I shall begin with that of Edward III who had a particular kindness for this Island and as was said before made great use of it in his Wars with France EDOARDUS Dei Gratiâ Rex Angliae Franciae ac Dominus Hiberniae Omnibus ad quos Praesentes Litterae pervenerint Salutem Sciatis quod Nos gratâ memoriâ recensentes quà m constanter magnanimiter dilecti fideles Homines Insularum Nostrarum de JERESEY Guerneseye Sark Aureney in Fidelitate nostrâ Progenitorum nostrorum Regum Angliae semper hactenùs perstiterunt quanta pro Salvatione dictarum Insularum nostrorum Conservatione Jurium Honoris ibidem sustinuerunt tà m Pericula Corporum quà m suarum dispendia Facultatum 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 Angliae Franciae Dominus Hiberniae Omnibus ad quos Praesentes Litterae pervenerint Salutem Cùm Nobilissimus Progenitor noster inclytae Memoriae Richardus quondam Rex Angliae Franciae Dominus Hiberniae post Conquestam Secundus per Literas suas Patentes datas apud Westmonasterium octavo die Julii anno Regni sui decimo octavo in consideratione benigestûs magnae Fidelitatis quos in Ligeis Fidelibus suis Gentibus Communitatibus Insularum suarum de JERESEY Guerneseye Sark Aureney indiès invenit de gratiâ suâ speciali concessit pro se haeredibus suis quantùm in eo fuit eisdem Gentibus Communitatibus suis quod ipsi successores sui in perpetuùm forent liberi quieti in Omnibus Civitatibus villis Mercatoriis Portibus infrà Regnum nostrum Angliae de omnimodis Theloniis Exactionibus Custumis taliter eodem modo quo Fideles Ligei sui in sao Regno praedicto extiterunt ità tamen quoddictae Gentes Communitates suae haeredes successores sui praedicti benè fideliter se gererent ergà ipsum Progenitorem nostrum haeredes successores suos in perpetuùm prout in Literis illis plenius continetur Nos continuam Fidelitatem Gentis Communitatis dictae Insulae de JERESEY pleniùs intendentes Literas praedictas omnia singula in eis contenta quoad Gentem Communitatem ejusdem Insulae de JERESEY acceptamus approbamus eidem Genti Communitati haeredibus successoribus suis per Praesentes ratificamus Confirmamus Et ulteriùs Nos Memoriae reducentes quam validè viriliter constanter dictae Gens Communitas ejusdem Insulae de JERESEY nobis Progenitoribus nostris perstiterunt quanta Pericula Perdita pro Salvatione ejusdem Insulae Reductione Castri nostri de Mont-Orgueil sustinuerunt de Vberiori gratiâ nostrâ Concessimus c. Queen Elizabeth's Charter begins thus ELIZABETH Dei Gratiâ c. Quùm Dilecti Fideles Ligei Subditi nostri Ballivus Jurati Insulae nostrae de JERESEY ac caeteri Incolae Habitatores ipsius Insulae infrà Ducatum nostrum Normanniae Predecessores eorum à tempore cujus contrarii Memoria hominum non existit per speciales Chartas Concessiones Confirmationes Amplissima Diplomata illustrium Progenitorum ac Antecessorum Nostrorum tà m Regum Angliae quà m Ducum Normanniae ac aliorum quamplurimis Juribus Jurisdictionibus Privilegiis Immunitatibus Libertatibus Franchisiis liberè quietè inviolabiliter usi freti and gravisi fuerunt tà m infrà Regnum nostrum Angliae quà m alibi infrà Dominia Loca Ditioni nostrae subjecta ultrà citráque Mare quorum ope beneficio Insulae praenominatae ac Loca Maritima praedicta in fide obedientiâ servitio tam Nostri quà m corundem Progenitorum nostrorum constanter fideliter inculpatè perstiterunt perseveraverunt liberaque Commercia cum Mercatoribus aliis Indigenis ac Alienigenis tà m Pacis quà m Belli Temporibus habuerunt exercuerunt c. Quae omnia singula cujus quanti Momentisint fuerunt ad Tutelam Conservationem Insularum Locorum Maritimorum praedictorum in Fide Obedientiâ Coronae nostrae Angliae Nos ut aequum est perpendentes Neque non immemores quam fortiter fideliter Insularii praedicti ac caeteri Incolae Habitatores ibidem Nobis Progenitoribus nostris inservierunt quantaque Detrimenta Damna Pericula tà m pro assiduâ Tuitione ejusdem Insulae Loci quà m pro recuperatione Defensione Castri nostri de Mont Orgueil infrà praedictam Insulam nostram de JERESEY sustinuerunt indiésque sustinent non solâ—m ut Regia nostra Benevolentia favor affectus ergà praefatos Insularios illustri aliquo nostrae Beneficentiae Testimonio ac certis indiciis comprobetur verum etià m ut ipsi eorum Posteri deinceps in perpetuùm prout antea solitam debitam Obedientiam erga Nos haeredes successores nostros teneant inviolabiliter observent has Litteras nostras Patentes Magno Sigillo Angliae roboratas in formâ quae sequitur illis concedere dignati sumus Sciatis c. Here followeth the Preamble of a Commission 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 Commissioners Royal upon an extraordinary occasion 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 desire for the Establishment and maintenance 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 remaining as yet unto Vs in possession of Our ancient Dukedom of Normandy and have been and are the rather moved thereunto both for their intire and inviolate Fidelity born by them towards Vs 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 cause needing Our special Care and Regard to be had of them being thereby exposed to danger of an Invasion or Incursion of Foreign Enemies And whereas We are informed c. For these Causes know therefore that We have nominated 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 The Isles
used both in ancient and latter Days and upon extraordinary Occasions to send over hither special Commissioners authorized under the Great Seal who have always been Persons of Quality and Learning as Doctors in the Civil Law Masters in Chancery c. whose coming suspends the Ordinary Forms and Procedures of Justice But First they must shew their Commission in Court and have it there Enrolled And then they can in no Case concerning Life Liberty or Estate determine any thing contrary to the Advice and Opinion of the Jurats who are to Sit and Judge and make conjunctive Records 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 according to the Laws and Customs of these Isles 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 1. 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 2. Municipal and Local Usages which are our Unwritten and Traditionary Law like the Common Law in England 3. 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 4. 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 Authority without which nothing can be Law Nevertheless 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 Corporate for the good Government of those Societies No Act of Parliament can reach us wherein we are not particularly named It has been often wished that our Laws were collected methodized and digested into a System or Code A work that would be of very great Use in regard that not only all Causes and Suits within the Island whether by the ordinary Judges or extraordinary Commissioners 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 't is 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 distinguished into IV Classes or Courts The First is of those that respect the Property of Lands and Inheritance These we decide in a more solemn Assembly call'd La Cour d'Heritage i. e. The Court of Inheritance 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 present and without seven of them at least the Court cannot be kept that day without absolute 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 Gentlemen holding Fiefs from the Crown by that Service called in Records Secta Curiae are also to answer to their Names or be Fined 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 other 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 'T is said Three times a year because we have so many Terms and this Court is the opening of every Term. After the first day the Court is continued every Tuesday and Thursday 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 Coheirs 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 Consanguineorum and Jus Protimeseos the Property of Rents due for Lands let out in Fee-farm which we call Rentes Foncieres Reditus Fundiarius and such like The Second Court is that of Catel i. e. Chattels or moveables For tho' at present few Causes purely Mobiliary be determined in this Court as they were before the Extraordinary Court was set up nevertheless 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 Adjudication 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 Retrograding The last Creditor is asked whether 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 Decree is at an end and he is put into Possession of the Estate Such a one we call a Tenant If he says he will rather lose his Debt than take the Estate on condition to satisfie the other Creditors the Judge proceeds to him that stands next in Order of Time and so on Retrograding still and propounding the same Question to all till so many
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
Prayer and hearing of God's word whereat every one shall be bound to assist at a convenient hour and to observe the Order and Decency in that Case requisite being attentive at the reading and preaching of the Word kneeling on their Knees during the Prayers and standing up at the Confession of Faith and shall also testifie their Consent and Participation in saying Amen And in pursuance thereunto during any part of Divine Service the Church Wardens shall not suffer any interruption or hinderance to be made by the Insolence or Talk of any person either in Church or Church-yard 5. There shall be Publick Exercise in every Parish on Wednesday and Friday Mornings by reading the Common Prayer 6. When any urgent Occasion shall require an Extraordinary Fast to be celebrated the Dean with the advice of the Ministers shall give notice thereof to the Governor and to the Civil Magistrate to the end that by their Consent and Authority it may be generally observed for the appeasing of the wrath and indignation of God by a true and serious Repentance Of Baptism 7. Baptism shall be administred in the Church with fair and common water according to the Institution of Jesus Christ and without Limitation of days nor shall any delay the bringing 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 Communion Women alone 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 Supper shall be administred in every Church four times a Year whereof one shall be at Easter and the other 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 Communicants using the Words of the Institution 9. All Fathers and Masters of Families shall be exhorted and injoyned to cause their Children and Domesticks to be instructed in the Knowledge of their Salvation and to this End shall take care to send them to the Ordinary Catechizing Of Marriage 10. None shall Marry contrary to the Degrees 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 Sundays successively in the Parish Churches of both Parties and the Party of the Parish where the Marriage shall not be celebrated shall be obliged to bring Certificate of the Publication of his Banes in his own Parish 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 Parties 12. There shall be no Separation à Thoro Mensâ but in Case of Adultery Cruelty and Danger of Life duly proved and this at the Instance of the Parties And as for the Maintenance of the Woman during the Separation she shall have recourse to the Secular 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 Ordained after the Form used in the Church of England 14. None either Dean or Minister shall hold two Benefices together unless in time of Vacancy And the Originaries or Natives of the Isle shall be preferred before others to the Ministery 15. The Ministers every Sunday after the Publick Morning Prayers shall expound some Place of Holy Scripture and in the Afternoon shall handle some of the Points of the Christian Religion contained in the Catechism of the Book of Common-Prayers 16. In their Prayers they shall observe the Titles due to the King acknowledging him Supreme Governor 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 becomes his Profession and may preserve the Respect due to his Person And they shall be very circumspect in the whole Course of their Lives to keep themselves from such Company Actions and Haunts as may bring any blame or blemish upon them nor shall they dishonour their Calling by Games Taverns Usuries Trades or Occupations 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 Christnings 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 delivered to them fifteen Days before the Publication 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 having Abilities to exercise 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 concern the Service of God the Preaching of the Word Administration of the Sacraments Matrimonial Causes the Examination and Censure of all Papists Recusants Hereticks Idolaters and Schismaticks Persons perjured in Causes Ecclesiastical Blasphemers such as have recourse to Wizzards Incestuous Persons Adulterers Fornicators common Drunkards and publick Prophaners of the Lord's Day as also of the Prophanation of Churches and Church-yards Contempt and Offences committed in Court or against any Officers thereof in the Execution of the Mandats of the Court Divorces and Separation à Thoro Mensâ with Power to censure and punish them according to the Ecclesiastical Laws without Prejudice to the Power of the Civil Magistrate in regard of bodily Punishment for the said Crimes 23. The Dean accompanied by two or three Ministers shall once in two Years Visit every Parish in person and shall give order that there be a Sermon on the Visitation-day either by himself or some other by him appointed 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
Turon Abbatissa Cadom Monasterii Villers duodecimam Garbam Abbas S. Salvatoris Vice-com sextam Garbam Rector habet IV Virgas Eleemosynae valet XXX Lib. Turon Ecclesia Sancti Laurentii Patronus Abbas de Blancâ Landâ percipit tertiam partem Decimae Abbas S. Salvatoris Vice-com sextam Episcopus Aurensis medietatem Rector habet XVI Virgas Eleemosynae valet XXX Lib. Turon Ecclesia Sancti Salvatoris Patronus Archidiaconus Vallis Viris in Ecclesiâ Constantiensi Et est ibi Vicarius qui reddit Archidiacono annuatim XX Lib. Turon Dominus Episcopus Constantiensis percipit medietatem Decimae Archidiaconus tertiam Abbas S. Salvatoris Vice-com sextam Et habet Vicarius XXIV Virg. Eleemosynae Ecclesia Sancti Clementis Patronus Abbas S. Salvatoris Vicecom Rector percipit quartam quintam Garbam Abbas S. Salvatoris Vice-com Abbatissa Cadom Monasterii Villers residuum Et ibi XXIV Virg. Eleemosynae valet XL Lib. Turon Ecclesia Sancti Martini Veteris Patronus Abbas Caesariensis percipit ibi C. solid de Pensione Rector percipit tertiam partem Decimae habet XXVI Virgas Eleemosynae Abbas S. Salvatoris Vice-com sextam Garbam Abbatissa Cadom Monasterii Villers quartam partem valet LXX Lib. Turon Ecclesia de Grovillâ Patronus Abbas de Exaquio percipit quartam Garbam Abbas S. Salvatoris Vice-com sextam Abbatissa Cadom Monasterii Villers medietatem Rector percipit nonam Partem habet XII Virgas Eleemosynae Et valet communibus Annis L. Lib. Turon Ecclesia Sancti Helerii Patronus Abbas S. Salvatoris Vicecom percipit medietatem Decimae ex quâ medietate percipit Rector quintam Garbam Abbatissa Cadom Monasterii Villers quartam partem Rector habet .... Virgas Eleemosynae valet XL. Lib. Turon Quod autem vidimus legimus hoc Testamur In cujus rei Testimonium sigillum magnum Curiae Episcopalis Constantiensis praesentibus duximus apponendum Datum Constantiae A. D. 1461. 6 tâ Die Mensis Februarii At 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 Exemption from payment of First-fruits and Annates or Tenths to the King The impropriated Tythes of the Parish of St. Saviour by special Grant from the Crown have been annexed to the Deanry To each Church belongs a Fund or Annual 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 Sacred and Religious Uses But it is now more generally applied to the Publick Necessities of the Island To 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 We have also three Fellowships and five Exhibitions or Scholarships in Oxford belonging to JERSEY and Guernezey by Alternate Turns The first Founded by K. Charles I. of Blessed Memory induced thereunto by Archbishop Laud who intended by those Encouragements to draw off our young Students from Foreign Universities whither they generally went before and from whence they too often returned with Minds very much prejudiced 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 one 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 Conventus trium Ordinum i. e. Our Convention or Meeting of the three Orders or Estates 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 or Court of Justice as the First and noblest Body the Dean and Clergy as the Second and the XII High-Constables as the Representatives of the Commons The King's Procurator the Viscount and the King's Advocate tho' they represent no Estate being also admitted propter Dignitatem This 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 Present has Voice Deliberative No Estates can be held without Seven of each Body at the least nor can Foreigners preferred to Benefices be Members of this Convention unless 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 result whereof was a Regulation of that Power by two Consecutive Orders of Council in the Reign of K. James I to this Effect First Order Anno 1618. There shall be no Assembly of the States without the Consent of the Governor or of his Lieutenant in his Absence In which it is to be understood that the Governor or his Lieutenant in his Absence have a Negative Voice To the end it may be provided that no Ordinance may be agreed upon prejudicial to his Majesty's Service or the Interests of the People Second Order Anno 1619. Modifying 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 Governor or of his Lieutenant in his Absence it is now finally Ordered for Causes made known unto Vs 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 Except 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 Vs or the Lords of Our Council whereof he shall give as present Advice as possibly wind and weather may serve And concerning the Governor's Negative Voice in the making of Ordinances it is now also