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A61642 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. Stocall, James. 1652 (1652) Wing S5691A; ESTC R222041 7,464 19

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of the publick Revenue and Treasure of each Parish which are accomptable to the Constable and those Officers which have the dispensation of the same as they represent the parish Besides there it a Provost in every Parish as the name signifies Warner so their Office is to Summon or Warn any Parties who have Suites in Law together to appear before the Bailly and Justices who decide those differences Those Summons are in a very short and pithy forme either written by the parties themselves or any body else Provided that he that writes them must subscribe them And the Provost warneth the parties in many causes for nothing in others for a penny Moreover there is in every Vingtaine one Sermenté Juror or sworn man for the High-ways and common-paths to see them duly repaired and in order All these Parochiall Officers are elected and chosen by the Votes of all the Parishioners great and smal poore and rich then presented to the Bailly who giveth them Oath to exercise their severall Functions The whole Island is generally ruled by the great Court so called in relation to inferior Courts of which hereafter mention shal be made held in a fair Cobuë or Court-House erected for that purpose The Assembly there consists of the Bailly Twelve Jurates or Justices the Kings Procurator or Atturney so called heretofore the Kings Advocate or Solicitor heretofore the Vicount or Sheriffe the Greffier or Clerk of the Court the Denuntiator or Under-Sheriffe five or six Advocates at the Ballys discretion an Huissier or Door-keeper The Bailly heretofore was nominated by the King and had his Patent under the Great Seale of England He is the Head and President of the Court collects the voyces of the Jurates and pronounceth the Sentence according to their plurality but if equality then he hath the casting voyce The twelve Jurates or Justices are chosen by the suffrages or voices generally of all the Islanders without exception and sworn in the Court by the Bailly The Procurator and Advocate were named by the King their Offices was to plead for the Kings Rights and to see all manner of crimes punished They might also plead betwixt party and party The Vicount was also nominated by the King his Office was to arrest and imprison Debtors after Judgement of Execution given and never before to seize goods when he is so appointed to do by the Court and to sell them at the Market place on publick dayes to those who wil give most to be applyed for the payment of Creditors who may redeem them fourteen daies after He taketh Inventories of Orphans goods and sometimes selleth them at Out-cries for their use and behoofe he is Clerke of the Market hath the care of all sorts of Measures for dry and liquid Wares Hee lookes to the Water-Courses of Rivolets and Brooks with some Officers with him that all might be in good order for the benefit of the Inhabitants He is also Crowner and Cryer of the Court The Denuntiator hath the like power in the Vicounts absence with many other cares conducing to the accommodation of the Islanders The Greffier or Clerk of the Court doth inrole all the Sentences pronounced by the said Bailly And that sedente curiâ in very faire Register-Books of which he hath the keeping as of all the ancient Records Archives Priviledges Franchises Liberties and Immunities heretofore granted to the Inhabitants by the late Kings and Queens of England under the Bailly who hath that care from Superiour Authority The Advocates Offices are to plead for partyes which they doe for very small and easie Rates viz six pence by reason that the people of all Sorts and Sexes and upon all manner of Pleas may and doe plead their own Causes and have as much audience as the Advocates themselves There is also another Officer of high concernment in the Island called L' Enregistreur or Register who doth Register all and all manners of Deeds which passe under the common Seale of the Isle as partitions of Lands or Wheat-Rents either in Fee-Farme or for ready mony Letters of Atturney Morgages Bonds c. for three pence each All which are written in a compendious manner without Equivocations or Lawyers Quiddities and passe all by Oath administred to the Parties by the Bailly in the presence of one or more of the Jurates neither to do or cause to be done any thing against their Demises upon paine of perjury all written in our naturall tongue Neither are the Deeds Authentiques unlesse the Bailly and two Jurates at least are signed in them besides the Seal Of this Seal the Bailly is keeper but it is sealed in a Bag by some of the Justices under their seals and not opened but in their presence The Impresse of it is three Lyons Passant with an Inscription bearing Sigillum Insulae de Jersey The nomination of the Greffier Denuntiator Register Inferior Advocates Huissier belongeth to the Bailly The great Court is kept very solemne at their Assizes or opening of their Courts in the beginning of the Termes The Governour being present to answer for those Lordships that owe their Compearance or appearing at the said Assizes whereof there is a good number Likewise all the Justices and Officers of the Court with the Provosts and other Lords of Mannors which hold in Capite and other Frank-Tenants which are duly called according to their Ranks And Fines set upon those which doe not appeare And if they failed foure times together their Lands were put in the Kings Possession They keep three sorts of Courts though with the same Judges viz. The Court of Heritage the Court of Cattell and the Court of Remedies or the Court Extraordinary In the first Court is treated of Inheritance as partitions of Lands betweene Co-Heires and in fine of all differences which do arise for Lands or any Rents that are for ever The benefit of retyring of Inheritance sold is granted to the first of the kindred that doth claim it within a year In the second called the Court of Cattell first of all Criminall Causes which are determined definitively without Appeale except those of High Treason the cognizance of which the King reserved to himselfe but are judged with the greatest Discretion and Favour that can be imagined For first a Malefactor being brought before the Judges by the Constable and his Sermentez which make the petty Jury before mentioned if they have found the Malefactor seised of any Goods or vehement suspitions after examination of Witnesses in their presence they having the freedome to refuse any of them upon evidences of hatred or malice either of Theft Murther or Witchcraft then their Verdict is That they thinke in their Consciences they are guilty of the Fact which is called Indictment whereupon the Parties so indict d are demanded Whether they will be tried by the Bench or the Country by the Bench is meant the Bailly and the twelve Justices whereof there must be seven of them at least of one
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