Convoy Which brought so great an Interruption to Trade and Charge to the Nation that it was then understood of what Consequence the keeping of these Islands is to England and a Resolution was taken to spare no Cost for the Reduction of JERSEY This is an example which methinks should never be forgotten and I purposely insist thereon to shew what a fatal Error it would be to suffer the French to possess themselves of these Islands seated as they are in the Channel where instead of their own shallow Bays and Creeks they would find good Roads and safe Harbours if not for their greatest Fleets at least for their Pyracies While matters stood thus in England Prince Charles who was afterwards King Charles II came to JERSEY where he was received with a Joy equal to the Honour we received from his Presence amongst Us tho' even this was not without a great mixture of Sorrow for the Detention of his Royal Father who was then close Prisoner in Hurst Castle a most unhealthy place seated on a Point of Land that shoots far into the Sea destitute of fresh water and annoyed with the Salt and stinking Vapours that arise out of the neighbouring Marshes and for that very reason probably made choice of by the infamous Regicides to weary the good King out of his Life whom they were resolved one way or other to remove out of the World A Project was formed by some of our Loyal Islanders to rescue the afflicted King out of his Captivity and to bring him to JERSEY where the Prince then was The King was priviâ—y acquainted with the Design and was pleased to Consent to his removal to JERSEY But when the thing came to be executed it was unhappily defeated by the vigilancy of his Majesty's Keepers or rather by an unsearchable Providence which had decreed to make of that best of Kings the greatest Example of injured and oppressed Innocence that has been in the World since our blessed Saviour It is nevertheless no small satisfaction to Us that while too many others of his Majesty's Subjects looked unconcerned on his unparallel'd Sufferings we did our honest endeavours for the Preservation of his sacred Life so that at whosesoever door the Guilt of that Blood may lie we of this Island have blessed be God no otherwise contributed to the shedding of it than by our sins in general which added to the heap of the sins of the Nation drew down that heavy Judgment on Us all After the barbarous Murder of that blessed King his Son the undoubted Heir of all his Dominions was immediately Proclaimed and his Title recognized in JERSEY His Majesty was pleased once again to make some residence amongst Us. He came the Second time to JERSEY attended by his Royal Brother the Duke of York and several of the Loyal Nobility that adhered to him in his Exile Neither must I omit a very singular Honour which his Majesty did our little Island during his abode there He himself took a Survey of it and being well skilled in the Mathematicks did with his own Royal hand draw a Map of it so accurately done that to this day it is carefully preserved among a Collection of other noble Curiosities of Art and Nature in the Heer Van Adlershelm's famous Cabinet at Leipsich in Germany where it is seen by Travellers About this time Charles Fort was built which is an Out-work to Elizabeth Castle that commands the entrance and approach to it on the Land-side His Majesty being invited to a Treaty with the Scots he left JERSEY again but so highly satisfied with those many Demonstrations of duty and affection which in his greatest Distress he had received from the Islanders that while he lived he was pleased to retain a gratefull and a generous Sense of them The Treaty with the Scots went on successfully The King was Crown'd at Scoone Jan. 1. 1650 and soon after came into England at the head of a Royal Army to dispute his Right with the Usurpers of his Kingdoms The two Armies encountred at Worcester Sept. 3. 1651 where it pleased God again to give the Rebels such Success that the King not only lost the day but was forced to abscond with great danger of his Person till he found a passage into France where he Landed the 22d of October following In the mean while the Parliament in England was making great Preparations for the Reduction of JERSEY being strangely alarmed at the taking of so many of their Vessels by the Privateers of this Island who continued to annoy the Channel and were grown so bold that they would set upon English Ships in the very Harbours A Fleet of about Eighty Sails increased afterwards to a greater Number was set out for that Expedition under command of Admiral Blake while Major General Hains headed the Forces designed for the Descent The Fleet appeared in sight of the Island October 20. 1651. and the same day came to an Anchor in St. Oüen's Bay The Bay lies open to a Westerly wind which blows in so violently the greatest part of the Year and rolls in such a Sea that 't is very unsafe for Shipping But the same unaccountable Success that used to attend the Rebels in other places attended them here All the time they lay in this Bay they had so smooth a Sea that in the Memory of man the like had not been known at that Season of the year Which was no small Discouragement to our People who thought it in vain to sight against men that seemed to have the very Winds and Seas to sight for them But that indeed which quite dispirited them was the unhappy News they received at that time of the King's defeat at Worcester which came accompanied with a Report tho' false of his being taken in endeavouring to escape This brought such a Consternation amongst them and so sunk their Courage that they who at another time would have most gladly sacrificed their Lives to promote his Majesty's Affairs were ready to have laid down their Arms had not the extraordinary Conduct and Gallantry of their Governor Sir George de Carteret brought them on to fight The first day and the night following nothing was attempted by the Enemy The next day Octob. 21. early in the Morning their Cannon began to play which was answered by several little Forts and Redoubts in the Bay and by twenty four Brass-Field-Pieces which attend the Militia upon occasion Some of the lesser Frigats drew so near the Shore that they made use of their Small-shot which was answered with equal Bravery by our Men who wading into the very water fired briskly upon the Enemies calling them Rebels and Traitors and Murderers of their King The Battery lasted Four hours after which the whole Fleet drew off and went to St. Brelard's Bay distant about a League from that of S. Oüen where being all come to an Anchor they sent back a Squadron to St. Oüen the place where
they were before and sent others towards St. Aubin's Bay and towards St. Clement and Grouville meaning to tire and distract our Troops by making a shew as tho' they intended to Land in all those different places at once and accordingly several Companies were detached to attend their Motion The main Body of the Fleet lying still in St. Brelard's Bay together with the best part of the Camp to oppose their Landing October 22. the same day on which the King Landed in France tho' the good News came not to Us till some weeks after a little after Midnight and by Moon-shine the Enemies were observed to ship off in several flat bottom'd Boats which they had brought for that Service ten or twelve Battalions of Foot to the number of about 4000 Men as was conjectured in order to make a Descent which they attempted by break of day under the covert of their Ships which drew as near the shore as the nature of the place would give them leave sparing neither Powder nor Shot on this occasion But seeing themselves beaten from two small Forts that had been raised in the Bay and the Islanders drawn up upon the Sands in a posture to receive them they thought fit to retire to their Ships which forthwith weighed Anchor and returned to St. Ouen leaving only 19 men of War in St Brelard's Bay This obliged the Governor to follow them again to St. Oüen after he had posted some Companies of the Militia his own Company of Fuzeliers and all the Dragoons to observe those that remained at St. Brelard The Enemies being come to St. Oüen directed their Course Northwards to L'Etack the furthest Point of that Bay as if they had designed to Land there whither they were accordingly followed by the Islanders but it soon appeared their Design was only to harrass our Troops for they suddenly tackt about and steered to the opposite Point which Motion was likewise attended by our Forces on shore The Enemies playing all the while furiously with their Cannon which was answered in the same manner as the day before The Night coming on it was thought necessary to send the Troops which had been now three Days and two Nights under their Arms and had been extremely fatigued by so many Marches and Counter-marches and were also very much incommoded by a small Rain that had not ceased to fall since they were in Action to refresh in the neighbouring Villages The noble and indefatigable Governor with a few Horse that attended him not departing all the while from the Shore It must not be forgot that the Enemies were that Day reinforced by a Squadron of fresh Ships which joined the Fleet a little before Night That fatal Night which proved extraordinary Dark and under the Favour of it the Enemies landed a Battalion which as soon as discovered was with great Bravery and Resolution charged by the Governor and those few Horse that he had about him The Charge was bloody and desperate many of the Enemies being killed and mortally wounded but they poured on so fast that the Infantry that was dispersed about the Coast had not time to come up and second that small Body of Horse which certainly did Wonders by the Confession of the very Enemies themselves who have often said that such another Charge would have made them retire and perhaps give over their Design at least for that time And 't is probable they must have done so For the next Day such a Storm arose that had they not by a timely Reduction of the Island secured a Retreat into the Ports a great Part of their Fleet must have perished and been dashed against the Rocks nor could even that hinder one of their biggest Frigats from being so lost with all the Men in her The Enemies being landed marched up into the Island where they committed great Disorders turning the Churches into Stables abusing the Pulpits and Communion-Tables in a manner not fit to be named 'T were needless to mention the Sequestrations Compositions for Estates and other Vexations which the Inhabitants of this Island suffered at that time since they were common to all that adhered to the Royal Interest There was great rejoycing in England for the taking of JERSEY The Parliament did once fear that the Islanders in Despair and rather than own their Power would give themselves up to the French Or that the King urged by his Necessities would sell it to that Crown for a Summ of Money 'T is certain that a Letter came about that time to the Men at Westminster informing them that the late Earl of St. Albans and Sir Richard Greenvil were actually at the French Court treating about some such thing And tho' it proved a Mistake it served to quicken the Resolutions of the Parliament who wisely considered that if this Island with ten or twelve small Privateers and with none or little help from France was able meerly by the Advantage and Opportunity of its Situation to obstruct the Trade and Commerce of the Channel how much more would it be able to do so if by falling into the Hands of the French it should become a Retreat to all the Corsairs of that Nation Tho' the Island was reduced the Castles were not Sir George de Carteret shut himself up in that of Elizabeth with several of the Gentry and Clergy and the Garrison amounting in all to about 350 sighting Men. The Castle was besieged and several Batteries were raised on St. Helier's Hill that did little Execution besides beating down the Parapets which were soon repaired Then came the News of his Majesty's safe Arrival in France Whereupon Mr. Poingdestre was dispatched to his Majesty to acquaint him with the State of the Garrison In the mean while the Enemies seeing no great Effect of their Cannon caused a Battery of Mortars to be raised and threw Bombs into the Castle One of which falling upon the Church and breaking through two strong Vaults under which was laid a considerable Quantity of Powder with other Ammunitions and Stores blew up the Church and the adjoyning Buildings burying above Fourscore Persons of the Garrison under the Ruines thereof This Accident caused a great Consternation in the Garrison and hastned the Reduction of the Place But before the Governor would hearken to a Treaty he sent his Chaplain the Reverend Dr. Durel late Dean of Windsor Mr. Poingdestre not being yet returned to the King to know if he may 't expect Succour promising with a very small Force not only to keep the Castle but to drive the Enemies quite out of the Island The King after many fruitless Applications made to the French Court which was then at Poitiers and had begun by the Intrigues of Cardinal Mazarin to enter into a close Conjunction with the Powers in England sent back this Message to the Governor That he was highly satisfied with his Courage and Conduct in the Defence of the Island Being convinced no man could do
some Hundred Thousands of innocent People to quit their Habitations and seek in Foreign Countries that Liberty of serving God according to their Consciences which they were not suffered to enjoy at home Whereas by our remaining united to the Crown of England We live under a most easie and gentle Government We are subject to a most mercifull Throne from which we derive infinite Acts of Grace and Favour and to which we are never denied Access under our Pressures We enjoy the best Religion and have Communion with the best Reformed Church in the World May that Great God who presides over Human Affairs and in whose Hands are the Fates of Nations continue these Blessings to Vs the Inhabitants of this Isle and may we ever walk worthy of them May we so long as the World endureth remain united to that Crown from which under God these Blessings flow to Vs May Their Majesties by great and repeated Victories soon reduce their Enemies into a Necessity of Defending their own instead of invading the Dominions and Territories of others And may the whole English Nation be excited into a generous Compassion of those Dangers that surround Vs and be wrought into a Belief that we cannot perish without at least a great Diminution of their Glory ☞ The Reader may take a Character of that Great Man mentioned in the Preface from the following Inscription engraven on a fair Monument set up for him in the Parish-Church of St. Saviour where he lies Interred D. O. M. S. JOHANNES POINGDESTRE Armiger Heîc juxta situs Vir dum viveret In omni Scientiarum genere eruditissimus Utriusque praesertim juris peritissimus Graecanicis litteris ita doctus Ut priscis illis Athenis oriundum natum diceres CAROLO PRIMO Sanctissimo Regi Martyri Diu ab Epistolis Quo caeso Post horrendos Bellorum Civilium motus Quibus Regiis partibus constanter addictissimus interfuit Huc remeans In amplissimum Senatûs nostri ordinem ascitus Olim etiam Vice-Ballivus Multis maximisque exemplis editis Pietatis in Deum Ecclesiam Fidei in Principem Charitatis in Patriam Omnigeni Officii in Singulos Bonis hisce Artibus senescens Ad summam aetatem provectus Maturus Coelo Desideratissimus Terris Placidissimâ tandem morte obdormivit in Domino IV o Non. Sept. Anno Dom. MDCXCI Aetatis LXXXIII Patri Optimo Amantissimo Exiguum hoc Pietatis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Moerens Filius CAROLUS POINGDESTRE P. C. THE CONTENTS CHAP. I. A Short History of the Island CHAP. II. Description of the Island CHAP. III. Military Government CHAP. IV. Civil Jurisdiction CHAP. V. Religion CHAP. VI. Convention of the Estates CHAP. VII Priviledges A New Accurat MAP of their MAJESTIES Island of JERSEY Drawn from the Survey of Philip Dumaresq Esq Seigneur of Samares by Tho Lemprier Philomat The Arms and Seal of the Island and Bayliwick of JERSEY Given by K. Edward I. Anno Regiâ—â— Gules Three Leopards passant gardant â—r London Printed for Iohn Newton at the 3 Pigeons â—veragainst the Inner Temple Gate in Fleetstreet 1694. AN ACCOUNT Of the Isle of JERSEY CHAP. I. A Short History of the Island WE have no certain Account when or by whom this Island was first Inhabited Which will not seem strange to any that considers the great Uncertainties of Primitive Plantations We want not our Legend which may 't perhaps deserve as good Credit as those whereon some of the Greatest Nations build their Fabulous Original This seems to be more certain That this Island was known and in some esteem in the time of the Romans as appears from the Emperor Antoninus his Itinerary where it is mentioned under the Name of CAESAREA tho' 't is uncertain again from which of the Caesars it was so called and as appears likewise from the Remains of Roman Camps and Fortifications yet to be seen in this Island One of those Fortifications being by Ancient Tradition called to this Day La petite Caesarée no doubt because it was a Camp of one of the Caesars The Modern Name of JERSEY GERSEY or GEARSEY is thought to be but a Corruption of that of CAESAREA For ey in the the Language of those Northern Nations which over-run Europe about a Thousand Years ago signifies an Island as in the word Angles-ey i. e. the Isle of the Angles And Jer Ger or Gear is a Contraction of Caesar as in the Name of Cherburg or Gerburg an Ancient Town of Normandy so called from the Latin Caesaris-Burgum JERS-EY is as if one should say Caesar's Island It was also some time known under the Name of AVGIA For so it is called in that Donation which Childebert King of France who reigned from the Year 511 to 558 made of this and the other Islands to Sampson Archbishop of Dol in Bretagne Which Donation is found in the Life of that Bishop an Ancient MSS preserved in the Archives of Dol and attested by Dargentré And so likewise it is called in an old Fragment taken out of the Abby of Fontenelles in Normandy mentioned by Du Monstier in his Neustria Pia and extant in the third Tome of Andreas dn Chesne his Scripto res Coaetanèi Histor Franc. In which Fragment near as ancient as Charlemagne 't is said concerning Geroaldus Abbot of Fontenelles that Is quadem Legatione fungebatur jussu Caroli Augusti in Insulam cui nomen est AVGIA est adjacens Pago Constantino i. e. That he was then discharging the Office and Function of Imperial Legate by Command of Charles the Great in an Island whose name was AUGIA and is adjacent to the Town of Coûtance in Normandy 'T is very plain that this AUGIA where Geroaldus was sent could be no other than JERSEY which lies directly opposite to and within view of Coûtance and is usually known and described in ancient Writers by that very Character Thus Gregorius Turonensis speaking of JERSEY calls it Insulam Maris quod adjacet civitati Constantinae Aymonius Monachus calls it Insulam Maris quae adjacet Constantiae Papirius Massonius Insulam Constantini Littoris and Gaguinus Insulam Constantianae Dioecesis The Learned Mr. Poingdestre is of opinion that the Name of AUGIA is the ancient Name of this Island and that it was so called among the old Natives and Neighbours the Lexobii and Armorici who inhabited Normandy and Bretagne long before the Romans called it CAESAREA and the Normans corruply after them JERS-EY and that this Name was also for some Ages after continued among them However that of CAESAREA or JERS-EY has in length of time quite prevailed and out-worn the other AUGIA has been the ancient Name of other Places In Homer we find 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. The lovely AUGIA It was a Town of the Locrians in Greece And to this day a part of Normandy is called Normannia Augiaca i. e. Le Pais d'Auge This Island was in Old Time Parcel of
Place And yet even those few were enough to have held it against a whole Army For the Land is so high and unaccessible on all Sides and the Steps leading up so steep and narrow that one Man arm'd only with Stones may 't have kept out a Thousand This Island notwithstanding was taken by a small Company of Flemings Subjects of K. Philip Husband of Q. Mary who coming in the Night to one of those Paths and finding it unguarded went up without Resistance and took the French Prisoners This is the Account which we have of that surprize from a Manuscript History of JERSEY written by an Anonymous Author in the Year 1585 But Sir Walter Raleigh who was sometime Governour of JERSEY and being a sagacious and inquisitive Person informed himself exactly of all the Singularities of these Islands gives a very different Relation of it For he says it was taken by a Stratagem which he preferreth to many of the Ancients The Island of Sark says he joyning to Guernezey and of that Government was in Queen Mary's time he should have said in King Edward the VIth's time surprized by the French and could never have been recovered again by strong hand having Cattle and Corn enough upon the place to feed so many Men as will serve to defend it and being every way so inaccessible that it might be held against the Great Turk Yet by the industry of a Gentleman of the Netherlands it was in this sort regained He anchored in the Road with one Ship and pretending the Death of his Merchant besought the French that they might bury their Merchant in hallowed ground and in the Chappel of that Isle Offering a Present to the French of such Commodities as they had aboard Whereto with condition that they should not come ashore with any weapon no not so much as with a Knife the French yielded Then did the Flemings put a Coffin into their Boat not fill'd with a dead Carcass but with Swords Targets and Harquebuzes The French received them at their Landing and searching every of them so narrowly as they could not hide a Penknife gave them leave to draw their Coffin up the Rocks with great difficulty Some part of the French took the Flemish-boat and rowed aboard their Ship to fetch the Commodities promised and what else they pleased but being entered they were taken and bound The Flemings on the Land when they had carried their Coffin into the Chappel shut the door to them and taking their Weapons out of the Coffin set upon the French They run to the Cliff and cry to their Companions aboard the Fleming to come to their Succour But finding the Boat charged with Flemings yielded themselves and the Place I have seen a Manuscript which confirms the taking of this Island by such a Stratagem but the other Circumstances of Time and Persons agree not with the foregoing Story From Queen Mary's time to this the French never set foot in a hostile manner on JERSEY ground Queen ELIZABETH had scarce any War with France all the time of her long and prosperous Reign She had another Enemy to deal with viz the Spaniard Whose aims at the universal Monarchy were defeated by the Felicities of that Queen But that incomparable Princess knowing that 't is a great part of Wisdom in the profoundest Peace to provide for War had even at that time a carefull eye on the safety of these Islands She begun that noble Castle in JERSEY which from her is to this day called Castle Elizabeth but lived only to finish that part of it which is above the Iron-gate and is called the upper Ward the lower parts having been since added to that Fortification King JAMES was a most pacifick Prince He thought these Islands in no danger while he lived and therefore took the less care for the Military defence of them But it was he that setled Religion in JERSEY and that brought Us to a Conformity to the Church of England A work doubtless more acceptable to God and for which his Name will be perpetuated amongst Us no less than if he had invironed this Island with a wall of Brass A work of all others the most congruous to his peaceable Reign Thus when God resolved to have a Temple among the Jews he chose the peaceable Reign of Salomon and not that of David tho' otherwise a most excellent Prince because he had been a Man of Blood We are come to a Reign full of Troubles that of King CHARLES I numbered among the Good but unfortunate Princes This Island had a deep share in the Sufferings of her King His early Match with a Daughter of France could not hinder a War from breaking out soon after betwixt the two Crowns In the Year 1627. the King sent Forces under the command of the Duke of Buckingham for the relief of Rochel And tho' that Expedition proved unsuccessfull yet the Landing of an English Army in the Isle of Rhee was so resented by the French that they resolved to revenge the Affront by a like Descent the Year following on the Isles of JERSEY and Guernezey Which design had been certainly executed had it not been timely discovered and notice thereof given to the Council in England Whereupon the Earl of Danby as Dr. Heylin who attended him in the Voyage informs us was ordered to go over into these Islands and to provide for the Safety and Security of them Which was done accordingly The Garrisons were re-inforced the Magazines were stored with all manner of warlike Provisions the People were exhorted to remember their ancient Loyalty to the Crown of England and all things were put into a posture of Defence But the French came not And to strengthen more and more the Isle of JERSEY against any Attempts that might be made from France new Fortifications were added to Elizabeth Castle which about that time became the Residence of the Governour Then began to be built that part of it called the lower Ward which takes up the ground whereon stood once the Church and Abby of St. Helier which work was carried on and finished in this Reign The Flame of an unnatural War being soon after kindled in the bowels of the Kingdom betwixt the King and his discontented Subjects the Island of JERSEY was secured for the King by Sir George de Carteret who held it several years against the whole power of the Rebels It pleased God in his infinite Wisdom to permit those wicked men to get the better of their King They beat his Armies out of the Field and seized his Person Yet even amidst all their Prosperities this little Island was still a Thorn and a Goad in their sides Ten or twelve small Frigats and Privateers were fitted out of JERSEY These so infested the Channel that not to mention the many Prizes they daily took from them and brought in here and into St. Malo's not an English ship could pass the Channel without
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
Trees Shrubs Fruits Roots Flowers and Herbs Medicinal Aromatick or Esculent all Sort of Pulse and Corn as groweth in England the latter indeed not in the same Quantity nor Perfection Pulse and Corn being generally here of a smaller Size Since the great Improvement of Cidar there is so little Malt made in this Island and consequently so little Barley converted to that Use that it serves to the poorer People to make Bread of which to the Eye appears indeed black and course but is very wholsome and nourishing and not ungratefull to the Palate When Dr. Heylin came into this Island he found the People more addicted to Tillage and Husbandry than to Manufactures and Navigation And accordingly in his Cosmography he says That the Island is generally very fruitfull of Corn whereof the Inhabitants have not only enough for themselves but some Overplus to barter at St. Malo's with the Spanish Merchants The matter is much altered since the Doctor was here The People have changed their Inclination And the Island doth not now produce that Quantity as is necessary for the Use of the Inhabitants who must be supplied from England or France in time of Peace or from Dantzick in Poland to which Last they did very much resort of late invited thither by the Cheapness of the Market This Decay of Tillage amongst Us has sprung from a Coalition of such Causes as these As 1 From the Improvement of Navigation and Foreign Commerce which took away many hands which were before imployed in working at the Ground and which brought us Corn from Outlandish Markets cheaper than the Husbandman could afford it at home 2 From the increase of the Stocking-Manufacture which to speak truth has rendered the generality of our poorer People idle and lazy and has given them an aversion to Husbandry as a more painfull Occupation 3 From the conversion of the best Arable grounds into Gardens and Orchards for the groweth of Cidar a Commodity with which we are now over-stockt while we want the more necessary Support of Life Tho' it must be confessed that since the present War which has ruined our Trade our People sensible of their Error and press'd by the evident Necessity of the thing have applied themselves with more Industry to an Exercise which they had neglected and have begun to put their hands again to the Plough So that we may soon grow up to a condition of subsisting if not wholly from our selves yet with a little help from England I may 't have named another great Obstruction to Tillage but such a one as can hardly now be removed 'T is the prodigious augmentation of Inclosures Fences Hedge-rows and Highways which tho' they add much to the Beauty and perhaps Strength of the Island yet hold they no Proportion with the Bigness thereof and waste a great deal of good Land which may 't be turned to better Account For I am of Opinion that these which I have mentioned together with the Gardens Orchards Situation Avenues and Issues of Houses take up very near one Third of the whole Island One is not to imagine such Fences here as in England but great Bulwarks of Earth for so I think I may properly call them raised with great Labour and Expence from 6 to 8 and sometimes 10 Foot high with a Thickness and Solidity answerable to the Height planted with Quick-sets or Timber-Trees many of them faced with Stone to a competent Height as you see the outside of a Curtain or Rampart in a Fortification And for such they may 't serve against a prevailing Enemy to whom we may 't dispute every Field But still I say they are attended with this Inconvenience that they are too much multiplied and take up too much Ground in a Country where there is already little enough in Proportion to the inhabitants These Inclosures are great Enemies to the Pleasure and Diversion of Gentlemen who cannot well hunt especially on Horseback but about the Sea-coasts where a few of the worse Grounds remain open or inclosed with low Fences Having mentioned the many Highways as great wasters of the Ground I shall add that there are three Sorts of them in this Island 1 Le Chemin du Roy i. e. The King's High-way which is to be 12 Foot broad besides 2 Foot more on each Bank or Side in all 16 Foot 2 Le Chemin de 8 pieds i. e. The 8 Foot way of 8 Foot in the middle and 4 Foot by the sides in all 12. 3 Le Chemin de 4 pieds i. e. The 4 Foot way like the Roman Actus serving only for Carriages on Horseback Over all these there are in every Tything particular Officers appointed to inspect them And yearly about Midsummer there is a Perambulation of the Magistrates in one or more of the Parishes to inquire in what Repair these ways are kept which is performed very solemnly The Constable of the Parish where the Perambulation is to be takes with him 12 of the Principal Men of his Parish and meets the Judge attended by 3 or more of the Jurats on Horseback Before whom rideth the Viscount or Sheriff with his Staff of Office erected one End thereof on the Pommel of his Saddle In ancient times it was cum Lanceâ with a Launce He keeps the middle of the way the Constable and his 12 Men walking on foot by his side and when his Staff encountereth with a Bough or Branch hanging on the way the Owner of the hedge is Fined But if the fault be in the bottom of the way not the Party bordering but the Over-seers for that Tything are amerced We had anciently another way and of very different Use called Perquage from the word Pertica because it was exactly 24 Foot broad which is the measure of a Perch There were but XII of them in the whole Island beginning one at every Church and from thence leading straight to the Sea The Use of them was to conduct those who for some Capital offence had taken Sanctuary in any of the Churches and had been forced to abjure the Island according to an ancient Custom practised amongst Us in those days Having abjured they were conducted by the Church-men along those Perquages to the Sea which Perquages were still a Sanctuary to them for if they stray'd never so little they lost the benefit of the Sanctuary and were liable to the Law These Perquages may be ranked among the Singularities of this Island but the Reformation that abolished Sanctuaries abolished these also Our manner of Agriculture differs from that of England I shall mention one thing onely which I thought singular to This and the adjoyning Islands till I found it used likewise in those of Feroe Which is that Nature having denied Us the benefit of Chalk Lime and Marl has supplied Us with what fully answers the end of them in Husbandry 'T is a Sea-weed but a Weed more valuable to Us than the