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| July 1. |
43. Answer of Philip Maret to the exceptions taken by John
Herault, bailiff of Jersey, and Sir Philip de Carteret, to his petition
to the King, presented 27 Oct. 1616. It is true that the bailiff
adjudged me to be fettered and manacled, and commanded the
porter to execute the same; notwithstanding the justices being of a
different opinion, it was not executed, but I remained in prison
above five months. Those that drew the petition conceived I had
been procurer for seven years, because I had been so long successively advocate and procurer, which are offices of like nature for the
King's service in the Court. The rights of His Majesty, about which
the bailiff was offended with Maret, are:— |
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1. For opposing his entitling himself seigneur de St. Sauveur
which is His Majesty's fee, it being unlawful for any man to
entitle himself lord of any place whereto he can lay no claim. |
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2. Whereas one sued in the Court for another man, without
letters of procuration, which is finable for the King, I demanded
sentence upon it, but the bailiff was so offended therewith that,
without dismissing the Court, he went out and threatened to have
me out of my office, or he would go out of his own. |
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3. For opposing his claim of a rent belonging to His Majesty,
called Tavernage. |
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4. For opposing an order propounded for levying 1s. as an impost
upon every pot of wine, which is a power only proper to the
Sovereign. |
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5. For not consenting to many binding ordinances which he
proposed to have newly established, I was thought not to like
the assumed church government, but to affect the liturgy and
conformity to the Church of England, and for a long time I have
been persecuted by the Presbytery, and the Consistory of St.
Helier's suspended me from the sacraments, and the bailiff and
Sir Philip de Carteret much favoured their cause against the
liturgy of England. I was condemned unheard, and therefore
pray to be heard, need requiring it in regard to the shortness of
the time. [1 page. Noted by Sir Edw. Conway.] |
| July 1 ? |
44. Declaration by Sir Edw. Conway and Sir William Bird.
M. Maret has delivered certain articles to us against the bailiff which
have been openly read, and witnesses examined. The bailiff was
charged with divers foul crimes, the proof whereof would have made
him unworthy of his charge. We counselled Maret often to be well
advised before he made such a charge upon an officer of such
quality, and are very ready to do the bailiff justice; but considering the quality of the offences, and the reservation His Majesty has made of Maret's other cause to be definitely decided by
him, we refer the determining of this cause also to His Majesty and
their Honors, and desire the bailiff to be satisfied with this, considering we but defer his satisfaction to the supreme wisdom and justice
of His Majesty and their Honors, who can best measure the quality
of the offence, and the punishment thereof. Yet for the respect we
owe and bear to the reputation of His Majesty's officer, we declare
that we think the bailiff free from all those imputations laid upon
him by Maret in the articles delivered to us dated 26 May 1617,
and Maret worthy of punishment, the weight and form of which,
together with the reparation to be offered by Maret to the bailiff,
we may not give any scantling of, lest we should seem to prejudice
a cause reserved to our superiors. [2/3 page, draft.] |
| July ? |
45. Petition of the three Estates or Common Council of Jersey,
to Sir Edw. Conway and Sir Wm. Bird, Commissioners, for His
Majesty's concession to the following articles, viz.:— |
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1. A grant of power to levy in perpetuum a sou upon every
pot of wine sold by retail, in any tavern in the island, towards
providing the inhabitants with armour and munition, and contributing towards necessary fortifications about the island, the
inhabitants being unable to do either. |
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2. Power to levy in perpetuum, a petty custom upon all commodities brought into the island, similar to that granted to
Guernsey, to build and maintain a good harbour, merchants, &c.
often receiving prejudice for want thereof. |
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3. To renew their license for transportation of English commodities for the use of the inhabitants; with a supply of such as are
wanting, and a declaration in special words, of things conceived
but in general terms, and especially for the wools. |
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4. To exempt them, as those at Guernsey, from paying custom for
wares and merchandize grown or made in the island, and carried
over to England to be dressed, and brought back for the use of
the inhabitants. |
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5. The conservation of the privileges of the island being committed to the bailiff and justices, that His Majesty would order
them to have the ordering, as provided by former patents, of
licenses for fetching commodities out of England, that former
abuses committed therein may be prevented. |
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6. That His Majesty will confirm the rents heretofore given for
maintaining and repairing the churches, and for relief of the poor;
and authorise petitioners to accept such as may be given hereafter. |
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7. The inhabitants not being able to maintain their poor
scholars at the universities to study divinity, that His Majesty
will grant some of the places in colleges in his gift for poor
scholars recommended to him by petitioners. |
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8. That he will order that when any benefice become vacant,
the constable of that parish shall have the administration of its
revenues, which shall be employed, the cure being served, for
reparation of the parsonage house, and the overplus kept for the
next incumbent, to whom the officers shall be accountable. |
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9. The island being much weakened by partitions of land and
tenements among co-heirs, that the King will grant liberty to
such as shall petition him to entail their lands, rents, and
tenements. |
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10. That wards may enjoy the same benefits as in England. |
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11. That certain fees fallen in, which were originally applied
as a stipend for the entertainment of persons of quality, for
defence of the island, may be put to fee farm, &c., that being in
the hands of particular men, the island may be the better fortified;
and the parties who take them of His Majesty have permission
to add so much land and rents thereto as they shall desire, or
as shall be thought fitting to remain impartable therewith.
[1¼ pages.] |
| July ? |
46. Reasons in favour of each of the above articles of the request
of the States of Jersey. [3½ pages, damaged.] |
| July ? |
47. Declaration, in from of a diary, of the proceedings of Sir
Edw. Conway and Sir Wm. Bird, sent on a commission 25 March
1617, to Jersey, detailing as follows:—Their arrival, 29 April;
their opening of their commission in the assembled States, 3 May;
and their speeches (pp. 2, 3, see Nos. 7–9 supra). |
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List of the 20 soldiers of Elizabeth Castle, their age, and place
of birth, taken 5 May (p. 3). |
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Inventory of ordnance stores in Castle Elizabeth (pp. 4–5). |
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List of the 19 soldiers of Mont Orgeuil, taken May 12 (p. 6). |
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Inventory of the ordnance stores there, taken May 13 (pp. 7–8.
see No. 11 supra). |
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Account of the capacities of the soldiers and officers, the military duties performed, the salaries, &c. (pp. 9–11). |
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Account of the number of the islanders in the several parishes,
and their weapons (pp. 11–12). |
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Account of the state of the arms, and the military condition of
the people, towns, and castles (pp. 13–14). |
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State of civil justice; they found no complaints of oppression
save such as they strove to rectify, viz., a dispute on precedency
between the bailiff and governor, and on the right of assembling
and presiding over the States of the island, (see No. 20 supra).
Details of this dispute, including the several rights, duties, and fees
of bailiffs and governor, and the question of who is to be judge
between them, in case of difference (pp. 15–20). |
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On the question between Hugh Hue and Thos. Lemprière, as
tutor to Peter de Soulemont's children, they confirmed the decision
of Council (p. 20). |
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Details of the controversy between Phil. Maret, late procurer, and
Sir Phil de Carteret (pp. 20–28, see Nos. 14–18, 27–44 supra). |
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Recommendation of the request of the inhabitants of Jersey,
with the said request (pp. 28–31, see Nos. 45–46 supra. Book bound
in parchment). |
| July ? |
48. Petition of John Briard, of Guernsey, merchant, to Council,
for a commission to the bailiff and justices of Guernsey, and four
others, to decide a controversy between him and John Baudain,
relative to the right to certain property there. Pulled down his
old dwelling house in St. Peter's Port, to which there was a small
back yard belonging to Baudain. He, by undue practices of Eleazar
Marchand and Thomas Marchand, his nephew, jurats, raised a claim
thereto; whereupon a supersedeas and sequestration of the possession followed, and the workmen were forced to cease until trial.
The place being viewed by the bailiff and justices, Baudain was
amerced, and petitioner freed; nevertheless, upon Eleazar's undertaking of the matter, he and his kinsman being judges of the bench,
Baudain again made claim, and having got some slender witnesses
in his behalf, the major part of the justices, without hearing petitioner, ordered the yard to remain common between Baudain and
him. Made an appeal, but the bailiff and jurats barred it, thinking
the matter too small. [¾ page. Endorsed by Calvert: "Sieur de
la Bastide, escuyer de Monsieur de Luynes.] |
| July 16. |
49. Request of Jean Baudain, guardian of Collenette, and Martha
his minor daughter, by Martha le Pelley, his late wife, to Amice de
Carteret, bailiff of Guernsey, Jean Herault, bailiff of Jersey, Phil. de
Carteret, seigneur de St. Ouen, and Thos. Lemprière. Is summoned
before them to answer to Privy Council letters obtained by John
Briard, on complaint of injustice done him in the Court of the
island, as to possession of an empty space between his house and
that of his said daughter, which he wishes to usurp and enclose,
and which would block up their best view. Tried to hinder this,
and on 8 May 1616, sentence was given that Briard might dig
under the ground, but not build on the surface. Did this for conciliation, but has since been blamed for it by the relations and
heirs of the daughter. Is unwilling to depart from this sentence,
Briard's Council letter having been obtained through false informations. The appeal rather touches the Court itself than Baudain.
Doubts not but the jurats can defend their sentence. [¾ sheet,
French.] |
| July 17. |
50. Eight jurats and justices of the Court Royal of Guernsey to
Sir Phil. de Carteret, lord of St. Ouen, Amice de carteret, bailiff of
Guernsey, Jean Herault, bailiff of jersey, and Thos. Lempriere. John
Baudain warns us that John Briard has appealed to Council against
a sentence given 18 May 1616 between them, and has obtained
Council's letters for a review of the cause, and that you have
already entered upon it. Pray consider that you should not proceed without communicating the letters to the Court, as such a step
is dangerous to the authority of the Court, and against its decision.
You of Jersey, having jurisdiction under like charters, should be
jealous to commit so action tending to their infraction. We are
astonished that the bailiff, who presided over the suit, and pronounced the sentence, meddles with the review, as though he
doubted its justice; besides, cases of that nature should not be
subjected to appeal. [1 page, French.] |
| July 17. |
51. John Baudain to the two Carterets, Herault, and Lempriére.
I sen you yesterday a remonstrance, stating that I should take my
stand entirely on the sentence given in Court, 28 May 1616; but
secing that you proceed in the cause, I have consulted with the
relations of my children, some of whom belong to the Court, and
they and I agree to beg you not to take it ill that we protest that
all the proceedings taken before you in this affair will be null, as
we can submit to no other jurisdiction than the Court Royal in this
isle. [2/3 page, French.] |
| July 17. |
52. Deposition of nine witnesses examined in the case between
Baudain and Briard, to prove that the right of the contested
ground belonged to Briard. [1 page, French.] |
July 17.
Guernsey. |
53. Amice de carteret, bailiff of Guernsey, John Herault, bailiff
of jersey, Sir Philip Carteret, and T. Lempriere to the Council.
According to your commission, dated 31 Aug. 1616, for reviewing a
cause brought by John Briard against John Baudain, tutor of his
children, wherein a setence was given by the justices here 28 May
1616, we have called the parties before us, and delivered them copies
of our commission. Baudain, by way of answer, presented us a declaration that he might not desist from the said sentence formerly
given by the justices. As we thought his answer was not sufficient, we required him, if he had any proofs in support of his cause,
to produce them, and attend us at the survey of the place in contention, so that his right appering, it might be reserved unto him;
but he persisted in his resolution, protesting against all our proceedings as a nullity. We also received a writing from most of the jurats
of Guernsey, intimating that our proceedings in the commission
would be prejudicial to their charters, and the authority of the
King's court here; whereupon, for avoiding strife,—although it
appeared to us by view and ancient deeds that the ground in question of right appertains to Briard, and by report of the witnesses
we havfe examined on his behalf, (the defendant having refused to
produce witnesses,) that Briard and those of whom he has right
have always peaceably enjoyed the same,—we send you the papers
and depositions, and submit the final ordering to you. [1 page.] |
| July ? |
54. Petition of John Briard, of Guernsey, to Council, to confirm
the judgment of the bailiff of Jersey and Sir Philip de Carteret,
appointed Commissioners by Council to inquire into a controversy between him and John Bandain, Eleazar le Marchant, and
Thomas le Marchant, as to the right to a certain yard, which
appeared to the Commissioners by deeds, witnesses, &c. to be
unjustly detained from petitioner, and they adjudged it to him;
nevertheless, Baudain still hinders him, as he has done for more
than a year, in finishing his house, whereby he has been damaged
in 300l. |
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With reference thereon to Clement Edmondes, clerk of the Council,
and his report, that although the Commissioners certify that the
property of right belongs to Briard, yet as they received a remonstrance from the nine jurats of Guernsey, that their proceedings upon
the commission would be very prejudicial to their charter and the
King's Court there, they determined nothing, but left it to the
Board. Therefore as the commission was grounded upon a Doleance,
the cause not coming hither by way of appeal, the same may be
further heard before His Majesty's learned counsel here, and the
jurats may send some of their own number to be present. |
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Subscribed: "Fiat, Ralph Winwood." [2 pages.] |
| July 27. |
55. Sir Philip de Carteret to the Council. Please direct your
letters to the governor of Jersey or his lieutenant, that a cornet
of horse, consisting of 50 of the chiefest and ablest of that island,
be raised there for the King's service and their own defence. That
the governor or his lieutenant cause the inhabitants to provide
themselves with the arms they have been rated at, and return
the names of those that refuse, taking bond of them to appear
before you within 40 days. Also, that according to a warrant
granted by you, a last of powder may be taken out of the stores, as
provision for the inhabitants there, they paying the usual price for
it. Three demi-culverins of iron were some time since bought by
the inhabitants for defence of their landing places, and since then,
on account of the peace, two of them were lent to the governor
and employed in Elizabeth Castle and St. Aubin's Fort. It is
therefore desired that you will order them to be restored to the
inhabitants, and that His Majesty will send two others in their
place. [1 page, unsigned.] |
| July. |
56. Account of receipts and payments of Rich. Redrup, master,
and Thos. Barnard and John Chapman, wardens of the Farriers'
Company, London, from 29 Sept. 1613 to 1 Aug. 1615. Also inventory of the Company's plate, furniture, deeds, &c., as given in charge
to George Moss, master, and Rob. Morris and Thos. Cox, wardens of
the Company, 1 Aug. 1615, and their accounts from Aug. 1615 to
July 1617; total receipts, 25l. 0s. 6d.; payments, 23l. 6s. 10d.
The expenditure was chiefly for dinners, held at the Red Lion,
Queen's Arms, Red Cross in Red Cross Street, and Saracen's Head,
without Bishopsgate; also for suppers, &c. at the Boar's Head
Eastcheap, and Boar's Head within Cripplegate. |
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These form pp. 3–13 in a paper book. Then follow a number of
blank leaves. At the end, p. 56, is the inventory of plate, &c. delivered by Mr. Love, late master, to Mr. Redrup and the wardens,
at a Court held 7 Oct. 1613. [½ page.] |
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Also, p. 54, certificates by Rob. Glover, clerk of the Company,
22 Oct. 1613, that in consideration of a demise to him and his wife
of his dwelling in the Hall, he will assist in raising monies on
interest for the Company when needful, and will also be co-security
with the warden and assistants. Also that he will continue to
serve them as clerk, on penalty of forfeiture of 50l. [1 page.] |
