THe Island of Jersey is divided in twelve Parishes, every one of those sub-divi­ded into severall Divisions called Vingtaines.

In each Parish, there is a Consta­ble, a Centurion which is as the Con­stables Deputy; as many Vingteniers, as there are Vingtaines, who are subordinate Officers to the Constables, to execute those Warrants, which are sent them, by him who receives them first, either from the Governor or Bailly, There are besides those, other Of­ficers called Sermentez, or Jurors to make up the num­ber of Twelve with the Vingteniers in each Parish. Those Twelve with the Constable, make up a petty Jury, to indite, or free criminals, when they first present them in Court. The Constable and these Officers have power to search out and seise all manner of Malefactors whatso­ever, every one in his Parish, and present them to the Bail­ly, and Justices to receive condigne punishment.

There are also two Procurors or Atturneys of the pub­lick Revenue and Treasure of each Parish, which are accomptable to the Constable and those Officers, which have the dispensation of the same, as they represent the parish.

Besides there it a Provost in every Parish, as the name [Page 2]signifies Warner, so their Office is to Summon, or Warn any Parties, who have Suites in Law together, to appear before the Bailly and Justices, who decide those diffe­rences. Those Summons are in a very short and pithy forme, either written by the parties themselves, or any body else; Provided, that he that writes them, must sub­scribe them. And the Provost warneth the parties, in many causes for nothing, in others, for a penny.

Moreover there is in every Vingtaine, one Sermenté Ju­ror, or sworn man for the High-ways and common-paths, to see them duly repaired, and in order.

All these Parochiall Officers are elected and chosen by the Votes of all the Parishioners, great, and smal, poore, and rich; then presented to the Bailly, who giveth them Oath to exercise their severall Functions.

The whole Island is generally ruled by the great Court (so called in relation to inferior Courts, of which here­after mention shal be made) held in a fair Cobuë, or Court-House erected for that purpose: The Assembly there con­sists of the Bailly, Twelve Jurates or Justices, the Kings Procurator or Atturney (so called heretofore) the Kings Advocate or Solicitor heretofore; the Vicount, or She­riffe; the Greffier, or Clerk of the Court; the Denuntiator, or Under-Sheriffe; five or six Advocates, at the Ballys discretion, an Huissier or Door-keeper. The Bailly here­tofore was nominated by the King, and had his Patent under the Great Seale of England: He is the Head and President of the Court, collects the voyces of the Jurates and pronounceth the Sentence, according to their plu­rality, but if equality, then he hath the casting voyce.

The twelve Jurates, or Justices are chosen by the suffrages or voices generally of all the Islanders, without excepti­on, and sworn in the Court by the Bailly. The Procurator, and Advocate were named by the King: their Offices was to plead for the Kings Rights, and to see all manner of crimes punished: They might also plead betwixt party and party. The Vicount was also nominated by the [Page 3]King, his Office was, to arrest and imprison Debtors, after Judgement of Execution given and never before, to seize goods, when he is so appointed to do, by the Court, and to sell them at the Market place, on publick dayes to those who wil give most, to be applyed for the payment of Creditors, who may redeem them fourteen daies after; He taketh Inventories of Orphans goods; and sometimes selleth them at Out-cries, for their use and behoofe; he is Clerke of the Market, hath the care of all sorts of Mea­sures, for dry and liquid Wares; Hee lookes to the Wa­ter-Courses of Rivolets and Brooks, with some Officers with him, that all might be in good order, for the bene­fit of the Inhabitants; He is also Crowner, and Cryer of the Court. The Denuntiator hath the like power in the Vicounts absence, with many other cares conducing to the accommodation of the Islanders. The Greffier or Clerk of the Court doth inrole all the Sentences pro­nounced by the said Bailly: And that sedente curiâ, in ve­ry faire Register-Books, of which he hath the keeping, as of all the ancient Records, Archives, Priviledges, Fran­chises, Liberties and Immunities heretofore granted, to the Inhabitants, by the late Kings and Queens of England, under the Bailly, who hath that care from Superiour Authority. The Advocates Offices are to plead for par­tyes, which they doe for very small and easie Rates, viz, six pence, by reason that the people of all Sorts and Sexes and upon all manner of Pleas may, and doe plead their own Causes, and have as much audience as the Advocates themselves.

There is also another Officer of high concernment, in the Island, called L' Enregistreur, or Register, who doth Register all, and all manners of Deeds, which passe un­der the common Seale of the Isle, as partitions of Lands, or Wheat-Rents, either in Fee-Farme, or for ready mony, Letters of Atturney, Morgages, Bonds, &c. for three pence each. All which, are written in a compendi­ous manner, without Equivocations, or Lawyers Quid­dities, [Page 4]and passe all by Oath administred to the Parties, by the Bailly, in the presence of one or more of the Jurates; neither to do or cause to be done any thing against their Demises, upon paine of perjury; all written in our natu­rall tongue; Neither are the Deeds Authentiques, unlesse the Bailly and two Jurates, at least, are signed in them, besides the Seal. Of this Seal the Bailly is keeper, but it is sealed in a Bag, by some of the Justices under their seals, and not opened, but in their presence: The Impresse of it is three Lyons Passant, with an Inscription bearing Sigillum Insulae de Jersey.

The nomination of the Greffier, Denuntiator, Regi­ster, Inferior Advocates, Huissier, belongeth to the Bail­ly.

The great Court is kept very solemne at their Assizes or opening of their Courts in the beginning of the Termes: The Governour being present to answer for those Lordships, that owe their Compearance or appear­ing at the said Assizes, whereof there is a good number: Likewise all the Justices and Officers of the Court, with the Provosts, and other Lords of Mannors, which hold in Capite, and other Frank-Tenants, which are duly cal­led according to their Ranks, And Fines set upon those which doe not appeare; And if they failed foure times together, their Lands were put in the Kings Possessi­on.

They keep three sorts of Courts, (though with the same Judges, viz.) The Court of Heritage, the Court of Cattell, and the Court of Remedies, or the Court Extraordinary. In the first Court is treated of Inheritance, as partitions of Lands betweene Co-Heires, and in fine of all differences, which do arise for Lands, or any Rents that are for ever. The benefit of retyring of Inheritance sold, is granted to the first of the kindred, that doth claim it within a year. In the second, called the Court of Cattell, first of all, Crimi­nall Causes, which are determined definitively without Appeale (except those of High Treason, the cogni­zance [Page 5]of which, the King reserved to himselfe) but are judged with the greatest Discretion and Fa­vour that can be imagined. For first a Malefactor be­ing brought before the Judges, by the Constable and his Sermentez, which make the petty Jury (before mentio­ned) if they have found the Malefactor seised of any Goods, or vehement suspitions (after examination of Witnesses in their presence, they having the freedome to refuse any of them, upon evidences of hatred, or malice) either of Theft, Murther, or Witchcraft; then their Ver­dict is, That they thinke in their Consciences they are guilty of the Fact, which is called Indictment; where­upon the Parties so indict d are demanded, Whether they will be tried by the Bench, or the Country? by the Bench is meant the Bailly, and the twelve Justices, where­of there must be seven of them at least of one opinion, to Condemne a man; by the Country is understood, an Assembly of twenty foure of the Accused's owne Pa­rish, and neighbour Parishes, of sufficient able men, full of integrity, of those there must be twenty of an unani­mous voyce, to make the Party Guilty, and this is the great Inquest.

In the second place in the same Court, called Cattell, is treated of Decrets, for the most part; (which is) That in case a man be over-burdened with Debts, and that his estate is not able to pay them; as soone as he is imprisoned for any of them, he is freed of all his Credi­tors, if he cometh to Court, and affirmeth upon Oath, That he hath not wherewithall to satisfie them, and leaveth them what inheritance he hath to struggle a­mongst them, who shall enjoy it? which is done very re­gularily; those who have purchased, or lent their money, the last, are the loosers, and every man injoyeth accor­ding to the priority of his Purchase, &c.

In the last Court, called, Extraordinary, is treated of Causes more triviall, which concern only Moveables, &c. Of the Court of Heritage, the last part of the Court of [Page 6]Cattell, and Extraordinary, Appeales might be made to the King and Counsell; For moveables, not for under the value of twenty pounds Sterling, but for matter of Inheritance, there is no limitation. Appeales must be made immediately after Sentence given, yet sedente curiâ, and two sufficient Sureties given within a sennight for the prosecution of them within the time limited, which is; The said Appeales must be entred in the Booke of Counsell Causes within three moneths, and prosecuted within one yeare; and in case the Appealant doe not re­verse the Sentence, and procure an Order from the Coun­sell of Mal Jugé, Bien Appellé, then he forfeits twenty Crownes to the Bailly.

There are likewise many inferiour Courts held in the Island, by Seneschalls, or Stewards, called Basses Courts, which is to say, low Courts, in respect of the great and superiour Courts; many of those Lordships doe now be­long to the Common-wealth of England, others to some Gentlemen of the Isle. Of these Stewards Courts Ap­peales might be made to the Bailly's Court.

Upon some extraordinary and Important occasion, which might conduce for the good of the Inhabitants, an Assembly of the States was called, by the Governour, or Bailly, this Assembly consisted of the said Governour, or his Lieutenant; the Bailey, or his Lieutenant; the twelve Jurats; the twelve Constables; who represented the Commons of the Country: and sometimes the twelve Ministers, who by their turbulency and brouilleries, have made themselves unworthy of that Assembly, and there fore may be very fitly desired, they may be left out, with the Bishops.

Amongst the many good and wholsome locall Customs Municipall Lawes, and others, whereof many are agree­ing with the Mosaicall; one is very remarkable, in the behalfe of the oppressed (viz.) Le clam de Haro; which is, That if any man, of what degree or quality soever pretends to be injured, or opprest, either by the greatest [Page 7]or lowest of this Isle, at the Acclamation three times of this word Haro, with a loud voyce (be it right, or wrong) the other party must surcease, though he were upon never such urgent occasions; whether he were at Cart, or Plough, felling, or lopping Trees, in a word, upon any occasion; And he that is in fault of the Accu­ser or Accused is fined in ten Livers Tournois. And if the Accused persists notwithstanding in his worke, or vio­lence, he is also fined in the like sum, for his persisting. And likewise, if any man is within the hearing of this call, and doth not come to the assistance of the oppres­sed, hee is put to an Arbitrary Fine; And this is try­ed at the Court of Cattell before-mentioned amongst Crimes.

This is but a short Epitome of our Civill Government, as it hath been, and we hope shall be, untill such, as would alter the same, to have their phansies establish­ed, have given the Parliament greater Demonstrations of Policy, for Freedome, and Liberty, Mercy, and Ju­stice, then these are; more suitable they cannot; Consi­dered Jersey is inhabited, by Parishes, and the houses are built, not in Townes or Cities, but scatteredly, upon the severall Messuages and Tenements of Lands; so that those Prerogatives of appointing some Officers, which Kings had reserved to themselves, belonging now to the Parliament: there is no need of change in the Forme of the Civill Government of that Island: This I grant, might be desired, that the right of having a Representor, or two in Parliament, to the end of a stronger Union to this Nation, and of a speedier expedition of Necessaries, from that Superior Power, unto our people, were for the future allowed to Jersey and Guernezé, and that without diminution of their Freedom, Liberties, and Priviledges whatsoever, not repugnant to the safe and well-being of the Commonwealth.

To conclude, I know I need not mention any other of our Lawes here: For this may be sufficient to munish, [Page 8]as by Information, all whom it concerneth, against any attempts that may bee, or have beene already made, to alter our freedome. And by this Patterne men may judge of the rest of the peece of our Lawes; for Im­moveables, as inheritance; for Moveables, as Chattells; for Prevention, and Pardon, and Punishment of Crimes; for Procreation; and Education, for Measures; for Asso­ciation, &c. they are but few. Neverthelesse many cir­cumstances, which to describe them fully should be in­serted, would require a greater Volume, then the pati­ence, or leasure of most men would permit them to take notice of. Therefore I will onely say this more, That once every third year, the Bailly accompanied with the Justices, the Vicount, the Procuror, and Advocate, the Constable and other the above-named Parish-Officers, doth view all the Common wayes of each parish, and where he findeth cause, doth fine the owners of Hedges, Trees, Walls, &c. Incombering the Way; or else the Sermentez for the Waves.

Moreover all the Officers of this Government are to continue quàm d ùse bené vesserint, as long as they do be­have themselves well; and none of them longer, for as soon as any one of them, is convicted of any Crime, as for example, Bribe or the like, he is outed shamefully: our States having made bold many times to suspend the Bail­lyes themselves upon like occasion, and to chuse a Judge Delegate in his place, notwithstanding his Pattent under the Great Seale.

Finally, There is such good Order in the administra­tion of Justice, That when any one hath a Cause in Law, against any one of the Justices, that same Justice must come downe, and stand with his Peers, and party Accu­sant, at the Barre amongst the people, so must the Bailly himself, in like occasion: Which hath therefore a Judge, chosen, appointed and sworn by the Bench, to be imparti­all, in the Baillies causes. The people have alwayes chosen the Justices and Constables from amongst the best [Page 9]sort, and known honestest Gentlemen, and respected them as their Fathers and Princes, honour being their rewards; except that the Justices when they signe any Deeds, are to have two souces, or two pences for their paine, if they will take them; the other Officers, they respect also very much, and use to chuse them from the best, and honestest sort of the Yeomanry. The Lord of righteousnes be pleas­ed to lead us all into it; according to these two Tests and Touch-stones of the equity or righteousnesse of all Laws, Thou shalt love the Lord thy God, with all thy heart, with all thy soule, and with all thy understanding, and with all thy might, and thy Neighbour at thy selfe. That is, doing nothing unto him, but what in the like cause, thy conscience, thy in­ward knower and knowledge within thee, granteth ab­solutely, thou wouldest have done to thy selfe. Amen.