ROBERT his elder Brother seized the Crown and kept it while himself lived Normandy with these Islands remaining in the Possession of ROBERT who made a shift to hold them during the Reign of his Brother Rufus There was a Pact of mutual Succession betwixt the two Brothers But Rufus being suddenly killed by the glance of an Arrow as he was hunting in the New Forest while Robert was with Godfrey of Bouillon and other Noble Adventurers fighting against the Sarrazins for the recovery of the Holy Land the Crown was again seized by Henry Beauclerk third Son of the Conqueror and so Robert twice one after the other excluded from the Succession of England by his younger Brothers Still nevertheless he kept possession of Normandy and of these Islands He was a brave but unfortunate Prince He won such Reputation in the Holy War that after the taking of Jerusalem he was by common Consent of all the Princes in the Christian Army chosen King of that newly conquer'd Kingdom But having then the Crown of England in his eye he declined that honourable Offer after which it has been observed that he never prospered For at his return from the Holy Land he found not only that Crown which was his by Right of Primogeniture fast on the head of young Beauclerk but himself reduced to the necessity of defending Normandy against his Brother who plainly now endeavoured to out him of all The War grew hot betwixt them in which the Fortune of Henry prevailing Duke Robert was taken his eyes put out and himself imprisoned in Cardiff Castle where he languished about Twenty six years in great Misery till with the extreme Indignities his Brother continued even then to put upon him his great Heart broke The Body of this injured Prince lies interr'd in the Cathedral Church of Glocester in as mean a Tomb as that of his Father at Caen for I have seen both Were Men allowed to search into the Counsels and Judgments of God one would be very apt to suspect that the misfortune which sometime after befell King Henry in the loss of his Children shipwrack'd in their passage from Normandy to England was an effect of the Divine Vengeance and Indignation for his Cruelty and Injustice to his Brother The young Princes the eldest of whom bore the Title of Duke of Normandy and with it the weight and load of his Father's sin were driven by the storm among these Islands and were cast away upon Casquet a dangerous Rock two Leagues West of Alderney where they miserably perisht After the Reduction of Normandy and of these Islands by HENRY he declared them unalienable from the Crown of England in which State they remained under the succeeding Reigns of STEPHEN of Blois Grandson of the Conqueror by his Daughter Alice HENRY II. Son of Maud the Empress who was Daughter of Henry I. RICHARD I Sirnamed Coeur de Lion Son of Henry II. But under the unfortunate Administration of King JOHN who was Brother of Richard I and succeeded him in the Kingdom the Dukedom of Normandy tho' not these Islands was lost on this occasion Henry II had among other Sons these Three following 1. Richard to whom he left the Kingdom and who died without Legitimate issue 2. Jeffrey who died in his Father's Life-time leaving a Son called Arthur Duke of Bretagne in Right of his Mother And 3. John Count de Mortain in Normandy afterwards King Upon Richard's Death the right of Succession devolved on Arthur his Second Brother's Son But John stept in betwixt him and the Crown whereupon the young Prince applies himself to Philip Augustus King of France for Protection and Succour against his Uncle that had stript him of his Inheritance The French who have always found their advantage in our Civil Distractions and have accordingly always improved and fomented them were glad of the opportunity offered A Quarrel was pickt with King John on the Prince's account but so managed that it soon appeared that persidious Nation pursued their own ends more than the Interest of the Prince whose Title they had undertaken to defend Which the Prince himself seeing reconciled himself once to his Uncle but that held not long To be short the poor Prince fell into the hands of the exasperated King by whom he was shut up close Prisoner in the Castle of Rouen in Normandy and soon after was found dead in the Castle-ditch whether made away by the Jealousie of his Uncle as some suspect or that himself not brooking so severe a Restraint and endeavouring to escape perished in the Attempt as is given out by others is uncertain Upon this Philip Augustus to embroil more and more the King's Affairs chargeth King John with the Murder of the Prince and on pretence that he was his Vassal for what he held in France cites him before the Parliament of Paris to answer the Accusation Where the King not thinking it consistent with his Dignity or Safety to appear was condemned as a Felon and as such declared to have lost and forfeited his Right to Normandy and to all other Estates which he held as Fiefs of that Crown which were seized accordingly an Army being ready to execute the Summary Sentence and the King's hands so full of other business at home that he was forced to sit still and see those fair Provinces torn from him without being able to apply a sutable Remedy to so great an Evil. The French having thus possessed themselves of Normandy invaded these Islands Twice they entred them and twice they were beaten out of them again The Inhabitants had under their Dukes contracted a great Aversion to the French and stood stoutly on their own Defence The King himself looking on them as the last Plank left of so great a Shipwrack and that they would always serve to shew his Right to that Dukedom to which they had once belonged and might perhaps one time or other be a means to recover it resolved to keep them whatever they cost him and accordingly hastned himself over hither and was twice in Person in JERSEY Which he caused to be fortified and gave special Order for the Custody and Safeguard of the Castles and Ports which before lay too open to the Enemy To this King therefore we owe our Preservation From him we have many Excellent Laws and Priviledges which he granted us at his being here and which have been confirmed to us in after-times by his Successors Kings and Queens of England Him for that reason we must consider as our special Benefactor and whatever ill things may be otherwise said of him must in Gratitude have a Veneration and an Esteem for his Memory K. John died An. 1216. His Son HENRY III. was so plagued by his Rebellious Barons who had set up the Title of Prince Lewis of France Son of Philip Augustus against his Father and Him which pretended Title of Lewis was in right of his Wife
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
the Province of Neustria corruptly so called for Westria Westenrick or West-France because seated on the most Western shore of the great Empire of the Franks which extended from the Sea to the Banks of the Danube as the more Eastern part was called Austria Oostenrick or East-France and with the rest of that great and rich Province was given to Rollo and his Normans Originally Danes and Norwegians who from their own Name called the said Province Normandy Given I say by Charles IV sirnamed the Simple King of France in the Year 912 From which time to this this Island never returned to that Crown as the rest of that Province hath since done tho' it was not added to the Crown of England till the Year 1066 when William sirnamed the Bastard and the sixth Duke of Neustria or Normandy from Rollo invading England and Conquering it transferred that Dukedom and with it this Island to the English Diadem By which account it appears that reckoning from this preset time 1693 it is not less than 781 years since this Island was dismembred from the Crown of France by the Donation of Charles the Simple that it hath been 154 years under the Descendants of Rollo while they continued Dukes of Normandy only and that 't is 627 years since 't is subject to the Kings of England This gives the Inhabitants of this Island the Preference in point of Antiquity to most others of Their Majesties Subjects Ireland not being subdued till the Reign of Henry II nor Wales reduced till that of Edward I nor Scotland united till the beginning of this last Century to say nothing of Foreign Plantations which are yet most of them of a later Date I speak not this to derogate from the Honour of Kingdoms and Principalities which do vastly exceed Us in Expansion of Country and have brought a far greater Addition of Power to the English Empire but to shew Their Majesties ancient and indisputable Right over Us together with that long and faithfull Subjection which our Fathers have paid to that Crown which Their Majesties derive from a Succession of so many Royal Progenitors We find but little in ancient History concerning this Island till the coming of the Normans who struck such Terror in all places where they passed that in the publick Litany after these words From Plague Pestilence and Famine was added and from the fury of the Normans Good Lord deliver us By the advantage of their Shipping they ransackt the Maritime Coasts of France burning and destroying all before them They were Pagans and therefore their Fury fell more remarkably on Churches and Religious Houses Persons and Things consecrated to God No place could be more open and exposed to their Incursions than this Island where they committed the same horrid Outrages they did elsewhere leaving Us among others this Monument of their Cruelty There dwelt at that time in this Island a Devout and Holy man famous amongst Us to this day for the Austerity of his Life whose little solitary Cell hewn out of the hard Rock is yet to be seen in a small Islet close by Elizabeth Castle His name Helerius or Helier mistaken by some for St. Hilary Bishop of Poitiers who was never here Him the Normans slew at their coming into this Island adding thereby to other things which this Island Glories in the honour of having given a Martyr to the Church For under that Name we find him Recorded in the Kalendary or Martyrology of Coûtance in these words XVII Kalend. Aug. Constant in Normannia Festum St. Helerii Martyris à Wandalis in GERSEIO Insulâ occisi And the Author of Neustria Pia speaks thus of him and of the place of his Martyrdom GERSEIUM GERSOIUM seu GRISOGIUM vulgò GERSE Insula est ad Mare oceanum Dioecesis Constantiensis in quam S. Praetextatus Archiâ—piscopus Rothomagensis posteà Martyr relegatus est an 582. Illustrior autem haberi coepit ex quo S. Helerius illic à Wandalis Martyrii palmam accepit Nam in honorem hujusce Inclyti Athletae Christi constructa est infignis Abbatia à Domino Guillelmo Hamonis viro nobili antiqui Stemmatis apud Neustrios Heroe in quâ Canonicos Regulares Ordinis S. Augustini posuit ac tandem ipse excessit è vitâ 21 Novembris cujus sic Meminit Obituarium Caesaris-Burgi XI Calend Decemb. Guillelmus Hamonis qui fundavit Abbatiam S. Helerii in GERSOIO These Wandals from whom St. Helier received the Crown of Martyrdom were no other than Normans those Names being used promiscuously But of this famous Abby erected to his Memory there is not a stone left standing It was built in the same place where is now the lower Ward of Elizabeth Castle So much as was left of that ancient Building was pull'd down An. 1691. to enlarge the Parade From this Holy man the chief Town in the Island is called St. Helier His Martyrdom must fall about the Year 857. After that Rollo and his Normans were peaceably settled in Neustria and in these Islands by Agreement with Charles the Simple that wild Nation mixed it self with the Old Inhabitants grew Civilized and embraced Christianity and this Island enjoyed great Tranquility under the Government of those Dukes that succeeded Rollo and who fill up the whole space betwixt him and William the Conqueror in the Order following ROLLO first Duke of Normandy who at his Baptism took the Name of Robert WILLIAM Sirnamed Longue Espée from his long Sword Son of Rollo RICHARD I. the Son of Longue Espée RICHARD II. Son of Richard I. RICHARD III. Son of Richard II. ROBERT Brother of Richard III. This Duke preserved Edward the Confessor from the Fury of Canute the Dane who had invaded England and slain Edmond Ironside Brother of Edeward He set out a powerfull Fleet to restore him to his Kingdom but being long detained by contrary Winds at Guernezey he was forced to return to Normandy re infectâ WILLIAM II. Bastard Son of Robert Sirnamed the CONQUEROR from his Conquest of England While the Conqueror lived he kept England and Normandy as close linked together as their Situation would permit residing sometime in the one and sometime in the other He died in Normandy and lies buried at Caen where I have seen his Tomb. 'T is but a low plain Altar Tomb that has nothing of Magnificence in it It stands in the middle of the Quire of the great Abby Founded by himself and has two Inscriptions on it one on each side The first expressing the Quality of his Person and the Union of England and Normandy under him The other signifying how that Monument had been defaced by the Huguenots during the heat and rage of the Civil Wars and had been repaired by the Monks An. 1642. After the Death of the Conqueror England and Normandy were parted again England falling to the Lot of William Rufus second Son of the Conqueror who in the absence of
AN ACCOUNT Of the Isle of JERSEY This may be Printed Novemb. 28. 1693. EDWARD COOKE AN ACCOUNT Of the Isle of JERSEY The Greatest of those Islands that are now the only Remainder of the ENGLISH DOMINIONS IN FRANCE WITH A New and Accurate MAP of the Island By PHILIP FALLE M. A. Rector of St. SAVIOUR in the said Island and Chaplain in Ordinary to His Majesty At the Parliament holden at Westminster the Wednesday next after the Translation of St. Thomas the Martyr An. 14. Edw. III. Remembrances for the King c. To keep the Sea and to purvey for the Navy and to defend the Isles of JERESEY and Guernezey Sir Robert Cotton's Abridgment of the Records in the Tower of London fol. 29. n. 28. LONDON Printed for John Newton at the Three Pigeons over-against the Inner-Temple-Gate in Fleet-street 1694. TO THE KING SIR THe Design of this Book humbly laid at YOUR MAJESTY's Feet is to give some Account of an Island which tho' subject to Your Royal Predecessors upwards of Six hundred years and seated in the Channel is less known than some other of YOUR MAJESTY's Dominions and Islands that are latter Acquisitions and remov'd to a greater Distance The Knowledge of Us may be of some Use to YOUR MAJESTY's Service and may minister to some of those Great Ends of Providence for which God has rais'd You up and which are one day to be wrought by Your Means Ever since our Ancient DUKES exchang'd their Coronet for that Imperial Crown which YOUR MAJESTY now wears we have been noted for Our Fidelity to Our KINGS We Glory not in the Extent or Riches of Our Country which cannot be brought into Parallel with the meanest of those Provinces that constitute Your Great Empire but we Glory in Our Loyalty which we have kept unblemish'd to this Day What profound Veneration then must we now have for a Matchless Pair of Incomparable Princes whom God has given to these Nations in his Love That Heaven would preserve YOUR MAJESTY from the many Dangers to which You daily expose Your Sacred Person and crown with Success the Justice of Your Arms is the hearty Prayer of May it please YOUR MAJESTY YOUR MAJESTY's Most humble and most faithful Subject and Servant Philip Falle THE PREFACE THE Island of JERSEY with the Others adjacent is of that Importance to England and the Loss of it would be attended with Consequences so prejudicial to this Crown that 't is fit the Nation should understand the Interest it has in the Preservation of that Place which of all other Their Majesties Territories is by its Vicinity to France the most exposed to an Invasion from thence Therefore I presume it will not be so much wondered at that an Account should be given of it now as that none should have been given heretofore The only thing that has appeared in Print concerning this Island besides what is found scattered in Cambden and others is Dr. Heylin's Survey containing the Relation of a Voyage which he made to JERSEY and Guernzey in the Year 1628. We must own the Doctor 's candid and ingenuous dealing in the Report he gives of Vs tho' being a Stranger and sojourning but Six days in JERSEY he could not so throughly acquaint himself with our Constitution The want of a due Knowledge whereof has led him into some Errors not to mention the greater Defects of that Work For having written that Book only for the Vse of Archbishop Laud then Bishop of London and without any design of making it Publick as appears in that it was not Printed till after the Archbishop's Death viz. Anno. 1656 almost Thirty years after it was written 't is evident he aimed not so much at an Account of Vs as we are a Frontiere and a Garrison under which Notion we ought chiefly to be considered now as to lay before that great Prelate the State of Religion in these Islands in Order to bring them to a full Conformity to the Church of England The Presbyterian Government being then established in Three of them Guernzey Alderney and Serck However in the main we have reason to be satisfied with his undertaking and to applaud our selves in the Character he gives of Vs in relation to these great Points viz. Our constant Affection to the English Nation our just aversion to the French our inviolable Fidelity to the Crown to which we are Vnited and the great advantage these Islands are of to England for the security of the Channel These Islands says he are the only remainder of our Rights in Normandy unto which Dukedom they did once belong Ever since they were annexed unto the English Crown they have with great Testimony of Faith and Loyalty continued in that Subjection The Sentence or Arrest of Confiscation given by the Parliament of France against King John nor the surprizal of Normandy by the French Forces could be no perswasion unto them to change their Masters Nay when the French had twice seized on them during the Reign of that unhappy Prince and the State of England was embroyled at home the People valiantly made good their own and faithfully returned unto their first obedience In after-times as any War grew hot betwixt the English and the French these Islands were principally aimed at by the Enemy and sometimes also were attempted by them but with ill Success And certainly it could not but be an Eye-sore to the French to have these Islands within their Sight and not within their Power to see them at the least in possession of their ancient Enemy the English a Nation strong in shipping and likely by the opportunity of these Places to annoy their Trade For if we look upon them in their Situation we shall find them seated purposely for the Command and Empire of the Ocean The Islands lying in the chief Trade of all Shipping from the Eastern Parts unto the West and in the middle way between St. Malo's and the River Seine the only Traffick of the Normans and Parisians At this St. Malo's as at a common Empory do the Merchants of Spain and Paris barter their Commodities the Parisians making both their passage and return by these Isles which if well aided by a small Power from the King's Navy would quickly bring that Inter-course to nothing An opportunity neglected by Our former Kings in their Attempts upon that Nation as not being then so powerfull on the Seas as now they are but likely for the future to be husbanded to the best advantage if the French hereafter stir against Us. Sure I am that my Lord Danby conceived this Course of all others to be the fittest for the impoverishing if not undoing of the French and accordingly made Proposition by his Letters to the Council that a Squadron of Eight ships might be employed about these Islands for that purpose an Advice which had this Summer took effect had not the Peace betwixt both Realms been so suddenly concluded And a
Daughter of the Queen of Castile who was Sister of Richard I. and K. John that to compound the matter he was forced to quit his Title to Normandy but never made any Cession of these Islands On the contrary he had so tender a regard to their Safety that he issued forth his Royal Mandate to the Barons of the Cinque Ports commanding them when-ever these Islands were attack'd and upon Notice thereof from the Warden or Governor to hasten to their Succour And the reason the King gives for this extraordinary Care of them is very remarkable ità quod Dominus Rex eos viz. Insulanos meritò debet commendare cum gratiarum Actione i. e. for that the King in Justice owes them Commendation and thanks for their Loyalty and good Service In the 2d Year of this King Philip de Aubigny Lord or Governour of these Islands obtained a great Naval Victory over the French who were going over into England with Supplies to Prince Lewis In the time of K. EDWARDI Son of Henry III the French enraged to see themselves Masters of the rest of Normandy and not of these Islands made a fresh Assault on them but with no better Success than before There is still to be seen in Ancient Records the Provision that was made by Order from the King for the Widows and Orphans of such of the Inhabitants as were slain in the Repulse they gave to the Enemy with Gratifications to others that had signalized themselves or sustained any considerable Loss on that Occasion Which Gratifications were among others extended to some of the Clergy who in these Islands have always been Examples to others of Zeal and Affection to the English Government I shall pass over the Reign of EDWARD II and come to that of EDWARD III wherein some things more memorable occurr concerning these Islands in relation to the French No sooner did K. Edward III proclaim his Title to France and thereupon a War ensued betwixt him and Philip de Valois but the French to make a Diversion invaded these Islands again Hugh Queriel Admiral of France made a Descent upon Guernezey An. 1339 laid siege to Castle Cornet took it and held it 3 Years The Loss of that Island did but minister an Occasion to the Inhabitants of JERSEY to shew their Fidelity to the Crown of England They raised a Contribution of 6400 Marks which was a great Summ in those Days for so small an Island for the Recovery of Guernezey and upon the Approach of the English Fleet under command of Reynold of Cobham and Geffrey de Harcourt who were sailing into Normandy with Recruits for the King and in their way were ordered to attempt the Reduction of Guernezey went out joyned the Fleet and assisted the English in retaking both the Island and Castle of Guernezey Many JERSEY-Men of Note losing honourably their Lives upon that Occasion as the Seigneurs de Vinchelez de Matravers des Augrez de Garris de La Hougue Lempriere and other Leaders named for their special Service besides private Adventurers Not long after Alain le Breton a famous Sea rover infested both Islands especially Guernezey though rather in the way of Piracy than of down-right Invasion Of him it is that Guillelmus Brito an Ancient Poet speaks in his Philippidos Et qui rostratis Navibus secat aequor Alanus Piratas secum assumat quibus utitur ipse Cum Grenesim rebus juvat expoliare So many repeated Hostilities of the French against these Islands had awakened the Parliament in England and had produced a Resolution still extant upon Record to move the King to set out his Fleet and provide for the Defence of the Isles of JERSEY and Guernezey Anno 1354 an Interview was agreed on betwixt K. Edward and the King of Navarre who was then fallen off from the French and the Place pitched upon by both Kings for that Interview was the Isle of JERSEY Accordingly K. Edward sets out from the Thames towards JERSEY with a Royal Navy but by contrary Winds was put back to Portsmouth where understanding that the King of Navarre had reconciled himself to the French and declined the Meeting he sailed to Calais and we lost the honour we should have received from the Presence of those two Great Kings and the Splendor of their Courts amongst Us. While the Victorious Edward pursued his Conquests and dyed the Fields of Cressy and Poitiers with the best Blood of France these Islands were safe under the Protection and Shade of his Lawrels But when in the declining time of that great King and after the Death of his Son the Noble Prince Edward commonly called the Black Prince the Fortune of the English in France began to forsake them these Islands were exposed to greater Danger than before In the Year 1372. Evans the pretended Prince of Wales sailing from Barfleur in Normandy with a Fleet of French Ships Landed in Guernezey but finding greater Resistance from the Castle than he expected gave over the Design and departed out of the Island Four Years after the two Admirals of France and Castile attacqued the same Island The French ransomed it for a Summ of Money but the Castillan returning carried away all he could The Strength and brave Defence of the Castle being still the Preservation of the Island and a means to keep it in the Possession of the English Nor was JERSEY less exposed to these Insults than Guernezey Anno 1374 three Years before K. Edward died Bertrand du Guesclin Constable of France famous for his many Victories over the English in that unlucky Turn of their Affairs in France at the Head of an Army of above 10000 Men wherein were the Duke of Bourbon and the Flower of the French Chivalry passed suddenly from Bretagne into JERSEY and encamped before Gouray Castle the same that is now called Mont-Orgueil into which the Principal Persons of the Island had retired upon landing of the French The Siege lasted some Months and was carried on with great Bravery on both Sides That Fortress being as valiantly defended by those within as it was vigorously assaulted by those without After many violent Attacks the Constable withdrew leaving many of his best Men slain under the Walls This was almost the only Place which in that general Defection from the English withstood the Arms of that fortunate and renowned Commander There had been before this a Treaty wherein the King had laid down his Claim to Normandy but being deeply sensible of the Importance of these Islands and much pleased with that constant Fidelity they had always expressed to him he caused an especial Clause to be inserted in the Treaty that those Islands which he possessed on the Coast of France should remain his as before I find little Action relating to these Islands in the time of RICHARD II Son of the Black Prince nor much in that of HENRY IV. This only
CHAP. III. Military Government THE Chief Officer in this Island He that more immediately represents the King's Person and that hath the Precedency of all others is the Governor While this Island was subject to the Kings of France of the First and Second Race the Governors were styled Comites and Duces i. e. Counts and Dukes Thus LOYESCON who commanded here in the time of Clothaire and Charibert an 560 is called Comes a Count as we learn from the Compilers of the Life of St. Magloire the Apostle of this Island And AMWARITH who had the same Command about 200 Years after viz. in the time of Charlemagne is called Dux a Duke as appears from that ancient Fragment mentioned before where 't is said concerning Geroaldus Abbot of Fontenelles that is quadam Legatione fungebatur in Insulam cui nomen est AVGIA JERSEY cui tempore illo praefuit Dux nomine AMWARITH Under the Dukes of Normandy and the first English Kings after the Conquest the Government of all these Islands was generally given to one Man who was called sometimes Dominus sometimes Ballivus sometimes Custos Insularum i. e. Lord Bailly or Warden of the Islands But K. Henry VI. gave them together with the Isle of Wight to Henry de Beauchamp Earl of Warwick with a very extraordinary Title viz. with that of KING as is seen from an ancient MS. Chronicle of the Abby of Tewkesbury mentioned by Mr. Selden where this Passage is found Obiit Dominus Henricus Nobilis Dux Warichiae Primus Comes Angliae Dominus le Dispenser de Abergevenny REX de Insulis Wight Gardsey JARDSEY Dominus quoque Castri Bristoliae cum suis annexis 3 Id. Junii A. D. 1446. Anno Aetatis suae XXII apud Castrum de Hanleyâ et sepultus est in medio Chori Theokesburiae When these Islands were separated and particular Governors assigned to each of them they were styled Captains and at last Governors which Title was fixed by a special Ordinance of Council June 15. 1618. This Office has been anciently held by Persons of very great Note and Eminency and we can reckon among our Governors the Sons and Brothers of some of our Kings As 1 John Earl of Mortain afterwards King who had these Islands given him in the Nature of an Appanage by K. Richard I his Brother 2 Prince Edward afterwards K. Edward I. Son and Successor of Henry III who held them in the same Right in the time of his Father 3. John Duke of Bedford and 4. Humphrey Duke of Glocester Brothers of Henry V. I shall only give an Account of the Governors of JERSEY from the time of Edward IV ever since which time this Island has always been a separate Government Sir RICHARD HARLISTON Vice-Admiral of England who assisted Philip de Carteret in the Reduction of Mont Orgueil Castle which had been seized by the French and had thereupon the Government given him for his good Service He died in Flanders MATTHEW BAKER Esq Groom of the Bed-Chamber to K. Henry VII ejected afterwards for Misdemeanors THOMAS OVERAY lyeth buried in St. George's Chappel in Mont-Orgueil Castle then the Residence of the Governors Sir HUGH VAUGHAN who was also at the same time Lieutenant of the Tower of London Captain of the King's Life-guard c. Resigned the Government to Sir ANTHONY UGHTRED whose Wife was nearly related to Q. Anne Bolein He came in by that interest and lies interred in St. George's Chappel in Mont Orgueil Sr. ARTHVRD ARCY who sold the Government to THOMAS Lord VAVX of Harrowdon and he soon after to Sir EDWARD SEYMOVR Viscount Beauchamp afterwards Duke of Somerset and Lord Protector Sir HVGH PAWLET Treasurer to K. Henry the 8th's Army at the Siege of Bologne Governor of Havre de Grace an 1563. that Town being then in the hands of the English Reputed one of the best and most experienced Captains of his Time A zealous Promoter of the Reformation in this Island of which he was Governor about 24 Years was succeeded by his Eldest Son Sir AMIAS PAWLET Privy Councellor to Q. Elizabeth Ambassador in France an 1576 who had also for Successor Sir ANTHONY PAWLET his Son and he Sir WALTER RALEIGH whose very Name is an honour to this Island But the unfortunate Gentleman held the Government not long it being forfeited together with all his other Great Offices and Preferments by his Attainder in the First year of K. James I. Sir JOHN PEYTON Lieutenant of the Tower c. Sir THOMAS JERMYN who in his Life-time did also obtain the Reversion of the Government after him for his younger Son HENRY JERMYN created first Lord Jermyn then Earl of St. Alban's Knight of the most Noble Order of the Garter c. To whom was afterward joyned in the same Patent and with equal Authority Sir GEORGE DE CARTERET who with so great Valour held the Island for the King against the whole force of the Parliament in the late Civil Wars After the Restoration in 1660 made Vice-Chamberlain and one of the Lords of the Privy-Council and lastly created Baron Carteret of Hains in Bedfordshire After the said Restoration the Earl of St. Alban's remained sole Governor but a War ensuing with France an 1665 the Earl was allowed 1000 l. per annum out of the Exchequer And Sir THOMAS MORGAN that renowned and valiant Commander was sent into this Island and made Governor by special Commission After whose Decease the like Commission was directed to Sir JOHN LANIER recalled upon the Earl of St. Alban's Death to make way for The Right Honourable THOMAS Lord JERMYN Baron of St. Edmund's Bury who claimed the Government by virtue of a Grant to him formerly made by Letters Patent under the Great Seal in case he survived his Uncle the said Earl of St. Alban's He holds it as the Earl did for Life This Office has been held sometimes Quamdiù Domino Regi placuerit sometimes Quamdiù se benè gesserit sometimes for a certain and determinate number of Years sometimes during Life sometimes during Life and five years beyond it and at other times again without Condition or Limitation of time For the support of this Dignity the King allows the Governor his whole Revenue in the Island a small part thereof only deducted for Fees and Salaries to the Officers of the Court. In ancient times this Revenue consisted of seven Mannors which were the Patrimony of the Dukes of Normandy These Mannors were by K. Henry II. let out in Fee-farm to several Tenants at the rate of about 460 Livres Tournois yearly which with many other old Money-Rents expressed in the Extent or Register of the King's Revenue made an 1331. amounted to more than 1000 Livres Tournois per annum A Livre Tournois Libra Turonensis being then worth as much as an English l. Sterling is now This together
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