censures 
 Apostoliques, et mesmement par ce que nagueres a pleu au Roy notre Souve- 
 raiii Sire desclarer son vouler et intencion nestre quon leur eust fait guerre, 
 sans quil fust ny soyt permis ne loisible a aulcuns des Subjectz dudit Seigneur 
 lenr mesfaire, en corps ne en biens, non plus que fitz estoint de son obeis- 
 sauco et confederation ; Par moyen dequoy, et que aussy les Subjectz du 
 Roy Dangleterre leur Maistre, par declaration de son semblable vouloyr que 
 anx Subjectz du Roy, on des Princes de son Alienee, on neust fait en ladite 
 Isle aiicuii moleste, eanny, ne destourbier, en corps ne en biens en aulcnne 
 naaniere, estpermins aulx Subjectz desdita deux Princes all CM- et marchander 
 en ladite Isle reciproquement comme, en Terre Neutre, deffendu et prohibe 
 de non en ycelle, ne es bournes et ly mites dicelle sentrefaire mil ne aulcune 
 guerre ou peurte, snr grosses pcines et Censures Apostoliques ; Lesditz 
 Dourgny et ceulx de sou Equipaige les avoint assailly, prins, et amenez 
 oultre leur gre avec qnes leur dite Barque et biens audit Havre de Morlaix, 
 ncantmoins qne aprez labordaisou ilz cussclit en cognoissauce qne il?. estoynt 
 de ladite Isle, tendant lesdites Barque et biens leur appartenir, et ilzestre 
 lears prisonniers de guerre, centre tout droict et raison ; Et qui pis est, 
 sans quilzs se feussent aulcuncmcnt mis en deffense ne resistance, se confians 
 en leur dit Previllaige et Censures Apostoliques, aussy a ladite Declaration du 
 Roy notre dit Souverain Seigneur, depuyg qne ledit Dourgny et plusieurs de 
 Bondit Equipaige furent entrez en ladite Barque, ung dudit Equipaige quil/. 
 ne scaivent nommer, dune rapiere et espee qui! avoit, blessa en la teste 
 ledit Stanel, luy fist grosse playe, a grant effusion de sang, tellement quil en 
 a este en dangier de mort, tendant afin destre mins avecque leur dite Barque, 
 biens, et Marchandies, au delivre, et d'estre reparez desditz oultraiges- 
 Et de la part desditz Dourgny et sondit Equipaige, nous a este en replique dit 
 et remonstre, quilz les trouverent en la grant Mer, dentre la grande Terre 
 et ladite Isle, ayans bauderolles a Croix Rouges, pourquoy les aborderent, 
 et quant ilz y eurent trouve lesdits Angloys, estimant que tout east eate 
 
 L '-v
 
 243 APPENDIX. 
 
 Angloys,el <\nc tel avou de Barque ct IWarchaiulio quefaisoint lesdilz losislai- 
 res, estoit pour les deffendre, et centre verite les sauvcr auxditz Angloys que 
 estoit assez apparent, eta presumer, et quilz ont en affection pins que ledit 
 Dottrgny, et aussy ponr les amener devers nous, afiu desire adverty des Nou- 
 velles dudit Angleterre,et aultres fins que eussionsavise, les ont admenez audit 
 Morluix, et pose que ladite Barque, et partie desdites Marchandies sont aus- 
 ditz lusulaires, qne neantmoins pource quil sont de lobeissance du Roy Dan- 
 g/etejre,&que les Angloys avoiut brusle 1'Isle de BUJ,& aultres de ce Pays,sans 
 avoir esgart auxditcs Censures & Previllaiges,qvie eulz etleur ditz biens estoiut 
 de bonne Prinse,Nousrequerans dechascune parties provisions de justrceaux 
 cas pertinentes. Pourqnuy aprez que leurs avous bailie pour avere que Ic 
 plessir du Roy notre Souverain Seigneur avoit este desclare lesditz Insulairo 
 & leur biens ne seront de guerre, moyenuant quilz feussent demeurez ea 
 Neutralite, et que durant la presente guerre (*) les Subjectz dudit Seigneur 
 y ont este Marcbandamment comme en Terre Neutre, sans que ayons en- 
 tendn qne par les Angloys on aultres on lenr oust fait aucun enuuy en corps 
 no biens, ains que quant aulcuns se sont efforcez de ce, lesditz Insulaires 
 IPS ont aydez et secourus a leur pover, Vous avons a deux de vous, dont 
 ledit Seigneur du Boisyvon, sera lun, cominis & commettons pour faire iufor- 
 mation et enqueste de ce qne dessus, opouvoir de faire delivrer etrestituer 
 auxditz Insulaires ce que aurez trouve leur apartenir, tant Barque, biens, 
 et Marchandie, que aultres choses, mesmement audit Guillaume Youncq tel 
 nombre dor et dargent et habilement qne vous aparestra luy avoir este 
 ainsy hostez, pource que avons veu sondit Sauconduyt et Passeporte ; Et an 
 parsnrs faire information de celuy qui ainsy blessa ledit Stanel, et celuy que 
 en trouverez charge le prendre et constituer prisonnier, & voos en avertir, 
 pour en faire telle punicion que verrons au cas appartenir ; Et en ce quest 
 ledit Robert Hall, et les biens et marchandies que trouverez luy apartenir 
 en ladite Barque, en son nom, et comme Facteur daultres Angloys, les 
 delivrer audit Dourgny et ses censors, comme bonne et juste prinse de 
 gnerre, et luy mesme leur prisonnier a leur payer ranczon, a la mode et 
 roustume de la guerre, et quil est accoustume entre nous et lesditz Angloys 
 en pareil cas. Dequoy faire et les choses pertiuentes environ, vous avons 
 et a deux de vous doune et donnons plein pover, auctorite et commission, en 
 mandant a tous les aultres Offisiers feaulz et Subjectz vous estre ce tou- 
 chant obeissans et enteudans. Sauff en aultres choses le Droict dudit Seig- 
 neur, et de ces Offisiers, par autant que en apartiendroit aulcune chose, 
 ct lautruy en toutes. Doune a Quinon, le viogtiesme jour de Juin, Tan mil 
 cinqcens vingt et troys. 
 
 . (*) That w, the War betwixt England and France in the fourteenth year of 
 our King Henry VIII.
 
 APPENDIX. 244 
 
 NUMBER X 
 
 Transcript of an old Manuscript-Memorial concerning the 
 ancient Monument of la Hogue-bye in JERSEY. 
 
 F.VHULATUR quondam io Insula de JERSEY, \n psAuda Sancti Laurentii^ 
 fuisse Serpentem, qui multis dampnis& cladibus ufficiebat Insulanos. (.Tun 
 autem Domiuus de Hambeija Normaniie hoc audissct, fain.'i & nominis gloria 
 motns, illuc accessit, & Serpentem interfecit, & caput absciudit. Ut autem 
 Servus qui eum comitabatur, gloriam ejusfacti reportaret, invidia permotus 
 Dominum stuitn interfecit, & eum sepelivit. Rediit Hambeyam, persuasit 
 Dinniiiiu sine Dominum interfectum fnisse a Serpcnte, & se Serpentem inter 
 fecisse, qui volebat Domini mortem ulcisci. Similiter persuasit ea causa in 
 ultima voluntate Dominum suum earn rogasse, ut eidem Servo nuberet.quod 
 ilia amore mariti concessit. Servus autem jam Dominus factus,frequentius 
 agitabatur in somniis, & terrebatur, cxclamabatq; dormiens, O me miserum .' 
 miserum me ! qui Dominum mettrn interfeci ! Ilia frequentius admonuit eum 
 Somniorum, sed turn cum frequenter pergeret sicsomniare, illaparricidium 
 suspecta, reseravit amicis, & Judicis decreto examinatns homicidium agnovit. 
 Ilia in memorianv facti, in loco quo interfectum fuisse didicerat & sepultuu, 
 Tnmulum rotuudum accumulatuin erexit in Parochia Sancti Salvatoris (*), 
 loco conspicuo, nunc Hogam Hambeyam, alias Hngam Byam vocitaut. Hoga est 
 Pyramis obtusa e terra, cujusmodi Galli vocaut Montjoyes. 
 
 (*) La Hogue is not in St. Saviour but in the Parish o/"Grouville (236). 
 
 NUMBER XL 
 
 The Hull of Pope Alexander VI, transferring the Islands 
 from the Diocese of Coutance in Normandy, to 
 that of Winchester in England. 
 
 ALEXANDER Episcopus, Servus servorum Dei, ad perpetuam rei memo- 
 I'iam. Ex iujuncto nobisdesuper Apostolicae servitutis Officio, ad ea libenter 
 intendimus per quee qnieti& tranquillitati status Catholicorum Regum & 
 Priucipum opportune consulatur ac scandalis, periculis, & dissentiouibus quae 
 exinde evenire possent, obvietur. Cum itaque, sicut exbibita nobis nuper 
 pro parte carisF'ifii in Christo filii nostri, Henrici Angliae Regis illus<ris,Petitio 
 continebat, In; edeGERSEY 8cGernesey,Chaugey y Aourney, Errne, & Serke, 
 Constantiensis Dioecesis, Provincial Rothomagensis, quae sub suo Temporal! 
 Dominio existunt, Episcopo Constantiensi pro tempore existenti in Spirituali- 
 bus subessc noscuutur, & propter dissentiones quae inter Anglicos & Gallos SBP- 
 penumero vigent,statui praefati Henrici & pro tempore Regis Angliae cxisten*' 
 tis, non modicum periculum imminere posset, dictarnmque Insularnm incolic 
 in Visitationibus, et aliis Spiritualibus, maxima pati possent detriraenta, nee. 
 uod Insulae prwdictse a CaUis visitentur, & propterea pro securitate,
 
 245 APPENDIX. 
 
 quiete.et tranquillitatc praefati Regis, Statusq; sui, ncccssc sit nt Iiisuhc 
 proedictae a Jurisdictione praefati Episcopi dismembrentur et scparentttr, ac 
 Episeopo Wyntoniensi pro tempore existenti (cujns Diocccsis dicta? liisuhv sunt 
 \irhr.i) perpetuo enbjiciantnr, quemadmodum alias Villa Calesiae, olim Ar- 
 chiepiscopo Turonensi subjecta, ab ipso Turonensi Arckiepiscopo exempta, & 
 Archiepiscopo Cantuariensi pro tempore existent! Apostolica Auctoritatc sub- 
 jecta fuit : Nosquiscandaliset dissentionibas neeveniant, quantum cum Deo 
 possnmus, libentcr obviamus, hujusmodi supplicationibus iiiclinati, Insulas 
 praedictas, illarumque incolas ct babitatores, tarn Ecclesiasticos quam Sccir- 
 lares, a Jurisdictione praefati Constantiensis Episcopi, Auctoritate Apostoliea, 
 tenore Prsesentium, perpetno exiniimus et separamns, ac dicto Episcopo Wyn- 
 toniensi subjicimus, applicamus, et appropriamns ; districting inbibentes praj- 
 fato Episcopo Constanliensi,ne de coetero de Insulis praxlictis, illarumque 
 iucolis et babitatoribas,se intromittere, ac nllamin eos Jorisdictionem exer- 
 cere quoquo modo praesumat, acdecernentes exnnnc irritum et inane, si secns 
 super his a quoquam quavis Auctoritate, scienter Tel ignoranter, contigerit 
 attemptari. Non obstantibas pracmissis, necnonSubjectione per nos alias de 
 dictis dnabus Insnlis de GERSEY et Gernesey, Episcopo Sarisburiensi pro tem- 
 pore existenti, ad supplicationetn procfati Regis fact a, quam de ipsius Regis 
 consenen omnino revocamus, cassamns, et annullamns, ac Apostolicis, necnon 
 in Provincialibns et Sinodalibns cousiliis editis, generalibus vcl specialibus 
 Constitutionibus & Ordinationibus, coeterisque contrariis quibuscunquo, 
 Null! ergo omnino hominum liccat bane pagiuam nostra? exemptionis, separa- 
 tionis, subjectionis, applicationis, appropriatiouis, inhibitionis, constitutionisj 
 revocations, cassationis, et annnllatiouis infringere, vel ei ausu temerario 
 contraire. Siquis autem hoc attemptare presumpserit, indiguationem 
 Omnipoteutis Dei, acbeatorum Petri et Pauli Apostolorum ejus, senoverit 
 incursurum. Datum Romae apud Sanctum Pelrum, anno Incarnationis Domi- 
 ni ca? millesimo quadriugentesimo nonagesimo nono, tertiodecimo Kaleudarum 
 Febuariif Pontificatus nostri anno octavo (237). 
 L. PODOCATHARVS. 
 
 P.TUBA. 
 Superplicam 
 
 ALEXANDER PAPA SEXTVS. 
 
 NUMBER XII. 
 
 Canons and Constitutions Ecclesiastical for the Isle 
 of JERSEY. 
 
 JAMES R. 
 
 JAMES by the Grace of God, King of England, France, and Ireland, Defender 
 of the faith, &c. To our right trusty and well beloved Counsellor, the 
 reverend Father in God Lancelot Bishop of Winton; and lo onr trusty and 
 well beloved Sir John Peyton Knight, Governor of our Isle of JARRE Y, and to 
 the Governor of the said Isle for the timebeinpr; to the Bailiff and Jurats of
 
 APPENDIX. 246 
 
 Hie said Isle for the time being ; and to the Officers, Ministers, and Inhabi- 
 tants of the said Isle for tlie time being; to whom it shall or may appertain} 
 Greeting. Whereas we held it fitting heretofore, upon the admission of the 
 now Dean of that Island unto his Place, in the interim (until we might be more 
 fully informed what Laws, Canons, or Constitutions, were meet and fit to be 
 made and Established for the good government of the said Island in Causes 
 Ecclesiastical, appertaining to the Ecclesiastical Jurisdiction) to command 
 the said Bishop of Winton* Ordinary of the said Island, to grant his Commis- 
 sion nnto David Bandinel , now Dean of the said Island, to exercise the Eccle- 
 siastical Jurisdiction there, according to certain Instructions signed with our 
 Royal Hand, to continue only until we might establish such Constitution*, 
 Rules, Canon*, and Ordinances, as we intended to settle for the regular govern- 
 ment of that our Island in all Ecclesiastical Causes, conformed to the Ecclesi- 
 astical government established in our Realm of England, as near as convenient- 
 ly might be : And whereas also to that purpose our Pleasure was, that the said 
 Dean, with what convenient speed he might, after such Authority given unto 
 him as aforesaid, and after bis arrival into that Island, and the publick notice 
 given of his admission unto the said Office, should, together with the Ministers 
 of that our Isle, consider of such Canon* and Constitutions as might be fitly 
 accommodated to the Circumstances of Time, and Place, and the Persons 
 whom they concern, and that the same should be put into order, and intimated 
 to the Governor, Bailifcand Jurats of that our Isle, that they might offer to us 
 and to our Council such Exceptions, and givesnch Informations touching the 
 same, as they should think good : And whereas the said Dean and Ministers 
 did conceive certain Canons, and presented the same unto us on the one part, 
 and on the other part the said Bailiff" and Jurats excepting against the same, 
 did send and depute Sir Philip de Carteret Knight, Joshua de Carteret, and 
 Philip de Carteret Esquires, three of the Jurats and Justices of our said Isle > 
 all which Parties appeared before our right trusty and well beloved 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<red ; He shall have 
 also the Registringof the Inventories 
 of Goods Mobiliary belonging to Or- 
 phans, whereof he shall keep a faith- 
 ful Register, that he may give Copies 
 of them whenever he shall be requir- 
 ed. Moreover, he shall give Letters 
 of Administration of the Goods of 
 Intestates, dying without Heirs of 
 their Body, to the next of Kindred. 
 
 27. They that have the Will in 
 their Custody, whether they be 
 Heirs, Excutors, cr others, shall be 
 obliged to exhibit and bring the same 
 to the Dean within one Month ; in de- 
 fault whereof they shall be convened 
 into Court bj Mandate, paying double 
 Charges for the Compulsory ; and the 
 said Dean shall have for the said 
 Wills, Inventories, and Letters of 
 Administration, such Fees as are spe- 
 cified in the Table made for that 
 purpose. 
 
 28 All Legacies Mobiliary made to 
 the Church, Ministers, Schools, ur 
 Poor, shall be of the Cognizance of 
 the Dean ; But upon any Opposition 
 made concerning the Validity of the 
 
 (*) The Law which obtains here, Le mart saisit le z/,the meaning whereof 
 is, that the moment a Man dies, his, Heir or Heir stand ipso facto vested of 
 all his Estate real and personal, (hat law (I say) leaves little room for the 
 exercise of this part of the Dean's Jurisdiction concerning Probates o 
 and Letters of Administration.
 
 Testament, Fa Court Tcmporcllc eu 
 determiacra entre les Parties. 
 
 29. II appartient au Doyen <le cog- 
 noistre de toute Substraetion de Dix- 
 mes affectees A 1'Eglise, de quelque 
 esp6ce qu'elles soyenf, qui ont estd 
 payees au IMinistres, & dontils out 
 jouy et sont en possession depuis 
 quarante Ans ; et toute personne con- 
 vaincue de substraction, fraude, ou 
 detention d'icelles Dixmes,sera ad- 
 juge a Restitution, avec les frais et 
 constates de la partie ; et pour la 
 Conservation de touset chascun les 
 Droicts Beneficiaux,Dixmes, Rentes, 
 Terres, et Possessions, il y aura un 
 Terrier fait par le Bailly et Juretz, 
 assistes du Doyen et Procureur du 
 Roy (248). 
 
 30. Le Doyen aura libert de faire 
 choix d'nn Deput6 ou Coramissaire, 
 lequel pourra excereer et suppleer 
 la Charge et Office du Doyen entant 
 que sa Commission le portera, et dout 
 y aura Acte Authentique aux Rolles 
 de la Court. 
 
 Des Surveillans, autrement ditf Gardiens 
 de rEglise. 
 
 31. Chasque semaine apres Pas- 
 ques, le Ministre et les Paroissiens 
 de ehaque Eglise choisiront deux 
 Surveillans, gens discrets, et de bonne 
 Conversations, et des plus capables, 
 scachaus lireet escrire s'il est possi- 
 ble, Que si les dits Paroissiens (249) 
 ne penvent accorder en 1'EIection, le 
 Ministre aura pouvoir d'en iiommcr 
 un, et les Paroissiens 1'autre par la 
 majeure Voix d'iceux ; etseroutpuis 
 apres assermentes il la prochaine 
 Court, et biea advertis de leur De- 
 voir. 
 
 32. Le Devoir d'iceux sera de voir 
 que les Temples et Cimetieres ne 
 soint profanes par aucuns Exercices 
 ou Actions profanes, comme aussy de 
 ne permettre J'entree du Temple a 
 aucun Excommunie, duquel la Sen- 
 tence a este Publiee en leur Pa- 
 roisse. : et seront soigneux de Pre- 
 senter de temps en temps ceux qui 
 negligent les Exercices Publics du 
 Service Divjn, et 1'usage des saints 
 Sacremens, et g6H6ralement tous 
 
 (*) Commonly called Vice-Poyeu . 
 
 APPENDIX. 254 
 
 Witt the Civil Coin t shall determine 
 it betwixt the Parties. 
 
 29. It appertains to the Dean to 
 have cognizance of all Substraction 
 of Tythes belonging to the Church, of 
 what kind soever they be, which have 
 been paid to the Ministers, and which 
 they have enjoyed and have been pos- 
 sessed of forty Years ; and every 
 Person convicted of Substraction, 
 Fraud, or Detention of the said 
 Tythes, shall be adjudged to make 
 Restitution, and pay the Cost and 
 Charges of the Party; and for the 
 Preservation of all & singular the 
 Rights, Tythes, Rents, Lands and 
 Possessions Benefciary, there shall 
 be a Terrier made by the Bailly and 
 Jurats, assisted by the Dean aud 
 King's Procurator. 
 
 30. The Dean shall have power to 
 make choice ofa Deputy or Commis- 
 sary (*), who shall execute and sup- 
 ply the Place and office of the Dean 
 so far as his Commission shall extend, 
 of which thereshall bean Authentick 
 Act in the Rolls of the Court, 
 
 Of tfte Church- Wardens. 
 
 31. Every Week next after Easfer, 
 the Minister and People of each 
 Parish shall chuse two Church-War- 
 dens, discreet Men of good Conversa- 
 tion and Capacity, able to read and 
 write if possible. If they cannot agree 
 in the Election, the Minister shall 
 have power to name one, and the Pa- 
 rishionners another by the majority 
 of Voices ; which two shall be sworn 
 in the next Court after, and there 
 well admonished of their Duty,' 
 
 32. Their Duty shall be to see that 
 the Churches and Church-yards be 
 not abused by any prpphane Exer- 
 cices or Actions, as also not to suffer 
 any Excommunicated Person to come 
 into the Church, after the Sentence 
 has been published in their Paiisb : 
 And they shall be careful to Present 
 from time to time those that neglect 
 Divine Service, and the Use of the 
 Holy Sacraments, and generally all 
 Delinquencies that are of Ecclesias-
 
 255 
 
 APPENDIX. 
 
 Delicts qui sont de Cognoissance 
 Kcclesiastiquo ; el bailleront lesdites 
 Presentations sous leur signes, et ne 
 pourront estre contraintsdc Presenter 
 <juc deux fois par An. 
 
 33. Us anront soin pareillement 
 d f entretenir le Temple en bonne 
 reparation, et !es Cimetieres en bonne 
 clostiire ; et de voir qne toutes choses 
 appartenantes a PKglise, a PAdmi- 
 nistration de la Parole et des Sacre- 
 ments, soyent pourveues et entre- 
 tenues de temps en temps ; oomme 
 sont la Bible de la meilleure Trans- 
 lation et en plus grosses Lettres, le 
 livre des Communes Prirestantpour 
 le Ministre,que pour leCIercou Cous- 
 feur de la Paroisse, un livre de Par- 
 chemin pour enregistrer les Baptes- 
 mes, Marriages et Enterremens, une 
 Table convenable pour administrer la 
 Saiote Cene, avec un Tapis pour met- 
 tre sus duraut le Service Divin des 
 Fonds pour le Baptesme, Coupes et 
 Vaisscaux dediez seulement a cet 
 Usage, Nappes, Serviettes, avec uu 
 Coffre pour retirer les dites Uten- 
 siles, un Tronc pour les Aumosnes, 
 un Tapis et Carreau ponr la Chaire, 
 ct pourvoyront aussi le Pain et le 
 Viu de la Cene. Item, verront que 
 les Banes et Sieges soyent appro- 
 pries pour la Commodity du Ministre 
 ct de ses Paroissiens, et ce par Pad- 
 vis et conseil de leur Ministre ; et 
 le tout des Rentes et Revenus da 
 Thresor de PEglise. 
 
 34. Les dits Surveillans seront obli- 
 ge* de garder un bon et loyal compte 
 dansun Livredeleur mises et recep- 
 tes, et de Pemploite quits feront des 
 Deniers du Thresor : lequel sera banni 
 de temps en temps selon la Coustume, 
 et ce entre les mains des dits Surveil- 
 lans,et Procureurs de la Paroisse, 
 lesquels employront le dit Thresor 
 pour les choses uecessaires et conve- 
 nables 4 PCglise, ou bien Public : se 
 gouvernans par Padvis du Ministre 
 et Principaux de la Paroisse en toutes 
 choses extraordinaire* qui concer- 
 nent la dite Paroisse : et en cas 
 d' Affaires Publiques,PAsseinblee des 
 Estats leur prescrira ce qui sera trou- 
 
 tical Cognizance : which Pre&entd- 
 tiorti they shall exhibit under their 
 Hands, nor shall they be constrained 
 to Present above twice a Year. 
 
 33. They shall have care more- 
 over, to keep the Church in good 
 Repair, and the Church-Yards well 
 fenced ; and to see that all things 
 appertaining to the Church, the Ad- 
 ministration of the Word and Sacra- 
 ments, be provided and maintained, 
 from time to time ; such are, a Bible 
 of the best Translation and largest 
 Character, the Book of Common- 
 Prayer both for the Minister and 
 Clerk of the Parish, a Book of 
 Parchment to register the Christ- 
 uings, Marriages and Burials, a de- 
 cent Table to administer the Holy 
 Supper, with a Carpet to cover it 
 during Divine Service, Fonts for 
 Baptism, Cups and Vessels serving 
 only to that Use, Table-cloths, Nap- 
 kins, with a Coffer wherein to keep 
 the said Utensils, a Trunk or Box for 
 Alms, a Cloth and Cushion for the 
 Pulpit, and shall also provide the 
 Bread and Wine for the Sacrament. 
 Moreover, they shall see that the 
 Pews and Seats be well fitted for the 
 Conveniency of the Minister and Pa^ 
 rishioners, and that with the Advice 
 and Council of their Minister: all 
 this, out of the Rents and Revenues 
 of the Treasury of the Church. 
 
 34. The said Church-Wardens shall 
 be obliged to keep in a Book, a good 
 and faithful account of their Dis- 
 bursements and Receipts, and of the 
 Use they shall make of the Moneys 
 of the Treasury; which shall be pub- 
 lished (*)from time to time according 
 to Custom, and that in the Name of 
 of the said Church- Wardens, and 
 Procurators of the Parish, who shall 
 employ the said Treasury in things 
 necessary and convenient for the 
 Church, or the publick Good, govern- 
 ing themselves by the advice of the 
 Minister and chief of the Parish in- 
 all things extraordinary which con- 
 cern the said Parish : and in case of 
 
 (*) More properly, auctioned. For the Rents of the said Treasury being it> 
 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 <Sf 
 Raynaldus de Sancto Valerico Normanniam recognoscere missisunt,jussu Regis, per 
 Episcopalus, Regales Redditus, $ Consuetudines ad Regem 8$ Barones pertinentes. 
 Which Commission was like that of the Justices itinerant above-mentioned* 
 consisting only of Quo-Warranto's : And it will be to no purpose to pretend to 
 find a Difference, by saying, That these Inquisitors were Normans ; for 
 
 (*) As is manifest from the Records in the Tally-Office. 
 
 (t) Grand Coust umicr Chap. Du Seneschall au Doc. 
 
 (1) Rot. Insul. An. 1 Edw, II. &c. penes Camerarios Scaccarij.
 
 REMARKS ON MR. SELDEN, &C. 270" 
 
 sometimes the Justices aforementioned were also Natives of the Islands, as 
 Drogn de Barentin, and John de Carteret ; their Commission receiving thereby 
 no manner of Alteration. As for the bringing and determining of Suits 
 begun there, into the Court of the Kings Bench, it was a downright Violation 
 of their Laws and Privileges, and directly contrary to the Vlllth Articleof 
 King JohiCs Constitutions, which says expressly, that allsuits commenced within 
 the said Islands, shall be teiminated there (*). Accordingly, these Irregularities 
 were rectified, and the ancient Privileges of the Islands confirmed by King 
 Edioard III. and his Successors Kings of England ; and from that time, I 
 believe, they have been subject only to the King and Council. 
 
 3. His next Argument is taken from a charter of Edicard VI. wherein it is 
 said, That the Privileges therein granted, were the same as the Islanders and then- 
 Ancestors had enjoyed under some of his Predecessors Kings of England* without 
 
 adding these words and Duke* of Normandy. But to this what Mr. 
 
 Selden himself observes might be a sufficient Reply, That tho' these words are 
 left out of this Charter, yet they are found in others. And it may moreover 
 be remembered, that after Henry III. had parted with his Right to Normandy, 
 the Words above, were seldom, or not always at least, inserted among the 
 rest of our Kings Titles. However, not to insist upon this, it would be but 
 a bad way of arguing to say, The Kings of England have granted these 
 Islands many Privileges, or, these Islands have enjoyed many Privileges 
 under the Kings of England, Therefore the Dukes of Normandy were iiever in 
 Possession of them, or had any thing to do there. And yet no better is the 
 present Argument. 
 
 4. Mr. Selden^s IVth Argument is, That in a Petition presented to the 
 Parliament by the Islanders, in the Reign of Edward III. wherein they 
 give a Representation of the Privileges they had enjoyed from time imme- 
 morial, there are some which seem to imply, that those Isles had been 
 subject to the ordinary Jurisdiction of our Kings, in Right of their Kingdom, 
 of England and not as they were Dukes of Normandy. 
 
 Bat tbis can never be made out from the Instances alledged here by Mr 
 SeWen(f), unless it is proved at the same time, That the Islands enjoyed 
 those Privileges, before ever the Kings of the Norman Race mounted the 
 English Throne, and were not indebted for them to the Favour of the King's 
 of England. For, examine them impartially, and you'll find, there is not 
 in them the least Circumstance that makes it appear, whether they were 
 granted by Kings of England, or Dukes of Normandy. The Privileges here 
 cited, are Part of the Constitutions of King John (}). They were indeed 
 
 (*) Quod uulluni Placitum infra quamlibet dictarnm Insularumcoramqui- 
 buscunque Justiciarijs inceptum, debet extra dictam Insulam adjornari, sed 
 ibidem omnind terminari. See Account of Jersey, p. 331 
 
 (t) Item quod nullus de libero tenemento suo, quod annum & diem pacifice 
 tenuerit, sine brevi domini Regis de Cancellaria, de tenemento et tenente fa- 
 ciente mentionem, respondere debeat. Item, quod nou debeant coramjusti- 
 tiariis domini Regis, ad assisas capiendas assignatis, respondere, antequam 
 transcripta commissionum eorundemsub sigillis suis eislibereut . Item quod 
 justitiarii per commissionem domini Regis ad assisas capiendas hie asssiguati 
 non debeant placita hictenere ultra spat i um trium septimaaanim. 
 
 ft) Artie, IX,XIV,XV. See Ace. of JERSEY.
 
 271 REMARKS ON MR. SELDEN, &C. 
 
 granted by him, uot as Duke of Normandy (for he had (hen lost that Pro*- 
 vince) but as King of England : And yet this does not iu the least prove, 
 that these Islands had always been under the Jurisdiction of the Kings of 
 Englawl. Accordingly, in that same Petition the Islanders acknowledge, 
 That they had (formerly) been part of Normandy, as is well observed by Mr- 
 SeWen. As for their saying, that they had enjoyed those Privileges from 
 time immemorial, That might possibly be, if it be admitted, That K. John's 
 Constitutions contained, at least in the main, a Confirmation of their ancient 
 Rights and Liberties ; which is very certain. Or, dating the Origin of 'em 
 from K. John's Constitutions, they must then bare been near 100 years in 
 possession thereof, which is more than sufficient to found a Prescription, and 
 may with no great impropriety be called Time immemorial. 
 
 5. For a Vth Argument. Mr. Selden produceth, a Grant of Q. Elizabeth to 
 Helier de Carteret, and his Heirs, of the Isle of Serk to be held in Capite ; 
 as if that Tenure was an infallible Proof of this Island's having ever been 
 a Fee-Patrimonial of the Crown of England. Can nothing then be granted 
 by that Tenure, except a Patrimonial Fee ? Why it could not be thus dispo- 
 sed of, if it had been Part of the English Patrimony, only since the Norman 
 conquest, is really inconceivable. Perhaps the Author means, That this 
 Island's being granted by a Tennre that was peculiar to England, is an 
 evident Proof of its having always been part of the English Dominions. 
 So Mr. Poiugdestre understands him. But certainly Mr. Seldeu very well 
 knew, That Tenures in Capite are not peculiar to England, bat ha?e, from 
 the ancientest Times, been also used in Normandy (*) ; whence if we 
 believe Dr. Brady (-f)j they were brought into this Kingdom after the 
 Norman Conquest. So that this Argument is of no Moment. 
 
 6. Neither is the next of much greater weight : It is taken from the Vlth 
 Article of the Treaty of Bretigny ; wherein it is said, " That the King of 
 " England shall have and hold all the Isles adjacent to the Lauds, Countries, 
 " & Places beforenamed, together with all other Isles which he holds at pre- 
 ' sent." But what then ? is it there said, the Kings of England have always 
 held those Islauds ? or doth it thence follow, That those Islands have always, 
 and from Time immemorial, belonged to the Crown of England ? Surely no 
 Argument can be more trifling or inconclusive. 
 
 7. The Consequence he dravs from a Clause in the Treaty between Henry 
 VIII. and the Emperor, in 1542. and of another, between Q. Elisabeth and 
 the States of the United Provinces, AH. 1585. wherein it is said, That the 
 forementioued Islands ad regnum Anglioe atiinent, regno Angliae adjacent, 
 belong to and are situate near the Kingdom of England, is of as little force 
 as the last. Unless we were sure hereby was meant. That the said Islands 
 always belonged to the Kings of England. Otherwise it will be exactly the 
 same as if one was to argue, That Ireland was always, and from time imme- 
 morial, (perpetud) subject to England, because it belongs to, and lies near it, 
 which would be a very poor and false Inference. 
 
 (*) See Grand Coustnmier Distinction HI. ch.34. 
 (t) Preface to the Normau History.
 
 REMARKS ON MR. SELDEN, &C. 272 
 
 8. His two next Arguments tend to proye, That the Kings of England 
 ever held those Islands by a higher Title than that of Dukes (of Normandy), 
 otherwise Henry V, could not have granted them to his Brother John Duke 
 of Bedford in full Sovereignty ; nor Henry VI. created Henry Beauchamp, 
 Duke of Warwick, King of 'em, unices they had possessed them by a Royal 
 Title. 
 
 In answer to which the Reader may observe, That, after the Loss of Nor- 
 mandy, if our Kings possessed them at all, they must liave done it as Kings 
 of England, aud disposed of them as such ; and not as Dukes of Normandy, 
 because they were no longer so. But besides, suppose a King of England 
 should have a mind, with the Consent of his Parliament, to erect any part of 
 his Dominions into a separate and dependeut Kingdom, (as was that of the 
 Isles): I shall ask, whether it would not be equally in his power to doit, if 
 he held them only as Earl or Duke, as if he did it as King or Emperour ? This 
 the Instance alledged by Mr, Selden shews to be no way impossible. Richard 
 II. erected Ireland into a Kingdom, in behalf of Robert de Vere Earl of Ox- 
 ford ; and yet neither He nor his Successors were styled otherwise than 
 Lords of that Island, till Henry VIII. took the Title of King of England^ 
 prance, and Ireland. Why therefore it should not be equally in the Power 
 of Henry V. and VI. to make a Kingdom of the Isles above-named, tho' they 
 held them only as Dukes or Lords, is what I cannot conceive. 
 
 10. Mr. Selden's last Argument, for the perpetual Dependance of these 
 Isles on the Crown of England, is, that he finds in the Rolls of the Justices 
 
 itinerant sent over thither, these words -Placita Corona? spreta 
 
 dignitate coronse domini Regis ; ut de f'eodo & jure coronse suse. &c. 
 
 all which is a Style of Regal and not of Ducal Authority. But from what 
 time these Expressions were used, is the Question ? if they were not so (per- 
 petno) always, and from time immemorial, this Argument will be nothing to 
 the purpose. And, why they could not be used, if our Kings had enjoyed 
 those Islands only from the Reign of William I. is what no man can give a 
 good reason for. The time here mentioned by our Author can be no ob- 
 jection ; for it was during the Reigns of the three first Edwards. And 
 before that time Mr. Selden might have known, there was another Form of 
 Words, as is manifest from the Roll of Robert de Leisset, wherein we read, 
 Placita Coronse, quse in Insulis dicuntur Placita Spadse (*). What these Pla. 
 cita Spadse were, is plain from the Grand Coutumier. which informs us, That 
 the Sword was the Badge of Ducal Authority, as the Crown is of Regal. 
 Whence, it is that in Mat. Paris (f), Huntingdon, Hoveden (J), and other 
 Historians, cingi gladio Ducatus Normannise, was the same in a Duke of 
 Normandy, as to be crowned in a King of England. 
 
 These, Sir, are the few Remarks I had to make on Mr. Selden ; at which 
 I hope no one can take Offence. The Design of 'em, is neither to undervalue 
 the truly learned Man whom I have opposed, nor to weaken the Title which 
 
 (*) An. 28 Edw. I, penes Camerarios Scacc. 
 
 (t)M. Paris, p. 196. 
 
 (t) Hoved. p. 654, 792, 793, &c.
 
 273 REMARKS ON MR. SELDKN, &'C. 
 
 the English Nation enjoys to the Dominion of the Britith Ocean: Aright 
 which is grounded upon immemorial Prescription : that hath been confirmed 
 by repeated Treaties, and constant Practice : and a Right on which indeed 
 the Safety of our Islands, of Jersey and Guernezey, entirely depends. For so 
 long as our Masters, the Kings of England, enjoy the Dominion of the 
 Narrow Seas, so long are we safe, and no longer. The Moment the French, or, 
 any other envious neighbouring Nation, rivals the Power of England, and gets 
 a Fleet superior to ours (of which indeed there is no danger at present, and 
 'tis to be hoped never will,) we shall be inevitably swallowed up, be brought 
 into the same wretched state of Slavery, which those tyrannical Princes keep 
 their unhappy Subjects under ; and lose at once the Enjoyment of our 
 excellent Religion, and of all our Civil Rights and Liberties ; without which, 
 what is there desirable under the Sun ? That we may always therefore remain 
 united to that powerful Crown, under whose kind Government we enjoy all 
 the Happiness and Protection we can desire, and taste of the Sweets of Liber- 
 ty, and Plenty, as much as the narrow Compass of that small Place can afford 
 is the hearty wish of, 
 
 SIR, 
 
 Your most obedient 
 
 and obliged, humble Servant, 
 
 PHILIP MORANT. 
 
 London, Oct. 27, 1733.
 
 EXPLANATORY NOTES. 
 
 PREFACE. NOTE 1. p. i. 
 
 Heylin'tt work was not published till 1656, or 28 years after he had visited 
 fhe Channel Islands, and when the civil and religious establishments which 
 he advocated were very unlikely to have been restored, as they were so soon 
 after by Charles II, in 1660. He was a voluminous and laborious writer, and 
 died Prebendary of Westminster at an advanced age in 1680. The work in 
 question contains 424 pages, 148 of which are exclusively devoted to the 
 survey of the Channel Islands, which is remarkable for its appearance of plain 
 dealing and impartiality. It also contains the best account extant of the con- 
 test, whether the Reformed Church of England or that of Geneva should pre- 
 vail in these Islands, and by what means the form which had been introduced 
 by Edward VI, was eventually established under James I. Heyliu sailed from 
 England March 6, 1628, or new style, 1629, landed in Jersey on the 6th, and 
 left it on the 16th of the same month, making in all a stay of only 10 days. 
 His information is remarkably accurate, and Mr. Falle might have explained 
 the reason of that unexpected accuracy. Heylin, as Chaplain to the Earl of 
 Danby had not only every opportunity of obtaining very extensive informa- 
 tion, but to have, it from the first Sir Philip de Carteret, of St.-Ouen, who was 
 then Bailiff of the Island. This Sir Philip was a man of high attainments, and 
 from 1605 till his death in 1643, his name is continually mixed with all the 
 public transactions of Jersey, either as Jurat, Bailiff, or Lieutenant Gover- 
 nor. Dr. Heyliu was the friend and biographer of Archbishop Laud, who 
 after repeated applications to the Crown from the Island, was chiefly instru- 
 mental in procuring the endowment of the Jersey Fellowships in 1636. I am 
 therefore inclined to believe that most, if not all the facts in Heylin's work 
 were supplied by that loyal and distinguished Gentleman. It is become very 
 scarce, and it were much to be wished, that it should be republised (*). 
 
 We cannot close this note, without offering some extracts which may not 
 be unacceptable to our readers, as exhibiting the then state in which Jersey 
 had probably been stationary for some centuries before, compared with 
 its progression in wealth and consequence to what it was a Century later in 
 the days of Mr. Falle, and with its present commercial aud agricultural 
 prosperity in 1835, when the Channel Islands import to the amount of 
 500,000 from Great Britain, and export to the amount of 120,000 ; thus 
 showing even in a Commercial point of view the value of those Islands to 
 the larger Country. 
 
 (*) If a sufficient number of Gentlemen will patronize the undertaking, 
 the publisher of this work is ready to undertake the publishing of it. 
 
 P 2
 
 275 NOTES. 
 
 It was also not the last part of mine intention, to do something in 
 honour of the Island, by committing to memory their Antiquities, by 
 reporting to posterity their Arts of Government, by representing, 
 aa in a Tablet, the choycest of their beauties ; and in a word, by 
 reducing these and the Achievements of the people, as far as the light of 
 Authors could direct me, into the body of an History. But when I had a 
 little mado myself acquainted with the place and people, I found nothing in 
 them which might put me to that trouble. The Churches naked of all 
 Monuments, and not so much as the blazon of an Armes permitted in a 
 window, for fear, as I conjecture, of Idolatry. No actions of importance to 
 be heard of in their Legends, in their remembrancers ; whereby to ennoble 
 them in time to come, unless perhaps some slight allarms from France, may 
 occasion speech of them in our common Chronicles. The country, indeed, 
 exceeding pleasant and delightsome, but yet so small in the extent and 
 circuit, that to speak much of them, were to put the shoe of Hercides upou 
 the foot of an Infant. For being in themselves, an abridgement only of the 
 greater works of nature, how could the character and description of them 
 be improved into a Volume ? Having thus failed in the most of my designes, 
 I applyed myself to make enquirie after their form of Government, in 
 which, I must needs confess, I met with much which did exceedingly affect 
 me. Their Laws, little beholding in the composition of them, to Justinian; 
 and of no great affinity with the laws of England, which we call Municipall 
 or common. The grand Cnstomarie of Normandy, is of most credit with 
 them ; and that indeed the only rule by which they are directed, save that 
 in some few passages it hath been altered. by our Prince, for the conve- 
 niency of this people." (p. 280.) 
 
 ** On Thursday his Lordship went in the Cohu or Town-Hall, attended by 
 Sir John Palmer the Deputy Governour, Sir Philip de Carterel, the Justices, 
 Clergy, and Jurors of the Island, with other the subordinate Officers 
 thereunto belonging; where being set, as in a Parliament or Sessions, and 
 having given order for redresse of some grievances by them presented to 
 him in the name of that people, he declared to them in a grave and eloquent 
 speech the great care which his Majesty had of their preservation in sending 
 Men, Money, Armes, and Ammunition to defend them against the common 
 Enemies of their peace and consciences ; assuring them tna-t if the noise of 
 those preparations did not keep the French from looking towards them, his 
 Majesty would not fail to send them such a strength of Shipping, as should 
 make that Island more impregnable than a wall of Brass; in which regard 
 he thought it was not necessary for him to advise them to continue faitbfull 
 to his Majesties service, or to behave themselves with- respect and love 
 towards those Gentlemen, Officers, and common Soldiers, who were resolved 
 to expose themselves (for defence of them, their Wives and Children) to the 
 utmost dangers. And finally, advising the common Soldiers to carry them- 
 selves with such sobriety aud moderation towards the natives of the country, 
 (for as for their valour towards the enemies he would make no question) as 
 to give no offence or scandal! by their conversation. This said, the Assem-
 
 NOTES. 276 
 
 bly was dissolved, twthe great satisfaction of all parties present; the night 
 ensuing and the day following being spent for the most part in the enter- 
 tainments of rest and pleasures " (p. 288, and 289.) 
 
 " The whole time of our stay here was spent in visiting the Forts, and, 
 Ports,and other places of importance, taking a view of the severall Muster* 
 of the natural! Islanders, distributing the new come Soldiers in their seve- 
 rall quarters, receiving the services of the Gentry, Clergy and principall 
 citizens; and finally iu a like meeting of the States of the Island, as had 
 before been held in Jersey." (p. 290.) 
 
 " This Island, as before we noted, is some 33 miles in compassc, compre- 
 hending in it 12 parishes, whereof the principall is that of St. Hilaries. A. 
 Town so called from anantient Father of that name, and Bishop ofPoycliers, 
 in France, whose body they suppose to be interred iu a little Chappell neer 
 unto the Fort Elizabeth, and consecrated to his memory. But of his burial I 
 here, they have nothing further than tradition, and that unjustifiable; for 
 St. Jerome telleth us that after his return from Phrygia, whereunto he had 
 been confined, he dyed in his own city ; and we learn in the Roman Marty 
 rologie, that his Obit is there celebrated on the 13 of January. The chief 
 name the which this Town now hath, is for ihe couvemency of the Haven, 
 the Market there every Saturday, and that it is honoured with the Cohu or 
 Sessions-house for the whole Island. The other Villages lie scattered up and 
 down, like those of Guernzey, and give habitation to a people very painfull 
 and laborious; but by reason of their continuall toyle and labour, not a 
 little affected to akiude of melancholy surliness incident to plough men. 
 
 "Those of Guernzey on the other side, by continuall converse with strangers 
 in their own haven, and by travelling abroad being much more sociable and 
 generous. Add to this, that the people here are more poor, and therefore 
 more destitute of humanity; the children here continually craving alines of 
 every stranger ; whereas in all Guernzey I did not see ouebegger. 
 
 " A principall reason of which poverty, I suppose to be their exceeding 
 populousnesse, there being reckoned in so small a quantity of ground, neer 
 upon thirty thousand living souls. A matter which gave us no small cause 
 of admiration ; and when my LordofDanfiy seemed to wonder, how such 
 a span of earth could contain such multitudes of people, I remember that 
 Sir John Payton the Lieutenant-Governour, made him this answer, viz. 
 That the people married within themselves like conies in a burrow ; and 
 further, that for more than thirty years they never had been molested ei- 
 ther with Sword, Pestilence, or Famine. 
 
 "A second reason of their poverty (add also of their numbers) may be 
 the little liking they have to Trafick ; whereby as they might have advan- 
 tage to improve themselves, and employ their poor ; so also might that 
 service casually diminish their huge multitudes, by the losse of some men 
 and diverting others from the thought of marriage. 
 
 " But the main cause, as I conceive it ; ia the tenure of their Lands, 
 which are equally to be divided amongst all the sons of every Father, and 
 tnoae parcels alto to b subdivided even ad infinitum. Henct is if, that
 
 277 KOTES. 
 
 iu all the countries you shall hardly finde a field of corne of larger corn- 
 passe than au ordinary Garden; every one now having a little to himself, 
 and that little made lesse to his posterity. This Tenure our Lawyers call 
 by the name of Gavel-kinde; that is, as some of them expound it, Give all- 
 kinne ; because it is amongst them all to be divided. 
 
 " By this Tenure are their estates all holdeu in every of the Islands 
 except 6 only which are held in capite ; whereof 4 in Jarsey and 2 iu 
 Guernzey, and those called by the names of Seigneuries. The Seigneuries in 
 Jarsey, are first, that of St. Oen, anciently belonging to the Carterets ; and 
 that of Rossell, bought lately of Mr. Dominick Perin, by Sir Philip de Carteret 
 now living. 3. That of Trinity, descended upon Mr. Joshua de Carteret in 
 the right of his Mother, the heir generall of the UEmprieres. And 4. 
 That of St. Marie, vulgarly called Lammarez, descended from the Paines unto 
 the Family of the Du Moresque who now enjoy it. Those of Guernzey, as 
 before I said, are two only ; viz. that of Aiuwville and that of De Sammarez ; 
 both which have passed by way of sale through divers hands, and now at 
 last are even wornc out almost to nothing. The present owners, Fashion aud 
 Androes, both of them English in their parentage. 
 
 " The chief Magistrates in both these Isles, for as much as concernes the 
 defence and safety of them, are the Governours ; whose office is not much 
 unlike that of the Lord Lieutenants of owr shires in England, according as 
 it was established by King Alfred, revived by Henry III. and so con tin net h at 
 this day. These Governours are appointed by the King, and by him in 
 times of warre, rewarded with an annuall pension payable ont of the 
 Exchequer ; but since the encrease of the domaine by the ruine of 
 Religious houses, that charge hath been deducted ; the whole Revenues 
 being allotted to them in both Islands for the support of their estate. In 
 civill matters they are directed by the Bailiffs and the Jurates ; the Bailffit 
 and other the Kings Officers in Guernsey, being appointed by the Goveruour ; 
 those of Jarsey holding their places by Patent from the King."(pp- 302 305.) 
 
 Note 2, p. vi. 
 
 The wars which have so often occurred between England and France 
 since the Norman, conquest, have naturally kept that national aversion 
 alive, which is always the more intense when directed against a neigh- 
 bouring State. The attachment of the Islanders to their Sovereigns 
 sprung originally from a grateful sense of the immunities which they had 
 received from them. All the ancient Charters and official Documents are 
 invariably premised with au acknowledgement of the loyalty of the inha- 
 bitants. At the Reformation the bond of union became still closer from 
 the consciousness that their British connexion was their only guarantee 
 for liberty of conscience, and an exemption from those religious persecutions 
 to which they would have been exposed had they become French subjects. 
 Since the days of Mr. Falle, the wealth, the importance, and the commercial 
 prosperity of Jersey have prodigiously increased, and unite it still fur- 
 ther to Great Britain by the powerful motive of mutual interest.
 
 NOTES. 
 
 It is probable that the inhabitants long retained a strong sense of the 
 unresisting and disloyal manner in which the Normans suffered themselves 
 to be conquered under King John, and to this day, when the commou 
 people wish to express their utter contempt of a Frenchman or of : any 
 other Foreigner, they call him a Norman. Well may our countrymen pride 
 themselves in their superiority over a people, once their fellow subjects, 
 but who, till very lately had been debased by long ages of despotism and 
 superstition! 
 
 Note 3, p. vii. 
 
 Dr. Heylin is incorrect in his expression. The Norman Islands are not 
 annexed to the Crown of England, but are a parcel of the ancient patri- 
 monial dominions of the Kings of England as Dukes of Normandy. The 
 Islands retain their language, their laws and customs, which are totally 
 distinct from those of England, whose Parliament does not possess the 
 right to legislate for them without the intervention of King and Council. 
 When acts of Parliament are to extend hither they are transmitted by an 
 Order of Council, and even then they cannot be carried into effect, till 
 they have been registered in the Royal Court of the Island. May then 
 this kind of nationality, which reminds them so forcibly of their distin- 
 guished ancestors, continue long, and while they remain unshaken in their 
 zeal and loyalty to their Sovereign, may they never form a closer coalition 
 with a powerful state, in which that nationality would naturally be extin- 
 guished, and in whose constitution they would probably not be allowed to 
 participate but on the condition of bearing their share of an overwhelming 
 load of taxation. 
 
 The separation of Normandy from England seems to have been rather 
 a revolution than a conquest. The feodal proceedings of the Parliament 
 of France would have been of little avail had not the affections of the 
 people been previously alienated by the atrocities and bad government of 
 King John. The Royal Commissioners Pyne and Napper who repaired to 
 Jersey in 1591, who probably in their Ordinances spoke but the language 
 of former times, attribute the loss of the Duchy of Normandy not to a 
 conquest, but to the defection and unnatural rebellion of the inhabitants. 
 The expression rebellion is very striking when applied to an event which 
 had taken place 300 years before, and can only be understood to prove not 
 only the deeply rooted resentment, but the regret which was so lobg felt by 
 the British nation for the loss of those continental possessions. 
 
 Note 4, p. vii. 
 
 The trade of the Channel Islands was of very little consequence in the 
 time of Dr. Heylin. The date of the first construction of the Harbour and 
 Tower of St. Aubin is involved in obscurity ; but they are thus mentioned 
 under the name of Bulwarkes in an Order of Council of Edward VI. of April 
 15, 1550, soon after the unsuccessful attack of the French at Bouley Bay. 
 " And for as much that a greate parte of the safetie and commoditie of the
 
 270 NOTES. 
 
 same Isle dependcth of the good safe keeping of your havens, wee shall 
 on his Majesties behalfe, require you all, whose speciall interest resteth in 
 the same, joyniug your will and endeavours and good helpes together, to 
 contribute among yourselves for the speedye renforcinge of the Bulwarkes 
 of St. Albon's." The times are however much changed, the Channel 
 Islands in the centre of Europe and in its most temperate climate have 
 become considerable entrepots for the produce of the new States of South 
 America ; thus enabling them to acquire from their trade to those countries 
 a commercial importance, which they could have never enjoyed from the 
 most unlimited intercourse with the colonies of Great Britain. 
 
 It would not be the interest of either the Ports of Granville or St. Malo, 
 that these Islands should be annexed to France, as in that case, they would 
 become their rivals in trade, and from their excellent harbours, and the 
 industry of their inhabitants, would do them more injury from sharing 
 with them in common the advantages of French Subjects, than they can 
 do them now by their connexion with Great Britain. It is possible that, 
 if ever these Islands should fall into the hands of the French, this latter 
 circumstance might be a powerful motive to procure their restoration on 
 a subsequent pacification. 
 
 Note 5, p. ix. 
 
 This Gentleman has always been justly esteemed as one of the most 
 learned and upright Magistrates that this Island ever produced. His 
 descendants are still settled on the same estate in St. Saviour's parish. 
 His birth is thus noticed in the Register of Baptisms of that parish 1609, 
 " Jean Jlls tfEdouard Poingdestre fut baptisd le 16 Avril et prisente (au Saint 
 Bapteme) par Thomas Poingdestre Jlls Edouard."" His mother's name was 
 Pauline Ahier. (V. Reg. of Marriages, St. Saviour, 1606). He had a younger 
 brother, Thomas Poingdestre, born in 1613, who occupied the peaceful 
 and unambitious situation of Rector of St. Saviour, for 51 years, from 1638 
 till his death in 1689, when Mr. Falle, our historian, succeeeded him. Thus 
 all that remains of a useful life of nearly fourscore years is to be found ia 
 two or three entries of a parochial Register. 
 
 -" Where to be born and die, 
 
 Of rich and poor makes all the History." 
 
 Pope's Man of Rotj. 
 
 Mr. Poingdestre is also mentioned by Mr. Le Geyt, (Chap. IV.DesJure*) 
 but it is well worth while to draw the attention of the reader to the difference 
 of style between the uncompromising and constitutional magistrate, and 
 the honest, but rather courtly historian, who wished to be pleased with 
 whatever he had to relate. The facts are, Mr Poingdestre had stipulated 
 with Sir Edward de Carteret, the Bailiff, to be his Lieutenant; but as it 
 was then supposed that he could not be qualified without being a Jurat, 
 an Order of Council was issued to recommend to the people to elect him 
 to that office, a kind of congt <T4lire nullifying effectually the elective
 
 KOTES. 280 
 
 franchise of the Inhabitants. The appointment of Mr, Poingdestre to the 
 Lieutenancy was highly proper, but it ought to have been done consti- 
 tutionally. The circumstance is thus as it were incidentally mentioned by 
 Mr. Falle. " After the Restoration his services were had in remembrance 
 and his great abilities considered, and so he was made Lieutenant Bailly, 
 which honourable post he enjoyed several years, and bis seat on the 
 bench to his death in 1691." 
 
 Mr. Le Geyt's statement i as follows : 
 
 "En 1668 un Jure 1 Jut elu par Lettres de Recommendation du Roy. C'estoit 
 ' un homme d'erudition et de credit a la Cour, et il devait revenir d'Angleterre, 
 *' od il estoit demeure" depuis le retablissement du Roy Charles II. II atuit fait 
 f( accord avec le Bailly pour la place de Lieutenant, et telon la coutume il fallait 
 " le mettre sur le Bunc arant q't'il tint a la Chaire. II ne serait pas pint 
 " difficile d'etablir des Lieutenants Baillis de Roy, que des Jurez par recomman- 
 " dation, et pen de tels exemples feroient bientot perdre aux Baillis et aux habi- 
 " fonts leurs anciens privileges." 
 
 It results from this quotation, that Mr. Falle suppresses the irregularity 
 of Mr. Poingdeatre's election, and that what was but a mere private 
 arrangement with the then Bailly, Sir Edward de Carteret, is magnified 
 into a reward of his loyalty. What that arrangement probably was, Mr. 
 Le Geyt, who had been himself Lieutenant Bailly, mentions in another 
 part of his work. (Chap. III. Du Bailly.) " Avant V 'augmentation des gages 
 " par Jacques I, la Lieutenance du Bailly estoit touts gratuite ; on parlageoit 
 ' les seances de bon accord. Peu d pres le Bailly s'est conttnte de recetoir 
 " d'abord quelques honnesletes de son Lieutenant, puis il a stipule la moitie 
 des profits, c." 
 
 The inscription oa Mr. Poingdestre's monument is highly classical, and 
 very probably wasjttpm the pen of Mr. Falle himself. The reader will 
 not be sorry to see it here reprinted as it is still extant in St. Saviour's 
 Church. 
 
 " Jean Poingdestre, Ecr., Justicier en cette Isle, fut enterre dans le Temple de 
 St. Sauveur, le 4e. Septembre, 1691." (V. Reg. of Burials). 
 
 D. O. M. S. 
 
 Johannes Poingdestre, Armiger, 
 Hetc juxta situs, 
 Vir, duiu viveret, 
 
 la omni scientiarum genere eruditissimus 
 Utriusque praesertim juris peritissimus j 
 
 Graecanicis literis itti doctus, 
 Ut priscis illis Athenis oriundum natum,d4eeres : 
 Carolo Primo Sanetissimo Regi et Martyri 
 Diu ab Epistolis ; 
 
 Quo C33SO. 
 
 Post horrendos bellorum civilinm motus, 
 Quibus, Regiis Partibns semper addictissimus, interfntt, 
 
 HucTemeans 
 
 la araplissimtim Senatus nostri Ordinem ascitus, 
 Olim etiam Vice Ballivus, 
 Multis maximisque Exemplis editis 
 Pietatis in Deum et Eoclesiam,
 
 281 NOTES. 
 
 Fidci in Principem, 
 Cbaritatis in pat Hum, 
 Omnigeni officii in singuloE, 
 ]3onis hisce artibus senescens, 
 Ad sumrnam eetatem provectus, 
 
 Maturus Coelo, 
 Desideratissimus Terris, 
 
 PlacMissima tandem raorte obdormivit in Domino : 
 IV Nou. Sept. An. Dom. MDCXCI. 
 
 States LXXXIII. 
 Patri optimo, Amantissimo, 
 F.xiguum hoc Pietatis Monument urn 
 
 Mcerens Filius 
 
 Carol us Poingdestre 
 
 P. C. 
 
 Before closing this note about Mr. Poingdestre, it may be well to mention 
 that it was formerly held that no person was eligible to the office of Lieute- 
 nant Bailly without having been previously elected a Magistrate. On the 
 death of William Charles Lempriere, esq. Lieut. Bailly, the late Lord 
 Carteret, the then Bailly appointed Thomas Pipon, esq., to be his Lieu- 
 tenant. As the Island was then divided by local dissensions, the prevailing 
 party took very good care that Mr. Pipon should not be qualified by his 
 being elected a Jurat, And it is equally probable that a commendatory 
 Order of Council as in Mr. Poingdestre's case, would have been disregarded. 
 Government however cut at length the Gordian knot, by an Order of 
 Council, of the 17th of June, 1795, which decided the question in Mr. 
 Pipon 's favour. (Register of Orders of Council, Book 11. p. 334, 343.) 
 
 *Yote 6, p. ix. 
 
 Mr. Poingdestre's Manuscripts are valuable and interesting, and are 
 still in the possession of his family. They consist principally of a Com- 
 mentary on the Norman Code, or the Grand Coustumier de Normandie % 
 showing how far it has been either changed or modified by the local lawa 
 and usages of this Island, where, with those exceptions, it may be said to be 
 the law of the land. 
 
 Note 7, p. x. 
 
 It has a great deal of merit, but is not free from inaccuracies. The 
 Chart has been much improved by subsequent surveys, and by means 
 of better instruments than were in use in Mr. Dumaresq's time. We 
 would recommend the revised Chart of Captain Martin White, R. N. to 
 be bound with this Edition. As to the Map, all the subsequent ones seem 
 to have been copied from Mr. Dumaresq, with scarcely any alterations. 
 The inaccuracies about the situation of certain places, and the boundaries 
 of the parishes remain uncorrected. A good Map of the Island, marking the 
 military roads, and the principal internal features of the country is still 
 much wanted. This deficiency is however likely to be soon supplied, as 
 Mr. Elias Le Gros, a very able mathematician, and a native of this Island, 
 h now taking a trigonometrical survey of the same.
 
 NOTES. 282 
 
 Note 8, p. xi. 
 
 The Duchy of Lorraine was afterwards exchanged iu 1736 by its Duke 
 Francis Stephen, the husband of Maria Theresa of Austria, for that of 
 Tuscany, and ceded to Stanislaus the titular King of Poland, and father 
 in law of Louis XV. On the death of Stanislaus iu 1765, it was finally 
 incorporated with France, 
 
 INTRODUCTION. Note 9, p. xv. 
 
 Mr. Falle for many years, either as Rector of Trinity or of St. Saviour, 
 was a freqnent and active member of the States of Jersey, when resident in 
 the Island. His name appears in a Committee as early as the 19th March 
 1680. The act by which Mr. Falle was deputed to England by the States 
 is of the 30th of September, 1692, and two years after that Assembly voted 
 him and his Colleague John Durell, their thanks, (Dec. 20, 1694.) It was 
 probably that successful Deputation, and the patronage of Lord Jermyn, 
 the then Governor of Jersey, which opened the way to Mr. Falle's sub- 
 sequent preferment in England, where he ultimately fixed his residence. 
 
 Note 10, p. xx. 
 
 During the civil wars, tinder Charles the I, a large part of the Island of 
 Guernsey had sided with the Parliament. This probably occasioned the 
 mistake of Vaucour, as whatever differences of opinion might exist about 
 internal policy, there never was an instance in the Channel Islands of 
 the Inhabitants being desirous of passing under a foreign dominion. 
 
 Note II, p. xx. 
 
 After the Restoration, Dr. Daniel Brevint was preferred to the Deanery 
 of Lincoln. That distinguished scholar and divine wrote several theo- 
 logical works, especially one entitled The Christian Sacrament and Sacrifice, &c. 
 (See Falle's Library, A. I. 3.) composed as he tells us " at Paris, at the 
 " instance of those two incomparable Princesses, who for many years 
 " employed me in their service." And again "And really though they 
 " did understand all these scholastick points, especially the Princess of 
 " Turenne, whose clear and quick apprehension ; and neat and uuartificial 
 <( eloquence were wonderful, &c." (See Preface). His banishment oc- 
 curred from 1651 to 1660, having followed, during that period, the fortunes 
 of his Sovereign, and those of his Patron Sir George Carteret. Dr. Brevint, 
 though a native of Jersey, was of French extraction, one of whose 
 ancestors Cosme Brevint, a French refugee minister, is mentioned in the 
 MS. Chronicles of Jersey, lately published in Guernsey. (See Chapters 
 xxxviii and txii.) His father Daniel Brevint was Rector of St. John's, 
 Jersey, whose name often occurs in the proceedings of the States, from 
 1603 to 1615, and in Heylin's Survey, Book VI. Chap. ii. Daniel Breviut 
 was born about the beginning of the Seventeenth century. After Charles I 
 had founded fellowships at Oxford for the Channel Islands in 1636, he was 
 elected to that in Jesus College, from which he was afterwards ejected 
 for his loyalty during the civil wars. According to the Oxford Graduate, 
 he took his degree of Doctor in Divinity in February 1662. He died 
 
 Q 2
 
 283 NOTES. 
 
 iii the latter part of the reign of Charles II. I am not aware that there are 
 any individuals of that name remaining in this Island. His ancestor Cosme 
 Brevint, or rather Brevin,\>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<x annos . 
 
 " Ricardus Tertius i anno. 
 
 " Robertus Frater ejus vm. 
 
 " Willielmus Conquestos xxx annos ; post xxi aunos 
 
 " Fuit Rex Anglorum. 
 
 " Ricardus Secundus, filius Ricardi Senioris, cupiens Edwardnm in 
 " regnum restituere Anglorum, cum classe portu egressus vento flanle 
 " adverse, apud Insulam Grenewise, diu detentus, Normanniam revertitur." 
 
 Note 24, p. 16. 
 
 If we substitute the date 1835 to 1731 in Mr. Falle's note, we shall find 
 that the Channel Islands have now been separated 923 years from France, our 
 British connection since the battle of Hastings in 1066 is now of almost 766 
 years standing, and that since King John lost his Norman dominions in 1203, 
 these Islands have existed unconnected, and generally in a state of 
 hostility with the neighbouring Continent for 632 years, they have under 
 British protection, retained their nationality, together with their constitution, 
 their language, their usages and customs. It would be difficult to account 
 for this excessive duration on any common principles ; but be that as it may, 
 we cannot be too thankful to a gracious Providence which has thus preserved 
 us and our ancestors from having suffered all the miseries arising from that 
 despotism and anarchy, which would have been the result of our incorpora- 
 tion with the French Monarchy. 
 
 Note 25, p. 17. 
 
 The Channel Islands were not only as Mr. Falle says on the conquering 
 aide, but as the inhabitants were naturally attached to their own institutions, 
 it could neither be the wish nor the interest of their Sovereigns to operate 
 any change in them. 
 
 Note 26, p. 17. 
 
 Mr. Falle unintentionally passes a severe censure on the Government of 
 Charles the II, for the unworthy treatment they suffered to be shown to the 
 remainsof Oliver Cromwell. They had the cowardice to violate the ashes of 
 a man when, dead, at whose presence, when living, they would Uave trembled .
 
 2S9 NOTES. 
 
 Note 27, p. 25. 
 
 Tradition and the local appearance of the neighbourhood of Elizabeth 
 Castle confirm the supposition " That all betwixt the Castle and the Town 
 was once dry land." At what period that precisely happened, it is now 
 impossible to ascertain. We would strongly recommend such of our 
 readers as might wish to examine the subject more minutely to read the 
 learned Abbe Manet's Treatise on the Encroachments of the Sea in St. 
 Michael's Bay, (Saint Malo, 1829.) 
 
 The subsequent observations of our Historian on the Abbey of St. Helier 
 require some explanation. It appears from a Record of the Pleas held 
 in Jersey, the 2d of Edward II, (1308) by the Justices Itinerant, de Fresing- 
 field, de Barentin, and de Ditton, that the Abbot of Cherbourg was sum- 
 moned to establish his title to his possessions in Jersey. Whereupon he 
 exhibited two Grants of Henry II, by the former of which that Monarch 
 had endowed the Abbey of St. Helier with the Mill of St. Helier, with its 
 suit and service (resseantise) with the advowson of the Church of Trinity 
 and with the marsh of St. Helier, The Grant is dated Chester, but without 
 the year or the day of the month. It would however seem that this Grant 
 was made previously to the deliverance of the Empress Maud from the 
 perils of shipwreck and the foundation of the Abbey of Cherbourg. The 
 latter Grant has no date whatever, but states in substance that by the advice 
 of Rotthredus, the then late Archbishop of Rouen, that the Revenues of the 
 Abbey of St, Helier and of St. Mary of Cherbourg were insufficient to 
 maintain two regular communities, he had united them and ordered that 
 Cherbourg should be the principal seat of the Abbey. The Canons were of 
 the order of St. Justin, according to the statutes of Victor of Paris. It was 
 further ordered, that five Canons, at least, should be maintained in the 
 Priory of St. Helier, where they were to live regularly under the super- 
 intendance of the Abbot of St. Mary's Cherbourg. This latter deed is 
 attested by William, Archbishop of Rouen. 
 
 The. Abbey of St. Helier unless it had revenues out of the Island was 
 but slenderly endowed, nor is it obvious how it could be three times richer 
 than that of Cherbourg. The property which the Abbot was summoned 
 to account for before the Justices Itinerant, was a Yearly rent of 201 livres 
 tournois, 36 quarters of wheat rent, twenty hens, three capons, and 100 
 eggs, with appurtenances in the Parish of St. Lawrence. Add to this a 
 small hearth money from each of the tenants in the Parish of St Helier, as 
 well as the casualty of wrecks. 
 
 It is not evident what is meant by the Marsh of St. Helier, but as it is 
 mentioned in connection with the town mill, I should apprehend, that it 
 must have been the meadows between the mill and the sea shore, part of 
 which meadows form the site of the present town of St. Helier, and such 
 parts of the beach, if any, as might have been dry land under Henry II. 
 
 Note 28, p. 27. 
 
 The Channel Islands were of little importance at that early period, nor 
 could their value be discovered till some centuries after when England had 
 become a commercial country. Their trade, if it can go by that name,
 
 NOTES. 290 
 
 consisted in a fishery of conger eels, and exporting them to the continent. 
 It was then thought of so much consequence that the XX Article of King 
 John's Charter is on that subject. " Eodem tempore salicio congrontm Con- 
 stituta fait inter Festum Sancti Michaeliset Pasche, quam Ballivi Domini Regis 
 posuerunt ad firmam sicut expiscationem. Et salicio primo Jacta fuit et constituta 
 pro piscatoribus, qui piscem detulerv.nl inimicis Domini Regis." That is, " at the 
 same time the salting of congers was appointed to be between the Festival 
 of Michaelmas and Easter, which the Bailliffs of onr Lord the King farmed 
 out as being a Fishery. And this regulation for the salting of congers was 
 first made on account of the fishermen, who carried fish to the enemies of our 
 Lord the King." Dr. Shebbeare in his History of Jersey, Vol. 1. page 80, 
 mentions the same circumstance without quoting the article. 
 
 Note 29, p. 37. 
 
 It is remarkable that when Magna Charta was extorted by force of 
 arms from the most degraded of Monarchs, the principle of gratitude 
 obtained from him the same concessions for these Islands. The Charter 
 of King John, as it still exists modified by time and circumstances, is the 
 palladium of their liberties, and if ever infringed lo make them coalesce 
 into a closer union with the parent state, it would be fatal to that prosperity 
 which they have gradually acquired. What were the fortifications which 
 King John raised in Jersey I know not. On referring to an official account of 
 the feudal services which the Islanders owed to Henry III in 1248, and which 
 evidently represented them as they had been in the late reigns before the loss 
 of Normandy, the 9th article contains these remarkable expressions : 
 " Sed tempore illo castella non fiterunt in Insults." There was then a time 
 since the establishment of the Norman Government, that castles did not 
 exist in the Islands, a fact which seems at once to overthrow the popular 
 tradition that Gouray Castle, better known under the name of Mount- 
 Orgueil, was either built by Julius or some other of the Caesars. The 
 article iti question refers to the owners of certain estates, who were bonnd 
 by their tenures to have the custody of prisoners. Something of the 
 kind still exists at trials for felonies. But more of this in another place. 
 
 (4181 Note 30, p. 39. 
 
 Nam genus, et proavos, et qua non fecimus ipsi t 
 Vix ea nostra voco, 
 
 It is thns that a Roman Poet very justly says. But if any man may be prond 
 of his race, it is that of being sprung from brave and virtuous ancestors, whose 
 names linked with the history of their country, are rementioned with gratitude 
 by the latest posterity. The De Carterets prevented this Island from being 
 conquered by France daring the wars of the houses of York and Lancaster, 
 and it was one of that family who surrendered Elizabeth Castle in 1652 to the 
 Parliamentarians, the last fortress that held out for Charles II. When 
 George III was at Weymouth in 1806, the late excellent Sir Philip Carteret 
 Silvester was then an officer on board of a vessel which was honoured by a 
 Royal visit. He was presented to the Monarch, who turning round to 
 Queen Charlotte, observed : " This young man belongs to one ofthemost ancient 
 and most loyal families in my Dominions" 
 
 R 2
 
 291 NOTES. 
 
 Note 31, p. 39. 
 
 After the Normans had been conquered by France, it was natural that they 
 would coalesce with that country in a very short time. The loyalty of the 
 Channel Islands went no doubt a great way to preserve them from subjugation, 
 but they were then of so little value, and the Kings of France had then so 
 many other objects of aggrandisement in view, that it is highly improbable 
 any of the early efforts to reduce them were made on a large scale. The 
 Islands would have scarcely brought any accession of revenue, nor would 
 their occupation have rendered the possession of the neighbouring proviuces 
 of the continent more secure to that monarchy. 
 
 Note 32, p. 40. 
 
 In civil matters, this Island has no connection with Hampshire, or with 
 any other English County ; but in ecclesiastical, though annexed to the 
 Diocese of Winchester, the chief part of which is in Hampshire, it is under 
 certain limitations, as we shall have occasion to observe in another place. 
 The trade of the Islands with Southampton is of ancient date. Thomas 
 Overay one of our best Governors, and Vincent Tehy one of the Founders 
 of St. Manelier's Free Grammar School, had been both Merchants of South- 
 ampton (See pp. 129 & 262). There is a circumstance, so honourable to 
 the States of this Island and to the Corporation of Southampton that it 
 would not have been omitted had it been known by our historian. During 
 the plague which desolated England in 1605, the States had granted some 
 relief to Southampton, for which they received the thanks of its Corpo- 
 ration. We quote the act of the States : " Une certaine Lettre myssive 
 envoye'e de la part de nos voistas et amys Messieurs les Bourgeois de la 
 ville de Southampton, conteuaute nng remerciment et recougnaissance de 
 quelque subvention qui leur fut faite par le Corps des Estats de ceste Isle 
 de Jersey durant leur affliction de la maladie pestiferee, Ha este lue, et 
 bien cuteudue. Et d'aultant que par icelle iceux Bourgeois ne se trou veut 
 iugrats, mais s'obligent a nous faire la pareille, comine u leurs voisius 
 1'occasion s'offrant : II est trouve expedient, que ladite Lettre soit deub- 
 ment gardee pour ung memoire d'amitie et de charite d'ainsy faire a la 
 posterit6 future." (Etats, I Livre, 8 Avril, 1607-) 
 
 Note 33, p. 41. 
 
 During the late war with France, it was the intention ofthe States of Jersey 
 to have provided, in case of a attack from the French, for the widows and 
 orphans of the slain, by means of a general rate. Happily it was not necessa- 
 ry, as in a country where the population en masse, have to repel an invader, it 
 might suffer very severely, if the conflict was either prolonged or obstinate. 
 
 Note 34,2>. 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. 
 
 ' ' <U 
 
 noon after the office of Lieutenant-Governor to Sir Thomas Jermyn, whfch 
 he held to the end of bis life. In the Report of the Royal Commissioners' 
 Conway aud Bird in 1617, he is mentioned with commendation, and soon 
 after he was deputed by the States to negociate with the Privy Council for 
 the establishment of a set of Canons to bring hack this Island to conformity 
 with the Church of England. As it will appear in another part of these 
 Notes, it was iu a great measure owing to him, that that negociation was 
 brought to a satisfactory issue. It is commonly supposed that he supplied 
 Heylin with nearly the whole of the information, which he acquired about 
 Jersey during his short residence there in 1628, and which he afterwards 
 published in his Tour. 
 
 The friendship of such a man as Prynne speaks highly in favour of the 
 integrity and benevolence of Sir Philip, who had been able to conciliate 
 a prisoner, who was so different from him in his political principles, and 
 the natural austerity of whose disposition had beeu exasperated by civil 
 and religious persecution. 
 
 Prynne justifies the conduct of Sir Philip in his own way, by insinu- 
 ating that if left to act after his own judgement, he would have sided with 
 the Parliament. It was very natural for him to imagine, or rather to wish, 
 that he had brought over his friend to his own political opinions. It 
 is however reasonable to suppose that the noble nature of Sir Philip 
 execrated the tyranny which disgraced the former part of the 
 reign of Charles I, and sincerely sympathised over those sufferings of his 
 prisoner, which were so disproportioned to the nature of his offence. But 
 it is equally improbable, that after affairs had assumed a more sombre 
 aspect, and that he had to make his option between loyalty, or a dereliction 
 of duty to his Sovereign, he would have felt a moment's hesitation as to 
 what line of conduct he ought to pursue. Be it as it may in a matter, 
 which could only have been known to Him who is the Searcher of the 
 inmost recesses of the human heart, Sir Philip followed the most honourable 
 and constitutional course, and closed a long public career of forty years, 
 as a victim in the royal cause. 
 
 After the Restoration his family and friends caused a long and laboured 
 eulogium of his conduct to be inserted in the Records of the Royal Court. 
 (Livre du Samedi, No. 65, Nov. 24, 1668.) We have given that Document at 
 the end of this Sketch. 
 
 Sir Philip, however, was not a faultless character, and throughout the 
 whole of his long public life, there seems to have been an inordinate desire to 
 enrich himself, aud to aggrandise his family, by obtaining for them every 
 office of trust or emolument in the country. In a limited Society like that 
 of Jersey, it could not fail to excite a great deal of discontent, and the 
 breaking out of the civil war in England afforded his adversaries an 
 opportunity to endeavour to procure his ruin. Unhappily for him they 
 succeeded as far as he was personally concerned. Twenty-two Articles 
 were exhibited against him to the Parliament in 1642, aud though some 
 of ftfolse Articles may have been either exaggerated or false, and that a
 
 NOTES. 302 
 
 this distance of time, it may be impossible to prove others, yet enough 
 remain that can be substantiated from other authorities than that of the 
 Pseudo Mastix, which contains a copy of those Articles. It appears from 
 the Records that Sir Philip complained the same year of certain libellous 
 printed Articles against him, which had been circulated in Jersey, by 
 Henry Dumarcsq, Seigneur of Saumares, and by the two Bandiuels. 
 They pleaded not guilty, and offered to refer the matter to the King and 
 to his Parliament. Livre du Samedi, No. 45, 24e. Septembre, 1642. 
 
 The two Acts of the Court do not recite the Articles, but merely 
 charge the defendants with having published a certain libel containing 
 various articles tending to his dishonour. Certainly the imputations they 
 contained were not only calculated to give ofi'encc, but to destroy the 
 Lieutenant-Governor's public character. 
 
 The 5th Article charges him with intrusting ' with all the chiefest 
 places and offices those of his own name and family," &c. 
 
 A slight inspection of the Records -will show that a large proportion of 
 the members of the bench were persons of his name. In 1614 he took 
 advantage of an insult, which he received when on the bench from 
 Philip Maret, then King's Attorney-General, to cause his dismissal from 
 office, so that he might secure that situation for his own brother Elias De 
 Carteret. In 1638 he obtained the reversion of the office of Bailly, for the 
 same Elias De Carteret, and his son, afterwards the celebrated Sir George 
 De Carteret, at the same time that Helier De Carteret succeeded the 
 former as Attorney-General. 
 
 The 6th Article charges him further with occupying various offices 
 "incompatible in one person, for the indifferent administration of justice." 
 
 He was Lieutenant-Governor, Chief Magistrate, and Farmer of the Royal 
 Revenues, which situations are now very properly deemed to be incom- 
 patible with each other, and the partial union of which, at a subsequent 
 period, as described in the Second Volume of Shebbeare's History of 
 Jersey, was productive of the most serious inconveniences. 
 
 The last Article is remarkable, and shows that the eternising of offices in 
 Tone family was a very old grievance, and " that thete be no reversions 
 granted of offices, specially those of judicature' 1 '' had evidently a reference to 
 those Patents for Sir Philip's relations. 
 
 These reversions were already odious in this small, and then secluded 
 Island, almost two hundred years before : they were after a pertinacious 
 opposition finally abolished by the British Legislature. 
 
 This injudicious distribution of the royal patronage had a fatal effect. It 
 excited jealousies and animosities against the De Carterets, which as soon 
 as an opportunity offered, induced their opponents to intrigue with the 
 Parliament, which at one time nearly alienated the Island from the Royal 
 cause, and at another exposed it to the imminent danger of being dismem- 
 bered from the British dominions. 
 
 The names of David Bandiuel, Dean of Jersey, and of his son James 
 Bandinel, are intimately connected with this intestine struggle, and their
 
 303 NOTES. 
 
 fate was not very dissimilar to that of Sir Philip De Carteret. Our Histo- 
 rian, who lived so near those times, and who could not have been ignorant 
 of the conduct a;,d the misfortunes of those persons, seems to have inten- 
 tionally consigned them to oblivion. It is impossible, at this distance, to 
 collect more than a few scattered notices about individuals, who though 
 possessed of some local consequence, were not sufficiently influential to be 
 distinguished in the general history of the empire. It would have been 
 more commendable had Mr. Falle examined the nature c-f the animosity 
 they bore to the De Carterets, and left his readers to form an impartial 
 opinion of their own. David Bandinel Is said to have been an Italian, of 
 noble extraction, and perhaps he might have been a Protestant refugee, who 
 had fled from the intolerance and persecution of his native land. At the 
 time of the civil war, he must have been a very old man, as his name 
 occurs as Rector of St. Brelade in a sitting of the States of the 5th October, 
 1607. He became Dean of Jersey, by a Royal Patent of James I in 1620. 
 Heylin enters fully into the subject of his appointment, and it must be owned 
 that he gives an ample specimen of the talent of that divine for intrigue, 
 which enabled him to triumph over his competitors. In every profession 
 men will naturally seek their own advancement, and Bandinel did no mure 
 than what many others of more apparent sanctity and among all other 
 sects of Christians, would not scruple to do at the present day. But it 
 ought not to be forgotten that the circumstances are probably exaggerated, 
 and that Sir Philip De Carteret, from whom Heylin had received his 
 information, gave all the deepened colouring of an adversary to that 
 transaction. As Sir Philip had none of his connections in the Church, 
 his ambition was not directed into that Channel, and hence the two Bandinels 
 had obtained the Rectories of St. Martin and St. Mary, which were then sup- 
 posed to be the two best benefices in Jersey. The elder Bandinel had 
 long entertained a deadly animosity against Sir Philip De Carteret, to 
 gratify which he espoused the parliamentarian party, and persecuted his 
 victim with unchristian and unabated rancour to the brink of the grave. 
 It is however to be feared that Sir Philip had been the aggressor in endea- 
 vouring to deprive him of the legal endowments of his deanery. We shall 
 have occasion to speak again of those individuals, and we may just 
 observe in this place, that the descendants of David Bandinel recovered 
 from the effects of his overwhelming misfortunes : that several of them 
 have been distinguished for their learning and piety, and that the Ban- 
 diuela have ever since been numbered among the first families of the 
 Island. 
 
 Calamitous times are generally productive of unusual exertions 
 and of daring exploits. The troubles of the reign of Charles I had the 
 same effect even in a sphere so limited as that of the Isle of Jersey. 
 Among the men who seemed to have been born to steer the tempestuous 
 ocean of civil discord and political intrigue, there arose in Jersey Michael 
 Lerapriere, at one time the successful rival of the De Carterets, and at 
 another a proscribed wanderer from his home.
 
 
 NOf Eg. 304 
 
 While wo sympathise over his sufferings during an exile of eight years 
 from lfl-13 to 1651, as detailed by himself in the Pseudo Mastix andjhy Che- 
 valier, (See p. 6 of the former, and 1 Part S. 2 of the latter), and corroborated 
 by the Records of Jersey, it cannot be denied that they had been in a great 
 measure merited, and that his ambition and disloyalty, in accepting the 
 office of Bailly from a Parliament in rebellion against liis Sovereign, and 
 who had no constitutional right to dispose of lhat appointment, were highly 
 reprehensible. His cruel treatment of the elder Sir Philip De Carteret, at* 
 will appear in the following pages, will form a striking contrast with the 
 mild benevolence and the uncompromising loyalty of that accomplished 
 Gentleman. Such are the fatal effects of personal hatred, inflamed by 
 political dissensions and unprincipled ambition ! He was descended from 
 an ancient and affluent family, and had been a Jurat for some years, when 
 by virtue of his parliamentary Grant he became Chief Magistrate of Jersey 
 on the death of Sir Philip De Carteret. He was soon after expelled from 
 his office by Sir George De Carteret, and fled to England with several 
 others implicated in those troubles. It was during that period ofadversity, 
 that he and his friends Dumaresq and Herault, composed the Pseudo 
 Mastix iu answer to some of Prynne's calumnious allegations. On his 
 return to Jersey, after its subjugation in 1651, he resumed the office of 
 Bailly, till the Restoration, when he lost it a second time. He survived that 
 disgrace for some years ; but from that time, ueither his name nor that 
 of his friends Dumaresq and Herault ever occurred again in the Records 
 as being invested with any offices of trust. When he returned to Jersey 
 in 1651, all the proceedings which had taken place against him and his 
 adherents during the administration of Sir George De Carteret, were 
 annulled by an Order of Parliament of the 10th of September 1645, but 
 "which had not been registered before. Court of Catel 4th December 1656. 
 Hitherto we have considered him as a bad and ambitious man, influ- 
 enced by evil passions, and reckless of the means he employed for their 
 ^ratification. He was now become a Magistrate, and it does not appear 
 that he made an improper or a vindictive use of his power, as had been done 
 by Sir George De Carteret. Mr. Le Geyt, whose father had been a Jurat 
 and a zealous Royalist, says but little in his Manuscripts about his judicial 
 administration, though the inferences that might be drawn from that little, 
 are evidently in his favour. On inspection however, the Records were 
 better kept in his time, than they had ever been before, and it is from that 
 date that they begin to be in any tolerable order, or to be legible without 
 difficulty. The judgments of his Court were in general unexceptionable. 
 The Privileges and Charters of the Island remained untouched during 
 the Commonwealth, and generally speaking, the form and manner of 
 administering justice and of other official business continued to he the 
 same as they had been under the late King. It was then that the Bailly, 
 who was a man of ability and a native, interposed his credit to preserve 
 the constitution of his country, and to mitigate the military despotism 
 which Cromwell's Governors were exercising over his fellow citizens.
 
 305 NOTES. 
 
 Surely Ihat man could not have been destitute of integrity or patriotism, 
 who could effect so much in favour of a subjugated people, whose protracted 
 resistance, and still concealed hostility offered BO litte to abate the exas- 
 peration of their conquerors. The frequent and acrimonious mention 
 which Dr. Shebbeare makes of him in his History of Jersey, appears to 
 have originated in the unworthy motive of insulting his descendants at 
 the expence of historical truth. There is very little known about the 
 two other authors of the Pseudo Mastix, Henry Dumaresq and Abraham 
 Herault, except that they were both Jurats, and had been involved in the same 
 proscription as Michael Lempriere. The former was Seigneur of Saumares, 
 and the latter was an inhabitant of St. Holier, and resumed his seat on 
 the bench on his return to Jersey, in 1651. 
 
 Sir George De Carteret is the last whom we shall have to mention, though 
 he was undoubtedly the most successful, and the most important character 
 in our insular history of those unhappy times. It has been usual to speak 
 with unqualified approbation of his conduct ; but the fact is that his loyalty, 
 his courage and his success , have had the effect of casting a veil over his 
 darker qualities, while the studied silence of the Historian, and the great 
 number of years which have since elapsed, have effaced from memory many 
 reprehensible transactions, which were well known while they were recent. 
 
 Little is known for certain of the early life of Sir George De Carteret. 
 He was the nephew and son-in-law of the elder Sir Philip Ue Carteret, 
 and one of the sons of Elias De Carteret, of St. Peter's, who was Attorney- 
 General of the Island from 1614 to 1638, and whose monument with a Latin 
 inscription, is still to be seen in the Church of that Parish. The circum- 
 stances connected with his entrance into the navy, and his subsequent pro- 
 gress in that profession are unknown. Family genealogies, except when 
 they can be confirmed by authentic documents, are of little value. It has 
 not been possible to ascertain the exact date of his birth, though it is certain 
 that he must have been but a young man at the breaking out of the trou- 
 bles, as he was a son of a younger brother, sprung from the marriage of 
 Philip De Carteret in 1581. (See Chroniques, Chap. XLV.) His name first 
 appears in a Latin Patent registered at Heritage, in the Royal Court, (Fol. 
 218, I6th. June, 1638,) when his father and himself obtained the reversion 
 of the office of Bailly, on the resignation of that of Attorney-General by the 
 former. Captain De Carteret (for so he was then called,) was created a 
 Baronet according to Heylin's Peerage, the 8th May, 1645, and is said to 
 have distinguished himself against the Turks. This must however undoubt- 
 edly mean against the Barbary pirates, as Charles I never had any war 
 against the Ottoman Empire, and because the Records of Jersey, during the 
 greatest part of the Seventeenth Century, are full of documents relating to 
 the redemption of natives from captivity among those barbarians. Sec also 
 Chevalier, III Part, Sect. 144, about some Jerseymen whom Sir George had 
 redeemed from slavery among the Turks at Algieri. 
 
 If we suppose that Sir George obtained this reversion when he became 
 of age in 1638, it will agree with the second Article of the Charge? exhi-
 
 NOTES. 30G 
 
 bited by Sir Philip De Cartcrct's enemies to the House of Commons in 
 1642, and which have been preserved in the Pseudo Maitix, in which he is 
 represented as having 1 substituted his nephew, of about 23 years of age, to 
 govern the Island in his absence. The Authors of those Articles could hare 
 had no reason to disguise his age, in which they might have been so easily 
 detected.,' These particulars would appear unimportant, were it not for 
 Mr. Falle's observations, which he supports by a quotation from Lord 
 Clarendon, It cannot be denied that De Carteret had great merit, but it 
 would appear incredible in the present age, that so young a man, could 
 have already acquired that distinguished reputation, in his profession, 
 which would have induced a British House of Commons to offer him the 
 second command with the rank of Vice-Admiral. Doubts may therefore 
 be entertained about the accuracy of the two Historians, and it may be pre- 
 sumed that the high character here given to Sir George, was rather what 
 he justly deserved at a subsequent period of his life, than the conse- 
 quence of any thing he had yet done when he became Lieutenant-Governor 
 of Jersey in 1643. 
 
 Sir George De Carteret was an extraordinary man, who rose in trouble- 
 some times to the highest eminence. Sprung from an ancient and honour- 
 able family in a remote part of the Empire, he had to begin the world 
 without fortune or connections. He must however have already recom- 
 mended himself by some superior merit, to have been placed by his 
 Sovereign at the very beginning of the civil wars, in some highly responsible 
 situations, as we shall have occasion to observe in the course of this 
 narrative. There seems to have been a great deal of energy in his 
 character ; and to a mind capable of forming great designs, he united the 
 courage to execute them, and the perseverance necessary to their success. 
 There is something chivalrous, one might almost say romantic, to behold a 
 loyal and gallant soldier posted in this small insulated spot, boldly asserting 
 the cause of his persecuted Sovereigns ; still faithful to them under every 
 reverse of fortune and inflicting incalculable mischief on their enemies. 
 The astonishment will still further increase, that he should have been 
 able, with his own slender resources, and without any assistance from 
 the English Royalists, to maintain himself there during eight years, and 
 that it should have ultimately required the exertions of Blake, the first 
 naval commander of that age, with a large land army, to compel him to 
 surrender. And when obliged at last to capitulate, he managed matters 
 with so much address, and obtained such favourable terms, that one might 
 almost suppose, he had himself dictated the terms of capitulation to 
 the conquerors. 
 
 The emissaries of the Parliament had prevailed in Guernsey, but had 
 been unable to get possession of Castle Cornet, so that this fortress and 
 the Island kept up a kind of petty warfare, and occasionally fired at each 
 other. The garrison was supplied from Jersey during the whole of Sir 
 George's administration, and had it not been for his seasonable assistance, 
 the Castle would have easily fallen into the power of its assaillants. 
 
 T 2
 
 NOTES. 
 
 As if to add a further lustre to bis splendid career, lie had twice the 
 glory to entertain his exiled Sovereign with a numerous suite, when every 
 6ther part of his dominions had either raised the standard of revolt, or had 
 been awed into submission amidst the geueral defection. 
 
 It was not only the good fortune of Sir George De Carteret that he was 
 successful as a military commander, but that his conscience might have 
 applauded him, that the cause which he had embraced was to defend the 
 just rights of his Sovereign, and the constitution of his country. The 
 power of Parliament can be recognised in the Channel Islands, but through 
 the intermedium of the King, and therefore he and his uncle Sir Philip 
 acting independently of all other motives, were perfectly right in repelling 
 the interference of the rebellious parliament. Had it not been for the 
 timely interference of Sir George, the parliamentarian party would have 
 prevailed, and posterity would have had to lament that so many centuries 
 of loyalty had been marked by a momentary staio of disaffection. 
 
 There can be little doubt that his prudence and decision prevented the 
 Island, at one part of this lamentable struggle, from falling into the hands 
 ef France, and that it was the dread of his honesty and patriotism which 
 prevented the Goveinor, Lord Jermyn, afterwards Earl of St. Alban's, from 
 selling it to that Power. There is still a family tradition, that subsequently 
 to the year 1651, when 'he visited Paris, Cardinal Mazarine had him con- 
 fined for a short time in the Bastille. Almost two centuries before, the 
 desperate fortunes of Margaret of Anjou, the Queen of Henry VI, had 
 induced her to sell the Island to the Count de Maulevrier, from whom it 
 -was rescued, as we have already seen, "by one of th? De Carterets ; so 
 that it was also the glory of Sir George to have rivalled his ancestor, and 
 to haye saved his country from a foreign yoke under similar circumstances 
 of treachery. We shall resume this subject in Note 59. 
 
 The great mind of Sir George De Carteret could not be limited within 
 such a narrow sphere of action* He became a proprietary Governor of a 
 Province in North America, to which he gave the name of his country, and 
 where he induced many of its natives to settle. There is still an act of 
 the States of the 25th of September 1666, recommending emigration, as a 
 means of relieving pauperism. 
 
 The inhabitants of Jersey had long been desirous of having a fund to 
 build a Pier. The Royal Patent of 1668, granting them a small duty on. 
 wines and spirits for that purpose, alludes in its Preamble to an Act and 
 Petition of the States of as far back as 1618, a copy of which still exists, 
 though the original has been lost with the second book of the States. The 
 building of a Pier, and the erection of a College and a House of Correction, 
 seem to have excited the attention of Sir George De Carteret, even 
 during the most embarassing period of the civil wars. It appears from 
 an Act of the States of the 5th of March, 1645, 6, and also from another 
 Act of the 10th of December 1646, preserved by Chevalier, III Part, Sec- 
 tions 147 and 283, and also from Section 297, that Sir George De Carteret 
 was fully bent upon the establishment of a House of Correction. There
 
 NOTES. 808 
 
 can be no doubt therefore that that Patent was finally obtained by his 
 instrumentality and influence with the government of Charles II, after the 
 inhabitants had had already that object in view for half a century. (See 
 Jersey Codeof Laws, p. Q5.J 
 
 Thus far the character of Sir George was that of a hero, a patriot, and a 
 statesman, and calculated to captivate the imagination ; but candour will not 
 permit us to suppress the truth, or prevent our animadverting with severity 
 on some reprehensible traits in the conduct of our distinguished countryman. 
 
 He assumed at a critical moment the government of a little Island and held 
 it for his Sovereign ; but he made it during a peiiod of violence and 
 general calamity, the means of his subsequent aggrandisement and of the 
 prosperity of his family. The greatest part of the history of his adminis- 
 tration, in the tedious and prolix narrative of Chevalier, consists of uninte- 
 resting privateering expeditions, which had the effect of severely annoying 
 the Parliamentarian party and convincing them of the importance of Jersey. 
 Dumaresq, in his Manuscript (Chap. X.) says that he carried off 60,0()0, 
 and though that author, whose grand father Henry Dumaresq, had been 
 ah adversary of Sir George, might have been unfriendly, yet he would not 
 have made such an assertion, had it been without any foundation. This 
 certainly was not the loyalty of an Aristides or of a William Pitt. Cheva- 
 valier says also, that Sir George made good and lawful prizes of several 
 London vessels coming from the Mediterranean, and who knew nothing of 
 the commencement of hostilities, and that merely because the capital had 
 declared against the King. Such was the superstructure of a fortune which 
 enriched its owner, and raised his descendants to the English Peerage. 
 
 Sir George after the Restoration, was made controller of the Navy, till 
 he was involved in the disgrace of his friend Lord Clarendon, when, accor- 
 ding to Smollett's History of England, he was dismissed from his situation 
 for peculation. 
 
 While Lieutenant-Governor of Jersey in 1644, Sir George raised a forced 
 loan on the inhabitants for the public service ; but the following year having 
 procured the condemnation and confiscation of the estates of Michael Leni- 
 priere and his adherents, who had fled from the Island, he applied their 
 lands and rents to the repayment of that loan. Those who accepted of the 
 offer, received property of an uncertain tenure, from which they were 
 subsequently ejected after the subjugation of the Island, or else they were 
 told that they were to wait till the King's affairs should be in a more pros- 
 perous state, which vyas not afterwards the case, so they lost equally their 
 money. Hence perhaps has arisen the tradition that Charles II had bor- 
 rowed money from the inhabitants, which he never repaid. On the contrary 
 Sir George was created a baronet, and obtained a grant of Meleche, and 
 other manors, which were parcels of the Crown Lands in Jersey, all which 
 he afterwards secured to himself by the Capitulation of Elizabeth-Castle, 
 on the plea, that he had been thus rewarded for his services against the 
 Turks. The Royal revenues had formerly been more considerable, as 
 will appear from a comparison of the King's Rent Roll or Extent of 1607
 
 309 NOTTS. 
 
 with that of 1668. That diminution had taken place during the difficulties 
 of the lavish and improvident Charles, and it is remarkable that during his 
 residence in Elizabeth Castle, his principal adherents obtained from him 
 some of the most eligible Royal Domains in Jersey ; some of the Grants 
 of which are still extant, and registered in the first Book of Patents. 
 
 Sir George lived during the exasperation of civil discord, and when reli- 
 gious toleration and forbearance were almost unknown. Though some allow- 
 ances must unquestionably be made for circumstances, there still appears 
 to have been something particularly vindictive in his nature. After he had 
 been appointed Lieulenant-Governor of Jersey, it was to be expected that 
 he would endeavour to bring to condign punishment those who had treated 
 his relative and predecessor, Sir Philip De Carteret, with unheard of cru- 
 elty ; but it reflects an eternal disgrace on an otherwise, brave, and loyal 
 soldier, to have intrigued to get over such men as Poley, Vaughan and 
 Harrison, who by virtue of a mock Royal Commission, were made to 
 minister to his vengeance and avarice, by the indiscriminate condemnation 
 of all his political opponents. (Chevalier, III Part, 55 Section.} The humble 
 actors in those deplorable scenes experienced from him no mercy, and 
 were stripped of their little all, till the iron hand of necessity snatchfed 
 it again from the grasp of the oppressor. How different was the conduct 
 of Michael Lernpriere afterwards, who, when the loyal Islanders were pros- 
 trate at the feet of their conquerors, obtained in the shape of a pardon 
 from Cromwell, an exemption for the small proprietors, from the payment 
 of any compositions for their estates ! 
 
 It has been observed that not more than one third of the inhabitants 
 were ever in the interest of Parliament. It is indeed true that on Consti- 
 tutional grounds, we had nothing to do with that assembly, but it is equally 
 true that the former part of the reign of Charles I had been so arbitrary, 
 that ^ood and wise men might with a safe conscience appear in the cause 
 of liberty. The subsequent devoted loyalty of the Island made ample 
 amends for this early tendency to defection, and it is to be presumed that 
 not one of the inhabitants would have persevered in fhat course, but that 
 all would have joined unanimously in their sympathy for their unfortunate 
 Sovereign, with the exception of a few wanderers, whom the severity of 
 the Lieutpnant-Governor had banished and deprived of their fortunes, and 
 who perceived no prospect of ever being restored to their homes, but by 
 apparent adherence to the victorious party. 
 
 About the time, that the civil wars broke out in England, the Island of 
 Jersey had long been agitated by internal dissensions among the principal 
 inhabitants, for which it has been noted at every period of its history ; a 
 petty contention for power and distinction, and though on a very limited 
 sphere, not unlike the cabals of the Grecian Republics of old, or those of 
 the small Italian States of the middle ages. The two late reigns had 
 witnessed the acceudancy of the Paulets, and the disputes between Sir 
 John Peyton and the Bailly Herault, which terminated in the triumph of 
 the latter. These had been replaced under Charles I by the family of the
 
 NOTES. 311) 
 
 DC Carterets, of whom Sir Philip, of St. Oucn, was the head, a man whose 
 talents and patriotism would have rendered him worthy of the highest 
 statiou, but who had unfortunately excited the jealousy and the envy of 
 several of his co-temporaries. These availing themselves of the oppor- 
 tunity of these disastrous lime*, sought to humble their most successful 
 rival, and to precipitate him from his high elevation, to advance themselves 
 by joining the party, who had taken up arms against the crown. 
 
 When the Island was brought hack, after a temporary secession, during 
 the reigns of Elizabeth and James I, to conformity with the Church of 
 England, David JBandinel, then Rector of St. Brelade, was appointed Dean 
 by a Royal Patent, dated 20th of January 1620, as we have had occasion to 
 mention before. The great tythes of the Parish of St. Saviour had been 
 withdrawn from the revenues of the Governor, and annexed to the Dean's 
 Office. After having peaceably enjoyed it more than 20 years, Sir Philip 
 De Carteret, who in addition to his other appointments, was also farmer 
 of the Governor's revenues, brought an action against the Dean to deprive 
 him of those tythes, on the plea, that the Patent of Sir Thomas Jermyn, 
 the Governor, which contained a grant of those tythes was older than 
 that of the Dean ; but as no such Patent was produced, the Court had 
 decided in favour of the defendant. Sir Philip appealed from this decision 
 and procured a Warrant from Charles I to sequestrate those tythes till it 
 could be established to whom they belonged. Sir Philip was evidently the 
 aggressor, and highly blameable for attempting an invasion of property, 
 whose destination had been so long secured by a Royal Patent. Had he 
 succeeded, it would have annihilated the deaconal dignity, unless, the crown 
 had provided for it by some other endowment. The Warrant was pre- 
 sented to the Royal Court, the 5th of May, 1642, but as Bandiuel defended 
 himself, he obtained justice, and an Order of Council of the 8th of August, 
 1642, reinstated him in the enjoyment of his property. (Chevalier I Part, 
 Section 16, et Livre du Samerli, No. 45, 17 Sept. 1642. J 
 
 The rankling which such an iniquitous transaction tended to excite in a 
 haughty and vindictive bosom could not be mistaken and the indulgence of 
 that feeling was by a kind of fatality, the indirect cause of the destruction 
 of both those individuals, and of incalculable mischief to their country. 
 It was during that state of irritation that the civil war broke out in 
 England. Sir Philip was then extremely unpopular with several of his 
 colleagues on the bench, aud Bandinel gladly availed himself of the dissa- 
 tisfaction of some, and of the ambition of others, to make them the instru- 
 ments to gratify his own private resentments. Michael Lempriere, 
 Seigneur of Maufant, was the ablest, and perhaps the most ambitious of 
 those gentlemen, while he plainly saw that the continuation of Sir Philip 
 De Carteret's ascendancy was incompatible with his own prospects of 
 advancement. Sir Philip was in London, at the beginning of those com- 
 motions, and according to the Pseudo Mastix was highly countenanced by 
 PryHne ; but though he might have negociated for the peace of the Island, 
 it was not Hkely that he would ever have been prevailed upon to declare
 
 31 1 NOTfeS. 
 
 against (he King. His opponents from Jersey, happened to be also in Lonr- 
 don, and prepared a Petition with 22 Articles against him, to be laid before 
 the House of Commons. These were shown to several of the members, 
 but through Prynne's management they were not presented. They persevered 
 however, and the Petition and Articles were presented to the Lords, who 
 summoned Sir Philip to appear before thm. He foresaw the impending 
 storm and pretending that Jersey was in danger of being invaded by a 
 French army from Britany, obtained permigsion by means of Prynne and 
 his friends to return home, without giving in any answer to those Articles. 
 It was thus that he escaped the machinations of his enemies, and was 
 enabled to keep Jersey for his Sovereign. It is of this precipitate retreat 
 that his enemies bitterly complain, and indeed it is not the least extraor- 
 dinary occurrence of those extraordinary times, that it was a zealot like 
 Prynne, who unintentionally might have sa^ed Sir Philip from the block, 
 and prevented the occupation of the Island by Parliament. It is impos- 
 sible not to admire the ways of Providence ia the surprising concatenation 
 of human events. Had it not been for the friendship which Prynne had 
 formed with Sir Philip during his accidental imprisonment in Jersey, it is 
 probable, that the latter would not have been suffered to leave London, that 
 the Island would have been secured for the Parliament, and that the bril- 
 liant and successful career of Sir George De Carteret, would have never 
 taken place, nor the people had an opportunity of distinguishing their 
 loyalty. 
 
 On his return to Jersey he found that those Articles had been printed, 
 and were then circulated there by his political adversaries. Chevalier 
 mentions, but does not give those articles at full length ; but as a great part 
 of the subsequent history is connected with them, and that they were 
 always made the pretext to prevent any accomoclation, we shall borrow 
 them from the Pseudo Mastix. The existence of those Articles is further 
 ascertained from 2 Acts of the Cour du Samedi, N. 45, September 24, 1642. 
 
 " An Humble Information of the State of the Isle of Jersey and Grie- 
 " vances of the Inhabitants, 1642. 
 
 " 1. Shewing that the personall residence of a Governor well qualified, 
 (( in a frontier place, is most requisitt for his Majestie's service and secu- 
 " ritie of that Island. 
 
 " 2. That Sir Philip Carteret the now Deputy of Sir Thomas Jer my n 
 " hath lately in his absence substituted a Nephew of his of about 23 years 
 " of age ; and the last Summer he committed the charge to his eldest 
 " son, scarce 21 years old ; such young and unexperimented Commanders 
 " being well knowne to be unfitt to be putt in trust of a place of impor- 
 " tance ; and for the militia and defence of the country in soe troublesome 
 " and dangerous a time. 
 
 " 3. That as the case now stands, the dispensation of the residence of 
 " a Governor living in England doth not only impoverish by the expor- 
 " tation of the monies due unto him, out of the King's Revenues there, 
 " but besides that, it doth weaken the State, that a Liefteuant-Governor
 
 NOTES. 312 
 
 " out of the Isle, aud of nocessitie one of the best rank?, cannot perform 
 " the personal! services that he oweth to the country with that attendance 
 " of men and furniture of armes as he is bound unto, but all is contracted 
 " and reduced in one. only family and place. 
 
 " 4. That for the avoiding sundry inconveniences and jealousies, it is 
 " the gcnerall desire of the inhabitants, that the Deputy be a native of 
 " England or Wales, as was ordered by Henry VII upon a survey of that 
 " Isle, and a man of sufficient ability to command within and without the 
 " Castles ; and to that intent that aufficiencie is expressed iu all the 
 " Patents of the Governor. 
 
 " 5. That Sir Philip Carteret doth intrust with -all the chiefcst places 
 " and offices those of his owne name and family ; the island consisting of 
 " 12 parishes, 7 Carterets being Captaines besides 2 Nephews, and a bro- 
 " ther-iu-law, to get the whole power and disposing of the island into his 
 " owne hands. 
 
 " 6 That the said Knight the now Deputy, beares sundry offices, 
 " incompatible in one person for indifferent administration of justice, to 
 " be Governor, Baillif, and Farmer of the King's revenues, escheats, for- 
 " feitures, fines, and casualties, and so is judge and party at will. 
 
 " 7. That he procureth the nomination and election of his owne creatures 
 " and kindred for the judicature in the bench of justice, by letters and 
 " messages, when the Parishes by order of the Court are commanded to 
 " proceed to the election of a Jurate by votes. 
 
 " 8. That he hath opposed the free election of the ablest men, that 
 " were named by votes of the country for the bench of justice according 
 " to the privileges. 
 
 9. That he makes himself formidable by his violent and tyrannical 
 " carriage and publick threats in the seat of justice, against those Justices, 
 " or others, that cannot comply and side with his designes, and with fear- 
 " full termes to be revenged by him and his., against them and theirs, in 
 " open Court. 
 
 " 10. That he hath presumed of his own head to raise and impose 
 <( customes unheard of on the goods imported into the Isle, against the 
 " Liberties and Charters of the Isle, namely of Henry VII. 
 
 c * 11. That since he is deputed he hath oppressed the people, by selling 
 " at a high rate the Licences for the exportation out of England of those 
 " commodities, which are granted by Warrants and Patents, of Wools, 
 " Leather and Sea Coals, for the reliefe of the subjects, those commodities 
 " being ingrossed and raised to an excessive price to the beggaring of 
 " the country. 
 
 " 12. That he keeps no resident Minister for the service of God, in the 
 " Castles, as the practice hath been in the former Governors, and pres- 
 " cribed by order of the Lords ; bnt supplieth that now and then, by desti- 
 " tuting the parishes on the Sabbath dayes. 
 
 ".13. That without forme of justice and judicial hearing, he hath 
 " commanded some gentlemen of the best ranke in the Isle, to appear
 
 313 NOTES. 
 
 " before the Lords within 40 dayes, and upon their appearance here, he 
 <* hath never moved the Lords, or any prosecution at all about the cause 
 " of their appearance. 
 
 " 14. That with an arbitrarie power and subversion of the lawes, he 
 " doth release out of prison, without consent or Act of the Court those 
 " that are committed by sentence. And sometimes himselfe, either as 
 ' Governor, or Baillie doth committ to prison against the expresse words 
 " of the priviledges, without order of the Court. 
 
 15. That he hath hitherto given no accompt in the Isle of the great 
 " summes of monies received by him out of the Exchequer or the Lord 
 " Treasurer, for 200 English souldiers billeted there for the years 16S8 
 " and 1629. He being the Captaine, some small portion he hath payed, 
 " when it hath pleased him, and to great numbers nothing at all. And to 
 " get in the pavement of the said monies, he tooke an acquittance of the 
 " Constables, to shew that he hath disbursed the summe out of his owne, 
 " and hath left a Bound of that which is due, in their hands ; and nobody 
 " dares undertake the prosecution of the businesse, or any grievances 
 " against him, for feare of his powerfulnesse and revenge, with the charge 
 " to be sustayned here. 
 
 " 16. That some contracts have been made in the Castles betwixt some 
 " prisoners there, and some of his to gctt a pardon here for crimes of false 
 " coyning of French and Spanish coyne. And the said prisoners paid 
 " aforehand, to some of his ownc, great summes, and for the remainder 
 " were bound in a bond left in the band of his Porter of the Castles. 
 
 " 17. That against the customes, and with great discontent of the 
 " people, he hath entertayned frequently in the Castles, some Gentlemen 
 " of great quality, fled out of France, prosecuted there for high Treason ; 
 " this contrary to former injunctions, concerning strangers, not admissible 
 " in those places. 
 
 18. That he had procured of his owne head from the Lords, the 
 " alteration of some of our Lawes and Customes, without due consent of 
 u the States of the Isle. 
 
 19. That he sett an excessive price upon the wheat rents, due to His 
 " Majesty without the advice of Justice, as the former course hath beeno. 
 20. That whereas some have beene admitted into the seate of Jns- 
 " tice without due election and votes of the Country and Jurats, and 
 " against whom there are great exceptions ; that those persons be re- 
 " mooved. 
 
 " 21. It is hnmbly desired that the. justice may Tisitt the Castles once 
 " a yeare as it hath beene formerly ordered. 
 
 *' It is further desired, (for the avoyding of eternising of offices Jn flne 
 " family, and that all men may still supply in them), that there be no rever- 
 " sions granted of offices, specially of those of judicature in the Isle. 
 
 " For proofe and prosecution of the Premisses, a great part of them 
 committed in this happy time of Parliament, and many other defec- 
 " tuosities.
 
 NOTES. ' 314 
 
 " It is humbly desired, that the Deputies named and choncu the last 
 " Summer may be sent for." 
 
 It is impossible at this time to enter minutely into an examination of 
 those charges, some of which were unquestionably true, the greatest part 
 exaggerated, and a few totally false ; but they derive thoir importance from 
 the misfortunes which they produced to Sir Philip, and the vicissitude* 
 which afflicted his distracted country from 1643 till the Restoration of 
 Charles II in 1660. 
 
 Sir Philip on his return resumed the government, but as early as March 
 1612, the Parliamentarian Party in Guernsey had prevailed over the 
 loyal part of the inhabitants ; but were unable to take Castle Cornet, into 
 which Sir Peter Osborne, the Lieutenant-Goveruor, had retired. With 
 the assistance it frequently received from Jersey, it was successfully de- 
 fended to the eud of the war. He now began to manifest openly his 
 inclinations for the Royal Cau*e by the appointment of loyal officers in the 
 garrison and in the militia, at the same time doing all in hia power to recall 
 the population to their duty, a part of whom were inclined to disaffection, 
 from that fickleness of the vulgar, ever ready to be discontented with (he 
 existing authorities, and to anticipate great advantages in political changes. 
 At the same time he prepared to resist any effort which might be made 
 by the Parliamentarians, and proclaimed traitors all who would not join 
 him to declare for the King. On his late return from England he had 
 brought back with him a Commission of array, which he laid before the 
 Slates on the 16th of February 1642, 3, by which all loyal subjects were 
 required to assist him in the defence of the Island and Castles, as they were 
 bound on their allegiance, and in obedience to hia Majesty's Commands. 
 (Pseudo Mastix, p. 2628 ; and Chevaliet, 1 Part, S. 19.) 
 
 It is supposed that this Commission had been transmitted to Sir Philip, 
 to defeat the designs of the Parliament, who had then an intention to 
 appoint the Ea-l of Stamford to be Governor of Jersey iu the room of Sir 
 Thomas Jermyn, who supported the Royal Cause. The Earl of Warwick 
 was however shortly after made the Parliamentarian Governor. 
 
 When Sir Philip presented this Commission to the States he called the 
 Earl of Stamford a traitor, and after advising them and the people at large, 
 he added that for his part he would keep the Castles for the King. His obser- 
 vations were well received, and the Commission was ordered to be register- 
 ed, a copy of which has been preserved iu the Pseudo Mastix, but- the ori- 
 ginal has perished in the Second Book of the States. Within a few days of 
 this, the Commission was publickly read in ten out of the twelve pa- 
 rishes, by means of such of the Captains of the parochial bands of Militia 
 as were favourable to him, to instigate the people to oppose any Governor 
 who might be sent by the Parliament. This was followed by a strong Act 
 of adherence to be signed by the people, and confirmed by an oath to 
 support the Lieutenant-Governor implicitly according to the tenor of the 
 Royal Commission. According to the Pseudo Mastix the greater part 
 of the inhabitant* refused to sign it ; and after making allowances for the 
 
 U 2
 
 31.5 NOTES. 
 
 prejudice! of the Author, it is evident that the measure did not meet 
 
 with general approbation. 
 
 In the mean time, his nephew Captain George Carteret, was employed 
 by the King to sell at St. Malo the prizes which had been captured 
 on the Parliamentarians, with the proceeds of which ho supplied the 
 Royalists in the West of England with ammunition, and victualled the 
 Castles of Jersey and Guernsey. Captain Carteret came to Jersey with 
 a cargo of prize goods, which he was conveying to St. Malo, and was well 
 , received by his uncle, the Lieutenant-Governor. This excited the indig- 
 nation of the parliamentarian party, and hastened the approaching crisis. 
 Sir Philip excused himself, observing 1 , that it was not in his power to hinder 
 an officer who was acting under a Commission from his Majesty, and 
 indeed that he could not blame a servant for serving his master. This 
 state of things did not last long, the Gentlemen who had lately exhibited 
 charges against him to Parliament renewed their solicitations, and obtained 
 a Commission from the Committee for the defence of the Kingdom to appre- 
 hend Sir Philip De Carteret, and to bring him over to answer for his con- 
 duct before the House. His property was to be laid under sequestration and 
 the execution of this Commission was intrusted to five of the Jurats, 
 Francis De Carteret, Henry Dumaresq, Michael Lempriere, Benjamin 
 Bisson, and Abraham Herault, but the first of these declined to act. They 
 were further directed to put down all tumults and factions, which might 
 be raised in Sir Philip's favour, and to suspend all persons from offices of 
 trust or command who had espoused his party. The Commissioners had 
 power to arrest and imprison all refractory persons or loyalists, if they 
 should see cause ; and lastly, all his Majesty's subjects were ordered not 
 to obey the authority of Sir Philip any longer. (Pseudo Mastix, p. 35.^ 
 
 A report seems to have been then industriously spread in the Island, that 
 the Protestant Religion was in danger, and that as the Queen was a Catho- 
 lic, so was the King inclined to popery. This was the principal reason 
 which induced many well disposed but credulous inhabitants to join in the 
 cause of disaffection. As for the chiefs, this was a mere pretence, their 
 real motives were personal hatred and envy of Sir Philip, and the desire 
 to aggrandise themselves by his destruction. 
 
 Soon after this Sir Philip convened the States to lay before them another 
 Commission which he had received from the King. (PseudoMastix,p,V&.) 
 At this meeting none of the Parliamentarian Commissioners, with the 
 exception of Michael Lempriere, were present. Their Commission, as 
 well as another lo apprehend Sir Peter Osborne, had been transmitted to 
 them secretly, and they only waited for au opportunity to carry it in exe- 
 cution. Sir Philip had been informed of the circumstance, and was on 
 his guard against their machinations ; but he did not expect that they 
 would dare to lay hands on him, as long as he was invested with the 
 King's authority. Sir Philip came to the Court House where the States 
 were held, with a detachment of from 30 to 40 soldiers to guard the 
 doors, as was then the case when the States met, a remaius of which
 
 NOTES. 316 
 
 military parade is still observable on the first day of the Court of 
 Heritage. After Sir Philip had communicated the Commission which 
 he had received from the King, Michael Lempriere rose to KOJ that 
 lie had also to lay before them a Commission from the Parliament, to 
 apprehend the Lieutenant-Governor, and to send him to England to 
 answer the charges agaiust him. We cannot but admire the audacity and 
 the firmness of nerve of the individual, who could thus singly present such 
 an offensive document amidst the uproar and confusion which it natu- 
 rally occasioned. The Slates however would not even suffer a copy of it 
 to be read, because they would not in any manner recognise any Commis- 
 sion coming from the Parliament, and the more so, as they pretended, 
 that it was not satisfactory, but must be a counterfeit Commission, 
 and insisted for the production of the original. The scene that followed 
 was highly outrageous and disgraceful, and the account that the Pseudo 
 Mastix and Chevalier give of it is the same in substance. After Michael 
 Lempriere had presented his Commission, and attempted in vain to obtain 
 a hearing about its contents, his opponents obliged him to remain to the 
 end of the sitting, that he might hear the Royal Commission read. Sir 
 Philip said that the substance of that Commission to him was to keep the 
 Island and Castles for his Majesty, to oppose all other authority, and to 
 require them to maintain that Commission and to induce the people to 
 declare for the King. He added besides that the Islanders had nothing 
 to do with <he Parliament, but only with the King and his Pi ivy Council- 
 Lempriere replied, That it was not necessary to declare themselves, but 
 that since Sir Philip had done it so decidely for the King, he ought to 
 have exhibited less duplicity in his dealings. This so inflamed him, that 
 he retorted that he was a traitor and an apostate, and commanded one 
 of the Officers of the Court to turn him out of the Assembly as a traitor. 
 Lempriere asked him to give him the reason why he called him a traitor. 
 The reply was that it was for desiring a governor from the Parliament, 
 who had since been declared to be a traitor by the King, meaning the Karl 
 of Stamford. With unabated firmness, Michael Lfmpi-iere still insisted, 
 that Sir Philip De Carteret should obey that Warrant for his apprehension, 
 and justify himself before the Parliament. Lempriere then attempted to 
 rush out of the Court House, but he was met at (he entrance with the 
 halberds and drawn swords of the soldiers pointed at his breast, and driven 
 back by them into the Assembly. It is uncertain whether this attempt 
 to withdraw himself was with the view of raising a force to apprehend 
 Sir Philip, or whether it had some other motive. In the mean time u 
 report rapidly spread out of doors that Lempriere was forcibly detained in 
 the Court House, James Stocal, one of the Militia Colonels, rode through 
 the parish of St. Saviour to raise the people to come to Lempriere's assis- 
 tance, who was one of their fellow parishioners, while some armed detach- 
 ments from the parishes of St. Clement and St. Ouen were already 
 advancing towards St. Helier to his relief. It is to be presumed that this 
 measure had been taken by the Commissioners, to get a larg-e body of.
 
 317 NOTES. 
 
 people unJer arm*, who might without difficulty overpo-ver the detach- 
 ment whom Sir Philip had stationed to guard the Court House, and appre- 
 hend him without any resistance as he came out of the States. But in the 
 mean while his friends contrived to send a boy to inform him that the 
 militia of some of the parishes was rising, and that some detachments of 
 it were already on their march towards the town. As soon aa he had 
 received this intelligence, he raised the States, and made a precipitate 
 retreat to Elizabeth Castle. Had he not taken that step, he would inevi- 
 tably have been arrested by his enemies, and sent to England as 
 they were directed to do by their Commission. From that day Sir Philip 
 never again returned to St. Helier. As the book of the States is lost, it is 
 not easy to ascertain dates, but this memorable sitting must have taken 
 place about the end of March 1643. (Pseudo Mastix Chevalitr, 1 Par/, S. 23.) 
 Had the Parliamentarian Commissioners succeeded in apprehending Sir Phi- 
 lip in the States, it is not probable that the Castles would have been surren- 
 dered to them ; but the experiment would have been fatal to him, as he 
 would have been sent to England, where he would have been detained a 
 a hostage, if not doomed to perish on the scaffold. 
 
 Within a few days after, Sir Philip convened the States to meet in Eliza, 
 beth Castle, where a Petition in his favour to both Houses of Parliament 
 was approved of with respect to the Parliamentarian Commission, in which the 
 Petitioners expressed, that he was ready to answer the charges against him 
 to King and Parliament, but not to Parliament alone. (Pseudo Mastix p. 33, 
 and Chevalier, 1 Pait, S. 24.) Prynne was of opinion that if it had been 
 presented, it would have had a conciliatory effect, and wou'd have settled 
 the Island in quietness. The dispatches were intrusted to one Osmond Cooke, 
 a dependent of Mr, Prynne, and to John Le Couteur, one of Sir Philip's 
 agents, the same person who was afterwards a Denonciator of the Royal 
 Court. They were however intercepted and laid before the Committee 
 of the defence of the Kingdom, who judged the dispatches to be of a 
 dangerous tendency, and had them suppressed. As to the messengers, they 
 were sent to prison, from which they were however soon after released 
 by Mr. Prynne's interest. 
 
 It was probably during this mission of Osmond Cooke that Sir Philip 
 had formed a plan to extricate himself from the annoyance of those 
 Articles against him. It was a Commission which was to have been em- 
 powered to hear and decide all causes and differences, which might 
 have happened there. The plan appears to have been concerted 
 between Sir Philip and Mr. Prynne, and was even subsequently acknow- 
 ledged by the latter before the Committee of Examination. The scheme 
 though blamed by Sir Philip's adversaries, (Pseudo Mastix p. 65), was 
 practicable and constitutional, and the precedents of the Royal Commis- 
 sioners of 1617 and 1618, in which Sir Philip himself had taken au 
 active part, were fresh in the recollection of both parties. The Commis- 
 sioners had been ingeniously selected to defeat the intrigues of his enemies; 
 Mr. Prynne, Sir Peter Osborne, Lieutenant- Governor of Guernsey, and one
 
 NOTES. 318 
 
 Captain Dorell. But Ihe thing had been overdone, for when Osmond 
 Cooke presented the Commission at Oxford for the Royal signature, His 
 Majesty refused to sign it on seeing Prynne's name. Sir Philip had de- 
 pended much on this scheme, for if they had acquitted him in Jersey, 
 there would have been an end of the matter, or if found,guiity, it would 
 not have, benefited the Parliamentarians, for with the Castles in bis 
 possession, he might have bidden defiance to all their efforts. (Pseuda 
 Mastix p. 65,) His nephew Sir George bad recourse to the same expe- 
 dient two years after in procuring the Royal Comm'ssion for the profli- 
 gate John Nicholas Vaughan, and his two associate Commissioners, 10 
 enable him to effect the ruin of bi political adversaries. 
 
 As it is in the recollection of most of our readers, that the precedent of 
 Le Conteur was adduced for the nomination of a third Denonciator in 
 1832, we shall quote what Chevalier says of that individual. " Ce meme 
 " jour (12Juillet, 1645.) Jean Le Cousteur prit serment de Denonciatenr, 
 " ce uon obstant qu'il y en eut un autre du precedent, lequel ne fut point 
 " inis hors de sa place, mais continua a etre Denonciatenr avec ce dernier, 
 " y ayant alors deux Denonciateurs d'un nidme temps, qui toit la premiere 
 " fois que cela fut fait. Monsieur le Lieutenant-Gouverneur luy fit avoir 
 " TOffice en remuneration de ce qu'il avoit ete. Depute, pour avoir et vers 
 " sa Majeste, pour les affaires dudit Sieur Lieutenant ft de 1'Estat." It is 
 thus that as truth is always consistent, Chevalier and the Pseudo Mastix 
 confirm each other, so as to leave no doubt about the true reason of the 
 appointment of a second Denonciator. Mr. Le Geyt's account of it is not 
 very different. Le Couteur had been employed on a delicate and dan- 
 gerous service, which, if it had succeeded, Sir Philip De Carteret would 
 have been tried by Commissioners of his own choice, and acquitted 
 of those charges, which could not fail to have caused him a great deal 
 of uneasiness. After the Restoration Le Conteur retained his place, but 
 he does not seem to have been very successful in it, as he closed his long 
 professional career by being a Bankrupt. CSee Acts of the Saturday^ Court 
 of the 16/A of April, and the 9lk of May, 1670, and Chevalier, III Part, S. 68 .) 
 
 We are now come to that period when matters were hastening to a 
 crisis. The Parliamentarian Commissioners were in possession of the 
 Island, while Sir Philip De Carteret held Elizabeth Castle, and Lady De 
 Carteret, that of Mount Orgueil for the King, in which they were be- 
 sieged, or rather blockaded by their enemies. The whole of their 
 operations amounted however to little more than an interruption of 
 the usual communications, and occasionally exchanging a few shots. It 
 is not the intention of this work to enter into minute particulars, which 
 would be uninteresting to many of our readers, and have besides the 
 effect of increasing this publication to an inconvenient size. 
 
 A calumny had been raised against Sir Philip and his nephew Captain 
 De Carteret, that they favoured the Irish rebels, who about that time 
 had committed the most horrible massacres on the Protestants, when in 
 fact they had lost about 3000 Crowns in the service of Parliament against
 
 310 NOTES. 
 
 those rebels. That was probably for losses on some contracts for sup- 
 plies, or for some other trading- speculations. This accusation was riot 
 however without producing its baneful effects : Sir Philip had the morti- 
 fication to perceive, tbat it had alienated a great part of the inhabitants 
 from him and the Royal Cause. Soon after the siege had begun, Sir 
 Philip received a Commission from the King to make good and lawful 
 prizes of all vessels belonging to the Parliamentarian party, and about 
 the same time he traversed the Island with a small body of horse 10 Mount 
 Orgtieil Castle, and returned with scarcely any molestation to his own 
 quarters. This was the last time that he ever came out of Elizabeth 
 Castle till his death, which happened soon after. (Chevalier 1 Par/, S. 25.^ 
 
 It is here that we have to introduce an ill omened character who figured 
 in those troubles, Peter D'Assigny, a French refugee Minister, who 
 through Sir Philip's interest had obtained the living of St. Helier. This 
 individual entertained a deadly hatred against his former benefactor, and 
 being a man of intrigue and some courage, he laid aside his ministerial 
 functions, according to Chevalier, to direct in person the operations 
 against Elizabeth Castle. In the mean while that Castle was amply sup- 
 plied witb provisions by Captain De Carleret from St. Malo. D'Assigny and 
 Bandinel had formerly been at variance, but their mutual animosity 
 against Sir Philip, and a talent for doing evil, effected their reconciliation. 
 The cause of D'Assigny's hatred to Sir Philip is unknown. 
 
 Francis De Carteret, of La Hague, was one of the Five Parliamentarian 
 Commissioners; but he declined to act with his colleagues, and on the 
 whole was more disposed to obey the King than the Parliament. On 
 the 18th of April 1643, Sir Philip addressed him an eloquent and pathetic 
 letter, in which he deprecated the evils which impended over his country, 
 the very anticipation of which, as he said, made his heart to bleed; that 
 he was ready to appear before the parliament to vindicate his conduct, as 
 soon as his Majesty would have provided for the government of the Island 
 during his absence ; that though he was not obliged to appear there by 
 the laws or the privileges of the Island, yet that he would do it for the pur- 
 chase of peace, and then, (like his illustrious co-temporary Lord Strafford 
 had done a little before,) he added, that if nothing but the loss of his 
 offices, or even of his life could satisfy the people, he resigned those 
 offices into the King's hands, and submitted his life to the justice of the 
 laws. He concluded by proposing a conference for a mutual accommoda- 
 tion of those unhappy dissensions. (Chevalier I Part, S. 26 ) 
 
 Such were the efforts of that able and upright man, who, if he had met 
 with a reciprocal spirit of conciliation on the part of his adversaries, many 
 of the evils which afterwards happened, would have been averted. We 
 regret that its great length precludes us from publishing some of his 
 correspondence, which was highly honourable to the head and heart of 
 the writer, and which would plainly show that whatever might have been 
 his individual failings, or the errors of his public career; loyalty to his 
 princes and attachment to his country never ceased to be the predominant 
 passions of his soul.
 
 NOTES. 320 
 
 About this time the Lieutenant-Governor received a Royal Proclamation 
 offering a pardon to the inhabitants, but excepting the Commissionem 
 and the Bandinels. It was ill judged in him to order the Sheriff to pro- 
 claim it, as the exclusion of those individuals from that amnesty, would 
 have, the effect of defeating Its object. It was so, for when the Sheriff 
 tried to read it in the market-place, a riot ensued, from which the Sheriff 
 and Sir Philip's friends were equally glad to escape. 
 
 The Commissioners encouraged the multitude to raise batteries, and to 
 dig trenches, to secure themselves against sorties from the Castles. Sir 
 Philip was sometimes obliged to fire at them, but he did it so reluctantly, 
 and it was so painful to him, that he made another attempt at reconciliation, 
 and wrote a defence of his conduct to the Royal Court, with a request that 
 they should give it every degree of publicity. It was communicated 
 accordingly, but the Commissioners to whom it had jnot been officially 
 addressed, took care that the Court should not even condescend to return it 
 an answer. 
 
 Sir Philip next attempted to force, or rather to intimidate the town by 
 firing at it, and making a sally at the same time. (June Id. 1643.) The 
 experiment failed and his detachment was repulsed with some loss. It 
 nevertheless increased the actual state of exasperation, and from that day 
 his soldiers were no longer allowed to come out of the Castle into the Town 
 to purchase any provisions. Notwithstanding these discouraging circum- 
 stances, Sir Philip still persevered to ncgociate for peace, but without 
 success, till at length he began to prevent all vessels from entering the 
 harbour of St. Aubin. The Commissioners, on their part, fortified the 
 town as well as they could, and garrisoned it with a detachment of 70 or 80 
 militiamen, besides keeping watch and ward throughout the different 
 parishes. Some Parliamentarian frigates having come over from Guernsey, 
 the Commissioners directed a party of about 40 men, to seize some of 
 the most obnoxious and influential Royalists, whom they ordered to be 
 confined on ship board. (Pseudo Mastix and Chevalier I Part, S. 31.) 
 
 At last on the 18th of June an answer was returned to the proposals, 
 which Sir Philip had made through the Royal Court, on the 8th of that 
 month. It was signed not only by 8 Jurats, but by 8 Constables, so that 
 it might be said to have contained the actual sense of the country. That 
 paper, which according to Chevalier had been drawn up by Dean Baudinel, 
 was of a most exasperating nature, and attributed all the evils which 
 had already happened, to bad faith, and want of principle in the Lieute- 
 nant-Governor, to whom it offered no other alternative than that of 
 appearing before the Parliament, to clear himself from the crimes and 
 misdemeanors laid to his charge. (Chevalier I Part, S. 35 ) 
 
 It was therefore impossible for the parties to come to any amicable 
 negociation. The Parliamentarian Commissioners well knew that there was 
 no chance of securing their power, or even their personal safety but by 
 the disgrace, or destruction of Sir Philip DeCarteret; while that gentle- 
 man was equally resolved to adhere to his loyal determination never to
 
 321 NOTES. 
 
 surrender the Island into the bands of the enemies of his Sovereign. Nor 
 was his private interest less concerned ; (or the moment he would have 
 resigned his power, there would have been no option for him, between 
 exile and confiscation, or his appearance at the bar of the House of Com- 
 mons. But at that disastrous period, it would have been like devoting 
 himself to the scaffold, or at least to perpetual imprisonment. It is really a 
 inatter of surprise, that men of so much discrimination, as tfce chiefs of 
 both parties undoubtedly were, should have so long persisted in a mock- 
 ery of negociation, which could not in any manner be attended with any 
 favourable result. 
 
 On the 1st of July 1643, Sir Philip wrote to Mr. John Dumaresq, his 
 Lieutenant Bailly, that he had His Majesty's Commission to suppress the 
 factious intrigues of the Dean, David Bandinel, that he was not to be 
 admitted to any of their meetings or deliberations, and that he charged 
 him with high treason. He also addressed the same day a letter to the 
 States, in answer to their communication of the 18th of June. He premised 
 his offers of accommodation with some extremely severe, though perhaps me- 
 rited animadversions on Dean Bdtidinel, attributing to him the late answer 
 which had been sent to him by the States, and saying that every line of it bore 
 the imprint of the blackness of his envenomed pen. Here Sir Philrp's 
 noble nature gave a vent to his injured feelings by this expression of a 
 mutual rancour ; for it is madness to write thus about a powerful enemy, 
 the only effect of which, is to render every future attempt at negotiation 
 utterly impracticable. The terms he proposed were nearly the same in 
 substance as the former, a desire to prevent hostilities, but an uncom- 
 promising determination not to give up the Castles except to an officer of 
 the King's appointment. He further expressed his readiness to do all in 
 his power to comply with the wishes of the people, and that if it was the 
 public opinion, that he should appear before the Parliament, he would 
 immediately comply, provided his accusers were there also, and that he 
 had the opportunity of a fair trial. (Chevalier 1 Part, S. 38.) 
 
 On the 18th of July the States were convened again to deliberate about 
 the answer to be returned to Sir Philip's proposals. That Assembly accor- 
 ding to Chevalier presented a seeming unanimity, but it was the unanimity 
 of public bodies in dangerous times, when they act nuder the influence of 
 terror, and every member endeavours to ward off his own individual peril 
 by a rivalry in subverviency to the existing despotism. This answer was 
 as usual a repetition of grievances, and concluded by informing Sir 
 Philip, that it was the general wish of the people, that he should imme- 
 diately repair to England, to vindicate his administration, that in the 
 mean time he should dismiss all the foreign soldiery, whom he had 
 lately introduced into the country, and that he should appoint a day, 
 when he was to surrender the Castles to the Commissioners. The Deau 
 had drawn up this paper also, and brought it with him ready to be sub- 
 mitted to the States. It could have no other effect than that of still more 
 irritating both parties against each other, and precluding the very possi-
 
 NOTES. 322 
 
 V.itity of a reconciliation. Hence according to this Chronicler, if it had 
 not been for the pen and pernicious counsels of that haughty and vindic- 
 tive Churchman, Sir Philip and the Parliamentarian Commissioners would 
 have come to some equitable composition, which would have prevented 
 most of the evil* which drew their devoted country into the vortex of 
 the calamities of the British Islands. 
 
 But another scene was now to present itself, and little remains to be 
 recorded but the lamentable catastrophe of Sir Philip De Carteret. Grief 
 and disappointment had by degrees depressed his manly spirit, and under- 
 mined his sinking frame. His soul was a prey to the workings of indig- 
 nation, that a long life spent in the service of his King and country 
 should be repaid with the blackest ingratitude of his fellow-citizens, 
 while perhaps his family pride was deeply wounded at the certainty, that 
 his enemies were endeavouring to deprive him of all his consequence, and 
 to humble him in the dust. But above all (he consciousness of the una- 
 voidable misfortunes, which were about to fall on his country, overwhelmed 
 him with sorrow, and accelerated his dissolution. About this time one 
 of his sons died in Elizabeth-Castle, and it was with difficulty that he 
 obtained permission for his tenants to come and receive the corpse 
 outside of that fortress, to have it deposited in the family sepulchre 
 at St. Oueti. The two Bandinels and D'Assigny still pretended 
 that there was some deception in this, and that Sir Philip's son was not 
 really dead, who, now that he was taken iu his own snares, had recourse 
 to every subterfuge to obtain peace and impunity. It was thus that those 
 ecclesiastics made an unworthy and unchristian use of their influence, 
 and persuaded the Parliamentarian Commissioners to be unfeeling and 
 inhuman. Sir Philip perceiving that he was daily becoming weaker, and 
 that his dissolution was rapidly approaching, waved official forms, and 
 addressed a letter directly to the Parliamentarian Commissioners, a mode 
 of communication which he had hitherto declined to adopt, and sent it to 
 them by the Porter of the Castle. The letter was dated the 16th of August 
 1643, and inclosed the Royal pardon, which the Sheriff had been prevented 
 before from proclaiming by the populace. It is the letter of a dying man, 
 and is worth transcribing. " Gentlemen, I, having received the King's 
 gracious pardon, embraced it with a great deal of joye, hoping that before 
 God shall call me awaye, I should see some beginning of the quiet of 
 those disorders of this Countrie ; which seeing is not likely to prove, it 
 being God's pleasure to call me to his mercie that I maye not see the fur- 
 ther increase and miseries of this Countrie. I desire in your Christian 
 charity, that you would permitt Mr. La Cloche, or any other that you will 
 send with him, to administer unto me such comforts as are necessarie and 
 usuall in these extremities, and that you will permitt my poor wife to 
 come unto me, to doe me that last duty as to close up my eyes. The Lord 
 forgive you as I doe forgive you all. I pray suffer this bearer to go to the 
 Old Castle to fetch my wife, and send some other to Mr. La Cloche with 
 all speed. This is the last request, I shall ever make unto you. The 
 
 V 2
 
 323 NOTES. 
 
 Lord be mercifull to you all," &c. The Commissioners, the Deau, anS 
 D'Assigny read this letter with a great deal of pleasure, from the antici- 
 pation that the death of the Lieutenant Governor would soon enable them 
 to get possession of the Castles. Such is the wickedness and the blindness 
 of mortals ! It would have moderated their exultation could they have 
 road into futurity, and seen that the removal of their adversary was 
 opening .the path for the advancement of a man, the greater energy of 
 whose character, and wLose arbitrary disposition, would soon compass their 
 own ruiti. 
 
 " The Lord," said they, in their answer, " is wise in counsel and won- 
 derful in strength." (*). " The Lord open the eyes of your understanding, 
 that you, (though it be late), may bewail all the misery you have brought 
 upon this people. As for our part we heartily desire God to forgive you 
 all that is past, washing all your sins away, by a sincere repentance, in the 
 blood of Christ." " You should do very well, Sir, in case God should 
 call you to remit the custody of this Castle into the hands of this Estate to 
 keep it for his Majesty's service." (Chevalier, Part I, S. 49.J Can there be 
 a greater" mockery of religion and Christian charity ? 
 
 The pardon which was now officially offered, was an ill judged measure. 
 It is not known who had procured it from the King, but it was not -the 
 amnesty which ought to have been offered by a Sovereign struggling for 
 his crown against a powerful faction, which had then the support of many 
 good and wise men, who still remembered the grievances of the former 
 part of his reign. The very offer of a pardon was indignantly received by 
 a people, who had been persuaded to believe that they had only taken up 
 arms to expel the Lieutenant-Governor from his post, but were unconscious 
 of having been guilty of rebellion. That curious Proclamation concluded 
 with the threat, that His Majesty was resolved in case of their obstinacy 
 to resume all the Charters and Privileges formerly granted unto them, and to 
 lake the just forfeiture of their estates according to law. 
 
 The Commissioners eagerly took advantage of this, and the politic and 
 inveterate Dean drew up the answer as usual, which the Commissioners 
 forwarded the next day to the Lieutenant-Governor. The sentiments it ex- 
 pressed were most uncharitable and unfeeling, and as if to give a keener 
 edge to its upbraidings thus assumed the hypocritical cant of religion, 
 and dared to employ the language of Christianity. The Commissioners 
 refused ta let him have the minister of his choice, and even his family 
 were not to be allowed to visit him, but on the condition of his turning 
 Captain Lane, a Cornish Officer, out of the Castle, which he was also 
 recommended to cause to be surrendered to the Parliament in the event 
 
 () This vile prostitution of Scripture to a political purpose is taken 
 from the 20th Chapter of Isaiah, and the 29th Verse. The whole of 
 that Chapter is a denunciation of God's judgments against the wicked, 
 and just such an one as Sir Philip's enemies would apply to his case, with 
 the diabolical design of insulting him in his last moments, and adding new 
 fears to the natural dread of dissolution.
 
 NOfTES. 324 
 
 afhis death. This cruelty towards a dying man, however it might have 
 been excited by personal hatred and political rancour, could scarcely have 
 found an apologist even in that intolerant age. The condition on which his 
 request was to be granted was inadmissible, as the dismissal of Lane 
 would have endangered the safety of that fortress, which he had long 
 determined never under any circumstances to deliver up to the King's 
 enemies. 
 
 This refusal to allow Sir Philip to be visited by a minister of his own 
 choice, and to see his family, did not so much originate in humanity as in 
 political considerations. His enemies had flattered themselves:, that a frame 
 enfeebled by disease and a soul shrinking from the terrors of dissolution, 
 would gladly have purchased that permission, on the proft'ered condition of 
 giving up the Castles* Such a crooked policy cannot be mentioned with too 
 much reprobation, but. like most other machiavelian schemes of the kind, it 
 ended in disappointment, and only afforded a plausible pretence for the rigo- 
 rous retaliation, which Sir George De Carteret soon after inflicted on those 
 political adversaries. . 
 
 The same day, his mother, a venerable matron, of eighty years of age, 
 and her two daughters applied to the Commissioners and to the Dean and 
 Jj'Assigny, for permission to go to the Castle, but tViey were refused. A 
 similar application of the old Lady had been sent before, and now when 
 she saw that she could not prevail on those unrelenting hearts, she 
 offered to give a sum of money to the poor; but even then the permis- 
 sion was not granted. His friends were not allowed to convey him even 
 the refreshment of a bottle of spring water, and of a few ounces of sugar- 
 candy. The populace had been wrought up to such a state of frenzy by 
 D'Asjjigny, that had any one been found to carry him any refreshments, he 
 would have been exposed to their extreme violence. After this, two or 
 three days elapsed without any communication with the Castle, "when its 
 Porter came to the Town to say that Sir Philip was getting worse. The 
 same day Lady De Carteret who was ii Mount-Orgueil Castle sent a 
 young female to enquire after her husband's health, and to carry him a 
 religious book to comfort him in his sickness; but she was stopped by the 
 guards who compelled her to return into the town. 
 
 During these troubles there had been an interruption of the adminis- 
 tratioR of justice ; but on the 22nd the Court met to appoint a Judge in the 
 room of Sir Philip De Carteret, who was dead in law, as they said ; bur 
 as it could not agree about the choice, it was adjourned for a week. 
 
 The Commissioners being at last touched with some remorse of their 
 barbarity sent a man. to enquire after Sir Philip's health, as they could 
 not believe that he was so near his end. The messenger informed them 
 on his return, that he was very ill, and that it was expected he could not 
 recover. The request to allow his wife to visit him was reiteraled, but 
 for that day the permission was granted only to his mother ; the request 
 of one of her daughters was not complied with, notwithstanding which 
 she endeavoured to accompany her aged parent, but she was detained on
 
 325 NOTES. 
 
 the way, and told that they would not suffer her to go into the Castle. 
 Oppressed with grief, she fell from her horse and fainted, and yet the 
 inexorable agents of unmitigated revenge, conducted her back slowly into 
 the town. As to the afflicted lady, tliat last descendant of those Pan lets, 
 who had formerly governed this Island with unlimited authority for half 
 a century, she was allowed to po in with a servant to see her son, whom 
 %he found dangerously ill, aud becoming worse every hour. She then 
 sent back her servant to the town, to say that he was getting worse, and 
 that he requested to be allowed to see his sister Judith. This was 
 granted. But as to a clergyman, they persisted in not serding him the 
 cue he had already selected. They endeavoured to prevail on the elder Mr. 
 Brevjnt, the father of Daniel Brevint, who was subsequently Dean of Lin- 
 coln, to repair to him ; but that worthy pastor as he had not been sent 
 for by the dying man, declined the application from motives of delicacy. 
 It was then that Mr. MoIIet, another clergyman, was sent to administer to 
 him the consolations of religion in his last moments. 
 
 The Chronicler relates that not more than six hours before Sir Philip"*- 
 death, he was au eye witness to a circumstance so cruel, barbarous, and 
 inhuman, that he mentions it with merited reprobation. A man came to 
 D'Assigny to inform him that a basket of fruit was being carried to the 
 Castle for that gentleman's refreshment, and whether it was to be suffered 
 to pass. " No, no," replied that ecclesiastic, " run after it, and do not let 
 it pass ; it would do better for us than for him." D'Assigny had neverthe- 
 less just heard that there were no longer any hopes of his recovery. The 
 messenger was too far gone to be overtaken, and the fruit reached its 
 destination. 
 
 It was not till the last day of his life, that Lady De Carteret obtained 
 the permission of the Commissioners to visit her husband, but it was too 
 late, as she found him in the agonies "of Heath, and scarcely sensible. He 
 however raised his hand, as if to show that he was conscious of her pre- 
 sence, and to bid her a last farewell. 
 
 Thus expired Sir Philip De Carteret, on the 23rd of August 1643, a 
 victim to the malice and persecution of his enemies. He was in his 60th 
 year, having been born at his Father's seat, in the Isle of Sark, in Febru- 
 ary, 1583, 4. His life was cut short by intense anxiety, increasing vexa- 
 tion, and perhaps want of exercise through his confinement in a fortress, 
 in which he bad been blockaded five months. He may therefore be said 
 to have perished in the cause of his Sovereign, as much as if he bad fallen 
 on the field of battle. He died after an illness of 13 days, but the precise 
 nature of his last sickness is not mentioned. He was a personage of high 
 dignity, loaded with a long enumeration of feudal titles, enjoying important 
 offices, and who had received many tokens of the Royal favour. These 
 accidental distinctions may be barely mentioned ; but it is with the bright 
 parts of his character that posterity Is delighted. His loyalty to his Sove- 
 reign continued to his last breath, and he preferred to bear every incon- 
 venience rather than betray bis trust. The greater part of hia misfortunes
 
 NOTES. 326" 
 
 were occasioned by the envy which his long career of prosperity had ex- 
 cited. He was however worthy of the important offices to which he had 
 been elevated by his Sovereign. His letters, many of which have been 
 preserved, shew him to have been a man of capacity, and that both from 
 his education and experience, he was intimately acquainted with the con- 
 stitution and the local usages of his country. But the most interesting part 
 of his character is to be sought in his moderation and forbearance, forming 
 an advantageous contrast with the virulence and cruelty of his adversaries. 
 Nor were his patient endurance under suffering and his Christian forgive- 
 ness less remarkable in his latter days. He and his predecessor John 
 Hcrault, the Bailly, did much to confirm and extend the privileges of 
 Jersey ; but in point of mildness and benevolence Sir Philip was supe- 
 rior to that upright, but rather too high spirited magistrate. His death 
 is said to have beefl generally lamented, and indeed if he had lived, 
 the Island might have preserved its loyalty without any of the evils 
 that attended the vigorous, but tyrannical administration of Sir 
 George De Carteret. Sir Philip was blessed with a numerous pro- 
 geny, most of whom survived him. The clergyman who attended him, 
 says the Chronicler,, was particularly struck and edified with the truly 
 Christian spirit of this good man, who left the world and its transitory 
 scenes without regret, forgiving all men, as he hoped to be forgiven, in the 
 assurance that he had made his peace with his Maker. It may therefore 
 be affirmed thataft-r a careful survey of this Island as it was under James I, 
 and Charles I, Sir Philip was its most distinguished personage, and even 
 at this time, his talents and integrity, either as a magistrate or a politician, 
 would be considered as being of the highest description. 
 
 His widow and his son sent to St. Malo, for a Surgeon, to embalm his 
 corpse, which was accordingly done, and then deposited in a lead coffin. 
 It remained uuburied for some time, according to a request he had made on 
 his death bed ; but his brains and entrails were buried in the Castle near 
 the Old Church. ( Chevalier, Part I, S.S. 52 and 53.J Afterwards when his 
 successor Sir George De Carteret was in power, he caused his remains to be 
 conveyed to the family tomb of his ancestors at St. Ouen, with all the pomp 
 and display of veneration and respect which it was in the power of a trium- 
 phant party, to bestow on the memory of a lamented chief. His widow was 
 an English Lady, a daughter of Sir Francis Douse, from Hampshire. (Hey- 
 lin's Survey , p. 2SS.J She survived him but a short time, having expired 
 after a short illness in Mount-Orgueil Castle, the usual place of her resi- 
 dence, on the 30th of January following. (Chevalier, Part III, SS. 23 and\1.) 
 
 The extreme length of this Note, which has been occasioned by the 
 interesting materials now for the first time laid before the Public, obliges 
 us to be concise in the remaining part of our narrative. The Parliament 
 during these troubles had lately appointed the Earl of Warwick Governor 
 of the Channel Islands in the room of Sir Thomas Jermyn, a decided Roya- 
 list, and his Lordship had since named Leonard Lydcott, Esq., a young 
 man of 28 years of age and a Major in the army, to be his Lieutenant-
 
 327 NOTES. 
 
 Governor of Jersey. It happened opportunely for the Parliamentarisms 
 that this gentleman arrived from England three days after Sir Philip De 
 Carteret's decease. He brought only a few officers and arms and ammunition 
 with him, but no troops. He had been sent by live Close Committee at the 
 solicitations of the Jersey Commissioners (Pseudo Mastix, p. 56 and Chevalier , 
 Part II, S. 1, 2,3J to execute the warrant for Sir Philip's apprehension, 
 which his death had now rendered unnecessary. It was however a fatal er- 
 ror on the part of the Commissioners to have made no application for any 
 troops. Confident in their own resources, they had supposed that the Island 
 and Castles would have soon been reduced under subjugation. If Lydcott 
 had brought over a body of even 300 men, it was the opinion of the Chronicler 
 that they would have kept the island in check, and that it would have ultima- 
 tely remained in the possession of the Parliamentarians. Lydcott is said to 
 have discovered this error when it was too late,for it was evident that Captain 
 De Carteret could not have brought a sufficient number of men from St.Malo, 
 to contend with such a force. It would seem however to be doubtful whe- 
 ther all the blame ought to be attributed to the Jersey Commissioners, who 
 vindicate themselves in the Pseudo Mastix at the expence of Prynne. 
 They repeatedly mention an intended Jersey expedition about this time, 
 which was laid aside by Prynne's pernicious intrigues, and which according 
 to them, occasioned the final loss of the Island to the Parliament. 
 
 Other reasons seem much more probable to have prevented that expe- 
 dition, and to have been of more weight than either Prynne's advice, or the 
 solicitations of the Commissioners. The issue of th contest was still very 
 doubtful at that period of the civil war, and Parliament had then objects 
 of much higher importance where to employ their forces. The value of 
 Jersey had not yet been ascertained ; nor was it till the vigorous adminis- 
 tration of Sir George De Carteret, that his successful annoyance of the 
 English trade, rendered the possession of Jersey indispensable to the mer- 
 cantile security of the conquerors. 
 
 These different particulars are intimately connected with our subject, 
 to show on how many contingencies matters depeuded, and how little at one 
 time, would have frustrated the ascendancy which Sir George Carteret, 
 soon after acquired, and that ardour of loyalty which the Island was about 
 to display to the admiration of after ages. 
 
 On the 29th of August, three days after Lydcott's arrival, the States met 
 to hear his Commission of Lieutenant Governor read. The Commission 
 itself with all the Earl of Warwick's titles, as well as the proceedings of the 
 States of that day have been preserved by Chevalier, (Part II, S. 3.J Nine 
 Jurats were present, five Rectors, and all the Constables except that of St. 
 Clement. Mr. Le Geyt, one of the Jurats, and father of our afterwards 
 celebrated commentator, was also one of this assembly, which was com- 
 posed of men directly opposed to his real principles. The originals, like 
 many more papers of the kind have perished with the Second Book of the 
 States, and our Chronicler is valuable, were it only for having preserved 
 several curious documents which are uow no where else to be found.
 
 NOTES. 328 
 
 The Slates ordered tba* the oath of office should be administered to the new 
 Lieutenant-Governor under their Sovereign Lord the King:, and his noble and 
 discreet council, the Parliament ; for thus it was that by the addition and in- 
 terpretation of one word, they were endeavouring to reconcile tliemse) ves to 
 the Constitutional forms of King and Council. It is however remarkable, 
 that in the present mature age of the British Constitution, the Parliament 
 is in fact the King's Council, and that the administration of affairs is natur- 
 ally confided to the influential men who can command a majority in that 
 Assembly. 
 
 At the same States Michael Lempriere produced 'his appointment from 
 the Parliament, to be Bailly in the room of Sir Philip De Carteret. He 
 had now reached the object of his ambition, for which he had persecuted his 
 predecessor, and scattered widely through his country the seeds of 
 disaffection. The appointment of the Governor and the Bailly belongs to 
 the Crown, and therefore any interference in those matters on the part of 
 the Parliament was a direct usurpation. Hence as these two functionaries 
 were illegally appointed, it required in better times no sort of legal pro- 
 cess to secure their expulsion. 
 
 As soon as the Earl of Warwick's Letter and Lempriere's Commission 
 had been read, the passive States, without even one single member daring 
 to utter a murmur, silently acquiesced, and to give a greater solemnity to 
 the business, Michael Lempriere was sworn in first after the usual forms, 
 that he might afterwards administer the oath to the Lieutenant Governor, 
 which was the same as that in the Jersey Code of Laws, (p. 282.) 
 
 These two functionaries were sworn in on the 29th of August, 1643, and 
 helJ their ephemerous offices till the 21st of November following, when 
 they precipitately fled from the Island on the lauding of Captain De Carteret. 
 From the beginning of March, 1643, when Sir Philip De Carteret retired 
 to Elizabeth Castle, till the 21st of November following, the Island, with 
 the exception of the Castles was in the hands of the Parliamentarians. 
 The greater part of the inhabitants were loyal, but the fear of ill treatment 
 compelled them to remain quiet. The Castles never were in any danger of 
 being taken by their assailants, for they ha-1 not the means to annoy them 
 much by laud, nor had they the command of the sea. The operations 
 against Elizabeth and Mount-Orgueil Castles were however carried on 
 rather more briskly under that Officer's administration, than they had been 
 in the former part of the blockade. The Chronicler has preserved a very 
 minute journal of the siege of the Castles, which though highly amusing 
 and even interesting, is too long to be even abridged in this place. Per- 
 haps we may avail ourselves of some future opportunity to lay it before 
 the public. 
 
 On the 18th of September the Lieutenant-Governor held a general re- 
 view of the militia at St. Helier, and after an inflammatory speech against 
 the Royalists ordered the men to take an oath of fidelity to the King, the 
 Parliament, and the Governor. As he did not understand French, the 
 oath was administered by D'Assigny. It was taken by some with evident
 
 NOTES. 
 
 reluctance, and others thought to elude its obligation by turning their 
 backs, while it was being administered. John Dumaresq, one of the militia 
 Colonels, having objected to the oath, was first put under an arrest, and 
 afterwards deprived of his commission. This gentleman was afterwards 
 Sir George De Carteret'a Lieutenant Bailly, (Chevalier, Part III, S. llj 
 
 The besiegers raised batteries on the town hill, now Fort Regent, and 
 the Castle fired at the town, which was then without any protection to- 
 wards the Spa. No mischief of any consequence however happened ; the 
 besiegers fired but 36 shots during that siege at Elizabeth Castle, which 
 on the other hand fired 335. 
 
 Lydcott's appointment by Lord Warwick was of the 8th of July, 1643; so 
 that Sir Philip De Carteret had been superseded on account of his loyalty 
 about six weeks before his death. After that event His Majesty appointed 
 Captain George De Carteret Lieutenant Governor of Jersey on the 3rd of 
 October, in the same year. 
 
 Lydcott's prospects of success were diminishing daily, and he had the 
 mortification to find that some of the English officers whom he had brought 
 over with him had basely deserted him, and surrendered themselves to the 
 dowager Lady Carteret, who was in Mount-Orgneil Castle, in whose pre- 
 sence they burned the commissions they had received from the Parliament. 
 (Pseudo Mastix, p. 58, and Chevalier, Part II, S. 4S.J As he had no troops the 
 greater part of the inhabitants were only waiting for an opportunity to 
 declare for the King, and even -among his owu party, there were many on 
 whose courage or fidelity he could not place any reliance. He therefore 
 took the precaution to keep a cutter in readiness for his departure. 
 
 In the mean time matters were hastening to a crisis. Lydcott and the 
 Commissioners who were now convinced, that it was impossible to retain 
 their occupation of the Island, endeavoured to negociate with the comman- 
 der of Mount Orgueil Castle for an accomodation. This state of things 
 lasted but for a few days till the arrival of Captain De Carteret from St. 
 Malo, in the evening of the 19th of November. Several of the Royalists 
 had formerly gone over to him during those troubles, and being anx- 
 ious to return now to their homes, had now accompanied that active 
 officer in his expedition. The islanders were by this time tired of 
 Lydcott aud the Parliamentarian Commissioners, and the very next 
 morning the inhabitants of the adjoining parishes of Grouville and St. Mar- 
 tin came to join him, and took the oath of allegiance to the King. A day 
 later which was the 21st, the people of St. Brelade rose and retook the 
 Tower of St. Aubiu, a strong place commanding that harbour, aud which had 
 lately fallen into the hands of the Parliamentarians. The defection was 
 now become general, and the reports which honrly reached the Lieutenant 
 Governor and his friends, exaggerated the forces of Capt. De Carteret, who 
 in fact had reached Mount Orgueil Castle with only two or three small 
 vessels, and might perhaps have been successfully resisted, had they pos- 
 sessed either courage or presence of mind. But the surprise had been 
 o complete, that they only cousulted their terror, so that at the very
 
 NOTES. 330 
 
 moment that the former had had his table laid out for supper, they preci. 
 pitately went on board a small armed vessel at nine o'clock in the even- 
 ing, leaving some of his servants, and the best part of his baggage behind 
 him. Michael Lempriere, D'Assigny, and a few others, who had been most 
 deeply implicated in the disturbances escaped with the Lieutenant Governor. 
 The Pseudo Maslix gives nearly the same account of this flight, but labours 
 hard to prove that it did not take place with so much precipitatiou. (Pseudo 
 Mastix, p. 69, and Chevalier, Part II, 5. 58. ) 
 
 It is worth while to relate this small but sudden revolution in the simple 
 language of the Chronicler. u The other individuals who had been of the 
 same party, endeavoured that very night, and as soon as they heard of. 
 Lieutenant-Governor Lydcott'a departure, to get boats to save themselves, 
 how, and where they could. They had a favourable wind to take them to 
 Guernsey. Those who could not then get away, hid themselves, and after- 
 wards got out of the country singly, and as opportunities occurred. The 
 report of this sudden departure spread immediately throughout the whole 
 Island, and that very night every one laid down liis arms. It was a 
 miracle, that no blood was shed on either side. Only a few hours before 
 this happened, the whole of Jersey was in arms, and there were some 
 small districts so divided, that they were on the point of coming to a con- 
 flict. It was an effect of Providence ; for every thing was suddenly ap- 
 peased, and both parties equally laid down their arms." fib, S. 53. ) 
 
 During the late sieges Captain Carteret had resided at St. Malo, from 
 whence he supplied the Castles with provisions, since their communication 
 with the land had been cut off by the blockade. He had also reinforced 
 their garrisons with small bands of English, Scotch, and Irish, as well as 
 with a few Frenchmen. 
 
 The day after Lydcott's departure, Captain Carteret came into the town, 
 attended by the parishioners of Grouville and St. Martin, and a small body 
 of regular soldiers. He had marched with all the military parade in his pow- 
 er,and before he entered the town, he visited the abandoned batteries which 
 his enemies had raised on the Town Hill to batter Elizabeth Castle. It would 
 have checked the ardour of his exultation could he have extended his 
 glance into that futurity, which Providence has so wisely enveloped in ob- 
 scurity beyond the ken of mortals. He would have seen, that just eight 
 years after, and from the very site of those batteries, destruction would be 
 hurled on some of his most faithful adherents, that his strong hold would 
 be rendered untenable, and that he would then be unable to save himself 
 but by coming to a composition with the very men, to whom he was at this 
 time inclined to shew no mercy. 
 
 He was well received by part of the inhabitants, while many could not 
 conceal their dejection at his success. Several of them had either fled 
 or hid themselves on his arrival, till after having gradually recovered from 
 their fears, the greater part of them returned to their own bouses. 
 
 He now assumed the tone of a master, and gave orders for a meeting 
 of the States to be held in Trinity Church ou the 24th of November, which 
 
 W 1
 
 331 >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 Carter<?ts,on whose unhappy 
 catastrophe we shall have occasion to animadvert in another place. Che- 
 valier, Part III, S. 17. 
 
 This was an age of fasts, thanksgivings, and humiliations; and it appears 
 that Sir George DeCarterat had often recourse to that measure.wbich was in 
 fact no more than what was frequently done by the Parliamentarians on 
 the most trivial occasions. Thus weak and simple mortals foolishly endea- 
 vourto propitiate the Deity, and impiously render Him a party to assist in 
 destroying each other. When He suffers evils of Ibis magnitude to fall on his 
 creatures, it is to visit them in his wrath, aiid to inflict upon them, even in 
 this world, the punishment of their crimes. 
 
 It is well known that all deeds for real property in Jersey must be officially 
 executed iu the presence of the Bailly and two Jurats. In consequence of a 
 Royal Order, Michael Lempriere was expelled from the Bench, and a few 
 days after, the Royal Court directed that all the deeds which had been exe- 
 cuted before him, be declared of no validity in law, and should be publicly 
 burned by the hangman. Thus Sir George was inflicting an ineffectual pu- 
 nishment, which could not reach the intruder in the office of Bailly, but which 
 might cause serious inconvenience to the unoffending buyers and sellers of 
 real property. (Cour dt Samedi 24 Mars 1645, and Chevalier, Part III, S. 50,) 
 
 But the time was approaching when the wrongs of the late Sir Philip 
 De Carteret were to be awfully visited on the unfortunate Bandinels. They 
 had now been confined about 14 months on a charge of high treason in the 
 Castles, and though they were not treated with any particular severity, 
 there was no prospect of their obtaining their release. The catastrophe of 
 archbishop Laud about this time, who had formerly patronised the elder 
 Bandinel, is said to have affected him much, and to have terrified him with 
 the dread of a similar fate. It had been his hatred of Sir Philip De Carteret, 
 which had given a bias to his political opinions, as he could not but have 
 foreseen, that if the Parliament conquered, his own individual ruin would be 
 involved in that of the episcopal hierarchy, or that if the Royalists pre- 
 vailed, he would incur all the dreadful consequences of a charge of high 
 treason. The manner of their escape is related with so much simplicity by 
 the Chronicler, and so much apparent veracity, that we cannot do better 
 than insert the substance of it in this place. (Chevalier, Part III, S. 45.^ 
 The prisoners having bored several gimblet holes in a door which sepa- 
 rated their room from another, started a plank, and got easily through 
 that aperture into the adjoining room. There was a closet between it and 
 the Castle wall, which seems to have been closed up, as they had a hole to 
 make, through which, after having taken out some stones, they crept oat 
 side ways with much difficulty. This brought them in contact with a
 
 335 NOTES. 
 
 small and narrow window, almost at the top of the battlements. The roonr 
 though very much out of repair can still be easily recognised. It is almost at 
 the top of the Castle, and the small closet and the wh.dowiu it are still in the 
 jamestate. The Closet is too small to have ever been a separate cell ; it has 
 an open door wav into the larger room, which for some cause or other must 
 have been walled up then, as otherwise the Bandinels would not have been 
 obliged to take out any stones to get into that recess. This was the state 
 of that interesting spot in 1832, when the author of this sketch, had the 
 honour to accompany there Major General William Thornton, then Lieute- 
 nant Governor of Jersey. This prodigiously high wall under the win- 
 dow rose from the top of a sharp and craggy rock, from whence the descent 
 was so steep, that one would be in imminent danger of losing one's hold, 
 and being precipitated into the sea. The prisoners had waited fora night 
 favourable for their purpose. It blew a hurricane, one could scarcely have 
 stood upright ill the Castle, and its violence tore up trees by the roots in 
 different parts of the neighbourhood. It was amid the darkness and horror 
 of this dismal night, at about half past three in the morning of the 10th of 
 February 1644 5, that the unhappy prisoners effected their escape. They 
 had made a rope of cordage and napkins, tied end to end, and secured 
 it by means of a ladle to a crevice in the wall. It was with the greatest dif- 
 ficulty that they could creep out of the window sideways, when each in his 
 turn grasping this frail rope, slipped down from this tremendous height It is 
 improbable that they had reconnoitred this place in the day time, for had they 
 been aware of the great elevation of the wall, they would have never 
 made this attempt, as long as they were in their senses. The younger Ban- 
 diuel came out first, but the rope was too short, and he fell on the rocks on 
 which he was dreadfully bruised. His wretched father, ignorant of his fate, 
 but resolved to hazard all for the recovery of his liberty, and to rescue him- 
 self from the certain vengeance of his political enemies, grasping the rope, 
 the lower end of which he had secured round his waist, slipped down the 
 wall ; but when he had reached about half the descent, the rope broke at top. 
 He fell and was dashed on the rocks, on which he was so severely hurt about 
 the body and the head, that several of his bones were fractured, and that 
 he became immediately insensible. From the coroner's inquest fCatel, 
 May 20, 1645) one would be led to suppose that a concussion of the brain was 
 the real cause of his death. As he fell from a greater height than his son, 
 this may account for the more immediately fatal effects of his fall. 
 
 It was not long however before James Bandinel recover e d himself a little, 
 and was surprised to find his aged parent in that deplorable situation. At first 
 he thought he was dead, but afterwards perceiving that he had yet some rem- 
 nants of life, he had the presence of mind to turn him on his back on the 
 grass at the foot of the Castle walls. He then covered him with his cloak, 
 and left him to his fate on that devoted spot. As to himself, terror made him 
 forget his own bruises, and added speed to his flight in quest of some friendly 
 lurking place. The miserable old man remained there for some hours after 
 daylight, when he was discovered by some one from the garrison. He
 
 NOTES. 336 
 
 still girt round with the rope, lying ou his hack, and covered with his 
 cloak, just as he had been left by his son. The rope had been fastened so 
 tight, that he could hardly breathe ; but after it had been cut, it gave him 
 some slight relief, and in that state he was carried back into the Castle, His 
 wife was then informed that she must make haste if she wished to see him 
 yet alive. It is said, that when she came, he showed that he was in some 
 measure sensible of her being present ; but he never spoke again, nor gave 
 any further signs of consciousness, and the next morning he expired. 
 
 The younger Bandiuel, notwithstanding his dreadful bruises, clambered 
 down the rocks, and got into the country to seek an asylum to hide him- 
 self among his friends. But his distress was too intense, and the danger at* 
 tendant on pity, too terrible, to enable him to find any protection. The dread 
 of offending a powerful and vindictive tyrant had deadened the very feelings 
 of nature. His mother, his brother, his brother-in-law, afraid of the search 
 that would be made for his apprehension would not harbour him,but removed 
 him elsewhere. Even the wife of his friend Henry Dumaresq of Saumarez, 
 then himself an exile, closed her door against him, till at last he was har- 
 boured by a widow, at the house of a Mr, Francis Luce in the parish of 
 St. Lawrence, who was then also a fugitive for his political opinions. 
 
 The very day after his escape, orders were issued for his apprehension. 
 (Cour du Samedi 11 Fierier, 1644-5), and all the Constables were directed to 
 make a general search for him throughout their respective parishes. The Lieu- 
 tenant Governor laid also an embargo on all vessels to prevent his getting out 
 of the Island, and offered at the same time a reward of 200 francs for his 
 apprehension. At length, after a diligent search of two days, he was disco- 
 vered ill in bed, and suffering from the effects of his fall. Captain De Carte- 
 ret on receiving this intelligence repaired himself to the widow's apartment 
 at St. Lawrence, that he might apprehend him himself, as if he had wished 
 to feast his own eyes with the wretchedness of a prostrate enemy. He wa 
 immediately remanded tohis former prison in Mount Orgueil Castle, where 
 finding himself very ill, he caused himself to be recommended to the prayers 
 of the faithful in some of the parish churches, and this probably was the 
 only manner in which the then depressed Parliamentarian party could indi- 
 rectly, though publicly, express their sense of these horrors, and of their 
 commiseration for the sufferer. In other respects he was treated rather 
 kindly in the Castle, till by degrees he partially recovered. 
 
 The day that he was retaken, the Dean's remains were consigned to an hum- 
 ble grave, under a large hawthoru,ia St. Martin's Church yard,of which parish 
 he had been rector. Thus perished this diguitary after having been Dean 
 of Jersey for 25 years. He is said to have been a man of great capacity, 
 but haughty and overbearing in his prosperity. It was his misfortune to 
 have fallen on evil times, through which it would have required consum- 
 mate prudence and dexterity, to have carried him in safety. His dissen- 
 sions with Sir Philip De Carteret, were equally fatal to both, and disastrous 
 to the country ; but if the latter was unquestionably the aggressor, the 
 former evinced too much of the impetuous spirit and the vindictive nature of
 
 337 NOTES. 
 
 (111 Italian. His cruelty to Sir Philip in his last moments was unchristian, 
 and unworthy of a man, but still more so, of one who ought to have been 
 a minister of peace. After every allowance is made, that cruelty toSir 
 Philip De Carteret leaves an indelible stain on his memory, and has the 
 effect of diminishing that sympathy which wouM have attached to his me- 
 lancholy fate, when the hour of his retribution arrived. His death however 
 untimely, perhaps saved him from an ignominious end, and ought therefore 
 to have been the less regretted by his own party. Sir George De Carteret 
 was violent and unforgiving, and there can be little doubt, that some months 
 after, when his Rt>yal 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 
 
 <Jes Etats de ceste ditto Isle, Maistre Martin Lengloyg a stey jure" t a 
 prins sermont sollempnell d'estre vray subject et obeissant a nostre avant 
 dit Sou verain Sire le Roy Edouard VIme par la grace de Dieu, Roy d'Angle. 
 terre, &c." 
 
 Note 175, p. 161. 
 
 The right and the manner of summoning the States, were finally settled 
 by an Order of Council of June 2, 1786, to which we refer the reader. As 
 the law is at present, it might be attended with much inconvenience. The 
 Governor and the Jurats have each the right of requiring the Bailly to 
 summon the States, nor can the latter hold them without the consent of the 
 Governor. If however that functionary should have an understanding 
 with the Bailly, and if their influence should be able to thwart the Jurats, 
 the States might in that case be hermetically closed, till they were opened 
 again after a tedious and expensive application to the Privy Council for that 
 purpose. 
 
 Note 176, p. 162. 
 
 This negative voice is further explained and established in the Order of 
 Council of March 8, 1771, which is pre6xed to the Jersey Code of Laws. The 
 Governor has seldom used that privilege, which after all, is harsh and unpo- 
 pular, and ought not to be used but in extreme cases. It was however had 
 recourse to by the two last Lieutenant Governors, Sir Colin Halkett, and 
 Sir William Thornton. The Bailly also obtained a kind of negative voice, 
 under the name of Dissent by the Order of Council of June 2, 1786. He can 
 employ it but when he conceives that the States are acting illegally. 
 It is then that the Dissent stops all their proceedings ; but he is obliged to 
 give his reasons in writing at the time, and to transmit them immediately to 
 the Privy Council. These precautions will in most cases prevent any abuse 
 of this extensive power. 
 
 Note 111, p. 162. 
 
 The States at present have not the power to order any new levies of 
 money on their countrymen, or even to contract loans without the permission 
 of His Majesty in Council. Formerly a rate was assessed on the inhabitants 
 to enable the States to meet the public exigencies of the Island. Every pa- 
 rish paid its proportion to this rate, according to its relative resources. 
 These proportions have not always been the same. Those now in use is in 
 the Jersey Code of Laws, page 275. The proportions iu the First Book of 
 the States, 1603, page 1, are different from those of the present day. More 
 than half a century before, the States had already ordered a rate to be 
 levied, the proportions of which were different from the subsequent ones, 
 (See Rolls, No. 2, October 1, 1550 J It is therefore evident, from these pre- 
 cedents, that the States, with the sanction of His Majesty in Council, have 
 the right to change or modify those proportions according to circumstances. 
 This rate has not been raised for many years, but the deficiency is 
 supplied by other funds at the disposal of that Assembly. These arise from 
 a small duty on Wines and Spirits to the amount of a few Thousand Pounds 
 a year, subject however to a heavy debt. 
 
 I 3
 
 426 NOTES. 
 
 .Vote 178, p. 162. 
 
 Those accounts are annually referred to what is called the Committee of 
 the Defence of the Island, whose Report J8 afterwards laid before the State?, 
 where it is generally approved of, A great part of the business of the 
 States is now transacted by Committees. 
 
 Note 179, p. 163. 
 
 The exact period of the formation of the States is unknown, though un- 
 doubtedly very ancient. They are recognised to have been such as they 
 are now in the Ordinances of the Royal Commissioners Pync and Napper 
 in 1591, but they existed in their present form long before that time. Some 
 times, however, the States contained all the notables of the Island, and it is 
 perhaps owing to that circumstance, that they are now called in the Records 
 the Commun Conseil de VIsle. In 1545,6, Feb. 10, one of those meetings took, 
 place in Trinity Church,to take in to consideration a letter from the Governor, 
 the Marquis of Hartford (Duke of Somerset.)* On the 6th of October, 1554, 
 a meeting of the States is styled Justice et tout les Estats et Commun Conseil 
 de csste Isle. Its proceedings were important as being a defence of their 
 privileges. The States met in June 30, 1546, in the heading of w.hich are 
 recorded the names of all the absent members. A few years afterwards, 
 December 30, 1553, Richard Payn, Rector ofSt, Ouen, was fined for his 
 non-attendance in the States. But not to multiply very ancient examples, 
 one more will suffice. The Heading of the States of the 24th of January, 
 1587,8, only a little more than three years and a half before Pyne and Nap- 
 per, was the very same as at this day. 
 
 It results therefore in substance, that the present constitution of the 
 States had existed Jong before Pyne and Napper, and that, it appears from 
 the earliest Records that they exercised some legislative power. The Court 
 however did the same, so that the Island till 1771, presented the anomaly, 
 of having simultaneously two separate legislative bodies. Some of the 
 headings of the States merely name the Jurats, and then add generally, the 
 Common Council of the Island, and there is still extant an Order of Bailly 
 Herault in 1618 to summon the States to advise the magistracy, (pour conseil- 
 ler la Justice). 
 
 Thus the legislative and judicial constitution of Jersey, is still the same 
 with a few changes and modifications, as it was in the time of our historian. 
 It is however impossible to express an opinion about its future permanency ; 
 or whether that permanency would be desirable for the country. The ma- 
 jority of the inhabitants wish for its continuance, while others imagine that 
 it ought tobe improved in proportion to the march of intellect, and the im- 
 provements which are progressively taking place in the surrounding coun- 
 tries. On the other hand it is contended, that the present insular constitu- 
 tion is venerable from its antiquity ; that under it the country has invariably 
 flourished : that innovations are always dangerous, and that under it the Is- 
 
 * The States met on the!9lh of October, 1542, and did already, as they do 
 at thisday, contain a full heading, or denomination of all the members.
 
 NOTES. 427 
 
 land has preserved a kind of national existence as a loyal and distinct pet-pie, 
 all which would be lost as soon as they were made to share in the institutions 
 of Great Britain, and perhaps compelled to share in the burden of its taxes. 
 Whatever may be the rssult, let us hope as good patriots, that Providence in 
 its wisdom will order all for the advantage of our dear native land. 
 
 Note 180, p. 164. 
 
 For many years past the army clothing and accoutrements of the militiamen 
 have been supplied by the Kiug,so that the rich proprietors are relieved from 
 the expence of supplying their poor neighbours with arms. In (he division 
 of estates among co-heirs, the eldest son has still an allowance, which may 
 be estimated at about 30 shillings a year for each musket, which he is liable 
 to furnish. The number of those muskets is according to the value of the 
 respective estates. Most of the principal land holders are officers,and serve at 
 their own expence. We had omitted to state at Note 142, when speaking of 
 the insular artillery, that by an Act of the Court of April 16, 1561, the 
 Constable of St. Mary was ordered to pay one Nicholas Le Cousieur, for the 
 purchase of two pieces of Artillery. 
 
 Note 181, p. 165. 
 
 It would appear from an Inquisition of the Services, &c. due by the Island, 
 of the 32d of Her.ry I II, (1248), that Justice was administered in the Islands 
 by Justices Itinerant sent from Normandy. (Arl.TiV.') "Item dicunt quod tern- 
 pore Regis Henrici, Patris Regis Johannis, Radulphus deWalemuit tenuitAs- 
 sisas in Insulis, et terras tune vastas feofavit, at ad redditum assedit, scilicet 
 singulis anni XXX libras turonenses." 
 
 After Normandy had been subjected to France, a new order of things be- 
 came absolutely indispensable, the result of which was the Charter of King 
 John, and the institution of Jurats. 
 
 It does not appear that all the Constitutions, or the whole Charter of 
 King John, were given by that Prince ; but the error has arisen from the cir- 
 cumstance, that the collection now extant, was collected from the answers to 
 several ancient Quo Warrantos,by the Revd. Thomas Olyvier, who was Rec- 
 tor of St. Helier, a person of some note in his time, and whose name often 
 occurs in the transactions of the States. The copy of that Charter which is 
 now in use, was, according to Mr. Le Geyt, presented by him (Olyvier) in 
 1604, to Sir John Peyton, who was then Governor of Jersey. 
 
 The right of Henry VII is the next remarkable period in the History of the 
 privileges of Jersey, The Charters which wese granted by that Monarch, 
 were however but confirmations of the Constitutions of King John, with 
 such additions as the circumstances of the times had rendered necessary. 
 The Charter of Elizabeth is again nothing, but a more detailed confirmation 
 of the grants of so many former princes. This again was ratified by the 
 four Kings of the Home of Stuart. 
 
 In a Record of the 2d of Edward II (1308), the inhabitants of the Channel 
 Islands are mentioned as having all the rights of " British. subjec(n,aiid ought
 
 428 NOTICS. 
 
 not iu any Trine to be treated as aliens." " Omnesque et singuli d Commit'' 
 nitatibus illis, l indigene, et non alienigene reputati, nee ad aliquas custu- 
 mas, tanquam alieuigene infra regnum nostrum solvendum debeant com- 
 pel I i." 
 
 JVote 182, p. 169-171. 
 
 This privilege would seem to be a contradiction to that unceasing hosti- 
 lity of France, to which they have at all times been exposed since their sepa- 
 ration from Normandy. No doubt can however exist that the privilege L.ad 
 once existed, though it is still more doubtful whether it was ever respected 
 to any extent. 
 
 It is however possible to conciliate this seeming contradiction, if we sup- 
 pose the Channel Islands to have been then considered for the mutual ad- 
 vantage of the neighbouring potentates, as free ports, or a kind of Hanse- 
 atic Towns, a privilege for which from their particular situation, they were 
 eminently well adapted. The Bull of Sixtus IV mentions the advantages 
 they afforded as places of shelter for vessels in distress, and their conve- 
 niences for the prosecution of trade. Commodities from other places would 
 be brought there, and exchanged for those of other countries, and the 
 Islands bring small and insulated spots, then of little importance, that 
 traffic would not be thought to be so dangerous, to any of the surrounding 
 states, as if it had been carried on from any port in the heart of their res- 
 pective dominions. The fishery of congers was carried on iu those ages, 
 as we have already seen at Note 93, on an extensive scale in the Islands, 
 where traders from the Continent resorted for their necessary supply of 
 that salted commodity. 
 
 The strongest reason for the concession of this neutrality is however to 
 be sought principally in the very limited commerce of those times, and 
 that it excited little or no attention, or jealousy among the contending- pow* 
 ers. It was not yet understood, that the resources of trade are one of the 
 chief sinews of war, and that its annihilation is always the most effectual 
 means of annoying, if not of subjugating an enemy. The rival powers 
 did not extend their views beyond the mutual conveniences to be derived 
 from the exchange of useful commodities, 
 
 Be it as it may, the Channel Islands must have made a very early pro- 
 gress in navigation, for which they were indebted ou account of their gen- 
 graphical position. The First Volume of the Fcedera, part II, p. 928, 13CJ, 
 contains a list of the several English Ports, which wore ordered to send 
 their contingents to the fleet of Edward I, at Berwick, for the invasion of 
 Scotland. It is gratifying that our Islands were in that list, and that they 
 were ordered to furnish ten vessels. 
 
 The neutrality was nevertheless but little respected, and never existed 
 without controversy except in old parchments and charters. The Islands had 
 been repeatedly ravaged notwithstanding their exemptions from being made 
 the scene of hostilities. We shall quote from the Fcedera, but a few exam- 
 ples, which are of the reign of Edward III, A. D. 1335, p. 969. Order to 
 fortify the Islands ou account of the appearance of a large hostile flfet.
 
 429 
 
 1337. A Commission to train the Inhabitants of the Islands to the use of 
 arms. 1337. p. 982. Seizure of the Alien Priories by the King. 1338. 
 p. 1026. Ravages of the French in the Islands. 1340. p. 1110. Horrible 
 cruelties committed by a French fleet in Guernsey. 1342. Thomas de 
 Hampton, Warden of the Isles, unable to make a remittance to the Exche- 
 quer on account of their having been ravaged. 1340. p. 1154. A Royal 
 Letter demanding assistance from the Islanders, and a promise of favour.* 
 1341. p. 1167. A Confirmation of Privileges. 
 
 We may suppose that this unsettled state, or rather struggle between real 
 hostility and inefficient privilege continued for about 150 years longer, till 
 the latter end of the reign of Edward IV, when an application was made to 
 the Pope,by that Sovereign, and the people, and the clergy of the Channel Is- 
 lands to annihilate that horrible state of outrage and devastation by means of 
 the severest censures of the Church. His holiness issued a Bull in conse- 
 quence, (See pages 171 and 132J which probably repressed the depreda- 
 tions and piracies it mentions, but could not restore that neutrality which 
 neither party would be inclined to respect. The Bull itself is a curious 
 document, and fully indicative of the high pretensions then arrogated by 
 the Church of Rome ; but which would never have been found fault with , 
 had they always been thus applied to promote the restoration of peace and 
 good will among mankind. We regret that its extreme length prevents 
 our laying a translation of it before our readers, a French one of which has 
 however been published in the Appendix to Le Jeune"s History, p.p. 31 50. 
 
 The Bull is dated the 1st of March 1483,4 or nearly a year after the 
 death of Edward IV, who had expired April 3, 1483. The observations of 
 Mr. Falle, (page YJ1) on Richard III are inaccurate. Edward IV had in- 
 deed applied for the Bull, but had not lived to see its grant, much less its 
 publication. Richard III was already on the throne when the Bull arrived, 
 and it was not necessary to be either a tyrant or an usuiper, for a Sovereign 
 to examine, whether an indulgence granted by a foreign Potentate to any 
 of his own subjects, might not be prejudicial to him and to his kingdom. The 
 i*eign of Richard III was so short and so stormy, that he could not have 
 given much attention to this Island, whose inhabitants were probably not 
 entirely Yorkists, though Harliston, the Governor, and Philip De Carteret, 
 of St.-Ouen were of that party. The Earl of Richmond, since Henry VII, 
 Would not have sought an asylum in Jersey, had he not had there some con- 
 cealed friends. 
 
 The Bull of Sixtus did not produce the effect of restoring security to the 
 islanders. There is a curious Act of the Royal Court of the 21st of Octo- 
 ber, 1545, by which the inhabitants are enjoined to carry sticks for their 
 protection, (porter des batons. ) It was not many years before, that according 
 to the Jersey Chronicler, (See ch.xviii.) Richard Mabon,the then Dean of the 
 Island, had been dragged out of his bed, taken on board of a Spanish free- 
 booter, and been obliged to pay a heavy ransom for his release. It is nu- 
 gatory tfo talk of the neutrality, which our ancestors are reported to have 
 enjoyed, among whom such a disorganised state of society was tolerated.
 
 430 NOTES. 
 
 The XXIVth Chapter of the Jersey Chronicles contains some Curious 
 particulars bow this neutrality vas at once neglected and respected at the 
 same time, about 1550. Henry Cornishe, the Lieutenant Governor of Jer- 
 sey, had a vessel of his own which was richly laden and at anchor in St. 
 Catherine's Bay, carried off by some French Galleys, while that gentleman 
 protected some French barks then trading in Jersey from capture by some 
 English vessels. A violent altercation is said to have taken place between 
 Cornishe and one of the English Captaius : but the former was firm in his 
 resolution to protect the French traders and succeeded. " 77 vint aussy des 
 barques (TArtgltlerre du temps du dit Henry Cornishe, Lieutenant en ladite Isle 
 de Jersey, lesquelles barques estoient en g uerre centre les Ftan^ois* Entre quelquei 
 barques, tin des Capitaines d'icelles voulut prendre et emmener qnelque.i barques de 
 France, qui pour lots etoient en Jersey, avecq de la marckandite tant de tallies que 
 vins et aultres chases, ce quo ledit Cornishe ne voulut permettre, fyc," It cannot be 
 doubtful that such a neutrality has existed, but it is equally certain, that it 
 was never effectual but so far as it suited the convenience or the interest of 
 the belligerents, and this instance of Henry Cornishe may have been some- 
 thing not unlike the trade, that was carried on with France during the late 
 war by means of licences, 
 
 The case of the privateer of Morlaix, and the Letter of the Count of 
 Laval, &c., are of little consequence, and were either the effects of an osten- 
 tatious liberality, or of an interested desire in either of the parties to revive 
 an impracticable neutrality, which had never been fully efficient, and which, 
 as it were by mutual consent, had fallen into disuse. 
 
 Note 183, p. 171. 
 
 It has not been our good fortune to meet with Pointy's case, and there- 
 fore we shall not discuss it. There is an Act of the Court of August 25, 
 1548, about some privateers, and another of December 28, 1549, on the same 
 subject, from which it appears that two mariner's of Granville, Jean Gaul- 
 tier and Guilleaume L'Esvesque, having been taken by an English pinnace, 
 were ransomed for 18 Crowns of gold, which were advanced for them by 
 John Mallet, of Grouville, under the security of Louis de Caval, a merchant 
 of Rouen. Caval having afterwards endeavoured to elude this payment, 
 was compelled to make it good by the Court Those facts are very far from 
 proving that these Islands were either neutral, or had a right to be treated 
 as such. 
 
 Note 184, p. 172. 
 
 John Bailhache, the person in question, was a Jerseyroan, and therefore it 
 did not require this pretended neutrality to procure the restoration of hi 
 property from an English Privateer. The difficulty that must have arisen 
 must have been on the ground that the goods in question belonged to 
 French subjects, and that their capture was resisted on something like the 
 modern principle that free bottoms make free goods. It is a pity that Mr. 
 Falle has not referred to the part of the Rolls of the Court in which thes 
 proceedings arc to be found.
 
 NOTES. 431 
 
 The name of the snme individual is connected with an Order of Council 
 of the 23rd of July, and registered the 26th of August, 1628, which 
 shows with how much diffidence one ought to refer to the justice of those 
 times. A bark of which John Bailhache was the owner, having been drawn 
 up on shore to be caulked, an accident happened by which two men were 
 killed. The vessel was forfeited as a deodand to the King 1 , and the unfor- 
 tunate owner having appealed to Council,the former sentence was confirmed, 
 and he was further obliged to pay 20 costs for his obstinacy ! ! 
 
 Note 185, p. 173. 
 
 Those Norman Ecclesiastics had not a very quiet enjoyment of their 
 possessions, as appears from the Fcedera lately published by order of the 
 British Government. Edward II, 1339. Vol. 1,/>.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 severi<y,which would not have been exercised, if the Re-
 
 NOTES. 437 
 
 formation had not been already established. " Apres le Record du Connos- 
 table de la paroesse de St.-Pierro, lequel a recordey avoier adjourn^ Pierre 
 Fallu de comparoestre & ce present jour et Marie sa femme en justice, ponr- 
 tant que Diinanche dernyer passe, sadite fcmme avoit apportg une paire de 
 paternosters il 1'eglise, lequel Connestable fist charge et commandement a 
 lavant dite femme de luy bailler, lefcquelles paternosters, ce quelle ne voullut 
 pas faire. Apres lesquelles choses par loppinion des justieiers presens,ledit 
 Pierre est regarde aller au Chasteau corporellement." 
 
 These two Acts, as well as that quoted in the next Note, have been lately 
 extracted from the Records of the Island, and were probably unknown to 
 Mr. Falle. (Consult also the Jersey Chronicles, Chapter XXVI.") 
 
 It is not however to be supposed that the Reformation was unanimously 
 introduced, and without any opposition from the inhabitants. An Act of the 
 Royal Court of the 4th of May, 1548, shows how ihe Rector of Grouville 
 was nearly ejected from his benefice, in all probability for his reluctance 
 to adopt the opinions of the Reformation, V/e insert that Act : 
 
 " John de Soulemont et John Payn, fils Charles, soiit devenus et demeures 
 pleiges pour Sire Jacqs chevalier, Mynystre, en la paroisse de Grouville, 
 que ledt. Sire Jacqs soy coportera en son benefice accordant la charge de 
 son office, qu'il copestra en Justice toutes fois et quautes qu'il en sera requis 
 ou comande, pour respondre toutes fois qu'il seroit trouve deffectif selon sa 
 charge." (Tire iTun vieux Rolle gui se troupe dansS* No. 43, 1639, 21 Janvier.) 
 
 Sire Guilleaiime Le Ray, the Rector of St. Saviour, was not so fortunate, 
 and lost his benefice for his Catholicism, till he was restored under Queeu 
 Mary in 1554. The following is his memorandum of that transaction in 
 the St. Saviour's Parish Register. 
 
 " Depuis 1'an quarante huict, je nay point arreste les noms de ceux qui 
 sont trespassez, pour ce que je fus mins hors de mon benefice 1'espace de 
 cinq ans, pour le tumulte qui se fit en PEglise ; puis en Pan 1554, je fus res- 
 tably en mon benefice. Alors j'ai recommence a escrire." 
 
 Mabou, the Catholic Dean, died about that time, and Pawlet a Catholic 
 Deati was presented to the living of St. Martin in 1554, and the presentation 
 of one Gouray by Queen Mary was cancelled by an Order of Council, Was 
 it in reality because Gouray was a protestant ? The History of Jersey for 
 that period is involved in a great deal of obscurity ; but after producing the 
 aboye authorities, I have no hesitation to fix 1548, or the 2nd of Edward VI, 
 as the year that the Reformation and the Liturgy were first legally esta- 
 blished in Jersey. It is however a palpable absurdity, that two years 
 afterwards, 15th of April, 1550, the protestant administration of Edward VI, 
 confirmed the jurisdiction of the Bishop of Coutances, and thus enabled a 
 prelate, who was an alien and a Catholic, to exercise his ecclesiastical power 
 over a protestaut population of British subjects. 
 
 Note 198, p. 192. 
 
 The Jersey Chronicler, Chapter XXVII, coincides in Mr. Falle's asser- 
 tion. On inspecting the Records, I have been unable to find any direct res- 
 toration of the Catholic worship under Queen Mary, though the fact iteeli'
 
 438 NOTES. 
 
 is certain. If there were ever any Official Documents of the kind, the/ 
 have probably perished with the Records of the Catholic Spiritual Court of 
 the Island. I quote an Act however (Exlraordinniie, No. 3, 24 Juillet, 1557 ) 
 which proves that mass had been restored here during (hat reign. 
 
 " Vincenne Valon apprehende par les Officiers du Roi pour cause de lar- 
 citi, a confesse. avoir desrobe a Collas Le Petevin, alias Le Roux, quatre 
 gerbes de bie, a raison de quoy, (en ayant promyns de non jamais y retour- 
 ner sur peine d'estre pngny corpnrellement 5 Et pour exemple de* a-jUre*,) 
 51 est commande an Connestable de la Paroisse de Saint Brelade de mettre 
 dimanche prochain venant ladite Vincenne au chef une heure, d Fyssue de 
 la Messe parochialle ea Saint Brelade." 
 
 The account of Richard Averty is in the XXVI II, not the XXIX Chapter 
 of the Jersey Chronicles. It is said there that he resided hi St. Brelade's 
 parish, and that he was the Official of the Dean's Court. I presume that 
 he was not the Rector, as one Nicholas Alexander is mentioned as such in 
 1554, (See Extraordinaire, No. 3, September 13.) The late Thomas Anley, 
 Es(|., a Jurat of the Royal Court had a copy of the Act of Averty's condem- 
 nation ; but I could not find it on an inspection of the Records. The name of 
 this Averty often occurs in the Records either as a suitor or a witness. fSee 
 Extraordinaire, No. 2, 13 Mars, 1545.) It is not generally known that the word 
 Sire was then prefixed to the names of Catholic Priests, like Reverend is now 
 to that of Protestants. I have been unable to discover why the word was 
 thus applied, or what meaning it was intended to convey. Many of those 
 Sires or Peres acted as Notaries, and it is a remarkable circumstance that 
 the Deed of Gift of Catherine de Vinchelez to Richard De Carteret, in 1504, 
 was executed by the Rectors of St. Brelade and St. Mary, Richard Le 
 Hagues and Nicholas Despelits,who were both notaries, the former of whom 
 was also the Dean's Vicaperesit, or Sub Dean. 
 
 Note 199, p. 193. 
 
 This document of the claims of the Bishop of Coutances is still extant, 
 a copy of which is in my possession. It was extracted from an ancient 
 manuscript supposed to be the same as that which our historian mentions 
 at page 128 of his first Edition, as having belonged to Sir Philip De Car- 
 teret, Bart., of St.-Ouen, who died in ]692. These claims are said to have 
 been submitted to the Royal Court on the 25th of August 15G5, by the Bi- 
 shop's Agents; but on examining the Records some years ago, I could find 
 no mention of the circumstance. It is probable that these demands were 
 summarily rejected, and that as it happens in those cases, no entry was 
 made of that unsuccssful application. The claims of the Bishop of Cou- 
 tances were finally set aside by an Order of Council of the 16th of March 
 1568, which annexed the Channel Islands to the Diocese of Winchester. 
 
 We add Mr. Falle's account of the Bishop of Winchester's power in these 
 Islands, as it stands in his first Edition, page 183, bi't it does not appear in 
 the second. The First Edition had given a clearer, a more correct and a more 
 constitutional view of the matter ; for if one examines the Cauons carefully,
 
 439 
 
 unwarped by the fear of disobliging, or by the hopes of personal favour, it 
 would be evideut that the Bishop of Winchester has very little ecclesiastical 
 power in Jersey, and that he is little more than a Judge in Appeal. 
 
 " The Bishops of Dol and Coiuanecs,.for the exercise of their authority, 
 had iu each islard of Jersey and Guernezey, a Commissary or Surrogate, 
 called Dccanui, the Dean : an Office of great antiquity, since I find it men- 
 tioned in very old Records, and have reason to believe it as ancient as 
 episcopacy, and consequently as ancient as Christianity itself, in these 
 Islands. To him those Bishops left the cognizance of all matters of eccle- 
 siastical jurisdiction, reserving only to themselves Ordinations, Institutions, 
 and Appeals. The same power is vested in the present Deans, with this 
 limitation, that they are to govern themselves by the advice and opinions 
 of the rest of the ministers, who are to be their constant assessors, much 
 after the manner of those ancient Presbyteries or Councils of priests, v ho 
 rate with the Bishops in their Consistories, and assisted them iu giving 
 judgment in all causes brought before them ; an excellent government, 
 and grounded on the primitive pattern. 
 
 " When the office of Dean was revived in Jersey in the reign of King 
 James I, a motion was made to give the said Dean the Power of a Bishop 
 Suffragan within the Island ; appeals being still reserved to the Right 
 Reverend Father in God, the Lord Bishop of Winchester. I could never 
 know why that motion was rejected. But we daily see the necessity of such 
 a power, particularly in the want of Confirmation of Children after bap- 
 tism ; that Apostolical institution being thereby become altogether impracti- 
 cable amongst us. Nur have we any way to supply that defect but by tak- 
 ing great care, (as we generally do,} to have Children brought to public 
 Catechism, where in the presence of God's Church, they renew their bap- 
 tismal vow, and taking upon themselves the obligations of Christianity, dis- 
 charge their Sponsors of the promise made for them at their baptism. Upon 
 which, and not before, we admit them to the Holy Communion." 
 
 .Vote 200, p. 196. 
 
 John Pawlet, a brother of Sir Hngh Pawlet, was the last Catholic Dean,& 
 died in 1565 ; so that from his death to the establishment of Mr. Baudinel 
 into that office, there had elapsed a space of almost sixty years. Dr. Sheb- 
 beare has adopted the same opinion, that it was from a motive of economy, 
 that ihe Governors encouraged the suppression of the Deaneries. There 
 are however no good reasons, nor any documents remaining to warrant such 
 a supposition. The name Pawlet is generally spelt Poulet in our Records, 
 but that seems to have been an error of the clerks. 
 
 Note 201, p. 198. 
 
 The Ecclesiastical Discipline is printed iu Dr. Heylin's Survey. It is re- 
 markable that this Ecclesiastical Discipline was reprinted in 1642, more 
 than 20 years after the establishment of the Canons, and when one would 
 have imagined that Discipline to have been nearly forgotten. The fact is that 
 Guernsey was not brought in within the pale of conformity, till the Restora-
 
 440 NOTES. 
 
 tion in 1660, which may perhaps account for the Parliamentarian bias of that 
 Island during the civil wars. In Jersey likewise ihc Calvwi^ti' pnrty conti- 
 nued tobc very strong, partly from the retention of theii- religions principles, 
 and partly through the hostility occasioned by the uucouciliating character of 
 Dean Bandmul. In 1643, when Sir George De Carleret recovered the Is- 
 land from the Parliamentarians, the first thing he did to conciliate the inha- 
 bitants was to proclaim the restoration of public worship as it wasin the rei<*n 
 of Queen Elizabeth. This was done at the very time that Charles I was 
 engaged in a civil war, mostly to maintain episcopacy. Yet Sir George De 
 Carteret had the confidence to tell the good Jersey people in that Procla- 
 mation : " Sa Majeste a vouln que je donne a cognoistre a see subjects de 
 ceste Isle, que ses intentions ne sent point autres que pour le maintien de la 
 vraye Religion Protestante, telle que du temps de la feue Royne Elizabeth, 
 sans invasion ou alteration quelconque, de laquelle Sa Majest6 encore d'em- 
 pnis pen, afu.it solempnelle protestation en recevant les f>acrements,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></'* 
 Supper to the people kneeling, are now in general use. 
 
 It is another peculiarity that before the Canons were enacted, and during 
 the time they were suspended by the civil wars, Fast and Thanksgiving 
 Days were appointed by the Royal Court. The Dean and Clergy are em- 
 powered to do this by the Sixth Canon, with the consent of the Governor 
 and the Civil Magistrate ; but this is now seldom practised, and those days 
 are generally observed here only when ordered by the King's Proclamation. 
 There was however an exception to this when the States appointed a Fast 
 
 Day in 1832, during the prevalence of the Cholera in the Island. 
 
 9 > 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 <fy agir d la place du 
 Recteur de la Paroisse de la Trinite, absent de risle. 
 
 No. 2. Estats, 13 Mats, 1728,9. ' Raulin Robin, e'er , Jean Pipon, e'er., et 
 Philippe Patriarche, cr., du Corps de la Justice, Messieurs les Recteurs 
 des Paroisses de Saint HeTier, de Grouville, et de Saint Clement, et les Con- 
 ne'tables des Paroisses de Saint Martin, de Saint Onen, etde Saint Brelade, 
 (deux de chaque Corps pouvant agir,) sont requis et autorises de s'assem- 
 bler en Comite, pour dresser une Trds Humble Requete d Sa Majeste, et des 
 Lettres et Requetes d ceux qtt'ils jugeront necessaires en outre, pour etre signds 
 par les Estats, ajin de prevenir et empecher, s'il est possible, qu'auciin autre qu'un 
 natif de cette Isle de Jersey parvienne d la charge et dignite de Doyen de cette 
 dite Isle de Jersey, d present vacante." 
 
 No. 3. Estats, 28 Mars, 1729. " Messieurs les membres da Comite ap- 
 pointe par Acte du 13e. jour de ce present mois, ayant aujourdhuy produit 
 des Requetts et des Lettres par eux dresse'es et ecrites aux Jins de prevenir et empe- 
 cher, *'i7 est possible , qu'un etranget soit revetu de la charge et dignite de Doyen 
 de cette Isle, et pour tacker d"obtenir que ce soit un natif de cette dite Isle, gui y 
 parvienne ; Lesdites Requetes et Lettres ont etc ce jourdhuy approuvees et signees 
 par la plurality des membres des Etats." 
 
 No. 4. Estats, 12 Juillet, 1729. " Le R6vrend Monsieur Thomas Scale 
 ayant aujourdhuy fait tin recit aux Estats de ce qai s'est passe en Angle- 
 
 "5JOJI II"! l--tltiiTI.'').i ' , ,t>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<mne et zele en la religion et au service de Dieu." (Canon, 51 Sec. also 
 Note 212.) The Rev. Francis Payne who was appointed Dean in 1729, was 
 under thirty years of age. (See Note 212, p. 208.,)
 
 NOTES. 463 
 
 Note 243, p. 251. 
 
 This Canon is absurd, as it gives the Dean the power of asking the opi- 
 nious of others, aud then following his own, instances of which have some- 
 times occurred under former Deans. There has been however nothing of 
 the kind within the last half century. It is unknown how this 21 Canon 
 found its way among those Constitutions, as it is not in the Canons, which 
 the Dean and MitiUters presented to James I, (See page 246) and from which 
 the present ones were revised aud corrected with the consent of all parties. 
 If a conjecture were to be hazarded, one would suspect, that it was a con- 
 trivance of the Dean, David Bandinel, for whose arbitrary character and 
 disposition to intrigue, we refer our readers to Note 46, p. 336. The original 
 Canon was more equitable, and was moulded according to the manner of 
 proceeding in civil matters. We quote a few of those Canons. (De la Cour 
 et Procedures- Can. 107 110.) " Le Doyen aura la mesme authorite en la 
 Conr Ecclesiastique, comme a le Bailly en la Court Civille, et jugera de 
 toutes causes d'instance entre partie et partie, par la pluralite des voix des 
 ministres ses Assesseurs, comme fait iceluy Bailly par la majeure voix des 
 Jurets qui 1'assistent, pourveu que ce. ne soit contre ces presentes Consti- 
 tutions. 
 
 108. " Le Doyen n'estant de mesme opinion, que ses Assesseurs, il pourra 
 differer la cause ex officio judicis, et la mettre pour estre consultee et jugee 
 par tout le Corps des Ministres. 
 
 109. ' Es causes esquelles le Doyen se trouvera partie, ou ayant quelquc 
 interest en la cause, 1'ung des Ministres sera choisy par le diet Doyen, 
 cstant approuve par les Assesseurs, pour presirter en la cause. 
 
 110. " Le Doyeu ne pourra tenirla Court sinon assiste de trois Ministres 
 pour le moins, lesquels seront obliges de s'y trouver, et s'il se rencontre 
 quelque rause difficile et d'importance, il en pourra appeler un plus grand 
 nombre." 
 
 Note 244, p. 252. 
 
 A great part of this Canon has fallen into disuse, aud would be imme- 
 diately repealed, if attempted to be enforced, as totally incompatible with 
 the spirit of the age, aud the present enlightened principles of toleration. 
 Some of the other subjects mentioned are also of the cognizance of the Civil 
 Court, where they are generally tried with the consent of all parties. 
 
 Note 245, p. 252. 
 
 These Visitations'are still held occasionally, and are very much the same 
 as those of a rural Dean in England, for the repairs of the Church, and in 
 this Island, for the repairs of the parsonage houses, and their out buildings 
 likewise. These visitations take place, when there are difficulties on the 
 part of the parishioners, when in general they end by the adoption of con- 
 ciliatory measures proposed by the Dean. The people are well acquainted 
 that the spiritual power could not enforce any of its injunctions but by 
 means of Ecclesiastical Censures, which in this age are received with aver- 
 sion and contempt, if not inflicted with particular circumspection.
 
 464 NOTES. 
 
 Note 246, p. 252. 
 
 This Canon differs from it, and is mure equitable than the English law in 
 case of a vacancy, where the family of the deceased are entitled only to 
 what was due at the death of their relative. The writer of this note recol- 
 lects an instance of an English living of 1000 a year, where the incumbent 
 having died about the end of July, his successor carried off the whole of 
 the tythes, though he had had the responsibility but one mouth out of the 
 twelve, while the executors of his predecessor received for the service of 
 eleven months almost absolutely nothing. 
 
 Note 247, p. 253. 
 
 During the time that there was no Dean, from John Pawlet's death in 1565 
 to the establishment of Bandinel in!620,the cognizance of the several matters 
 mentioned in this 26th Canon, had devolved to the Civil Court. At that 
 period the personal property of the Inlanders was inconsiderable, and the 
 business it created, was small in proportion. Since the increase of funded 
 property, the fees arising from the proving of wills have become a consi- 
 derable part of the Dean's perquisites, a large part of whose official emolu- 
 ments are derived from casual profits of the kind. 
 
 Some years ago, an English professional friend supplied us with the fol- 
 lowing particulars for the probate of wills. " Any will requiring to be 
 proved, when the property is in England, if sent to Messrs. Dyke and Stoke, 
 Proctors, Doctor's Commons, London, or to any other Proctor in Doctor's 
 Commons, in England, they will do all the business of proving the will, &o, 
 al less expense, than by the more circuitous mode of applying to the Eccle- 
 siastical Court of Jersey, which properly has only to do with it, when the 
 property is in the Island. 
 
 " In proving the will at Doctor's Commons, a Requisition is sent from 
 thence to the Dean of Jersey, requiring him to swear the Executor of it, as 
 to its validity, &c., and which being attested by the Dean, is returned to the 
 Proctors, and they complete the business." 
 
 Note 248, p. 254. 
 
 Most of the benefices have terriers of this kind, some of which are very 
 ancient, but which on that account are of very little use, except where 
 there are other terriers of intermediate, or more recent periods to corres- 
 pond with them. The rights of those benefices are not only difficult to be 
 established, but in many cases, they are either eluded or resisted. The 
 tythe of fish has been established at different times by a great number of 
 precedents in the Royal Court, but it has not been paid for the last 70 years. 
 The deserts, or novals, are the most intricate of those rights, for an account 
 of which, we refer the reader to pages 207, and 208. The making of a gene- 
 ral terrier at this time, if it were to be made according to the forms prescri- 
 bed by this Canon, would be attended with considerable expence. 
 
 Note 249, p. 254. 
 
 There is a curious discrepancy between the original and the translation, 
 from which there has resulted much uncertainty. It is about the Minis-
 
 NOTES. 465 
 
 ter's right to appoint a Churchwarden. The original says " Que si lesdiis 
 Paroissiens ne peuvent accorder en ['Election, S;c." as if the difference of opinion 
 must be among the parishioners themselves, before the Minister could in- 
 terfere with a choice of his own, while the English translation referring to 
 the beginning of the Canon, Ministre et Paroitsiens, merely says if they cannot 
 agtee in the election, the Minister shall have power to name one, %c. This would 
 mean, therefore, that the Minister's difference of opinion with the Parishion- 
 ers, would enable him to name a Churchwarden. The original Canon is 
 however thai which ought to be followed, and with a view to conform to the 
 strict letter of the Canon, it is usual, that when the Minister wishes to exer- 
 cise his right, he contrives to get two friends to move and second a motion 
 for another candidate, which proves at once canonically that lesdits Parois- 
 siens ne peuvent accorder en I Election, S$c. It is to be lamented, that the 
 plain meaning of any particular law cannot be executed without having re- 
 course to such petty subterfuges. 
 
 It is remarkable that this English translation is taken verbatim from the 
 Original Canons which the Clergy submitted to James I, which were 
 amended into the present ones. It is of course uncertain whether the alte- 
 ration was merely one for the better wording of the Canon, or whether it 
 was done slily, though intentionally, to curtail the right of the Minister. We 
 quote that Canon. LXI. " Chacque sepmaine apres Pasques, le Ministre 
 et les Paroissiens de chacque Eglise choisiront deux Surveillans, gens clis. 
 crets, de bonne conversation, et des plus capables, ii tout le moins, scachans 
 lire et escrire, s'il est possible. Que s'ils ne peuvent accorder en {"Election, le 
 Ministre aura pouvoir d'en nommer uu, et les Paroissiens i'autre, par la mo- 
 jeure voix d'iceulx, et seront puis apres assermente's d la prochaiue Court, 
 et bien advertis de leur debvoir." 
 
 Note 250, p. 256. 
 
 At present it is only in the absence of the Churchwardens, that the Collec- 
 tors afford that assistance to the Minister. Their duty of collecting Alms 
 at the Church door has become nearly nominal, since a provision for the poor 
 has been made out of a rate, which is assessed by the Vestry on the free- 
 holders of each parish, according to the supposed value of their property. 
 
 Note 251, p. 256. 
 
 The un am ended Canon ran thus. LXXIV. " II y aura deux nu trois Collec- 
 teurs en chacune paroisse, selon le nombre desportes du Temple d^iceluy, qui s'ou- 
 vrent ordinairement, c." It is impossible to conjecture what could be the 
 reason, to limit the number of Collectors to two, as at that time the place, 
 however respectable, conferred neither power nor influence. The number 
 continued to be elected according to the number of doors, and to be 
 sworn in at the Dean's Court, till within these few years, when the present 
 Canon was strictly enforced. The Collectors acquired the right of voting iu 
 the parochial Vestries by an Order of Council of July 31, 1804. Since that 
 period, it has been an object either to increase or diminish thei r numbers, ac- 
 
 O 3
 
 406 NOTES. 
 
 cording as they could be rendered politically useftil to either party In those 
 
 Vestries. 
 
 There is another truly respectable point of view, in which the Collectors 
 ought to be considered. It is that of assistant overseers of the poor to the 
 Churchwardens. These Collectors are generally young men of good family 
 and character, who begin with this office. In large parishes, where the poor 
 are very numerous, they are particularly useful in visiting, and making a re- 
 port of their real situation, aud in many instances, in procuring relief, where 
 it is necess<try,as well as in preventing imposition on the parochial authorities, 
 
 Note 252, p. 257. 
 
 The Parish Clerks are still the same respectable class of men mentioned 
 by Mr. Falle in his Note ou this Canon. They are elected by the Vestry, 
 but at this moment it is an undecided point, whether the Parish Officers, 
 who acquired the right of suffrage in those Vestries by the Order of Council 
 of the 31st of July, 1804, hace, consistently with this 38th Canon, the fur- 
 ther right of voting at those elections. 
 
 I apprehend that the Clerks reading the two Lessons, is a remains of the 
 Discipline of the French Reformed Church, which prevailed here during the 
 reigns of Elizabeth and James I, and that this was one of the points, the re- 
 tention of which was connived at on the establishment of the Canons. The 
 Clerks formerly sung a verse of the 39th,or of the 90th Psalms at funerals,but 
 this has been dispensed with since the Bishop of Winchester has visited these 
 Islands. Perhaps the next important and salutary reform will be, that the 
 Clerks may be deprived of their ancient privilege of reading the Lessons ! 
 
 Note 253, p. 257. 
 
 Every parochial Vestry chooses now its owa Sexton, or Grave-digger, 
 whose office is generally for life, if he behaves well- He is not sworn in, 
 but his office is recognised by an Act of the States of the 30th of March 
 1804, since confirmed by an Order of Council of the 31st of July 1804. 
 
 Note 254, p. 257. 
 
 This Cauou has fallen into disuse. The Parish Clerk was formerly the 
 Schoolmaster likewise, and it is still within the memory of man, that there 
 have been actions made, and judgements rendered according to this Canon 
 in the Dean's Court, It is not only the spirit of the age, but the increase 
 of the population of St. Helier, which has rendered this impracticable. 
 
 Note 255, p. 25S. 
 
 In all matters of fees and costs, this Court follows the practice of the 
 Royal Court. It is seldom or never requisite to recover them by means of 
 Ecclesiastical censures. If however the parties should be ohstiuate on that 
 head, they could not be obliged to pay more than the insignificant charges 
 specified in the Table at page 261. 
 
 JVote 256, p. 2GO. 
 
 This Canon is only a repetition of tike manner of proceeding against offen- 
 ders> 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 <? . . 372 
 
 Strength of Jersey 405 
 
 Subjection . 287 
 
 Surnames 393 
 
 Table of Fees 466 
 
 Tacitus and Allen's Argument. 412 
 
 Terms of Royal Court. . . . 422 
 
 Terouauue 461 
 
 Terriers. . .. ,^>'u* 3^vi. 464 
 
 Timber *><x '.'. 367 
 
 Tobacco Smuggling 384 
 
 Toleration 463 
 
 Train Bands 350 
 
 Trecor and Church Rate. . . 455 
 
 Tythes 443 
 
 Tythes of St. Helier. . . . 402 
 
 Tythes, Decimal Table of . 443 
 
 Vaucour , . . . 282 
 
 Vaughan, Sir Hugh .... 396 
 Vaughan,&c. Royal Commission. 338 
 
 Vicar 435 
 
 Viugtaines. 377 
 
 Visitations 463 
 
 Vraic Ashes 367 
 
 Wai ce, Robert 393 
 
 Wallis, Geoffrey. . . 415 and 458 
 
 Wesley, John 442 
 
 White, Chart of Captain Martin. 359 
 
 William the Conqueror. . . . 236 
 Winchester, Appeals to Bishop of.467
 
 ERRATA. 
 
 . Line. 
 
 Editor's Preface, pa-re ix, line 79. J650 r. 158!). 
 xviii 17 assidious, read insidious. 
 
 64 32 adulieriis, r. adulterinis. 
 
 64 35 hanc, r. hunc. 
 
 74 17 Cancel the word now. 
 
 77 14 Nations, r. Notions. 
 
 115 2 Angeres, r. Augercz. 
 
 135 46 page 183, r. 126. 
 
 150 24 Interest, r. Interests. 
 
 157 6 and, r. an. 
 
 191 23 opponendum, r. apponendum. 
 
 201 23 seased, r. ceased. 
 
 221 37 Hearth, r. Eartb. 
 
 222 28 et, T. ut, 
 228 3 a, T. et. 
 
 238 30 nulla, r. nullam. 
 
 262 9 ledit Doyen, r. par ledit Doyen. 
 
 265 22 page 321, r. page 218. 
 
 281 10 States, r. ^tatis. 
 
 295 44 dictis, r. dicti. 
 
 303 43 to steer, r. to steer through. 
 
 327 10 subjugation, r. subjection. 
 
 338 4 from, r. of. 
 
 347 29 As one of, r. One of. 
 
 357 31 Note 64, p. 84, r. Note 64, p. 88. 
 
 358 1 nee, r. ut. 
 
 359 40 and climate of the soil, r. of the climate and the soil. 
 361 15 November, r. November, 1495. 
 
 367 3 Note 82, p. 103, r. Note 82, p. 104. 
 
 373 16 many of other, r. many other. 
 
 385 25 to such, r. to seek. 
 
 389 45 of which, r. which. 
 
 394 ]4 The Seigneurs, r. The Seigneuries. 
 
 396 16 and that, r. that. 
 
 398 3 Note 125, p. 131, r. Note 125, p. 132- 
 
 400 9 There is a still older, r. There is an old. 
 
 lb. 20 Henry VII, r. Heury V1H. 
 
 403 3 in, r. as in, 
 
 Ib. 29 and with the, r. and the. 
 
 414 27 re, r. real. 
 
 421 6 right, r. rights. 
 
 Ib. 30 essential means to ratify, r. essential means to satisfy. 
 
 422 21 Note 166, p. 156, r. Note 166, p. 157. 
 425 35 in use is, r. in use are. 
 
 anni, r, annis. 
 
 Ih. 36 right, r. reign. 
 
 429 15 171 and 182, r. 171, Note 182. 
 
 453 32 p. 182, r. 285- 
 
 438 28 Vicaperesit, r. Vicegerent. 
 
 447 1 for, r. far. 
 
 449 11 of T. from. 
 
 THE END. 
 
 Printed by R. GlFFARD,St. Saviour's Road, Jersey.

 
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