trouve point soit en se cachant ou autre Collusion la Citation sera affichée à l'huis du Temple Paroissial d'icelle en cas qu'il n'ayt aucun Domicile ce en jour de Dimanche 49. S'il parvient aux oreilles du Doyen par Relation de gens de bien que quelqu ' un vit notoirement en quelque Scandale il en pourra avertir le Ministre les Surveillâ—ns de la Paroisse afin que s'en estant informés ils Presentent telles personnes qui meritent d'estre punies ou Censurées 50. Là où il constera de la faute commise par quelque Ministre le Doyen aprés Monition réitérée procédera à la Reformation par l'avis Consentement de deux Ministres jusqu'a Suspension Sequestration en cas que ledit Ministre demeure Refractaire le Doyen procédera par le Consentement de la plus part des Ministres presents en l'Isle jusqu'a Déprivation 51. On ne fera point de Commutation pour Pénitence sinon avec grande Circonspection ayant égard à la qualité des Personnes Circonstances des fautes Et sera la Commutation enregistrée ès Actes de la Court pour estre employée aux Pauvres usages pi eux dont Accomptes seront rendus selon ledit Registre 52. Aprés la premiere Defaute la Non-comparence de ceux qui seront derechef cités par Mandat sera reputée Contumace si estans cités par aprés en Péremptoire ils ne comparoissent on pourra procéder à l'encontre d'eux à l' Excommunication Que si dans le prochain jour de Court la Partie ne fait devoir d'obtenir Absolution on procédera à la Publication de la Sentence Mineure Excommunication laquelle sera delivrée au Ministre de la Paroisse pour en faire lecture à jour Solennel à l'oâ—ye de la plus part des Paroissiens assemblés lapartie persistant en son Endurcissement on procédera à la Majeure Excommunication qui forclost le Pécheur à Sacris Societate Fidelium Que si cette Censure ne sert pour l'induire à Obéissance se ranger dans le Terme de 40 jours alors le Doyen parson Certificat authentique donnera Avertissement au Bailly Jurétz de ladite Contumace les requerra en Assistance de sa Jurisdiction de le faire saisir par les Officiers Civils pour le rendre Prisonnier en Détention Corporelle jusqu'a ce quil se soit submis obligé d'obtemperer à l'Ordonnance de l'Eglise devant qu'estre Absous sera tenu de payer les frais Coustages de la poursuite de la Cause 53. En Causes de Paillardise sur la Presentation des Surveillans avec les Probabilités commun Bruit Scandale Presumptions à ce requises la partie sera sujette de subir le Serment de sa Purgation ou autrement sera tenu pour Convaincu 54. En cas d'Adultére à l'Instance de Partie on y procédera meurement par bonnes preuves Informations pour avoir Evidence du faict objecte le sujet Preuve du fait le requerant on pourra conclurre jusqu'a Séparation à Thoro Mensâ 55. Là où il y aura Calomnie ou Diffamation prouvée on fera Recognoissance des Injures selon l'Exigence du cas pourveu que l'Action ne soit prescrite par lapse de temps d'un an entier pourveu que le sujet de l'Action soit de Crimes Ecclesiastiques cy devant Specifiés Des Appellations 56. Les Appeaux en Causes Ecclesiastiques seront oûis définis par le Révérend Pére en Dieu l'Evesque de Winchestre en personne en cas de Vacance de ce Siége par le Trés Révérend Pére en Dieu l'Archvesque de Canterbury en personne 57. Tout Appels interjettera dans Quinze jours aprés Cognoissance de la Sentence sera la partie obligée de prendre exhiber tout le Procés Actes du Registre ou Rolles de la Court lesquels Actes aussy luy seront delivrés en forme temps convenable authentiqués sous le sceau de l'Office sera l'Appellant sujet de le poursuivre dans an jour aut Sententiae latae stare compellitur 58. Il ne sera licite d'Appeller qu'aprés Sentence Définitive de la Cause sinon pour ces deux égards ou quand l'Interlocutoire est telle qu'elle met fin à la Cause ou quand ladite Interlocutoire estant obéie elle apporte tel Damage irreparable à la partie qu'il ne peut estre amendé par Appel de la Définitive Of the King's Supremacy FIrst according to the Duty we owe to the King 's most Excellent Majesty it is ordained that the Dean and Ministers having Cure of Souls shall be obliged to the utmost of their Power Knowledge and Learning purely and sincerely without any Backwardness or Dissimulation to teach publish and declare as often as they may and as occasion shall offer it self that all forreign strange and usurped Power for as much as it has no ground in the Word of God is wholly for good and just Causes taken away and abolished and that therefore no manner of Obedience or Subjection within His Majesty's Kingdoms and Dominions is due unto any such Power But that the King's Power within his Kingdoms of England Scotland and Ireland and other his Dominions and Countries is the highest Power under God to which all Persons Natives and Inhabitants within the same do by God's Law owe Loyalty and Obedience before and above all other Power 2. Whosoever shall affirm and maintain that the King's Majesty hath not the same Authority in Causes Ecclesiastical which Godly Kings had among the Jews and Christian Emperors in the Primitive Church or shall in any manner of way impeach or obstruct the King's Supremacy in the said Causes Moreover whosoever shall affirm that the Church of England as it is established under the King's Majesty is not a true and Apostolical Church purely teaching the Doctrine of the Prophets and Apostles or shall impugne the Government of the said Church by Archbishops Bishops and Deans affirming it to be Anti-christian shall be ipso facto Excommunicated and not restored but by the Dean sitting in Court after his Repentance and publick Recantation of his Error Of Divine Service 3. It is injoyned unto all sorts of Persons to submit to the Divine Service contained in the Book of Common Prayers of the Church of England And for as much as concerns the Ministers they shall be obliged to observe with Uniformity the said Liturgy without Addition or Alteration And no Conventicle or Congregation shall be suffered to make Sect apart or withdraw themselves from the Ecclesiastical Government established in the Island 4. The Lord's Day shall be sanctified by the Exercises of publick
with several Parcels of Lands and Meadows Wheat-Rents Escheats Forfeitures Fines Services Wardships Customs and other Emoluments not reckoned in Money made up a pretty Revenue for the King in so small an Island But now the Livre Tournois is fallen so low viz. 13. of them for one l. Sterl that the said 1000. 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 appropriated to several Religious Houses in Normandy in time of Popery were at the Reformation assumed by the Crown As also in several Quarters of Wheat-Rents and other Profits certain and casual estimated all together at about 15000 Livres Tournois per annum Out of which Sum the aforementioned Deductions are made the rest belongs to the Governor who has a peculiar Officer appointed by himself for the Collection of the said Revenue called Le Receveur du Roy i. e. The 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 Governor greater or less as he could agree or had an Interest in the Prince's favour Thus Johannes des Roches who was Warden of these Islands in the time of Edward III. had but 40. l. a year allowed him out of the said Revenue The more usual way was for the Governor to receive the whole Revenue paying a certain Sum yearly out of it into the Exchequer Thus Thomas de Ferrariis and Thomas de Hampton who succeeded Johannes des Roches paid 500 Marks yearly The last that had it with these Deductions was Sir Thomas Jermyn Grandfather of the Lord Jermyn the now Governor who paid 300 l. yearly to the King Nor was this without Exceptions For Philip de Aubigny Drogo de Barentin Otto de Grandison c. in the time of K. John Henry III Edward I c. received and enjoyed the whole Revenue as the Governors do now sine Computo So did those Sons and Brothers of our Kings mentioned before who seem to have had these Islands inpurum absolutum Dominium Therefore very properly called Domini Insularum Lords of the Islands The Power of the Governors has likewise been greater or less as their Commission has from time to time been either enlarged or restrained Anciently the Governor here was a Person of a mixt Power I mean that he had the Administration of both the Civil and Military Authority He was Judge as well as Governor had the disposal of all places in Court Church or Garrison Then he was called Bailly which in the Gottish Tongue signifies Custos i. e. a Warden or Guardian For he was both Custos Terrae and Custos Legum Guardian of the Land and Guardian of the Laws In process of time he reserved only the Exercise of the Military and Commanding part to himself transferring the Judicial to another who remained in possession of the Title of Bailly while himself retained the sense and meaning of the Word in the new Name of Custos or Warden which he assumed Thus that Office which at first was but one became two Yet so as that he who had the Judicial part and was now called the Bailly was still dependant and at the Nomination of the other So were the other Ministers of Justice Which was a great obstruction to a free Administration of it since the Court must still be at the beck and devotion of him from whom it derived its Power K. John began and K. Henry VII completed the Establishment of a Jurisdiction in this Island independant from the Governor taking away from him the Nomination of the Bailly Dean King's Officers and Viscount And forbidding him to interpose his Authority in Matters that were purely of the Cognizance of the Civil or Ecclesiastical Tribunals But tho' the Governor has no proper Jurisdiction yet in regard of his Dignity his Presence is often required in Court and is in some sort necessary for the passing of some Acts there viz. Such as concern the King's Service the Maintenance of the 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 Execution of their Judgments He has Power with the Concurrence of two of the Jurats to arrest and imprison any Inhabitant upon vehement Suspicion of Treason No Inhabitant may go out of the Island no Foreigner may come sojourn or settle in it without his Knowledge and Privity No Estates can be held nor any thing therein transacted without his Consent but this with some restrictions of which more hereafter On the other side at his Admission and before he can do any Act of Government he must produce his Patent or Commission in Court and must swear to maintain the Liberties and Priviledges of the Island His more immediate Province is the Custody of Their Majesties Castles the Command of the Garrison and Militia of the Island Which last he models and regulates at Pleasure The Place of his Residence is Elizabeth Castle called also the New Castle in distinction to Mont-Orgueil which is the Old Castle Sometimes again called L'Islet because seated in a small Island in St. Aubin's Bay taking up the whole Ground or Compass 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 called the Bridge but neither is this dry above 6 Hours sometimes not 5 Distant from the nearest Land 663 Geometrical Paces Well mounted with Ordnance and stored with all necessary Provisions of War Begun An. 1552 in Consequence of an Order of Council of An. 1551 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 depends the Safety of the whole Island I wish I could give the same account of Mont-Orgueil Castle standing aloft on a steep and craggy Promontory in the East of the Island and as it were proudly overlooking the neighbouring Coast of France But that Noble and Ancient Castle under whose Walls the French have so often digged their Graves falls daily to decay through want of repair 'T is somewhat awed by a Hill that lies too near it on the Land-side f The Fort or Tower of St. Aubin is o good use for the Defence of the Road and for the Security of our shipping which lie safe in the Mole or Peer under the Guns of the Place These are all the Fortresses in this Island where the King keeps Garrison both in Peace and War For tho' the Map mentions
excepted viz. that Penhouet Admiral of Bretagne having worsted the English in a Sea-sight pursued his advantage and entred the Isles of JERSEY and Guernezey which he plundered but durst not sit down before the Castles This happened An. 1404. HENRY V was no sooner on the Throne but he renewed the Claim to France and with much Glory recovered all that had been lost since the Death of the Black Prince with considerable Accessions That brave and warlike King knowing the advantageous Situation of these Islands made great use of them in the Prosecution of the War He added much to the beauty and strength of Gouray Castle in JERSEY 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. which happened thus During the Contestation betwixt that unfortunate Prince and Edward IV for the Crown a French NObleman named Peter de Brezè Count de Maulevrier raised Forces in France and brought them with him into England to support the Title of Henry against that of Edward He had before contracted with Queen Margaret Wife of Henry who was a French Woman and had called in the Count to the Assistance of her Husband that in consideration of so important a Service the Islands of JERSEY Guernezey Alderney and Serk should be made over to him to hold them for himself and his Heirs for ever independently from the Crown of England The Bargain being struck the Count sends one Surdeval to seize upon Mont-Orgueil Castle in JERSEY The French coming in the Night got into the Castle by 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 acknowledge him and renounce their Allegiance to England he could never prevail on the Inclinations of a People who were inraged 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 In this State things remained till the Death of Henry VI. and the quiet Possession of the Throne by EDWARD IV. For then Sir Richard Harliston Vice-Admiral of England coming to Guernezey with a Squadron of the King's Ships Philip de Carteret sent to him for Succour They agreed that while the English Fleet 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 occasion and the said good Service hath ever since been inserted in all our Charters to this Day in perpetuam rei Memoriam So many ill Successes one after another made the French lay aside for a-while the thoughts of these Islands so that we hear no more of them under the Reigns of EDWARDV RICHARDIII HENRY VII and HENRY VIII But I must not omit to mention the Coming of Henry VII to JERSEY in this Interval He was then only Earl of Richmond and fled from the Cruelty and Tyranny of Richard Whether out of Design or forced by contrary Winds in his Passage into Bretagne he put into this Island where he lay concealed till he found an Opportunity to get over Being a wise and discerning Prince he observed some Defects in our Constitution which he amended when he came to the Crown enlarging our Charter and enacting several Ordinances for the better Government of this Island A War breaking out betwixt our King EDWARD VI and Henry II. of France the French re-assumed their former Thoughts of bringing these Islands under their Subjection flattering themselves with greater hopes of Success than ever from the Minority of that King and the Troubles with which his Government was then perplexed In the Year 1549 they set a Fleet out from St. Malo's a Town the ill effects of whose neighbourhood we have often resented and seized on the little Isle of Sark which was then Un-inhabited where they planted Colonies and built Forts That Island is seated in the Middle and Center of the rest which made the French believe that by securing that they would with continual Alarms and Incursions so harrass the others that they would not long hold out against them They began with Guernezey where they set upon a Fleet of English Ships which were at Anchor in the Road before the Town Most of the Captains and Officers were ashore asleep in their Beds which gave the French some advantage in the beginning of the Fight But the whole Town being awakened with the noise of the Canon and the Ships soon 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 Bravery of the Islanders were beaten back to their Ships many being kill'd and wounded on both Sides Among the Slain on our side was found a Popish Priest of this Island whose Love to the English Government and the Liberties of his Country prevailing above the Discontents which the Change of Religion that was made in that Reign wrought on Men of his Order made him appear that day in the foremost Ranks An Example to be recommended to those of that 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 Queen MARY's Reign has been thought inglorious for the Loss of Calais taken by the French after the English had possessed it above 200 Years It was nevertheless in the Time of this Queen that the Isle of Sark was retaken from the French though I cannot say the Recovery of so small an Island countervails the Loss of a Town that was one of the Keys of France The French Colony in that Island was grown very thin The solitariness of the Place and the want of Necessaries but chiefly the ill Prospect of their Affairs and their Despondency of ever becoming Masters of the other Islands causing many of them to desert and return into France so that few able to bear Arms were left for the Defence of the