English
[1] Charles the Second, by the grace of God king of England, Scotland, France and Ireland, Defender of the Faith &c. To all to whom these present letters come, greeting. We have inspected certain letters patent of the Lord Charles formerly king of England our most dearly beloved father, of blessed memory, made in these words. Charles, by the grace of God king of England, Scotland, France and Ireland, Defender of the Faith &c. To all to whom the present letters come, greeting. Whereas our beloved and faithful lieges and subjects, the bailiff and the jurats of our Island of Jersey, and the other sojourners in and inhabitants of the same island within our duchy of Normandy, and their predecessors, have from time beyond what the memory of men can reach, by virtue of several charters, grants, confirmations, and most ample writs, of our illustrious progenitors and ancestors, both kingsand queens of England and dukes of Normandy, and others, used, enjoyed, and been in possession of very many rights, jurisdictions, privileges, immunities, liberties, and franchises, freely and quietly, and without any infringement of the same, both within the kingdom of England, and elsewhere within our dominions, and other places under our subjection on this side of, or beyond, the seas; by the aid and benefit of which grants, the aforenamed island and maritime places have stood out and continued constantly, faithfully, and unblameably in our faith, obedience, and service, and that of our progenitors and predecessors, and have enjoyed and gone on in their commerce and trade with merchants, both natives and aliens, as well in time of peace, as in time of war, and exercised and executed their duties in giving their decrees, and taking cognisance of all and every cause, quarrel, action, both civil and criminal, and capital and judicial pleas; and the right of jurisdiction they were vested with, to take into their consideration, decide, discuss, hear, and determine, and to proceed in the premises, and keep records of their proceedings according to the laws and customs practised of old, and approved in the said island and other places aforesaid; except in certain cases reserved from time to time to our royal cognisance:
[2] And we considering of how great advantage and moment all and singular the premises are, and have been, toward the safe-keeping and conservation of the aforesaid island and maritime places in their fidelity and allegiance to our crown of England; and being always mindful, as is just, how courageously and loyally the said islanders and inhabitants have behaved themselves in our own and in our progenitors’ service, and considering what great detriments, losses and dangers they have sustained and do daily sustain, both for the constant safeguarding and defence of our Castle of Mont Orgueil, in our aforesaid island of Jersey; to the end, not only to show some distinguished testimony and certain marks of our favour, affection, and royal beneficence towards the inhabitants aforesaid, but also to encourage them, and their posterity for ever, to persevere and continue inviolably in their accustomed and due obedience towards us, and our heirs and successors; we have thought proper to grant to them these our royal letters patent, confirmed under our great seal of England, in form following.
[3] Know ye, that we, of our special favour, certain knowledge, and mere motion, have given and granted, and for ourselves, our heirs and successors, we do by these present letters give and grant, to the said bailiff and jurats of our island of Jersey aforesaid, and to the other sojourners and inhabitants of the same island; that they themselves and every one of them (though not herein stated or declared by their particular names) were and shall, for the time to come, be for ever free, exempted, and acquitted, in all our cities, boroughs, markets, and trading towns, fairs, mart-towns, and other places and ports, within our kingdom of England, and within all our provinces, dominions, territories, and other places under our subjection, this side of, or beyond, the seas, from and of all tributes, tolls, customs, subsidies, hidage, taylage, pontage, panage, murage, fossage, works, and warlike expeditions (except in case our body, or that of heirs and successors, should be held in prison (which God avert)), and of and from all other contributions, duties, and exactions whatsoever, that may be due from, to be rendered by, or be payable by, and claimed from, the said islanders, to us, our heirs and successors, ever in any manner, by virtue of any charters, grants, confirmations, and writs of our said progenitors, formerly kings of England and dukes of Normandy, or others, or by virtue or reason of any reasonable and legal usage, prescription, or custom.
[4] And whereas some other privileges, jurisdictions, immunities, liberties, and franchises have been graciously given, granted, and confirmed by our progenitors and predecessors, formerly kings of England and dukes of Normandy, and others, to the aforesaid islanders, and have been used and observed constantly in the said island and other maritime places, from the time whereof the memory of men reaches not to the contrary; one of which is, that in time of war merchants of all nations and others, both aliens and native, both enemies and friends, could and might freely, lawfully, without danger or punishment, come to, resort to, go to and fro, and frequent the said island, and other maritime places, with their ships and goods; both to avoid storms, and to conduct their other lawful business there, and to exercise there free commerce, business and trade, and securely, and without danger, remain there, and depart from thence, and return to the same, as often as they think fit, without any harm, molestation, or hostility whatsoever, in their goods, merchandise, or persons; and this not only within the said island and maritime places, and all around the same, but likewise at such spaces and distances from the island as the sight of man goes to, that is as far as the eye of man can reach: We, by virtue of our royal authority, do, for ourselves, our heirs and successors, indulge and enlarge, and renew, reiterate, and confirm, by these present letters, as far as in us lies, the same immunities, impunities, liberty, and privileges, and all the other premisses last mentioned, finding them to be reasonable and seasonable, to the said bailiff and jurats, and the other sojourners, inhabitants and merchants, and others, whether enemies or friends, and to each of them, in as ample form and manner as heretofore they have used or enjoyed the same, or should have used or enjoyed the same. In order therefore to prevent any violation or infraction, reckless or otherwise, of this our grant, concession, and confirmation, or any thing therein contained, in any manner whatsoever, we declare and give this warning by these present letters to all our magistrates, officers and subjects in all parts of our kingdom of England, and throughout all our lordships and places under our obedience, wheresoever they lie, or are situated. And if any one of our said officers and subjects shall be so rash as to presume or attempt to transgress these our strict orders and commands, we order and decree (as far as in us lies), that he shall not only restore what has been taken or seized, but shall also be compelled to make a fuller restitution and satisfaction of all costs, interests, and damages, by whatever legal remedy, and he shall be severely punished for his audacious contempt of our royal power, or of our laws.
[5] Further, we, of our more gracious favour, for ourselves, our heirs and successors, do, by these present letters, ratify, approve, establish, and confirm, all and every one of the laws and customs which have been duly and legally used and from ancient times received and approved within the aforesaid island and maritime places; giving and granting to the aforesaid bailiff and jurats, and all other magistrates and officers of justice, and others who are appointed for performing the functions and executing the duties of any office, full and absolute authority, power, and faculty to have the cognisance, jurisdiction, and judgment concerning and touching all and all sorts of pleas, processes, law-suits, actions, quarrels, and causes arising within the island and maritime places aforesaid; both those actions which are personal, real, and mixed, and those which are criminal and capital, and to proceed in the said island, and not elsewhere, in hearing the parties in their pleadings, in prosecutions of their processes, and in their defence; and to supersede, examine, and hear the same, determining, absolving, condemning, making decrees, and putting their sentences in execution, according to the laws and customs previously practised and approved in the island and maritime places aforesaid; without admitting any challenge or appeal, except in such cases as are reserved to our royal cognisance by the ancient custom of the island and places aforesaid, or by our royal right and privilege ought so to be reserved. Which authority, power, and faculty, except in the cases reserved to us, we give, commit, grant, and confirm, for ourselves and our heirs and successors aforesaid, to the said bailiffs and jurats, and to the others, by these present letters, as freely, fully, and entirely, as the said bailiff and jurats, or others or any of them, heretofore have rightfully and lawfully used, practised, and enjoyed, or might legally have used and enjoyed.
[6] Moreover, our will and pleasure is, and we grant, for ourselves, our heirs, and successors by these present letters, to the said bailiff and jurats, and the other inhabitants and sojourners in the island and maritime places aforesaid, that for the time to come, none of them be cited, arrested, or summoned, or drawn into any lawsuit, or forced in any manner by any writs or process, issued from any of our courts or others of the kingdom of England, to appear and answer before any of our judges, justices, magistrates, or officers, or others, out of the island and maritime places aforesaid, touching or concerning any thing, dispute, causes, or matters in controversy whatsoever, arising in the aforesaid island, but that the aforesaid islanders, and each of them, may lawfully and without restraint, notwithstanding the said summons, warrants, writs and processes, remain, reside quietly, and abide in the aforesaid island and places, waiting for justice there; without incurring any punishment, corporal or pecuniary, by way of fine, mulct, ransom, or forfeiture, by reason of any offence, contempt, or contumacy, committed towards us, our heirs and successors, for which they might be sued, arraigned, or condemned (except only in the cases, which by the laws of the island and places aforesaid are reserved to our royal cognisance and determination, or by our royal right and privilege ought to be so reserved.
[7] And moreover, of our more gracious favour, certain knowledge, and mere motion, we have given, granted, and confirmed, and by our present letters, for ourselves, our heirs and successors as far as in us lies, we do give, grant, and confirm to the aforesaid bailiff and jurats, and other sojourners in, and inhabitants of, the aforesaid island and maritime places; as also to merchants and others meeting there, the like, and as great, and as ample rights, jurisdictions, impunities, indemnities, exemptions, liberties, franchises, and privileges whatsoever, as the aforesaid bailiff, jurats, and other sojourners and inhabitants, and merchants and others, or any of them, have heretofore rightfully and legally used, practised, and enjoyed; and all and singular other things whatsoever that has been heretofore given, granted, and confirmed to them or to their predecessors, in any charters, orders, or letters patent, of us or our progenitors or predecessors, formerly kings and queens of England, or dukes of Normandy, or others, and not revoked or abolished, by whatsoever name or names the same bailiff and jurats, and other sojourners in, or inhabitants of, the same island and maritime places aforesaid, or their predecessors, or any of them, may be supposed to have been comprised, called, or named, or ought to have been called or named, in the said letters patent, and all and singular which things, though not herein expressly mentioned, we do by these present letters confirm, consolidate, and ratify anew to the aforesaid bailiff and jurats, and other sojourners, and inhabitants, of the island and maritime places aforesaid, and also merchants and others coming together there, those born there, and those born elsewhere, as fully, freely, and entirely, as if all and singular the things particularly mentioned and declared in the same letters patent were particularly in words expressly recited and declared in these our present letters patent.
[8] Saving always entire and without detriment the regal and sovereign power, dominion, and empire of our crown of England, as to what may concern the allegiance, subjection, and obedience of the aforesaid islanders, and others, whoever they may be, dwelling for a shorter or longer time in the same island; and also as to what may concern the regality, privileges, incomes, revenues, tributes, and other rights, profits, commodities, and emoluments whatsoever, anciently due and accustomed to be paid to us, our heirs and successors, according to our royal prerogative as kings of England, or the prerogative of the duchy of Normandy, in the island and places aforesaid; saving also to the aforesaid islanders, and others dwelling or being in the said island, a right to appeal in all cases reserved to our cognisance and consideration by the laws and customs of the said island, or which by our royal right or privilege ought to be so reserved. Notwithstanding any sentence, clause, thing, or matter whatsoever expressed above, or specially contained to the contrary in these present letters.
[9] Provided always that any clause, article, or any other thing expressed and specified in our present letters patent are not construed, interpreted nor extended to any thing that might be prejudicial to us, our heirs, or successors with regards to any of our lands, tenements, rents, regalities, or inheritances within the aforesaid island and maritime places or any of them.
[10] And in addition, since we are given to understand that an exaction has recently been levied upon the inhabitants and peoples of our island of Jersey aforesaid, and on merchants and others gathering there against the ancient extent and custom there used, that is to say for each quarter of corn or other grain exported from the island three shillings and six pence in money current within the island, when that extent previously did not, as we understand, extend to so large a sum. And since the said inhabitants and people of the aforesaid isle of Jersey were accustomed in the same way to pay to the use of our progenitors or ancestors for every one hundred and fifty pounds of wool exported from the island according to the extent there used four pence in the money current within the same island, we will, and by these present letters for us, our heirs, and successors do grant to the aforesaid inhabitants and peoples of our aforesaid island of Jersey, that they themselves, and all the other merchants gathering there from now henceforth for ever shall be bound to pay for our use a sum no more or greater than twelve pence in the money current within the same island of Jersey for each quarter of wheat or other type of grain hereafter exported from the same island. Thus, always, and on condition that the same inhabitants and peoples of the aforesaid island of Jersey and all other merchants and foreigners gathering there, owe and are bound to pay forever hereafter to our use for every one hundred and fifty pounds of wool exported from that island, three and a half shillings in the money current within the same island and aforesaid maritime places, or any of them.
[11] Furthermore, we wish and by these present letters we grant, that the said bailiff and jurats and other islanders and inhabitants of the aforesaid island and maritime places should and will have these our letters patent made in the proper way and sealed under our great seal of England without fine or fee, great or small, rendered, made or paid to us in our Hanaper or elsewhere to our use for the same. The fact that express mention of the true annual value, or of the certainty of the premises, or of any one or of other gifts or grants made by us or by any of our progenitors or predecessors, to the aforesaid bailiff and jurats of our aforesaid island of Jersey before these times is not made in these present letters, or in any statute, act, ordinance, proviso, proclamation, or restriction to the contrary thereof heretofore had, made, published, setting there in order, or provided to, or in any other thing, cause or matter whatsoever in any way notwithstanding; in witness whereof we caused these our letters to be made patent; witness myself, at Canbury the sixth day of July in the year of our reign in England etc. the third.
[12] We moreover finding the aforesaid Letters Patent and all and singular concessions, rights, jurisdictions, privileges, immunities, liberties, and franchises, and all and singular other things contained and specified in the same Letters Patent to be reasonable and acceptable, for ourselves, our heirs and successors, as far as in us lies, accept and approve, and to our beloved subjects the bailiff and jurats of our aforesaid island of Jersey and the other sojourners in and inhabitants of that island, for their great and constant faith and allegiance shown to us and our predecessors formerly kings and queens of England, for whatever cause, of our special favour and certain knowledge, and mere motion we have given and granted and by these present letters for ourself, our heirs and successors we give and grant to the same bailiff and jurats of our island of Jersey and other sojourners in and inhabitants of that island full power and authority that finally in perpetuity it is and will be permitted to them to have, use, and carry, or cause to be carried in the presence of the bailiff of our same island of Jersey for the time being what is commonly called a ‘Mace’ of gold or silver sculpted and garnished with the our arms and the arms of our heirs and successors upon it, in and through the whole of that island of Jersey, its liberties and precincts at the will of bailiff of that island for the time being, when and as often as the occasion requires.
[13] And further we wish and by these present letters for ourselves, our heirs and successors, we grant to the said bailiff and jurats of our aforesaid island of Jersey, and the other soujourners and inhabitants within that island, that these our letters patent, in and through all matters, will be good, firm, valid and effectual in law according to the true intention of the same. Notwithstanding failure to identify, or the false identification or recitation contained in the same or notwithstanding any statute, ordinance, provision, proclamation, or restriction of whatsoever kind heretofore had or made.
[14] Furthermore, we wish and by these present letters we grant, that the said bailiff and jurats and other islanders and inhabitants of the aforesaid island and maritime places should and will have these our letters patent made in the proper way and sealed under our great seal of England without fine or fee, great or small, rendered, made, or paid to us in our Hanaper or elsewhere to our use for the same. And that although express mention of the true annual value, or of the certainty of the premises, or any one or of other gifts or grants made by us or by any of our progenitors or predecessors, to the aforesaid bailiff and jurats of our aforesaid island of Jersey before these times is not made in these present letters, or in any statute, act, ordinance, proviso, proclamation, or restriction to the contrary thereof observed, made, published, ordained, or provided, or any other thing, cause, or matter whatsoever in any way notwithstanding. In testimony whereof we have caused these our Letters to be made Patent. Witness myself, at Westminster on the tenth day of October in the fourth year of our reign
Howard
By writ of privy seal