An account of the Isle of Jersey, the greatest of those islands that are now the only reminder of the English dominions in France with a new and accurate map of the island / by Philip Falle ...

AN ACCOUNT Of the Isle of JERSEY.

CHAP. I. A Short History of the Island.

WE have no certain Account when, or by whom, this Island was first Inhabited: Which will not seem strange to any that considers the great Uncertainties of Primitive Plantations. We want not our Legend, which may't per∣haps deserve as good Credit, as those where∣on some of the Greatest Nations build their Fabulous Original.

This seems to be more certain; That this Island was known, and in some esteem, in the time of the Romans; as appears from the Em∣peror

Antoninus his Itinerarya 1.1, where it is mentioned under the Name of CAESAREA, (tho' 'tis uncertain again from which of the Caesars it was so called) and as appears likewise from the Remains of Roman Camps and Fortifications yet to be seen in this I∣sland: One of those Fortifications being by Ancient Tradition called to this Day, La petite Caesarée, no doubt, because it was a Camp of one of the Caesars.

The Modern Name of JERSEY, GER∣SEY, or GEARSEY, is thought to be but a Corruption of that of CAESAREAb 1.2: For ey in the the Language of those Nor∣thern Nations which over-run Europe about a Thousand Years ago, signifies an Island, as in the word Angles-ey, (i. e. the Isle of the Angles) And Jer, Ger, or Gear, is a Contraction of Caesar, as in the Name of Cherburg, or Gerburg, an Ancient Town of Normandy, so called from the Latin Caesaris-Burgum. JERS-EY is as if one should say, Caesar's Island.

It was also some time known under the Name of AƲGIA: For so it is called in that Donation which Childebert King of France, who reigned from the Year 511 to 558, made of this, and the other Islands, to Sampson Arch∣bishop of Dol in Bretagne: Which Donation is found in the Life of that Bishop, an Ancient MSS preserved in the Archives of Dol, and

attested by Dargentréc 1.3. And so likewise it is called in an old Fragment taken out of the Abby of Fontenelles in Normandy, mentioned by Du Monstier in his Neustria Piad 1.4, and extant in the third Tome of Andreas dn Chesne his Scripto res Coaetanèi Histor. Franc. In which Fragment, near as anci∣ent as Charlemagne, 'tis said concerning Geroaldus Abbot of Fontenelles, that, Is quadem Le∣gatione fungebatur jussu Caroli Augusti, in Insulam cui nomen est AƲGIA, & est adjacens Pago Constantino. i. e. That he was then discharging the Office and Function of Imperial Lega∣te, by Command of Charles the Great, in an Island whose name was AUGIA, and is adja∣cent to the Town of Coûtance [in Norman∣dy.] 'Tis very plain that this AUGIA, where Geroaldus was sent, could be no other than JERSEY; which lies directly oppo∣site to, and within view of Coûtance, and is usually known and described in ancient Wri∣ters by that very Character. Thus Gregorius Turonensis (speaking of JERSEY) calls it; Insulam Maris quod adjacet ci∣vitati Constantinaee 1.5: Aymoni∣us Monachus, calls it Insulam Maris, quae adjacet Constantiaef 1.6. Papirius Massonius, Insulam

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Constantini Littoris g 1.7 and Gaguinus, Insulam Constantianae Dioecesis h 1.8. The Learned Mr. Poingdestre is of opinion that the Name of AUGIA is the ancient Name of this Island, and that it was so called among the old Natives, and Neighbours (the Lexobii and Armorici, who inhabited Normandy and Bretagne) long before the Romans called it CAESAREA, and the Normans corrup∣ly after them JERS-EY; and that this Name was also for some Ages after continued among them. However that of CAESA∣REA, or JERS-EY, has in length of time quite prevailed, and out-worn the other.

AUGIA has been the ancient Name of other Places. In Homer i 1.9 we find 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, i. e. The lovely AUGIA. It was a Town of the Locrians in Greece. And to this day a part of Normandy is called Normannia Augiaca, i. e. Le Pais d'Au∣ge k 1.10.

This Island was, in Old Time, Parcel of the Province of Neustria (corruptly so called for Westria, Westenrick, or West-France, be∣cause seated on the most Western shore of the great Empire of the Franks, which ex∣tended from the Sea to the Banks of the Danube; as the more Eastern part was called Austria, Oostenrick, or East-France,) and with

the rest of that great and rich Province was given to Rollo and his Normans, Origi∣nally Danes and Norwegians, who from their own Name called the said Province Norman∣dy: Given (I say) by Charles IV, sir∣named the Simple, King of France, in the Year 912: From which time to this, this Island never returned to that Crown, as the rest of that Province hath since done; tho' it was not added to the Crown of England till the Year 1066, when William sirnamed the Bastard, and the sixth Duke of Neustria, or Normandy, from Rollo, invading England and Conquering it, transferred that Duke∣dom, and with it this Island to the English Diadem. By which account it appears, that, reckoning from this pre∣set time 1693, it is not less than 781 years since this Island was dismembred from the Crown of France, by the Do∣nation of Charles the Simple: that it hath been 154 years under the Descendants of Rollo, while they continued Dukes of Normandy only; and that 'tis 627 years since 'tis subject to the Kings of Eng∣land.

This gives the Inhabitants of this Island, the Preference in point of Antiquity, to most others of Their Majesties Subjects; Ireland not being subdued till the Reign of Henry II, nor Wales reduced till that of Edward I, nor Scotland united till the beginning of this last Century; to say nothing of Foreign

Plantations which are yet most of them of a later Date. I speak not this to dero∣gate 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 Eng∣lish Empire; but to shew Their Majesties ancient and indisputable Right over Us, to∣gether with that long and faithfull Subje∣ction which our Fathers have paid to that Crown which Their Majesties derive from a Succession of so many Royal Progeni∣tors.

We find but little in ancient History con∣cerning this Island till the coming of the Normans, who struck such Terror in all places where they passed, that in the publick Litany, after these words, From Plague, Pe∣stilence, and Famine, was added, and from the fury of the Normans, Good Lord, deli∣ver us! By the advantage of their Ship∣ping they ransackt the Maritime Coasts of France, burning and destroying all before them. They were Pagans, and therefore their Fury fell more remarkably on Churches and Religious Houses, Persons and Things consecrated to God l 1.11. No place could be more o∣pen and exposed to their In∣cursions than this Island, where they committed the same hor∣rid Outrages they did else∣where; leaving Us, among o∣thers,

this Monument of their Cruelty. There dwelt at that time in this Island a Devout and Holy man, famous amongst Us to this day for the Austerity of his Life, whose little soli∣tary Cell▪ hewn out of the hard Rock is yet to be seen in a small Islet close by Elizabeth Castle: His name Helerius, or Helier, mistaken by some for St. Hilary Bishop of Poitiers, who was never here m 1.12. Him the Normans slew at their com∣ing into this Island, adding thereby, to other things which this Island Glories in, the ho∣nour of having given a Martyr to the Church. For under that Name we find him Recorded in the Kalendary or Martyrology of Coûtance; in these words, XVII. Kalend. Aug. Constant. in Nor∣mannia. Festum St. Helerii Mar∣tyris à Wandalis in GERSEIO Insulâ occisi. And the Author of Neustria Pia speaks thus of him, and of the place of his Martyr∣dom, n 1.13 GERSEIUM, GER∣SOIUM, seu GRISOGIUM, vulgò GERSE▪ Insula est ad Mare oceanum, Dioecesis Con∣stantiensis; in quam S. Praetextatus Archi••∣piscopus Rothomagensis, posteà Martyr, re∣legatus est, an. 582. Illustrior autem haberi

coepit ex quo S. Helerius illic à Wandalis Martyrii palmam accepit; Nam in honorem hujusce Inclyti Athletae Christi constructa est infignis Abbatia, à Domino Guillelmo Hamo∣nis, viro nobili & antiqui Stemmatis apud Neustrios Heroe, in quâ Canonicos Regulares Ordinis S. Augustini posuit; ac tandem ipse excessit è vitâ 21 Novembris; cujus sic Me∣minit Obituarium Caesaris-Burgi, XI Ca∣lend. Decemb. Guillelmus Hamonis qui fun∣davit Abbatiam S. Helerii in GERSOIO. These Wandals from whom St. Helier recei∣ved the Crown of Martyrdom, were no o∣ther than Normans, those Names being used promiscuously. But of this famous Abby erected to his Memory, there is not a stone left standing. It was built in the same place where is now the lower Ward of Elizabeth Castle. So much as was left of that anci∣ent Building was pull'd down An. 1691. to enlarge the Parade. From this Holy man the chief Town in the Island is called St. Helier. His Martyrdom must fall about the Year 857.

After that Rollo and his Normans were peaceably settled in Neustria, and in these Islands, by Agreement with Charles the Sim∣ple, that wild Nation mixed it self with the Old Inhabitants, grew Civilized, and em∣braced Christianity; and this Island enjoyed great Tranquility under the Government of those Dukes that succeeded Rollo, and who fill up the whole space betwixt him and William the Conqueror in the Order following.

ROLLO first Duke of Normandy, who

at his Baptism took the Name of Robert.

WILLIAM Sirnamed Longue Espée, from his long Sword, Son of Rollo.

RICHARD I. the Son of Longue Espée.* 1.14

RICHARD II. Son of Richard I.

RICHARD III. Son of Richard II.

ROBERT Brother of Richard III. This Duke preserved Edward the Confessor from the Fury of Canute the Dane who had in∣vaded England, and slain Edmond Ironside Brother of Edeward. He set out a power∣full Fleet to restore him to his Kingdom; but being long detained by contrary Winds at Guernezey o 1.15 he was forced to return to Normandy, re infectâ.

WILLIAM II. Bastard Son of Robert, Sirnamed the CONQUEROR, from his Conquest of England.

While the Conqueror lived, he kept England and Normandy as close linked together as their Situation would permit; residing sometime in the one, and sometime in the other. He died in Normandy, and lies buried at Caen, where I have seen his Tomb. 'Tis but a low plain Altar Tomb that has nothing of Mag∣nificence in it. It stands in the middle of the Quire of the great Abby Founded by himself; and has two Inscriptions on it; one on each side; The first expressing the Quality of his Person, and the Uni∣on of England and Normandy under him p 1.16: The other signifying how that Mo∣nument had been defaced by the Huguenots during the heat and rage of the Civil

Wars, and had been repaired by the Monks An. 1642.

* 1.17After the Death of the Conqueror, Eng∣land and Normandy were parted again; Eng∣land falling to the Lot of William Rufus se∣cond Son of the Conqueror, who in the ab∣sence of ROBERT his elder Brother, seized the Crown, and kept it while himself lived; Normandy, with these Islands, remaining in the Possession of ROBERT, who made a shift to hold them during the Reign of his Brother Rufus. There was a Pact of mu∣tual Succession betwixt the two Brothers. But Rufus being suddenly killed by the glance of an Arrow as he was hunting in the New Forest, while Robert was with Godfrey of Bouillon and other Noble Adventurers fight∣ing against the Sarrazins for the recovery of the Holy Land, the Crown was again seized by Henry Beauclerk, third Son of the Conqueror, and so Robert twice one after the other ex∣cluded from the Succession of England by his younger Brothers. Still nevertheless he kept possession of Normandy and of these Islands. He was a brave, but unfortunate Prince. He won such Reputation in the Holy War, that after the taking of Jeru∣salem, he was, by common Consent of all the Princes in the Christian Army, chosen King of that newly conquer'd▪ Kingdom: But having then the Crown of England in his eye, he declined that honourable Offer; after which, it has been observed that he ne∣ver

prospered. For at his return from the Holy Land, he found not only that Crown, which was his by Right of Primogeniture, fast on the head of young Beauclerk, but himself reduced to the necessity of defending Normandy against his Brother, who plainly now endeavoured to out him of all. The War grew hot betwixt them; in which the For∣tune of Henry prevailing, Duke Robert was taken, his eyes put out, and himself impri∣soned in Cardiff Castle, where he languish∣ed about Twenty six years in great Misery, till with the extreme Indignities his Brother continued even then to put upon him, his great Heart broke. The Body of this in∣jured Prince lies interr'd in the Cathedral Church of Glocester, in as mean a Tomb as that of his Father at Caen, for I have seen both.

Were Men allowed to search into the Counsels and Judgments of God, one would be very apt to suspect, that the misfortune which, sometime after, befell King Henry in the loss of his Children, shipwrack'd in their passage from Normandy to England, was an effect of the Divine Vengeance and Indignation for his Cruelty and Injustice to his Brother. The young Princes (the eldest of whom bore the Title of Duke of Normandy q 1.18, and with it the weight and load of his Father's sin) were driven by the storm among these Islands, and were cast away upon Casquet r 1.19, a dangerous Rock two

Leagues West of Alderney, where they mi∣serably perisht.

* 1.20After the Reduction of Normandy, and of these Islands, by HENRY, he declared them unalienable from the Crown of Eng∣land s 1.21: in which State they remained un∣der the succeeding Reigns of,

* 1.22STEPHEN of Blois, Grandson of the Conqueror by his Daughter Alice.

* 1.23HENRY II. Son of Maud the Empress, who was Daughter of Henry I.

* 1.24RICHARD I, Sirnamed Coeur de Lion, Son of Henry II.

* 1.25But under the unfortunate Administration of King JOHN, who was Brother of Ri∣chard I, and succeeded him in the Kingdom, the Dukedom of Normandy (tho' not these Islands) was lost on this occasion. Henry II had, among other Sons, these Three following. (1.) Richard, to whom he left the King∣dom, and who died without Legitimate issue. (2.) Jeffrey, who died in his Father's Life∣time, leaving a Son called Arthur, Duke of Bretagne, in Right of his Mother: And, (3.) John Count de Mortain in Normandy, afterwards King. Upon Richard's Death, the right of Succession devolved on Arthur, his Second Brother's Son: But John stept in betwixt him and the Crown; whereupon the young Prince applies himself to Philip

Augustus King of France, for Protection and Succour against his Uncle that had stript him of his Inheritance. The French, who have always found their advantage in our Civil Di∣stractions, and have accordingly always impro∣ved and fomented them, were glad of the op∣portunity offered. A Quarrel was pickt with King John on the Prince's account, but so managed that it soon appeared that persidi∣ous Nation pursued their own ends more than the Interest of the Prince whose Title they had undertaken to defend: Which the Prince himself seeing, reconciled himself once to his Uncle; but that held not long. To be short, the poor Prince fell into the hands of the exasperated King, by whom he was shut up close Prisoner in the Castle of Rouen in Norman∣dy, and soon after was found dead in the Castle∣ditch; whether made away by the Jealousie of his Uncle, as some suspect, or that him∣self not brooking so severe a Restraint, and endeavouring to escape, perished in the At∣tempt, as is given out by others, is uncer∣tain.

Upon this, Philip Augustus, to embroil more and more the King's Affairs, chargeth King John with the Murder of the Prince; and on pretence that he was his Vassal for what he held in France, cites him before the Parliament of Paris to answer the Accusation: Where, the King not thinking it consistent with his Dignity or Safety to appear, was condemned as a Felon, and as such declared

to have lost and forfeited his Right to Nor∣mandy, and to all other Estates which he held as Fiefs of that Crown; which were seized accordingly; an Army being ready to execute the Summary Sentence; and the King's hands so full of other business at home, that he was forced to sit still, and see those fair Provinces torn from him, with∣out being able to apply a sutable Remedy to so great an Evil.

The French having thus possessed them∣selves of Normandy, invaded these Islands. Twice they entred them, and twice they were beaten out of them again t 1.26. The In∣habitants had under their Dukes contracted a great Aversion to the French, and stood stoutly on their own Defence. The King himself looking on them as the last Plank left of so great a Shipwrack, and that they would always serve to shew his Right to that Duke∣dom to which they had once belonged, and might perhaps one time or other be a means to recover it, resolved to keep them whatever they cost him; and accordingly hastned him∣self over hither, and was twice in Person in JERSEY u 1.27: Which he caused to be for∣tified; and gave special Order for the Custo∣dy and Safeguard of the Castles w 1.28 and Ports which before lay too open to the Enemy.

To this King therefore we owe our Pre∣servation. From him we have many Excel∣lent Laws and Priviledges, which he granted us at his being here, and which have been confirmed to us in after-times by his Succes∣sors, Kings and Queens of England. Him, for that reason, we must consider as our spe∣cial Benefactor; and whatever ill things may be otherwise said of him, must in Gratitude have a Veneration and an Esteem for his Memory.

* 1.29K. John died An. 1216. His Son HEN∣RY III. was so plagued by his Rebellious Barons, who had set up the Title of Prince Lewis of France, Son of Philip Augustus, against his Father and Him, (which preten∣ded Title of Lewis was in right of his Wife, Daughter of the Queen of Castile, who was Sister of Richard I. and K. John) that to compound the matter, he was forced to quit his Title to Normandy, but never made any Cession of these Islands. On the contrary, he had so tender a regard to their Safety, that he issued forth his Royal Mandate to the Barons of the Cinque Ports x 1.30, command∣ing

them when-ever these Islands were at∣tack'd, and upon Notice thereof from the Warden or Governor, to hasten to their Succour. And the reason the King gives for this extraordinary Care of them, is very remarkable: ità quod Dominus Rex eos (viz. Insulanos) meritò debet commendare, cum gratiarum Actione; i. e. for that the King, in Justice, owes them Commendation, and thanks for their Loyalty, and good Service. In the 2d. Year of this King, Philip de Au∣bigny Lord (or Governour) of these Islands, obtained a great Naval Victory over the French, who were going over into Eng∣land with Supplies to Prince Lewis. y 1.31

* 1.32In the time of K. EDWARDI, Son of Henry III, the French, enraged to see them∣selves Masters of the rest of Normandy, and not of these Islands, made a fresh Assault on them, but with no better Success than be∣fore. There is still to be seen in Ancient Records z 1.33 the Provision that was made, by Order from the King, for the Widows and Orphans of such of the Inhabitants as were slain in the Repulse they gave to the Ene∣my, with Gratifications to others that had signalized themselves, or sustained any consi∣derable Loss on that Occasion. Which Gra∣tifications were among others, extended to some of the Clergy a 1.34 who, in these Islands, have always been Examples to others of

Zeal and Affection to the English Govern∣ment.

* 1.35I shall pass over the Reign of EDWARD II, and come to that of EDWARD III, where∣in some things more memorable occurr con∣cerning these Islands, in relation to the French. No sooner did K. Edward III pro∣claim his Title to France, and thereupon a War ensued betwixt him and Philip de Va∣lois, but the French, to make a Diversion, invaded these Islands again. Hugh Queriel Admiral of France, made a Descent upon Guernezey, An. 1339, b 1.36 laid siege to Castle Cornet, took it, and held it 3 Years. The Loss of that Island did but minister an Oc∣casion to the Inhabitants of JERSEY, to shew their Fidelity to the Crown of England. They raised a Contribution of 6400 Marks (which was a great Summ in those Days for so small an Island,) for the Recovery of Guer∣nezey; and upon the Approach of the En∣glish Fleet (under command of Reynold of Cobham, and Geffrey de Harcourt, who were

sailing into Normandy with Recruits for the King, and in their way were ordered to at∣tempt the Reduction of Guernezey) went out, joyned the Fleet, and assisted the En∣glish in retaking both the Island and Castle of Guernezey: Many JERSEY-Men of Note losing honourably their Lives upon that Occasion; as the Seigneurs de Vinchelez, de Matravers, des Augrez, de Garris, de La Hougue, Lempriere, and other Leaders named for their special Service, besides private Ad∣venturers.

Not long after Alain le Breton, a fa∣mous Sea rover, infested both Islands, espe∣cially Guernezey; though rather in the way of Piracy, than of down-right Invasion. Of him it is that Guillelmus Brito an Ancient Poet, speaks in his Philippidos c 1.37.

Et qui rostratis Navibus secat aequor Alanus, Piratas secum assumat, quibus utitur ipse Cum Grenesim rebus juvat expoliare.—

So many repeated Hostilities of the French against these Islands had awakened the Parlia∣ment in England, and had produced a Re∣solution still extant upon Record d 1.38 to move the King to set out his Fleet and pro∣vide for the Defence of the Isles of JER∣SEY and Guernezey.

Anno 1354, an Interview was agreed on betwixt K. Edward, and the King of Na∣varre, who was then fallen off from the

French; and the Place pitched upon by both Kings for that Interview was the Isle of JER∣SEY e 1.39. Accordingly K. Edward sets out from the Thames towards JERSEY, with a Royal Navy, but by contrary Winds was put back to Portsmouth; where understanding that the King of Navarre had reconciled himself to the French, and declined the Meet∣ing, he sailed to Calais, and we lost the ho∣nour we should have received from the Pre∣sence of those two Great Kings, and the Splendor of their Courts amongst Us.

While the Victorious Edward pursued his Conquests, and dyed the Fields of Cressy and Poitiers with the best Blood of France, these Islands were safe under the Protection and Shade of his Lawrels. But when, in the declining time of that great King, and after the Death of his Son, the Noble Prince Edward, commonly called the Black Prince, the Fortune of the English in France began to forsake them, these Islands were exposed to greater Danger than before. In the Year 1372. Evans, the pretended Prince of Wales, sailing from Barfleur in Normandy, with a Fleet of French Ships, Landed in Guernezey f 1.40, but finding greater Resi∣stance from the Castle than he expected, gave over the Design, and departed out of the Island. Four Years after, the two Ad∣mirals of France and Castile, attacqued the same Island g 1.41. The French ransomed it for a Summ of Money; but the Castillan re∣turning,

carried away all he could. The Strength, and brave Defence of the Castle, being still the Preservation of the Island, and a means to keep it in the Possession of the English.

Nor was JERSEY less exposed to these Insults than Guernezey. Anno 1374, three Years before K. Edward died, Bertrand du Guesclin h 1.42 Constable of France, famous for his many Victories over the English in that unlucky Turn of their Affairs in France, at the Head of an Army of above 10000 Men, wherein were the Duke of Bourbon, and the Flower of the French Chivalry, passed suddenly from Bretagne into JERSEY, and encamped before Gouray Castle, the same that is now called Mont-Orgueil, into which the Principal Persons of the Island had retired upon landing of the French. The Siege last∣ed some Months, and was carried on with great Bravery on both Sides; That Fortress being as valiantly defended by those within, as it was vigorously assaulted by those with∣out. After many violent Attacks, the Con∣stable withdrew, leaving many of his best Men slain under the Walls. This was almost the only Place, which, in that general Defecti∣on from the English, withstood the Arms of that fortunate and renowned Comman∣der.

There had been, before this, a Treaty; wherein the King had laid down his Claim to Normandy; but being deeply sensible of the Importance of these Islands, and much pleased with that constant Fidelity they had always expressed to him, he caused an espe∣cial Clause to be inserted in the Treaty i 1.43 that those Islands which he possessed on the Coast of France should remain his as before.

* 1.44I find little Action relating to these Islands in the time of RICHARD II, Son of the Black Prince; nor much in that of HENRY IV. * 1.45This only excepted, viz. that Penhouet k 1.46 Admiral of Bretagne, having worsted the English in a Sea-sight, pursued his advantage, and entred the Isles of JER∣SEY, and Guernezey, which he plundered, but durst not sit down before the Castles. This happened An. 1404.

* 1.47HENRY V was no sooner on the Throne but he renewed the Claim to France, and with much Glory recovered all that had been lost since the Death of the Black Prince, with considerable Accessions. That brave and warlike King, knowing the ad∣vantageous Situation of these Islands, made great use of them in the Prosecution of the War. He added much to the beauty and strength of Gouray Castle in JERSEY,

l 1.48 gave it the proud Name of Mont-Orgueil which it bears this day; made it a place of Arms, and one of his chief Magazines of War, and resolved, so far as Art could do it, to render it impregnable.

This strong Castle fell nevertheless into the hands of the French, in the latter end of the weak Reign of King HENRY VI. m 1.49 which happened thus. During the Contestation betwixt that unfortunate Prince and Ed∣ward IV, for the Crown, a French NOble∣man, named Peter de Brezè Count de Mau∣levrier, raised Forces in France, and brought them with him into England, to support the Title of Henry, against that of Edward. He had before contracted with Queen Mar∣garet, Wife of Henry, (who was a French Woman, and had called in the Count to the Assistance of her Husband) that, in consi∣deration of so important a Service, the I∣slands of JERSEY, Guernezey, Alderney and Serk, should be made over to him, to hold them for himself, and his Heirs for ever, independently from the Crown of England. The Bargain being struck, the Count sends one Surdeval to seize upon Mont-Orgueil Castle in JERSEY. The French coming in the Night, got into the Castle by surprize, or (as others think) by the connivence and Treachery of the English Commander, who

being a creature of the Queen, had secret Orders to deliver it up. The Count himself came some time after into this Island; and tho' he shewed all imaginable kindness to the Inhabitants, inviting them by the offer of many large Grants and Priviledges to ac∣knowledge him, and renounce their Allegi∣ance to England, he could never prevail on the Inclinations of a People who were in∣raged to see themselves sold to the French, a Nation which they hated; insomuch that in about Six years time, he could never make himself Master of above half the Island: Philip de Carteret, Seigneur of S. Oüen, maintaining the King of England's Authority in the other half; during which time frequent Skirmishes happened betwixt both Parties.

* 1.50In this State things remained till the Death of Henry VI. and the quiet Possession of the Throne by EDWARD IV. For then Sir Richard Harliston Vice-Admiral of England, coming to Guernezey with a Squadron of the King's Ships, Philip de Carteret sent to him for Succour. They agreed that while the English Fleet blockt up Mont-Orgueil Castle by Sea, the Islanders should besiege it by Land. The Castle was reduced by Famine; and the French were once more driven quite out of the Island. The Islanders got much Honour by this Siege, and had thereupon a new Charter granted them, with special mention of their good Service on this occa∣sion, and the said good Service hath ever

since been inserted in all our Charters to this Day, in perpetuam rei Memoriam.

So many ill Successes one after another, made the French lay aside for a-while the thoughts of these Islands; so that we hear no more of them under * 1.51the Reigns of ED∣WARDV, RICHARDIII, HENRY VII, and HENRY VIII. But I must not omit to mention the Coming of Henry VII. to JERSEY in this Interval. He was then only Earl of Richmond, and fled from the Cruelty and Tyranny of Richard. Whether out of Design, or forced by contrary Winds in his Passage into Bretagne, he put into this Island, where he lay concealed till he found an Opportunity to get over. Being a wise and discerning Prince, he observed some Defects in our Constitution, which he amended when he came to the Crown, enlarging our Charter, and enacting several Ordinances for the bet∣ter Government of this Island.

* 1.52A War breaking out betwixt our King EDWARD VI, and Henry II. of France, the French re-assumed their former Thoughts of bringing these Islands under their Subjecti∣on n 1.53, flattering themselves with greater hopes of Success than ever, from the Mino∣rity of that King, and the Troubles with which his Government was then perplexed. In the Year 1549, they set a Fleet out from St. Malo's (a Town, the ill effects of whose neighbourhood we have often resented) and seized on the little Isle of Sark, which was

then Un-inhabited, where they planted Co∣lonies, and built Forts. That Island is sea∣ted in the Middle and Center of the rest; which made the French believe, that by se∣curing that, they would with continual A∣larms and Incursions so harrass the others, that they would not long hold out against them. They began with Guernezey, where they set upon a Fleet of English Ships, which were at Anchor in the Road before the Town. Most of the Captains and Officers were ashore asleep in their Beds; which gave the French some advantage in the be∣ginning of the Fight. But the whole Town being awakened with the noise of the Ca∣non, and the Ships soon mann'd, the Fight was maintained, and the French repulsed. From thence they sailed to JERSEY, and landed at Bouley-Bay in the North of the Island, but through the Courage and Bra∣very of the Islanders, were beaten back to their Ships; many being kill'd and wounded on both Sides. * 1.54Among the Slain on our side, was found a Popish Priest of this Island, whose Love to the English Govern∣ment and the Liberties of his Country, pre∣vailing above the Discontents which the Change of Religion that was made in that Reign wrought on Men of his Order, made him appear that day in the foremost Ranks. An Example to be recommended to those of that Perswasion in England, who out of an unjust Aversion to the present Establishment

would call in the French, and subject their native Country to a Foreign Power. The poor JERSEY-Priest was much the honester Man, and the better Patriot.

* 1.55Queen MARY's Reign has been thought inglorious for the Loss of Calais, taken by the French, after the English had possessed it above 200 Years. It was nevertheless in the Time of this Queen, that the Isle of Sark was retaken from the French; though I cannot say the Recovery of so small an Island coun∣tervails the Loss of a Town, that was one of the Keys of France. The French Colony in that Island was grown very thin; The soli∣tariness of the Place, and the want of Ne∣cessaries, but chiefly the ill Prospect of their Affairs, and their Despondency of ever be∣coming Masters of the other Islands, causing many of them to desert, and return into France; so that few able to bear Arms were left for the Defence of the Place. And yet even those few were enough to have held it against a whole Army. For the Land is so high, and unaccessible on all Sides, and the Steps leading up so steep and narrow, that one Man arm'd only with Stones, may't have kept out a Thousand. This Island notwith∣standing was taken by a small Company of Flemings, Subjects of K. Philip, (Husband of Q. Mary,) who coming in the Night to one of those Paths, and finding it unguarded, went up without Resistance, and took the French Prisoners. This is the Account which

we have of that surprize from a Manuscript History of JERSEY, written by an Anony∣mous Author in the Year 1585 o 1.56 But Sir Walter Raleigh, who was sometime Go∣vernour of JERSEY, and (being a sagaci∣ous and inquisitive Person) informed himself exactly of all the Singularities of these Islands, gives a very different Relation of it. For he says it was taken by a Stratagem, which he preferreth to many of the Ancients. The Island of Sark, says he, p 1.57 joyning to Guer∣nezey, and of that Government, was in Queen Mary's time, (he should have said in King Edward the VIth's time) surprized by the French, and could never have been recovered again by strong hand, having Cattle and Corn enough upon the place to feed so many Men as will serve to defend it, and being every way so inaccessible that it might be held against the Great Turk: Yet by the industry of a Gen∣tleman of the Netherlands it was in this sort regained. He anchored in the Road with one Ship, and pretending the Death of his Mer∣chant, besought the French that they might bury their Merchant in hallowed ground, and in the Chappel of that Isle; Offering a Present to the French of such Commodities as they had aboard. Whereto (with condition that they should not come ashore with any weapon, no not so much as with a Knife) the French yielded. Then did the Flemings put a Coffin into their Boat, not fill'd with a dead Carcass, but with Swords, Targets, and Harquebuzes. The French

received them at their Landing, and searching every of them so narrowly as they could not hide a Penknife, gave them leave to draw their Coffin up the Rocks with great difficulty. Some part of the French took the Flemish-boat, and rowed aboard their Ship to fetch the Commo∣dities promised, and what else they pleased, but being entered, they were taken and bound. The Flemings on the Land, when they had carried their Coffin into the Chappel, shut the door to them, and taking their Weapons out of the Coffin set upon the French: They run to the Cliff, and cry to their Companions aboard the Fleming to come to their Succour. But finding the Boat charged with Flemings, yield∣ed themselves, and the Place. I have seen a Manuscript q 1.58 which confirms the taking of this Island by such a Stratagem, but the other Circumstances of Time and Persons agree not with the foregoing Story.

* 1.59From Queen Mary's time to this, the French never set foot in a hostile manner on JERSEY ground. Queen ELIZABETH

had scarce any War with France all the time of her long and prosperous Reign. She had another Enemy to deal with, viz the Spa∣niard: Whose aims at the universal Mo∣narchy were defeated by the Felicities of that Queen. But that incomparable Princess knowing that 'tis a great part of Wisdom in the profoundest Peace to provide for War, had even at that time a carefull eye on the safety of these Islands. She begun that no∣ble Castle in JERSEY, which from her is to this day called Castle Elizabeth, but lived only to finish that part of it which is above the Iron-gate, and is called the upper Ward; the lower parts having been since added to that Fortification.

* 1.60King JAMES was a most pacifick Prince. He thought these Islands in no danger while he lived, and therefore took the less care for the Military defence of them. But it was he that setled Religion in JERSEY, and that brought Us to a Conformity to the Church of England. A work doubtless more ac∣ceptable to God, and for which his Name will be perpetuated amongst Us no less than if he had invironed this Island with a wall of Brass. A work of all others the most congruous to his peaceable Reign. Thus when God resolved to have a Temple among the Jews, he chose the peaceable Reign of Salomon, and not that of David, tho' otherwise a most excellent Prince, because he had been a Man of Blood.

* 1.61We are come to a Reign full of Troubles; that of King CHARLES I, numbered a∣mong the Good, but unfortunate Princes: This Island had a deep share in the Suffer∣ings of her King. His early Match with a Daughter of France, could not hinder a War from breaking out soon after betwixt the two Crowns. In the Year 1627. the King sent Forces under the command of the Duke of Buckingham for the relief of Rochel. And tho' that Expedition proved unsuccess∣full, yet the Landing of an English Army in the Isle of Rhee, was so resented by the French, that they resolved to revenge the Affront by a like Descent the Year following on the Isles of JERSEY and Guernezey. Which design had been certainly executed, had it not been timely discovered, and no∣tice thereof given to the Council in England. Whereupon the Earl of Danby (as Dr. Hey∣lin r 1.62 who attended him in the Voyage, informs us) was ordered to go over into these Islands, and to provide for the Safety and Security of them. Which was done ac∣cordingly. The Garrisons were re-inforced; the Magazines were stored with all manner of warlike Provisions; the People were ex∣horted to remember their ancient Loyalty to the Crown of England, and all things were put into a posture of Defence. But the French came not.

And to strengthen more and more the Isle of JERSEY against any Attempts that might be

made from France, new Fortifications were added to Elizabeth Castle; which about that time became the Residence of the Governour. Then began to be built that part of it called the lower Ward, which takes up the ground whereon stood once the Church and Abby of St. Helier: which work was carried on, and finished in this Reign.

The Flame of an unnatural War being soon after kindled in the bowels of the Kingdom, betwixt the King and his discontented Sub∣jects, the Island of JERSEY was secured for the King by Sir George de Carteret, who held it several years against the whole power of the Rebels. It pleased God in his in∣finite Wisdom to permit those wicked men to get the better of their King. They beat his Armies out of the Field, and seized his Person. Yet even amidst all their Prospe∣rities, this little Island was still a Thorn and a Goad in their sides. Ten or twelve small Frigats and Privateers were fitted out of JERSEY. These so infested the Channel, that, not to mention the many Prizes they daily took from them, and brought in here, and into St. Malo's, not an English ship could pass the Channel without Convoy. * 1.63Which brought so great an Interruption to Trade, and Charge to the Nation, that it was then understood of what Consequence the keep∣ing of these Islands is to England; and a Re∣solution was taken to spare no Cost for the

Reduction of JERSEY. This is an exam∣ple which methinks should never be forgot∣ten▪ and I purposely insist thereon to shew what a fatal Error it would be to suffer the French to possess themselves of these Islands (seated as they are in the Channel) where instead of their own shallow Bays and Creeks, they would find good Roads and safe Har∣bours, if not for their greatest Fleets, at least for their Pyracies.

While matters stood thus in England, Prince Charles (who was afterwards King Charles II) came to JERSEY, where he was received with a Joy equal to the Honour we received from his Presence amongst Us; tho' even this was not without a great mix∣ture of Sorrow for the Detention of his Royal Father, who was then close Prisoner in Hurst Castle, a most unhealthy place, seat∣ed on a Point of Land that shoots far into the Sea, destitute of fresh water, and an∣noyed with the Salt and stinking Vapours that arise out of the neighbouring Marshes, and for that very reason probably made choice of by the infamous Regicides to weary the good King out of his Life, whom they were resolved one way or other to remove out of the World. A Project was formed by some of our Loyal Islanders to rescue the afflicted King out of his Captivity, and to bring him to JERSEY, where the Prince then was. The King was privi••y acquainted with the Design, and was pleased to Consent

to his removal to JERSEY. But when the thing came to be executed, it was unhap∣pily defeated by the vigilancy of his Maje∣sty's Keepers, or rather by an unsearchable Providence which had decreed to make of that best of Kings the greatest Example of inju∣red and oppressed Innocence that has been in the World since our blessed Saviour. It is nevertheless no small satisfaction to Us, that, while too many others of his Majesty's Subjects looked unconcerned on his unparal∣lel'd Sufferings, we did our honest endea∣vours for the Preservation of his sacred Life, so that at whosesoever door the Guilt of that Blood may lie, we of this Island have, blessed be God, no otherwise contri∣buted to the shedding of it, than by our sins in general, which, added to the heap of the sins of the Nation, drew down that heavy Judgment on Us all.

* 1.64After the barbarous Murder of that bles∣sed King, his Son, the undoubted Heir of all his Dominions, was immediately Pro∣claimed, and his Title recognized in JER∣SEY. His Majesty was pleased once again to make some residence amongst Us. He came the Second time to JERSEY, atten∣ded by his Royal Brother the Duke of York, and several of the Loyal Nobility that adhered to him in his Exile. Neither must I omit a very singular Honour which his Ma∣jesty did our little Island during his abode there. He himself took a Survey of it, and

being well skilled in the Mathematicks, did with his own Royal hand draw a Map of it, so accurately done, that, to this day, it is carefully preserved among a Collection of o∣ther noble Curiosities of Art and Nature, in the Heer Van Adlershelm's famous Cabinet, at Leipsich in Germany s 1.65, where it is seen by Travellers.

About this time Charles Fort was built, which is an Out-work to Elizabeth Castle, that commands the entrance and approach to it on the Land-side

His Majesty being invited to a Treaty with the Scots, he left JERSEY again, but so highly satisfied with those many Demon∣strations of duty and affection, which, in his greatest Distress, he had received from the Islanders, that, while he lived, he was pleased to retain a gratefull, and a generous Sense of them.

The Treaty with the Scots went on suc∣cessfully. The King was Crown'd at Scoone, Jan. 1. 1650, and soon after came into Eng∣land at the head of a Royal Army to dispute his Right with the Usurpers of his King∣doms. The two Armies encountred at Wor∣cester Sept. 3. 1651; where it pleased God again to give the Rebels such Success, that the King not only lost the day, but was forced to abscond with great danger of his Person, till he found a passage into France, where he Landed the 22d. of October fol∣lowing.

In the mean while, the Parliament in England was making great Preparations for the Reduction of JERSEY; being strange∣ly alarmed at the taking of so many of their Vessels by the Privateers of this Island t 1.66, who continued to annoy the Channel, and were grown so bold that they would set up∣on English Ships in the very Harbours. A Fleet of about Eighty Sails, increased af∣terwards to a greater Number, was set out for that Expedition, under command of Ad∣miral Blake; while Major General Hains headed the Forces designed for the Descent. The Fleet appeared in sight of the Island, October 20. 1651. and the same day came to an Anchor in St. Oüen's Bay. The Bay lies open to a Westerly wind, which blows in so violently the greatest part of the Year, and rolls in such a Sea, that 'tis very unsafe for Shipping. But the same unaccountable Suc∣cess that used to attend the Rebels in other places attended them here. All the time they lay in this Bay, they had so smooth a Sea, that, in the Memory of man, the like had not been known at that Season of the year. Which was no small Discouragement to our People, who thought it in vain to sight against men that seemed to have the very Winds and Seas to sight for them. But that indeed which quite dispirited them, was the un∣happy News they received at that time of the King's defeat at Worcester, which came accompanied with a Report, (tho'

false) of his being taken in endeavouring to escape. This brought such a Consternation amongst them, and so sunk their Courage, that they, who at another time would have most gladly sacrificed their Lives to promote his Majesty's Affairs, were ready to have laid down their Arms, had not the extraordinary Conduct and Gallantry of their Governor, Sir George de Carteret, brought them on to fight.

The first day, and the night fol∣lowing, nothing was attempted by the Enemy u 1.67. The next day, Octob. 21. early in the Morning, their Cannon began to play; which was answered by several little Forts and Redoubts in the Bay, and by

twenty four Brass-Field-Pieces which at∣tend the Militia upon occasion. Some of the lesser Frigats drew so near the Shore that they made use of their Small-shot, which was answered with equal Bravery by our Men, who wading into the very water, fired briskly upon the Enemies, calling them Rebels, and Traitors, and Murderers of their King. The Battery lasted Four hours, af∣ter which the whole Fleet drew off, and went to St. Brelard's Bay (distant about a League from that of S. Oüen) where being all come to an Anchor, they sent back a Squadron to St. Oüen, the place where they were before, and sent others towards St. Aubin's Bay, and towards St. Clement, and Grouville, meaning to tire and distract our Troops by making a shew as tho' they intended to Land in all those different places at once; and ac∣cordingly several Companies were detached to attend their Motion: The main Body of the Fleet lying still in St. Brelard's Bay, to∣gether with the best part of the Camp to op∣pose their Landing.

October 22. (the same day on which the King Landed in France, tho' the good News came not to Us till some weeks after) a lit∣tle after Midnight, and by Moon-shine, the Enemies were observed to ship off in several flat bottom'd Boats, which they had brought for that Service, ten or twelve Battalions of Foot, to the number of about 4000 Men (as was conjectured) in order to make a De∣scent,

which they attempted by break of day, under the covert of their Ships, which drew as near the shore as the nature of the place would give them leave; sparing neither Powder nor Shot on this occasion. But see∣ing themselves beaten from two small Forts that had been raised in the Bay, and the Islan∣ders drawn up upon the Sands in a posture to receive them, they thought fit to retire to their Ships, which forthwith weighed An∣chor, and returned to St. Ouen, leaving only 19 men of War in St Brelard's Bay.

This obliged the Governor to follow them again to St. Oüen, after he had posted some Companies of the Militia, his own Company of Fuzeliers, and all the Dra∣goons, to observe those that remained at St. Brelard. The Enemies being come to St. Oüen directed their Course Northwards, to L'Etack, the furthest Point of that Bay, as if they had designed to Land there, whither they were accordingly followed by the Islan∣ders; but it soon appeared their Design was only to harrass our Troops, for they sud∣denly tackt about, and steered to the oppo∣site Point, which Motion was likewise at∣tended by our Forces on shore: The Ene∣mies 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 neces∣sary to send the Troops, which had been now three Days and two Nights under their Arms,

and had been extremely fatigued by so many Marches and Counter-marches, and were also very much incommoded by a small Rain that had not ceased to fall since they were in Action, to refresh in the neighbouring Villages: The noble and indefatigable Governor, with a few Horse that attended him, not departing all the while from the Shore. It must not be forgot, that the Enemies were that Day reinforced by a Squadron of fresh Ships, which joined the Fleet a little before Night.

That fatal Night, which proved extraor∣dinary Dark, and under the Favour of it, the Enemies landed a Battalion; which, as soon as discovered, was with great Bravery and Resolution charged by the Governor, and those few Horse that he had about him. The Charge was bloody and desperate w 1.68 ma∣ny of the Enemies being killed, and mortal∣ly wounded; but they poured on so fast, that the Infantry that was dispersed about the Coast, had not time to come up and second that small Body of Horse, which certainly did Wonders, by the Confession of the very Enemies themselves; who have often said that such another Charge would have made them retire, and perhaps give over their Design, at least for that time. And 'tis pro∣bable they must have done so; For the next Day such a Storm arose, that, had they not by a timely Reduction of the Island, secured a Retreat into the Ports, a great Part of their Fleet must have perished, and been

dashed against the Rocks; nor could even that hinder one of their biggest Frigats from being so lost, with all the Men in her.

The Enemies being landed marched up in∣to the Island, where they committed great Disorders, turning the Churches into Sta∣bles, abusing the Pulpits and Communion-Tables in a manner not fit to be named. 'Twere needless to mention the Sequestrati∣ons x 1.69, Compositions for Estates, and other Vexations, which the Inhabitants of this Island suffered at that time, since they were common to all that adhered to the Royal Interest.

There was great rejoycing in England for the taking of JERSEY y 1.70. The Parlia∣ment did once fear that the Islanders, in Despair, and rather than own their Power, would give themselves up to the French. Or that the King urged by his Necessities, would sell it to that Crown for a Summ of Money. 'Tis certain that a Letter came about that time to the Men at Westminster z 1.71, infor∣ming them that the late Earl of St. Albans, and Sir Richard Greenvil, were actually at the French Court, treating about some such thing; And tho' it proved a Mistake, it served to quicken the Resolutions of the Par∣liament, who wisely considered, that if this Island with ten or twelve small Privateers, and

with none or little help from France, was able, meerly by the Advantage and Oppor∣tunity of its Situation, to obstruct the Trade and Commerce of the Channel; how much more would it be able to do so, if, by fall∣ing into the Hands of the French, it should become a Retreat to all the Corsairs of that Nation?

Tho' the Island was reduced, the Ca∣stles were not. Sir George de Carteret shut himself up in that of Elizabeth, with seve∣ral of the Gentry and Clergy, and the Gar∣rison, amounting in all to about 350 sighting Men. The Castle was besieged, and several Batteries were raised on St. Helier's Hill, that did little Execution besides beating down the Parapets, which were soon repaired. Then came the News of his Majesty's safe Arrival in France; Whereupon Mr. Poingdestre was dispatched to his Majesty, to acquaint him with the State of the Garrison. In the mean while the Enemies seeing no great Ef∣fect of their Cannon, caused a Battery of Mor∣tars to be raised, and threw Bombs into the Castle. One of which falling upon the Church, and breaking through two strong Vaults, under which was laid a considerable Quantity of Powder, with other Ammuniti∣ons and Stores, blew up the Church and the adjoyning Buildings, burying above Fourscore Persons of the Garrison under the Ruines thereof. This Accident caused a great Con∣sternation in the Garrison, and hastned the

Reduction of the Place. But before the Governor would hearken to a Treaty, he sent his Chaplain, the Reverend Dr. Durel, late Dean of Windsor, (Mr. Poingdestre not being yet returned) to the King, to know if he may't expect Succour, promising with a very small Force, not only to keep the Ca∣stle, but to drive the Enemies quite out of the Island. The King, after many fruitless Applications made to the French Court, (which was then at Poitiers, and had be∣gun by the Intrigues of Cardinal Mazarin, to enter into a close Conjunction with the Powers in England) sent back this Message to the Governor:

That he was highly satisfied with his Courage and Conduct in the Defence of the Island; Being con∣vinced no man could do more than he had done for his Service. That he was sor∣ry the ill Posture of his Affairs was such, that he could not promise him Relief: requiring him not to throw away the Lives of so many brave Men, who may't be reserved for a better Occasion: And, in short, to Capitulate, and Surrender on the best Terms he could.

Which was done accordingly some Weeks after, upon a very honourable Composition; This being one of the last Garrisons that held for the King.

His Majesty being restored to his Crowns, was pleased to remember the Loyalty and Services of his Subjects of JERSEY; and as

he conferred many Marks of his Royal Fa∣vour on Sir George de Carteret, so he ever expressed great Kindness to the rest of the In∣habitants, whom he took into his particular Protection, among whom reciprocally the Name of K. CHARLES is never mentioned to this Day, but with singular Veneration and Honour. I shall only give one Instance of the Care which that Prince took of our Safety. During the War betwixt France and this Crown, which begun Anno 1665, he completed, and with great Expence fini∣shed the Fortifications of Elizabeth Castle, causing the Green (that is betwixt the lower Ward, and Charles Fort, where an Enemy may't have lodged himself in time of a Siege) to be enclosed with Walls, and planted with Ordnance; there being now no ground with∣in half a Mile of the Castle, but what is ta∣ken into the Fortification, or covered by the Sea at every half Flood; which has no doubt brought a great Accession of Strength to the Place.

During the abovesaid War, one Vaucour Captain of Chauzé (which is a small Island possessed by the French, not far from JER∣SEY) was hanged in Guernezey, by Sen∣tence of the Court there, for endeavouring to surprize, and betray that Island to the French.

* 1.72The Preservation of the Isle of JERSEY, in the late amazing Revolution, is, under God, chiefly owing to the great Prudence and

Resolution of our Magistrates. There was then a Popish Commander, a Popish Priest, and many Popish Soldiers, in Elizabeth Castle, Men that had Temptations and Opportuni∣ties enough, in that Conjuncture, to have called in the French; and indeed we were not without great Apprehensions of it. But matters were so managed, that the Inhabi∣tants were admitted to mount the Guard in the Castle by equal Proportions with the Sol∣diers of the Garrison; which secured that strong Fortress against any Design which that Party may't have had to deliver it up to the Enemy. Nor must we pass under silence the signal Obligation we have to the Right Ho∣nourable the Earl of Bath, who knowing the Danger we were in, did, upon the Prince's Landing in the West, send his own Regi∣ment to our Succour, commanded by the Honourable Sir Bevil Granville his Lord∣ship's Nephew, at whose coming the Papists were disarmed, and the Island was secured for the Prince.

* 1.73And thus I have traced the History of this Island (so far as relates to my present De∣sign) through the Reigns of our former Kings, down to that of their present Majesties K. WILLIAM and Q. MARY; under whose auspicious Government, we promise our selves the same Happiness and Security which we have enjoyed all along under a long Series of so many Excellent Princes. His Majesty was pleased with his own Royal Mouth to assure

Us of his Care and Protection, when Mr. Durel their Majesties Advocate, together with the Author of these Sheets, (introdu∣ced by the Right Honourable the Lord Jer∣myn, our Governour) had the Honour to kiss his Majesty's hand, and to Present him, from the States of the Island, the following Address a 1.74

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 Ʋs Access to Your Royal Throne, and leave to lay this Address at Your Sacred Feet. We are the Representatives of a People, which, tho' distinguished from others of Your Majesties Subjects in Language and peculiar Customs, concurs with them in the common Interest of Your Kingdoms, and yields to none in Zeal and Affection to Your Majesties Persons and Govern∣ment. We are Your Majesties Ancient

Subjects; The Remainder of that once goodly Patrimony which Your Renowned Progenitors had on the Neighbouring Continent; rescued from the unhappy Fate of the rest, by that great care which Your Majesties Predecessors, in all their Wars with France, ever took for the Preservation of this important Place: extending upon all Exigencies their Protection to Ʋs; and constantly supplying Ʋs with every thing needful for Our Defence. Which, by the Blessing of God, has had that Success, that tho' Our Situation exposes Ʋs to a Formida∣ble Enemy, who, in the space of above Six Hundred years, has often projected to Invade Ʋs, and has sometimes actu∣ally attempted it, he has been as often repulsed. Insomuch that after the Re∣volution 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 first, to the rest of Your Majesties Dominions. We humbly conceive this Island to be no less impor∣tant to Your Majesties now, than when it it was thought so in the time of Your

Royal Ancestors; since the known Endea∣vours of the French, for some years, to increase their Naval Power, and their late bold entring the Channel, and dis∣puting with Your Majesties the Empire of the Sea, is a pregnant Proof how great∣ly it would prejudice the Safety and Ho∣nour of Your Crown, should they become Masters of This and the adjoyning Islands. In this Conjuncture, we think it Our Duty to assure Your Majesties, that, with the Divine Assistance, we will defend this Place to the utmost for Your Majesties Service, and that We wish to live no longer than we are Your Majesties Sub∣jects: Hoping Your Majesties will be∣lieve, that, tho' Our Tongues be French, Our Hearts and Swords are truely Eng∣lish. These two Last are entirely 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 hath so wonderfully placed You on the Throne, and who by so many Mira∣cles of his Providence hath hitherto preserved You thereon, to continue his powerful Protection over You; to go out

with Your Fleets and Armies; and to complete that Great Work for which he hath so evidently designed You; which is, to raise the Glory and Reputation of this Nation, to put a stop to the bound∣less Ambition of the unjust Disturber of the Quiet of Christendom, and to pro∣cure a safe and lasting Peace to Europe. We are,

May it please Your Majesties,

Your Majesties most Faithful, and Most Loyal Subjects, &c.

I cannot better conclude this Chapter than with some of those remarkable Testi∣monies which our Kings have given of our Loyalty and Zeal for their Service, in the many Charters by them granted to the In∣habitants of this Island. I shall begin with that of Edward III, who had a particular kindness for this Island, and (as was said be∣fore) made great use of it in his Wars with France.

EDOARDUS Dei Gratiâ Rex An∣gliae, & Franciae, ac Dominus Hiber∣niae,

Omnibus ad quos Praesentes Lit∣terae pervenerint, Salutem.

—Sciatis—quod Nos gratâ memoriâ recensentes, quàm con∣stanter,

& magnanimiter, dilecti & fide∣les Homines Insularum Nostrarum de JERESEY, Guerneseye, Sark & Aure∣ney, in Fidelitate nostrâ, & Progeni∣torum nostrorum Regum Angliae, sem∣per hactenùs perstiterunt, & quanta, pro Salvatione dictarum Insularum, & no∣strorum Conservatione Jurium & Honoris ibidem, sustinuerunt tàm Pericula Cor∣porum, quàm suarum dispendia Faculta∣tum, ac proinde volentes ipsos favore prosequi gratioso, Concessimus, &c.

I shall next mention that of Edward IV, in whose time the Inhabitants did that good Service in recovering Mont-Orgueil Castle from the French who had surprized it.

EDOARDUS Dei Gratiâ Rex An∣gliae, & Franciae, & Dominus Hiber∣niae,

Omnibus ad quos Praesentes Lit∣terae pervenerint, Salutem.

Cùm Nobi∣lissimus Progenitor noster inclytae Memo∣riae Richardus quondam Rex Angliae, & Franciae, & Dominus Hiberniae, post Conquestam Secundus, per Literas suas Patentes, datas apud Westmonaste∣rium octavo die Julii, anno Regni sui de∣cimo octavo, in consideratione benigestûs, & magnae Fidelitatis, quos in Ligeis &

Fidelibus suis Gentibus & Communitati∣bus Insularum suarum de JERESEY, Guerneseye, Sark, & Aureney indiès invenit, de gratiâ suâ speciali concessit pro se & haeredibus suis, quantùm in eo fuit, eisdem Gentibus & Communitati∣bus suis, quod ipsi & successores sui in perpetuùm, forent liberi & quieti, in Omnibus Civitatibus, villis Mercatoriis, & Portibus infrà Regnum nostrum An∣gliae, de omnimodis Theloniis, Exactio∣nibus, Custumis, taliter & eodem modo quo Fideles Ligei sui in sao Regno prae∣dicto extiterunt: ità tamen quoddictae Gentes & Communitates suae, & haere∣des, & successores sui praedicti, benè & fideliter se gererent ergà ipsum Pro∣genitorem nostrum, & haeredes & suc∣cessores suos in perpetuùm, prout in Li∣teris illis plenius continetur; Nos con∣tinuam Fidelitatem Gentis & Communi∣tatis dictae Insulae de JERESEY pleniùs intendentes, Literas praedictas, & om∣nia & singula in eis contenta, quoad Gen∣tem & Communitatem ejusdem Insulae de JERESEY, acceptamus, approbamus, & eidem Genti & Communitati, haeredibus & successoribus suis, per Praesentes rati∣ficamus,

& Confirmamus. Et ulteriùs Nos Memoriae reducentes, quam validè, viriliter, & constanter, dictae Gens & Communitas ejusdem Insulae de JERE∣SEY nobis & Progenitoribus nostris per∣stiterunt, & quanta Pericula & Perdi∣ta pro Salvatione ejusdem Insulae, & Reductione Castri nostri de Mont-Or∣gueil sustinuerunt, de Ʋberiori gratiâ nostrâ Concessimus, &c.

Queen Elizabeth's Charter begins thus.

ELIZABETH Dei Gratiâ, &c.

Quùm Dilecti & Fideles Ligei & Sub∣diti nostri, Ballivus & Jurati Insulae nostrae de JERESEY, ac caeteri Incolae & Habitatores ipsius Insulae, infrà Du∣catum nostrum Normanniae, & Prede∣cessores eorum, à tempore cujus contrarii Memoria hominum non existit, per spe∣ciales Chartas, Concessiones, Confirmatio∣nes, & Amplissima Diplomata, illustrium Progenitorum ac Antecessorum Nostro∣rum, tàm Regum Angliae, quàm Ducum Normanniae, ac aliorum, quampluri∣mis Juribus, Jurisdictionibus, Privilegiis, Immunitatibus, Libertatibus, & Franchi∣siis,

liberè, quietè & inviolabiliter usi, freti, and gravisi fuerunt, tàm infrà Regnum nostrum Angliae, quàm alibi in∣frà Dominia & Loca Ditioni nostrae sub∣jecta, ultrà citrá{que} Mare, quorum ope & beneficio, Insulae praenominatae, ac Loca, Maritima praedicta, in fide, obedientiâ, & servitio tam Nostri quàm corundem Progenitorum nostrorum, constanter, fi∣deliter, & inculpatè perstiterunt, & per∣severaverunt, libera{que} Commercia cum Mercatoribus, & aliis Indigenis ac Alie∣nigenis, tàm Pacis quàm Belli Temporibus, habuerunt & exercuerunt, &c. Quae omnia & singula cujus & quanti Momen∣tisint & fuerunt ad Tutelam & Conser∣vationem Insularum & Locorum Mariti∣morum praedictorum, in Fide, & Obedi∣entiâ Coronae nostrae Angliae, Nos, ut aequum est, perpendentes: Neque non im∣memores quam fortiter, & fideliter, In∣sularii praedicti, ac caeteri Incolae & Habitatores ibidem, Nobis & Progeni∣toribus nostris inservierunt, quantaque Detrimenta, Damna, & Pericula, tàm pro assiduâ Tuitione ejusdem Insulae & Loci, quàm pro recuperatione & Defen∣sione Castri nostri de Mont Orgueil in∣frà

praedictam Insulam nostram de JERE∣SEY, sustinuerunt, indiésque sustinent: non sol••m ut Regia nostra Benevolentia, favor, & affectus ergà praefatos Insu∣larios illustri aliquo nostrae Beneficentiae Testimonio, ac certis indiciis, comprobe∣tur; verum etiàm ut ipsi, & eorum Po∣steri deinceps in perpetuùm, prout antea, solitam & debitam Obedientiam erga Nos, haeredes, & successores nostros teneant & inviolabiliter observent, has Litte∣ras nostras Patentes, Magno Sigillo An∣gliae roboratas, in formâ quae sequitur, illis concedere dignati sumus. Sciatis, &c.

Here followeth the Preamble of a Com∣mission 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 Commis∣sioners Royal, upon an extraordinary oc∣casion.

JAMES by the Grace of God, King of England, &c.

To Our trusty and well∣beloved, Sir Robert Gardiner Knight, and James Hussey Doctor of the Civil Law and one of the Masters of Our Court of Chancery, Greeting.

Whereas in Our Princely Care, and earnest de∣sire

for the Establishment and mainte∣nance of Justice, and for the security and wealth of our Subjects generally in all Our Realms and Dominions, We have been very mindful of the good Estate of Our loving Subjects, the Inhabitants of Our Isles of JERSEY, and Guernezey, and other their Dependances, a Portion re∣maining as yet unto Ʋs in possession of Our ancient Dukedom of Normandy; and have been, and are the rather moved thereunto, both for their intire and in∣violate Fidelity born by them towards Ʋs, and Our Predecessors Kings and Queens of this Realm of England, testified and declared by many their Worthy and acceptable Services towards this Our said Crown, and also in respect of their Situation furthest remote from the rest of Our said Dominions, and for that* 6.1 cause needing Our special Care and Re∣gard to be had of them, being thereby exposed to danger of an Invasion or In∣cursion of Foreign Enemies: And where∣as We are informed, &c. For these Cau∣ses know therefore that We have nomi∣nated You, to be Our Commissioners, &c.

I shall only add this notable Passage of that great Oracle of the English Law, the Lord Chief Justice Coke: b 6.2 The Isles of JERSEY and Garnsey, did of ancient time belong to the Dutchy of Normandy; but when King Henry I. had overthrown his elder Brother Ro∣bert 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 Hen∣ry III. took Money for it, yet the Inha∣bitants of these Isles with great Constan∣cy remained, and so to this day do re∣main, true and faithful to the Crown of England. AND THE POSSESION OF THESE ISLANDS (BEING* 6.3 PARCEL OF THE DƲTCHY OF NORMANDY) ARE A GOOD SEI∣SIN FOR THE KING OF ENG∣LAND OF THE WHOLE DƲTCHY.

CHAP. II. Description of the Island.

* 6.4THE Island of JERSEY is seated in the Bay of St. Michael, betwixt Cap de la Hague, and Cap Forhelles; the first in Nor∣mandy, the last in Bretagne: both which Pro∣montories may be seen from thence in a clear Day. The nearest Shore is that of Nor∣mandy, to which the Cut is so short, that Churches and Houses may be easily discerned from either Coast.

* 6.5It lies (according to Mr. Samar••s his new Survey) in 49 Deg. and 25 Min. of Northern Latitude, which I take to be right enough. But when he gives it but 11 Deg. and 30 Min. of Longitude, I cannot conceive where he fixes his first Meridian. For to say nothing of the Isles of Azores, or those of Cap Verd, which are at a much grea∣ter Distance, if he takes it (with Sanson, and the French Geographers) from the Isle of Feró, the most Western of the Canaries, it must be a great deal more than he says, viz. 18 Deg. at the least; Or if he takes it even from Tenarif, which, according to the best and latest Observations, is 18 Deg. from

London, still the Longitude of JERSEY cannot be less than 15 Deg. 30 Min. It seems to me to have near the same Longi∣tude as Bristol in England.

* 6.6In Length it exceeds not 12 Miles: The Breadth, where it is broadest, is betwixt 6 and 7.

* 6.7The Figure resembleth somewhat an Ob∣long long Parallelogram; the longest Sides where∣of are the North and South, the narrow∣est are the East and West. The North Side is a continued Hill, or ridge of Cliffs, which are sometimes 50 Fathoms high from the Water, and render the Island generally unaccessible on that Side. The South side is much lower, and in some Places level, as it were, with the Sea.

I cannot better compare it than to a Wedge, or to a Triangle Right-angle; the Basis whereof may be supposed to be the Sea; the Cathetus, those high and craggy Cliffs which it hath on the North; and the Hypo∣thenusa, the Surface of the Island, which declines and falls gently from North to South, according to the following Diagram.

[illustration] diagram

JERSEY.

It receives two great Benefits from this Situation. The First is that those Rivulets (for I cannot call them Rivers) with which this Island abounds, do by this means run further, and receive a greater Increase and Accession of Waters (whereby they become strong enough to turn betwixt 30 and 40 Mills that supply the whole Country) than they would do, should the Island rise in the middle, and all the Streams by an equal Course descend on every side to the Sea. This Consideration would be of no great Moment to a larger Country, but is of un∣expressible Use and Advantage to so small an Island. The Second Benefit which we receive from this Situation, is, that by this Decli∣vity of the Land from N to S, the Beams of

the Sun fall more directly and perpendicular∣ly thereon, than if either the Surface was le∣vel, and Parallel to the Sea, or, which is worse, declined from S to N, as it doth in Guernezey. For there, by an odd opposition to JERSEY, the Land is high on the S, and low on the N, which causes, if I may so speak, a double Obliquity; the one from the Position of the Sun it self, 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.

[illustration] diagram

GUERNEZEY.

* 6.8This Declivity of JERSEY is not a smooth and even Declivity, as some may't think. The Surface is extremely broken, and un∣equal,

rising and falling almost perpetually. For as on the N, it is an entire Hill, with few and short Vales, so on the S, SE, and SW, it is cut into sundry fruitfull Valleys, narrow at the Beginning, but growing wi∣der as they draw still nearer and nearer to the Sea; where they end in several Flats of good Meadows and Pastures. Mr. Poing∣destre thought that this Unevenness and In∣equality of the Surface added much to the Quantity and Proportion of the ground, and that the Island was so much the more Ca∣pacious 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 de∣part from so great a Man. It being de∣monstrable that a Country that is exactly level, will contain as many Houses and In∣habitants, 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 equal to the other. There∣fore the true Dimension of any Country is not to be taken from those Gibbosities that swell the Surface in one Place, or those Pro∣fundities that depress it in another, but from the true Basis or Plane of that Country.

* 6.9The Nature of the Mould and Soil ad∣mits great Variety; which proceeds from this Difference of higher and lower Grounds. The higher Grounds are gritty, gravelly, and some stony and rocky, but others are

Excellently good. The Lower are deep, heavy, and rich. Those near the Sea are light and sandy, yet not equally so in all Places. But generally there is little barren Ground in the whole Island; almost none that is not capable of receiving some profi∣table Culture, and recompensing, one way or other, the Pains of the Labouring Hus∣bandman.

We must except a large Tract of once Excellent Lands, in the West of the Island, which within these 200 Years have been so over-run with Sands, that the Island on that side beareth the Image of a Desart. This is said to have happened by Divine Vengeance c 6.10 on the Owners of those Lands, for de∣taining the Goods of Strangers that had been shipwrackt on that Coast, though injoyned by the highest Censures of the Church to restore them. There must be from time to time such publick Examples of Divine Ju∣stice among Men, that the Inhabitants of the Earth may learn Righteousness And yet, I confess, it may't be also the Effect of a Cause not Preternatural: I mean of those high Westerly winds that blow here almost at all Seasons of the Year, and which on this side of the Island, are daily seen to drive the Sands from the Bottom to the Top of the highest Cliffs.

* 6.11The Island produces all Manner of Trees, Shrubs, Fruits, Roots, Flowers, and Herbs Medicinal, Aromatick, or Esculent, all Sort of Pulse and Corn as groweth in England, the latter indeed not in the same Quantity nor Perfection; Pulse and Corn being gene∣rally here of a smaller Size. Since the great Improvement of Cidar, there is so little Malt made in this Island, and consequently so little Barley converted to that Use, that it serves to the poorer People to make Bread of, which to the Eye appears indeed black and course, but is very wholsome and nou∣rishing, and not ungratefull to the Palate.

When Dr. Heylin came into this Island, he found the People more addicted to Til∣lage and Husbandry, than to Manufactures, and Navigation: And accordingly in his Cos∣mography d 6.12 he says, That the Island is ge∣nerally very fruitfull of Corn, whereof the In∣habitants have not only enough for themselves, but some Overplus to barter at St. Malo's with the Spanish Merchants. The matter is much altered since the Doctor was here. The People have changed their Inclination: And the Island doth not now produce that Quan∣tity as is necessary for the Use of the Inhabi∣tants, who must be supplied from England,

or France (in time of Peace) or from Dant∣zick in Poland, to which Last they did ve∣ry much resort of late, invited thither by the Cheapness of the Market.

* 6.13This Decay of Tillage amongst Us has sprung from a Coalition of such Causes as these; As, (1) From the Improvement of Navigation, and Foreign Commerce, which took away many hands which were before imployed in working at the Ground, and which brought us Corn from Outlandish Markets, cheaper than the Husbandman could afford it at home. (2) From the in∣crease of the Stocking-Manufacture, which, to speak truth, has rendered the generality of our poorer People idle and lazy, and has given them an aversion to Husbandry, as a more painfull Occupation. (3) From the conversion of the best Arable grounds into Gardens and Orchards for the groweth of Cidar, a Commodity with which we are now over-stockt, while we want the more ne∣cessary Support of Life. Tho' it must be confessed that since the present War, which has ruined our Trade, our People, sensible of their Error, and press'd by the evident Ne∣cessity of the thing, have applied themselves with more Industry to an Exercise which they had neglected, and have begun to put their hands again to the Plough. So that we may soon grow up to a condition of sub∣sisting, if not wholly from our selves, yet with a little help from England.

* 6.14I may't have named another great Obstru∣ction to Tillage, but such a one as can hard∣ly now be removed. 'Tis the prodigious augmentation of Inclosures, Fences, Hedge∣rows and Highways, which, tho' they add much to the Beauty, and perhaps Strength of the Island, yet hold they no Proportion with the Bigness thereof, and waste a great deal of good Land which may't be turned to better Account. For I am of Opinion that these which I have mentioned, toge∣ther with the Gardens, Orchards, Situation, Avenues, and Issues of Houses, take up ve∣ry near one Third of the whole Island. One is not to imagine such Fences here as in En∣gland, but great Bulwarks of Earth (for so I think I may properly call them) raised with great Labour and Expence, from 6 to 8, and sometimes 10 Foot high, with a Thickness and Solidity answerable to the Height, planted with Quick-sets or Timber-Trees, many of them faced with Stone to a competent Height, as you see the outside of a Curtain or Rampart in a Fortification. And for such they may't serve against a pre∣vailing Enemy, to whom we may't dispute every Field. But still I say, they are atten∣ded 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 Inclosures are great Enemies to the Pleasure and Diversion of Gentlemen, who

cannot well hunt, especially on Horseback, but about the Sea-coasts, where a few of the worse Grounds remain open, or inclosed with low Fences.

* 6.15Having mentioned the many Highways as great wasters of the Ground, I shall add that there are three Sorts of them in this Island. (1) Le Chemin du Roy, i. e. The King's High∣way, which is to be 12 Foot broad, besides 2 Foot more on each Bank or Side, in all 16 Foot. (2) Le Chemin de 8 pieds, i. e. The 8 Foot way, of 8 Foot in the middle, and 4 Foot by the sides, in all 12. (3) Le Chemin de 4 pieds, i. e. The 4 Foot way; like the Roman Actus, serving only for Carriages on Horseback. Over all these there are, in every Tything, particular Officers appointed to inspect them: And yearly about Midsum∣mer, there is a Perambulation of the Ma∣gistrates in one or more of the Parishes, to inquire in what Repair these ways are kept, which is performed very solemnly. The Constable of the Parish where the Per∣ambulation is to be, takes with him 12 of the Principal Men of his Parish, and meets the Judge attended by 3 or more of the Jurats on Horseback: Before whom rideth the Vis∣count, or Sheriff, with his Staff of Office erected, one End thereof on the Pommel of his Saddle. In ancient times it was cum Lanceâ, with a Launce. He keeps the mid∣dle of the way, the Constable and his 12 Men walking on foot by his side; and when

his Staff encountereth with a Bough or Branch hanging on the way, the Owner of the hedge is Fined: But if the fault be in the bottom of the way, not the Party bordering, but the Over-seers for that Tything are amerced.

* 6.16We had anciently another way, and of very different Use, called Perquage, from the word Pertica, because it was exactly 24 Foot broad, which is the measure of a Perch. There were but XII of them in the whole I∣sland, beginning one at every Church, and from thence leading straight to the Sea. The Use of them was to conduct those who for some Capital offence had taken Sanctuary in any of the Churches, and had been forced to ab∣jure the Island, according to an ancient Cu∣stom practised amongst Us in those days e 6.17. Having abjured, they were conducted by the Church-men along those Perquages to the Sea, which Perquages were still a Sanctuary to them; for if they stray'd never so little, they lost the benefit of the Sanctuary, and were liable to the Law. These Perquages may be ranked among the Singularities of this Island, but the Reformation that abo∣lished Sanctuaries, abolished these also.

* 6.18Our manner of Agriculture differs from that of England. I shall mention one thing onely which I thought singular to This, and the adjoyning Islands, till I found it used like∣wise in those of Feroe f 6.19: Which is, that Na∣ture having denied Us the benefit of Chalk, Lime, and Marl, has supplied Us with

what fully answers the end of them in Hus∣bandry. 'Tis a Sea-weed; but a Weed more valuable to Us than the choicest Plant that grows in our Gardens. * 6.20We call it Vraic; in ancient Records, Veriscum, and sometimes Wreccum; and it grows on the Rocks about the Island. 'Tis gathered only at certain times appointed by the Magistrate, and signified to the People by the publick Cryer on a Market-day. There are two Seasons of cutting it: the one in Summer, the other about the Vernal Equinox. The Summer Vraic, being first well dried by the Sun on the Sea shore, serves for Fuel, and makes a hot glowing fire; but the Ashes are a great improvement of the Soil, and are equivalent to a like quantity of Lime. The Winter-Vraic being spread thin on the green Turf, and after buried in the furrows by the Plough, 'tis incredible how with its fat unctuous. Substance it ameliorates the ground, imbibing it self into it, softning the Clod, and keeping the root of the Corn moist during the most parching heats of Summer. In stormy weather, the Sea doth often tear up from the Rocks vast quantities of this Weed, and casts it on the Shore, where it is carefully laid up by the glad Husband-man, there being particular Offi∣cers appointed for the Distribution thereof to all, by certain fixed and adequate Pro∣portions.

* 6.21The Genius of the Soil is naturally much inclined to Wood, and the humour of the People suits with the Genius of their Soil. The whole Island, especially the more in∣land Part, is so thick Planted, that to any that takes a Prospect of it from some higher ground, it looks like an entire and continued Forest, altho' that in walking through it, not a Wood, nor hardly a Coppice is to be seen, but many Hedge-rows and Orchards. Nothing can be imagined more delightful than the Face of this Island, when the Trees, which are set along the High-ways, and in the Avenues of Houses, are covered with Verdure, and the Orchards are full of Blossoms. For as the one affords a pleasant shade, so the other recreates the Eye, and perfumes the Air with a sweet Fragrancy. But still it must be confessed that so much shade is prejudicial to the growth of Pasture and Corn. Tho' we have much Wood we have but little good Timber. For almost all our Trees are Pollards; which is not so much an effect of Choice, as of necessity. The Husband-man being obliged to bring his Trees to a Standard, by Lopping of those spreading and Luxuriant branches which, if let alone, would cover his little Plots and Inclo∣sures, and suffer nothing to grow under them.

* 6.22The ordinary Drink of this Island is Ci∣dar: an ancient Liquor, since we find it mentioned both by Tertullian and St. Au∣gustine. The former calls it succum ex pomis

vinosissimum. The other writing against the Manichees, who objected to the Catholicks that they were men addicted to Wine, where∣as themselves abstained wholly from the Use of it, he answers, not by denying the Objecti∣on, but by telling those Hereticks, That al∣tho' they refused to drink Wine, they would quaff very freely of another Liquor made of the Juice of Apples, far more delicious than Wine, or any other Liquor whatsoever. From these Passages of Tertullian, and St. Augustine, who were both Africanes, Car∣dinal Du Perron (who by the way was born in JERSEY of Protestant Parents) thinks this Liquor was first known in Africa g 6.23, and from thence passed into Spain, among the Biscainers, whose Northern Situation and Icy Mountains were too cold for the tender Vine, and who therefore improved this har∣dy Tree, that lives and grows under any Climate. The Normans, who are almost the only People in France unacquainted with the Grape, transplanted the Apple from Biscay into their Province, from whence we have it in this Island.

I do not believe there is any Country in the World, which, on the same extent of ground, produces so much Cidar as JERSEY. Mr. Samarés his way of guessing at the quan∣tity of Cidar made in the whole Island, was, to allow one Vergée (which is about half an English Acre) of Orchard to every house, which will amount to 3000 Vergées, that being near

upon the number of Habitations in this Island: Now, allowing two Tuns to a Vergée it will arise to 6000 Tuns, or 24000 Hog∣sheads; which is 500 Tuns, or 2000 Hog∣sheads for every Parish one with an other.

'Tis not to be imagined the Island should produce the same quantity every Year. The years alternate. A good Year is usually suc∣ceeded by a bad one. But a good Year com∣monly supplies Us for that, and the next ensuing, beyond use and necessity, even to Ex∣cess and Debauchery. For this vast quantity of Cidar must be wholly consumed among Our selves, little or none being exported abroad; tho' it be the onely product of the Island of which we have an Overplus to spare.

For a remedy to this Evil, there was an expedient once found by some of our Mer∣chants: which was to buy up this Supernu∣merary Cidar, and distill it into Brandy, which they afterwards sold into England. But the new Additional impost laid upon those Liquors by Act of Parliament, has ob∣structed that Trade, which serv'd to take off from our hands a superfluous Commodity that ministers now only to Drunkenness.

Many of our Orchards are plan∣ted after the manner of the fa∣mous Quincunx h 6.24, and all of them in an Order that gives them a Beau∣ty beyond what I have observed in Glocester or Herefordshire, where ap∣pears little Exactness in the Position

and mutual Aspect of the Trees. Nor is there better and larger, more generous and vinous Fruit, than what grows in this I∣sland; but we have it in such Plenty, that 'tis not possible we should use the same nice Exactness in gathering it, and improving af∣terwards by Art such a Sea of Liquor as is drawn out of it, which is used in other Parts, where there is less Fruit, and consequently less Work required about it. But were the same method practised here as in England, viz to cull the choicest Fruit (whereas we mix all confusedly together) and then ferment, rack and bottle our Cidar, I do not doubt but a great deal of it might, for Tast and Colour, dispute it with the so much admired Red∣strake. I have often drank some that was not at all inferior to it.

About 140 years ago there was so little Cidar made in this Island, that the Inhabi∣tants were necessitated to apply themselves to Queen Mary then Reigning, for leave to transport yearly out of England, among o∣ther Provisions, 500 Tuns of Beer for their Use, Custom-free, besides 150 Tuns more for the Garrison, which she granted in the First year of her Reign.

* 6.25Our ancient Drink was Mead. For then this Island abounded with large and nume∣rous Apiaries, which thrived exceedingly but since the increase of Cidar, they are much decayed; tho' to this day Honey made in this Island surpasses all I have Tasted else∣where.

* 6.26Could Men be satisfied with the common Drink of Nature, Water I mean, no People in the World are more liberally stored with that than we of this Island. 'Tis in my O∣pinion the great Wonder of this Island, that whereas 'tis but as it were a great Rock, standing in the midst of the Salt Sea, it a∣bounds, beyond what is seen in any other Country under Heaven, with fresh and ex∣cellent Springs, which gush out of the hard Rock, and bubble up every where, running in a thousand pretty Brooks and Streams a∣mong the Dales, till they lose themselves in that great Receptacle of waters, the Ocean. There is hardly a house that has not such a Spring or Brook near it. Such as have them not, tho' seated on the top of the high∣est Hills or Cliffs, have Wells; and they ••eldom need to dig above six or seven Fa∣thoms ere they meet with most pure and wholsome water.

* 6.27Nor do we want water for Physick no more than for common Use. We have a Fountain of excellent Mineral water, in the Judgment of the Learned Dr. Charleton, late President of the College of Physicians in London, now residing in this Island, who has tried the water, and approved it.

* 6.28Beef and Mutton here is of the smallest kind, but so tender and good, that I have heard many English Gentlemen preferr it to that which is eaten in most Parts of Eng∣land;

whereof I can imagine no other reason than the shortness of our Grass, which has not that Rankness in it, which is pecu∣liar to richer Pastures. Those famous Sheep with six horns, three of each side, one where∣of bent forwards towards the Nose, another backwards towards the Neck, and the third stood erected right upwards in the midst of the other two, mentioned by Writers i 6.29 as one of the Singularities of this Island, are become very rare. Horses we have more than enough for the Use of the Cart and Plough; but not many good for the Saddle. Such as they are, they are no doubt exceed∣ing hardy and strong, and will endure more Fatigue than those of a more generous Breed. I never heard of any Mad-Dogs in this Island.

* 6.30Our constant Game is only the Hare and Rabbit. There are neither Bucks, Stags, Deer, Foxes, nor Wolves in this Island, which require larger and more spacious Countries to range in.

* 6.31Of Fowl we have Plenty enough of all sorts; whether Barn Fowl, Wild Fowl, or Sea Fowl, whose different Species I need not enu∣merate. Here are to be seen the famous Sor∣land Geese, whose Equivocal Generation from a rotten piece of Wood, tossed long in the Sea, and impregnated with Nitre and Salt, is received by many amongst Us for Truth. I have met with very credible Persons who have assured me that they have often seen

those Birds yet sticking to the Plank, some no bigger than Mushrooms, and almost of that shape; others a little more brought in∣to form; others perfectly ••ledged, and just ready to fly. We call them Bernacles, and they are only seen about the Sea, and in very cold Weather. * 6.32The JERSEY-Partridge with red Feet, Pheasant's Eyes, and Feathers of various Colours, is one of the beautiful∣lest Birds in Nature, and is usually sent alive into England, to Persons of Quality, as a great Rarety; but the flesh is not much bet∣ter than that of the common gray English Partridge. The many Hedges in this Island breed and afford shelter to an infinite Num∣ber of small Birds, who chant it merrily all Spring and Summer-long, and delight the Traveller with their pretty Melody. But the poor Husbandman pays dear for that Musick, for they are very destructive to his Corn and Fruit.

* 6.33Our Market is all the year long well sto∣red with Excellent Fish, some common to Us with England, other peculiar to this Place. For Shell-fish, we have Oysters, Lob∣sters, Crabs, &c. in great Plenty, and extraordi∣nary Cheap. We have also the Ormer, which is a Fish scarce known out of these Islands. Ormer (says Mr. Poingdestre) is a Contra∣ction of Oreille de Mer (Auris Marina) a Name given to it because of its Form, which resembleth the Ear of a Man. The Fish within the Shell is a solid Lump of white

Pulp, very sweet and luscious. The Shell in the inside is of the Colour of Mother of Pearl, and is used in carved Works. It has no Under-shell like the Oyster, but the Fish clingeth to the Rock with the Back, and the Shell covers the Belly. 'Tis only found at low Water-marks, in great Spring-tides. For flat Fish we have infinite store of Rays, some with Prickles, some without them; large Turbots, Soles, Flounders, and Plaise of 2 or 3 Sorts. For Scale-fish, we have Base, which come by Shoals so near the Shore, that Cart-loads have been taken at a Draught, some a Yard long: Mullets, both grey and red, the Last a firm and most deli∣cious Fish. But the most common, and to be had at all times, is a Fish we call Ʋrac, in shape and taste very much like a Carp, and may be called the Sea-carp, with several others. For coated Fish, such as are known amongst us by the Names of Haus, Rousses, Roussets, &c. we have them in great Abun∣dance, and they are bought by the poorer People (for they are but a course Fish) or by those of the better sort for Servants and Labourers, almost for nothing. But the Sea about JERSEY and Guernezey, may be styled the Kingdom of Congers. They are found there at all Seasons, and some of them have been known to weigh from 40 to 50 l. Otho de Grandison, Lord (or Governour) of these Islands in the time of Edward I, and Edward II, forc'd an Impost upon Congers

and Mackarel taken about these Islands, and salted for Transportation; and it amounted to 400 Livres Tournois in one Year, at a Penny Tournois for every Conger above 10 l. weight, so transported.

Did I intend a natural History of this Island I may't enlarge further on this Ar∣gument, and mention divers more taken hereabouts, and very rarely, if at all, heard of in other Places; as that little Fish we call Lan••on, as much as to say, a little Lance, (for 'tis somewhat like one) which has this property, that 'tis never found in the Water, but in some moving Sand-bank, which is left dry by the Sea at a low Ebb; and there it hides and buries it self pretty deep, till the Sand being stirred with an Iron, it leaps up, and is taken by handfulls; the Night al∣so being best for this sport, for the Fish glit∣ters when 'tis on the Sand, and is easily seen in the Dark: Tingrels, arm'd with very dange∣rous Teeth and Prickles: Another of a perfect blood Colour, with a Head and Throat al∣most as big as the rest of the Body; our Fishermen call it Gronnard, from the grun∣ting Noise it makes: The Sirene or Mermaid, so called, because 'tis said to have Breasts and Teats like a Woman; but this not so commonly seen as the others.

Having so constant a supply from the Sea, we may the better be without Fresh-water Fish; whereof we have indeed no great Plenty, because we want great Rivers. Ponds

we have, and in those very good Carps. * 6.34There is a Pond especially in the West of the Island, belonging to the Seigneur of St. Oü∣en, where grows a Carp of so unusual a Largeness, and of so excellent a Tast, as is scarce to be equall'd in Europe. Some have been brought into England, that were 3 Foot 4 Inches Long.

* 6.35The great Deformity of this Island, is that almost incredible Multitude of Toads that swarm in it, and are chiefly seen in Summer, and in moist Weather. Doubtless they are a hated sight, to a Stranger espe∣cially. I cannot certainly say whether they are Venomous or not, having never made any Experiment thereof. But this I can affirm, that, after the most diligent Inquiry, I could never hear they do the least harm, tho' they lie in our best Water, and among our best Fruit when it falls on the Ground. So far indeed from it, that 'tis a received Opinion among our People, that those ugly Crea∣tures suck in the Impurities that are in the Elements, and thereby contribute to health: which they prove by the contrary Example of Guernezey, which will not suffer a Toad to live in it, and yet is thought not to be so healthy as JERSEY. Whether it be so or no, still it must be confessed, that great is the Wisdom of God, to set out the Beauty and Perfection of his other Works by such Deformities in Nature as these. * 6.36As for those pretty Lizards, which in a hot Summer-day,

will come out, and sun themselves on the side of a Bank, looking earnestly, and as 'twere with pleasure upon a Man as he pas∣ses by, scarce flying but when they are pur∣sued, they are rather to be counted a Deco∣ration and an Ornament, than a Deformity to this Island. We receive a greater preju∣dice from Moles, which abound with Us, to the great Detriment of Corn, but doubtless to the Benefit and Melioration of Fruit-trees, by loosening and turning up the Earth about the Roots.

* 6.37The Air is temperate, and the Island generally (praised be God) very healthy. And it must be so Naturally, considering the Height and Declivity of the Land, and (as a Consequence of that) the Rapidity of the Streams, together with those salt and strong Breezes which blow almost continually from the Sea. The Unsalubrity of any Country arising chiefly from a low Ground, and a stagnating Air and Water. Hence Men are often seen to live to a great Age amongst us, if by Excesses (which is the Fault of the better sort) or by ill Diet (which is the Misfortune of the Poorer) they do not im∣pair their Health, and shorten their Lives. I cannot say we are wholly free of Distempers. The most usual with us is the Ague in the Spring and Autumn; Neither is the Cold here so intense as in other Places under the same Latitude: But we are more subject to Storms, especially with a Westerly wind, which

blows here the greatest part of the Year, and against which we have no nearer shelter than the great Continent of America, the next Land to us on that side.

* 6.38That vast and amazing Chain of Rocks that invironeth on all sides this Island, some above, some under Water, and the many strong Currents and Tides that run betwixt these Rocks, render the Access to the Island very difficult and full of hazard to those that are not well acquainted with the Coast. And doubtless the Place is more beholding to Nature than Art for the strength of it. 'Tis very probable that a great part of these Rocks was some time firm Ground, which the Violence of the Sea hath torn from the Shore, washing off the softer and looser Earth, and leaving only what it could not dissolve. In the Parish of St. Oúen, the Sea has with∣in these 350 Years swallow'd up a very rich Vale, where to this hour, at Low-water, the Marks of Buildings appear among the Rocks, and great Stumps of Oaks are seen in the Sand after a Storm. The Records of the Exchequer make mention of a People inha∣biting this Tract. And the little Islet up∣on which stands Elizabeth Castle, was joyned to the Land about 1100 Years ago. The Tides about these Islands differ from the rest of the Chanel, and are very extraordinary. They receive their first Motion from the Mouth of the Chanel, and as they go on, take different Impressions from the several

Heads of Land, and narrower Chanels through which they pass. At the first flow∣ing, they all tend ESE, to the Bay of St. Michael, by reason of the flatness thereof. The Sea flows and ebbs in that Bay ordinarily from 15 to 20 Miles, and fills it almost in two Hours time. Then the Motion of the Tides is check'd, and they are conveyed Northwards along the Coast, and so in 12 Hours time quite round the Island. The Currents succeed so one another, that there is no still Water here, as in the Chanel, at low Ebb.

* 6.39The chief Bays and open Places in the Island are St. Oüen, St. Brelard, St. Aubin, Grouville, St. Catharine, Rosel, Bouley, be∣sides other smaller Creeks noted in the Map.

* 6.40The whole Island is divided into 12 Pa∣rishes, which may be rank'd in this Order.

• * 6.41on the N.
  • I. Trinity
  • II. St. John
  • III. St. Mary.
• on the W.
  • IV. St. Oûen
  • V. St. Peter
  • VI. St. Brelard, or Breverlard, for so I find it call'd in Anci∣ent Records, and not S. Brelad.
• ...

• on the S.
  • VII. St. Lawrence
  • VIII. St. Helier
  • IX. St. Saviour.
• on the E.
  • X. St. Clement
  • XI. Grouville
  • XII. St. Martin.

These Parishes are subdivided again into Tythings, which we call Vintaines, noted in the Map.

* 6.42The chief Town is St. Helier, a neat well built Town, seated near the Sea, containing about a 1000 Inhabitants; who are for the most part Merchants, Traders, and Artifi∣cers; The Gentry, and People of the best Fashion living generally in the Country. 'Tis the ordinary Seat of Justice; and here is kept a Market, in the Nature of a Fair, every Saturday, where Gentlemen meet for Conversation, as well as for Business.

* 6.43The next Town of Note is St. Aubin (or St. Albin) distant about three Miles from the former, and standing in the same Bay. This is also much resorted to by Merchants, by reason of the Port, which is the best in the Island. Here they meet every Monday, about matters relating to Navigation and Fo∣reign Trade. The Mole or Peere begun there some Years ago, in imitation of that of Guernezey, is a strong and massy Piece, and when finished, will be a great security to our Shipping, which lay before too much open to a S, and SE Wind.

It were superfluous to enumerate other lesser Towns and Villages dispersed through the Island; The whole being indeed so Po∣pulous, and full of Habitations, that it more resembleth a great Village, than an open and champagne Country. * 6.44The Number of Inhabitants is betwixt 15 and 20 Thousand, reckoning, Men, Women, and Children.

* 6.45Buildings both Private and Publick, are substantial and strong, for they are all of Stone. The meaner sort are of the common Stone of the Island. Houses of Gentlemen, and rich Merchants, are usually faced with smooth wrought Stone, either fetched from Chauzé (the small French Island mentioned before, which also supplies St. Malo) or digged out of Mont-Mado, which is a rich inexhaustible Quarry of Excellent Stone in the N. of the Island. The Chauzé Stone in∣clines to a Blue; the Mont-Mado to a red∣dish Gray, somewhat like the common Por∣phyry: Either of them make a handsome shew. These Buildings will last 2 or 3 Hun∣dred Years, and would surpass what I have seen in other Countries, were the Contri∣vance and Furniture within answerable to the Strength and Beauty without. But our People value themselves more upon what is solid, and lasting, than upon what is only ornamental: Of which this Reason may be given, that the Tenure of Houses and Lands here, is not for Life, or a certain Term of Years only, but in perpetuùm. So that a

Man being perfectly Master of what he pos∣sesses, no wonder if he takes care that his Layings-out and Improvements be made in such a way, as that they may not only last his own Time, but may pass also to his Po∣sterity, who are to enjoy the Tenement after him. The chief Seats in the Island are the Mannors of St. Oüen, Samarés, Trinity, &c.

* 6.46The Language is French. All publick Preaching and Pleading is in that Tongue; and tho' I cannot say that we speak it with the same Purity and Elegancy which they do in France, yet if it be considered what Jargon is used in some Provinces of that Kingdom, as in Dauphiné, Provence, Langue∣doc, Gascogne, Bretagne, &c. one will the less wonder that a few uncouth Words and Phrases should still be retained in This, and the neighbouring Islands. So bad as it is, 'twere in my opinion safer and more advisa∣ble for English Gentlemen to send their Sons hither to learn the Language, tho' at the hazard of carrying back a Barbarism or two, than to send them as they usually do into France, where they are exposed to the Arti∣fices of Men that lie in wait to deceive, and from whence they seldom return but with Minds so alienated from the Customs, Laws; and Religion of their Country, that the publick Mischief which results there-from can never be compensated by a few fine Words which they bring home. Tho' French be the common Language of the Island, there

are few Gentlemen, Merchants, or Princi∣pal Inhabitants, but speak English tolera∣bly.

* 6.47Trade is the Life of an Island. And our People accordingly had before the War, with good Success, applied themselves to the Improvement of it. They were become owners of good Ships, with which they traded not only into England and France, but likewise into Spain, Portugal, Holland, Nor∣way, into the Baltick-Sea, and into the En∣glish Plantations in America. But the Neigh∣bourhood of St. Malo, that famous Retreat of French Corsaires, has ruined our Naviga∣tion. The constant and standing Manufa∣cture of this Island is that of Stockings, tho' that be also brought down very low since the War. They are wrought of English Wooll, whereof a certain Quantity is by Concessi∣on of Parliament allowed to be exported yearly, and manufactured in these Islands. I have heard that 6000 (some say 10000) Pair have been weekly made in JERSEY, which were bought up every Saturday at St. Helier by the Merchants, who dispersed them afterwards into all Parts of Europe. From England we are supplied with all Kind of Mercery and Grocery-ware, Houshold∣stuff, fine Iron-works, Leather, &c. for which we bring in ready Mony, to a consi∣derable Value.

* 6.48Estates here cannot be great, since 'tis not easie for a Man, tho' never so industrious, to

enlarge his Patrimony in a Country so full of People, and where Land is seldom worth less than 30 years Purchase. And the equal sharing of both real and personal Estates betwixt Sons and Daughters (which in En∣gland is call'd Gavelkind, and is the Ancient Use of this Island) destroys many a fair In∣heritance amongst Us, by mincing it into so many little Parcels, which, in the next Ge∣neration, that is, perhaps 20 Years after, must be subdivided again into lesser Portions, and so on, till an Estate is almost dwindled into nothing. Real Estates here consist either in Lands or Rents, but generally the latter, which are for the most part constituted thus: The Proprietor of a Tenement lets it out to another, for so many Quarters of Wheat to be paid every Michaelmas for ever Yearly. This is called a Rent; which may be paid in specie from the said Term of Michaelmas till St. Lawrence's Day next following ‖ 6.49. After which, it must be paid in Mony, according to a certain Rule or Standard set by the Royal Court; which always meets upon that Day, and, from an Account that is laid before it of the several Rates which Corn has been sold at in the Market every Saturday through∣out the Year, determines and fixes the Price of the Rents that remain unpaid. And so the way of reckoning an Estate with us, is not by Pounds, but by Quarters of Wheat. Therefore when 'tis ask'd what Estate a Man hath, the Question with us is not, How ma∣ny

Pounds (as in England) but how many Quarters of Wheat he is worth yearly? The yearly value of a Quarter of Wheat sel∣dom exceeds 12 Livres, French Mony cur∣rant in this Island, which is about 18 Shil∣lings English. But in cheaper and more plentifull Years, 'tis hardly worth 9 Livres, which is less than 14 Shillings. This makes Estates variable and uncertain, since they must rise or fall according to the Price that Corn bears each Year in the Market. Ano∣ther way of creating a Rent is this: A Man that has an Estate and wants Mony, and can∣not, or will not borrow any, sells a Summ of Wheat upon himself, that is, he chargeth himself and his Heirs for ever with the An∣nual Payment thereof. And these Rents have been so multiplied, that 'tis thought there is more Wheat due on that account every Year in this Island, than can grow upon the Island in two Years. All Bonds are not Personal as in England, but real, and carry an express Hypotheca or Mortgage upon the Estate both real and personal of the Debtor.

* 6.50In this Island are many very Ancient Fa∣milies, not only among the Seigneurs, and Gentlemen of the first Rank, but even a∣mong those of Inferior Quality, several of whom can reckon a Descent, which in some other Countries very good Gentlemen would be proud of. It appears by Names, and An∣cient Records, that most of the Families of

this Island are come out of Normandy, or Bretagne; Tho' from K. John's time down∣wards some are found of English Extracti∣on.

Gentlemen that have Seigneuries or Fiefs in this Island, are usually call'd by the Names of them. Thus Sir Charles de Carteret, Seig∣neur of St. Oǔen, is with us called Monsieur de S. Oǔen, and so of others.

CHAP. III. Military Government.

* 6.51THE Chief Officer in this Island, He that more immediately represents the King's Person, and that hath the Precedency of all others, is the Governor.

While this Island was subject to the Kings of France of the First and Second Race, the Governors were styled Comites and Duces, i. e. Counts, and Dukes. Thus LOYESCON who commanded here in the time of Clo∣thaire and Charibert, an. 560, is called Comes, a Count: as we learn from the Compilers of the Life of St. Magloire, the Apostle of this Island k 6.52. And AMWARITH, who had the same Command about 200 Years after, viz. in the time of Charlemagne, is called Dux, a Duke; as appears from that ancient Fragment mentioned before l 6.53, where 'tis said concerning Geroaldus Abbot of Fontenel∣les, that, is quadam Legatione fungebatur in Insulam cui nomen est AƲGIA (JERSEY) cui tempore illo praefuit Dux nomine AM∣WARITH. Under the Dukes of Normandy, and the first English Kings after the Con∣quest, the Government of all these Islands

was generally given to one Man; who was called sometimes Dominus, sometimes Balli∣vus, sometimes Custos Insularum, i. e. Lord, Bailly, or Warden of the Islands. But K. Henry VI. gave them, together with the Isle of Wight, to Henry de Beauchamp, Earl of Warwick, with a very extraordinary Title, viz. with that of KING, as is seen from an ancient MS. Chronicle of the Abby of Tewkesbury, mentioned by Mr. Selden m 6.54, where this Passage is found. Obiit Dominus Henricus Nobilis Dux Warichiae, & Primus Comes Angliae, Dominus le Dispenser, & de Abergevenny, REX de Insulis Wight, & Gardsey & JARDSEY, Dominus quo{que} Ca∣stri Bristoliae cum suis annexis, 3 Id. Junii, A. D. 1446. Anno Aetatis suae XXII. apud Castrum de Hanleyâ, et sepultus est in medio Chori Theokesburiae. When these Islands were separated, and particular Governors as∣signed to each of them, they were styled Captains, and at last Governors, which Ti∣tle was fixed by a special Ordinance of Coun∣cil June 15. 1618.

This Office has been anciently held by Persons of very great Note and Eminency; and we can reckon among our Governors, the Sons and Brothers of some of our Kings: As (1) John Earl of Mortain (afterwards King) who had these Islands given him in the Nature of an Appanage by K. Richard I his Brother: (2) Prince Edward (after∣wards K. Edward I.) Son and Successor of

Henry III, who held them in the same Right in the time of his Father: (3.) John Duke of Bedford; and (4.) Humphrey Duke of Glocester, Brothers of Henry V.

I shall only give an Account of the Go∣vernors* 6.55 of JERSEY, from the time of Ed∣ward IV, ever since which time this Island has always been a separate Government.

* 6.56Sir RICHARD HARLIS∣TON, Vice-Admiral of England, who assisted Philip de Carteret in* 6.57 the Reduction of Mont Orgueil Castle, which had been seized by* 6.58 the French n 6.59, and had thereup∣on the Government given him for his good Service. He died in Flanders.

* 6.60MATTHEW BAKER Esq; Groom of the Bed-Chamber to K. Henry VII, ejected afterwards for Misdemeanors.

THOMAS OVERAY; lyeth buried in St. George's Chappel in Mont-Orgueil Castle, then the Residence of the Governors.

Sir HUGH VAUGHAN; who was also at the same time Lieutenant of the Tower of Lon∣don, Captain of the King's Life∣guard, &c. Resigned the Gover∣nment to—

* 6.61Sir ANTHONY UGHTRED, whose Wife was nearly related to Q. Anne Bolein. He came in by that interest, and lies interred in St. George's Chappel in Mont Orgueil.

Sr. ARTHƲRD ARCY, who sold the Government to—

THOMAS Lord VAƲX of Harrowdon; and he soon after to—

Sir EDWARD SEYMOƲR, Viscount Beauchamp, afterwards Duke of Somerset, and Lord Pro∣tector.

* 6.62Sir HƲGH PAWLET, Trea∣surer to K. Henry the 8th's Ar∣my at the Siege of Bologne, Go∣vernor* 6.63 of Havre de Grace, an. 1563. that Town being then in* 6.64 the hands of the English: Re∣puted one of the best, and most experienced Captains of his Time: A zealous Promoter of the Reformation in this Island, of which he was Governor about 24 Years: was succeeded by his Eldest Son—

Sir AMIAS PAWLET, Pri∣vy Councellor to Q. Elizabeth, Ambassador in France an. 1576, who had also for Successor—

Sir ANTHONY PAWLET, his Son; and he—▪

Sir WALTER RALEIGH, whose very Name is an honour to this Island. But the unfor∣tunate Gentleman held the Go∣vernment not long, it being for∣feited, together with all his o∣ther Great Offices and Prefer∣ments, by his Attainder in the First year of K. James I.

* 6.65Sir JOHN PEYTON, Lieu∣tenant of the Tower, &c.

Sir THOMAS JERMYN, who in his Life-time did also obtain the Reversion of the Go∣vernment after him for his younger Son—

* 6.66HENRY JERMYN, created first Lord Jermyn, then Earl of St. Alban's, Knight of the most Noble Order of the Garter, &c. To whom was afterward joyned in the same Patent, and with e∣qual Authority—

Sir GEORGE DE CARTE∣RET; who with so great Va∣lour held the Island for the King against the whole force of the Parliament in the late Civil Wars o 6.67. After the Restoration in 1660, made Vice-Chamber∣lain, and one of the Lords of the

Privy-Council; and lastly, crea∣ted Baron Carteret of Hains in Bedfordshire. After the said Re∣storation, the Earl of St. Alban's remained sole Governor; but a War ensuing with France an. 1665, the Earl was allowed 1000 l. per annum out of the Exchequer: And—

Sir THOMAS MORGAN,* 6.68 that renowned and valiant Com∣mander, was sent into this I∣sland, and made Governor by special Commission: After whose Decease the like Commission was directed to—

Sir JOHN LANIER p 6.69, recalled upon the Earl▪ of St. Alban's Death, to make way for—

The Right Honourable THO∣MAS Lord JERMYN, Baron of St. Edmund's Bury, who claim∣ed the Government by virtue of a Grant to him formerly made by Letters Patent under the Great Seal, in case he survived his Uncle, the said Earl of St. Alban's. He holds it, as the Earl did▪ for Life.

This Office has been held sometimes Quamdiù Domino Regi placuerit q 6.70; some∣times, Quamdiù se benè gesserit r 6.71; sometimes for a certain and determinate number of Years s 6.72; sometimes during Life t 6.73; sometimes during Life and five years beyond it u 6.74; and at other times again, without Condition, or Limitation of time w 6.75.

* 6.76For the support of this Dignity, the King allows the Governor his whole Reve∣nue in the Island; a small part thereof only

deducted for Fees and Salaries to the Officers of the Court. In ancient times this Revenue consisted of seven Mannors, which were the Patrimony of the Dukes of Normandy. These Mannors were by K. Henry II. let out in Fee-farm to several Tenants, at the rate of a∣bout 460 Livres Tournois yearly, which, with many other old Money-Rents (expressed in the Extent, or Register of the King's Re∣venue, made an. 1331.) amounted to more than 1000 Livres Tournois per annum. A Livre Tournois (Libra Turonensis) being then worth as much as an English l. Sterling is now. This, together with several Parcels of Lands and Meadows, Wheat-Rents, Es∣cheats, Forfeitures, Fines, Services, Ward∣ships, Customs, and other Emoluments, not reckoned in Money, made up a pretty Re∣venue for the King in so small an Island. But now the Livre Tournois is fallen so low (viz. 13. of them for one l. Sterl.) that the said 1000. Livres Tournois are brought under the value of 100. l. Sterl. And many Alienations have been made of the Revenue. It consists now chiefly in the Tythes of Ten Parishes of the Island, which having been appropria∣ted to several Religious Houses in Norman∣dy in time of Popery, were at the Reforma∣tion assumed by the Crown: As also in se∣veral Quarters of Wheat-Rents, and other Profits certain and casual, estimated all to∣gether at about 15000 Livres Tournois per annum. Out of which Sum the aforementio∣ned

Deductions are made; the rest belongs to the Governor; who has a peculiar Offi∣cer appointed by himself for the Collection of the said Revenue, called Le Receveur du Roy, i. e. The Kings Receiver.

Our Kings heretofore did use to dispose of this Revenue more thriftily than they now do; laying on it the whole Charge of the Garrison; causing the remainder to be accounted for in the Exchequer, and out of that allowing a Proportion to the Gover∣nor, greater or less, as he could agree, or had an Interest in the Prince's favour. Thus Jo∣hannes des Roches, who was Warden of these Islands in the time of Edward III. had but 40. l. a year allowed him out of the said Revenue x 6.77. The more usual way was for the Governor to receive the whole Reve∣nue, paying a certain Sum yearly out of it into the Exchequer. Thus Thomas de Fer∣rariis, and Thomas de Hampton, who suc∣ceeded Johannes des Roches, paid 500 Marks yearly. The last that had it with these De∣ductions was Sir Thomas Jermyn, Grandfa∣ther of the Lord Jermyn the now Governor, who paid 300 l. yearly to the King. Nor was this without Exceptions: For Philip de Au∣bigny, Drogo de Barentin, Otto de Grandison, &c. in the time of K. John, Henry III, Ed∣ward I, &c. received and enjoyed the whole Revenue, as the Governors do now, sine Com∣puto. So did those Sons and Brothers of our Kings, mentioned before, who seem to have

had these Islands inpurum & absolutum Domi∣nium. Therefore very properly called Domini Insularum, Lords of the Islands.

* 6.78The Power of the Governors has likewise been greater or less as their Commission has from time to time been either enlarged, or restrained. Anciently the Gover∣nor here was a Person of a mixt Power. I mean that he had the Administration of both the Ci∣vil and Military Authority: He was Judge, as well as Governor: had the disposal of all places in Court, Church, or Garrison. Then he was called Bailly y 6.79, which in the Gottish Tongue signifies Custos, i. e. a War∣den, or Guardian. For he was both Custos Terrae, and Custos Legum, Guardian of the Land, and Guardian of the Laws. In process of time he reserved only the Exercise of the Military and Commanding part to him∣self; transferring the Judicial to another, who remained in possession of the Title of Bailly, while himself retained the sense and meaning of the Word in the new Name of Custos or War∣den which he assumed. Thus, that Office which at first was but one, became two: Yet so as that

he who had the Judicial part (and was now called the Bailly) was still dependant, and at the Nomination of the other. So were the other Ministers of Ju∣stice.* 6.80 Which was a great ob∣struction to a free Administration of it, since the Court must still be at the beck and devotion of him from whom it de∣rived its Power. K. John began, and K. Henry VII completed the Establishment of a Jurisdiction in this Island independant from the Governor, taking away from him the Nomination of the Bailly, Dean, King's Officers, and Viscount; And for∣bidding him to interpose his Authority in Matters that were purely of the Cogni∣zance of the Civil or Ecclesiastical Tribunals. But tho' the Governor has no proper Juris∣diction, yet in regard of his Dignity, his Presence is often required in Court, and is in some sort necessary for the passing of some Acts there: viz. Such as concern the King's Service, the Maintenance of the publick 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 Exe∣cution 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 Fo∣reigner

may come, sojourn, or settle in it without his Knowledge and Privity. No Estates can be held, nor any thing therein transacted, without his Consent; but this with some restrictions, of which more here∣after. On the other side, at his Admission, and before he can do any Act of Govern∣ment, he must produce his Patent or Com∣mission in Court, and must swear to maintain the Liberties and Priviledges of the Island.

His more immediate Province is the Cu∣stody of Their Majesties Castles, the Com∣mand of the Garrison, and Militia of the Island: Which last he models, and regulates at Pleasure.

* 6.81The Place of his Residence is Elizabeth Castle; called also the New Castle, in di∣stinction to Mont-Orgueil, which is the Old Castle. Sometimes again called L'Islet * 6.82, because seated in a small Island in St. Aubin's Bay, taking up the whole Ground or Com∣pass of that Island: Inviron'd round on all sides by the Sea, unless at Low-water, at which time there is access to it over the Sands, especially over a Beach of Pebbles cal∣led the Bridge; but neither is this dry above 6 Hours, sometimes not 5: Distant from the nearest Land 663 Geometrical Paces: Well mounted with Ordnance, and stored with all necessary Provisions of War: Begun An. 1552, in Consequence of an Order of Coun∣cil of An. 1551, injoyning the Bells of the Island (leaving only one in every Church)

to be sold, and the Mony to be applied to the Building thereof: Impregnable by its Situation, and on which (under God) de∣pends the Safety of the whole Island.

* 6.83I wish I could give the same account of Mont-Orgueil Castle, standing aloft on a steep and craggy Promontory in the East of the Island, and as it were proudly overlooking the neighbouring Coast of France. But that Noble and Ancient Castle, under whose Walls the French have so often digged their Graves, falls daily to decay, through want of repair. 'Tis somewhat awed by a Hill, that lies too near it on the Land-side.

f* 6.84The Fort or Tower of St. Aubin, is o good use for the Defence of the Road, and for the Security of our shipping, which lie safe in the Mole, or Peer, under the Guns of the Place.

* 6.85These are all the Fortresses in this Island, where the King keeps Garrison, both in Peace and War; For tho' the Map menti∣ons another Castle called Grosnéz in the West of the Island, it is no Garrison, but an old useless Fortification, of which little remains, and noted now only for having been the re∣tiring Place of Philip de Carteret and his Party, when he stood out against the French in the latter End of K. Henry VI.

* 6.86For the Security of the Coast against a Descent, the Inhabitants have lately in such Places as are most exposed to that Danger, raised Redoubts and Batteries, planted with

good Cannon, which his Majesty at our humble Suit was pleased to give us out of his own Stores for that Service. Every Parish has moreover two or more small Brass Guns, with Officers, Gunners, and Pioneers, to attend them, making in all a Train of be∣twixt 20 and 30 Pieces of Artillery, ready to march where there is occasion.

* 6.87The Garrison consists of a Battalion of the Right Honourable the Earl of Mon∣mouth's Regiment. The rest of his Lord∣ship's Regiment Quarters in Guernezey.

* 6.88The Militia, or Train'd-bands, are formed into 4 Regiments of Infantry, and one Troop of Horse, making in all about 3000 Men. They are all Fire-Arms, Pikes being of no use in this Island.

CHAP. IV. Civil Jurisdiction.

* 6.89WE have shewn in the former Chap∣ter how the Office of Bailly was se∣parated from that of Governor, which two Offices were formerly united in the same Person. The Bailly (under the present Constitution) is an Officer of great Dignity a 6.90. He is the Head of Justice, and holds imme∣diately by Patent from the King, whom he represents in Court, where his Seat is raised above that of the Governor. He can never∣theless act only in Conjunction with the Ju∣rats, who are Twelve in Number, of Royal Institution, but of Popular Election. For K. John being in JERSEY, and finding Justice administred there in a manner Arbitrarily, by one who had the Civil and Military Power in his hands, assisted only by those we call Francs Tenans, and that only thrice a Year, and he not tied to follow their Opi∣nions neither, thought fit to establish such a Form of Jurisdiction here, as was used in Gas∣cogne, consisting of Twelve Men, who are to be perpetual Assistants to the Bailly, and Eligi∣ble by the People. These he called Coro∣natores

Jurati, i. e. sworn Coroners; as may be seen from the Charter of their Creation, b 6.91 Instituit duodecim Coronatores Juratos, ad Placita, & Jura Spectantia ad Coronam, Cu∣stodienda, &c. Coronator (says the Learned Sir Henry Spelman) apud nos Coron••e Officia∣lis pervetustus est, ad tuendam pacem & Dig∣nitatem Regiam in quovis Comitatu, populi Suffragiis Constitutus c 6.92. In ancient Times (says my Lord Coke) it was an Office of great Estimation in England, for none could have it under the Degree of a Knight d 6.93. These Twelve Magistrates in JERSEY are now known only by the Name of Jurats, or Justiciaries, that of Coroners being wholly disused.

* 6.94The Manner of choosing a Jurat in JER∣SEY is this. Upon a Vacancy the Court issues out an Act or Writ of Election: fix∣ing the Day, (which is always a Sunday) and appointing one from their own Body to collect the Votes and Suffrages of the People. The Act or Writ is delivered to the Minister, who after Divine Service reads it from the Pulpit, setting out usually in a short Speech the Duties and Obligations incumbent on those that aspire to that Magistrature, and recommending to the People the Choice of such a one, whom for his Knowledge and Abilities, his Integrity and Love to Justice, his Zeal for the Established Religion and Government, and his Interest in the Asse∣ction of his Country, they know to be of all others fittest for the Place. The People

give their Voices at the Church-door, as they go out, and he that has the Majority throughout the Island, is declared duly Ele∣cted.

Without the Verdict and Opinion of these Twelve, the Bailly cannot pronounce. In case of Inequality of Opinions he is bound to follow the Majority: But he has the Choice betwixt Opinions equal in Number.

* 6.95Besides the Bailly and Jurats, there go to make up the Court several other Officers; as the King's Procurator and Advocate, or the Attorney and Sollicitor; The Viscount, or Sheriff; The Gressier, or Clerk; Six Advo∣cates, or Sollicitors at the Bar; Two De∣nunciators, or Under-Sheriffs: And lastly, the Usher, no sworn, but a necessary Offi∣cer to keep Order.

* 6.96The Court thus composed, is a Royal Court, having Cognizance of all Pleas, Real, Personal, Mixt or Criminal, arising within the Island, Treason only excepted, and some other Casus nimis ardui e 6.97, which are re∣served to the King, and the Lords of His Majesty's most Honourable Privy-Council, to whom alone this Court is subordinate. Nor can the Inhabitants of this Island be sued in any of the Courts of Westminster, for any Matter or Cause arising (as is said before) within the same.

In the latter Days of K. Edward I, and throughout the weak Reign of Edward II, a great Breach was made in the Jurisdiction

of the Court, by the Itinerant Judges sent over hither; who, as the Records of that Time do witness, so plied the poor Inhabi∣tants with Quo Warranto's, calling into Que∣stion not only Publick Grants and Priviled∣ges, but also Private Men's Titles and Pro∣perties, remitting them for further Vexation to the King's-Bench, that none was secure of what he possessed. Which Troubles con∣tinued till the 5th Year of Edward III, when, upon a Petition of both Islands, still to be seen in the Treasury at Westminster f 6.98 that horrid Justice was superseded, and the Jurisdiction of the Court, as established by K. John, with other Publick Franchises and Immunities, were confirmed to us by a new and general Charter.

* 6.99Appeals may be brought before the Coun∣cil-Board in Matters of Civil Property a∣bove the Value of 300 Livres Tournois: But no Appeal is admitted in Matters of less Value; nor in Interlocutories, nor in Crimi∣nal Causes, which are judged here without Appeal.

I cannot but observe that the Case of Treason, excepted from the Cognizance of the Bailly and Jurats, has scarce afforded an Example amongst Us for these 500 Years last past. Geoffrey Wallis (or Welch) Seigneur of 8t. Germain, Handois, and other Fiefs in this Island, was indeed slain in Barnet-Field, with the Earl of Warwick his Master, figh∣ting against Edward IV, for which his Estate

was seized into the King's hands. But it was afterwards by Henry VII declared no Felony, because done in Favour of Henry VI, (who was then still living) in a doubtfull Quar∣rel; and the Estate was adjudged and order∣ed to be restored to John Fantleroy his next Heir. Sir Richard Harliston, who was Go∣vernor of, and had an Estate in this Island, siding on the other hand, with the House of York, in the Reign of K. Henry VII, delu∣ded by the Artifices of the Lady Margaret, and the Impostures of Perkin Warbeck, for∣feited also both his Government and Estate in this Island. But neither will this Exam∣ple reach our Case.

* 6.100Our Kings have used both in ancient and latter Days, and upon extraordinary Occa∣sions, to send over hither special Commissio∣ners, authorized under the Great Seal, who have always been Persons of Quality and Learning, as Doctors in the Civil Law, Ma∣sters in Chancery, &c. whose coming su∣spends the Ordinary Forms and Procedures of Justice. But First they must shew their Commission in Court, and have it there En∣rolled: And then they can in no Case con∣cerning Life, Liberty, or Estate, determine any thing contrary to the Advice and Opini∣on of the Jurats, who are to Sit, and Judge, and make conjunctive Records g 6.101 of their Proceedings with them. My Lord Coke owns, that the King's Writ runneth not in these Islands. His Commission under the Great

Seal doth. But the Commissioners must judge ac∣cording to the Laws and Customs of these Isles h 6.102.

The Laws of this Island, which are to be the Rule and Measure of the Judgments of the Court, differ in many things from those in England. The particulars are too many to be instanced in. In general our Laws may be reduced under these four Heads,

* 6.1031. The Ancient Custom of Normandy, as it stood before the Alienation of that Dutchy in the time of K. John, and was contained in an old Book called in the Rolls of the Itinerant Judges, La Somme de Mançel, or Mançel's Institutes. For whatever Changes have since that time been introduced into the said Custom by French Kings, or French Parliaments, they can be of no force here. This is to us what the Statute Law is in England.

* 6.1042. Municipal and Local Usages, which are our Unwritten and Traditionary Law, like the Common Law in England.

* 6.1053. Constitutions and Ordinances made by our Kings, or their Commissioners Royal at their being here; with such Regulations and Orders as are from time to time Transmitted hither from the Council-Board.

* 6.1064. 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 Authori∣ty, without which nothing can be Law. Ne∣vertheless great Regard is had to them upon

occasion. The same may be said of such Political and Provisional Ordinances as are made by the Court, or the Assembly of the States; like those made by other Bodies Cor∣porate for the good Government of those Societies.

No Act of Parliament can reach us, where∣in we are not particularly named i 6.107

It has been often wished that our Laws were collected, methodized, and digested into a System or Code. A work that would be of ve∣ry great Use, in regard that not only all Causes and Suits within the Island, whether by the ordinary Judges, or extraordinary Commissio∣ners from England, but Appeals also before the Council-Board, are to be determined secundùm Leges & Consuetudines Insulae: which Laws and Customs not being so generally known, 'tis scarce possible but Judgment must sometimes be given contrary to the same.

Causes are not brought into Court, or treated there confusedly. For tho' there be but one Tribunal, and the Judges always the same Persons, yet because matters are of more or less moment, or require different Methods of proceeding, they have been di∣stinguished into IV Classes or Courts.

* 6.108The First is of those that respect the Pro∣perty of Lands, and Inheritance. These we decide in a more solemn Assembly call'd La Cour d'Heritage, i. e. The Court of Inhe∣ritance: Which continueth so many days as are necessary to dispatch all Causes of that

Nature. The first day is kept very Solemnly. For then all the Jurats are bound to be pre∣sent, and without seven of them at least the Court cannot be kept that day, without ab∣solute necessity, which is tied to no Rule. The Governor, or his Lieutenant, useth to assist that day, and to answer in the King's Name for such Fiefs as are in His Majesty's hands, and owe Suit of Court. All Gen∣tlemen, holding Fiefs from the Crown by that Service called in Records Secta Curiae, are also to answer to their Names, or be Fi∣ned. The Advocates renew their Oaths. The Provosts, and Sergeants, who are inferior Officers belonging to the King's Revenue, are to declare all Escheats, Forfeitures, and other Contingent Profits and Emoluments accrued to his Majesty. There also Political Sanctions relating to Order and Government are continued, or if need be abrogated, and new ones made. The Governor, in the King's Name, or the Receiver by Command of the Governor, causeth a solemn Dinner to be prepared, where, besides the Court, those Gentlemen before mentioned holding Fiefs from the Crown, have Right to Sit, and are therefore said in the Extent and o∣ther Records, edere cum Rege ter in anno, i. e. to eat with the King three times a Year, a Custom doubtless older than the Conquest. 'Tis said Three times a year, because we have so many Terms, and this Court is the open∣ing of every Term. After the first day, the

Court is continued every Tuesday and Thurs∣day following, till the end of each Term: Three Jurats always assisting; the XII taking it by turns. Matters treated in this Court are Partitions of Inheritance betwixt Co∣heirs, Differences betwixt Neighbours about Bounds, new Disseisines, and Intrusion upon other Men's Lands, Challenges of Propriety, Pre-emptions between Kindred, which we call Retraict Lignager, (Retractus Consangui∣neorum and Jus Protimeseos) the Property of Rents due for Lands let out in Fee-farm, which we call Rentes Foncieres, (Reditus Fun∣diarius) and such like.

* 6.109The Second Court is that of Catel, i. e. Chattels or moveables. For tho' at present few Causes purely Mobiliary be determi∣ned in this Court (as they were before the Extraordinary Court was set up) neverthe∣less as in the Court of Heritage Rents are demanded without Relation to Arrears, so in this Court they are demanded principally with reference to those Arrears. But the principal Business of this Court is the Ad∣judication of Decrees. Now a Decree with us is this. When a man becomes unable to pay his Debts, he comes into Court, and there publickly makes Cession of his Estate; which we call Renoncer, i. e. To renounce. Whereupon all that have been concern'd with him are by Three Proclamations, and a Fourth Peremptory, cited to come in, and insert into a List or Book, made for that

purpose, their several Demands. Which done, they are called in Order; That is to say, the last Creditor first, and so on Retro∣grading. The last Creditor is asked whe∣ther he will substitute, or put himself in the place of the Cessionary, and take the Estate, paying the Debts that are of an older Date than his: Which if he Assents to, the De∣cree is at an end, and he is put into Possessi∣on of the Estate. Such a one we call a Te∣nant. If he says he will rather lose his Debt than take the Estate on condition to satisfie the other Creditors, the Judge pro∣ceeds to him that stands next in Order of Time, and so on, Retrograding still, and propounding the same Question to all, till so many have Renounced or quitted, that the encumbred Estate being sufficiently purged, some one be found, who may with little or no loss venture to take the Estate, paying those Debts that remain Ʋnrenounced. This is our way of sharing a broken Estate be∣twixt Creditors. And few of the Debts are Chyrographal, i. e. upon Bond, in compa∣rison of those that result from Arrears of Rents; and Rents bought for Arrears of other Rents. Wherein we have a Custom as old as it is injurious, viz. That Arrears of Rents shall have the same Priviledge as the Rent it self; and that a Rent bought in payment of Arrears of a Rent-Fonciere, shall retain the Nature of those Arrears, and con∣sequently of the Rent of which they are

Arrears. Which absurdities have been so long followed that they have strangely in∣tangled our Practice in Point of Decrees. * 6.110Criminal Causes are also treated in this Court, and that usually on the first day or opening of it: Where at Seven Jurats at least must be present, if the Crime be Capital; before which Proclamation is made that Justice Royale, i. e. The Pleas of the Crown shall be held that day; otherwise Three Jurats may suffice to hold the ordinary Pleas of Catel.

* 6.111 The Third is the Extraordinary Court; called also le Billet, because all Causes treat∣edtherein, are heard in Order, as they are set down in a Billet, or scrowl, made for that purpose, and affixed to the Court-gate, to the end that all Persons concerned may know when their attendance will be required in Court. This Court was first brought in Subsidiarily, when Causes grew too nume∣rous for Catel, and is intended for the deci∣sion of Matters of less moment, as Arrears of Rents not exceeding ten years, Arrests, Distrainings, and such like Mobiliary things.

* 6.112The Fourth is the Saturday Court; which is also an Extraordinary and Subsidiary Court, and properly but a Branch of the former. In Term-time it is appointed principally for the King's Causes, and those of the Jurats, who are not tied to the common Rule of Billet: Out of Term, for Causes of Brevity which admit no delay, as Causes of Admiralty, Contracts betwixt Merchants, Breaches of

the Peace, and other daily Occurrences which require no Solemnity, but may be dispatched de plano. And note that when Sentence has been pronounced at Heritage or Catel by fewer than Five Jurats, or at the Extraordinary Courts by less than Three, for Moveables not under the value of 50 Livres Tournois, the Party aggrieved may appeal be∣fore the Body of the Court, consisting of Seven Jurats at the least.

* 6.113These Courts (except the Saturday Court which may be held upon any Emergency, and at the pleasure of the Bailly and Jurats) are not held promiscuously at all times and Seasons, but have their Terms as in other places. The first Term is that of Michael∣mas, which begins always the Thursday im∣mediately before Michaelmas day: but is in∣terrupted during the Month of November that People may attend Husbandry, which in JERSEY is much later than in England. In the beginning of December the Term goes on, and so continues till Christmas-Eve, where it ends. The Second begins the next Thursday after S. Maurus his day, which is the 15th of January, and is very short, for it shuts up in the beginning of February. The Third begins the next Thursday after St. George's day, and continues till Midsummer, and then the long Vacation follows, in which there is no pleading: unless some Causes, that could not be dispatched during the Term, be put off to the first or second week

in September, and so continue till Michaelmas Term begins, if they cannot be ended sooner.

* 6.114The Judgment-Hall, or Place of Judica∣ture, is called La Cohue Royale, and stands in the Town of St. Helier. 'Tis a handsom Building, fronting the Market-place.

Note, That the Place of Bailly being lately become vacant by the never too much lamented Death of Sir Philip de Carteret, Baronet, Seigneur of St. Ouen, the late Bailly, the States of the Island, during the vacancy, have according to Custom chosen for Judge Delegate, Philip le Geyt Gent. who was before Lieute∣nant Bailly, and who being a Person of great Integrity and exquisite Parts and Learning, had discharged that Trust with general Satis∣faction.

CHAP. V. Religion.

* 6.115THere are yet remaining in this Island some old Monuments of Paganisine. We call them Pouquelays. They are great flat Stones of vast bigness and weight, some Oval, some Quadrangular, raised three or four foot from the ground, and supported by others of a less size. 'Tis evident both from their Figure, and great quantities of Ashes found in the ground there abouts, that they were used for Altars in those Times of Superstition. And their standing on Emi∣nencies near the Sea inclines me also to think that they were Dedicated to the Divinities of the Ocean. At ten or twelve foot di∣stance, there is a smaller Stone set up on end, in manner of a Desk, where 'tis supposed the Priest kneeled, and performed some Cere∣monies, while the Sacrifice was burning on the Altar.

* 6.116The Christian Religion was planted in this Island about the Year 565. Of which we have this Account. St. Sampson the last Archbishop of Menevia (now called St. Da∣vid's)

in Wales k 6.117, being forced by the Invasion of the Saxons, or, as other write, by a Pestilence raging in those Parts, to a∣bandon his See, and retire into Armorica or Bretagne, he was kindly received by Hoel II. King of that Countrey. In favour of him the See of Dol, given him by the King, was made the Metropolis of all Bretagne, and the Pope sent him the Archi-Episcopal Pall † 6.118, which Honour was transmitted to his Successors, Archbishops of Dol, and en∣joyed by them above 600 years. But the Territory of Dol being of small Extent, JERSEY and the adjacent Isles on the Coast of Neustria l 6.119 were added to that Diocess by Childebert Son of Clovis, King of France, to whom they then belonged.

These Islands being thus become part of his Care, he applied his thoughts to the Con∣version of them to Christianity † 6.120, but lived not to effect it. He was succeeded in the See of Dol by St. Magloire, a Britain also, his Kinsman and Companion in Exile, who resigning soon after his Bishoprick to St. Bu∣dic, one of his Disciples, came over himself into these Islands, and landed in Sargia, now called Serk m 6.121, where he built a little Mo∣nastery, or Colledge of Priests, which stood in that Island about 800 years, viz. till the

time of K. Edward III, there being yet to be seen in the Remembrancers Office in the Exchequer, an account mentioning a yearly Pension paid by the Crown to the Monks of this Convent, under the Name of Con∣ventus S. Maglorii in Insul. Sarg. From thence he sailed to JERSEY, where by his powerful Preaching, his holy and exemplary living, and the mighty Works which God wrought by him in the midst of Us, if the Writers of his Life may be credited, he la∣boured so successfully, that the Count or Go∣vernor Loyescon, and all the Inhabitants, came over to the Faith. He died in this Island, and was buried in a little Chappel erected to his Memory in the Parish of St. Sa∣viour, hard by the Free-School called from him to this day St. Magloire, corruptly St. Manlier. About 250 years after, this Island being much infested by the Danes and Nor∣mans, his Body, which after the manner of those times was visited by Pilgrims from all Parts, was, by command of Neomenius King of Bretagne, transported thither, and depo∣sited in the little Priory of Lehon n 6.122 near Dinant, built for its Reception, where it rested 66 years. But the Normans entring into Bretagne also, it was removed again, and translated to Chartres, and at last to Paris o 6.123, where it lies in the Royal Chap∣pel of St. Bartholomew, now become an Ab∣by under the Name of St. Barthelemi & Saint Magloire p 6.124. This was the Instru∣ment

which God was pleased to make use of to bring the Inhabitants of this Isle to the knowledge of himself, who were before Gentiles and Idolaters.

While St. Magloire was living, and do∣ing the Work of an Evangelist amongst Us, Pretextatus Archbishop of Rouen in Nor∣mandy, oppressed by the hatred and Calum∣nies of Fredegund Wife of Chilperic King of France, was banished here into JERSEY q 6.125. He associated himself to St. Magloire, and with great Zeal and Fervency laboured with him in Preaching the Gospel, and car∣rying on the work of God in this Island. Being recalled from Banishment, and resto∣red to his See, he was sometime after mur∣dered in his Church by Command of that cruel Woman; for which he has been de∣servedly reputed a Martyr, according to the following Distych of Orderic Uticensis r 6.126.

Occubuit Martyr Pretextatus Fredegundis Reginae Monitu, pro Christi nomine Jesu.

* 6.127What progress Christianity made in JERSEY appears from the Foundation of Twelve Parish-Churches, (which have a Beau∣ty and Solidity beyond what is usually seen in ordinary Country Churches) A noble and stately Abby, (that of S. Helier) Four Prio∣ries,

(viz. Noirmont, S. Clement, Bonnenuit and de Leck) and above twenty Chappels, of which the greater part are now in rubbish. Of those that are left standing there are two of special Note. * 6.128The one is La Chapelle de Nostre Dame des Pas, so called from a pretended Apparition of the blessed Virgin, and the impression of her Footsteps in the Rock whereon the Chappel stands. * 6.129The other is la Hougue, so called from a high Artificial Hill on the top whereof it is loftily seated. For Hougue in French is properly what the Latines call Agger or Tumulus, i. e. a Mount of Turf or Earth, made with hands, and raised more or less above the circumjacent Level. And those Aggeres or Tumuli were in former days raised on the Bodies of He∣roes and Great men slain in the Wars; rai∣sed (I say) in the Field, and on the very place where they fell. And such I take the Hougue in JERSEY to be The Old Tra∣dition is, that a Gentleman of Normandy s 6.130 coming into this Island, was there slain, and that his Wife caused this noble Monu∣ment to be erected over him, carrying it up to that height purposely that from her house in Normandy she might have a prospect of the Place where lay the Ashes of him whose Memory was so dear to her even then when he was but cold Earth. The Chappel on the top I guess to have been added for Masses to be said therein for the Soul of the De∣ceased, according to the Superstition of

those days. And this I take to be the best account that can be given of this ancient Chappel, and the Moles on which it is e∣rected: which differs from that of Mr. Poing∣destre, who thinks this Eminency was raised at the time that the Danes and other Nor∣thern Nations made their inroads into this Island, and was designed for a Specula, or Watch-Hill, to discover them at Sea, and to give Notice of their approach; and that the Chappel was built long after by one Mabon, who was Dean of this Island about the Year 1520; Mabon indeed did cause the East end to be new built, and a passage with a Repository under ground, and under the Altar, to be made in imita∣tion of the Holy Sepulcher at Jerusalem, where he had sometimes been.

* 6.131I shall pass over those dark Ages of Po∣pery which too soon followed the Planting of Christianity in this Island, and shall ha∣sten to give some account of the State of Religion here from the Reformation. The same Change of Religion that was made in England, in the Reign of K. Edward VI, was made here also. The English Liturgy was translated into French, and sent hither. In Q. Mary's time the Mass was set up a∣gain, as it was in England. But through a singular Mercy of God, the Persecution did not rage here, as it did there. While that Queen made Bonfires of Protestants in Eng∣land, Richard Averty a Popish Priest in this

Island, was hanged for Murder by Sentence of the Royal Court. He was a great Ene∣my and Persecutor of the married Clergy, but himself at the same time kept a Whore, who being brought to bed, he, to conceal his Shame, murdered the Infant, unknown to the Mother; for which he was apprehend∣ed, and notwithstanding the opposition of Pawlet the Popish Dean, who would have had him convened before the Bishop of Coûtance as his proper Judge, suffered as he deserved. This must seem an Action of great Boldness and Resolution in the Court at that time, to any that considers the Power and Interest of the Popish Clergy under that Reign. It was not so in Guerne∣sey. There such an Act of Cruelty was committed as is not to be matched by any thing we meet with in ancient or modern Martyrologies t 6.132 A poor aged Widow, and her two Daughters, whereof one named Per∣rotine Massey was the Wife of a Minister who was fled because of the Persecution, were condemned to be burnt for Heresie. The Ministers Wife was big with Child. When she came to suffer, her Belly burst through the violence of the Flame, and a lovely Boy issued forth, who falling gently on the Fa∣gots, tumbled off without receiving any in∣jury from the Fire. The Child was taken up, and carried to the Dean and Magistrates, who sent it back, and ordered it to be thrown in with the Mother. The cruel

Command was obeyed, and the innocent Babe was baptized in Fire.

Upon Q. Elizabeth's happy Inaugura∣tion, her first Care was the Settlement of Re∣ligion. But in this Island we fell into the other extreme. 'Tis well known what Per∣secutions the French Protestants suffered un∣der the Reigns of Francis I, Henry II, Fran∣cis II, Charles IX, and Henry III. The Neighbourhood of this Island invited great numbers of them, and among them some of their Ministers, to take Sanctuary here; and their Example soon begot in the minds of too many of our People a dislike of the English Reformation: wherein also they were too much countenanced and encoura∣ged by the Governor, who, whether out of Inclination, or Affectation of Popularity, or (which I rather think) the hope of adding to his Government the Revenue of the sup∣pressed Deanry, favoured that Party. They possessed themselves of the Parish Church of St. Helier, where the Sieur de la Ripaudiere, a French Minister, preached and gave the Sacrament after the manner of Geneva: and soon after a solemn Deputation was made to the Queen, for leave to have all the other Churches in the Island modell'd after that way. This the Queen denied; allow∣ing them only that Church of which they were possessed, and strictly Commanding that Form and Order of Service, which was set forth within her Realm, to be continued in

the Residue of the Parishes of this Isle; as ap∣pears from the following Letter sent by the Council to the Bailly and Jurats, bearing Date Aug. 7. 1565.

After our very hearty Commendati∣ons unto you; Whereas the Queen's Most Excellent Majesty understandeth that the Isles of JARSEY and Guernezey have anciently depended on the Diocese of Constance, and that there be certain Churches in the same Diocese well Re∣formed, agreably throughout in Doctrine as it is set forth in this Realm: Know∣ing therewith that you have a Minister, who, ever since his Arrival in JARSEY, hath used the like Order of Preaching and Administration as in the said Re∣formed Churches, or as it is used in the French Church at London; Her Maje∣sty for divers Respects and Considerati∣ons moving her Highness, is well plea∣sed to admit the same Order of Preach∣ing and Administration to be continued at St. Helier's, as hath been hitherto accustomed by the said Minister. Pro∣vided always that the Residue of the Parishes in the said Isle shall diligently

put apart all Superstitions used in the said Diocese, and so continue there the Order of Service ordained and set forth within this Realm, with the Injunctions necessary for that Purpose; wherein you may not fail diligently to give your Aids and Assistance, as best may serve for the Advancement of God's Glory. And so fare you well.

From Richmond the 7th Day of August, Anno 1565.

[Signed]

• N. Bacon.
• R. Leicester.
• R. Rogers.
• Will. Northampton.
• Gul. Clynton.
• Fr. Knolls.
• Will. Cecil.

Notwithstanding this Letter, all the other Churches in the Island soon followed the Example of that of St. Helier, and the En∣glish Liturgy came to be generally disused. This gave mighty Encouragement to the Puritans in England, who hoped to draw great Advantages from it, and indeed grew very insolent upon it. To improve the Op∣portunity, Cartwright and Snap, those Two great Incendiaries of the English Church, were sent into these Islands. At whose coming a Synod of the Ministers and El∣ders of JERSEY, Guernezey, Serk, and Al∣derney,

was Convened at the Town of St. Peter-Port in Guernezey, June 28, 1576. And there in Presence of both Governors, a Form of Classical Discipline u 7.1 digested into twenty Chapters, and each Chapter into several Articles, was agreed on to be used from thenceforth in the four Islands: Which Discipline was again confirmed in another Synod held at Guernezey the 11, 12, 13, 14, 15, and 17th Days of Octo∣ber, 1597.

It was a bold Step in the Governors not only to tolerate that unlawful Assembly, but to countenance (as they did) all the Acts of it by their Presence and their Sig∣nature. I call it an unlawful Assembly, be∣cause it met, and enacted Laws Ecclesiasti∣cal, binding the Subject, without the Royal Authority; throwing the Liturgy out of those Churches where by Express Command of the Queen it had been injoyned to be continued, to make way for their Model, which was only indulged to St. Helier in JERSEY, and to St. Peter-Port in Guerne∣zey. But the Governors got well by it, for by that means the Spoils of the poor Dean∣ries fell into their Hands.

Timely Application was made by that Party to K. James, at his coming to the

Crown; to whom it was falsly suggested that the Discipline had been permitted and allowed by Q. Elizabeth: Whereupon a Letter under the Privy-Seal, dated Aug. 8. 1603. was easily obtained, confirming that pretended Permission, and setling the Di∣scipline in both Islands as it was alledged to have been in the Days of that Queen. The Letter was as followeth.

JAMES R.

JAMES by the Grace of God King of England, Scotland, France, and Ireland, &c.

Ʋnto all those whom these Presents shall concern, Greeting.

Where∣as We Our Selves, and the Lords of Our Council, have been given to understand, that it pleased God to put it into the Heart of the Late Queen, our most dear Sister, to permit and allow unto the Isles of JARSEY and Guernezey, parcel of our Dutchy of Normandy, the Ʋse of the Government of the Reformed Churches in the said Dutchy, whereof they have stood possessed until our com∣ing 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 Ʋse of the Ecclesiastical Discipline there now Established; for∣bidding any one to give them any trou∣ble or impeachment as long as they con∣tain themselves in our Obedience, and attempt not any thing against the Pure and Sacred Word of God.

Given at our Palace at Hampton-Court, the 8th Day of August, Anno Dom. 1603▪ and of our Reign in England the First.

'Tis plain the Grant in this Letter was void and null from the beginning, being founded on an Allegation manifestly untrue, viz. that Q. Elizabeth had given way to the Establishment of the Discipline throughout all the Churches in these Islands; The con∣trary whereof appears from the very Words of the Letter written by her Council. How∣ever, matters stood thus till a New Gover∣nor coming to JERSEY, and clashing with the Colloquy about the Right of collating to vacant Benefices, which both Sides lay∣ed equally claim to, He in the Right of the King as the true Patron, They by Virtue of the Discipline which empowered them to confer Orders and fill up vacant Livings with such only as had a Call from them∣selves,

the Altercation grew so high that it endangered the publick Peace, and many of the Principal Inhabitants became humble Suiters to His Majesty to restore to them the Liturgy, and to settle among them a Form of Ecclesiastical Jurisdiction suitable to that of the Church of England, with regard to their ancient Customs and Priviledges, to which they prayed His Majesty at the same time not to derogate. The Address was well received at Court. The Liturgy was restored, and the Office of Dean (which had been above 60 Years disused) was Re∣vived, and conferred on the reverend Mr. David Bandinel † 8.1, one of the Ministers of the Island; The New Dean and Ministers were injoyned to draw up a Body of Ca∣nonsw 8.2 to be approved by the King; which after several Corrections and Amend∣ments made therein by Archbishop Abbot, the Lord-Keeper Williams, and the Lear∣ned Andrews Bishop of Winchester (com∣missioned thereunto by the King) received the Royal Assent June 30. in the 21st Year of His Majesty's Reign, and were thereup∣on transmitted to JERSEY, to have there the Force of Laws in Matters Ecclesiastical, as they have to this Day. A Copy of which Canons, collated with the old French Original extant in our Records, is hereunto added for publick Satisfaction.

JAMES R.

JAMES by the Grace of God King of England, Scotland, France, and Ireland, Defender of the Faith, &c.

To our right Trusty and well beloved Coun∣seller the Reverend Father in God Lan∣celot Bishop of Winton, and to our Trusty and well beloved Sir John Pey∣ton Knight Governor of our Isle of JAR∣SEY, and to the Governor of the said Isle for the time being; To the Bailiff and Jurats of the said Isle for the time being; and to the Officers, Ministers, and Inhabitants of the said Isle for the time being, To whom it shall or may apper∣tain, Greeting. Whereas we held it fit∣ting 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 Go∣vernment of the said Island in Causes Ecclesiastical appertaining to the Eccle∣siastical Jurisdiction) to command the said Bishop of Winton, Ordinary of the said Island, to grant his Commission unto

David Bandinel now Dean of the said Island, to exercise the Ecclesiastical Ju∣risdiction there according to certain In∣structions signed with our Royal Hand, to continue only until we might establish such Constitutions, Rules, Canons, and Ordinances, as we intended to settle for the regular Government of that our Island in all Ecclesiastical Causes, con∣formed to the Ecclesiastical Government established in our Realm of England, as near as conveniently might be: And whereas also to that purpose our Plea∣sure was that the said Dean with what convenient Speed he might, after such Authority given unto him as aforesaid, and after his Arrival into that Island, and the publick Notice given of his Admission unto the said Office, should, to∣gether with the Ministers of that our Isle, consider of such Canons and Con∣stitutions as might be fitly accommoda∣ted to the Circumstances of Time and Place, and the Persons whom they con∣cern, and that the same should be put into Order, and intimated to the Go∣vernor, Bailiff and Jurats of that our Isle, that they might offer to us and to

Our Council such Acceptions † 9.1, and give such Informations touching the same, as they should think good: And whereas the said Dean and Ministers did con∣ceive certain Canons and presented the same unto Ʋs 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 Car∣teret Esquires, three of the Jurats and Justices of Our said Isle: All which Parties appeared before Our right Trusty and well beloved Councellors, the Most Reverend Father in God the Lord Arch∣bishop of Canterbury, the Right Reve∣rend Father in God the Lord Bishop of Lincoln Lord-Keeper of Our great Seal of England, and the Right Reverend Father in God the said Lord Bishop of Winton, to whom We gave Commission to examine the same, who have accor∣dingly heard the said Parties at large, read, examined, corrected, and amen∣ded the said Canons, and have now made Report unto Ʋs under their Hands, that by a mutual Consent of the said De∣puties and Dean of our Island, they have

reduced the said Canons and Constitu∣tions Ecclesiastical into such Order as in their Judgments may well fit the State of that Island: KNOW ye there∣fore, that We out of Our Princely Care of the quiet and peaceable Government of all Our Dominions, especially affecting the Peace of the Church, and the Esta∣blishment of true Religion, and Ecclesi∣astical Discipline in one uniform Order and Course throughout all Our Realms and Dominions, so happily united under Ʋs, 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 afore∣said, do by these Presents, ratify, con∣firm, and approve thereof. AND fur∣ther, We out of Our Princely Power, and Regal Authority, do by these Presents signed with Our Royal Hand, and sealed with Our Royal Signet, for Ʋs, Our Heirs and Successors, will and command that the said Canons and Constituti∣ons hereafter following, shall from hence∣forth in all Points be duely observed in Our said Isle, for the perpetual Government

of the said Isle in Causes Ecclesiastical: unless the same, or some Part or Parts thereof, upon further Experience and Trial thereof, by the mutual Consent of the Lord Bishop of Winton for the Time being, the Governor, Bailiffs and Jurats of the said Isle, and of the Dean and Ministers, and other Our Officers of Our said Isle, for the time being, repre∣senting the Body of Our said Isle, and by the Royal Authority of Ʋs, Our Heirs, or Successors, shall receive any Additi∣ons or Alterations, as Time and Occasion shall justly require. And therefore We do further will and command the said Right Reverend Father in God Lance∣lot now Lord Bishop of Winton, that he do forthwith by his Commission under his Episcopal Seal, as Ordinary of that Place, give Authority unto the said now Dean, to exercise Ecclesiastical Jurisdi∣ction in Our said Isle, according to these Canons and Constitutions thus made and established.

De la Souveraine∣té du Roy.

PRemierement, se∣lon le Devoir que nous devons a la Tres-Excellente Majesté du Roy, il est Ordonné que le Doyen & Ministres ayans cure des Ames, seront tenus un chascun de tout leur Pouvoir, Scavoir, & Cognois∣sance, d'enseigner, mettre en Evidence, & desclarer purement, & sincérement, sans aucune feintise ou dis∣simulation, & le plus souvent que faire se pourra, & que les oc∣casions s'en presente∣ront, que toute Puis∣sance Forreine, estran∣gere, & Ʋsurpée, pour autant qu' elle nâ aucun fondement en la Parole

de Dieu, est totale∣ment, pour bonnes & justes Causes, ostée & abolie; & par consé∣quent que nulle sorte d'Obeissance, ou Sub∣jection, dedans les Roy∣aumes & Dominions de sa Majesté, n'est deüe à aucune telle Puissance: Ains que la Puissance du Roy dedans les Roy∣aumes d'Angleterre, d'Ecosse & d'Irlande, & autres ses Dominions & Contrées, est la plus haute Puissance sous Dieu, à laquelle Tou∣tes Personnes, habitans & natifs dans icelles, doivent par la Loy de Dieu toute Fidélité & Obeissance, avant & par dessus toute autre Puissance.

2. Quiconque affer∣mera & maintiendra

que la Majesté du Roy n'a la méme Autho∣ritè en causes Eccle∣siastiques, comme entre les Juiss ont eû les Rois Religieux, & les Em∣pereurs Chrestiens en l'Eglise Primitive; Ou quiconque donnera au∣cun Empeschement, en quelque maniere que ce soit, a la Souverai∣netè du Roy esdites Causes; & quiconque affermera que l'Eglised' Angleterre, comme elle est establie sous la Ma∣jesté du Roy, n'est une Vraie & Apostolique Eglise, enseignant pu∣rement la Doctrine des Prophetes & Apostres; Ou quiconque impug∣nera le Gouvernement de la dite Eglise qui est par les Archevesques, Evesques, & Doyens, l'affirmans estre de

l'Ante-christ; quil soit Excommunié ipso fa∣cto, & non restabli que par le Doyen en Cour Sêante, apréz sa Re∣pentance & Revocation publique de son erreur.

Du Service Divin.

3. Il est enjoint a tou∣tes sortes de Person∣nes de se sousmettre au Service Divin con∣tenu au Livre des Communes Prieres de l'Eglise d'Angleterre: & quant aux Ministres, ils seront obligès d'Ob∣server avec Ʋnifor∣mitè la dite Liturgie, sans Addition, ou Alter∣ation; & ne souffrira on aucun Conventicule, on Congrégation, pour faire Secte apart, ou se distraire du Gou∣vernement Ecclesiasti∣que

establi en l'Isle.

4. Le jour du Diman∣che sera sanctifié par Exercices de Prieres Publiques, & oüye de la Parole de Dieu; se∣ra un chascun tenu de s'y ranger a heure con∣venable, & observer l'ordre & bienseánce à ce requise; se rendans attentifs à la Lecture & Prèdication, e∣stans a genoux durant les Prieres, & se te∣nans debout à la Con∣fession de Foy, & doi∣vent testifier leur Consentement & Parti∣cipation en disant A∣men. Et partant du∣rant aucune partie du Service Divin les Sur∣veillans nepermettront aucune interruption ou empèschement par In∣solence ou devis d'au∣cune

personne soit au Temple ou Cimetiere.

5. Il y aura Ex∣ercice Public en cha∣cune Paroisse les Me∣credys & Vendredys Matin, par la Lecture des Communes Prie∣res.

6. Quand quelque Ʋrgente Occasion re∣querra de célébrer un Jeusne Extraordi∣naire, le Doyen avec l'avis des Ministres en avertira le Gouver∣neur & le Magistrat Civil, à ce que par leur Consentement & Authorité il soit ob∣servé généralement, pour appaiser le Cou∣roux & ire de Dieu par une vraye & seri∣euse Repentance.

Du Baptesme.

7. Le Baptesme ser a administré en l'E∣glise avec eau pure & commune, suivant l'Institution de Jesus Christ, & sans limi∣tation de jours; & nul ne différera de pre∣senter son enfant au Baptesme plus outre que le prochain Di∣manche, ou Assemblée publique, s'il se peut faire commodément; & ne pourra aucun estre receû à y presenter en∣fant s'il ne Communi∣que à la Sainte Céne; Et ne pourront les femmes seules estre Marraines.

De la Céne.

8. En chaque Egli∣se la Ste. Céne se célè∣brera quatre fois l'An, dont l'une sera à Pas∣ques, & l'autre à Noel; & chaque Ministre en l'Administration de la Céne recevra premie∣rement le Sacrament, & baillera le pain & le vin à un chascun Communiquant, en u∣sant les Mots de l'In∣stitution.

9. Tous Péres & Maistres de Famille se∣ront exhortés & en∣joints de faire instrui∣re leurs enfans & Do∣mestiques en la Cog∣noissance de leur salut, & pour ce faire auront

soin de les envoyer aux Catéchismes ordi∣naires.

Du Marriage.

10. Aucun ne se Marriera contre les Degrés qui sont prohi∣bés par la Parole de Dieu; selon qu'ils sont exprimés en la Table faite par l'Eglise d'Angleterre, sur peine de Nullité & Censure.

11. Les Annonces se feront par trois Dimanches consècutifs aux Paroisses des Parties, & sera obli∣gée la Partie de l'autre Paroisse où le Mar∣riage ne sera Celebré d'apporter Attesta∣tion de la Publica∣tion de ses Annonces en sa Paroisse. Neant∣moins

sur causes légi∣times on pourra avoir Licence & Dispensati∣on dès dites Annonces par l'authorité du Doy∣en, qui prendra suffisan∣te Caution de la Liber∣té des Parties.

12. Il ne se fera aucune Sèparation à Thoro & Mensâ qu'a cause d'Adultère, cru∣auté, & danger de Vie, dûement prouvés, & ce à l'Instance des Parties: & pour l'Al∣loûance de la femme durant la Sèparation, elle aura recours au Bras séculier.

Des Ministres.

13. Nul qui ne soit propre à enseigner, & capable de Prescher la Parole de Dieu, ne se∣ra

admis en aucun Bè∣nèfice de l'Isle; & qui n'ait receû l'Impositi∣on des Mains, & Or∣dination, selon la For∣me de l' Eglise d'An∣gleterre.

14. Nul, ne Doyen, ne Ministre, ne pour∣ra occuper ensemble deux Bènèfices, si non en temps deVacance; & seront les Originaires, ou Natifs de l'Isle, prè∣fèrès au Ministère.

15. Les Ministres au jour de Dimanche aprés les Priéres pub∣liques expliqueront le Matin quelque Passage de l'Escriture sainte, & Aprés-midy traite∣ront les Points de la Religion Chrestienne contenus au Catéchis∣me du livre des Com∣munes Prieres.

16. En leur Prieres ils Observeront les Ti∣tres qui appartiennent au Roy, le recognois∣sans Souverain Gou∣verneur sous Christ en toutes Causes & sur toutes personnes, tant Ecclesiastiques que Ci∣viles, Recommandans la Prosperité de sa Personne, Estat, & Posterité Royale.

17. Ʋn chascun des Ministres advisera diligemment de dé∣monstrer la bienséance & gravité en habits qui conviennent à sa Charge, & qui préser∣vent le Respect deû à sa personne; & seront aussy Circonspects en tout le Cours de leur vie de se preserver de telles Compagnies, A∣ctions, & hantises de

places, qui leur puisse apporter blasme ou fle∣strisseure; & partant ne deshonoreront leur Ro∣be par Jeux, Taver∣nes, Ʋsures, Compag∣nies, & Occupations qui ne Conviennent à leur Fonction; Ains s'estudieront à excel∣ler par dessus les au∣tres en pureté de vie, Gravité, & Vertu.

18. Ils auront soin que Registre soit gardé des Baptesmes, Marri∣ages, & Enterrements; & seront obligés de Pu∣blier, au jour qui leur sera appointê, les Or∣donnances de la Cour, qui leur seront en∣voyées, signées & sée∣lées du Doyen, leur estans delivrées Quin∣ze jours avant la Pub∣lication.

19. Les Ministres seront avertis en temps convenable pour assister aux Enterremens qui se feront en leur Pa∣roisses, & là observe∣ront la Forme prescrite au livre des Commu∣nes Prieres; & nul ne sera enterré dans le Temple sans congé du Ministre, qui aura é∣gard à la Qualité des Personnes, ensemble à ceux qui sont Bienfai∣teurs à l'Eglise.

Du Doyen.

20. Le Doyen se∣ra Ministre de la Pa∣role de Dieu, estant Maistre aux Arts, ou gradué au Droict Ci∣vil pour le moins; ayant les Dons pour exercer la dite Charge, de bonne vie & Conver∣sation,

& bien affecti∣onné & Zelé à la Re∣ligion & service de Dieu.

21. Le Doyen, aux Causes qui se traite∣ront en Court, deman∣dera l'Advis & Opi∣nion des Ministres qui pour lors seront pre∣sents.

22. Il aura la cog∣noissance de toutes cho∣ses qui concernent le Service de Dieu, Prê∣dication de la Parole, Administration des Sa∣cremens, Causes Ma∣trimoniales, examen & Censure de tous Papi∣stes, Récusans, Héréti∣ques, Idolatres, & Shis∣matiques, Parjures en Causes Ecclesiastiques, Blasphemateurs, ceux qui ont recours aux

Sorciers, Incestueux, Adultéres, Paillards, Tvrognes Ordinaires, & publics Profana∣teurs du Sabbat; com∣me aussy la Profanati∣on des Temples & Ci∣metieres, du Mespris & Offenses commises en Court, ou contre au∣cuns des Officiers d'i celle en exécution des Mandats de la Court, des Divorces, & Se∣paration à Thoro & Mensâ; avec pouvoir de les Censurer, & punir selon les Loix Ecclesiastiques, sans exclurre la Puissance du Magistrat Civil au regard de la Punition Corporelle pour les dits Crimes.

23. Le Doyen ac∣compagné de deux ou

trois Ministeres visitera une fois en deux Ans chaque Paroisse en sa personne, & donnera Or∣dre quil y ait Presche le jour de la Visitati∣on, ou par soy méme, ou par quelquun par luy appointé; & se fera la∣dite Visitation pour Ordonner que toutes Choses appartenantes à l'Eglise, au Service de Dieu, & Administra∣tion des Sacremens, soyent pourveûes par les Surveillans, & le Temple, Cimetiere, & Maison Presbyteriale soyent entretenues & reparées: Et aussy re∣cevra Information des dits▪ Surveillans (ou faute à iceux à faire leur devoir) du Mi∣nistre, de toutes Of∣fences & abus qui se∣ront à reformeren au∣cun,

soit Ministre, Of∣ficiers de l'Eglise, ou autres de la Paroisse; & recevra ledit Doy∣en pour la dite Visita∣tion 40 sols de la Rente du Thresor à cha∣que fois.

24. En cas de Va∣cance d'aucun Bénéfice, soit par mort, ou au∣trement, le Doyen donnera Ordre presen∣tement que les Fruits d'iceluy Bénéfice soint Sequestrés, & que du provenu d'iceux la Cure soit supplée; & aussy que la Veuve ou Heritiers du Deffunct re••oivent selon la Pro∣portion du temps de son Service, suivant à l'Ʋsage de l▪ Isle, saufce qui seroit necessaire à deduire pour les De∣lapidations, sily en a;

& donnera Terme con∣venable à la Veuve du Deffunct de se pour∣voir de Domicile; & baillera ce qui sera de residu au prochain In∣cumbant, auquel le Se∣questrataire en rendra compte

25. Sur la mésme occasion de Vacance d'a∣ucun Bénéfice, si dans six mois le Governeur ne presente aucun au Revérend Pére en Dieu l'Evesque de Winchestre, ou en cas de vacance de ce Siége, au Trés Revérend Pé∣re en Dieu l'Archeves∣que de Canterbury, pour estre admis & In∣stitué audit Bénéfice, alors le Doyen certi∣fiera du Temps de la Vacance aux dits Seig∣neurs Evesque ou Ar∣chevesque,

selon quil escherra, à ce qu'ils ordonnent pour la Col∣lation du Bénéfice: & lors qu' aucun leur sera Presenté, le Doyen donnera Attestation du Comport & Suffisance de la Partie, pour estre approuvé par iceux, devant que d'estre ad∣mis actuellement par le Doyen en Possession du dit Bénéfice.

26. Le Doyen au∣ra l'Insinuation & Ap∣probation des Testa∣mens; lesquels seront approuvés sou•• le sceau de l'Office, & Enregi∣strés; Aura aussy l'En∣registrement des In∣ventaires des Biens Meubles des Pupilles, desquels il gardera fidéle Registre, pour en donner Copie tou∣tes fois & quantes qu'il

en sera requis. Item, baillera Lettres d'Ad∣ministration des biens des Intestats, qui mourront sans hoirs de leur Chair, au prochain heritier.

27. Ceux qui seront saisis du Testament, soit Heritiers, Exé∣cuteurs, ou autres, se∣ront obligés de l'ex∣hiber & apporter au Doyen dans un Mois; faute dequoy seront convenus en Court par Mandat, en payant doubles Coustages pour la Compulsoire; & au∣ra le dit Doyen pour les dits Testamens, In∣ventaires, & Lettres d'Administration, tels Droicts qui sont Spé∣cifiés en la Table sur ce faite.

28. Toutes Léga∣tions Mobiliaires fai∣tes à l'Eglise, Mini∣stres, Escoles, ou Pau∣vres, seront de la Cog∣noissance du Doyen; Mais sur l'Opposition qui pourroit estre faite de la validité du Te∣stament, la Court Tem∣porelle en détermine∣ra entre les Parties.

29. Il appartient au Doyen de cognoi∣stre de toute Substra∣ction de Dixmes af∣fectées à l'Eglise, de quelque Espéce qu'elles soyent, qui ont esté pa∣yées au Ministres, & dont ils ont jouy & sont en possession de∣puis Quarante ans; & toute personne convain cûe de Substraction, fraude, ou Detention d'icelles Dixmes, sera

adjugé a Restitution, avec les frais & cou∣stages de la partie; & pour la Conserva∣tion de tous & chas∣cun les Droicts Béné∣ficiaux, Dixmes, Ren∣tes, Terres, & Pos∣sessions, il y aura un Ter∣rier fait par le Bailly & Jurétz, assistés du Doyen & Procureur du Roy.

30. Le Doyen au∣ra Liberté de faire choix d'un Deputé ou Commissaire, lequel pourra excercer & suppléer la Charge & Office du Doyen en∣tant que sa Commission le portera, & dont y aura Acte Authen∣tique aux Rolles de la Court.

Des Surveillans, autrement dits Gardiens de l'Eglise.

31. Chasque semaine aprés Pasques, le Mi∣nistre & les Paroissiens de chaque Eglise choisi∣ront deux Surveillans, gens discrets, & de bonne Conversation, & des plus capables, sca∣chans lire & escrire, s'il est possible. Que si les dits Paroissiens ne peuvent accorder en l'Election, le Ministre aura pouvoir d'en nommer un, & les Pa∣roissiens l'autre, par la Majeure Voix d'iceux; & seront puis aprés Assermentés à la pro∣chaine Court, & hien advertis de leur De∣voir.

32. Le Devoir d'i ceux sera de voir que les Temples & Cime∣tieres ne soint profanés par aucuns Exercices ou Actions profanes, comme aussy de ne per∣mettre l'Entrée du Temple à aucun Ex∣communié, duquel la Sentence à esté Publi∣ée en leur Paroisse: Et seront soigneux de Pre∣senter de temps en temps ceux qui neg∣ligent les Exercices Publics du Service Divin, & l'Ʋsage des saints Sacremens, & généralement tous De∣licts qui sont de Cog∣noissance Ecclesiastique; & bailleront les dites Presentations sous leur signes, & ne pourront estre contraints de Pre∣senter que deux fois par An.

33. Ils auront soin pareillement d'entre∣tenir le Temple en bon∣ne Reparation, & les Cimetieres en bonne Closture; & de voir que toutes choses ap∣partenantes à l'Eglise, à l'Administration de la parole & des Sa∣cremens, soyent pour∣veûes & entretenùes de temps en temps; comme sont la Bible de la meilleure Transla∣tion & en plus grosses Lettres, le livre des Communes Prieres tant pour le Ministre que pour le Clerc ou Cousteur de la Paroisse, un livre de Parche∣min pour Enregistrer les Baptesmes Mar∣riages & Enterremens, une Table convenable pour Administrer la Sainte Cene, avec un

Tapis pour mettre sus durant le Service divin, des Fonds pour le Ba∣ptesme, Coupes, & Vais∣seaux dédiézseulement a cet Ʋsage, Nappes, Serviettes, avec un Coffre pour retirer les dites Ʋtensiles, un Tronc pour les Aumos∣nes, un Tapis & Carreau pour la Chaire, & pour∣voyront aussy le Pain & le Vin de la Céne. Item, verront que les Bancs & Siéges soyent appropriés pour la Commodité du Mini∣stre & des Paroissiens, & ce par l'advis & conseil de leur Mini∣stre; & le tout des Rentes & Revenus du Thresor de l'Eglise.

34. Les dits Sur∣veillans seront obligés de garder un bon &

loyal Compte dans un Livre de leur Mises & Recéptes, & de l'emploite ••qu'ils fe∣ront des Deniers du Thresor; lequel sera banni de temps en temps selon la Cou∣stume, & ce entre les mains dés dits Sur∣veillans, & Procureurs de la Paroisse, lesquels employront le dit Thre∣sor pour les Choses ne∣cessaires & convena∣bles a l'Eglise, ou Bien Public; se Gouvernans par l'Advis du Mini∣stre & Principaux de la Paroisse en toutes choses Extraordinai∣res qui concernent la dite Paroisse; & en cas d'Affaires Publiques, l'Assemblée des Estats leur prescrira ce qui sera trouvé expédient pour l'Ʋtilité Publi∣que:

& devant qu'estre deschargés donneront Advertissement aux Paroissiens pour o••ir leur Comptes la Se∣maine de Pasques, les∣quelsseront Signés par le Ministre & Princi∣paux de la Paroisse: & si aucuns dés dits Pa∣roissiens, ou autres, re∣fusent de payer les Rentes qu'ils doivent audit Thresor, les dits Procureurs & Surveil∣lans, ou aucun d'iceux, les poursuivront par les voyes Ordinaires de Justice: Mais cas advenant de Contro∣verse aux dits Accomp∣tes, ou abus qui seroient à Reformer, le Doyen & Ministre de la Pa∣roisse où la dite Contro∣verse ou abus se trou∣vera, se joindront a∣vec

le Bailly & Juréts pour y donner Ordre convenable.

35. Lesdits Sur∣veillans durant le Ser∣vice Divin au jour de Dimanche visiteront les lieux suspects de Jeux & Dissolutions; & ayans le Connesta∣ble pour les assister, visiteront paréillement les Tavernes & Mai∣sons de Debauche.

36. Ils auront soin qu'il ny ait aucune Sub∣straction. & recelle∣ment des choses ap∣partenantes à l'Eglise; comme aussy ils se pour∣ront saisir, & poursui∣vre tous dons & Le∣gats Mobilaires faits à l'Eglise & aux Pau∣vres, selon les loix du Pais.

37. Il y aura deux Collecteurs des Aus∣mosnes des Pauvres en chasque Paroisse, qui feront Office d'Assi∣stans, & seront esleus comme les Surveillans; & auront serment en Court pour sebien com∣porter en leur Charge: & rendront compte de leur Administration deux fois l'An par de∣vant le Ministre & Paroissiens, s••avoir est à Pasques & à la St. Michel.

Des Clercs, ou Cousteurs.

38. Les Clercs ou Cousteurs des Parois∣ses seront choisis par le Ministre & Principaux de la Paroisse, de l'age de XX ans pour le moins, de bonne vie &

Conversation, scachans lire posément, distin∣ctement, & intelligible∣ment, & escrire, & qui entendent aucune∣ment le Chant des Pseaumes, s'il est possi∣ble.

39. Leur Charge est d'appeller le Peu∣ple par le son de la Cloche au Service Di∣vin, & où ye de la Pa∣role de Dieu, à heure propre & convenable suivant l'ordinaire; tenir le Temple fermé & net, comme aussy les Bancs & la Chaire; conserver les Livres & autres choses ap∣partenantes à l'Eglise dont ils auront la Charge; pourvoir l'Eau pour le Baptesme, faire les Criées & Denon∣ciations qui leur seront

enjointes par la Court, ou par le Ministre; & auront leur Gages & Salaires par la Con∣tribution des Paroissi∣ens, soit en bled, fro∣ment, ou Argent, selon l'Ʋsage du Pais.

Des Maistres d'Eschole.

40. Il y aura un Maistre d'Eschole en chasque Paroisse, choisi par le Ministre, Sur∣veillans, & Principaux d'icelle, & par aprés presenté au Doyen pour estre Authorizé en cette Charge; & ne sera loisible à aucun de l'Exercer sans y estre ainsy apellé: & les Ministres auront soin de les visiter, & exhorter à faire leur Devoir.

41. Ils useront de toute laborieuse dili∣gence à Instruire les Enfans à lire, escrire, Prier Dieu, respondre au Catéchisme, les dui∣ront aux bonnes Mo∣eurs, les conduiront au Presche, & Prieres Publiques, les y fai∣sant comporter comme il appartient.

De la Court.

42. La Court se ti∣endra une fois la Se∣maine au Lundy, & observera les mesmes Termes de Vacations que la Court Civile.

43. A chasque sé∣ance, au Commencement d'icelle, les Noms des Assesseurs seront Inti∣tulés, le jour, & le mois, & les Sentences leües.

44. Aprés Jugement & Sentence donnée du Principal, les Cou∣stages des Parties, & Substraction de salaire aux Officiers de la Court, se poursuivront par les Consures Ec∣clesiastiques.

45. Il y aura deux Avocats de••ement as∣sermentés à la Court, a∣fin▪ que le Peuple puisse agir formellement & Juridiquement, sans Confusion ou Surprise. Et le Greffier aussy e∣stant assermenté en∣registrer•…•… sidélement la Sentence qui aura esté prononcée, & bail∣lera Copie des Actes à ceux qui le requer∣ront.

46. Le Procureur du Roy, & en son Ab∣sence

l'Avocat, pour∣ront assister de temps en temps a la Court, pour poursuivre la Censure & Punition de toutes Causes de Crime & Scandale.

47. Pour exécuter les Citations & Sé∣monces, le Doyen as∣sermentera les Cou∣steurs des Paroisses, & un Appariteur, lesquels donneront fidéle Re∣cord de leurs Exploits, en donnant Copie des Citations & Mandats Originels à ceux qui le requerront, & en ab∣sence de la Partie aux Domestiques; & les Causes de la Compa∣rence seront exprimées dedans lesdites Cita∣tions, & Mandats.

48. Si la Partie ne se trouve point, soit en se cachant, ou autre Collusion, la Citation sera affichée à l'huis du Temple Paroissial d'i∣celle, en cas qu'il n'ayt aucun Domicile, & ce en jour de Dimanche.

49. S'il parvient aux oreilles du Doyen par Relation de gens de bien, que quelqu' un vit notoirement ▪en quel∣que Scandale, il en pour∣ra avertir le Ministre & les Surveill••ns de la Paroisse, afin que s'en estant informés, ils Presentent telles per∣sonnes qui meritent d'estre punies ou Cen∣surées.

50. Là où il con∣stera de la faute com∣mise

par quelque Mi∣nistre, le Doyen, aprés Monition réitérée, pro∣cédera à la Reforma∣tion par l'avis & Consentement de deux Ministres, jusqu'a Sus∣pension & Sequestra∣tion; & en cas que le∣dit Ministre demeure Refractaire, le Doyen procédera, par le Con∣sentement de la plus part des Ministres presents en l'Isle, jus∣qu'a Déprivation.

51. On ne fera point de Commutation pour Pénitence sinon avec grande Circonspection, ayant égard à la qua∣lité des Personnes, & Circonstances des fau∣tes; Et sera la Com∣mutation enregistrée ès Actes de la Court, pour estre employée

aux Pauvres, & usa∣ges pi eux, & dont Ac∣comptes seront rendus selon ledit Registre.

52. Aprés la premi∣ere Defaute, la Non∣comparence de ceux qui seront derechef ci∣tés par Mandat sera reputée Contumace; & si estans cités par aprés en Pé∣remptoire ils ne com∣paroissent, on pourra procéder à l'encontre d'eux à l'Excom∣munication. Que si dans le prochain jour de Court la Partie ne fait devoir d'obtenir Absolution, on procé∣dera à la Publication de la Sentence, & Mi∣neure Excommunica∣tion, laquelle sera de∣livrée au Ministre de la Paroisse pour en faire lecture à jour

Solennel, & à l'o••ye de la plus part des Paroissiens assemblés; & lapartie persistant en son Endurcissement, on procédera à la Majeure Excommunication, qui forclost le Pécheur à Sacris & Societate Fi∣delium. Que si cette Censure ne sert pour l'induire à Obéissance, & se ranger dans le Terme de 40 jours, alors le Doyen parson Certificat authentique donnera Avertissement au Bailly & Jurétz de ladite Contumace, & les requerra en Assi∣stance de sa Jurisdi∣ction de le faire saisir par les Officiers Civils, pour le rendre Prison∣nier en Détention Corporelle, jusqu'a ce quil se soit submis, & obligé d'obtemperer à l'Ordonnance de l'E∣glise;

& devant qu'estre Absous, sera tenu de payer les frais & Cou∣stages de la poursuite de la Cause.

53. En Causes de Paillardise, sur la Pre∣sentation des Surveil∣lans, avec les Proba∣bilités, commun Bruit, Scandale, & Presum∣ptions à ce requises, la partie sera sujette de subir le Serment de sa Purgation, ou autre∣ment sera tenu pour Convaincu.

54. En cas d'A∣dultére à l'Instance de Partie, on y procédera meurement par bonnes preuves & Informations, pour avoir Evidence du faict objecte; & le su∣jet & Preuve du fait le requerant, on pour∣ra conclurre jusqu'a Sé∣paration

à Thoro & Mensâ.

55. Là où il y aura Calomnie ou Diffa∣mation prouvée, on fe∣ra Recognoissance des Injures selon l'Exi∣gence du cas; pourveu que l'Action ne soit prescrite par lapse de temps, d'un an entier; & pourveu que le su∣jet de l'Action soit de Crimes Ecclesiastiques cy devant Specifiés.

Des Appellations.

56. Les Appeaux en Causes Ecclesiasti∣ques seront oûis & dé∣finis par le Révérend Pére en Dieu l'Eves∣que de Winchestre▪ en personne; & en cas de

Vacance de ce Siége, par le Trés Révérend Pére en Dieu l'Arch∣vesque de Canterbury en personne.

57. Tout Appels in∣terjettera dans Quin∣ze jours aprés Cog∣noissance de la Sen∣tence, & sera la partie obligée de prendre & exhiber tout le Procés, & Actes du Registre, ou Rolles de la Court; & lesquels Actes aussy luy seront delivrés en forme & temps conve∣nable, authentiqués sous le sceau de l'Office; & sera l'Appellant sujet de le poursui∣vre dans an & jour, aut Sententiae latae stare compellitur.

58. Il ne sera li∣cite d'Appeller qu'a∣prés

Sentence Défini∣tive de la Cause, sinon pour ces deux égards; ou quand l'Interlocu∣toire est telle qu'elle met fin à la Cause; ou quand ladite Inter∣locutoire estant obéie elle apporte tel Dama∣ge irreparable à la partie qu'il ne peut e∣stre amendé par Appel de la Définitive.

Of the King's Supremacy.

FIrst, according to the Duty we owe to the King's most Excellent Ma∣jesty, it is ordained that the Dean and Ministers, having Cure of Souls, shall be o∣bliged to the utmost of their Power, Know∣ledge, and Learning, purely and sincerely, without any Back∣wardness or Dissimu∣lation, to teach, pub∣lish, and declare, as often as they may, and as occasion shall offer it self, that all for∣reign, strange and u∣surped Power, for as much as it has no ground in the Word of God, is wholly for good and just Causes taken away, and abo∣lished; and that there∣fore no manner of O∣bedience

or Subjecti∣on within His Maje∣sty's Kingdoms and Dominions is due un∣to any such Power: But that the King's Power within his Kingdoms of Eng∣land, Scotland, and Ireland, and other his Dominions and Countries, is the high∣est Power under God, to which all Persons, Natives and Inha∣bitants within the same, do by God's Law owe Loyalty and Obedience, before and above all other Power.

2. Whosoever shall affirm and maintain that the King's Ma∣jesty

hath not the same Authority in Causes Ecclesiastical which Godly Kings had among the Jews, and Christian Empe∣rors in the Primitive Church; or shall in any manner of way impeach or obstruct the King's Suprema∣cy in the said Causes; Moreover, whosoever shall affirm that the Church of England, as it is established under the King's Ma∣jesty, is not a true and Apostolical Church, purely teaching the Doctrine of the Pro∣phets and Apostles; or shall impugne the Government of the said Church by Arch∣bishops, Bishops, and Deans, affirming it to be Anti-christian; shall be ipso facto Ex∣communicated, and not restored but by the Dean sitting in Court, after his Re∣pentance,

and publick Recantation of his Error.

Of Divine Service.

3. It is injoyned un∣to all sorts of Per∣sons to submit to the Divine Service contained in the Book of Common - Prayers of the Church of England: And for as much as concerns the Ministers, they shall be obliged to observe with Unifor∣mity the said Liturgy, without Addition, or Alteration; And no Conventicle or Con∣gregation shall be suf∣fered to make Sect apart, or withdraw themselves from the Ecclesiastical Govern∣ment

established in the Island.

4. The Lord's Day shall be sanctified by the Exercises of pub∣lick Prayer, and hear∣ing of God's word; whereat every one shall be bound to as∣sist at a convenient hour, and to observe the Order and De∣cency in that Case requisite; being atten∣tive at the reading and preaching of the Word, kneeling on their Knees during the Prayers, and stan∣ding up at the Con∣fession of Faith, and shall also testifie their Consent and Partici∣pation in saying A∣men. And in pursu∣ance thereunto, du∣ring any part of Di∣vine Service, the Church - Wardens shall not suffer any interruption or hin∣derance to be made

by the Insolence or Talk of any per∣son either in Church or Church-yard.

5. There shall be Publick Exercise in every Parish on Wednesday and Fri∣day Mornings, by rea∣ding the Common Prayer.

6. When any ur∣gent Occasion shall re∣quire an Extraordina∣ry Fast to be celebra∣ted, the Dean with the advice of the Mi∣nisters shall give no∣tice thereof to the Governor and to the Civil Magistrate, to the end that by their Consent and Autho∣rity, it may be gene∣rally observed, for the appeasing of the wrath and indigna∣tion of God, by a true and serious Re∣pentance.

Of Baptism.

7. Baptism shall be administred in the Church with fair and common water, ac∣cording to the Insti∣tution of Jesus Christ, and without Limita∣tion 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 participate to the Holy Com∣munion; Women a∣lone (viz. without the Presence of a Man to be Godfather) shall not be admitted to be Godmothers.

Of the Lord's Supper.

8. The Lord's Sup∣per shall be admini∣stred in every Church four times a Year, whereof one shall be at Easter, and the o∣ther at Christmas; And every Minister in the Administration of the said Supper, shall first receive the Sacrament himself, and after distribute the Bread and Wine to each of the Commu∣nicants, using the Words of the Insti∣tution.

9. All Fathers and Masters of Families shall be exhorted and injoyned to cause their Children and Dome∣sticks to be instructed in the Knowledge of their Salvation, and to this End shall take

care to send them to the Ordinary Cate∣chizing.

Of Marriage.

10. None shall Mar∣ry contrary to the De∣grees prohibited by the Word of God; as they are expressed in the Table made by the Church of England, on pain of Nullity and Censure.

11. The Banes shall be asked three Sun∣days successively in the Parish Churches of both Parties, and the Party of the Parish where the Marriage shall not be celebra∣ted shall be obliged to bring Certificate of the Publication of his Banes in his own Pa∣rish. Nevertheless in lawful Cases there

may be Licence and Dispensation of the said Banes given by the Authority of the Dean, who shall take good Security of the Liberty of the Par∣ties.

12. There shall be no Separation à Tho∣ro & Mensâ but in Case of Adultery, Cruelty, and Danger of Life, duly proved, and this at the In∣stance of the Parties: And as for the Main∣tenance of the Wo∣man during the Sepa∣ration, she shall have recourse to the Secu∣lar Power.

Of Ministers.

13. None that is not fit to, Teach, nor able to Preach the Word of God, shall be admitted to any

Benefice within the Isle; or that has not received Imposition of Hands, and been Or∣dained after the Form used in the Church of England.

14. None, either Dean or Minister, shall hold two Benefices to∣gether, unless in time of Vacancy; And the Originaries, or Natives of the Isle, shall be preferred before o∣thers to the Ministe∣ry.

15. The Ministers every Sunday after the Publick Morning Prayers shall expound some Place of Holy Scripture, and in the Afternoon shall han∣dle some of the Points of the Christian Re∣ligion contained in the Catechism of the Book of Common-Prayers.

16. In their Pray∣ers they shall observe the Titles due to the King, acknowledging him Supreme Gover∣nor under Christ in all Causes and over all Persons, as well Ecclesiastical as Civil, recommending [unto God] the Prosperity of his Royal Person, Estate, and Posterity.

17. Every one of the Ministers shall be careful to shew that Decency and Gravity of Apparel which be∣comes his Profession, and may preserve the Respect due to his Person; And they shall be very circum∣spect in the whole Course of their Lives to keep themselves from such Company, Actions, and Haunts, as may bring any blame or blemish up∣on

them; nor shall they dishonour their Calling, by Games, Taverns, Usuries, Trades or Occupati∣ons not befitting their Function; but shall study to excell others in Purity of Life, Gravity, and Vertue.

18. They shall take care that a Register be kept of Christ∣nings, Marriages, and Burials; And shall be obliged to publish on the Day that shall be appointed them, the Ordinances of the Court, which shall be sent to them signed and sealed by the Dean, they being de∣livered to them fifteen Days before the Pub∣lication.

19. The Ministers shall have notice in convenient time to assist at such Burials as shall be in their Parishes, whereat they shall observe the Form prescribed in the Book of Common - Prayers; And none shall be interred within the Church without leave of the Minister, who shall have regard to the Quality of the Persons, and withall 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; ha∣ving Abilities to ex∣ercise the said Office, Of good Life and Conversation, zealous, and well affected to

Religion, and the Service of God.

21. The Dean, in Causes which shall be handled in Court, shall demand the Advice and Opinion of the Ministers who shall then be present.

22. He shall have the Cognizance of all Matters which con∣cern the Service of God, the Preaching of the Word, Admi∣nistration of the Sa∣craments, Matrimo∣nial Causes, the Ex∣amination and Cen∣sure of all Papists, Recusants, Hereticks, Idolaters, and Schis∣maticks, Persons per∣jured in Causes Ec∣clesiastical, Blasphe∣mers, such as have recourse to Wizzards,

Incestuous Persons, Adulterers, Fornica∣tors, common Drun∣kards, and publick Prophaners of the Lord's Day; as also of the Prophanation of Churches and Church-yards, Con∣tempt and Offences committed in Court, or against any Offi∣cers thereof in the Execution of the Mandats of the Court, Divorces, and Sepa∣ration à Thoro & Mensâ; with Power to censure and pu∣nish them according to the Ecclesiastical Laws, without Pre∣judice to the Power of the Civil Magi∣strate in regard of bo∣dily Punishment for the said Crimes.

23. The Dean ac∣companied by two or three Ministers shall

once in two Years Vi∣sit every Parish in person, and shall give order that there be a Sermon on the Visita∣tion-day, either by himself, or some o∣ther by him appoint∣ed; which Visitation shall be made for the ordering that all things appertaining to the Church, the Service of God, and the Administration of the Sacraments, be provided by the Church - Wardens, and that the Church, Church - Yard, and Parsonage-House, be maintained and re∣paired: And likewise shall receive informa∣tion from the said Church - Wardens, or (if they should fail in doing their Duty) from the Mi∣nister, of all Offences and Abuses which need to be reformed, whether in the Mini∣ster,

Officers of the Church, or others of the Parish; And the said Dean for the said Visitation shall each time receive 40 Sols out of the Treasury of the Church.

24. In case of Va∣cancy of any Benefice, either by Death, or otherwise, the Dean shall give present Or∣der that the Profits of the said Benefice be sequestred, and that out of the Revenue there∣of the Cure be sup∣plied; and also that the Widow or Heirs of the Deceased be satisfied in proportion to the Time of his Service, according to the Custom of the Isle, with such neces∣sary Deductions as must be made for Di∣lapidations, if there be any; and shall give convenient Time to the Widow of the De∣ceased

to provide her self of a Dwelling; and shall dispose of the Residue to the next Incumbent, to whom the Sequestrator shall be accountable.

25: In the same Case of Vacancy of a∣ny Benefice, if within six Months the Go∣vernor does not Pre∣sent some person to the Right Reverend Fa∣ther in God the Bi∣shop of Winchester, or in the Vacancy of that See, to the most Re∣verend Father in God the Archbishop of Canterbury, to be ad∣mitted and instituted to the said Benefice, then the Dean shall give notice of the Time of the Vacancy to the said Lords Bi∣shop or Archbishop, as

it shall happen, to the end they may give Order for collating to the Benefice: And when any shall be Pre∣sented to them, the Dean shall give Certi∣ficate of the behaviour and Sufficiency of the Party, to be appro∣ved by them, before he be actually admit∣ted by the Dean into Possession of the said Benefice.

26. The Dean shall have the Entry and Probate of Wills; which shall be appro∣ved under the Seal of his Office, and Regi∣stred; He shall have also the Registring of the Inventories of Goods Mobiliary be∣longing to Orphans, whereof he shall keep a faithful Register, that he may give Co∣pies of them when∣ever he shall be requi∣red. 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 Cu∣stody, whether they be Heirs, Executors, or others, shall be o∣bliged to exhibit and bring the same to the Dean within one Month; in default whereof they shall be convened into Court by Mandate, paying double Charges for the Compulsory; and the said Dean shall have for the said Wills, Inventories, and Letters of Ad∣ministration, such Fees as are specified in the Table made for that purpose.

28. All Legacies Mobiliary made to the Church, Mini∣sters, Schools, or Poor, shall be of the Cog∣nizance of the Dean; But upon any Oppo∣sition made concern∣ing the Validity of the Will, the Civil Court shall determine it betwixt the Par∣ties.

29. It appartains 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 possessed of forty Years; and eve∣ry Person convict∣ed of Substraction, Fraud, or Detention of the said Tythes, shall be adjudged to

make Restitution, and pay the Cost and Charges of the Par∣ty; And for the pre∣servation of all and singular the Rights, Tythes, Rents, Lands and Possessions Bene∣ficiary, there shall be a Terrice made by the Bailly and Jurats, assi∣sted by the Dean and King's Procurator.

30. The Dean shall have Power to make choice of a Deputy or Commmissary, who shall execute and sup∣ply the Place and Of∣fice of the Dean so far as his Commissi∣on shall extend, of which there shall be an Authentick Act in the Rolls of the Court.

Of the Church-Wardens.

31. Every Week next after Easter, the Minister and People of each Parish shall choose two Church-Wardens, discreet Men, of good Con∣versation and Capaci∣ty, able to read and write, if possible. But if they cannot agree in the Election, the Minister shall have Power to name one, and the Parishioners another, by the Ma∣jority of Voices; which two shall be after sworn in the next Court, and there well admonished of their Duty.

32. Their Duty shall be to see that the Churches and Church-yards be not abused by any pro∣phane Exercises or Actions, as also not to suffer any Excom∣municated Person to come into the Church, after the Sentence has been published in their Pa∣rish: And they shall be careful to Present from time to time those that neglect the publick Exercises of Divine Service, and the Use of the Holy Sacraments, and ge∣nerally all Delinquen∣cies that are of Eccle∣siastical Cognizance; Which Presentations they shall exhibit un∣der their Hands, nor shall they be constrai∣ned to Present above twice a Year.

33. They shall have care moreover to keep the Church in good Repair, and the Church-Yards well fenced; and to see that all things ap∣partaining to the Church, the Admi∣nistration of the Word and Sacraments, be provided and main∣tained from time to time; such are, a Bi∣ble of the best Tran∣slation and largest Character, the Book of Common-prayer both for the Minister and Clerk or Sexton of the Parish, a Book of Parchment to Regi∣ster the Christnings Marriages and Buri∣als, a decent Table to administer the Ho∣ly Supper, with a Carpet to cover it during Divine Ser∣vice, Fonts for Bap∣tism, Cups and Vessels serving only to that

Use, Table - cloths, Napkins, with a Cof∣fer wherein to keep the said Utensils, a Trunk or Box for Alms, a Cloth and Cushion for the Pul∣pit, and shall also provide the Bread and Wine for the Sacra∣ment. Moreover, They shall see that the Pews and Seats be well fitted for the Conveniency of the Minister and Parishioners, and that with the Advice and Council of their Mi∣nister; All this, out of the Rents and Re∣venues of the Treasu∣ry of the Church.

34. The said Church-Wardens shall be obli∣ged to keep in a Book, a good and faithful

Account of their Dis∣bursements and Re∣ceipts, and of the Use they shall make of the Moneys of the Treasury; which shall be published (in Or∣der to be let out to Farm) from time to time according to Custom, and that in the Name of the said Church-Wardens, and Procurators of the Parish; who shall em∣ploy the said Treasu∣ry in things necessary and convenient for the Church, or the pub∣lick Occasions; Go∣verning themselves by the Advice of the Mi∣nister and Chief of the Parish in all things Extraordinary which concern the said Pa∣rish; And in case of publick Business, the Assembly of the States shall prescribe to them what shall be found expedient for the common Good: And

before they quit their Charge, they shall give notice to the Pa∣rishioners that they may Audit their Ac∣counts in Easter-Week, which Ac∣counts shall be signed by the Minister and Chief of the Parish: And if any of the said Parishioners, or o∣thers, refuse to pay the Rents they owe to the said Treasury, the said Procurators and Church-Wardens, or any of them, shall prosecute them by the ordinary Ways of Ju∣stice: But in case of any Controversie a∣bout the said Ac∣counts, or of any A∣buse to be reformed, The Dean and Mini∣ster of the Parish where the said Con∣troversie or Abuse shall be, shall, toge∣ther with the Bailly and Jurats, deter∣mine

it as shall be found convenient.

35. The said Church-Wardens during Di∣vine Service on the Sunday shall search Places suspected of Gaming, idle and ri∣otous Practices; and having the Constable to assist them, shall al∣so search Taverns, and scandalous Houses.

36. They shall be careful that there be no with-holding or concealing of things appertaining to the Church; They may also seize into their Hands, or prosecute the Delivery of all Donations and Lega∣cies Mobiliary made to the Church and Poor, according to the Laws of the Country.

37. There shall be Two Collectors of the Alms for the Poor in each Parish, who shall also discharge the Place of Sidesmen, and shall be chosen as the Church-Wardens; and shall be sworn in Court to behave themselves well in their Office: And shall give an Ac∣count of their Ad∣ministration twice a Year, before the Mi∣nister and Parishio∣ners, Viz. at Easter, and at Miohaelmas.

Of the Clerks, or Sextons.

38. The Clerks or Sextons of the Pari∣shes shall be chosen by the Minister and Chief of the Parish, and shall be of the Age of XX Years at the least, of good Life

and Conversation, a∣ble to read fairly, di∣stinctly, and intelli∣gibly, and to write also, and sitted some∣what for the singing of the Psalms, if it may be.

39. Their Charge is, by ringing of the Bell, to call the People to Divine Service, and hearing of the Word of God, at a proper and convenient Hour, according to Custom; To keep the Church shut, and clean, as al∣so the Pews and Pul∣pit; To preserve the Books, and other things belonging to the Church, whereof they shall have the Custody; To provide Water for Baptism, and to make such Proclamations and Denunciations as shall be injoyned them by

the Court, or by the Minister; and shall receive their Wages and Salaries by the Contribution of the Parishioners, whether in Corn or Mony, ac∣cording to the Cu∣stom of the Country.

Of School-masters.

40. There shall be a School-master in eve∣ry Parish, chosen by the Minister, Church-Wardens, and prin∣cipal Persons thereof, and after presented to the Dean to be li∣censed thereunto; And it shall not be lawful for any to exercise this Charge, not being in this manner called unto it: The Mini∣sters shall take care to visit them, and ex∣hort them to do their Duty.

41. They shall use all laborious Dili∣gence to teach the Children to read, and write, say their Pray∣ers, answer to the Ca∣techism, they shall form them to good Manners, shall bring them to Sermon, and Common - Prayers, seeing them behave themselves there as becometh.

Of the Court.

42. The Court shall be kept once a Week, on the Monday, and shall observe the same Terms and Vacations as the Court Civil.

43. At every Ses∣sion, in the beginning thereof, the Names of the Assessors shall be enrolled, the Day, and the Month, and the Sentences peru∣sed.

44. After Judge∣ment and Sentence given in the principal Matter, the Costs of the Parties, and the Fees of the Officers of the Court, shall be awarded by the Ec∣clesiastical Censures.

45. There shall be two Advocates (or Proctors) duly sworn to the Court, to the end the People may proceed formally and juridically, without Confusion or Sur∣prize. And the Gref∣fier (or Register) be∣ing also sworn shall faithfully record the Sentence which shall be pronounced, and shall give Copy of the Acts to such as shall require it.

46. The King's Pro∣curator, and in his Absence the Advo∣cate,

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 Citati∣ons and Summons, the Dean shall swear the Clerks of the Parishes, and an Apparitor, who shall give a faithful Report of their Ex∣ploits, giving also Copies of the Ori∣ginal Citations and Mandats to such as shall require them, or in the Absence of them to their Dome∣sticks; And the Cau∣ses of the Appearance shall be expressed in the said Citations and Mandats.

48. If the Party will not be found, as either concealing himself, or using some other Collusion, the Citation shall be af∣fixed, in case he has no setled Habitation, on the Door of his Parish-Church, and that upon a Lord's Day.

49. If it comes to the notice of the Dean by the Report of ho∣nest Men, that any one liveth notoriously in some Scandal, he may advertise the Minister and Church-Wardens of the Pa∣rish, to the end that informing themselves thereof, they may Present such Persons as deserve to be pu∣nished or censured.

50. Upon good Proof of a Crime

committed by any Minister, the Dean, after repeated Admo∣nitions, shall proceed to the Reformation of him, by the Ad∣vice and Consent of two Ministers, even unto Suspension and Sequestration; And in case the said Minister continues refractary, the Dean, by the Con∣sent of the greater Part of the Ministers present in the Island, shall proceed even to Deprivation.

51. No Commuta∣tion shall be made for Penance but with great Circumspecti∣on, having regard to the Quality of the Persons, and Circum∣stances of the Crimes; And the Commutation shall be enrolled in the Acts of the Court, in order to be im∣ployed upon the Poor

and in Pious Uses, whereof account shall be given according to the said Register.

52. After the first Default, the Non-ap∣pearance of such as shall be cited again by Mandate shall be re∣puted Contumacy; And if being afterwards peremptorily cited they do not appear, they may be proceeded a∣gainst by Excommuni∣cation. If before the next Court-day the Party doesnot endea∣vour to obtain Abso∣lution, the Court shall proceed to the Publi∣cation of the Sen∣tence, and Minor Ex∣communication, which shall be delivered to the Minister of the Parish to be read up∣on some solemn Day, and in the hearing of the greater part of the Parishioners assem∣bled;

And the Party persisting in his Ob∣stinacy, the Court shall proceed to the Ma∣jor Excommunication, which excludes the Sinner à Sacris & Societate Fidelium. If this Censure cannot induce him to Obe∣dience and Submission within the Space of forty Days, then the Dean by his Authen∣tick Certificate shall give advice to the Bailly and Jurats of the said Contuma∣cy, and shall require them in Support of his Jurisdiction to cause him to be sei∣zed by the Civil Of∣ficers, and constituted Prisoner, under Bo∣dily Detention, till such time as he has submitted, and obli∣ged himself to obtem∣perate to the Ordi∣nance of the Church; And before he be absolved, he shall be

bound to pay the Costs and Charges of the Prosecution of the Suit.

53. In cases of In∣continency, upon Pre∣sentment of the Church - Wardens, together with Pro∣babilities, common Fame, Scandal, and Presumptions in this Case requisite, the Party shall be subject to undergo Purgation upon Oath, or other∣wise shall be held as if he were convicted.

54. In Cases of Adultery at the In∣stance of either of the Parties, the Procee∣dings shall go on ma∣turely, by good Proofs and Informations, in order to have Evi∣dence of the Fact ob∣jected; And the Sub∣ject, and Proof of the

Fact requiring it, the Court may proceed to Separation à Tho∣ro & Mensâ.

55. Upon Proof of Calumny or Defama∣tion, the Party guil∣ty shall make ac∣knowledgment of the injury according to the Exigency of the Case; provided the Suit be prosecuted before Lapse of Time, or that a Year be ex∣pired; and provided that the Matter of the Suit be of Crimes Ecclesiastical before specified.

Of Appeals.

56. Appeals in Cau∣ses Ecclesiastical shall be heard and deter∣mined by the Reve∣rend Father in God the Bishop of Win∣chester in Person; or in the Vacancy of that See, by the most Re∣verend

Father in God the Archbishop of Canterbury in Per∣son.

57. All Appeals shall be entered with∣in fifteen Days after notice of the Sen∣tence, 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, au∣thenticated under the Seal of the Office; And the Appellant shall be bound to prosecute his Appeal within a Year and a Day, aut Sententiae latae stare compellitur.

58. It shall not be lawful to appeal but after Sentence Defini∣tive

of the Cause, un∣less in these two Ca∣ses; either when the Interlocutory is such as puts an End to the Cause; or when the said Interlocutory be∣ing obeyed brings such irreparable Damage to the Party that he cannot be relieved by Appeal from the Sen∣tence Definitive.

* 10.1 Table des Droicts appartenants au Doyen & a ses Officiers pour toutes Causes Ecclesiastiques.

POur l'Approbation des Testaments où les Biens du Deffunct n'excéderont la Valeur de 50 l. Tournois, de claro, au Doyen o; au Greffier pour l'Escriture & Enregistrement 5 s. Pour l'Approbation des Testaments au dessus de la Valeur de 50 l. Tournois, au Doyen 20 s; au Greffier 10 s.

Pour Lettres d'Administration où les Biens du Deffunct n'excéderont la Valeur de 50 l. Tournois, de claro, au Doyen o; au Greffier pour l'Escriture de ladite Let∣tre, 5 s. Pour Lettres d'Administration au dessus de ladite Somme, au Doyen 30 s; au Greffier 10 s.

Pour Enregistrement des Inventoires des Biens des Pupilles là où ledit Inventoire ne se montera à 50 l. Tournois, au Doyen o; au Greffe pour ledit Enregistrement 3 s. Pour Enregistrement des dits Inventoires excédants la Somme de 50 l. Tournois, au Doyen 20 s; au Greffe 10 s.

Pour Copie authentique desdits Testa∣ments, Lettres d'Administration, ou In∣ventoires, au Doyen pour son Sceau 5 s. au Greffe 5 s. Pour le Compulsoire des Te∣staments, au Doyen & Appariteur 10 s.

Pour Dispense des Bans de Marriage, au Doyen 30 s.

Four la Sequestration des Fruicts d'aucun Bénéfice, au Doyen 60 s. Pour Induction des Ministres, au Doyen 30 s.

Pour les Mandats & Citations, au Doyen 2 s. au Greffe pour l Escriture d'yceux, 1 s. à l'Appariteur pour exécuter les Citati∣ons ou Mandats, 2 s. 6 d. au Cousteur

pour les Citations qu'il fera dans sa Pa∣roisse, 1 s.

Au Doyen pour l'Absolution de la Mi∣neure Excommunication, 10 s. au Greffe 2 s. a l'Appariteur 2 s. 6 d. Au Doyen pour l'Absolution de la grande Excommu∣nication, 20 s. au Greffier 5 s. a l'Appari∣teur 5 s.

Pour Causes entre Parties litigants, la Partie succombante payera les Salaires & Droicts des Officiers, & 3 s. par Acte a la Partie, & a chasque Tesmoin produit en Court 3 s.

Aux Avocats de la Court pour chasque Cause qu'ils plaideront, 5 s. Au Greffe pour chasque Acte de Court, 1 s. Pour chas∣que premiere deffaute en Court, 1 s. Pour la Contumace, 3 s.

Suivant ce que dessus, est Ordonné que le Doyen & ses Succes∣seurs, ou aucuns des Offi∣ciers qui sont à present, & seront par cy aprés, ne pourront directement ny indirectement lever, exiger, ou recevoir des

Habitants de ladite Isle autres Droicts & Salaires que ceux qui sont Specifiés en la Table cy dessus escrip∣te. Plus outre est Ordonné que ce qui a esté par cy devant ex∣ercé & mis en exé∣cution en ladite Isle, en quelques Causes que ce soit, par Vertu d'au∣cune Jurisdiction Ec∣clesiastique, demeurerà pour abrogé, pour ne pouvoir estre tiré en President par ledit Doyen ou aucuns de ses Successeurs à exer∣cer ou Executer en temps a venir, con∣tre ou outre la Te∣neur desdits Canons à present conceûs & & Ordonnés; Mais que le tout soit rapportê & limité au contenu desdits Canons &

Constitutions Eccle∣siastiques. Comme aussy ne sera donné aucun empeschement par le Magistrat Civil de la∣dite Isle audit Doyen & ses Successeurs, en l'Exécution paisible de ladite Jurisdiction, au contenu d'iceux Canons, comme n'e∣stans prêjudiciables aux Priviléges, Loix, & Coustumes de ladite Isle, auxquelles n'est entendu déroger.

Don∣né sous nostre Signet (comme devant est dit) à nostre Palais de Greenwich, le der∣nier jour de Juin, l'An de nostre Regne d'Angleterre, France, & Irelande le XXI^me. Et d'Escosse le LVI^me.

PUrsuant to what is above said, it is ordained that nei∣ther the Dean, nor his Successors, nor a∣ny of the Officers which are now, or shall hereafter be, shall either directly or in∣directly raise, exact, or receive from the

Inhabitants of the said Island, any other Fees or Salaries than those specified in the Table above-written. More∣over it is ordained that what has been heretofore done or put in Execution in the said Isle, in any Causes whatsoever, by virtue of any Eccle∣siastical Jurisdiction, shall remain abroga∣ted, and shall not be drawn into Precedent by the said Dean or any of his Successors, to exercise or execute the same in time to come, contrary or be∣yond the Tenor of the said Canons now con∣ceived and ordained; But that all be refer∣red to, and limited by the Contents of the said Canons and Constitutions Ecclesi∣astical. As also that there shall be no hin∣drance given by the Civil Magistrate in

the said Island to the said Dean and his Suc∣cessors, in the peace∣able Execution of the said Jurisdiction, ac∣cording to the Con∣tents of the said Ca∣nons, as not being prejudicial to the Priviledges, Laws, and Customs of the said Isle, to which 'tis not intended to Dero∣gate.

Given under Our Signet (as be∣fore is said) at Our Palace at Greenwich, the last Day of June, in the Year of Our Reign of England, France, and Ireland, the XXI^th. and of Scotland the LVI^th.

(Under Signed in the Original.) * 10.2 G. Cant. † 10.3 Jo. Lincoln, C. S. ‖ 10.4 La. Winton.

* 10.5These Islands were first in the Diocese of Dol in Bretagne, and so continued from the time of St. Sampson x 10.6, till the com∣ing of the Danes or Normans into Neu∣stria, who falling out with the Bretons a∣bout the limits of their Territories, and a War ensuing thereupon betwixt them, with∣drew these Islands from the Obedience of the British Bishop, and gave them a Bishop of their own, viz. that of Coûtance in Normandy, the lofty Towers of whose beau∣tiful Cathedral (once our Mother Church) are seen from JERSEY. To this Bishop these Islands remained subject even after the Defection of Normandy, notwithstanding the frequent Wars betwixt the two Crowns, untill the Tenth Year of Queen Elizabeth. King John indeed having lost Normandy had once in an angry Mood, designed to annex them to the See of Exeter in England y 10.7, but did not. It was the Change of Religion in these Islands that took away from the Popish Bishop of Coû∣tance his Jurisdiction over them: For then they were, by an Order of Council dated March 11th. 1568. transferred, and united to the Diocese of Winton.

Robertus Cenalis, Bishop of Avranches in Normandy, imposes upon himself and his Readers, when he says that these Islands were sometime under his Predecessors, Bi∣shops of Avranches. This certainly is a mi∣stake; and must proceed from some Papers, which belike he found in the Archives of that Church, mentioning some Parcels of Tythes paid here in time past to the Bishops of his See.

* 10.8The Bishops of Dol and Coûtance, for the Exercise of their Authority, had, in each Island of JERSEY and Guernezey, a Com∣missary or Surrogate, called Decanus, the Dean: An Office of great Antiquity, since I find it mentioned in very old Records z 10.9, and have reason to believe it as ancient as Episcopacy, and consequently as ancient as Christianity it self, in these Islands. To him those Bishops left the Cognizance of all Matters of Ecclesiastical Jurisdiction, re∣serving only to themselves Ordinations, In∣stitutions, and Appeals. The same Power is vested in the present Deans, with this limitation, that they are to govern them∣selves by the Advice and Opinions of the rest of the Ministers, who are to be their constant Assessors, much after the manner of those ancient Presbyteries, or Councils of Priests, who sate with the Bishops in their Consistories, and assisted them in gi∣ving 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 K. James I, a Motion was made to give the said Dean the Power of a Bishop Suffragan within the I∣sland: 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* 10.10 the want of Confirmation of Children after Baptism: That Apostolical Institution being thereby become altogether unpracticable a∣mongst Us. Nor have we any way to supply that Defect but by taking great care (as we generally do) to have Children brought to publick Catechism, where, in the presence of God's Church, they renew their Bap∣tismal Vow, and taking upon themselves the Obligations of Christianity, discharge their Sponsors of the Promise made for them at their Baptism. Upon which, and not be∣fore, we admit them to the Holy Com∣munion.

* 10.11The Patronage of all the Churches here, in time of Popery, belonged to several Great Abbots in Normandy, as to the Abbots of St. Sauveur le Vicomte, Cherbourg, St. Mi∣chael, Blanche Lande, &c. which Patronage, at the Reformation, was vested in the King, who has since made Cession of it to the Go∣vernor. It is he that presents now to all vacant Benefices in His Majesty's Right. But the Deanry continues of Royal Nomi∣nation, and is held by Patent under the Great Seal.

* 10.12These Great Norman Abbots had not on∣ly the Nomination, but the Tythes also, of all the Parishes in this Island: A small Pro∣portion, as the 3^d, 7^th, 8^th, 9^th, or 10^th Sheaf of the said Impropriated Tythes being reserved for those that ministred at the Al∣tar. These Impropriations, at the Disso∣lution of Monasteries in England, instead of returning to the Church, were annexed to the Crown, and are become part of the King's Revenue in the Island: Much the same Proportion as before being still allot∣ted to the Incumbents; together with the Novals or Desarts, which are the Tythes of Lands that remained wast and untill'd at the Suppression of those Houses, but have been since converted into Arable.

* 10.13The following Scheme drawn out of the Black-Book of Coûtance (like that in the Ex∣chequer) will shew what that Proportion was, and what the King enjoys now in right of the dispossessed Abbots.

Ʋniversis praesentes Literas inspe∣cturis, Officialis Constantiensis Salu∣tem. Notum facimus quod nos ad Re∣questam Religiosorum Virorum Abbatis & Conventûs Sancti Salvatoris Vice∣comitis, visitavimus, legimus, & in∣speximus, atque visitari, legi, & in∣spici fecimus, quendam Librum in Do∣mo seu Manerio Episcopali Constantiensi existentem, vulgariter Librum Nigrum nuncupatum, in quo vidimus & legimus nonnullas Clausulas, Ecclesias, & Bene∣ficia Insulae JERSEY, & de eis cum praefato Libro Nigro collationem feci∣mus diligenter. Quarum quidam Clau∣sularum Tenor sequitur de verbo ad ver∣bum, & est talis.

Ecclesia Sancti Breverlardi.

Patronus, Abbas S. Salvatoris Vice∣comitis, & percipit duas partes Gar∣barum, & Rector sextam. Abatissa de Cadomo duodecimam ‖ 11.1. Abbatissa Vil∣monasterii † 11.2 duodecimam. Rector item habet sex Virgas Eleemosynae. Et va∣let dicta Ecclesia Annis communibus XXX Lib. Turonens.

Ecclesia Sancti Petri.

Patronus, Abbas S. Salvatoris Vice∣com. Et percipit medietatem Garba∣rum. Abbatissa Cadomensis quartam Garbam; & Abbatissa Vilmonasterien∣sis aliam quartam (exceptâ † 11.3 carucatâ de ‖ 11.4 Nobretez) Rector percipit nova∣lia; & habet VIII Virgas Terrae Elee∣mosynae, & valet XXX Lib. Turon.

Ecclesia de Trinitate.

Patronus, Abbas Caesaris-Burgi. Ab∣bas S. Salvatoris percipit sextam Gar∣bam; Abbas Caesaris-Burgi tertiam, & liberam Decimam. Episcopus Aurita∣nus † 11.5 medietatem Garbarum. Rector percipit novalia, & habet VIII Virgas Eleemosynae; & valet communibus An∣nis XXX Lib. Turon.

Ecclesia Beatae Mariae.

Patronus, Abbas Caesariensis. Ab∣bas S. Salvatoris Vice-com. percipit sextam Garbam. Abbatissa Cadomen∣sis

& Monasterii † 11.6 Villers quartam partem Decimae Garbarum. Rector per∣cipit tertiam partem Garbarum; & ha∣bet XVI Virgas Eleemosynae, & valet XXX Lib. Turon.

Ecclesia Sancti Johannis.

Patronus, Abbas S. Salvatoris Vice∣com. & percipit totam Decimam, & Ecclesia ibidem Prioratus ejusdem Mo∣nasterii. Et sunt ibi duae Virgae Elee∣mosynae, & valet XXVIII Lib. Turon.

Ecclesia Sancti Audoeni.

Patronus, Abbas S. Michaelis in pe∣riculo Maris; & percipit ibi duas Gar∣bas, & IV Lib. Turon. Abbatissa Cadom. & Monasterii Villers duode∣cimam Garbam. Abbas S. Salvatoris Vice-com. sextam Garbam. Rector ha∣bet IV Virgas Eleemosynae, & valet XXX Lib. Turon.

Ecclesia Sancti Laurentii.

Patronus, Abbas de Blancâ Landâ;

& percipit tertiam partem Decimae. Abbas S. Salvatoris Vice-com. sex∣tam. Episcopus † 11.7 Aurensis medieta∣tem. Rector habet XVI Virgas Elee∣mosynae, & valet XXX Lib. Turon.

Ecclesia Sancti Salvatoris.

Patronus, Archidiaconus Vallis Vi∣ris † 11.8 in Ecclesiâ Constantiensi. Et est ibi Vicarius qui reddit Archidiacono annuatim XX Lib. Turon. Dominus Episcopus Constantiensis percipit me∣dietatem Decimae; Archidiaconus ter∣tiam; Abbas S. Salvatoris Vice-com. sextam. Et habet Vicarius XXIV Virg. Eleemosynae.

Ecclesia Sancti Clementis.

Patronus, Abbas S. Salvatoris Vice∣com. Rector percipit quartam & quin∣tam Garbam. Abbas S. Salvatoris Vi∣ce-com. Abbatissa Cadom. & Mona∣sterii Villers, residuum. Et ibi XXIV Virg. Eleemosynae, & valet XL Lib. Turon.

Ecclesia Sancti Martini Veteris.

Patronus, Abbas Caesariensis; & per∣cipit ibi C. solid. de Pensione. Rector percipit tertiam partem Decimae, & ha∣bet XXVI Virgas Eleemosynae. Abbas S. Salvatoris Vice-com. sextam Gar∣bam. Abbatissa Cadom. & Monaste∣rii Villers quartam partem; & valet LXX Lib. Turon.

Ecclesia de Grovillâ.

Patronus, Abbas de Exaquio† 11.9; percipit quartam Garbam. Abbas S. Sal∣vatoris Vice-com. sextam. Abbatissa Cadom. & Monasterii Villers, medie∣tatem. Rector percipit nonam Partem, & habet XII Virgas Eleemosynae. Et valet communibus Annis L. Lib. Turon.

† 11.10 [Ecclesia Sancti Helerii.

Patronus, Abbas S. Salvatoris Vice∣com. & percipit medietatem Decimae; ex quâ medietate percipit Rector quin∣tam Garbam. Abbatissa Cadom. &

Monasterii Villers, quartam partem. Re∣ctor habet . . . . Virgas Eleemosynae, & valet XL. Lib. Turon.]

Quod autem vidimus & legimus hoc Testamur. In cujus rei Testimonium si∣gillum magnum Curiae Episcopalis Con∣stantiensis praesentibus duximus appo∣nendum.

Datum Constantiae, A. D. 1461. 6^tâ Die Mensis Februarii.

* 11.11At present the best Revenue of the Clergy arises from the Improvement of Fruit-Trees and Cidar. But all Years are not equally productive, nor does Cidar bear always the same Price, which renders the said Revenue very uncertain. By a long and immemorial Prescription, the Clergy of this Island have injoyed an Ex∣emption from payment of First-fruits, and Annates, or Tenths, to the King. The im∣propriated Tythes of the Parish of St. Sa∣viour, by special Grant from the Crown, have been annexed to the Deanry.

* 11.12To each Church belongs a Fund, or An∣nual Revenue, of about 15 or 20 Quarters of Wheat-Rent, given in ancient Times by Pious and Charitable Persons, for the Support of those Fabricks, and other Sa∣cred and Religious Uses: But it is now more generally applied to the Publick Ne∣cessities of the Island.

* 11.13To supply the Church with able Men from among the Natives, there are two Publick-Free-Latin and Greek Schools, set up almost in the two Extremities of the Island, viz. St. Magloire (corruptly St. Manelier) and St. Anastase, or Athanase, each of them being designed for the Instruction of the Youth of six Parishes. * 11.14We have also three Fellowships, and five Exhibitions or Scho∣larships, in Oxford, belonging to JERSEY and Guernezey by Alternate Turns. The first Founded by K. Charles I. of Blessed Me∣mory, induced thereunto by Archbishop Laud, who intended by those Encourage∣ments to draw off our young Students from Foreign Universities, whither they general∣ly went before, and from whence they too often returned with Minds very much pre∣judiced against the Church of England: The last, the bountiful Gift of the Reverend Dr. Morley, our late honoured Diocesan.

CHAP. VI. Convention of the Estates.

THat common Observation, that in the Forms and Models of Government, a little City differeth not from a great onea 11.15, is verified by the Constitution and Practice of this Island, where in a very small State, one may see the Figure and Image of a great Empire. For here we have our Con∣ventus trium Ordinum, i. e. Our Conventi∣on, or Meeting, of the three Orders or E∣states of the Island, in imitation of those August Assemblies known by that, or some other Name, in great Kingdoms and Monarchies. In a word, this Convention is the shadow and resemblance of an English Parliament; being composed of the Jurats,* 11.16 or Court of Justice, as the First and noblest Body; the Dean and Clergy, as the Second; and the XII High-Constables, as the Repre∣sentatives of the Commons: The King's Procurator, the Viscount; and the King's Ad∣vocate, tho' they represent no Estate, being also admitted propter Dignitatem. * 11.17This Convention cannot be held but by Consent and Permission of the Governor, or of his

Deputy, who has a Negative Voice therein; as the Parliament cannot meet but at the Pleasure of the King, nor pass any thing into Law without his Royal Assent. The Bailly (or his Lieutenant) is the perpetual Prolocutor in these Meetings, as the Speaker is in Parliament; and every Member Pre∣sent has Voice Deliberative. No Estates can be held without Seven of each Body, at the least; nor can Foreigners preferred to Be∣nefices be Members of this Convention, un∣less naturalized; it not being thought safe to intrust Strangers with the Secrets of the Island, till they have given good Proof of their Affection to the Government they live under.

There has been some Dispute formerly about the Power claimed by the Governor in calling these Assemblies, and influencing their Debates by his Negative Voice. The re∣sult whereof was a Regulation of that Power by two Consecutive Orders of Council, in the Reign of K. James I, to this Effect:* 11.18

First Order, Anno 1618.

—There shall be no Assembly of the States without the Consent of the Go∣vernor, or, of his Lieutenant in his Absence. In which it is to be under∣stood that the Governor, or his Lieu∣tenant

in his Absence, have a Nega∣tive Voice; To the end it may be pro∣vided, that no Ordinance may be agreed upon prejudicial to his Majesty's Ser∣vice, or the Interests of the People.

Second Order, Anno 1619. Mo∣difying the former.

—For the better Explanation of the Article concerning the Assembly of the States, which was ordered not to be done without the Consent of the Gover∣nor, or of his Lieutenant in his Ab∣sence, it is now finally Ordered, for Causes made known unto Ʋs, and for the avoiding of all future Question, that the foresaid Article shall continue in Force: with this Qualification, That if the Bailly or Justices shall require an Assembly of the States, the Governor shall not defer it above fifteen days; Ex∣cept 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 Ʋs, or the Lords of Our Council; whereof he shall give as present Advice as possibly wind and wea∣ther may serve.

—And concerning the Governor's Negative Voice in the making of Or∣dinances, it is now also Ordered, that he shall not use his Negative Voice, but in such Points as shall concern Our special Interest; the rather in regard that such Acts as are made in their As∣sembly are but Provisional Ordinances, and have no Power or Property of Laws until they be confirmed by Ʋs.

* 13.1The great Business of these Meetings is the raising of Mony to supply publick Oc∣casions. For as in England Mony cannot he raised upon the Subject but by Autho∣rity of Parliament, so here, 'tis a received Maxim, that no Levies can be made upon the Inhabitants but by their own Consent, declared by their Representatives assembled in Common Council. Nor have the States a Power of themselves to Create new Sub∣sidies or Imposts; but only, upon extraor∣dinary Emergencies, when the common Safety and Defence of the Island requires it, or Application must be made to the King by Persons sent over at the publick Charge, to Levy what they judge suffici∣ent for those Uses, by fixed and equal Pro∣portions, according to the ancient Rate. In these Assemblies, Accounts of the pub∣lick Revenue and Expences are stated and

Audited: Differences arising about the Disposal and Administration of the Church-Treasuries, are examined and determined: Deputies are appointed to represent Our Grievances, and sollicite Our Affairs at Court: good and wholsom Ordinances a∣gainst Profaners of the Lord's day, Blas∣phermers of God's holy Name, common Swearers and Drunkards, and other rio∣tous and disorderly Persons, are made, and enacted under severe Penalties: And, in a word, all other Matters are transacted there∣in, as are thought to conduce most to preserve the Honour and Reverence that is due to God and to Holy Things; the Fidelity and Obedi∣ence we all owe to their Majesties, and those that Act in Subordination to their Autho∣rity; the Peace and Tranquility, the Well∣fare and Happiness, of the whole Island. And yet it must be confessed, that most of these things are of the Competence and Jurisdiction of the Court, but Our Magistrates think it Prudential to take the Advice and Coun∣cil of these Assemblies, considering wisely that their Concurrence must add a Force and Vigour to these, and the like Sancti∣ons.

* 13.2I must not forget to observe that the Constables, who make so considerable a Bo∣dy in these Assemblies, and are the true and proper Representatives of the People, are Officers of better Account with us than they are in England. They are generally Men

of the best Qualifications in the respective Parishes for which they serve; And the Of∣fice it self is so far above Contempt, that 'tis sought and Ambitioned by those whose Birth and Abilities add at the same time a Credit and a Reputation to it. The Office is Trien∣nial, tho' some continue in it much longer, and to those that discharge it with Honour, it is a step to the Magistracy.

The following Scheme, with the Ex∣planatory Table here underneath, will shew the manner of sitting in these Assemblies.

• A The Governor, or his Deputy.
• B The Bailly, or his Lieutenant.
• C C C C, &c. The XII Jurats.
• D D D D, &c. The Dean and Ministers.
• E Their Majesties Procurator.
• F Their Majesties Advocate.
• G The Viscount.
• H H H H, &c. The XII Constables.
• I The Gressier.
• K One of the Denunciators attending.
• L The Ʋsher of the Court.
• M The Table.
• N A large Silver gilt Mace carried before the Bailly and Jurats.
• O The Vestibulum.

[illustration]

The States of the Isle of JERSEY.

CHAP. VII. Priviledges.

* 13.3Few Places can boast of greater Privi∣ledges than this Island. The Reasons alledged in the Preambles of Our Char∣ters as the Motives inducing Our Kings to grant Us these Priviledges, are especial∣ly these Three 1. To reward Our Loy∣alty, and Fidelity, to the Crown of Eng∣land. We have merited these Priviledges by Our good Services. 2. To engage, Us to be Loyal and Faithfull still. We can have no Temptation, while we enjoy these Privi∣ledges, to change Our Masters. 3. To make Our Condition easie and comfortable, which, under the Circumstances and Dis∣advantages of Our Situation, would other∣wise be most intolerable. There would be no living in this Island (for English Sub∣jects) without great Freedoms and Immu∣nities: Which few would envy, if they knew at what price we purchase them.

Our want of Records beyond the Time of King John will not let Us know what were Our Priviledges under Our more an∣cient Dukes, and Kings, his Predecessors. From him therefore we must date the Aera of Our Liberties and Franchises; And for∣asmuch

as his Constitutions are the Ground and Foundation of all Our Subsequent Charters, I shall set them down here at large, as they are found among the Records* 13.4 of that King's Reign in the Tower of Lon∣don, under this Title,

Inquisitio facta de Servitiis, Consue∣tudinibus, & Libertatibus Insul. de GERESE * 13.5 & Guernese, & Legibus Constitutis in Insulis per Dominum Jo∣hannem Regem, per Sacramentum Ro∣berti Blondel, Radulphi Burnel, &c. qui dicunt, &c.

Then follows,

Constitutiones, & Provisiones, Con∣stitutae per Dominum Johannem Regem, postquam Normannia alie∣nata fuit.

Imprimis, Constituit Duodecim Co∣ronatores Juratos, ad Placita, & Ju∣ra ad Coronam spectantia, Custodienda.

II. Constituit etiam & concessit pro Securitate Insularium, quod Ballivus de coetero per Visum Dictorum Coronato∣rum poterit Placitare absque Brevi de nova Disseisinâ factâ infrà annum, de morte Antecessorum infrà annum, de Dote similiter infrà Annum, de Feodo

invadiato semper, de incumbreio Ma∣ritagii, &c.

III. Ii debent eligi de Indigenis Insularum, per Ministros Domini Regis, & Optimates Patriae, scilicet post Mor∣tem Ʋnius eorum, alter fide dignus, vel alio casu legitimo, debet substitui.

IV. Electi debent jurare sine condi∣tione ad manutenendum & salvandum Jura Domini Regis, & Patriotarum.

V. Ipsi Duodecim in quâlibet In∣sulâ, in Absentiâ Justiciariorum * 14.1, & unà cum Justiciariis cùm ad Partes il∣las venerint, debent Judicare de Om∣nibus Casibus in dictâ Insulâ qualiter∣cunque Emergentibus, exceptis Casi∣bus nimis Arduis, & siquis Legitimè convictus fuerit à Fidelitate Domini Regis tanquàm Proditor recessisse, vel manus injecisse violentas in Ministros Domini Regis modo ḍebito Ossicium ex∣ercendo.

VI. Ipsi Duodecim debent Emen∣das sive Amerciamenta omnium praemis∣sorum Taxare, praedictis tamen Arduis Casibus exceptis, aut aliis Casibus in quibus secundùm Consuetudinem. Insu∣larum merè spectat Redemptio pro

Voluntate Domini Regis & Curiae suae.

VII. Si Dominus Rex velit certiora∣ri de Recordo Placiti coràm Justiciariis & ipsis Duodecim agitati, Justiciarii cum ipsis Duodecim debent Recordum facere; & de Placitis agitatis coràm Ballivo & ipsis Juratis in dictis Insulis, ipsi debent Recordum facere conjunctim.

VIII. Item, Quod nullum Placitum infrà quamlibet dictarum Insularum co∣ram quibuscunque Justiciariis inceptum, debet extrà dictam Insulam adjornari, sed ibidem omnino terminari.

IX. Insuper constituit quod nullus de libero Tenemento suo, quod per Annum & diem pacificè Tenuerit, sine Brevi Domini Regis de Cancellariâ de Tenen∣te & Tenemento faciente mentionem, respondere debeat, neque Teneatur. [This was added to protect the Islanders a∣gainst the Oppressions and Vexations of the then Governors. This Article is now grown out of Use.]

X. Item, Quod nullus pro Feloniâ Damnatus extrà Insulas praedictas, hae∣reditates suas infrà Insulas forisfacere potest, quin haeredes sui eas habeant.

XI. Item, Si quis forisfecerit, & abjuraverit Insulam, & posteà Dominus Rex pacem suam ei concesserit, & in∣frà Annum & diem abjurationis rever∣tatur ad Insulam, de haereditate suâ ple∣nariè debet restitui.

XII. Item, Quod nullus debet impri∣sonari in Castro nisi in casu Criminali, vitam vel membrum tangente, & hoc per Judicium Duodecim Coronatorum Ju∣ratorum, sed in aliis liberis Prisonis ad hoc Deputatis.

XIII. Item, Quod Dominus Rex nul∣lum Praepositum ibidem prohibere de∣beat, nisi per Electionem Patriotarum. [This Article regards Guernezey only, where they have a Provost. In JERSEY we have a Viscount; but these two Officers are much the same.]

XIV. Item, Constitutum est quod In∣sulani non debeant coram Justiciariis ad Assisas capiendas assignatis, seu alia Pla∣cita tenenda, respondere, antequàm Tran∣scripta Commissionum eorundem sub Si∣gillis suis eis liberentur.

XV. Item, Quod Justiciarii per Com∣missionem Domini Regis ad Assisas capi∣endas ibidem assignati, non debent tene∣re Placita in quâlibet dictarum Insula∣rum

ultrà spatium trium Septimana∣rum.

XVI. Item, Quod ipsi Insulani coram dictis Justiciariis post Tempus praedi∣ctum venire non tenentur.

XVII. Item, Quod ipsi non tenentur Domino Regi Homagium facere, donec ipse Dominus Rex ad partes illas, seu infrà Ducatum Normanniae venerit, aut aliquem alium per Literas suas assignare voluerit in iisdem partibus, ad praedi∣ctum Homagium, nomine suo, ibidem re∣cipiendum.

XVIII. Item, Statutum est pro Tui∣tione & Salvatione Insularum & Castro∣rum, & maximè quia Insulae propè sunt, & juxtà Potestatem Regis Franciae, & aliorum inimicorum suorum, quod omnes Portus Insularum benè custodirentur; & Custodes Portuum Dominus Rex constitu∣ere praecipit, nè Damna sibi & suis eve∣niant.

There are some other Articles, which being also grown out of Use, I purposely omit.

These Constitutions of K. John were af∣terwards renewed by his Son Henry III, in a Letter to Philip de Aubigny, Lord (or

Governor) of these Islands, Anno Regni 33 ••. By these Constitutions We have a Jurisdiction established among our selves, and our Pro∣perties secured against vexatious Suits and Evocations into England.

* 14.2We have next the Charter of Ed∣ward III, which is only General, and Con∣firmative of former Grants.

* 14.3We have Two Charters of Richard II, The First General, and the same with that of Edward III, both contained in an Inspexi∣mus of Henry IV. The Second, more Parti∣cular, exempting Us for ever from all man∣ner of Taxes, Imposts, and Customs, in all Cities, Market-Towns, and Ports of England. Quodque ipsi (viz. Insulani) & Succes∣sores sui in perpetuùm, sint liberi & quieti in omnibus Civitatibus, Villis Mercatoriis, & Portubus infrà Regnum nostrum Angliae, de Omnimodis Theloni∣is, Exactionibus, Custumis, talitèr & eodem modo quo fideles Ligei nostri in nostro Regno praedicto extiterunt.

* 14.4The Charter of Edward IV extends this Priviledge to all Places within the King's Dominions beyond the Seas. Concessimus eidem Genti & Communitati, quod ipsi, Haeredes, & Successores sui, sint liberi & quieti in omnibus Civitatibus, Burgis, Villis Mercatoriis, & aliis Villis, Por∣tubus, & Locis infrà Regnum nostrum

Angliae, & infrà omnes Terras & Insu∣las nostras, citrà vel ultrà Mare sit as vel situatas, de omnibus Theloniis, Custu∣mis, Subsidiis, &c. There is also a Clause in this Charter that confirms all Our Anci∣ent Rights, Liberties, and Franchises infrà Insulam, i. e. within the Island; whereby is meant (among other Things) an Ex∣emption and Immunity from all Taxes and Subsidies within the same; which Exempti∣on is the Ancient Priviledge of this Island, and has been peaceably enjoyed by Us to this Day. Et etiam quod dicta Gens & Communitas ejusdem Insulae de JERE∣SEY, Haeredes, & Successores sui, ha∣beant & gaudeant omnia Jura, Liberta∣tes, & Franchisias sua, infrà eandem Insulam, &c.

* 14.5It were too long to mention the follow∣ing Charters and Grants of Henry VII, Henry VIII, Edward VI, Q. Mary, Q. Eli∣zabeth, and so down to our Time. In gene∣ral, by them all the foregoing Priviledges are ratified, explained, and enlarged with ample Additions; and We are made equal in point of Commerce, with the rest of Their Majesties English Subjects.

* 14.6I shall insist somewhat longer on a very singular Priviledge, belonging to Us in com∣mon with the other Islands of this Tract; which is, a Freedom and Liberty of Trade

in these Islands and the Seas adjacent, for Merchants of all Nations, in Time of War, as well as in Time of Peace.

I shall first set down this Priviledge in the Words of our Charters, and then shall pro∣ceed to shew what has been said of it by Writers, and what appears thereof upon Practice.

—† 14.7 Cùmque nonnulla alia Privile∣gia, Jurisdictiones, Immunitates, Liber∣tates, & Franchis••ae, per praedictos Progenitores & Precedessores nostros, quondam Reges Angliae, & Duces Nor∣manniae, ac alios, praefatae Insulae ‖ 14.8 in∣dulta, donata, concessa, & confirmata fu∣erunt, ac à tempore cujus contrarii Me∣moria hominum non existit, infrà Insu∣lam & Loca Maritima praenominata in∣violabiliter Ʋsitata & Observata fue∣runt, de quibus unum est, quod tempore Belli, omnium Nationum Mercatores, & alii, tàm alienigeni quam indigeni, tàm hostes quam amici, liberè, licitè, & im∣punè, queant, & possint, dictam Insulam & Loca Maritima cum Navibus, Mercibus, & Bonis suis, tàm pro evitandis Tem∣pestatibus, quàm pro aliis licitis suis Negotiis inibi peragendis, adire, acce∣dere,

commeare, & frequentare, & li∣bera Commercia, Negotiationes, ac rem Mercatoriam ibidem exercere, ac tutò & securè commorari, inde recommeare, ac redire toties quoties, absque damno, molestiâ, seu hostilitate quácunque, in re∣bus, mercibus, bonis, aut Corporibus suis; idque non solùm infrà Insulam, Loca ma∣ritima praedicta, ac praecinctum eorun∣dem, verùm etiam infrà Spatia undique ab eisdem distantia usque ad visum Ho∣minis, id est, quatenùs visus oculi pos∣set assequi; Nos eandem Immunitatem, Impunitatem, Libertatem, ac Privilegi∣um, ac caetera omnia praemissa, ultimò re∣citata, rata grataque habentes, ea pro Nobis, Haeredibus, & Successoribus no∣stris, quantum in nobis est, praefatis Bal∣livo, & Juratis, ac caeteris Incolis, Ha∣bitatoribus, Mercatoribus, & aliis, tàm Hostibus quàm Amicis, & eorum cuili∣bet, per Praesentes indulgemus, & elar∣gimur, Authoritate nostrâ Regiâ reno∣vamus, reiteramus, & Confirmamus, in tàm amplis modo & formâ prout praedi∣cti Incolae, & Habitatores Insulae prae∣dictae, ac praedicti Indigeni, & Alieni∣geni, Mercatores, & alii, per anteà usi

vel gavisi fuerunt, vel uti aut gaudere debuerunt: Ʋniversis igitur & singulis Magistratibus, Ministris, & subditis no∣stris, per Ʋniversum Regnum nostrum Angliae, ac caetera Dominia, & Locos Ditioni nostroe subjecta, ubilibet consti∣tutis, per Praesentes denunciamus, ac fir∣miter injungendo praecipimus, ne hanc nostram Donationem, Concessionem, & Con∣firmationem, seu aliquod in eisdem ex∣pressum aut contentum, temerariè infrin∣gere, seu quovis modo violare, praesumant. Et siquis ausu temerario contrà fècerit, seu attemptaverit, Volumus & decerni∣mus, quantùm in nobis est, quod restitu∣at non solùm ablata, aut erepta, sed quod etiam pro Dampno, Interesse, & expensis, ad plenariam recompensam & satisfactio∣nem compellatur, per quaecunque Juris nostri Remedia, severéque puniatur, ut Regiae nostrae Potestatis, ac Legum no∣strarum contemptor temerarius.—

This is such a Priviledge as can hardly be parallell'd in any Age.

Add now to this the concurring Testi∣mony of Writers, Strangers as well as English, who have treated of the Affairs of these Islands, and who all own and assert this Priviledge, in its full Extent and Lati∣tude.

The Book Intituled Les Us & Coutumes de la Mer (i. e. The Uses and Customs of the Sea) Published by Authority, and Prin∣ted at Roûen, An. 1671, speaking of Prizes made against Laws agreed on by the Con∣sent of Nations, and consequently to be ad∣judged Null, says b 14.9 that such are those that are made in Priviledged Places [en lieu d'A∣zyle, ou de Refuge] And such Places, he adds, are the Isles and Seas of GERSAY and Gre∣nezay on the Coast of Normandy, where the French and English, whatever War may be betwixt the two Crowns, are not to insult, or prey upon each other; so far as the said Islands can be discovered at Sea.

The Learned Mr. Cambden owns this Pri∣viledge, c 14.10 tho' by a mistake he applies it to Guernezey only. Veteris etenim Regum Angliae Privilegio (says he) Perpetuae hîc sunt quasi induciae, & Gallis aliis{que} quamvis Bellum exardescat, ultrò citró∣que huc sine periculo venire, & Commer∣cia securè exercere, licet.

That profound Antiquary, Mr. Selden, in his Mare Clausum, mentions this Priviledge twice d 14.11, and urges it as an Argument to prove his Hypothesis touching the King of

England's Dominion over the Narrow Seas: Neque enim facilè conjectandum est, un∣denam Originem habuerit Jus illud In∣duciarum singulare ac perpetuum, quo † 14.12 CAESAREAE, ‖ 14.13 Sarn••ae, caeterarum{que} Insularum Normannico Littori praeja∣centium Incolae, etiam in ipso Mari fru∣untur, flagrante utcúnque inter Circum∣vicinas Gentes Bello, nisi ab Angliae Regum Dominio hoc Marino derivetur.—This Learned Man had taken great pains to search and inspect Our Charters a∣mong the Records in the Tower, and re∣mained satisfied of the Validity of this Pri∣viledge.

Dr. Heylin speaks thus of ite 14.14, tho' by a Mistake common to him with Mr. Camb∣den, he thought this Priviledge belonged only to Guernezey. By an Ancient Privi∣ledge of the Kings of England, there is with them in a Manner a continual Truce; and lawfull it is both for French-men, and for others, how hot soever the War be followed in other Parts, to repair hither without Danger, and here to Trade in all Security. A Priviledge founded upon a Bull of Pope Sixtus IV, the 10^th. Year, as I remember, of his Popedom; Edward IV then Reigning

in England, and Lewis XI over the French. By virtue of which Bull, all those stand ipso facto excommunicate, which any way molest the Inhabitants of this Isle of Guernzey, or any which resort unto their Island, either by Pira∣cy, or any other Violence whatsoever. A Bull first published in the City of Con∣stance, unto whose Diocese these Islands once belonged, afterwards verified by the Parliament of Paris, and confirmed by Our Kings of England till this Day. The Copy of this Bull I my self have seen, and something also of the Practice of it on Record; by which it doth appear, that a Man of War of France having taken an English Ship, and therein some Pas∣sengers and Goods of Guernezey, made Prize and Prisoners of the English, but restored those of Guernezey to their Li∣berty, and to their Own.

The Bull of Sixtus IV is not the Ground and Foundation of this Priviledge, (as the Doctor misunderstandeth it.) But on the contrary the Priviledge was the Ground and Occasion of the Bull, as appears from the Bull it self. For K. Edward IV being in∣formed of a great many Infractions made to this Priviledge, by Pyrates and others prey∣ing

upon Merchants as they resorted to these Islands purely on the Account of Trade, caused his Ambassadors at Rome to move the Matter to the Pope, whose Censures were much regarded in those Days. And thus the Bull was procured, and is indeed a Terrible One. The King commanded it to be notified and published throughout his Dominions, strictly injoyning the Observa∣tion of it to all his Subjects. And by Or∣der of Lewis XI, and Charles VIII, Kings of France, it was verified by the Parliament of Paris, and proclaimed in a very solemn manner in all the Ports of Normandy, as it had been before in those of Bretagne, à son de Trompe, i. e. with Sound of Trumpet, by Francis II, the last Duke of that Coun∣try. We have it still extant in an Inspexi∣mus of K. Henry VIII, under the Great Seal of England, now in my Custody. 'Tis a Piece of a very extraordinary Nature, and that shews better than any thing I have seen the Style of the Court of Rome in those Days: But 'tis somewhat too long to be in∣serted here.

It remains now that we shew something of this Priviledge upon Practice.

Anno 1523. A Ship of Guernezey being taken by a Privateer of Morlaix, during the War betwixt Henry VIII of England, and Francis I of France, and carried into Mor∣laix, was, by Order of the Count de Laval

Governor of Bretagne, released upon Plea of this Priviledge † 14.15.

Anno 1524. A Prize made by one Pointy, and brought into JERSEY, because made within the Precincts of the Island, and therefore contrary to this Priviledge, was, in an Assembly of the States, the Governor and the King's Commissioners present, pro∣nounced Tortionary, and Illegal, and Pointy adjudged to make Restitution. * 14.16.

Anno . . . . . . Sir Edward Seymour, Vis∣count Beauchamp, afterwards Duke of So∣merset, and Lord Protector, being Gover∣nor of this Island, some English Privateers came into the Port of St. Aubin, and find∣ing there several French Merchant Men that were come hither under the Security of this Priviledge, would have made Prize of them▪ but they were opposed by the De∣puty Governor, who Protected the Mer∣chants, and raising the Militia forced the Privateers to depart out of the Island ‖ 14.17.

Anno 1614. In a Plea before the Parlia∣ment of Bretagne, in behalf of Three JER∣SEY-Merchants taken by the French, it was declared that these Islands had the Privi∣ledge de rester neutres pendant les Guerres d'entre les deux Royaumes * 14.18.

Anno 1628. A Bark laden with Goods from St. Malo, and directed to one Baille∣hache an Inhabitant of JERSEY, was in the Road set upon by one Barker, Captain of an English Privateer. The Court or∣dered

the Bark to be restored, pursuant to this Priviledge † 14.19.

Lastly, during the War of Rochel and the Isle of Rhee, the Hosiers of Paris and Roüen had free Access to these Islands, and carried away many Bales of Stockings, as those of Coutance have since done almost down to Our Time; Our Ports being open to all that came to Trade with Us in a peaceable Way.

Thus much of Our Priviledges. Of which I shall only add, that as they are derived to Us from the Grace and Bounty of Our Kings, and require all the Returns that we can make of an inviolable Fidelity to Their Crown and Government, so we hope, by Their Majesties Favour, and while we cannot be justly charged with any thing contrary to Their Majesties Service and Our Duty, (and these Priviledges seem not in∣consistent with the same) to be continued and maintained in the quiet Possession of them.

THE END.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉

Notes

• a 1.1

  Itinerari∣um Provinci∣arum omni∣um Antonini Augusti. Pa∣ris. 1512. pag. 89. De Mari Oceano Gallico & Britannico. In Mari Oceano quod Gallias & Britannias interluit; Insulae Orcades, Insula Glota,—Vecta, Riduna, Sarmia, (ceu Sarnia) CAESAREA, &c. (The three last are Alderney, Guer∣nesey, and JERSEY.)
• b 1.2

  Cambden de Insul. Bri∣tan. pag. 854.
• c 1.3

  Hist. de Bretagne Lib. I. Ch. XXVIII. p. 132. A cest Archevesque [viz. St. Sampson] Childebert donna quelques Isles & Terres en Nor∣mandie, de Rimoul, Augian, Sargian, & Vesargian, qui estoint Isles en la coste; Car je trouve tout cela aux Vielles Lettres. [These Isles of Ri∣moul, Augian, Sargian, and Vesargian, are the same that are now called Arme, JER∣SEY, Serk, and Guernezey.]
• d 1.4

  De Abbatiâ Fontanell. pag. 155. Ex Libro Miraculo∣rum S. Wandregisilli Abbatu Fontanellae.
• e 1.5

  Histor. Franc. Lib. 1. Cap. 18.
• f 1.6

  De Gestis Franc. Lib. 3. Cap. 26. pag. 99.
• g 1.7

  Annal. Lib. I. p. 52.
• h 1.8

  Hist. Franc. Lib. I. pag. 1. in Chilperic.
• i 1.9

  Iliad. Lib. II.
• k 1.10

  Robertus Coenalis de Re Gallic. Lib. II. Perioch 5. Ludovicus de AUGIA, & Johannes de AUGIA, Abbates Corne∣villae. Diaec. Rothomag. an. 1230. & 1472. Neustria Pia, pag. 877.
• l 1.11

  E vitâ MSS. S. Viven∣tii Episcopi, Tom. III. Hist. Gall. Scriptor. Coaetan. pag. 435. Anno DCCCLXVIII. post Ludovicum ac caeteros pr••po∣tentes R••ges, regnante Ca∣rolo Juniore, supra modum grassatae sunt undi{que} Infesta∣tiones Paganorum: deficienti∣bus tam Regum quàm caetero∣rum nostorum Principum ad re∣pugnandum viribus. Ergò vul∣gari Plebe passim gladio & fa∣me percunte, igne pariter con∣cremabantur hominum res & aedificia qu••que, praecipueque Sanctorum loca, & Ecclesiae U∣niversae; earum verò Ministri, id eft, Clerici & Monachi cru∣deliùs damnabantur; Altaria funditùs eversa dehonestaban∣tur, Sepulcra etiam Sanctorum abs{que} Reverentiâ violaban∣tur; Siquidem haec Clades sicu∣ti primitùs it à acerbiùs in IN∣SULIS seu Territoriis Occiden∣talibus acmari contiguis desae∣viit, &c.
• m 1.12

  Cambd. de Ins. Brit. p. 854. Sanctum Hilarium Pi∣ctaviensem Episcopum huc re∣legatum, & Sepulturae tradi∣tum, ferunt.
• n 1.13

  In S. Helerio, Cap. I. pag. 712. Vid. etiàm And••e•••• Saussayi. Episcop. Tull. Martyrolog. Gallic. 16 Julii.
• * 1.14

  Vid. Gulielm. Gemeticens. de Ducibus Nor∣man. Tho. de Wal∣singham Ypo∣digma Neu∣striae.
• o 1.15

  Abrégé de L'Histoire de Normandie par un auteur Anonyme à Rouen, 1665. Ch. III. p. 106. WILLIAM the CON∣QUEROR.
• p 1.16

  Qui rexit rigidos Nor∣mannos atqu•• Britannos, &c.
• * 1.17

  Duke RO∣BERT Son of the Conqueror.
• q 1.18

  Abrégè de L'Hist. de Nor∣mand. Ch. IV. p. 130.
• r 1.19

  Chronique de Normandie par Mesgissier. Ch. LII. p. 132.
• * 1.20

  HENRY I.
• s 1.21

  Cambd. de Ins. Brit. p. 855. Spectarunt olim hae Insulae ad Normanniam; sed cùm Henricus Primus, Rex An∣gliae, Robertum fratrem Anno Christi MCVIII. debellàsset, Nor∣manniam & has Insulas Angliae Regne adjunxit.
• * 1.22

  STEPHEN.
• * 1.23

  HENRY II.
• * 1.24

  RICHARD I.
• * 1.25

  King JOHN.
• t 1.26

  Rot. Placit. coràm Johan∣ne de Fressing∣field, &c. Ju∣sticiar. Itiner. in Insul. An∣no 2. E. 2. Guil∣lielmus De∣mareys qui se∣quiturpro domi∣no Rege allegat quod quidam Rex Franciae exhereditavit Dominum Jo∣hannem Re∣gem Angliae de ducatu Nor∣manniae, & tum: idem Rex Franciae per du••s vices ejecerat praedictum Dominum Johannem Regem, &c. de his Insulis, & illas occupaverat tanquàm annexas praedicto Ducatui. Et praedictus Dominus Johannes Rex vi armatâ per binas vices reconque∣stavit has Insulas super ipsum Regem Franciae, & à Secundo Con∣questo suo ipse & posteri sui Reges Angliae Insulas istas tenuerunt huc••s∣que, &c.
• u 1.27

  Rot. Edw. 2.
• w 1.28

  Constitutiones & Provisiones con∣stitutae per Dominum Johannem Regem postquam Normannia alie∣nata fuit, &c. in Turri Lond. Artic. XVIII. Statutum est pr•• Tui∣tione & Salvatione Insularum & Castrorum, & maximè quia Insulae pro∣p•• sunt, & juxta Potestatem Regis Franciae & aliorum inimicorum no∣strorum, quod omnes Portus Insularum benè custodiantur; & Custodes Por∣tuum Dominus Rex constituere praecipit, ne damna sibi & sui•• eveniant.
• * 1.29

  HENRY III.
• x 1.30

  Mandatum est Baronibus de Quinque Por∣tibus, quod si o∣pus habuerit (Ricardus Grey Custos Insularum) & illud eis scire fecerit, in ejus auxilium veni∣ant, ità quod Dominus Rex eos, &c. T. Re∣ge apud West. 16 die Maij An. Regni X.
• y 1.31

  Matt. Paris. Hist. Angl. in Hen. III. Pag. 286.
• * 1.32

  EDWARD I.
• z 1.33

  Claus. 23. E. 1. M. 6. Cedul. Brevia facta de Petiti∣onibus homi∣num GERES. & Gernes re∣tornatis de Consilio in Autumpno. Vn. Regni Re∣gis E. 23. Vid. Ryley's Placita Parliamenta∣ria in Ap∣pendice, pag. 467, &c.
• a 1.34

  Ibid. Edwardus, &c. dilecto & fideli suo, Henrico de Cobham Custodi Insular. de Gerneseye & GERESSEY, & ejus Locum Tenenti, Salutem. Quia accepimus quod Ecclesia S. Elirij in Insula de GERSEY vacat ad praesens per Mortem Nicholai de Ponte quondam Parsonae ejusdem Ecclesiae, & nos Ranulphum filium Petri Maret Cle∣ricum, quia gravia & diversa dampna sustinuit per Conflictum nuper habitum in praedictâ Insulâ inter Homines ejusdem Insula, & quosdam alienigenas inimicos nostros, gratiose prosequi volentes, vobis mandamus quod eidem Ranulpho Ecclesiam—prae aliis—praeferatis—T. Meipso a∣pud Westm. 29 die Augusti An. Regni nostri 23.
• * 1.35

  EDWARD II. EDW. III.
• b 1.36

  MSS.
• c 1.37

  Lib. VII. pag. 307.
• d 1.38

  Sir Rob. Cotton's A∣bridgment of the Records in the Tower of London, pag. 29.
• e 1.39

  Sir Robert Cotton ut sup. pag 90.
• f 1.40

  Hollings∣head ad An∣num 1372. pag. 407. Froissard. Tom. 1. Fu••∣illet 247. Histoire de Bertrand du Guesclin, Con∣nestable de France, par du Chastelet. L. 5. §. 12. pag 205.
• g 1.41

  Chronique de Flandres, anciennement composée par Autheur incertain; mise en Lumiere par De∣nis Sauvage de Fontenailles Historiographe du Roy Tres-Chrestien Hen∣ry II. a Lyon MDLXII. Ch. CIV. Pag. 217.
• h 1.42

  Histoire de Bertrand du Guesclin. L. 6. §. 6. pag. 242. Dargentré. Histoire de Bretagne L. 7. Chap. 263. pag. 597.
• i 1.43

  Tho. Wal∣singham, Hist. Angl. ad An. 1360. seu 34. Edw. III. pag. 176. Rex verò Angliae & Haeredes sui, omnes Insulas, patriis praedictis ad∣jacentes, tenebunt, unà cum INSULIS quas tenet in praesenti.
• * 1.44

  RICH. II.
• * 1.45

  HENRY IV.
• k 1.46

  Dargentré Hist. de Bre∣tagne L. X. Ch. CCCXLIV. Pag. 794.
• * 1.47

  HENRY V.
• l 1.48

  Camb. de Insul. Brit. p. 854. Ad Ori••n∣tale latus quà Constantiam Urbem ex adverso prospectat, praeruptae rupi Castrum affigitur Munitissimum, elato nomine Mont-Orgueil, quod Plurimum Henrico V. Instauratori debet.
• m 1.49

  Chronique MSS. de L'Isle de JERSEY. Ch. V. HENRY VI.
• * 1.50

  EDW. IV.
• * 1.51

  EDW. V. RICH. III. HENRY VII. HEN. VIII.
• * 1.52

  EDW. VI.
• n 1.53

  Hollings∣head ad An∣num 1549. pag. 1055. Histoire de Normand Ch. 7. pag. 284.
• * 1.54

  ☞
• * 1.55

  Q. MARY.
• o 1.56

  Chroni∣que de l'Isle de JERSEY, MSS. Ch. XXXIV.
• p 1.57

  Hist. of the World, Part I, Book IV. Ch. II. §. 18.
• q 1.58

  MSS. Ph. de Carteret Ba∣ronetti, Domi∣ni de S. Ouen, nuper de••un∣cti. S••rcenses Insulani, praed•• avidi, adulteriis pharis & ignibus nautas & merca∣tores noctu ad Naufragium impellebant, ut eis jactura Commodo cederet; quod cùm aliis Riensibus quibusdam Anglis & Winchelsensibus fa∣ctum est; undè commoti ipsi, cum non possent palàm ulcisci injuriam, ••an•• dolo rem aggressi sunt. Finxerunt mortuum Dominum navis; ro∣gant Insulanis ut liceat eis in suo Sacello s••pelire; concesserunt, eâ ta∣men Lege ut comitarentur Corpus inermes. Rienses igitur Pheretrum implerunt arm••s & ensibus; pro mortuo efferunt; Insulam & sacellum sunt ingressi; Pheretrum aperiunt: incautos Sercenses invadunt, ob∣••runcant, Insulam vastant.
• * 1.59

  Q▪ ELIZA∣BETH.
• * 1.60

  K. JAMES I.
• * 1.61

  K. CHARL.
• r 1.62

  Survey of the Estate of the two Islands, Guernezey and JERSEY, pag. 182.
• * 1.63

  ☜
• * 1.64

  K. CHARL. ••••.
• s 1.65

  Dr. Brown's Travels, p. 172.
• t 1.66

  Whitlock's Memorials An. 1649. Jan. 23. Letters that the Prince sent to Dunkirk for some Frigats for JERSEY; that he gave Commissions to French Renega∣does to take Prizes of all English Mer∣chants, and to bring them to JERSEY. That they took a good Ship of Lime—Anno 1650. Feb. 21. Letters that se∣veral Merchant men have been taken on the Western Coast by the JERSEY Pirates.—Febr. 26. Let∣ters that two Dutch-men laded with Salt, came to an Anchor within half a League of Dart∣mouth Castle. That presently after two JER∣SEY Pyrates came up with them, cut their Cables, and car∣ried them away. That the Castle shot at them, but could not reach them.—March 1. 1650. Letters of JERSEY Pyrates very bold upon the Western Coast—March 6. Letters of several Ships taken by the Pyrates of JERSEY—March 15. Of the want of Frigats upon the Western Seas to keep in the Pyrates of JERSEY.—March 17. Of the JERSEY Pyrates taking several Merchant ships, and none of the Par∣liament Frigats to help them.—March 19. Letters of the Pyracies committed by those of JERSEY.—Novemb. 30. Letters that the JERSEY Pyrates took two Dartmouth Ships, and three other Ships.—Anno 1651. April 17. Letters of the JERSEY Pyrates taking two Barks laden in sight of Portland.—April 21. Of more Prizes taken by the JERSEY Pyrates, and of Captain Bennet's fighting with two of them four hours—July 14. That five English Vessels were taken by Boats of JERSEY carrying four or five Guns apiece.—July 18. Letters of two Prizes taken by a JERSEY Frigate, of eight Guns, twenty four Oars, and eighty Men; and that there were twelve of those Frigats belonging to JERSEY.—August 7. Letters of much Damage done by the JERSEY Pyrates.—Sept. 27. Letters of the JERSEY Pyrates doing much mischief upon the Western Coast.
• u 1.67

  Relation MSS. de la Prise de l' Isle & d••s Chasteaux de JERSEY, par les Rebelles d'An∣gleterre. Trouv••e par∣my les Papiers de f••u Sire George de Carteret.
• w 1.68

  Whit∣lock's Memori∣als ad Annum 1651. Nov. 30. Letters that Col. Haines with his Forces anchored at JERSEY. They were de∣sperately char∣ged by a Body of Horse.—
• x 1.69

  Whit∣lock ad An. 1651. Jan. 3. Ordered that the Commissio∣ners for com∣pounding, do send over some to Sequester the Estates of those in JERSEY.
• y 1.70

  Id. ad An. 1651. Nov. 3. The Parliament ordered that the Ministers of London and Westminster, do on the 5th of November next, in their several Congre∣gations, give thanks to God for the gaining of JERSEY Island.
• z 1.71

  Id. ad An. 1651. Letters that Jermyn & Greenvil were sent to Paris, to advise about selling of JER∣SEY to the French.
• * 1.72

  K. JAMES II.
• * 1.73

  K. WILLIAM and Q. MARY.
• a 1.74

  Feb. 6. 1692. Gazet. No. 2844.
• * 6.1

  ☞
• b 6.2

  IV. Part of the Instit. Ch. LXX. pag. 286.
• * 6.3

  ☜
• * 6.4

  Situation of JERSEY.
• * 6.5

  Latitude and Longitude.
• * 6.6

  Dimension.
• * 6.7

  Figure.
• * 6.8

  Inequality of the Sur∣face.
• * 6.9

  Nature of the soil.
• c 6.10

  Ex MSS. Philippi de Carteret, Do∣mini de S. Oüen, &c.] In Insulâ JER∣SEY Solum fu∣it soecundissi∣mum, quod Canvetos ap∣pellant, in Pa∣rochi•• Sancti Brelardi. Ne∣mo se satis di∣vitem in Insu∣lâ putabat nis•• illic praedium haberet. Con∣tigit Anno Dom. ••irciter 1495, quod quinque Hispaui•••• Naves illic fecerunt me∣diâ hyeme naufragium, ad Festum Cath. Qu••tuor naves aquis obrutae. Quinta ad Littus perjecta homines (prater unum) servat incolumes. Reliqui omnes absorpti. Insulani diripuerunt earum sicus, vina, mer∣ces, & bona: Nec potuerunt Monitoriis, etiam & Anathematibus, res recuperare. Factum tandem, ultione Divinà, ut Insula arenâ sive Sa∣bulo, quod erat eâ parte ab occidente in medio Maris, ventis perflata fuerit, & universam illam Agrorum foecunditatem vastaverit. Nunc Canvetos vocant.
• * 6.11

  Fertility.
• d 6.12

  Lib. I. pag. 197.
• * 6.13

  Decay of Til∣lage.
• * 6.14

  Inclosures.
• * 6.15

  Highways.
• * 6.16

  Perquages.
• e 6.17

  Petition in Parl. An. 30. E. 1. Vid. Ry∣ley's Placita Parliam. in Ap∣pendice, p. 602.
• * 6.18

  Agriculture.
• f 6.19

  Descripti∣on of the Isles of Feroe by Lu∣cas Jacobson De∣bes M. A. and Provost of the Churches there.
• * 6.20

  Vraic.
• * 6.21

  Hedge-rows and Orchards.
• * 6.22

  Cidar.
• g 6.23

  Perronia∣na, sive excerp∣ta ex ore Car∣dinalis Perro∣nii. Genev. 1661. in voce Cidre. pag. 56. & iterum pag. 205.
• h 6.24

  Quid Quincunce speciosiùs, qui in quam∣cun{que} partem spectave∣ris rectus est? Quintili∣an. Arbores pari inter∣vallo sitae, recti or lines, & omnia perpulch••è in Quincuncem directa. Cicero in Cat. Maj.
• * 6.25

  Mead, and A∣piaries.
• * 6.26

  Springs and Fountains.
• * 6.27

  Mineral-wa∣ter.
• * 6.28

  Beef and Mut∣ton.
• i 6.29

  Cambd. de Ins. Brit. pag. 854. Terra sa∣tis Fertilis va∣riis frugibus & Gregibus abun∣dat; oves ha∣bet multas, & ex eis plurimas quatuor (he should have said Sex) Cor∣nibus conspicu∣as.
• * 6.30

  Game.
• * 6.31

  Fowl.
• * 6.32

  JERSEY-Partridge.
• * 6.33

  Fish.
• * 6.34

  Excellent Carps.
• * 6.35

  Toads.
• * 6.36

  Lizards.
• * 6.37

  Temperature of the Air.
• * 6.38

  Rocks and Tides.
• * 6.39

  Bays.
• * 6.40

  Division of the Island.
• * 6.41

  Parishes.
• * 6.42

  Towns. St. Helier.
• * 6.43

  St. Aubin.
• * 6.44

  Number of In∣habitants.
• * 6.45

  Buildings.
• * 6.46

  Language.
• * 6.47

  Trade and Ma∣nufactures.
• * 6.48

  Estates.
• ‖ 6.49

  August. 10.
• * 6.50

  Families and Names.
• * 6.51

  Governor.
• k 6.52

  Vid. infrà Cap. V.
• l 6.53

  Suprà Cap. I.
• m 6.54

  Mare Clausum, Lib. II. Cap. XIX. pag. 375.
• * 6.55

  List of the Go∣vernors.
• * 6.56

  Edward IV.
• * 6.57

  Edward V.
• * 6.58

  Richard III.
• n 6.59

  Vid. suprà pag. 23.
• * 6.60

  Henry VII.
• * 6.61

  Henry VIII.
• * 6.62

  Edward VI.
• * 6.63

  Q. Mary.
• * 6.64

  Q. Elizab.
• * 6.65

  K. James I.
• * 6.66

  K. Charl. I.
• o 6.67

  Suprà pag. 31.
• * 6.68

  K. Charl. II.
• p 6.69

  Slain at the Battel of Steinkirk, an. 1692.
• q 6.70

  Richardus 〈…〉〈…〉ey, Custos In∣〈…〉〈…〉arum, an. 10. 〈…〉〈…〉3. Hugo de 〈…〉〈…〉ncto Phile∣〈…〉〈…〉to, Custos de 〈…〉〈…〉RSEY, eod. anno. Wilhelmus de Sancto Johanne, Cust. Insular. 〈…〉〈…〉 11. H. 3. Arnauldus de S. Amando, & Philippus de Carteret, 〈…〉〈…〉stodes Insular. an. 16. H. 3. Philippus de Albimar, & Wilhel∣〈…〉〈…〉s de S. Johanne, Custod. Insular. cod. an. Johannes des Roches, 〈…〉〈…〉st. Insular. an. 2. E. 3. Thomas Hampton, Cust. Insular. an. 〈…〉〈…〉. E. 3.
• r 6.71

  Richardus Harliston, Capitaneus de JERS. an. 17. 〈…〉〈…〉4. Hugo Vaughan, Capitan. de JERS. an. 17. H. 7.
• s 6.72

  Tho∣〈…〉〈…〉s de Ferrariis, Cust. Insular. pro termino 6 annorum, An. 12. E. 3. 〈…〉〈…〉m iterùm Custos, &c. pro termino 5 annor. An. 17. E. 3. Johannes 〈…〉〈…〉nfan, Custos Insular. pro termino 5 annor. & dim••d. An. 31. H. 6. 〈…〉〈…〉em iterùm Cust. &c. pro termino 10 annor. An. 36. H. 6.
• t 6.73

  Hugo 〈…〉〈…〉lvilegh, Cust. Insular. an. 50. E. 3. Johannes Golafre, Cust. In∣〈…〉〈…〉ar. an. 11. R. 2. Edmundus Comes Rutland, Cust. Insular. an. 20. 〈…〉〈…〉2. Matthaeus Baker Cap. de JERS. an. 3. H. 7. Thomas Ove∣〈…〉〈…〉, Cap. de JERS. an. 15. H. 7. Antonius Ughtred, Cap. de JERS. 〈…〉〈…〉. 17. H. 8. Arthurus Darcy, Cap. de JERS. an. 25. H. 8. Tho∣〈…〉〈…〉as Vaux Dominus de Harrowdon, Cap. de JERS. an. 27. H. 8. 〈…〉〈…〉wardus Seymour Vice-comes Beauchamp▪ Cap. de JERS. an. 28. 〈…〉〈…〉8. Hugo Pawlet, Cap. de JERS. an. 4. E. 6. Amias Pawlet, 〈…〉〈…〉p. de JERS. an. 13. Eliz. Antonius Pawlet, Cap. de JERS. an. . . Eliz. Walterus Raleigh, Cap. de JERS. an. 43. Eliz. Johan∣〈…〉〈…〉s Peyton▪ & Thomas Jermyn, Gubernatores de JERS. an. 1. Jac. 1. 〈…〉〈…〉enricus Dominus Jermyn, Gub. de JERS. an. 2. Car. 1. Georgius Carteret. id.
• u 6.74

  Otto de Grandisono, Gust. Insular. an. 5. E. 1.
• w 6.75

  Edmundus Rosse, Cust. Insular. an. 47. E. 3.
• * 6.76

  〈…〉〈…〉venue of the 〈…〉〈…〉vernor.
• x 6.77

  In Memo∣rand. Scac∣carii de▪ An. 5. Regis Edw. 3. inter Brevia, &c.—Rex Thesaura∣riis & Baro∣nibus suis de Scaccario, Salu∣tem. Mandamus vobis quod di∣lecto & fideli nostro Johanni des Roches nu∣per Custodi In∣sularum nostra∣rum de JERE∣SEY, Gerne∣seye, Serk, & Aureney, 40 Libras per an∣num, pro Feo∣do suo, de tem∣pore quo Custo∣diam Insularum earundem ex Commissione no∣strâ habuit, in Compoto suo ad Scaccariumprae∣dictum alloca∣ri faciatis. T. meipso apud Westm. 21. die Dec. An. Regni nostri 4.
• * 6.78

  Power of the Governor.
• y 6.79

  An. 10. H. 3. Domi∣nus Rex commisi•• Ricardo de Gray Insulas de JERE∣SEYE, & Gerneseye, cùm aliis Insulis & Castris Do∣mini Regis ibidem, Custodi∣endas, &c. T. R. apud Westm. &c.—Et man∣datum est Militibus, libe∣ris Hominibus, & omnibus aliis existentibus in eisdem Insulis, quod eidem Ri∣chardo, tanquam BALLI∣VO Domini Regis, in om∣nibus ad praedictas Insula•• pertinentibus, intendentes sint & respondentes. In cujus, &c. T. ut sup. Eodem an. Dominus Rex Commisit Hugoni de S. Phileberto Insulam de JE∣RESEY cum Castro ibidem, Custodiend. &c.—Et man∣datum est Militibus, &c. quod ei tanquam BALLIVO Do∣mini Regis, &c. T. R. apud Westm. 12 die Febr. An. 11. H. 3. Do∣minus Rex commisit Wil∣helmo de S. Johanne Insu∣las de JERESEYE, & Ger∣neseye, cùm aliis Insulis & Castris suis ibidem, Custodi∣end. &c. T. R. apud Westm. &c. Et mandatum est Mili∣tibus, &c. quod eidem Wil∣helmo tanquam BALLIVO Domini Regis, &c. T. ut sup.
• * 6.80

  Vid. Spelman. Glossar. in voce Baillivus, pag. 68.
• * 6.81

  Elizabeth Castle.
• * 6.82

  Q. d. Insa∣letta.
• * 6.83

  Mont-Orgueil Castle.
• * 6.84

  St. Aubin's Fort.
• * 6.85

  Grosnéz Cast.
• * 6.86

  Batteries, &c. about the Coast.
• * 6.87

  Garrison.
• * 6.88

  Militia.
• * 6.89

  Bailly and Ju∣rats.
• a 6.90

  Baillivus apud Gallos Splendidus Ma∣gistratus est. Spelman. Glossar. pag. 68.
• b 6.91

  Constituti∣ones Johannis Regis, Art. 1. Vid. insrà Cap. VII.
• c 6.92

  Glossar. in voce, pag. 192.
• d 6.93

  IV Part of the Institutes. Cap. LIX. pag. 271.
• * 6.94

  Election of the Jurats.
• * 6.95

  Officers of the Court.
• * 6.96

  Power of the Court.
• e 6.97

  Constit. Johannis Re∣gis, Art. V. Vid. infrà Cap. VII.
• f 6.98

  Mich. 6. E. 3.
• * 6.99

  Appeals.
• * 6.100

  Commissioners Royal.
• g 6.101

  Constit. Johan. Regis Art. V. & VII. Vid. infrà Cap. VII.
• h 6.102

  IV. Part of the Institut. Cap. LXX. pag. 286. Laws.
• * 6.103

  Custom of Normandy.
• * 6.104

  Local Usages.
• * 6.105

  Orders of Coun∣cil.
• * 6.106

  Precedents.
• i 6.107

  Lord Coke IV. Part of the Institut. Cap. LXX. pag. 287.
• * 6.108

  Court of Inhe∣ritance.
• * 6.109

  Court of Catel.
• * 6.110

  Criminal Cau∣ses.
• * 6.111

  The Court Ex∣traordinary, or Billet.
• * 6.112

  The Saturday Court.
• * 6.113

  Terms.
• * 6.114

  Cohue Royale.
• * 6.115

  Pagan Altars.
• * 6.116

  Plantation of Christianity.
• k 6.117

  Girald. Cambr. Itine∣rar. Lib. II. Cap I. de Sede Menevens. Dargentré. Hist. de Bre∣tagne. Lib. I. Cap. XV. pag. 65. Andreae Saus∣sayi Martyro∣log. Gallican. Mens. Octob. Pars Poster. sol. 774. Usserii Pri∣mord f. 531. Capgrave in S. Sampson.
• † 6.118

  Some say he brought the Pall from Me∣nevia or St. David's with him into Bretagne.
• l 6.119

  Dargentré Lib. I. Ch. XXVIII. pag. 132.
• † 6.120

  There is a Church in Guernesey de∣dicated to his Memory, and that bears his Name to this day. St. Samp∣son.
• m 6.121

  Petrus de Natalibus Lib. IX. Cap CIII. Benedict. Go∣non. vitae Pa∣trum Occident. Lib. III. fol. 145. Nova Leg. Angl. Lond. 1516. De St. Maglorio E∣piscopo & Con∣fessore. MSS: Mr. Poingdestro.
• n 6.122

  Dargentré Hist. de Bre∣tag. Lib. II. Ch. XLIV. pag. 166.
• o 6.123

  Hugo Flo∣riac. in Chro∣nic. apud Du Chesne Tom. 3. pag. 343.
• p 6.124

  Paris An∣cien & Nou∣veau; par Monsieur le Maire. Tom. I. pag. 356.
• q 6.125

  Gregor. Turon. Hist. Franc. Lib. I. Cap. XVIII. Aymon. Mo∣nach. de Gest. Franc. Lib III. Cap. XXVI. pag. 99. Papyr. Masson. Annal. Lib. I. pag. 52. Abregè de L'Historie de Normandie, Ch. II. pag. 33. Pretextat privé de son Archeveschê fut relegu•• en l'Isle de GER∣SEY, dans le Territoire de Constances.
• r 6.126

  Hist. Eccles. pag. 560.
• * 6.127

  Foundation of Churches, &c.
• * 6.128

  Chapelle des Pas.
• * 6.129

  La Hougue.
• s 6.130

  MSS. Phi∣lippi de Car∣teret Baronet. &c.
• * 6.131

  Reformation.
• t 6.132

  Fox. Acts and Monu∣ments. ad An∣num 1556. pag. 1763. &c.
• u 7.1

  Police & Discipline Ec∣clesiastique, des Eglises Refor∣mées és Isles de JERSEY & de Guernezey, Serk, & Ori∣ny, arrestées & conclues d'un commun accord par Messieurs les Gouverneurs des dites Isles, & les Ministres & Anciens Assemblês au Synode tenu a Guernezey au nom de toutes les dites Eglises, le 28 jour du mois de Juin, L'An 1576. MSS.
• † 8.1

  Grandfather to David Ban∣dinel Seigneur of Bagot, now living, one of the Jurats of the Royal Court. A Magistrate of great Abili∣ty and Reputa∣tion.
• w 8.2

  MSS. Phil. de Carteret. Baronet. &c.
• † 9.1

  Exceptions.
• * 10.1

  Here fol∣loweth a Table of Fees, not thought necessary to be Englished.
• * 10.2

  George Abbot Arch-Bi∣shop of Canterbu∣ry.
• † 10.3

  John Williams Bishop of Lincoln, and Lord Keeper of the ••eat S••••l.
• ‖ 10.4

  Lancelot Andrews Bishop of Winchester.
• * 10.5

  Diocese.
• x 10.6

  Vid. Suprà pag. 115, 116, &c.
• y 10.7

  Rotul. Insular. in Scaccar.
• * 10.8

  Dean.
• z 10.9

  Clous. 23. E. I. m. 6. Ce∣dul. Edwar∣dus, &c. Di∣lecto & Fideli suo, Henrico de Cobham, Custodi Insu∣lar. de Ger∣neseye, & GE∣RESSEY, Sa∣lutem. Quia accepimus quod Decanus Insu∣lae nostrae de Genereye praedictae, super aliquibus quae spectant ad Ju∣risdictionem su∣am in eâdem Insulâ per vos hactenus exti∣tit impeditus, quo minùs ea•••• exercere possit ••t debet, Nolen∣tes eidem De∣cano injuriari in hac parte, vobis Mandamus quod ipsum Decanum Jurisdict••n•• suà p••••ifi•••• uti p••r∣mittatis, prout e•• uti debet, & hactenus uti consu••vit. It•• tamen quo•• nihil exerceat in praejudicium nostrae Regia Dignitatis. Nosque super Causâ Impedimenti praedicti per v••s eidem D••cano si•• illati, in proxi∣mo Parliamento sub Sigillo vestro disti•••••••• & apert•• r••dd••tis certi••∣res. Teste Meipso apud Westm. 26. di•• Augusti, Anno Regni ••o∣stri 23. Vid. Ryley's Placita Parliamentaria in Appendic•• pag. 468.
• * 10.10

  Want of Con∣firmation.
• * 10.11

  Patronage of the Churches.
• * 10.12

  Impropriations.
• * 10.13

  Black-Book of Coûtance.
• ‖ 11.1

  Supp. ••x MSS. Gall.
• † 11.2

  Villers Ca∣nivet. Diaces. Sagiens.
• † 11.3

  MSS. Gall. Curvatâ.
• ‖ 11.4

  Id. Nobretey.
• † 11.5

  The Bishop of Avranches.
• † 11.6

  Suppl. ex MSS. Gall.
• † 11.7

  Avranches.
• † 11.8

  Vauvect.
• † 11.9

  De l'Essay. Ord. Bened. in Diaces. Con∣stant.
• † 11.10

  Suppl. ex MSS. Gall.
• * 11.11

  Exemption from First∣fruits.
• * 11.12

  Church-Trea∣suries.
• * 11.13

  Free-Schools.
• * 11.14

  Fellowships, &c. in Oxford.
• a 11.15

  Aristot. Po∣lit. l. 1. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• * 11.16

  Members of the States.
• * 11.17

  Rules for their sitting.
• * 11.18

  Governor's Negative Voice.
• * 13.1

  Raising of Mo∣ny.
• * 13.2

  Constables.
• * 13.3

  Motives for our Priviledges.
• * 13.4

  K. John's Con∣stitutions.
• * 13.5

  Rot. II. 3.
• * 14.1

  Commissio∣ners Royal.
• * 14.2

  Charter of Edward III.
• * 14.3

  ••••of Rich. II.
• * 14.4

  ••••of Edw. IV.
• * 14.5

  ••••of Hen. VII. Hen. VIII. Edw. VI. Q. Mary. Q. Eliz. &c.
• * 14.6

  Notable Privi∣ledge.
• † 14.7

  See the Char∣ters of Ed. IV. Henry VII. Henry VIII. Edward VI. Q. Elizabeth. K. James I. K. Charles I. K. Ch. II. and K. James II.
• ‖ 14.8

  Viz. de JER∣SEY.
• b 14.9

  IIIme Par∣tie. Art. XXI. §. 6. pag. 357. Dabondant si la Prise a esté faite en Lieu d'Azyle ou de Refuge, com∣me sont les Isles & mers de GERZAY & Grenezay, en la Coste de Normandie, auquelles les Francois & Anglois, pour quelque Guerre qu'il y ait entre les Deux Couronnes, ne doivent insulter, ou courre l'un sur l'autre, tant & si loin que s'estend l'Aspect ou la Veûe desdites Isles.
• c 14.10

  De Insul. Brit. pag. 855.
• d 14.11

  Lib. II. Cap. XIX. pag. 376. Et iterùm Lib. II. Cap. XXII. pag. 412, &c.
• † 14.12

  JERSEY.
• ‖ 14.13

  Guernezey.
• e 14.14

  Survey. Ch. 1. pag. 300.
• † 14.15

  MSS. 〈◊〉〈◊〉 m••.
• * 14.16

  Vid. Acts of the States.
• ‖ 14.17

  Chronique MSS. de l'Isle▪ de GERSEY. Chap XXV.
• * 14.18

  This Plea is in Print.
• † 14.19

  Vid. Acts of the Court.