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May 7.
Jersey. |
72. Sir Phil. Carteret to Council. After a long controversy
between Peter de la Rocque, of Jersey, on behalf of himself and his
younger brethren, and the heirs of Raulin de la Rocque, elder
brother of Peter, you commissioned Sir John Peyton to examine the
parties, and end the suit; and if they could not agree, the governor,
or in his absence, I, the seigneur of St. Ouen, was to act as umpire. |
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The parties having chosen arbitrators, they have reduced most
part of the plaintiff's demands to a certain sum, with many of the
rebatements produced by the defendants, except the rent and
arrears of a house demanded by the defendants, the property of
which house was claimed by the plaintiff; the decision thereof belonged to the bailiff and justices; but on appeal was ordered by
your Lordships. Meanwhile two of the plaintiff's arbitrators died,
and the defendants refusing to have any others chosen, I was required by Sir Edward Conway and Sir Wm. Bird, Commissioners in
this isle to nominate other persons in lieu of those dead; which
having performed, the defendants used many delays, and not being
able to bring them to submit to your order, I have granted execution
of those of the plaintiff's demands which are by the arbitrators
reduced to a certain sum, subtracting the rebatements; I now
entreat you to order a final decision on all differences yet remaining,
the cause having lasted 30 years, to the undoing of the plaintiff,
who is indebted to many, and ready to be cast into prison. [1 page.] |
| May? |
73. Petition of Peter de la Rocque, of Jersey, to Council, to
examine a report made by the seigneur of St. Ouen, and require
him to call the parties referred to before him, and enjoin them to
choose arbitrators of all their controversies. Upon petition to
Council, they issued a commission to the governor of Jersey or the
seigneur of St. Ouen, to examine a cause between petitioner and
the heirs of Raulin de la Rocque, his eldest brother, relative to many
demands and sums of money, to nominate arbitrators, and if they
could not agree, the governor or seigneur to be the umpire. The
arbitrators have determined most of the questions in dispute; but
part remain undecided, because the defendants will not choose new
arbitrators in the room of those deceased. The controversy has been
in hand upwards of 30 years, to the undoing of petitioner. [½
page.] |
| May 8. |
74. Petition of John Dumaresq, deputy of Jersey, to Council,
for the following alterations, for the better defence of the island. |
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That it shall not be lawful for the governor to quit the isle, except
by leave from His Majesty or the Council, and on appointing a
sufficient deputy in Montorgueil Castle. |
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That there be a lieutenant of ability and experience in martial
affairs continually entertained in the isle, to whom the care of
Elizabeth Castle shall be especially committed. |
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That an English minister, of good life and approved doctrine, be
entertained in Montorgueil Castle, for the instruction of the soldiers. |
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That the master porters of the castles be men who have borne
charge in some martial company, and learned their duties. |
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That the master gunners be men of experience, and that a competent number of inferior officers and soldiers be kept in garrison in
each castle. |
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That the present insufficient form of watching in the castles be
reformed, and the 12 anciently retained to watch before Montorgueil
Castle gate be re-entertained, and the court de garde, now demolished,
rebuilt. |
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That competent wages and allowance be ordained for officers and
soldiers, and paid quarterly, and that all be natives of England or
Wales. |
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That the governor and all other officers and soldiers of the castles,
with their families, live within the castles, as hath been anciently
accustomed. |
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That a muster-master be entertained by the governor, to train
the inhabitants in martial discipline, and command be given to the
governor to keep a general muster once a year. |
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That the governor, officers, and soldiers be forbidden to sell, lend,
or embezzle the munitions or stores; and command given to the
lieutenant, bailiff, and jurats, at the change of every captain or
governor, to take an inventory thereof, and certify the same unto the
Council chest, having delivered an authentic copy to the governor. |
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That His Majesty will command the bailiff and jurats to visit the
castles once a year, enquire after all contraventions of his orders, and
all defects and abuses in the military government, and certify King
and Council. |
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That His Majesty will relieve his poor subjects with some arms,
of which there is great want, and they are unable to provide
themselves; and that order be given for fortifying the isle and
castles. |
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With regard to the civil government:—That according to a former
order of Council and divers precedents, the bailiff be maintained in
possession of assembling the Estates of the isle, in which assembly
he presides, wherein the governor's presence is always required, and
has the primitive voice in all their deliberations. |
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To give a resolution to that article of the orders of Henry VII.,
whereby the differences between the governor and bailiff are reserved to the King, the bailiff interpreting it of personal actions
only, and the governor extending it to all actions, direct or indirect;
and to consider how important it would be for the bailiff, upon every
occasion, to repair hither to demand justice. Doubts having been
made whether the soldiers are subject to the civil magistrate, that
interpretation be given of that article of the orders of Henry VII.,
whereby they are bound to answer to the law there. |
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As the office of bailiff is a place of great eminence and authority,
exceeding painful, and subject to great expenses, and yet very poor,—whereby poverty and great authority meeting together, the poor
people shall be always in danger to receive prejudice;—and as the
bailiff, who held his office by patent, enjoyed, when all things were
cheaper by one half than they are now, double his present revenue, that Council will be mediators to His Majesty for ordaining
to the said office a competent allowance, sufficient to maintain the
bailiff with credit. |
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And whereas Philip Maret has committed divers misdemeanours
and contempts towards the bailiff and justices, and has unjustly
complained by petition to the King against some of them, and
charged the bailiff before the Commissioners with many false accusations, and especially of a foul crime, that Council will order him to
make due reparation. Also that Council will grant the inhabitants
certain petitions, delivered to the Commissioners by the Estates of
the said isle, to be presented to His Majesty. [1¾ pages.] |
May 12.
Jersey. |
75. Jean Herault, bailiff to Sir [Edw.] Conway, at Court. This
state and I owe you many thanks. I have written to my friends
to intercede with the King, that you may be joined with the Commissioners to whom he has deputed the regulation of our affairs,
that our estate being known, order may be taken. It is wonderful
that notwithstanding your coming over here, and representing our
feebleness, there is not only no order to remedy it, but the thing is
still more neglected. I know I am marvellously misliked for having advertised these things and sought their reformation, but my
treatment has been such that no other will dare to follow my example, whatever faults the captain may commit to the King's
prejudice. [1 page, French.] |
| May 16. |
76. Account of Wm. Butts for wood sold in Sherborne, for the use
of Sir Rob. Chamberlain, in 1616. [14 pages.] |
