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A43553 A survey of the estate of France, and of some of the adjoyning ilands taken in the description of the principal cities, and chief provinces, with the temper, humor, and affections of the people generally, and an exact accompt of the publick government in reference to the court, the church, and the civill state / by Peter Heylyn ; pbulished according to the authors own copy, and with his content for preventing of all faith, imperfect, and surreptitious impressions of it.; Full relation of two journeys Heylyn, Peter, 1600-1662. 1656 (1656) Wing H1737; ESTC R9978 307,689 474

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honour and glory of God and of his pure and holy word You shall administer true and equall Justice as well to the poor as to the rich without respect of persons according to our Lawes Usages and Customes confirmed unto us by our priviledges maintaining them together with our Liberties and Franchises and opposing your selfe against such as labour to infringe them You shall also punish and chastise all Traitours Murderers Felons Blasphemers of Gods holy name Drunkards and other scandalous livers every one according to his desert opposing your self against all seditious persons in the defence of the Kings Authority and of his Justice You shall be frequently assistant in the Court and as often as you shall be desired having no lawfull excuse to the contrary in which case you shall give your proxie to some other Justice giving your advise counsell and opinion according to the sincerity of your conscience You shall give reverence and due respect unto the Court. And shall defend or cause to be defended the rights of Widowes Orphans Strangers and all other persons unable to help themselves Finally in your verdict or the giving your opinion you shall regulate and conforme your self to the better and more wholesome counsell of the Bailiffe and Justices All which you promise to make good upon your conscience A way more compendious then ours in England where the Justices are sain to take three Oaths and those founded upon three severall Statutes as viz. that concerning the discharge of their office which seemeth to be founded on the 13. of Richard II. Cap. 7. That of the Kings Supremacy grounded on the first of Queen Elazabeth Cap. 1. And lastly that of AVegiance in force by virtue of the Stature 3 Jac. Cap. 4. Of these Justices there are twelve in all in each Island of whose names and titles in the next Chapter The other members of the Bailiffes Court are the Advocates or Pleaders whereof there be six onely in each Island this people conceiving rightly that multitudes of Lawyers occasion multitudes of businesse or according to that merry saying of old Haywood The more Spaniels in the field the more game Of these advocate two of them which are as we call them here in England the Kings Attorney or Sollicitour are called Advocati stipulantes the others Advocati postulantes Yet have they not by any order confined themselves to this number but may enlarge them according to occasion though it had not been a Solecisme or a novelty were the number limited For it appeareth in the Parliament Records that Edward the first restrained the number both of Counsellers and Atturneys unto 140 for all England though he also left authority in the Lord Chief Justice to enlarge it as appeareth in the said Records Anno 20. Rotul 5. in dorso de apprenticiis attornatis in these words following D. Rex injunxit Joh. de Metingham he was made chief Justice of the Common Pleas in the 18 of this King ●oci is suis quod ipsi per eorum dis●retionem provideant ordinent certum numerum in quolibet Comitatu de melioribus legalioribus libentius addiscentibus sec quod intellexe●int quod curiae suae populo de regno melius valere poterit c. Et videtur regi ejus concilio quod septies viginti sufficere poterint Apponant tamen praefati justiciarii plures si viderint esse faciendum vel numerum anticipent c. Thus he wisely and happily foreseeing those many inconveniences which arise upon the multitudes of such as apply themselves unto the Lawes and carefully providing for the remedy But of this as also of these Islands and of their manner of Govenment I have now said sufficient yet no more then what may fairly bring your Lordship on to the main of my discourse and Argument viz. the Estate and condition of their Churches I shall here only adde a Catalogue of the Governours and Bailiffs of the Isle of Jarsey for of those of Guernzey notwithstanding all my paines and diligence I could finde no such certain constat which is this that followeth A Catalogue of the Governours and Bailiffs of Jarsey   Bailiffs Governours 1301 Pierre Vig●ure Edw. II. O 〈…〉 o de Grandison Sr. des Isles 1389 Geofr la Hague Edw. III. Edm. de Cheynie Gard des Isles 1345 Guill Hastings Thom. de Ferrer Capt. des Isles 1352 Rog. Powderham   1363 Raoul L. Empriere   1367 Rich de St. Martyn   1368 Iean de St. Martyn     Rich le Pe●i●   1370 Jean de St. Martyn     Jean Cokerill   1382 Tho Brasdefer Hen. IV. Edw. D. of York 1396 Geofr Brasdefer V. Jean D. of Bedford 1414. 1405 Guill de Laick   1408 Tho. Daniel VI. Hum. D. of Glocester 1439. 1414 Jean Poingt dexter   1433 Jean Bernard Kt.   1436 Jean l' Empriere   1444 Jean Payne   1446 Regin de Carteret   1453 Jean Poingt dexter Edw IV. Sir Rich. Harliston 1462 Nicol. Mourin   1485 Guill de Harvy Angl. Hen. VII Mathew Baker Esq 1488 Clem. le Hardy Tho. Overcy Esq 1494 Jean Nicols David Philips Esq 1496 Jean l' Empriere   1515 Hel de Carteret Hen. VIII Sir Hugh Vaugha● 1524 Helier de la Recq Sir Antony Urterell 1526 Rich Mabon   1528 Jasper Penn. Angl.   1562 Hostes Nicolle Edw. VI Edw. D of Somers L Protect   Jean du Maresque Cornish   Geo. Pawlet Angl. Ma. R. Sir Hugh Pawlet 1516 Jean Herault Kt. Eliza. R. Sir Aimer Paulet 1622 Guill Park●urst Sir Anth● Pawlett 16 Philip de Carteret Kt. Sir Walt. Raleigh   now living ann 1644. Jac. Sir Joh. Peiton S. a Cross ingrailed O.     Car. Sir Tho. Jermin now living Further then this I shall not trouble your Lordship with the Estate of these Islands in reference either unto Naturall or Civill Concernments This being enough to serve for a foundation to that superstructure which I am now to raise upon it CHAP. II. 1 The City and Diocese of Constance 2 The condition of these Islands under that Government 3 Churches appropriated what they were 4 The Black Book of Constance 5 That called Domes day 6 The suppression of Priours Aliens 7 Priours Dative how they differed from the Conventualls 8 The condition of these Churches after the suppression 9 A Diagram of the Revenue then allotted to each severall Parish together with the Ministers and Justices now being 10 What is meant by Champarte desarts and French querrui 11 The alteration of Religion in these Islands 12 Persecution here in the days of Queen Mary The Authors indignation at it expressed in a Poeticall rapture 13 The Islands annexed for ever to the Diocese of Winton and for what reasons BUt before we enter on that Argument The estate and condition of their Churches a little must be said of their Mother-City to whom they once did owe Canonicall obedience A City in the opinion of some
number of the Bishops to have suffrage in the Parliament and to represent in that Assembly the body of the Clergy and that their place should be perpetual Thus far with some trouble but much art he had prevailed on that unquiet and unruly company and therefore had he denied the Islanders an allowance of their Discipline he had only taught the Scottish Ministery what to trust to An allowance whereof he after made especial use in his proceedings with that people For thus his Majesty in a Declaration concerning such of the Scottish Ministers as lay attainted of High Treason Anno 1606. viz. And as we have ever regarded carefully how convenient it is to maintain every Countrey in that form of Government which is fittest and can best agree with the constitution thereof and how dangerous alterations are without good advice and mature deliberation and that even in matters of order of the Church in some small Island under our Dominions we have ●abstained from suffering any alteration So we doubt not c as it there followeth in the words of the Declaration On these reasons or on some other not within the power of my conjecture this Discipline was permitted in these Islands though long it did not continue with them For presently upon his Majesties comming to the Crown Sir Walter Raleigh then Governor of Jarzey was attaint of Treason on which attaindure this with others of his places fell actually into the Kings disposing upon this variancy it pleased his Majesty to depute the present Governor Sir John Peiton to that office A Gentleman not over forward in himself to pursue the projects of the Powlets his predecessors for Sir W. Raleigh had but a little while possessed the place and it may well be furnished also with some secret instructions from the King not to be too indulgent to that party Whether that so it was or not I cannot say Sure I am that he omitted no opportunity of abating in the Consistorians the pride and stomach of their jurisdiction But long it was not before he found a fit occasion to place his battery against those works which in the Island there they thought impregnable For as in the ancient proverb Facile est invenire baculum ut caedas canem it is an easie thing to quarrell one whom before hand we are resolved to baffle The occasion this The Curate of S. Johns being lately dead it pleased the Colloquie of that Island according to their former method to appoint one Brevin to succeed him against which course the Governor the Kings Attorney and other the officers of the Crown protested as prejudicial to the rights and profits of the King Howbeit the case was over-ruled and the Colloquie for that time carried it hereupon a bill of Articles was exhibited unto the Councel against the Ministers by Peiton the Governor Marret the Attorney now one of the Jurates and the rest as viz. that they had usurped the Patronage of all benefices in the Island that thereby they admitted men to livings without any form of pretentation that thereby they deprived his Majesty of Vacancies and first-fruits that by connivence to say no worse of it of the former Governors they exercised a kinde of arbitrary jurisdiction making and disannulling lawes at their own uncertain liberty whereupon they most humbly besought his Majesty to grant them such a discipline as might be fittest to the nature of the place and lesse derogatory to the Royal Prerogative This Bill exhibited unto the Councell found there such approbation that presently Sir Robert Gardiner once chief Justice as I take it in the Realm of Ireland and James Hussey Doctor of the Lawes though not without some former businesse were sent into the Islands Against their coming into Jarzey the Ministers of that Island had prepared their Answer which in the general may be reduced to these two heads viz. That their appointment of men into the Ministery and the exercise of Jurisdiction being principal parts of the Church Discipline had been confirmed unto them by his Majesty And for the matter of First-fruits it was a payment which had never been exacted from them since their discharge from him at Constance unto whom in former times they had been due Upon this answer the businesse was again remitted unto the King and to his Councell by them to be determined upon the comming of their Deputies the Committees not having as they said a power to determine it but only to instruct themselves in the whole cause and accordingly to make report Other matters within the compasse of their Commission and about which they were said principally to be sent over were then concluded all which hapned in the year 1608. Immediately upon the departure of these Commissioners and long before their Deputies had any faculty to repair unto the Court a foul deformity of confusion and distraction had overgrown the Church and Discipline In former times all such as took upon them any publick charge either in Church or Common-wealth had bound themselves by oath to cherish and maintain the Discipline that oath is now disclaimed as dangerous and unwarrantable Before it was their custome to exact subscription to their platform of all such as purposed to receive the Sacrament but now the Kings Attorney and others of that party chose rather to abstain from the Communion nay even the very Elders silly souls that thought themselves as Sacrosancti as a Roman Tribune were drown with proces into the civil courts and there reputed with the vulgar Nor was the case much better with the Consistory the Jurates in their Cohu or Town-hall relieving such by their authority whom that Tribunal had condemned or censured A pravis ad praecipitia Such is the inhumanity of the world that when once a man is cast upon his knees every one-lends a hand to lay him prostrate No sooner had those of the lower rank observed the Ministers to stagger in their chairs but they instantly begin to wrangle for the Tithes and if the Curate will exact his due the Law is open let them try the Title Their Benefices where before accounted as excempt and priviledged are brought to reckon for first-fruits and tenths and those not rated by the book of Constance but by the will and pleasure of the Governor Adde unto this that one of the Constables preferred a Bill against them in the Cohu wherein the Ministers themselves were indicted of hypocrisie and their government of tyranny And which of all the rest was the greatest of their miseries it was objected that they held secret meetings and private practises against the Governor yea such as reflected also on the King In thi confusion and distresse they were almost uncapable of counsel They applyed themselves in the next Colloquie unto the Governor that he would please to intercede for them to his Majesty but him they had so far exasperated by their clamours that he utterly refused to meddle for them Nor did the Ministers