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
of JERSEY and Garnsey did of ancient time belong to the Dutchy of Normandy but when King Henry I. had overthrown his elder Brother Robert Duke of Normandy he did unite to the Kingdom of England perpetually the Dutchy of Normandy together with these Isles And albeit King John lost the Possession of Normandy and King Henry III. took Money for it yet the Inhabitants of these Isles with great Constancy remained and so to this day do remain true and faithful to the Crown of England AND THE POSSESION OF THESE ISLANDS BEING PARCEL OF THE DVTCHY OF NORMANDY ARE A GOOD SEISIN FOR THE KING OF ENGLAND OF THE WHOLE DVTCHY CHAP. II. Description of the Island THE Island of JERSEY is seated in the Bay of St. Michael betwixt Cap de la Hague and Cap Forhelles the first in Normandy the last in Bretagne both which Promontories may be seen from thence in a clear Day The nearest Shore is that of Normandy to which the Cut is so short that Churches and Houses may be easily discerned from either Coast It lies according to Mr. Samarâ—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 greater 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 Longitude as Bristol in England In Length it exceeds not 12 Miles The Breadth where it is broadest is betwixt 6 and 7. The Figure resembleth somewhat an Oblong long Parallelogram the longest Sides whereof are the North and South the narrowest 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 Hypothenusa the Surface of the Island which declines and falls gently from North to South according to the following 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 unexpressible Use and Advantage to so small an Island The Second Benefit which we receive from this Situation is that by this Declivity of the Land from N to S the Beams of the Sun fall more directly and perpendicularly thereon than if either the Surface was level 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 GUERNEZEY This Declivity of JERSEY is not a smooth and even Declivity as some may 't think The Surface is extremely broken and unequal 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 wider as they draw still nearer and nearer to the Sea where they end in several Flats of good Meadows and Pastures Mr. Poingdestre thought that this Unevenness and Inequality of the Surface added much to the Quantity and Proportion of the ground and that the Island was so much the more Capacious and Productive by how much the more the Surface was expanded rising with the Hills and descending with the Valleys But herein I must take the Liberty to depart from so great a Man It being demonstrable that a Country that is exactly level will contain as many Houses and Inhabitants will produce as many Trees Plants c. as another Country whose Surface is as uneven and unequal as can be but whose Basis or Plane is equal to the other Therefore the true Dimension of any Country is not to be taken from those Gibbosities that swell the Surface in one Place or those Profundities that depress it in another but from the true Basis or Plane of that Country The Nature of the Mould and Soil admits 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 profitable Culture and recompensing one way or other the Pains of the Labouring Husbandman 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 on the Owners of those Lands for detaining 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 Justice 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 The Island produces all Manner of
countenanced and encouraged 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 suppressed 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 allowing 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 appears from the following Letter sent by the Council to the Bailly and Jurats bearing Date Aug. 7. 1565. After our very hearty Commendations 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 Reformed agreably throughout in Doctrine as it is set forth in this Realm Knowing 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 Reformed Churches or as it is used in the French Church at London Her Majesty for divers Respects and Considerations moving her Highness is well pleased to admit the same Order of Preaching and Administration to be continued at St. Helier's as hath been hitherto accustomed by the said Minister Provided always that the Residue of the Parishes in the said Isle shall diligently put apart all Superstitions used in the said Diocese and so continue there the Order of Service ordained and set forth within this Realm with the Injunctions necessary for that Purpose wherein you may not 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 English 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 Opportunity 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 Elders of JERSEY Guernezey Serk and Alderney 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 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 October 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 Signature I call it an unlawful Assembly because it met and enacted Laws Ecclesiastical 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 Guernezey But the Governors got well by it for by that means the Spoils of the poor Deanries 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 Discipline 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. Vnto all those whom these Presents shall concern Greeting Whereas 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 Vse of the Government of the Reformed Churches in the said Dutchy whereof they have stood possessed until our coming to this Crown For this Cause we desiring to follow the Pious Example of our said Sister in this behalf as well for the Advancement of the Glory of Almighty God as for the Edification of his Church do will and ordain that our said Isles shall quietly enjoy their said Liberty in the Vse of the Ecclesiastical Discipline there now Established forbidding any one to give them any trouble or impeachment as long as they contain 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 'T is 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 contrary whereof appears from the very Words of the Letter written by her Council However matters stood thus till a New Governor coming to JERSEY and clashing with the Colloquy about the Right of collating to vacant Benefices which both Sides layed 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 themselves 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 Revived and conferred on the reverend Mr. David Bandinel one of the Ministers of the Island The New Dean and Ministers were injoyned to draw up a Body of Canons to be approved by the King which after several Corrections and Amendments made therein by
Archbishop Abbot the Lord-Keeper Williams and the Learned Andrews Bishop of Winchester commissioned thereunto by the King received the Royal Assent June 30. in the 21st Year of His Majesty's Reign and were thereupon 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 Counseller the Reverend Father in God Lancelot Bishop of Winton and to our Trusty and well beloved Sir John Peyton Knight Governor of our Isle of JARSEY 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 appertain Greeting Whereas we held it fitting heretofore upon the Admission of the now Dean of that Island unto his Place in the Interim until we might be more fully informed what Laws Canons or Constitutions were meet and fit to be made and established for the good Government of the said Island in Causes Ecclesiastical appertaining to the Ecclesiastical Jurisdiction to command the said Bishop of Winton Ordinary of the said Island to grant his Commission unto David Bandinel now Dean of the said Island to exercise the Ecclesiastical Jurisdiction there according to certain Instructions 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 conformed to the Ecclesiastical Government established in our Realm of England as near as conveniently might be And whereas also to that purpose our Pleasure was that the said Dean with what convenient Speed he might after such Authority given unto him as aforesaid and after his Arrival into that Island and the publick Notice given of his Admission unto the said Office should together with the Ministers of that our Isle consider of such Canons and Constitutions as might be fitly accommodated to the Circumstances of Time and Place and the Persons whom they concern and that the same should be put into Order and intimated to the Governor Bailiff and Jurats of that our Isle that they might offer to us and to Our Council such Acceptions and give such Informations touching the same as they should think good And whereas the said Dean and Ministers did conceive certain Canons and presented the same unto Vs on the one part and on the other part the said Bailiff and Jurats excepting against the same did send and depute Sir Philip de Carteret Knight Joshua de Carteret and Philip de Carteret Esquires three of the Jurats and Justices of Our said Isle All which Parties appeared before Our right Trusty and well beloved Councellors the Most Reverend Father in God the Lord Archbishop of Canterbury the Right Reverend Father in God the Lord Bishop of Lincoln Lord-Keeper of Our great Seal of England and the Right Reverend Father in God the said Lord Bishop of Winton to whom We gave Commission to examine the same who have accordingly heard the said Parties at large read examined corrected and amended the said Canons and have now made Report unto Vs under their Hands that by a mutual Consent of the said Deputies and Dean of our Island they have reduced the said Canons and Constitutions Ecclesiastical into such Order as in their Judgments may well fit the State of that Island KNOW ye therefore 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 Establishment of true Religion and Ecclesiastical Discipline in one uniform Order and Course throughout all Our Realms and Dominions so happily united under Vs as their supreme Governor on Earth in all Causes as well Ecclesiastical as Civil having taken consideration of the said Canons and Constitutions thus drawn perused and allowed as aforesaid do by these Presents ratify confirm and approve thereof AND further 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 Vs Our Heirs and Successors will and command that the said Canons and Constitutions hereafter following shall from henceforth in all Points be duely observed in Our said Isle for the perpetual Government of the said Isle in Causes Ecclesiastical unless the same or some Part or Parts thereof upon further Experience and Trial thereof by the mutual Consent of the Lord Bishop of Winton for the Time being the Governor 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 representing the Body of Our said Isle and by the Royal Authority of Vs Our Heirs or Successors shall receive any Additions or Alterations as Time and Occasion shall justly require And therefore We do further will and command the said Right Reverend Father in God Lancelot now Lord Bishop of Winton that he do forthwith by his Commission under his Episcopal Seal as Ordinary of that Place give Authority unto the said now Dean to exercise Ecclesiastical Jurisdiction in Our said Isle according to these Canons and Constitutions thus made and established De la Souveraineté du Roy. PRemierement selon 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 Cognoissance d'enseigner mettre en Evidence desclarer purement sincérement sans aucune feintise ou dissimulation le plus souvent que faire se pourra que les occasions s'en presenteront que toute Puissance Forreine estrangere Vsurpée pour autant qu' elle nâ aucun fondement en la Parole de Dieu est totalement pour bonnes justes Causes ostée abolie par conséquent que nulle sorte d'Obeissance ou Subjection dedans les Royaumes Dominions de sa Majesté n'est deüe à aucune telle Puissance Ains que la Puissance du Roy dedans les Royaumes d'Angleterre d'Ecosse d'Irlande autres ses Dominions Contrées est la plus haute Puissance sous Dieu à laquelle Toutes Personnes habitans natifs dans icelles doivent par la Loy de Dieu toute Fidélité Obeissance avant par dessus toute autre Puissance 2. Quiconque affermera maintiendra que la Majesté du Roy n'a la méme Authoritè en causes Ecclesiastiques comme entre les Juiss ont eû les Rois Religieux les Empereurs Chrestiens en