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A61642
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Freedome. Or, The description of the excellent civill government of the island of Jersey published by James Stocall Esq; Collonel of a regiment of the trained bands of the said island, consisting of 1500 men. Under the government of the honorable Colonel Heane governour thereof, for the service of the Commonwealth of England.
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Stocall, James.
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1652
(1652)
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Wing S5691A; ESTC R222041
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7,464
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19
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opinion to Condemne a man by the Country is understood an Assembly of twenty foure of the Accused's owne Parish and neighbour Parishes of sufficient able men full of integrity of those there must be twenty of an unanimous voyce to make the Party Guilty and this is the great Inquest In the second place in the same Court called Cattell is treated of Decrets for the most part which is That in case a man be over-burdened with Debts and that his estate is not able to pay them as soone as he is imprisoned for any of them he is freed of all his Creditors if he cometh to Court and affirmeth upon Oath That he hath not wherewithall to satisfie them and leaveth them what inheritance he hath to struggle amongst them who shall enjoy it which is done very regularily those who have purchased or lent their money the last are the loosers and every man injoyeth according to the priority of his Purchase c. In the last Court called Extraordinary is treated of Causes more triviall which concern only Moveables c. Of the Court of Heritage the last part of the Court of Cattell and Extraordinary Appeales might be made to the King and Counsell For moveables not for under the value of twenty pounds Sterling but for matter of Inheritance there is no limitation Appeales must be made immediately after Sentence given yet sedente curiâ and two sufficient Sureties given within a sennight for the prosecution of them within the time limited which is The said Appeales must be entred in the Booke of Counsell Causes within three moneths and prosecuted within one yeare and in case the Appealant doe not reverse the Sentence and procure an Order from the Counsell of Mal Jugé Bien Appellé then he forfeits twenty Crownes to the Bailly There are likewise many inferiour Courts held in the Island by Seneschalls or Stewards called Basses Courts which is to say low Courts in respect of the great and superiour Courts many of those Lordships doe now belong to the Common-wealth of England others to some Gentlemen of the Isle Of these Stewards Courts Appeales might be made to the Bailly's Court. Upon some extraordinary and Important occasion which might conduce for the good of the Inhabitants an Assembly of the States was called by the Governour or Bailly this Assembly consisted of the said Governour or his Lieutenant the Bailey or his Lieutenant the twelve Jurats the twelve Constables who represented the Commons of the Country and sometimes the twelve Ministers who by their turbulency and brouilleries have made themselves unworthy of that Assembly and there fore may be very fitly desired they may be left out with the Bishops Amongst the many good and wholsome locall Customs Municipall Lawes and others whereof many are agreeing with the Mosaicall one is very remarkable in the behalfe of the oppressed viz. Le clam de Haro which is That if any man of what degree or quality soever pretends to be injured or opprest either by the greatest or lowest of this Isle at the Acclamation three times of this word Haro with a loud voyce be it right or wrong the other party must surcease though he were upon never such urgent occasions whether he were at Cart or Plough felling or lopping Trees in a word upon any occasion And he that is in fault of the Accuser or Accused is fined in ten Livers Tournois And if the Accused persists notwithstanding in his worke or violence he is also fined in the like sum for his persisting And likewise if any man is within the hearing of this call and doth not come to the assistance of the oppressed hee is put to an Arbitrary Fine And this is tryed at the Court of Cattell before-mentioned amongst Crimes This is but a short Epitome of our Civill Government as it hath been and we hope shall be untill such as would alter the same to have their phansies established have given the Parliament greater Demonstrations of Policy for Freedome and Liberty Mercy and Justice then these are more suitable they cannot Considered Jersey is inhabited by Parishes and the houses are built not in Townes or Cities but scatteredly upon the severall Messuages and Tenements of Lands so that those Prerogatives of appointing some Officers which Kings had reserved to themselves belonging now to the Parliament there is no need of change in the Forme of the Civill Government of that Island This I grant might be desired that the right of having a Representor or two in Parliament to the end of a stronger Union to this Nation and of a speedier expedition of Necessaries from that Superior Power unto our people were for the future allowed to Jersey and Guernezé and that without diminution of their Freedom Liberties and Priviledges whatsoever not repugnant to the safe and well-being of the Commonwealth To conclude I know I need not mention any other of our Lawes here For this may be sufficient to munish as by Information all whom it concerneth against any attempts that may bee or have beene already made to alter our freedome And by this Patterne men may judge of the rest of the peece of our Lawes for Immoveables as inheritance for Moveables as Chattells for Prevention and Pardon and Punishment of Crimes for Procreation and Education for Measures for Association c. they are but few Neverthelesse many circumstances which to describe them fully should be inserted would require a greater Volume then the patience or leasure of most men would permit them to take notice of Therefore I will onely say this more That once every third year the Bailly accompanied with the Justices the Vicount the Procuror and Advocate the Constable and other the above-named Parish-Officers doth view all the Common wayes of each parish and where he findeth cause doth fine the owners of Hedges Trees Walls c. Incombering the Way or else the Sermentez for the Waves Moreover all the Officers of this Government are to continue quà m d ùse bené vesserint as long as they do behave themselves well and none of them longer for as soon as any one of them is convicted of any Crime as for example Bribe or the like he is outed shamefully our States having made bold many times to suspend the Baillyes themselves upon like occasion and to chuse a Judge Delegate in his place notwithstanding his Pattent under the Great Seale Finally There is such good Order in the administration of Justice That when any one hath a Cause in Law against any one of the Justices that same Justice must come downe and stand with his Peers and party Accusant at the Barre amongst the people so must the Bailly himself in like occasion Which hath therefore a Judge chosen appointed and sworn by the Bench to be impartiall in the Baillies causes The people have alwayes chosen the Justices and Constables from amongst the best sort and known honestest Gentlemen and respected them as their Fathers and Princes honour being their rewards except that the Justices when they signe any Deeds are to have two souces or two pences for their paine if they will take them the other Officers they respect also very much and use to chuse them from the best and honestest sort of the Yeomanry The Lord of righteousnes be pleased to lead us all into it according to these two Tests and Touch-stones of the equity or righteousnesse of all Laws Thou shalt love the Lord thy God with all thy heart with all thy soule and with all thy understanding and with all thy might and thy Neighbour at thy selfe That is doing nothing unto him but what in the like cause thy conscience thy inward knower and knowledge within thee granteth absolutely thou wouldest have done to thy selfe Amen FINIS
Freedome OR The Description of the Excellent Civill Government of the Island of JERSEY PUBLISHED By James Stocall Esq Collonel of a Regiment of the Trained Bands of the said Island consisting of 1500 men Under the Government of the Honorable Collonel Heane Governour thereof for the service of the Commonwealth of England London Printed for Robert Ibbitson 1652. To the Right Honourable Lieutenant Gen. Fleetwood Noble Lieut. Generall SUch great multitudes of men are daily importuning you with their implorations of Your favour and assistance that I still judge it more expedient and lesse troublesome to present mine in writing to your Honours to waite as I desire this description of the Civill Government of Jersey may doe for your best opportunity of consideration thereof Truly Sir now it hath pleased the Lord to bring me safe againe here from the reduction of that Isle I have thought it a part of my duty having been bold to promise it you heretofore and having found you so cordiall to bring that to passe so ready diligent and compassionate to help our poore Country-men out of their eight yeares exile and generally all the people of that place out of a most Tyrannicall bondage All which your Noble deeds are well knowne there For your Heroicall Actions every where for the Common-wealth have made your care of Mercy and Justice so highly famous that it begat in the poore Islanders strong hopes of your mediation towards the Parliament for the Patronization of their hitherto since the Divine Common-wealth of Israel unparalleld Freedome Michael Lempriere Esquire the Bailly of that Jurisdiction did lately send an Accompt of the said Government to the Parliament also particularly the same to the Counsell of State and to my Lord Generall but while he was intending one for your Honour the sad newes of the decease of your Noble and most Christianly vertuous Lady did cause him to forbeare judging it unfit to adde then trouble to your trouble by any importunity I must acknowledge the same consideration hath made me so much backward from presenting my selfe before you since my arrivall not any forgetfulnesse of the respects I doe owe to your Honour It is true you were at first in the Country yet now that I hope the Lord hath been pleased to begin to stirre up againe in your heart the power of that holy Spirit called the Comforter to moderate your just sorrow in a measure according to his will and that the publique good of my Country calleth upon my Conscience I must infringe somewhat the rules of Civility and importune you with these Lines which are abrupt because my particular Obligations could not let me be free from sadnesse when all honest people suffer a losse whereof you suffer the immediate affliction In this Description which is not different from that sent by the said Bailly but only in few things which he for brevitie sake omitted and I have added it being true that the true description of a thing must be like the same thing it selfe you will see a great excellence of Government in respect of all other Governments practised since the Common-wealth of Israel First because the People doth freely use to chuse and elect all their Officers except very few which were some at the Kings others at the Baillys denomination Secondly Because the Sufferers can procure the execution of our Lawes against any one that wrongeth them at very small expences and indeed ordinarily for nothing the Guilty being alwayes sentenced to all the Charges and Dammages he hath caused Thirdly Because the way and meanes to prosecute Justice in that Island is plaine common and easie full of Humanity Gravity and Civility and short without Circulations from Pilate to Herodes and from Herodes to Pilate back againe All in the naturall Language of the Inhabitants neverthelesse very Majesticall consequently terrible as much as possible to Evill-doers and comfortable to the lovers of Righteousnesse the true use of the sword of Magistracy Fourthly because there is a sufficiency of Officers to doe all Functions requisite for the procuration propagation and preservation of the publicke good not onely in necessaries but in contingencies also and that so prudently that every Parish being divided into convenient Divisions hath in each at least an Officer which over-seeth it and keepeth the wicked in awe so that no Vagabond or idle Fellow can be lurking any where to commit vices and not be taken notice of presently and prevented or apprehended the poore and the sicke visited constantly and taken care of by due distributions from the Treasure of the Parish and otherwise By this meanes also all Orders and Ordinances of the Magistrate Civill and Military are ordinarily published and made knowne to the people with much ease and without charges to the State at their very houses which may be done in few houres all over the Country although there is used also a generall way of Proclamations at the Market place in open Market time and on Sundaies immediately after Sermon in their Parochiall Assemblies so that in three houres all the people useth to be in a Body under their Armes for their defence After notice given so orderly none can plead cause of ignorance Collections and Leavies of Men or other things whatsoever are by this meanes presently done without charges to the State A good distribution is necessary to governe well Fifthly Because the Lawes used in the said Government are very few but sufficient distinct cleare short in Maximes or Sentences knowne of the very poore silly Women most of them very excellent Those that are not so may be abrogated for future time and better ones made in their roome Lastly No false Bargaines Sales or Cheating conveyances can be made in that Government Pray read it compare it with all others and I am confident you will esteeme it worthy the consideration of every good Common-wealths-man and pardon freely SIR Your very much obliged and sincere humble Servant JAMES STOCALL London March 1. 1651. THE Description of the excellent Civill Government of the Island of JERSEY THe Island of Jersey is divided in twelve Parishes every one of those sub-divided into severall Divisions called Vingtaines In each Parish there is a Constable a Centurion which is as the Constables Deputy as many Vingteniers as there are Vingtaines who are subordinate Officers to the Constables to execute those Warrants which are sent them by him who receives them first either from the Governor or Bailly There are besides those other Officers called Sermentez or Jurors to make up the number of Twelve with the Vingteniers in each Parish Those Twelve with the Constable make up a petty Jury to indite or free criminals when they first present them in Court The Constable and these Officers have power to search out and seise all manner of Malefactors whatsoever every one in his Parish and present them to the Bailly and Justices to receive condigne punishment There are also two Procurors or Atturneys